Backup Documents 02/27/2007 R
BCC
REGULAR
MEETING
BACK-UP
DOCUMENTS
FEBRUARY 27, 2007
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
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AGENDA
February 27, 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, Com missioner, District 4 (arrived at 11 :05 a.m.)
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL
RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY
THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2004-05, AS AMENDED REQUIRES
THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING
ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE
BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO
THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
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February 27, 2007
AND THEREFORE MAY NEED TO ENSURE THAT A VERBA TIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL 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 A V AILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1 :00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
2. AGENDA AND MINUTES
A. Approval of to day's regular, consent and summary agenda as amended. (Ex
Parte Disclosure provided by Commission members for consent and
summary agenda.)
Approved and/or Adopted with changes - 4/0
B. January 24, 2007 - BCC/ AUIR Meeting
Approved as presented - 4/0
C. January 25,2007 - BCC/EAR Meeting
Approved as presented - 4/0
3. SERVICE A WARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
4. PROCLAMATIONS
A. Proclamation honoring Veterans Transportation Program to offer
appreciation and thanks to the volunteer drivers, office staff, and their
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February 27, 2007
families for their efforts in making the quality of life better for veterans in
our community. To be accepted by Mr. Jim Elson, President, Collier County
Veterans Council.
Adopted - 4/0
B. Proclamation designating February 2007 through April 2007 as Celebration
of Children and Families Months. Multiple local and statewide non-profit
organizations representing many different childrens issues are participating
in the celebration, providing a holistic approach to the well-being of
children, and encompassing all issues which impact Floridas children and
families. To be accepted by Barbara A. Saunders Executive Director, Early
Learning Coalition of Southwest Florida.
Adopted - 4/0
c. Proclamation designating March 2007 as National Purchasing Month to
celebrate the importance of the purchasing profession in general and the
Collier County Purchasing Department in particular. To be accepted by Mr.
Steve Carnell, Purchasing, General Services Director.
Adopted - 4/0
5. PRESENTATIONS
A. Thanks to the continued support of the Board, the public Automatic External
Defibrillation (AED) Program, here in Collier County has been a model that
other communities have attempted to duplicate. Through this AED Program,
thousands of citizens, not in the medical profession, have been trained in
CPR and how to operate an AED if an emergency should ever arise. On
Tuesday May 2, 2006, at the Golden Gate Fitness Center such an emergency
arose. A member of the fitness center, while using a treadmill, lost
consciousness and went into cardiac arrest. A group of citizens responded
accordingly and we want to thank them today.
Presented and recognized
B. Contractor Presentation for South County Regional Water Treatment Plant
12 mgd.
Presented
6. PUBLIC PETITIONS
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February 27, 2007
A. Public petition request by Neil Spirtas to discuss the purpose of STOP! Red
Light Running Coalition and request financial support.
Presented and to work with Commissioner Coletta to achieve
endorsement of Florida Association of Counties and Office Manager to
prepare a proclamation/resolution to support coalition - Approved 4/0
Withdrawn
B. Public petition request by Richard Greco to discuss the Vanderbilt Beach
Road Extension.
C. Public petition request by Roberto Leon to discuss property at 1071 16th
Street NE and the Vanderbilt Beach Road Extension.
Presented and staff to bring back with update on progress
D. Public Petition request by Greg Bello to discuss the Goodland Zoning
Overlay.
Presented and to be brought back at March 13, 2007 BCC Meeting with
certified signatures of 51 % of property owners in favor - Approved 4/0
E. Public petition request by Mona Casey to discuss a safety refrigerant locking
cap Ordinance.
Presented and Commissioner Henning to contact an AC professional for
a possible presentation to the Board
Item 7 and 8 to be heard no sooner than 1 :00 p.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
Moved from Item #8B
A. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. CU-2006-AR-l 0550:
Collier County Department of Facilities Management, represented by Heidi
Williams, ofQ. Grady Minor & Associates, P.A., is requesting a conditional
use in the Estates zoning district pursuant to Section 2.01.03. G.1.e and
Section 10.08.00 of the Collier County Land Development Code 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 Boulevard North,
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February 27, 2007
in Section 4, Township 49 South, Range 26 East, Collier County, Florida.
Motion taken to accept CCPC recommendations and add EMS Policy
for Siren use and to build a wall along with a landscape buffer on South
side of project - Denied 2/3 (Commissioner Coletta, Commissioner
Coyle, and Commissioner Fiala opposed)
Resolution 2007-45: Adopted w/stipulations 4/1 (Commissioner Fiala
opposed)
8. ADVERTISED PUBLIC HEARINGS
A. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. 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., requesting a PUD to RPUD rezone. The approved zoning classification
is currently 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 the Princess Park Residential Planned Unit
Development (RPUD). The subject property, consists of 11.3 acres, and is
located on Airport-Pulling Road North, in Section 1, Township 49 South,
Range 25 East, Collier County, Florida.
Motion to continue - Approved 4/1 (Commissioner Henning opposed)
Moved to Item #7 A
B. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. CU-2006-AR-l 0550:
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 pursuant to Section 2.01.03. G.l.e and
Section 10.08.00 of the Collier County Land Development Code 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 Boulevard North,
in Section 4, Township 49 South, Range 26 East, Collier County, Florida.
C. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. RZ-2005-AR-7271:
Collier County Public Utilities Department, represented by Fred Reischl,
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February 27, 2007
AICP, of Agnoli, Barber & Brundage, Inc., requesting a rezone from the
Agricultural (A) zoning district to the Public Use (P) zoning district limited
to Essential Service use only. The subject property, consisting of 42.2 acres,
is located at 1300 Manatee Road, in Section 10, Township 51 South, Range
26 East, Collier County, Florida.
Motion to continue indefinitely -Approved 5/0
Moved from Item #17E
D. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. 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 to consist of an affordable housing
residential neighborhood of 400 single-family, zero lot line, two-family or
multi-family duplex dwelling units in a project to be known as the 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 is
approximately 2 miles east of the intersection of State Road 29 and County
Road 846.
Motion to continue - Approved 5/0
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Pelican Bay Services Division Board.
Resolution 2007-46: Appointing Mary Ann Womble - Adopted 5/0
B. Appointment of member to the Bayshore Beautification MSTU Advisory
Committee.
Resolution 2007-47: Appointing William Conrad Willkomm - Adopted
5/0
C. Request Board to set the place and time for the Clerk, with the assistance of
the County Attorneys Office, to open and count the mail ballots of the
nominees to fill the vacancies on the Pelican Bay Services Division Board.
Tuesday, March 6th at 2 P.M., located on the 5th floor of the Courthouse
at the Clerk's Conference Room - Approved 5/0
Time Certain: 11:00 a.m.
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February 27, 2007
D. Discussion of proper actions under Public Comment or Commissioner's
Comments at future BCC Meetings.
Discussed
E. That the Board of County Commissioners consider adopting a resolution
pertaining to the citizens of Collier County and their right to the use of any
and all Collier County Facilities.
Resolution 2007-48 Adopted 4/1 (Commissioner Halas opposed)
10. COUNTY MANAGER'S REPORT
A. Report to the Board of County Commissioners on the blasting activities at
the Jones Mine Commercial Excavation site. (Joseph K. Schmitt,
Administrator, Community Development and Environmental Services)
Approved - 4/0 (Commissioner Coyle absent); staff to check PUD to
make sure that all is being done as promised
B. Recommendation to award Work Order HS-FT-3785-07-03 in the amount of
$2,846,000 to Hazen and Sawyer, P.C. (H&S), for professional engineering
services to expand the North County Water Reclamation Facility (NCWRF)
to 30.6 million gallons per day (MGD) maximum month average daily flow
(MMADF), as Project 73950. (Jim DeLony, Administrator, Public Utilities)
Approved - 4/0 (Commissioner Coyle absent)
Continued to March 13,2007 BCC Meeting
C. Recommendation to adopt a superseding resolution authorizing the
condemnation of fee simple interests and/or those perpetual or temporary
easement interests necessary for the construction of roadway, drainage and
utility improvements required for the six-lane expansion of Collier
Boulevard from U.S. 41 to the Golden Gate Main Canal. (Capital
Improvement Element No. 86, Project No. 60001). Estimated fiscal impact:
$5,000,000.00. (Norman Feder, Administrator, Transportation Services)
D. Recommendation to adopt a resolution authorizing the acquisition by gift or
purchase of fee simple interests and/or those perpetual or temporary
easement interests necessary for the construction of roadway, drainage and
utility improvements required for the extension of Tree Farm Road from
Davila Street to Massey Street and W oodcrest Drive from Immokalee Road
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February 27, 2007
to Tree Farm Road. (Project No. 60171). Estimated fiscal impact:
$1,200,000.00 (Norman Feder, Administrator, Transportation Services)
Resolution 2007-50 Adopted 4/0 (Commissioner Fiala absent)
E. To seek Board approval of a State Infrastructure Bank Loan Agreement in
the amount of $12,000,000, the amended Locally Funded Lump Sum
Agreement and a resolution authorizing the Chairman to enter into and
execute these agreements with the Florida Department of Transportation to
be used for the I-75/Immokalee Road Interchange Loop Project. (Norman
Feder, Administrator, Transportation Services)
Resolution 2007-49 Adopted 5/0
F. Approve a Budget Amendment to move excess landscape maintenance funds
in the amount of$I,148,493.03 from Fund 112 to the Transit Operations
Facility for Repairs and or Renovations needed at the site. (Norman Feder,
Administrator, Transportation Services)
Approved 4/1 (Commissioner Coyle opposed)
G. That the Board of County Commissioners adopt policies to be used in
developing the Collier County Government budget for fiscal year 2008.
(Michael Smykowski, Director, Office of Management and Budget)
General Fund Millage Rate cap at 100ic> - Approved 5/0
General Fund Budget Increase cap at 60ic> - Approved 5/0
General Fund Budget Allocations proportionate share as presented -
Approved 5/0
MSTD General Fund Millage Targets - Approved 4/1 (Commissioner
Henning opposed)
Limitations on Expanded Positions to Maximize Organizational
Efficiencies - Approved 5/0
Limitations on Current Services Discretionary Operating Expenses -
Approved 5/0
Health Care Program Cost Sharing - Approved 5/0
Compensation Administration - Approved 5/0
Stormwater Management Capital Funding - Approved 5/0
Resolution 2007-51 Setting deadlines and meeting dates - Adopted 5/0
Scheduling Issues - Approved 5/0
Comparative Budget Data - Approved 5/0
Operating Funds - Approved as Presented 5/0
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February 27, 2007
Accrued Salary Savings & Overtime Limitations - Approved w/changes
5/0
Contract Agency Funding - Approved 5/0
Revenue Policies - Approved by Consensus
H. Recommendation to award Work Order UC-280 in the amount of $997,252
to Mitchell and Stark Construction Company, Inc. to demolish the concrete
structures and utilize the existing oxidation ditch structure as an irrigation
quality water storage tank, establish eligibility for a SFWMD grant of
$224,000, and to waive the work order threshold requirements under
contract 04-3535 Annual Contract For Underground Utility Contracting
Services, Project 72501. (Jim DeLony, Administrator, Public Utilities)
Approved - 5/0
I. Recommendation to approve the award of RFP #07-4092 SAP Upgrade
Project to Labyrinth Solutions, Inc (dba LSI Consulting)in the amount of
$1,209,999. (Len Price, Administrator, Administrative Services)
Approved - 5/0
J. Recommendation to award Bid #07 -4072 "Collier County Irrigation Quality
Water Project" to Douglas N. Higgins, Inc. to provide the installation and
hookup of new Irrigation Quality (IQ) water lines to both the irrigation
system and the chiller plant cooling towers on the Main Government
Complex located at 3301 Tamiami Trail East in the amount of$I,183,500.
(Len Price, Administrator, Administrative Services)
Approved - 5/0
Add on Item
K. Recommendation for the acceptance of $1 ,51 0,094 in General Revenue
funds and $1,639,225 in Hazard Mitigation Grant Program (HMGP) funds
towards the construction of the new Collier County Emergency Operations
Center (EOC).
Approved - 3/0 (Commissioner Coyle & Commissioner Fiala absent)
Moved from Item #16E3
L. Approval of an Agreement between the Board of Commissioners and AIS
Risk Consultants, Inc. to provide actuarial support services to the group,
Fighting Against Insurance Rates, alk/a FAIR in an annual amount not to
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February 27, 2007
E. Commissioner Henning - Disappointment w/ KPMG audit on topic of
housing funds - to be brought back to the next BCC Meeting w/ audit
concerns
F. Commissioner Halas - Use of School Board Facilities for public use
G. Commissioner Coletta - School Board joint meetings
H. Commissioner Coletta - Appointed to the Southwest Florida Planning
Council; Immokalee Trade Port and Affordable Housing
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 - 4/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) This item requires that ex parte disclosure be provided by
Commission Members. Should a hearine: be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Turnbury Preserve, approval of
the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
W /stipulations
2) Recommendation to approve the Release and Satisfactions of Lien for
payments received for the following Code Enforcement actions.
As detailed in the Executive Summary
3) This item requires that ex parte disclosure be provided by
Commission Members. Should a hearine: 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 Britney Estates. The roadway and drainage
improvements will be privately maintained.
Resolution 2007-42
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February 27, 2007
4) This item was continued from the February 13, 2007 BCC
Meetine:. This item requires that ex parte disclosure be provided
by Commission Members. Should a hearine: 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 Verona walk Phase lB. The
roadway and drainage improvements will be privately maintained.
Resolution 2007-43
B. TRANSPORTATION SERVICES
1) Recommendation to approve the purchase of 1.14 acres of
unimproved property 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: $125,610.00)
Located off of 35th Ave. NE, between Immokalee Road and Camp
Keais Road
2) Recommendation to approve a Novation Agreement adding
conditions and replacing a previous agreement with Countryside
Master Association, Inc. for construction of a noise wall as part of the
six-lane improvements to Santa Barbara Boulevard Project #62081.
Estimated fiscal impact: ($0)
At Berkshire Lakes
3) Recommendation to approve the purchase of two (2) Crew Cab Flat
Bed Dump Trucks in accordance with Collier County Bid #04-3591
from Wallace International Trucks in the amount of$139,495.14.
For the Road Maintenance Department
4) Recommendation to approve the purchase of two (2) 20-CY Diesel
Powered Dump Trucks in accordance with Collier County Bid #05-
3731 from Wallace International Trucks in the amount of
$208,059.54.
For daily repairs and maintenance of county roads
5) Recommendation to approve a work order in the amount of $484,660
to Aquagenix for the 2007 Australian Pine Removal Project (Project
Number 51501) under Contract 03-3568 Annual Contract for
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February 27, 2007
Countywide Exotic Vegetation Removal. This $484,660 includes a
100/0 contingency of $44,060.
To be reimbursed by South Florida Water Management
Department
6) Recommendation that the Board of County Commissioners approve
one (1) Adopt-A-Road Program Agreement with two (2) roadway
recognition signs at a total cost of $150.00.
Segment of Bonita Beach Road (Collier side), from western end of
Bridge at Fish Trap Bay and to the end of Bonita Beach Road at
the Gulf of Mexico; with Gabe the Granite Guy
7) Recommendation to approve a contract with Cambridge Systematics
for Phase 1 ofRFP-06-3999 for the Toll Feasibility Study for the SS
Jolley Bridge in the amount of $481 ,823.
Marco Island Bridge
8) Recommendation to approve Change Order No.2 to Contract No. 03-
3473 with HDR Engineering, Inc. - Consultant Services for
Preparation of a Land Development Overlay for Bayshore/Gateway
Triangle Community Redevelopment Area (CRA) District
supplementing civil engineering design and surveying services in the
amount of $162,560 for the Gateway Triangle Drainage Improvement
Project, Project Number 51803.
To correct the serious flooding and drainage problems within that
area
9) Recommendation to approve a Developers Contribution Agreement
(DCA) between SEMBLER FAMILY PARTNERSHIP #42, LTD.,
(The Developer) and Collier County to acquire right of way and fund
roadway improvements. The Agreement is a companion item to the
Hammock Park PUDA-2006-AR-I0030, Item 17C.
Located at the northeast corner of Rattlesnake Hammock Road
and Collier Boulevard
C. PUBLIC UTILITIES
1) Recommendation to approve the acquisition of a 60-foot by 60-foot
Utility Easement near the northwest corner of 3898 1 st Avenue SW
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February 27, 2007
2)
3)
Withdrawn
5)
for a public water supply well site easement, at a total cost not to
exceed $27,000, Project Number 700661.
For a raw water transmission main along Weber Boulevard
Recommendation to approve the acquisition of a 50-foot by 60-foot
Utility Easement near the southwest corner of 341 Weber Boulevard
North for a public water supply well site easement, at a total cost not
to exceed $24,500, Project Numbers 700661 and 701581.
Recommendation to approve the acquisition of a Utility Easement for
a 50-foot by 60-foot public water supply well site near the southwest
corner of 611 Weber Boulevard South, and associated pipeline and
access area, at a total cost not to exceed $52,700, Project Number
700661.
To connect the well site to an existing raw water transmission
main
4)
Recommendation to award Work Order HM-FT-3785-07-04 with
Hole Montes, Inc. for professional services for Modifications to
Collier County Water Department Raw Water Booster Pump Station
in the amount of $600,600, Project 710041
To improve response during emergencies and hurricanes
Recommendation to award annual contracts to selected firms for
trenchless sewer system rehabilitation contracting services per bid 07-
4088, project 73050.
To restore and eliminate extraneous flows to the sanitary sewers
and manholes
6)
Recommendation to approve a budget amendment to transfer funds in
the amount of$250,000 from the Collier County Water-Sewer District
User Fee Fund (414) Reserve for Contingencies to Project 743131,
Northeast Irrigation Quality Pipeline, in order to purchase 9,720 feet
on 24 irrigation quality pipe from the Transportation Department in
the amount of$355,725.
To deliver irrigation water to customers in the Northeast section
of the county
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February 27, 2007
D. PUBLIC SERVICES
1) Recommendation to approve the submittal of a 2007 ESRI Grant
Program for 4-H (U.S.) Introductory-Level Grant Application to the
ESRI Grant Assistance Program and National4-H GIS/GPS
Technology Leadership Team for the integration of geographic
information system (GIS) software in Collier County 4-H clubs and
schools.
To enable these clubs to develop projects using GIS in areas of
improved emergency preparedness, environmental conservation,
public safety and enhanced community resource education
2) Recommend Approval of a $40,000 Time & Material, Not- To-Exceed
Professional Services proposal from PBS&J to have Dr. David
Tomasko perform a Sea Grass Study on Lower Clam Bay identifying
die-off factors, contributing relationships and outlining mitigation
strategies and costs.
E. ADMINISTRATIVE SERVICES
1) Recommendation to approve the sale of surplus assets from the North
County Water Reclamation Facility project.
Items to be auctioned off on March 12,2007
2) To obtain approval from the Board of County Commissioners to
authorize a sale of Collier County surplus property on March 24,
2007.
Miscellaneous office items and vehicles
Moved to Item #10L
3) Approval of an Agreement between the Board of Commissioners and
AIS Risk Consultants, Inc. to provide actuarial support services to the
group, Fighting Against Insurance Rates, alk/a FAIR in an annual
amount not to exceed $75,000.
4) Report and ratify Property, Casualty, Workers Compensation and
Subrogation Claims settled and/or closed by the Risk Management
Director pursuant to Resolution # 2004-15 for the fourth quarter of FY
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February 27, 2007
06.
As detailed in the Executive Summary
5) Report and ratify Property, Casualty, Workers Compensation and
Subrogation Claims settled and/or closed by the Risk Management
Director pursuant to Resolution # 2004-15 for the first quarter of FY
07.
As detailed in the Executive Summary
6) Recommendation to approve a budget amendment for on-site grant
training in the amount of$15,500.
For County employee training related to grant writing and
administration
F. COUNTY MANAGER
1) Recommendation to authorize the removal of $570,992.54 from the
Accounts Receivable Control Account and a like amount from the
Allowance for Doubtful Accounts Control Account in the Emergency
Medical Services Funds General Ledger for the time period of
October 1,2003 through September 30, 2005.
For uncollectible debts relating to emergency ambulance
transportation services
2) Recommendation to approve an Emergency Services Memorandum of
Understanding between Collier County and Moorings Presbyterian
Church.
To coordinate relief efforts at the time of a disaster
3) Approve Budget Amendments
To complete repairs caused by water damage at the Utility Billing
and Customer Service Department which caused mold growth
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommendation for the CRA Board to approve the lease of
additional office space for Bayshore Gateway Triangle CRA
operations, approve new office lease with landlord, authorize the CRA
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February 27, 2007
Chairman to sign, and approve all necessary budget amendments
Additional space to be used as CRA Advisory Board meeting
room, public workshop area and conference space; located at
2740 Bayshore Drive
2) To approve and execute Site Improvement Grant Agreement(s)
between the Collier County Community Redevelopment Agency and
Grant Applicant(s) within the Bayshore Gateway Triangle
Community Redevelopment area.
Located at 3144 Pine Tree Drive (residential) and 1716 Airport
Pulling Road (commercial)
3) Recommendation for the Community Redevelopment Agency to
approve the purchase of a residential (mobile home) lot in the
Bayshore area of the CRA as part of a CRA residential infill proj ect;
to approve payment from and authorize the CRA Chairman to make a
draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line
of Credit in the amount of $90,000 plus cost and expenses to complete
the sale of subject property; and approve any and all necessary budget
amendments. Site address: 3148 Van Buren Avenue
W/Stipulation of Appraisal
4) Recommendation for the Community Redevelopment Agency to
approve an extension of Site Improvement Grant Agreement 02/2006
between the CRA and Mr. Peter Canalia due to certain construction
and permitting delays.
Doing business as Lofts on Bayshore Development Company, Inc.
5) Recommendation for the Community Redevelopment Agency to
approve the purchase of a vacant residential (mobile home) lot in the
Bayshore area of the CRA as part of a CRA residential infill project;
to approve payment from and authorize the CRA Chairman to make a
draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line
of Credit in the amount of $90,000 plus cost and expenses to complete
the sale of subject property; and approve any and all necessary budget
amendments. Site address: 4048 Full Moon Court.
W /Stipulation of Appraisal
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February 27, 2007
6) Recommendation for the Community Redevelopment Agency to
approve the purchase of a vacant residential (mobile home) lot in the
Bayshore area of the CRA as part of a CRA residential infill project;
to approve payment from and authorize the CRA Chairman to make a
draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line
of Credit in the amount of $90,000 plus cost and expenses to complete
the sale of subject property; and approve any and all necessary budget
amendments. Site address: 3252 Lunar Street.
W/Stipulation of Appraisal
Moved to Item #14A
7) Recommendation for the Community Redevelopment Agency to
approve the purchase of a residential (mobile home) lot and abutting
vacant lot in the Bayshore area of the CRA as part of a CRA
residential infill project; to approve payment from and authorize the
CRA Chairman to make a draw from the Bayshore Gateway Triangle
CRA Wachovia Bank Line of Credit in the amount of $235,000 plus
cost and expenses to complete the sale of subject properties; and
approve any and all necessary budget amendments. Site address: 3008
Van Buren Avenue
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Coletta requests approval for reimbursement for
attending a function serving a valid public purpose. Commissioner
paid to attend the New Hope Ministries 25th Anniversary Celebration
luncheon on February 11, 2007 and is requesting reimbursement in
the amount of $22.00, to be paid from his travel budget.
Located at 7576 Davis Boulevard
2) Commissioner Coletta requests approval for reimbursement for
attending a function serving a valid public purpose. Commissioner
paid to attend the Know your County Government Teen Citizen
Program Luncheon on April 1 0,2006 and is requesting
reimbursement in the amount of $9.00, to be paid from his travel
budget.
At the East Naples Methodist Church
Page 18
February 27, 2007
3)
Withdrawn
4)
5)
Withdrawn
7)
Commissioner Coletta requests approval for reimbursement for
attending a function serving a valid public purpose. Commissioner
paid to attend the Board of Directors of Leadership Foundations of
America Board Meeting on February 22, 2007 and is requesting
reimbursement in the amount of$30.00, to be paid from his travel
budget.
Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attended the
League of Women Voters Concierge Medicine in Collier County
Luncheon on Monday, February 19, 2007, at the Vineyards Park
Community Center, Naples, FL; $15.00 to be paid from
Commissioner Fiala's travel budget.
Located at 6231 Arbor Blvd W.
Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Will attend the 5th
Annual Women in History Luncheon on Friday, March 30, 2007 at
the Naples Hilton & Towers; $75.00 to be paid from Commissioner
Fiala's travel budget.
6)
Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attended the
Cleveland Club's 9th Anniversary Celebration on Wednesday, January
31, 2007 at the Naples Elks Club; $28.00 to be paid from
Commissioner Fiala's travel budget.
Located at 3950 Radio Road
Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Will attend the
2007 Lincoln Day Dinner on Saturday, March 3, 2007 at the Naples
Beach Hotel; $125.00 to be paid from Commissioner Fiala's travel
budget.
Located at 885 Gulf Shore Blvd N.
I. MISCELLANEOUS CORRESPONDENCE
Page 19
February 27, 2007
1) To file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain board approval for disbursements for the period of February
03, 2007 through February 09, 2007 and for submission into the
official records of the board.
2) To obtain board approval for disbursements for the period of February
10, 2007 through February 16, 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 $1 0,000 to fund the cost of
supplements to the Collier County Code of Laws and Ordinances and
the Collier County Land Development Code.
Currently being supplemented twice a year
2) Recommendation to approve Agreed Order Awarding Expert Fees and
Costs for Parcels 737R, 937R, 738R, 838, 938R, 746R and 946R in
the lawsuit styled Board of County Commissioners v. Willow Run
Land Trust, et aI., Case No. 05-1 036-CA (South County Regional
Water Treatment Plant RO Wellfield Expansion Project No. 70892).
(Fiscal Impact $37,879.29)
3) Recommendation to Approve a Mediated Settlement Agreement and a
Stipulated Final Judgment to be Drafted Incorporating the Same
Terms and Conditions as the Mediated Settlement Agreement in the
Amount of $215,000.00 for the Acquisition of Parcel 118 in the
Lawsuit Styled Collier County v. David Lawrence Mental Health
Center, Inc., et aI., Case No. 06-0567-CA (Santa Barbara Boulevard
Project No. 62081). (Fiscal Impact: $99,541.20)
4) Recommendation to approve an Agreed Order Awarding Planning
Fees for Parcels 131 and 132 in the lawsuit styled Collier County v.
West Coast Development Corp., et aI., Case No. 06-0708-CA (Santa
Page 20
February 27, 2007
Barbara Boulevard Project No. 62081). (Fiscal Impact $14,500.00)
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
RECOMMENDA TION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. SNR-2006-AR-I0898 Jon Ogle, representing the CRA Bayshore/Gateway
Triangle, has submitted a street name change application. The request is to
change the names of two streets, Francis Avenue and Pine Street, to
Linwood Way. The new street, Linwood Way, would include Francis
A venue, south of Linwood A venue to the dead-end intersection with Pine
Street, and Pine Street, North of Francis to Linwood Avenue, in Section 11,
Township 50, Range 25, Collier County, Florida
Resolution 2007-44
B. Recommendation to adopt an ordinance amending Collier County ordinance
No. 2001-13, as amended (The Collier County Consolidated Impact Fee
Ordinance) by amending article two, impact fees, section 74-202, payment
and section 74-203, use of funds; amending article three, section 74-302,
special requirements for road impact fees; providing for conflict and
severability; providing for inclusion in code of laws and ordinances; and
providing for an effective date.
Ordinance 2007-29
C. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition: PUDA-2006-
AR-I0030 Sembler Family Partnership #42, L TD, represented by Bob
Mulhere, ofRW A, Inc., requesting a PUD Amendment to reflect the current
LDC sections which was recodified in 2004 in the Hammock Park
Page 21
February 27, 2007
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. This is a companion item to 16B9.
Ordinance 2007-30
D. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. RZ-2005-AR-7445, D.
Wayne Arnold, AICP, Q. Grady Minor and Associates, P.A. requesting a
rezone from the Conservation Zoning District with an Area of Critical State
Concern and a Special Treatment Overlay (Con-ACSC/ ST) and the Village
Residential Zoning District with an Area of Critical State Concern and a
Special Treatment Overlay (VR-ACSC/ST) Zoning District to the Village
Residential Zoning District with an Area Of Critical State Concern and a
Special Treatment Overlay (VR-ACSC/ST-4) Zoning District for Property
Located in Section 12 and 13, Township 52 South, Range 29 East, Collier
County, Florida. (Copeland)
Ordinance 2007-31
Moved to Item #8D
E. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. 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 to consist of an affordable housing
residential neighborhood of 400 single-family, zero lot line, two-family or
multi-family duplex dwelling units in a project to be known as the 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 is
approximately 2 miles east of the intersection of State Road 29 and County
Road 846.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
Page 22
February 27, 2007
2A
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
February 27. 2007
Withdraw Item 6B: Public petition request by Richard Greco to discuss the Vanderbilt Beach
Road Extension. (Petitioner's request.)
Move Item 8B to 7 A: This item requires that all participants be sworn in and ex parte disclosure
be provided by Commission members. CU-2006-AR-10550: Collier County Department of
Facilities Management, represented by Heidi Williams, of Q. Grade Minor & Associates, P.A., is
requesting a conditional use in the Estates zoning district pursuant to Section 2.01.03.G.1.e and
Section 10.08.00 of the Collier County land Development Code 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 Boulevard
North, in Section 4, Township 49 South, Range 26 East, Collier County, Florida. (Staff's request.)
Item 9E: Remove the word "whom" in the first line of paragraphs 1 and 2. The last paragraph of
the Resolution should read, "The citizens of Collier County, who (remove "whom") . . .." (BCC
Executive Manager Sue Filson's request.)
Continue Item 10C to March 13.2007 BCC meetina: Recommendation to adopt a superseding
resolution authorizing the condemnation of fee simple interests and/or those perpetual or
temporary easement interests necessary for the construction of roadway, drainage and utility
improvements required for the six-lane expansion of Collier Boulevard from U.S. 41 to the Golden
Gate Main Canal. (Capital Improvement Element No. 86, Project No. 60001). Estimated fiscal
impact: $5,000,000.00. (Staff's request.)
Add on Item 10K: Acceptance of $1,510,094 in General Revenue funds and $1,6339,225 in Hazard
Mitigation Grant Program (HMGP) funds towards the construction of the new Collier County
Emergency Operations Center (EOC). (Staffs request.)
Withdraw Item 16C5: Recommendation to award annual contracts to selected firms for trenchless
sewer system rehabilitation contracting services per bid 07-4088, project 73050. (Staffs request.)
Item 16C6: In the title of the executive summary, the project number should read "743111"
(rather than 743131). Also, under Considerations, the third sentence should read: "Public
Utilities has an opportunity to purchase 9,720 linear feet (If) of 24" reclaim pipe from
Transportation Department for $36.59 (rather than "$36") linear foot". Also, under Fiscal Impact,
"Project 743111, Northeast Irrigation Quality Pipeline, is to install an Irrigation Quality (IQ) water
line along Immokalee Road from Collier Boulevard to the new Northeast Plant. Collier County
Transportation Division has excess IQ pipe that Public Utilities can purchase at reduced cost.
However, the project budget presently does not have sufficient funding to cover the purchase of
this pipe. Please see the table below:
$225,450
+ $250,000
Current Budget
Budget Amendment Request
$475,450
- $355,725
Cost of pipe to be purchased
$119,725
Balance left in the project
The remaining balance of $119,725 remaining in the project budget after the purchase of the pipe
is needed to cover additional services such as field surveys, field coordination, and design."
"
_2A
Item 16E2: In the Date Received column on Page 3, items 202 through 209, Page 4, items 301 and
302, and Page 7, items 802 and 803, the date should be 1/26/2007 (rather than 11/26/2007).
(Commissioner Fiala's request.)
Move Item 16E3 to 10L: Approval of an Agreement between the Board of Commissioners and A1S
Risk Consultants, Inc. to provide actuarial support services to the group, Fighting Against
Insurance Rates, aldlal FAIR in an annual amount not to exceed $75,000. (Commissioner Fiala's
request.)
Items 16G3.16G5. 16G6. 16G7 (14A): The approval of these items is subjectto receiving an
appraisal that meets or exceeds the staff or independent appraisal. (Staff's request.)
Move 16G7 to 14A: Recommendation for the Community Redevelopment Agency to approve the
purchase of a residential (mobile home) lot and abutting vacant lot in the Bayshore area of the
CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA
Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of
Credit in the amount of $235,000 plus cost and expenses to complete the sale of subject
properties; and approve any and all necessary budget amendments. Site address: 3008 Van
Buren Avenue. (Staff's request.)
Withdraw Item 16H4: Commissioner Fiala requests Board approval for reimbursement for
attending a function serying a valid public purpose. Attended the League of Women Voters
Concierge Medicine in Collier County Luncheon on Monday, February 19, 2007, at the Vineyards
Park Community Center, Naples, FL; $15.00 to be paid from Commissioner Fiala's travel budget.
(Commissioner Fiala's request.)
Withdraw Item 16H7: Commissioner Fiala requests Board approval for reimbursement for
attending a function service a valid public purpose. Will attend the 2007 Lincoln Day Dinner on
Saturday, March 3, 2007 at the Naples Beach Hotel; $125.00 to be paid from Commissioner Fiala's
travel budget. (Commissioner Fiala's request.)
Item 17A should include ex parte disclosure: "This item requires that all participants be sworn in
and ex parte disclosure be provided by Commission members." SNR-2006-AR-10898 Jon Ogle,
representing the CRA Bayshore/Gateway Triangle, has submitted a street name change
application. The request is to change the names of two streets, Francis Avenue and Pine Street,
to Linwood Way. The new street, Linwood Way, would include Francis Avenue, south of Linwood
Avenue to the dead-end intersection with Pine Street, and Pine Street, north of Francis to
Linwood Avenue, in Section 11, Township 50, Range 25, Collier County, Florida. (Staff's request.)
Item 17C: Under Staff Comment, the first paragraph on page 5 of the Executive Summary should
read that Naples Lakes Country Club is west and not east of the subject site. Also under Staff
Comments, third paragraph on page 5 of the Executive Summary, note that the fifty thousand
(50,000) square feet of office space that may be converted is from the retail and office area that is
being reduced to 160,000 square feet. (Staff's request.)
Time Certain Items:
Item 9D to be heard at 11 :00 a.m. Discussion of proper actions under Public Comment or
Commissioner's comments at future Commissioner meetings.
, 4A
PROCLAMA TION
WHEREAS, the Veterans Transportation Program is a cooperative effort
between the Collier County Board of County Commissioners and
the Collier County Veterans Council: and,
WHEREAS, the purpose of the Transportation Program is to provide free
transportation for Collier County veterans to VA healthcare
facilities in Ft Myers, Bay Pines, Tampa and other facilities in
South Florida: and,
WHEREAS, the drivers in this Program are all volunteers who donate their
time and effort to see that our veterans receive needed
healthcare in a timely manner: and,
WHEREAS, the fam/lies of these volunteers also contribute to the success of
this Program by supporting the volunteers and the goals of the
Transportation Program: and,
WHEREAS, in FY 2007, our volunteer drivers have to date donated 799
hours, mode 264 trips to V A Medical Facl1ities and have
transported over 94% of all veterans who have requested the
services of fJUr Transportation Program.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners
of Collier County, Florida, that we offer our appreciation and
thanks to the volunteer drivers, office staff, and their families
for their efforts in making the quality of life better for the
veterans in our community.
DONE AND ORDERED THIS 27th Day of February, 2007
BOARD OF COUNTY COMMISSIONERS
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PROCLAMA TION
, 48
WHEREAS, the 12th Annual Chlldren's Week "Celebrating Parents and Children" will take place In Tallahassee from
March 25, 2007 to April 1 , 2007, bringing thousands of parents, children, professionals, community
leaders and concerned citizens together to share valuable knowledge and information about children's
Issues across the state and In our Capital City: and,
WHEREAS, the purpose of Children's Week Is to create a shared vision of the State of Florida's commitment to
Its children and families and to engage a long- term process to develop and Implement strategies for
moving the shared vision forward: and does so by encouraging Chlldren's Week activities to occur locally
In all of Florlda's Counties to strengthen and enrich our famIlies and our communities: and,
WHEREAS, Chlldren's Week has teamed up with the Association of Early Learning Coalitions, the Florida
Department of Health's Step Up Florldaf program, Prevent ChIld Abuse Florlda's Winds of Change
campaign, and dozens of leading statewide non-profit organizations to expand the network of community
Involvement and advocacy on a wide array of children and family Issues at the local level: and,
WHEREAS, the Early Learning COtllltlon of Southwest Florida, Is one of 31 Early Learning Coalitions In the State of
Florida legislatively mandated to manage and oversee state and federal-funded early education and
care programs In Hendry, Glades, Collier and Lee Counties so that chIldren will have the optimal health,
education and care they need to promote early learning so that they can be successful In school and In
life: and,
WHEREAS, Step Up, Florldaf Is an annual statewkM lNtalth initiative t:kveloped by the Florida Department of
Health that promotes the importaw:. of dtIIly plrpicDl activity and highlights the variety of physical
activity opportunities avallab!tl ."". aR Florida ruiduts by hoIti", ItICtll events throughout the month of
February. Step Up, Florfdtrl <<tifliti.. are coordinated by tM local Chronic Disease Health Promotion
and Education Coordlnatt:lr$ (~s) in all 67 counties: and,
WHEREAS, In recognition of Child A... PreventiOll Month, Prevent Child Abuse Florida, In partnership with the
Ounce of PreventlOll FuntI tIIfd the Flol'ic/a Department of Children and FamHitIs, Is launching a statewide
public awareness tlIIIIllfilu/:tltion campoign during AprIl 2007 with the campaign theme, Winds of Change -
Turning Choices inttl ChtJIfJ1e, and is symbolized by thtt plnwhttttl, representing this shift or wind of
change: and,
WHEREAS, multiple local and mtwwide non-profit organizations rttprttsttnting many dlffrent childrttn's Issues are
participating in the c~ion of Chi/drttn's Week in ttach county, providing a holistic approach to the
well-being of chlld1Wl, tIIId ucompassing all isslMs which impact Floridtl's children and families: and,
WHEREAS, local Childrttn's Week c.kbrtztions in thtt Months of February thrtJugh April In Collier County will Include
DOCS FOR TOTS: NAPLES t:HIJ..DREN'S EDUCA TION FOUNDATION WINTER WINE FESTIVAL:
EARLY LEARNING PROVI/:JER CELEIIRATIONS and CHILI)REN'S HANDPRINT ART COLLECTION
events throughout Collier County, in ptIrlntll7hip with thtt aNI.. CtlUflty Httalth Department: Healthy
Families Collier County: the Early urning CoaJltiOll of sw Fltrida: United Way: Child Care of SW
Florida: thtt Naples Chlldren's Education FtlUIItItItiotJ, tINt Napltts Alliance for Children and all Early
Learning Programs, Children and Families in Collier County.
NOW THEREFORE, be It proclaimed by thtt BOtlrd of County Commissioners of Collier County, Florida, that
February 2007 through April 2007 be designated as
CELEBRATION OF CHILDREN AND FAMILIES MONTHS
DONE AND ORDERED THIS 27h Day of February 2007.
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PROCLAMA TION
WHEREAS: the purchasing profession plays a significant role in the
efficiency and effectiveness of both government and business;
and,
WHEREAS: purchasing professionals, through their combined purchasing
power, spend billions of dollars every year and have a significant
influence upon economic conditions throughout the world; and,
WHEREAS: the Collier County Purchasing Department provides value-added
services such as,' contract negotiation and administration, vendor
management, and training,. and,
WHEREAS: the Collier County Purchasing Department and professional
purchasing associations throughout the world, engage in special
efforts during the month of March to inform the public about
the importance of the role played by the purchasing profession in
business, industry, and government; and,
WHEREAS: the importance of the purchasing profession in general is
recognized, and the Collier County Purchasing Department in
particular.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners
of Collier County, Florida that March 2007 be designated as
NATIONAL PURCHASING MONTH
DONE AND ORDERED THIS 2~ /)oy of February 2007.
BOARD OF COUNTY COMMISSIONERS
C~C~ FLORrpA '"
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ATTEST:
f!;LC-1Z zJ;z1ll
1SJem to A
Dear Organization:
Attached you will find a proclamation sponsored by the STOP Red Light Running
Coalition, a new group of interested organizations, units of government and citizens. We
are dedicated to curbing one of Florida's most dangerous killers and traffic violators.
Increased traffic safety is the primary goal of the STOP Red Light Running Coalition.
For that reason, I'd like to ask you to sign the STOP Red Light Running Safety
Proclamation.
This Safety Proclamation is an important expression recognizing the need for change and
improved enforcement measures. Very simply, signers of the proclamation publicly
demonstrate a commitment to support efforts to ban red light running, to impose stiff
penalties for repeat offenders and to reduce the tragedies by the use of photo enforcement
systems (license plate photos).
The STOP Red Light Running Coalition - with hundreds of organizations and units of
government including, the Florida Insurance Council, the Florida Sheriff's Association,
Florida League of Cities, SafeKids of Manatee County, Manatee Chamber of Commerce,
and The Mark Wandall Foundation have been encouraging Governor Charlie Crist,
members of the Florida Legislature and others such as yourself to "STOP Red Light
Running!" and to prevent the senseless loss oflives on Florida's roadways.
Please do the right thing and sign today the STOP Red Light Running Safety
Proclamation!
STOP Red Light Runningl
P.O. Box 321
Bradenton, Florida 34206
Fax: (941) 745-1877
Email: NeiIS@ManateeChamber.com
www.floridastopsonred.org
CD
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"
STOP RED LIGHT RUNNING! COALITION
PROCLAMATION
WHEREAS, according to the Federal Highway Safety Administration, over 1.8 million intersection
crashes occur nationally each year, and in 2003 about 206,000 were due to red light running - resulting
in 934 deaths and approximately 176,000 injuries; and
WHEREAS, red light running costs the public an estimated $7 billion per year in lost wages, medical bills
and damages; and
WHEREAS, every day, thousands of motorists run red lights in Florida, recklessly endangering their lives
and the lives of other motorists and pedestrians; and
WHEREAS, according to the Florida State Highway Patrol, over 300,000 motorists are ticketed for
running red lights in Florida every year, and in 2003 red light runners caused 8,000 crashes resulting in
115 deaths, 13,000 injuries and $77 million in damage.
WHEREAS, crashes caused by drivers who run red lights can have the same result as crashes caused by
drunk drivers - serious injury or death - leaving victims with severe long-term physical and emotional
scars; and
WHEREAS, red light running is often a result of aggressive driving and the time saved by avoiding a red
light - an average of 47 seconds - is not worth the potential cost in human lives; and
WHEREAS, the use of automated photo enforcement systems as a means of deterring violations of red
light traffic signals has proven to reduce intersection collisions by more than forty percent (40%), and
their use is supported by the Florida Insurance Council, Florida League of Cities, Federal Highway
Administration, Insurance Institute for Highway Safety and other local, state and national agencies, and
whereby the State of Florida is urged to allow the implementation of these systems to increase traffic
safety across our state.
WHEREAS, we realize safety is a shared responsibility, which drivers must also shoulder by making
smart decisions on the road;
~'"''''''''''''''''''''''''''''''''''''''''''''''''''''''''''.....
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NOW, THEREFORE,
(BUSINESS NAME / ORGANIZA nON)
Contact:
Address:
City / State / Zip:
Phone:
Email Address:
hereby fully supports - the STOP Red Light Running! Coalition and urges all Florida citizens and
legislators to renew their commitment to traffic safety and do all they can to stop red light running.
Send to: STOP Red Light Running Coalition of Florida
P.O. Box 32], Bradenton, Florida 34206
Fax: (941) 745-]877
For info on ways you can help, visit: www.f1oridastopsonred.org
STOP RED LIGHT RUNNING! COALITION
PROCLAMATION SUPPORTERS
I I Business/Organization
-=~I1-ilstNa!ion~1 Bank!Ir~~t~----=:~',==~~~-- ~-=-~_~-~==~-
2: :AAA Employment
-~r--ACI~~ian~Tnc.--- ---- __=--=---=~~ ~~~=~-==_=____~_-=-~~~
-4i--Adams Cooling & Heating, Inc.
~~~-~~L~ Alfy~~ini~e!&ery~~~~~~~-=~~-=:~_-~-=-=~==-.-_~-~
6: .Advertising Specialties & Promotions ASAP
----..-,--~_1---_._-~ n_________________.__.___.. ~.~_._.____._. _____~___._._..__._____.___
7: :Alday-Donalson
~--8--fAfl Seasons Cooling&-He-ating-:tnc~~-------------
~___!J__}\lL Sea~~~s, Inc. --:-_==-=~==-~===---=~_
10 ,Alvarez Mexican Restaurant
-----;---~--~-------~~--,- -,-- -'--------'---'~--------
11 iAmerican Society of Civil Engineers " _________
---12--;-AmeritexTechnologies m____~---- n ~-
-13i-TAnna-Maria--Gulf Coast Rentals-- ----------- ------
-----'--'---1 -,---- , -- - -------'-----,-,--------------, ----
14' ,Anthony Telesca Memorial Foundation
~---j---.---+-- ------_. ---- ------------------_.._._~..----~----_. -----------_..,-~
15 iAnthony's Cooling & Heating, Inc. __________
---------'-_..-;-.._._--_._-_.._--~-------~_._._.~_.~--~-_..---_..- -_._~~---
16 : ; Apopka Police Dept.
-----~;;_-I-_----'--~~-m---" -----------~~---~,-,------
17, ,ASCE (SW Branch)
---1-8~Bfake Medicaf-Centerm-------~---mu--~-----
~-----,------------------------------- --
19' ,Booker High School ________~____
_~9___~o~~_!?~l'!lpst~r C~I'!lP!lny____________________
___.?_!__ __I?_~y.9_!!'slJranc~_~~,,~~tmeI"!.L~_erv~~________~__u_
22 ,Boys & Girls Club of Manatee County
~~~~=s:raa~-nt~i1_g9J1ntry_ Club -==-=--==~==~~=-_~==~
_~?'!.,~~E~Q~"'-ton Do~ntow~flevel~E_menLAu~~ori!Y~__~_____
25 'C.M. & Madge Rowlett
------~--------!----~--_._---~--_._------~--
26' 'Cadence Bank
-----r--t-------~--~-----'----------------'-----------,-
271 ; Care Electric, Inc.
---;l-'+--------- ---'---~--------.-
_~?.J__l. Carlt~~ghiroI?E~cti~___________________
29! I Carpet Corner
--------r---'------~---------~-----~-------..-~----
_~9_Lj~Cl~~~~erry_f_~~ce Dep!:.._______~____~________
31, ,Centex Homes
___~__+-------'-m-~-- ________~_______________~
~~ !fhil~~~~!aurant Groul)_~____
33 1 Chiropractic & Rehab Associates_ __ _
---34r-iChris SLilHvan Insurance -- ---
-----41~'-'--'---____~~_____'__________________
__}_~--+S~~Clue Adverti.sin9~~______~_~____~_
36 i 'City of Bonita Springs
----::-r--I----~--~-~-'--~
--lIW gi!x of C~~tview __~________._______~
__~81~gty of F'~!I~mere "_______
___39T .fjty_of ~ulf Br~eze ____
40, ,City of Holmes Beach
--41----;City Of Lake Alfred -
--42-lCTtYofLakeWorth --~----------~~---
-43T~CTty of Lakeland -------
---:-t--'-------~---
~ City of Lakeland Police Department
45 , City of Largo
461iCTtY of North-Port ---------~--~-------------
-~cjty of Ormond Beach--- ~--
______1_________________ _____~____,_,_,___
48, City of Palmetto
-49-c---'city-of-Plant Clti------
--.----------"----------.-----~---~---~._-----~-----.~--~--.-
50 'City of Rockledge
-51-:Cltyof-SCAugu-stine Beach-~-----------~
---52- -~ CffYofVen-ice------------- ----~------
6A
Updated: 2/26/2007:lar
STOP RED LIGHT RUNNING! COALITION
PROCLAMATION SUPPORTERS
_~~~L_ gity~o! \"{ild~C?()(j~ ~_ ._
54 1 City of Zephyrhills
~=~~-~Jf()~o_r:!~aL~~~~IC=~=~-______ ~~ _-~~==~~ _~-~~=~= ~_~=----...--
56. Community Christian School
-571'~; Communlty-Coafifiorlon--Homelessness n~_n________n_____n ~-
==~?=n~~~I"':~S)r:!~~I~ti().ris~J~~_~"__~--~--== _ .~~~~==~====:n=
_ _5~J__[)a!l?~~~}~~v~!Qern~_nt~ ._ _n__ .___~__ _~__~__..___
60; Decision Management International
.--61L=Qerra~~ea~=Qo~~=C_I~~_~.~:'.-:-==:~'::=____=-==:==
621 Dick Johnson & Jefferson
==~-?tJQIGf[9[2~--:=~~=~-=-==__~=_:====---==:_-=_-=--
641 . Eatonville Police Department
- 65 r-:Ec()no-Movers,-Inc~-.-- .... ~-~ .. - n_______~_~___n~_.nn__
~u__~_I.u...-.------..------__-_____ . _ .______.~__ __~~_..___nn_____n
661 . Ellenton Paint Center, Inc.
u 67' =~9~lt)'c5li,iirl1i:l~c:--n-~===.:-:==.=~~_~-==:_===_===
68' . Escambia County Government
---6~T=f:i~~IgE~~fM~9- =_-=-==:=_=_~==:_=u=----==-=~==-
701 FL MPO Advisory Council
---t..-.-------..------ ----~-----~--. ____.___u__..._____~. -
71, . Florida Association of Fire & Life Safety Educators
-f2:-r=lorraalnsurance Coun~c{---__m-- ._u____________
--- -+-~-_. .--.-.-----------.------------------.------..-----
73. Florida League of Cities
--i4-'--iFlorlda--Pofice-C-hlefsAssociatlon--.-'.---~-- ----~--
-~--'----'-_.__._._-_.._---_._---~_.._-+------------~_._--~-_..__.~~._._-_._~--_._--
75 Florida Sheriffs Association
.-7~-FloridiansforBetter Transportation _n~. --------------~
~!:?I::d:i~~rTck~~rre~ 9iJ0-1~6=~f~t!1.iJh-------.~~=__======-~_-
. -.Z..81~'::!~Ede~E__9 u ities,J~~.____ __~ ___________________
-.l9 ~_~I1_~r~~<?~i~E3xJl]su.!.anc_~,_I_I'l..~_u________.P_~..________
801 . Hearing Aid Systems
-SY--iHillsborough--Cou-nty Govt.-----
-S2T!Home-Servrce inferlors---- .. .--------~--
-S3T-n:{ou-gh En9inee-rTrlg~inc:--P----.-~- ----.-~----
-S4iTROGSfor Kids --.--------~-~-----p----~-----
--S51~lnfo- speCiaTIsis-: Inc~----~-------- ----
-:;t;I------------~--~-~-.~~-.-n-.-~.--~------.-
86 i Jake's Automotive, Inc.
871~ess-Jeweiers------_... .
-SSi-Kitchner&-Pierro Compan~fnc~~------~-.------
8~T . K~~ik Fi~ncia!ServT~es~Ll~--~-------------
90: i Lake County Community Traffic Safety Team
- ~U T19.b!bouse RenovaJi9~!.~ COI"!.~!ru-ctfon,fnc:__-==__
~J : _,.",~J_Bank___._. ___
93T Maitland Police Dept.
---~._~------_...._--_._------~-----
94! : ManaSara Appraisal Services, LLC
9S-Manatee-Chamber of Commerce----.~--~~
96 '-~ManateeCommunitY ~CoiTege -Traffic-Safety J nstitute
.--9jT-~Manatee communitY-fraffic Satetyfeam------- _
-98:~anatee CountY Governm-erlt-------~~----- ---
p- 99:- Manatee-Memorial Hospital----
lOlYlrv'-anatee-Printe-rs~rnc. . ... -... _ ____
10-:r;--Mar\tIsta Docksiae-RestEiuranf--~-- ~ -
..--c::-t---'--. ...--~------u_.___________u__._.______u
102 i Mariposa Nursery, Inc.
103-T-'-M-eals.on Wheels pius ofManatee--------
- 1 O~~ __~g~iTi~r}'_~~_n~ _g~U~c;lTpl~~__==__=::::_=_==~=~=_-=---===
105 Minuteman Press
6;A
Updated: 2/26/2007:lar
STOP RED LIGHT RUNNING! COALITION
PROCLAMATION SUPPORTERS
106! : Mitchco, LLC
_~.1o?~JN~!)~~3~~~~iX_~Q~.-=--~~=~:=-~=~~._~ -~=--~=_..--_-:=~-_--
f08 . National Campaign to Stop Red Light Running
---- ---i- '~--~-.------_~_~____m.._ -.-----~_._____.____h _ ._ ..... .___._______n
109, ! NorandexlReynolds
---f1-6~hlNorth -Rlv-er-SodyTherapies..-- -- -------_________u____n
-m--10aklan-dPolice [)epartment _n___ ----------- n_
-T12'-)Ocoee-Pofice-Oepartmenr-- __n_ _________m u___ _mn
-....-...t-~----.--.---..--- ____h____.__ __________~___.____ .__h____._h
_~J} LE@':l..9~~~unty_g~.!!l_missio.!:1___________________h
114 i ' Orange County CTST
.- ----- ::-r--,---------~--~_. -~----------._.._~--~_._--- _____
._ 1_1~_ _Q,"-an9~ CQ':I.n.!x Sl"!.e.i~ff_________n___~_________
116! i Orlando Police Department
-1 nT-Parrot -TalkDesign -----------------------------
------r+.- ------------------.~--.--.--- -.-------.--- -.----
..J_!~ _Jl:<!ljnersl"!.iel()~_~~~.Qrl~i~9.____. _h____ ______________h__
__~_~_LJ=>~~~ Sheriffs ()ffi~________________________
120.. ,Pat Cooney's Transmissions
-n~-----i.---- .-- __ __. ______ .__.__________.____.________________.
121. : Peek Traffic Corporation
-122iIPelot'sPharmacY---- ___.__.______n_______~_________
-----....-1----+--------______________________._ __..______
123: [People's Community Bank
-l~~-;-PI.ain_~~.p.~r~h1~~()~.Ef S~.!__C_~~t~~f:IQ!:id~~i~c~~==:_~
-1251 Quality Plus Roofing, Inc.
____~m--~----------------.------.------.-.
126: . Quixote Corporation
-.1271--iRafpF1TrlTorcio- of SRHH----------------------~-
------.-w---___.._______._____.____.___________________._~_______
128' i RElMax Gulfstream Realty
----~--._----.---- - -______ ___n ___~__________..______
_1?LLR~alty_~pp!~s~I~~!Y.i_~es .Ef~~Florida _______ _~__ _
__1}~_tRivi~~~Be43~b-F:loli~.Pepa.!:tment.--------------__ ___.
131: ,Robert Waugh & Company, Inc.
132 I Rosedale .Gojf&CounfrY-tIUb-----~--------------
-133i~-Roto::Rooter-------- ----- ...-------~- __h_~_
-T341-lS.S. Appel-------~-- --
-13~iSafe -feenDriver---------n-------------~--
-~IJ1~:~elc~~U;~~~~~.:~:~each- Cou~ty --==~-==~_-=
___'~+-+_~_----_._~--~----
1381 'Sand Pebble Inn
=_-I~~=~ar<!Bay Rea( Estate - '-
140 i Sarasota Bradenton IntI. Airport
-1411iSarasota County Governmenr-------------~--
._--~--------_._--------...._---_. -----
142. . Sarasota County Sheriffs Office
143. l~araso.!~_f1an~t~e Bicx.cle C~l!~____ n_~_
_1iUSarasota Sel]~r The<!ter,_I!lc.~ __________
_.!.4~~~i~sota Skin & Body __
146: . Sarasota-Manatee MPO
--T.f7T-School Days ----------~---
--148-r-Scoti Sig-n Systems, Inc. ---
-----.---J-:::.--.---------------~-------
149 ISea Breeze Coffee & Tea
15o--t-~fhrum-Steel~inc~----------------
151!1SouthFlorida rv1Llseum -----.------- --------
-~f52T~perry Van.-Ness/Slackpoint Realty ----------
153 i . stacey Heaps--jntEi':iO-':- Design ---- . _u_n ------
154--rstafflng Professionafs-~ --------
155----;sTARfDps~----------------------
-- ---c-+---1-.---------- --~---------~_____~~____~..
156' ,State Community Traffic Safety Team Coalition
--157T'Stoneybrool<--Golf Club --------
15s1--'SunCoast Rean~state--
6A
Updated: 2126/2007:lar
STOP RED LIGHT RUNNING! COALITION
PROCLAMATION SUPPORTERS
159 .Suncoast SAFEKIDS Coalition
.. ~f60T-!"Suncoa-st Workforce Board---'-~---~~-~ ----,.-~.---------- .-------
~ j~IJJ~~ifs,~~ R~~~y---~_=:-~-=_==::::=:==_::==_=__=:_::::__==_-:
162 : ! SYSCO West Coast FL
-------..-~--- ------ ----_____ _______ ____ __ _n____ _______________
163! :Tampa Bay Partnership
--16irf-iTann-er Fire-&SafetYEquipmEmt-------- - --- - ---
:16~=-_T ees::~~T~R~~~_==::::===:=_==_._:_=____~:=--~_:-~
-.1~6 : Th~_~-'-ackpoint Group________________
167TIThe Children's Coalition, Inc.
------r--j--------------- - -~----_________n
-.Jt3~~Ih~U'2!e>.~Eeci~li~~------------- _________
__1f~~j~I~~-KltlJD F~~ndatior1______________ ____ ____~_
170, The London Framer, LLC
--:'J_ ------------_______________________ _______m___________
171 i The Mark Wandall Foundation
------~+-----~._-_._-_._--_._.-._._---_._-_.__. -----------.. --.--..-.----------.--.------.-,.
172 ! , The Partnership for Safe Driving
.--_._- ----i-..---J.----~------______~________~___.__, _____.___~______________
173 · The Starling Group
-1i4~The UPSSlore#557 4-- ----- ---------------------~-
__f7?_!-~Jjns~-'?ii~-6HhC>~~ntici~==--=~====~=--==~.~~
176! I Town of Hastings
---------'--r------------~------------~-------------------------
177 : ,Tropical Deco Scapes
-178 TiDCFPoHce-Department-----u----------------~---
---1-79r-Ugarte&Associate-s.-lnc. ----------------------~
--18Ql___9~li~e:-l\iGJ~~~=_-==--_=_____-------------..--------~-
181 iUrban Way
-1if2!i\!cilvoHne-lnstant OifChange------------------
---01----"---- ---------------------~-------------------
183 'West Coast Stress Management Training
---~-,------------------ ----------------------- ----------
184 ,Westfall & Company, CPA's
- 185--: westwater ConstrucHon----------
---fa€> : : ~~~s-A. Srnith~Q.onstru~Hon. _~r1C~--~------------
187 !Windemere Police Dept.
--=-i-.---------- --------
1881 Winter Garden Police Dept.
-fS9:-Wish On MaTn~-lnc.---------------
--190TiZoller,-Na"ar &-shro er, LC ----~---------------
, 6 k4
Updated: 2/26/2007:lar
6A
e
STOP RED LIGHT RUNNING! COALITION
FREQUENTLY ASKED QUESTIONS
Page 1
Q: Is red light running a serious problem?
A: Each year more than 900 people are killed and nearly 200,000 are injured in crashes that
involve red light running. Half of the deaths are pedestrians and occupants in other vehicles who
are hit by red light runners.
Q: Isn't conventional police enforcement sufficient?
A: Enforcing traffic laws by traditional means poses special difficulties for police, who in most
cases must follow a violator through a red light to stop it. This endangers motorists and
pedestrians as well as officers. Police can't be everywhere at once. Photo enforcement would free
up police to focus on other important community needs.
Q: Are red-light cameras surveillance cameras that are always on?
A: No, Red light cameras are NOT surveillance cameras. Red light cameras are computer-
controlled and designed to only capture images of vehicles running red lights. The cameras don't
record images except when the signal is red. Even when the signal is red, the camera will not
record images unless a vehicle is detected by the sensor and its speed indicates a violation will
occur. The cameras are focused and aimed at the traffic lanes only to show the vehicle, not the
occupants. Red light cameras should not be confused with much smaller vehicle detection
cameras used at intersections to control traffic signal timing instead of using loops in the road,
and CCTV cameras used in tunnels, on bridges and on highways to monitor traffic congestion and
accidents.
Q: By constantly taking pictures, don't red light cameras invade motorists' privacy and
show the driver and passengers without them knowing about it?
A: No, Red light cameras do not invade motorists' privacy. Driving is a regulated activity on public
roads. By obtaining a license, a motorist agrees to abide by certain rules, one of which is to obey
traffic signals. Remember, red light cameras ONLY capture images during a violation. Florida
would only allow photographs of the rear of the vehicle; no pictures are taken of the driver or
passenger compartment, and no pictures are permitted of the front of the vehicle. The photos
don't reveal much beyond the color and make of a vehicle and, of course, its license plate
number.
Q: Aren't red light cameras just "cash cows" for local government?
A: No, Red light cameras are about safety first, and some jurisdictions are losing money or just
breaking even to provide the program. This safety program is designed to save lives. It's paid for
by the motorists who make it necessary to begin with instead of with taxes like police
enforcement. What'-s wrong with a safety program paid for by those who make it necessary? A
ticket for $65 would be sent to the vehicle's registered owner. The jurisdiction issuing the ticket
would receive $5 of the fine, and the rest of that money would go to support hospital trauma
centers.
6A
I>>
Page 2
Q: What triggers a red light camera to take a picture? .
A: Systems from different suppliers use different types of technology but generally t~e following
must happen: 1) An electrical sensor measures current or voltage to the red traffi~ slg~al to tell
the camera system when the light is red. 2) Another sensor determines that a vehicle IS
approaching the intersection at a speed that exceeds a setting for that intersection, usuall~
around lS-20mph, indicating the vehicle won't stop. Speed can be sensed by radar, loops In the
road, video camera, or laser. 3) The vehicle must cross 2 trigger points for the sensor - one
before the intersection stop bar and one in the intersection, both with the light still red.
Q: Does someone review the photographs before motorists are ticketed?
~: Yes. ~rained police officers or other city officials review every picture to verify vehicle.
information and ensure that the vehicle is in violation. Tickets are mailed to owners only In cases
where it's clear the vehicle ran the red light.
Q: Would I have a chance to appeal my case?
A: Yes, a citizen has the right to appeal a citation. The information is normally provided ~n t~e
back of the citation. Red light camera laws indicate what court has jurisdiction over t~e citations
for appeals. Citizens can always take their case to higher level courts under the American system
of justice. At the hearing the adjudicator or judge is presented with the same evidence th.at was
provided to all citation reviewers and any innocence explanation that the citizen has provided.
The adjudicator or judge may choose to uphold the citation or dismiss the case.
Q: What organizations endorse automated traffic enforcement?
A: Many organizations endorse the use of automated traffic enforcement: . Advocates for
Highway and Auto Safety. American Association of State Highway and Transportation.Official~ ·
American Trauma Society. Federal Highway Administration. Florida Insurance Council · F~or~da
Municipal League of Cities. Florida Sheriff's Association. Governors Highway Safety Association ·
Insurance Institute for Highway Safety. International Association of Chiefs of Police · Moth~rs
Against Drunk Driving (MADD) . Municipal Research & Services Center of Washington ~ NatIonal
Association of Mutual Insurance Agencies. National Campaign to Stop Red Light Runnln~ .. .
National Center for Bicycling and Walking. National Conference on Highway & Safety Priorities ·
National Highway Traffic Safety Administration. National Safety Council. Partnership for Safe
Driving · Roadway Safety Foundation. The Red Means Stop Coalition . Transportation
Alternatives · World Health Organization
For more infonnation visit: www.floridastopsonred.org
Local News
~local neWS
Page I of3
! 6A
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ADVERTISEMENT
October 10, 2006
CS!lI1 ..mall_story !:3 print article ~ headlines by ..mall ~ subscribe nowl <;14 storl
Results stunning for traffic cameras
Melbourne violations plummet 89 percent, study claims
BY RICK NEALE
FOR FLORIDA TODAY
1viELBOURNE - If you ran the westbound red
light at Hibiscus and Airport boulevards earlier
this year, you unwittingly bolstered a
campaign to legalize traffic-camera ticketing
across Florida.
Peek Traffic installed the camera late last fall
free of charge, then began filming -- and
counting -- drivers who disobeyed red lights.
There are signs at the intersection reading,
"Red Light Photo Test Site."
Behind the scenes, the Palmetto corporation
began compiling a database of statistics from
traffic devices in Melbourne, Orlando, Sarasota
County and Manatee County.
The result? A 50-page "pilot study" touting the
cameras' effectiveness, packed with colorful
graphs and charts, was issued in late July.
Copies of the study will be distributed to
members of Florida's House and Senate this
fall for the upcoming legislative session,
spokeswoman Lori Mellman said.
The company's goal is to change the law to
legalize unmanned-camera traffic ticketing
across Florida. The practice is illegal today,
and recent attempts to bring in cameras fizzled
in Tallahassee.
STORYCHAT Q)
9 East
~~
I would love to see a camera survey (
the Intersection of SR520 and Courter
When you're sitting on SR520 Westbo
waited as long as 10 seconds after m~
for the left tum lanes onto northboun,
to stop. There have been so many aCl
that Intersection, many of them hit ar
think these cameras have a place In t
setting.
Posted: Tue Oct 10, 2006 8:20 am
Ditto that, something needs to be dor
intersection. Some days It Is Just a fre
Many motorists simply don't respect c
or the law and their "me-first" sense (
entitlement Is going to get someone k
because they don't want to walt throu
more light cycle to cross safely.
There Is a problem with the left turn I
merge onto 520 West as well...they a
have their turn regardless of what col
Is and I have had a couple of close ca
cross from North Courtenay onto Soul
when some hurried Impatient person,
try run that left on my green light.
I would love to see more red-light enl
whether by patrol or cameras. If It sa'
one precious life, then It Is worth It.
Posted: Tue Oct 10, 20068:33 am
-.--------
9' e~;t$t3LC.Qmn:te.nt ~ VJewj,_
http://www.t1oridatoni'lvr.nm/~Tln<dnhM rtll/n...h^l^,> ^ TT"'\_''''l'Irv,^, ^ "T"'u._ _ _ ,_, _
Local News
Dramatic decrease
Page 2 of3
6A
Peek Traffic's cameras recorded violations
from mid-December through June 1 at the
Hibiscus and Airport intersection in Melbourne"
and the other locations in the state. City police ;
mailed warning letters to drivers who ran the Enlal'ge this Image
. a1 b~~
SIgn .
Watching you. [
the Intersection 0-
Airport boulevard:
which has been w
cameras since fall
R. Brown, FLORI!:
Results were dramatic. The company reported
red-light violations at the Melbourne
intersection plummeted 89 percent, from 21
per day to 2.4 per day.
Similarly, violations dropped 74 percent in
Orlando, 96 percent in Manatee County, and
86 percent and 81 percent at the locations of
two cameras in Sarasota County.
Florida cities and counties cannot ticket drivers
for camera-based traffic violations. In a July
2005 opinion, Attorney General Charlie Crist,
the Republican candidate for governor, ruled
that a law enforcement officer must personally
observe an infraction before a citation can be
issued.
WEB EXTRAS
~ Prototype Red Light Violation Warnil
PDF
~ Automated Red LiGht Enforcement P
Adobe PDF
All about the money? ~=" !
;:::=-1
Brevard County Clerk of Courts Scott Ellis ~
lik th" bt li "to"h --
ens e ro 0 po ceman pro gram seer Enlaroe this Imaae
thievery." He denounced the camera and Peek
Traffic's lobbying effort.
"The purpose of setting up those cameras is to take money from the public. Here tl
lobbying the legislature for the ability to make money off of it," Ellis said. "It's rea
issue. To me, the whole thing's a crock. It's clearly there for the revenue."
A handful of Florida cities are using cameras to levy civil fines against red-light ru
other words, they charge cash penalties instead of penalizing driver's license point!
communities include Gulf Breeze, a city of about 6,500 people near Pensacola, an(
Pines, a Broward County city of 150,000-plus residents.
Gulf Breeze charges violators $100. Last October, Pembroke Pines officials declar
running a city crime. After a six-month grace period expired, drivers were charged
an umnanned camera captured the act.
Randy Bly, spokesman for Florida AAA Auto Club South, said red-light cameras'
valuable if they prevent high-speed T-bone crashes.
httD://www.floridat()dav.com/~T..IT..I~/T..Ihr.~r111/~rtir.1p.?ATf)=/.J()().;1()1{)n..T]:;..lT~f.l1/{:. 1 f'l1 f'lf'I'U':l
1 nIl n/'"lnn/:.
Local News
Page 3 of3
6A
But he said cameras should not ticket motorists for frivolous -- or flawed -- reason:
"How they differentiate between someone making a right turn on red, or someone.
1 ,ODD-percent stop at the light, I don't know, It Bly said.
It could work
Melbourne Police Chief Don Carey said he is not interested in pursuing fines. Ratl
would like to use laser-equipped cameras to catch speeders in school zones.
Sgt. Sean Riordan leads Melbourne's traffic enforcement unit. He said he was satis
Hibiscus-Airport camera's performance, and he will continue mailing warning lett(
further notice.
"If the legislators say, 'We want to use this as a legalized form of enforcement,' I tl
fine because of the quality of the photos," he said.
However, Riordan mentioned a sticking point: Camera-based citations are sent to t
the vehicle -- not necessarily the driver who was behind the wheel.
The Palm Bay City Council rejected a free-camera overture in January from Nesta
Systems, a Rhode Island manufacturer. The vote was 3-2.
Melbourne's camera is the sole survivor from the pilot study still in operation, Mel
The Orlando camera was damaged in a traffic accident, and the Manatee and Saras
were taken down.
Contact Neale at 242-3638 or rneale@jlatodav.net.
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floridatoda),com
http://www.floridatoday.com/apps/pbcs.dll/article?AID=/20061 0 1 01NEWS01/61 01 00343
10/10/2006
Perspectives
G ~..,,,.,..:-:.~. '~w.:~'~'" - ''''-''-~fi~-"..,.",:~,.~"rr''''':'''lF~''''''''''''~'70~J
. " ~ ~:""':';'.' 11;:' . ,,,,,:p~. .. ....3~ i " . . ' , . , d" -.'k.,iiili.'o.i''''''' ,\'""~.Ji>,,,.;t, ,':"""'W"")r:""';;:,,,.J;i':"~"
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TRAFFIC SPOTLIGHT: RED-UGHT RUNNING
One widow's crusade
'Mark Wandall Safety Act'
would let automated cameras
nab red -light runners
HtV.l:)-TRIBl>>U' Al:CH/VE 17005
Cameras are used to catch
red. light runners in other
states, I.,cluding some
countief in Virginia.
FLORIDA. CRASHES
Data from Florida crashes In 2005.
Contributing
cause.
Disre~arded
traffic signal
Failed to yield
right of way
Disregarded
stop sign
DisregardeeJ
other traffic
control 11
Note: There may be multiple
contributing factors
Fatal Ifllury
crashes crIMes
96
471 2B,633
39
MORE INFO
For more information on the
STOP' Red Light Running Coal~ion,
visit these Web s~es:
Illll'idastopsonred.DI1
tilemlrkwandallfoundltloll.com
INSIDE
Legislators should pass the Mark
Wandall Safety Act this year.
The bill wouid allow county and
municipal govemments to install
automated cameras at red lights
to catch violators.
Editorial, Page 2F
6,300
By MElISSA WANDALl
HERALD-TRIBUNE GUEST COLUMNIST
Whenever I hear a siren, even
in the dead of night, I
flinch. My heart stops. I
am there again: chaos, dis-
belief, fear, tragedy and
heartache.
The haunting memory has come back,
that instant electric shock that iife is no
longer or will ever be the same again. My lit-
tle beautiful family, just beginning, no long-
er qn the same path. A tear, once again.
rolls quietly down my cheek
He i$ gone.
Where did my "Rock" go?
A beautiful life, taken by one senseless
act. Who broke apart my family, who took
my little girl's daddy just 2 Y, weeks before
they were to meet one another? Who took
that love that my daughter deserves but
physically will never know? Who took a
son, brother, husband, daddy and friend?
Who took my husband and broke my
heart?
A red-light runner - that's who.
Oct 24, 2003. Life was fuli of love, hope
and laughter. Just five days prior, my hus-
band Mark and I eelebraled our one-year
wedding anniversary and, in less than
three weeks, we would know the gender of
our unborn child. The anticipation of meet-
ing Madison Grace or Carson Cartland
filled our days. Life was good. .
It was a Friday night. My brothet decid-
ed to go out far a quick bite to eat wifh my
husband. My husband and I said our good-
byes. Our usual rituals of "Love you, lave
you too, miss you, wili miss you too, but I
will see you soan" took an a whale new
meaning.
On their way home, my brother the driv-
er and my husband the passenger were
laughing and talking about plans of buying
a boat together, In one second that simple,
exciting adventure turned to tragedy,
Just IY. miles away from our home, my
brother stopped at a red light. "''hen the ar-
rows turned green, my brother proceeded
into the intersection, and out of nowhere a
vehicle came plowing through the intersec-
tion at 48 to 51 mph and struck my brother's
vehicle, killing my husband immediately
and seriously injuring my brother.
As I said, life would never be the same
again. The light had been red for half a mile
when a woman with a child in the back seat
of her vehicle blatantly ran that light. No
skid marKs were to be found; she did not
even apply her brakes.
1.494
490
PLEASE SEE WANOAll ON 5F
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ABM:
Melissa Wandall
was pregnant
w~h her
daughter,
Madison, when
her husband
Mark was killed
in a 2003 crash.
LEn:
Mark Wanda!1
wouid have
turned 34 years
old today.
Legislators
intend to
reintroduce the
Mark Wandall
Traffic Safety
Act to cut down
on red light
running.
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Proposal for
"Refrigerant Locking Cap"
and
"Mandatory Freon Lock Up"
Ordinances
Prepared by:
Mona Casey
513 Leawood Circle
Naples, FL 34104
254-247-2894
monalisa4 u@hotmail.com
;6[ '~.~
Presentation of Petition to
Board of Commissions
o t' ...." '
Information on Inhalants
6[
What are Inhalants?
Inhalants are volatile substances that produce chemical vapors that can be inhaled to induce
psychoactive, or mind-altering, effects. Although other abused substances can be inhaled, the
term "inhalants" is used to describe a variety of substances whose main common
characteristic is that they are rarely, if ever, taken by any route other than inhalation. Many
young people breathe the vapors from these products hoping for a quick high, unaware of the
serious health consequences of their actions.
Common household inhalant products:
. nail polish remover
. spray paint and glue
. lighter fluid
. hair and deodorant sprays
. cleaning fluid
. whipped cream canisters
Common medical/industrial inhalant products:
. gasoline
. dry cleaning fluid
. nitrous oxide (laughing gas)
. paint thinner
. paint remover
Types of Inhalants
Volatile Solvents
Volatile solvents are liquids that vaporize at room temperature. They are found in:
· paint thinners and removers, dry cleaning fluids, degreasers, and gasoline
· glues, correction fluids, felt-tip marker fluids, and electronic contact cleaners
Gases
. Gases include household or commercial products such as:
· butane (from lighters), propane (gas grills), and cooling system fluids
· medical anesthetic gases, such as ether, chloroform, halothane, and nitrous oxide
Aerosols
Aerosols are sprays that contain propellants and solvents. Some common aerosols include:
· spray paint, hair and deodorant sprays, whipped cream dispensers, fabric protector
sprays, and vegetable oil cooking sprays
Nitrites
6(
Nitrites are a special class of inhalants. While other inhalants are used to alter mood, organic
nitrites are used primarily as sexual enhancers. Organic nitrites include amyl, butyl, and
cyclohexyl nitrites and other related compounds, and are commonly known as "poppers." Amyl
nitrite was used in the past to alleviate chest pain and is sometimes used today for diagnostic
purposes in heart examinations. Most poppers contain isobutyl nitrite or butyl nitrite. These
nitrites are often sold in small brown bottles and labeled as "video head cleaner," "room
odorizer," "leather cleaner," or "liquid aroma."
How Are Inhalants Abused?
Inhalants can be breathed in through the nose or the mouth in a variety of ways, such as:
. Sniffing or "snorting" fumes from containers
. Spraying aerosols directly into the nose or mouth
. "Bagging," which involves sniffing or inhaling fumes from substances sprayed or
deposited inside a plastic or paper bag
. "Huffing" from an inhalant-soaked rag stuffed in the mouth
. Inhaling from balloons filled with nitrous oxide
Because intoxication lasts only a few minutes, abusers frequently try to prolong the high by
continuing to inhale repeatedly over the course of several hours, a very dangerous practice.
What Are the Health Hazards Associated With Inhalants?
Animal and human research show that most inhalants are extremely toxic:
. Chronic exposure can lead to widespread and long-lasting damage to the brain and
other parts of the nervous system. Nerve damage can be similar to that seen in
individuals with neurological diseases such as multiple sclerosis.
. Chronic exposure can produce significant damage to the heart, lungs, liver, and
kidneys.
. Prolonged abuse can negatively affect a person's cognition, movement, vision, and
hearing.
. Highly concentrated amounts of certain inhalants can lead to sudden sniffing death
- heart failure and death can occur within minutes of repeated inhalations. Sudden
sniffing death is particularly associated with the abuse of butane, propane, and
chemicals in aerosols, and can result from a single session of inhalant abuse by an
otherwise healthy person.
. High concentrations of inhalants can cause death by:
. Asphyxiation - vapors displace oxygen in the lungs
. Suffocation - oxygen is blocked from entering the lungs when inhaling fumes
from a plastic bag placed over the head
. Convulsions or seizures - caused by abnormal electrical discharges in the brain
. Coma - the brain shuts down all but the most vital functions
. Choking - from inhaling vomit prompted by inhalant use
. Fatal injury - from accidents, such as motor vehicle crashes, that occur while
intoxicated
What Are the Effects of Inhalant Use?
Most inhalants act directly on the central nervous system (CNS) to produce psychoactive, or
mind-altering, effects. They have short-term effects similar to anesthetics, which slow the
body's functions.
· Nearly all abused inhalants, other than nitrites, produce a pleasurable effect by
depressing the CNS.
· Nitrites make the heart beat faster and produce a sensation of heat and excitement.
· Inhaled chemicals are rapidly absorbed through the lungs into the bloodstream and
are quickly distributed to the brain and other organs.
· Within minutes of inhaling, the user experiences intoxication along with other
effects similar to those produced by alcohol. Alcohol-like effects include slurred
speech, muscle weakness, belligerence, apathy, impaired judgment, euphoria, and
dizziness. In addition, users may experience Iightheadedness, hallucinations, and
delusions.
· Toluene can produce headache, euphoria, giddy feelings, and an inability to
coordinate movements. Exposure to high doses can cause confusion and delirium.
Nausea and vomiting are other common side effects.
· Successive inhalations may make users feel less inhibited and less in control.
Continued use of inhalants in sufficient amounts can produce anesthesia, a loss of
sensation, and unconsciousness. After using inhalants heavily, abusers may feel
drowsy for several hours and experience a lingering headache.
· Many individuals who abuse inhalants for prolonged periods over many days report
a strong need to continue using them. Compulsive use and a mild withdrawal
syndrome can occur with long-term inhalant abuse. Long-term inhalant abusers
may exhibit other symptoms, including weight loss, muscle weakness,
disorientation, inattentiveness, lack of coordination, irritability, and depression.
Hazards of Chemicals Found in Commonly Abused Inhalants
amyl nitrite, butyl nitrite
("poppers, " "video head cleaner")
sudden sniffing death syndrome, suppressed immunologic function, injury to red blood cells
(interfering with oxygen supply to vital tissues) benzene (found in gasoline) bone marrow
injury, impaired immunologic function, increased risk of leukemia, reproductive system toxicity
butane, propane
(found in lighter fluid, hair and paint sprays)
sudden sniffing death syndrome via cardiac effects, serious burn injuries (because of
flammability)
freon
(used as a refrigerant and aerosol propellant)
sudden sniffing death syndrome, respiratory obstruction and death (from sudden cooling/cold
injury to airways), liver damage
methylene chloride
(found in paint thinners and removers, degreasers)
reduction of oxygen-carrying capacity of blood, changes to the heart muscle and heartbeat
nitrous oxide ("laughing gas"), hexane
death from lack of oxygen to the brain, altered perception and motor coordination, loss of
I
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sensation, limb spasms, blackouts caused by blood pressure changes, depression of heart
muscle functioning
toluene
(found in gasoline, paint thinners and removers, correction fluid)
brain damage (loss of brain tissue mass, impaired cognition, gait disturbance, loss of
coordination, loss of equilibrium, limb spasms, hearing and vision loss), liver and kidney
damage
trichlorethylene
(found in spot removers, degreasers)
sudden sniffing death syndrome, cirrhosis of the liver, reproductive complications, hearing and
vision damage.
Who Abuses Inhalants?
. People who abuse inhalants live in both urban and rural settings. Poverty, a history
of physical or sexual abuse, poor grades, and school dropout all are associated with
inhalant abuse.
. Most inhalant abusers are younger than age 25. One national survey indicates that
about 3 percent of U.S. children have tried inhalants by the time they reach fourth
grade.
. Eighth-graders generally abuse at higher rates than 10th- or 12th-graders.
. In 2004, 8th-grade girls reported more inhalant abuse than boys, while 12th-grade
boys reported more than girls.
How Can Inhalant Abuse Be Recognized?
Early identification and intervention are the best ways to stop inhalant abuse before it causes
serious health consequences. Parents, educators, family physicians, and other health care
practitioners should be alert to the following signs of a serious inhalant abuse problem:
. Chemical odors on breath or clothing
. Paint or other stains on face, hands, or clothes
. Hidden empty spray paint or solvent containers and chemical-soaked rags or
clothing
. Drunk or disoriented appearance
. Slurred speech
. Nausea or loss of appetite
. Inattentiveness, lack of coordination, irritability, and depression
6[
From a Medical Perspective
6[
DAMAGE INHALANTS CAN DO TO THE BODY & BRAIN
A. BRAIN The chemicals abused by inhalant users affect different parts of the brain,
producing a variety of sensory and psychological disorders. Many inhalants are thought
to dissolve the protective myelin sheath that surrounds neurons - brain cells - resulting in
cell death (see brain diagram).
B. CEREBRAL CORTEX Cellular death here causes permanent personality changes,
memory impairment, hallucinations and learning disabilities.
C. CEREBELLUM This is the center that controls balance and coordination. Inhalant-related
damage results in loss of coordination and slurred speech. Chronic abusers experience
tremors and uncontrollable shaking.
D. OPHTHALMIC NERVE Toluene may affect this nerve causing sight disorders.
A. BLOOD Some substances like nitrites and methylene chloride (paint thinner) chemically
block the oxygen carrying capacity of the blood.
B. LUNGS Repeated use of spray paint as an inhalant can cause lung damage.
C. HEART Abuse of inhalants can result in "sudden sniffing death syndrome." This is
due to a sudden and unexpected disturbance of the heart's rhythm. All inhalants can
produce sudden sniffing death syndrome.
D. LIVER Halogenated compounds like trichloroethylene (a component of aerosol paints
and correction fluid) have been linked to damage of this organ.
E. KIDNEY Inhalants containing toluene impair the kidney's ability to control the amount of
acid in the blood. This is reversible when toluene leaves the body but, in the long-term,
kidney stones may develop.
6[
B.
8.
c.
D.
E.
A. MUSCLE Chronic inhalant abuse can lead to muscle wasting, reduced muscle tone and
strength.
B. BONE MARROW Benzene, a component of gasoline, has been shown to cause
leukemia.
6E
~ .
B.
6 E~'"
B.
A.
ADDITIONAL DAMAGE CAUSED BY INHALANTS
PERIPHERAL NERVOUS SYSTEM Chronic inhalation of nitrous oxide (whipped cream
propellant) and hexane (found in some glues and camp stove fuels) results in damage to the
peripheral nerves. Symptoms can include numbness, a tingling sensation or total paralysis.
ACOUSTIC NERVE AND MUSCLE Toluene inhalation destroys cells that relay sound to the
brain. Chronic abusers can become deaf.
6E
Press Releases
~.
PRE S S R E LEA S E
Contact: MWW Group - 201.507.9500
Bill Murray: wmurray@mww.com
Toral Patel: tpatel@mww.com
Cara Jaffe: cjaffe@mww.com
~
Alliance for
Consumer Education"
A ioondation dedi<ated to advancing
community health and well-beIng
FOR IMMEDIATE RELEASE
STATEWIDE PROGRAM TO HELP STOP INHALANT ABUSE
THROUGH NEW JERSEY SCHOOLS
The Alliance for Consumer Education to Launch Statewide
Inhalant Abuse Prevention Program
Trenton, NJ (November 15, 2006) - The Alliance for Consumer Education (ACE), in
partnership with the New Jersey School Counselor Association and a number of New Jersey
organizations, launched the NJ Inhalant Abuse Prevention Program today at a statehouse press
conference.
The ACE Inhalant Abuse Prevention Program will provide education officials with specially
developed kits containing guidelines and handouts for use in education sessions with parents of
school aged children. The program, which emphasizes parental awareness and school
involvement, will serve as a tool to educate parents and school officials about the dangers of
inhalants and help them to identify warning signs indicative of inhalant use.
"We are seeing a significant rise in children huffing and sniffing and New Jersey's children aren't
immune to this," said Joe Healy, President, Alliance for Consumer Education Board. "We have
launched statewide programs in seven other states to date and decided it was time to continue our
work in the North East by initiating a program in New Jersey."
According to 2002-2004 data from the National Household Survey on Drug Abuse, 11.1 percent
of New Jersey citizens reported using illicit drugs in the past year. Within this, 9.3 percent
reported lifetime abuse of inhalants.
According to recent data from the US government-funded "Monitoring the Future" survey, one
in every five students reports having abused inhalants by eighth grade. Other data from the
Partnership for a Drug-Free America shows that fewer children today realize that the same
serious health risks associated with drugs and alcohol also apply to inhalants, which experts
suggest means an increase in inhalant abuse.
"Corporate responsibility goes beyond donating dollars to find a cure for any given ailment,
oftentimes it requires a long-term commitment to education and prevention," said Bill Mordan,
Vice President for Reckitt Benckiser. "The products we make cause no harm when used
properly, but we have seen young people misuse and abuse them."
More than 1,400 inexpensive and readily-available products, including correction fluid, nail
polish remover, computer dust removal sprays, hair spray, pressurized dessert toppings, air
- more -
6E
freshener, felt tipped markets, spray paint, glue, butane lighters, gasoline and cooking spray, are
huffed or sniffed by children to achieve short-term "highs." For less than two dollars and a rag
or paper bag, a child can get a high similar to that produced by alcohol.
"I'm a cop... my wife's a nurse. We knew what signs to look for when it came to our children
using drugs and alcohol, but we had no idea about inhalant abuse," said Jeff Williams, an East
Cleveland Police Officer and father of Kyle Williams, an inhalant abuse victim. "No parent
should have to find out about inhalants like we did. Nothing I can do can bring my son back, but
what I can do is help other families avoid suffering the same pain that we endured. Education is
the key to help battle inhalant abuse and it's important that families educate themselves about
inhalants and get to know the warning signs - if you don't recognize the signs, you can't save
your kids," concluded Officer Williams.
"ACE has created a national model for how we tackle this next phase in this war on drugs. This
is a local war that can only be defeated by educating the very people who are in direct contact
with our young children and a critical component to this is all of our school personnel," said
Mark McGrath, President, New Jersey School Counselor Association.
###
The Alliancefor Consumer Education (ACE) is a Washington, D.C. based nonprojitfoundation dedicated to advancing
community health and well-being where ever household and commercial products are used. Inhalant Abuse Prevention Programs
have been successful in Alabama, Alaska, Ohio, Pennsylvania, Texas and Virginia to date.
2
.. ;;~~._,t- _,
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SERVING OUR COMMUNITY FOR MORE THAN A CENTURY
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, December 18. 2006
Inhalant abuse on, the rise
BY DOREEN WEUH
Correction tluid, nail polish
remover, compuj;er dust
sprays, hah' sprays, contact
adhesive, gasoline, and cooking
sprays. The entire list actually has
. 1,400 items on it. You may be won-
! dering what all ofthese items have
In common. They all are common
household, office and business
produet8 that allow us to enjoy a
better qUallty'oflife when used as
they are intended to be used. Un-
fortunately, in recent years, they
also have become common inhal-
ants, poisons when abused to get a
quick ''bigh.''
According to the Substance
Abuse and Mental Healtl). SerVices
AdministratiOn, there is a rise ill in-
halant abuse by youth ages 12
through 17, and interestingly
enough, a majority of the youth live
lzi middl~-cla$s homes.
Several weeks ago, the New Jer.
sey SchoOl Counselor Associat.i.on
joined the Alliance for consumer
.Education (ACE) in launching a
New Jersey initiative to combat the
rise ofinha1ant abuse among the
school-age populatiOll Inhalant
abuse is an oflien-overlooked form
of substance abuSe, but is no less
dangerous tbanabusing drugs or
alcohoL In fact, inhalant abuse is
only second to marijuana abuSe
and yet a majority of us lack suffi.
cient knowledge to tackie the issue.
Even I, as a school coumelor,
was shocked to learn that 22 per-
cent of chfidrenin the U.S. will
abuse inhalants by the time they
reach the eighth gTad,e. 'll1is one
statistic, among others; Should be
enough for our school officials and
sta1fto include inbalant abuse edu-
cation in the elass1;oom just as they
do drug and alcohol abuse educa.
tion programs.
Additionally, nine out of 10 par-
ents are unaware of the issue or ill
denlall:hat their child may abuse
an inhalant. ACE's program makes
it easy for parents to educate
themselves on Inhalant abuse and
learn how to detect the warning .
signs in their children. Parents can,
as I have, simply download Ii tool
kit at (www.inbalant.org).
There is no quick fix to solving
this growing problem. However,
once we accept that inhalant abuse
is occurring among our young kids, ,
only then can parents and school . '
officials work as a team to turn the.
tide on the recent r1s~ in statistics.
Studies show that children whose .
parents discuss the dangers of in-
hal!mt abuse with them are ~ss in-'
clined to ever abuse an Inhalant. '
Doreen Welsh is a counselor at
Lawrence Hi{}h School and president
of the Mercer County Professicmal
Counselor Association.
One Meadowlands Plaza i East Rutherford, NJ 07073 tel 201.507.9500 fax 201.507.0092 ! www.mww.com
Chicago Los Angeles New Jersey New York Seattle ,Washington. D.C.
Straight Talk. Real Answers. Tangible Results.
\
I
6E
Research and Statistics
NATIONAL
INSTITUTE
o N
o RUG
ABUSE
SERIES
of different products that may
have different pharmacological
effects. As a result, precise
categorization of inhalants is
difficult. One classification sys-
tem lists four general categories
of inhalants-volatile solvents,
aerosols, gases, and nitrites-
based on the form in which they
are often found in household,
industrial, and medical products.
Volatile solvents are liquids
that vaporize at room tempera-
tures. They are found in a
multitude of inexpensive, easily
available products used for
common
household
and industrial
purposes.
These include
paint thinners
and removers,
dIy-cleaning
fluids,
degreasers,
gasoline,
glues, correc-
tion fluids,
and felt-tip
marker fluids.
INHA
What are
inhalants?
Inhalants are volatile sub-
stances that produce chemical
vapors that can be inhaled
to induce a psychoactive, or
mind-altering, effect. Although
other abused substances can be
inhaled, the term "inhalants" is
used to describe a variety of
substances whose main common
characteristic is that they are
rarely, if ever, taken by any route
other than inhalation. This defini-
tion encompasses a broad range
of chemicals found in hundreds
U,S. Department of Health and Human Services. National Institutes of Health
~~
q.. HE"d'
7 NIDA RESEARCH REPORT SERIES
6E
.............................................................................
Aerosols are sprays that
contain propellants and solvents.
They include spray paints,
deodorant and hair sprays,
vegetable oil sprays for cooking,
and fabric protector sprays.
Gases include medical anes-
thetics as well as gases used in
household or commercial prod-
ucts. Medical anesthetic gases
include ether, chloroform,
halothane, and nitrous oxide,
commonly called "laughing gas."
Nitrous oxide is the most abused
of these gases and can be found
in whipped cream dispensers
and products that boost octane
levels in racing cars. Household
or commercial products contain-
ing gases include butane lighters,
propane tanks, whipped cream
dispensers, and refrigerants.
Nitrites often are considered a
special class of inhalants. Unlike
most other inhalants, which act
directly on the central nervous
system (CNS), nitrites act primarily
to dilate blood vessels and relax
the muscles. While other inhalants
are used to alter mood, nitrites
are used primarily as sexual
enhancers. Nitrites include cyclo-
hexyl nitrite, isoamyl (amyl)
nitrite, and isobutyl (butyl) nitrite,
and are commonly known as
"poppers" or "snappers." Amyl
nitrite is used in certain diagnostic
procedures and was prescribed
in the past to treat some patients
for heart pain. Nitrites are now
prohibited by the Consumer
Product Safety Commission, but
can still be found, sold in small
bottles, often labeled as ;'video
head cleaner," "room odorizer,"
"leather cleaner," or "liquid
arotna."
What are the
patterns of
Inhalant abuse?
Inhalants-particularly
volatile solvents, gases, and
aerosols-are often among
the first drugs that young children
use. One national survey indicates
that about 3.0 percent of U.S.
children have tried inhalants
by the time they reach fourth
grade. Inhalant abuse can
become chronic and extend
into adulthood.
Generally, inhalant abusers
will abuse any available sub-
stance. However, effects pro-
duced by individual inhalants
vary, and some individuals will
go out of their way to obtain
their favorite inhalant. For
example, in cettain patts of the
country, "Texas shoe-shine," a
shoe-shining spray containing
the chemical toluene, is a local
favorite. Silver and gold spray
paints, which contain more
toluene than other spray colors,
also are popular inhalants.
Data from national and State
surveys suggest inhalant abuse
reaches its peak at some point
during the seventh through ninth
grades. In the Monitoring the
Future (MTF) study, an annual
NIDA-supported survey of the
Nation's secondary school stu-
dents, 8th-graders also regularly
report the highest rate of ClIrrent,
past year, and lifetime inhalant
abuse; lOth- and 12th-graders
report less abuse.
Gender differences in inhalant
abuse have been identified at
different points in childhood. The
2004 MTF indicates that 10.5 per-
cent of 8th grade females reported
6E
1 ~ 1i
.-...........................................................................
NIDA RESEARCH REPORT SERIES
using inhalants in the past year,
compared with 8.8 percent of
8th grade males. Among 12th-
graders, 3.4 percent of females
and 4.8 percent of males reported
using inhalants in the past year.
The National Survey on Dmg
Use and Health (NSDUH),
an annual survey of dmg use
among the Nation's noninstitu-
tionalized civilians, reports that
similar percentages of 12- to 17-
year-old boys and girls abused
inhalants in 2003. However, the
percentage of 18- to 25-year-old
males who abused inhalants
within the past month was more
than twice that of females in
that age group, suggesting that
sustained abuse of inhalants is
more common among males.
People who abuse inhalants
are found in both urban and
rural settings. Research on factors
contributing to inhalant abuse
suggests that adverse socioeco-
nomic conditions, a history of
childhood abuse, poor grades,
and dropping out of school all
are associated with inhalant
abuse.
What is the
scope of
inhalant abuse?
Inhalant abuse was up
signi~icantly for the second
year m a row among
8th-graders, according to the
latest MTF data, while use
among 10th- and 12th-graders
continued to decline.
. The rate of high school
seniors who abused
inhalants in the past year
was 4.2 percent in 2004,
down from the peak of
8.0 percent in 1995.
. Annual abuse of inhalants
among 10th-graders was
5.9 percent in 2004, also
down from a high in 1995
(9.6 percent).
. Among 8th-graders, 2004
abuse figures, at 9.6 percent,
were down overall from the
1995 peak of 12.8 percent,
but were up from the 2002
rate of 7.7 percent
According to the 2003 NSDUH,
lifetime, past year, and past
month inhalant use among
persons aged 12 to 17 were
10.7 percent, 4.5 percent, and
1.3 percent, respectively. The
number of new inhalant users
increased from 627,000 new
users in 1994 to 1 million in
2002. Inhalant initiates \vere
predominantly under age 18
(78 percent in 2002).
4 NIDA RESEARCH REPORT SERIES
6 J~
i'~
I
.............................................................................
MTF's lifetime prevalence
figures indicate that the percent-
ages of students who have tried
inhalants continue to decrease
steadily for 10th- and 12th-
graders. In 2004, 12.4 percent
of 10th-graders and 11.9 percent
of 12th-graders said they have
abused inhalant<; at least once
in their lives. Although lifetime
prevalence peaked for Sth-
graders in 1995 (21.6 percent),
rates of inhalant use among
this group are still high. In fact,
8th-graders reported a significant
increase in lifetime use from
15.8 percent in 2003 to 17.3 per-
cent in 2004. For 10th-graders,
the peak was 19.3 percent in
1996. For seniors, rates were
highest in 1994 at 17.7 percent.
These data raise a question:
How can fewer 12th-graders than
Sth-graders consistently report
they have ever abused inhalants?
Possibly, many 12th-graders fail
to recall their much earlier use
of inhalants or, more troubling,
many 8th-grade inhalant abusers
may have dropped out of school
by the 12th grade and are no
longer included in the survey
population.
How are
inhalants used?
Inhalants can be breathed
in through the nose or the
mouth in a variety of ways,
such as:
. "Sniffing" or "snorting"
fumes from containers;
. Spraying aerosols directly
into the nose or mouth;
. "Bagging"-sniffing or inhal-
ing fumes from substances
sprayed or deposited inside
a plastic or paper bag;
. "Huffing" from an inhalant-
soaked rag stuffed in the
mouth; and
. Inhaling from balloons filled
with nitrous oxide.
Inhaled chemicals are rapidly
absorbed through the lungs into
the bloodstream and quickly
distributed to the brain and
other organs. Within seconds of
inhalation, the user experiences
intoxication along with other
effects similar to those produced
by alcohol. Alcohol-like effects
may include slurred speech, an
inability to coordinate move-
ments, euphoria, and dizziness.
In addition, users may experience
lightheadedness, hallucinations,
and delusions.
Because intoxication lasts
only a few minutes, abusers
frequently seek to prolong the
high by continuing to inhale
repeatedly over the course of
several hours, a very dangerous
practice. With successive
inhalations, ahusers can suffer
loss of consciousness and death.
At the least, they will feel less
inhibited and less in control.
After heavy use of inhalants,
abusers may feel drowsy for
several hours and experience a
lingering headache.
t
. 6E
C
NIDA RESEARCH REPORT SERIES :J
,............................................................................
How do inhalants
produce their
effects?
Many brain systems may
be involved in the anes-
thetic, intoxicating, and
reinforcing effects of different
inhalants. Nearly all abused
inhalants (other than nitrites)
produce a pleasurable effect by
depressing the eNS. Evidence
from animal studies suggests that
a number of commonly abused
volatile solvents and anesthetic
gases have neurobehavioral
effects and mechanisms of action
similar to those produced by
CNS depressants, which include
alcohol and medications such as
sedatives and anesthetics.
A recent study indicates
that toluene, a solvent
found in many commonly
abused inhalants, including
model airplane glue, paint
sprays, and paint and nail
polish removers, activates
the brain's dopamine sys-
tem. The dopamine system
has been shown to play
a role in the rewarding
effects of many drugs of
abuse. Nitrites, in contrast,
dilate and relax blood
vessels rather than acting
as anesthetic agents.
What are
the short-
and long-term
effects of
inhalant use?
Although the chemi-
cal s~bstances found
in inhalants may
produce various pharma-
cological effects, most
inhalants produce a rapid
high that resembles alcohol
intoxication with initial
excitation, then drowsiness,
disinhibition, lightheaded-
ness, and agitation. If
sufficient amounts are inhaled,
nearly all solvents and gases
produce anesthesia, a loss of sen-
sation, and even unconsciousness.
The chemicals found in sol-
vents, aerosol sprays, and gases
can produce a variety of addi-
tional effects during or shortly
after use. These effects are
related to inhalant intoxication
and may include belligerence,
apathy, impaired judgment, and
impaired functioning in work
or social situations. Dizziness,
drowsiness, slurred speech,
lethargy, depressed reflexes,
general muscle weakness, and
stupor are other possible effects.
For example, research shows
that toluene can produce
headache, euphoria, giddy feel-
ings, and inability to coordinate
movements. Exposure to high
doses can cause confusion and
delirium. Nausea and vomiting
are other common side effects.
Inhaled nitrites dilate blood
vessels, increase heart rate, and
produce a sensation of heat
and excitement that can last for
several minutes. Other effects
can include flush, dizziness, and
headache. Unlike other inhalants,
which are abused mainly for
their intoxicating effects, nitrites
are abused primarily because
they are believed to enhance
sexual pleasure and performance.
A strong need to continue
using inhalants has been report-
ed among many individuals,
particularly those who abuse
inhalants for prolonged periods
over many days. Compulsive
use and a mild withdrawal syn-
drome can occur with long-term
NIDA RESEARCH REPORT SERIES
/"
"!
.............................................................................
inhalant abuse. Additional
symptoms exhibited by long-
term inhalant abusers include
weight loss, muscle weakness,
disorientation, inattentiveness,
lack of coordination, irritability,
and depression.
What are
the medical
consequences of
inhalant abuse?
Inhalant abusers risk an array
of devastating medical conse-
quences. Prolonged sniffing of
the highly concentrated chemi-
cals in solvents or aerosol sprays
can induce irregular and rapid
heart rhythms and lead to heart
failure and death within minutes
of a session of prolonged sniff-
ing. This syndrome, known as
"sudden sniffing death," can
result from a single session of
inhalant use by an otherwise
healthy young person. Sudden
sniffing death is particularly
associated with the abuse of
butane, propane, and chemicals
in aerosols. Inhalant abuse also
can cause death by:
. Asphyxiation-from repeated
inhalations, which lead to
high concentrations of
inhaled fumes displacing
the available oxygen in
the lungs;
. Suffocation-from blocking
air from entering the lungs
\vhen inhaling fumes from
a plastic bag placed over
the head;
. Convulsions or seizures-
caused by abnormal
electrical discharges in the
brain;
. Coma-the brain shuts
down all but the most vital
functions;
. Choking-from inhalation of
vomit after inhalant use; or
. Fatal injury-from accidents,
including motor vehicle
fatalities, suffered while
intoxicated.
Animal and human research
shows that most inhalants are
extremely toxic. Perhaps the
most significant toxic effect of
chronic exposure to inhalants is
widespread and
long-lasting
damage to the
brain and other
parts of the
nervous system.
For example, both
animal research
and human
pathological
studies indicate
that chronic abuse
of volatile solvents
such as toluene
damages the
protective sheath
around ceItain
nerve fibers in
the brain and
peripheral nervous
system. This exten-
sive destruction
of nerve fibers is
clinically similar
to that seen with
neurological
diseases such as
multiple sclerosis.
The neurotoxic effects of
prolonged inhalant abuse include
neurological syndromes that
reflect damage to parts of the
brain involved in controlling
cognition, movement, vision, and
hearing. Cognitive abnormalities
can range from mild impairment
to severe dementia. Other effects
can include difficulty coordinating
movement, limb spasms, and loss
of feeling, hearing, and vision.
Inhalants also are highly
toxic to other organs. Chronic
exposure can produce significant
damage to the heart, lungs, liver,
and kidneys. Although some
inhalant-induced damage to the
nervous and other organ systems
6r-
:f'"
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.............................................................................
NIDA RESEARCH REPORT SERIES
may be at least partially reversible
when inhalant abuse is stopped,
many syndromes caused by
repeated or prolonged abuse
are irreversible.
Abuse of inhalants during
pregnancy also may place infants
and children at increased risk of
developmental harm. Animal
studies designed to simulate
human patterns of inhalant abuse
suggest that prenatal exposure
to toluene or trichlorethylene
(TCE) can result in reduced birth
weights, occasional skeletal
abnormalities, and delayed
neurobeha viOl'al development.
A number of case reports note
abnormalities in newborns of
mothers who chronically abuse
solvents, and there is evidence
of subsequent developmental
impairment in some of these
children. However, no well-
controlled, prospective study of
the effects of prenatal exposure
to inhalants in humans has been
conducted, and it is not possible
to link prenatal exposure to a
specific chemical to a specific
birth defect or developmental
problem.
What are the
srecial risks for
nitrite abusers?
Nitrites are abused mainly
bv older adolescents and
adults. Typically, individu-
als who abuse nitrites are seek-
ing to enhance sexual function
and pleasure. Research shows
that abuse of these drugs in this
context is associated with unsafe
sexual practices that greatly
increase the risk of contracting
and spreading such infectious
diseases as HIV/ AIDS and
hepatitis.
Animal research raises the
possibility that there may be a
link between abuse of nitrite
inhalants and the development
and progression of infectious
diseases and tumors. The
research indicates that inhaling
nitrites depletes many cells in
the immune system and impairs
immune system mechanisms that
fight infectious diseases, A recent
study found that even a relatively
small number of exposures to
butyl nitrite can produce dramatic
increases in tumor incidence and
growth rates in animals.
Where can I get
further scientific
information about
inhalant abuse?
To learn more about
inhalants and other drugs of
abuse, contact the National
Clearinghouse for Alcohol and
Drug Information (NCADD at
1-800-729-6686. Information
8 NIDA RESEARCH REPORT SERIES
............................................................................
specialists are available to help
you locate information and
resources.
Fact sheets, including InfoFacts,
on the health effects of inhalants,
other drugs of abuse, and
other drug abuse topics are
available on the NIDA Web site
(wvvw.drugabuse.gov), and can
be ordered free of charge in
English and Spanish from the
National Clearinghouse for
Alcohol and Drug Information
(NCADI) at www.health.org.
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National Household Survey on Drug Abuse
The NHSDA Re ort
Inhalant Use
Among Youths
In Brief
. In 2000, more than 2 million
youths aged 12 to 17
reported using inhalants at
least once in their lifetime
. Between 1999 and 2000, the
rate of past year inhalant
use declined among youths
aged 12 or 13
. Youths who reported an
average grade of 0 or below
were more than 3 times as
likely to have used inhalants
during the past year as
youths with an average
grade of A
March 22, 2002
The 2000 National Household Survey
on Drug Abuse (NHSDA) asked
respondents aged 12 or older to re-
port on their use of inhalants during the past
month, past year, and in their lifetime. Inha-
lants were defined in the survey as "liquids,
sprays, or gases that people sniff or inhale to
get high or to make them feel good." The
categories of inhalants asked about in the
survey were glue, shoe polish, or toluene; gas-
oline or lighter fluid; spray paints; correction
fluid, degreaser, or cleaning fluid; nitrous
oxide or "whippets"; amyl nitrite, "poppers,"
locker room odorizers, or "rush"; lacquer
thinner or other paint solvents; lighter gases,
such as butane or propane; halothane, ether,
or other anesthetics; and other aerosol
sprays. This report focuses on past year
inhalant use, but also presents information
on the lifetime use of specific inhalants.
Lifetime Prevalence of Inhalant Use
Among Youths
The 2000 NHSDA estimated that of the 23
million youths aged 12 to 17, more than 2
million (9 percent) used inhalants in their
lifetime. The category of inhalants most
frequently reported by youths was glue, shoe
polish, or toluene (4 percent) (Figure 1).
Lifetime inhalant use of gasoline or lighter
The NHSDA Report is published periodically by the Office of Applied Studies, Substance Abuse and Mental Health Services Administration
(SAMHSA). All material appearing in this report is in the public domain and may be reproduced or copied without permission from SAMHSA.
Additional copies of this fact sheet may be downloaded from http://www.samhsa.govloas/factscfm, Citation of the source is appreciated. Other
reports from the Office of Applied Studies are also available on-line: http://www,DrugAbuseStatisticssamhsagov/.
NHSDAREPOR~INHALANTUSEAMONGYOUTHS
IT'"
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March 22, 2002
Figure 1. Percentages of Youths Aged 12 to 17
Reporting Lifetime Inhalant Use, by InhalantType:
2000
Inhalant Type
Glue, Shoe Polish, or Toluene
Percent Reporting Lifetime Inhalant Use
o 2 3 4 5
Gasoline or Lighter Fluid
Spray Paints
Correction Fluid, Degreaser,
or Cleaning Fluid
Nitrous Oxide or "Whippets"
Amyl Nitrite, "Poppers," Locker
Room Odorizers, or "Rush"
Other Aerosol Sprays
Lacquer Thinner or
Other Paint Solvents
Lighter Gases
(Butane, Propane)
Anesthetics
(Halothane, Ether)
3,9
Figure 2. Percentages of Persons Aged 12 or
Older Reporting Past Year Inhalant Use, by
Detailed Age Category: 2000
o
Percent Reporting Past Year Inhalant Use
Age
(in Years) 12
13
14
15
16
17
18
19
20
21
22
23
24
25
26-29
30-34
35-39
40-44
45-49
50-54
55-59
60-64 *
65 or Older
2 3 4 5
2.3
3,2
4.1
4.1
3,8
3,6
3,8
4.1
3.4
2.2
1.3
1,5
1,0
1.0
fluid was reported by :3 percent. Approximately 2
percent reported inhaling the following types of
substances: spray paints; correction fluid, degreaseI',
or cleaning fluid; nitrous oxide or "whippets"; amyl
nitrite, "poppers," locker room odorizers, or "rush";
other aerosol sprays; and lacquer thinner or other
paint solvents.
Past Year Inhalant Use
Youths aged 12 to 17 had higher rates of past year
inhalant use (4 percent) compared with adults aged
18 or older (18 to 25, 2 percent; 26 or older, less
than 1 percent). Past year inhalant use was 3 to 4
percent among youths and young adults aged 13
to 20, but it was lower among older age groups
(Figure 2). Between 1999 and 2000, the rate of past
year inhalant use declined significantly among
youths aged 12 or 13, from 4 percent in 1999 to 3
percent in 2000 (as did the rate of past month use
[rom 1.3 percent in 1999 to 0.7 percent in 2000).
Males and females aged 12 to 17 reported similar
rates of past year inhalant use (4 percent) (Figure 3).
However, among those aged 18 to 25, males were
more likely than females to report past year inhalant
use (3 vs. 2 percent). The rates of past year inhalant
use were low among males and females aged 26 or
older, but males were more likely to report past year
inhalant use than females (0.4 vs. 0.1 percent).
Among youths aged 12 to 17, whites and Hispan-
ics were more likely to have used inhalants during
the past year (4 percent) than blacks (2 percent), but
there were no statistically significant differences in
past year inhalant use benveen Asians and the other
racial/ethnic groups (Figure 4). There were no
differences in past year use between males and
females for white and black youths, but among
Hispanic youths, males were almost nvice as likely as
females to have used inhalants during the past year
(5 vs. 3 percent).
Inhalant Use and Academic Performance
In 2000, more than 29 percent of youths aged 12 to
17 reported an A average in their last completed
semester or grading period, 11 percent reported a B
average, 23 percent reported a C average, and 7 per-
cent reported an average of D or below. I Prior re-
search has associated poor grades with substance use
among youths.2 Past year inhalant use among youths
aged 12 to 17 was higher among those with lower
grade performance (Figure 5). Youths with an aver-
March 22, 2002
6[
NHSDA REPORT: INHALANT USE AMONG YOUTHS
Figure 3. Percentages of Persons Aged 12 or Older
Reporting Past Year Inhalant Use, by Gender and
Age: 2000
ell 5
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ell
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3.5
12 to 17
18 to 25
Age Group
26 or Older
age grade of D or below were more than 3 times as
likely to have used inhalants in the past year as youths
who reported an average grade of A (7 vs. 2 percent).
End Notes
1. Approximately 69 percent of surveyed youths aged 12 to 17 were included
in these analyses. The remaining 31 percent of youths either attended
schools that did not give letter grades, left the question blank, did not
attend school, or were not asked about letter grades. Unpublished analyses
of 1999 NHSDA data showed no significant differences between youths who
were asked about letter grades and those who were not. Subsequent
NHSDA questionnaires (beginning with 2001) have corrected this problem of
missing data.
2. Hawkins, J.D., Catalano, R.F., & Miller, JY. (1992). Risk and protective
factors for alcohol and other drug problems in adolescence and early
adulthood: Implications for substance abuse prevention. Psychological
Bulletin, 112(1).64-105.
Figure Notes
. Low precision; no estimate reported.
.. Small sample sizes prevented comparative analyses with other raciallethnic
groups.
Source (all figures): SAMHSA 2000 National Household Survey on Drug Abuse.
Figure 4. Percentages of Youths Aged 12 to 17
Reporting Past Year Use of Inhalants, by Racel
Ethnicity: 2000**
ell 5
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ell
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White Hispanic Asian Black
Race/Ethnicity
Figure 5. Percentages of Youths Aged 12 to 17
Reporting Past Year Use of Inhalants, by Average
Letter Grade for the Last Semester or Grading
Period Completed: 2000
<II 8
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A B C D or Below
Average Letter Grade
The National Household Survey on Drug Abuse (NHSDA) is an annual survey
sponsored by the Substance Abuse and Mental Health Services
Administration (SAMHSA). The 2000 data are based on inlormation obtained
from nearly 72,000 persons aged 12 or older, including more than 25,000
youths aged 12 to 17. The survey collects data by administering
questionnaires to a representative sample of the population through face-to-
face interviews at their place of residence.
The NHSDA Report is prepared by the Office of Applied Studies (OAS),
SAMHSA, and by RTI in Research Triangle Park, North Carolina. Information
and data for this issue are based on the following publication and statistics:
Substance Abuse and Mental Health Services Administration. (2001).
Summary of findings from the 2000 National Household Survey on Drug
Abuse (NHSDA Series: H-13, DHHS Publication No. SMA 01-3549).
Rockville, MD: Author.
Also available on-line: wwwDrugAbuseStatistics.samhsa.gov.
Additional Tables 1.2A, 1.23B, 1.47B, 1.48B, 1.49B, and 1.106B from htlpll
www.samhsa.gov/oas/nhsda/2kdetailedtabslVol_1..Part..1N1P1.htm.
Additional tables available upon request.
INTElliGENCE
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The abuse of inhalants is widespread across the United States;
however, it may be underreported because law enforcement offi-
cials and healthcare providers are often unfamiliar with the signs
of inhalant abuse. Abusers, primarily adolescents, inhale chemical
vapors from a variety of substances, many of which are common
household products. These young people abuse inhalants in order to obtain a euphoric effect and are often
unaware of the potential risks, which include brain damage and death. Some adults also abuse inhalants,
particularly nitrites. Adult abusers often inhale substances in oreler to enhance their sexual experiences.
Introduction
Inhalant abuse, commonly called huffing, is the
purposeful inhalation of chemical vapors to achieve
an altered mental or physical state, which for most
abusers is a euphoric effect. Abusers inhale vapors
emitted from a wide range of substances. In fact,
chemical vapors used as inhalants can be found in
over 1,000 common household products. There are
several general categories for substances that may
be used as inhalants:
Volatile solvents are liquids that vaporize at
room temperature ifleft in unsealed containers. Paint
thinner, gasoline, correction fluid, felt-tip markers,
nail polish and remover, and glue (such as rubber
cement) all contain volatile solvents.
Aerosols are sprays that contain propellants and
solvents such as toluene-one of the most common
solvents found in aerosols. Common aerosols include
paint, deodorant, hair products, cooking products,
,and fabric protector. Silver and gold spray paint are
particularly popular among inhalant abusers.
Gases are substances that lack definite shape or
volume such as refrigerants and medical anesthetics.
Abusers frequently inhale gases found in butane light-
ers, air conditioning units, and propane tanks. Medical
anesthetics such as ether, chloroform, and nitrous ox-
ide are also abused. Nitrous oxide, commonly called
laughing gas, is abused more frequently than any other
gas. It can be obtained from whipped cream dispensers
or products that boost octane levels in racing cars. It
may also be purchased in balloons or in small, sealed
vials called whippets, which are sold at raves or drug
paraphernalia stores.
Nitrites are a group of chemicals including
cyclohexyl nitrite, amyl nitrite, and butyl nitrite.
Nitrites are used mainly to enhance sexual experi-
ences rather than to achieve a euphoric effect.
Cyclohexyl nitrite is found in room deodorizers.
Amyl nitrite comes in small, mesh-covered, sealed
capsules that are popped or snapped in order to re-
lease the vapors. Because of this popping or snap-
ping, these capsules are frequently called poppers or
snappers. Butyl nitrite is often sold in small bottles
that, like amyl nitrite capsules, are referred to as pop-
pers. Nitrites are available in adult bookstores and
shops and over the Internet.
Huffing-The Abuse of Inhalants
6E
Who abuses inhalants?
According to the 2000 National Household
Survey on Drug Abuse, the number of new inhalant
abusers rose approximately 158 percent from an es-
timated 392,000 in 1990 to 1,010,000 in 1999. The
primary user group was composed of 12- to 17 -year-
olds-over 636,000 had tried inhalants for the first
time in 1999. This number is more than double that
of the 18- to 25-year-old user group (276,000.) Al-
most 17 million individuals have experimented with
inhalants at some point in their lives.
Inhalants are the fourth most abused substances
in the United States among eighth, tenth, and twelfth
graders; alcohol, cigarettes, and marijuana are the
top three, according to the 2000 Monitoring the Fu-
ture Study. By the time adolescents reach the eighth
grade, one in five has tried inhalants at least once.
Prevalence of lifetime abuse has consistently been
higher among eighth graders than among tenth and
twelfth graders. In 2000, 18 percent of eighth grad-
ers, 17 percent of tenth graders and 14 percent of
twelfth graders admitted having used inhalants at
least once in their lifetime. Statistics showing higher
lifetime use among eighth graders may be due to the
fact that frequent inhalant abusers typically drop out
of school and consequently do not participate in the
tenth and twelfth grade surveys.
Data from the 1999 Youth Risk Behavior Sur-
vey (YRBS) indicate that 14.6 percent of students in
grades 9 through 12 have abused inhalants at least
once in their lifetime; 4.2 percent of the students re-
ported having abused inhalants at least once in the
30 days preceding the survey. Males and females
abused inhalants at nearly equal rates-I 4. 7 percent
Percentage of Lifetime
Abuse of Inhalants
25
Grade
o Eighth
.Tenth
. Twel1\h
15
20-
10
5 -
Q
19qF\
1'N7
I!NA
19Q!'l
mnn
Source: Monitoring the Future 2000.
of males and 14.6 percent of females admitted hav-
ing used inhalants at least once in their lifetime. Simi-
larly, 4.4 percent of males and 3.9 percent offemales
reported having used inhalants at least once in the
30 days preceding the survey.
Adults Also Abuse Inhalants
While adolescents are the primary group abusing inhalants,
a study by the Texas Commission on Alcohol and Drug
Abuse (TCADA) found that adults also abuse inhalants. An
analysis of 144 Texas death certificates involving misuse or
abuse of inhalants from 1988 to 1998 indicates that the aver-
age age of those who suffered inhalant deaths was 25.6 with
ages ranging from 8 to 62. In the same analysis of Texas
death certificates, TCADA found that the most frequently
mentioned inhalant (35%) was Freon (51 deaths). Of the
Freon deaths, 42 percent were students or youth (mean age
of 16.4 years), and 37 percent were involved in occupations
where Freon was readily available.
Source: Texas Commission on Alcohol and Drug Abuse,
Substance Abuse Trends in Texas: June 2001.
Where are inhalants abused?
Inhalants are abused throughout the country.
According to the 1999 YRBS, in 11 states the per-
centage of high school students who reported hav-
ing used inhalants at least once in their lifetime
exceeded the national average of 14.6 percent. The
states having the highest percentage of inhalant
abuse are West Virginia (20.4%), Tennessee
(19.2%), Nevada (19.0%), Wyoming (17.6%),
Ohio (17.1%), Arkansas (16.7%), Montana
(16.5%), Wisconsin (16.2%), Alabama (16.1%),
Michigan (15.6%), and North Dakota (15.5%).
How are inhalants abused?
Inhalants are breathed in through the nose or
mouth in a variety of ways. Abusers begin by
inhaling deeply; they then take several more breaths.
Abusers may inhale, by sniffing or snorting, chemi-
cal vapors directly from open containers or by huffing
fumes from rags that are soaked in a chemical sub-
stance and then held to the face or stuffed in the mouth.
Other methods include spraying aerosols directly into
2
6E
National Drug Intelligence Center
the nose or mouth or pouring inhalants onto the user's
collar, sleeves, or cuffs and sniffing them over a pe-
riod of time (such as during a class in school). In a
practice known as bagging, fumes are inhaled from
substances sprayed or deposited inside a paper or plas-
tic bag. Alternatively, the fumes may be discharged
into small containers such as soda cans and then in-
haled from the can. Users may also inhale from bal-
loons filled with nitrous oxide or other devices such
as snappers and poppers in which inhalants are sold.
Signs of Abuse
. Drunkordisorientedappearance
. Paint or other stains on face, hands, or clothing
. Hidden empty spray paint or solvent containers
and chemicaJ..soaked rags or clothing
. Slurred speech
. Strong chemical odors on breath orclothing
. Nausea or loss of appetite
. Red or runny nose
. Sores or rash around the noseormouth
Source: National Institute on Drug Abuse, Research Report
Series, Inhalant Abuse, 10 May 2001.
What are the effects?
For most users, inhalant abuse results in a rapid
euphoric effect that is similar to alcohol intoxica-
tion. Users experience initial excitation, then drowsi-
ness, lightheadedness, and agitation. Inhalant abusers
also report feeling a loss of inhibitions. The chemicals
found in volatile solvents, aerosols, and gases produce
a variety of additional effects during or shortly after
use that include dizziness, strong hallucinations, de-
lusions, belligerence, apathy, and impaired judgment.
Additional symptoms exhibited by long-term inhal-
ant abusers include weight loss, muscle
weakness, disorientation, inattentiveness, lack of co-
ordination, irritability, and depression. Withdrawal
symptoms include sweating, rapid pulse, hand trem-
ors, insomnia, nausea or vomiting, hallucinations,
and, in severe cases, grand mal seizures.
While abusers of other inhalants seek a
euphoric effect, nitrite abusers-who tend to be
adults rather than adolescents-seek to enhance the
sexual experience. Inhaled nitrites dilate blood
vessels, increase heart rate, and produce a sensation
of heat and excitement that can last for several minutes.
According to the National Institute on Drug Abuse, use
of these drugs is associated with unsafe sexual practices
that greatly increase the risk of contracting and spread-
ing infectious diseases such as mv I AIDS and hepatitis.
Chronic inhalant abuse may result in serious and
sometimes irreversible damage to the user's heart,
liver, kidneys, lungs, and brain. Brain damage may
result in personality changes, diminished cognitive
functioning, memory impairment, and slurred speech.
Death from inhalant abuse can occur after a
single use or after prolonged use. Sudden sniffing
death (SSD) may result within minutes of inhalant
abuse from irregular heart rhythm leading to heart
failure. Other causes of death include asphyxiation,
aspiration, or suffocation. A user who is suffering
from impaired judgment may also experience fatal
injuries from motor vehicle accidents or sudden falls.
According to Drug Abuse Warning Network
(DA WN) Medical Examiner data, inhalants were a
factor in over 500 deaths in the United States from
1996 to 1999. Medical examiner data provided by
DA WN cover only 40 metropolitan areas in the
United States; thus, many inhalant-related deaths
across the country are not reflected in DAWN data.
Street Terms for Inhalants
AmfS
Ball
Bolt
Boppers
Bullet
Climax
Glading
Gluey
Hardware
Head cleaner
Hippie crack
KD<
Locker room
Poor man's pot
Poppers
FlJsh
Snappers
Toncho (octane booster)
Source: Office of National Drug Control Policy (ONDCP),
Drug Policy Information Clearinghouse Fact Sheet-
Inhalants, June 2001.
3
.r~"
} j
Huffing-The Abuse of Inhalants
Outlook
Easy accessibility and the relatively low cost of the substances abused indicate that inhalant abuse will
attract new users and continue to be a problem in the United States. Authorities have recognized the problem
of inhalant abuse; 46 states (excluding Alabama, Arkansas, Montana, and Wyoming) and the Commonwealth
of the Northern Mariana Islands have enacted laws to address the issue. Inhalants are dangerous poisons that
were never designed for human consumption. Prevention and information campaigns will increase awareness of
the negative effects of inhalant abuse and may help to make this practice less appealing to our nation's youth.
Sources
Alcohol and Drug Help Line, Washington State, www.adhl.org
American Academy of Pediatrics, www.aap.org
The Boston Globe
City of Ashland Police Department, Wisconsin
Conway, Deborah. "Inhalants Stink! Sniff Them Out to Protect Kids," Education Digest, September 2000
Falkowski, Carol. Dangerous Drugs, Center City, MN: Halzelden Information and Educational Services, 2000
Federal Bureau of Investigation, Pittsburgh Field Division
Florida Alcohol and Drug Abuse Association, www.fadaa.org
Inaba, Darryl S., William E. Cohen, and Michael E. Holstein. Uppers, Downers, All Arounders: Physical and Mental
Effects of Psychoactive Drugs, 3rd ed. Ashland: CNS, 1997
Join Together Online, www.jointogether.org
Kurtzman, Tracey L., Kimberly N. Otsuka, and Richard A. Wahl. "Inhalant Use by Adolescents," Journal of
Adolescent Health 2001. New York: Elsevier Science, 2001
Maxwell, Jane C. "Deaths Related to the Inhalation of V olatile Substances-Texas, 1988-1998," American Journal of
Drug and Alcohol Abuse, Vol. 27, 2001
Mercie, Susan. "Nitrous Oxide & Nitrite Inhalants: Funny Facts," Do It Now Foundation, May 2000
National Conference of State Legislatures
National Inhalant Prevention Coalition, www.inhalants.org
National Institute on Drug Abuse
Office of National Drug Control Policy
Partnership for a Drug-Free America
Philadelphia Inquirer
Pittsburgh Post-Gazette
Substance Abuse and Mental Health Services Administration
Texas Commission on Drug and Alcohol Abuse
319 Washington Street 5th Floor, Johnstown, PA 15901-1622 . (814) 532-4601
A Permanent Solution is the Only Solution
! 6E
6E
New Safety Caps from Novent Provide
Protection from Refrigerant Theft
Reprinted from Indoor Comfort News, September 2003
Refrigerant theft has been a problem for quite some time. An
even larger problem, however, is that most of the refrigerant is
not being taken for resale, but is being consumed as a drug.
Unfortunately, the "high" or "rush" one gets is from the oxygen
being displaced in their body. The result could be fatal.
For years, the loss of refrigerants had been attributed to small
leaks that can't be detected. Evidence, however, supports that
this loss of refrigerant can be attributed to theft or vandalism.
Many school district HVAC personnel and apartment complex
managers can relate to a story of refrigerant theft. Refrigerants
are easily accessible with a simple pair of pliers or fingers, and
the thieves can sniff the refrigerant directly from the valve or
store it in a plastic bag for later use.
To combat the serious problem, La Palma, Calif.-based
engineering company Novent LLC developed a simple tamper
resistant cap that can stop the theft of refrigerant The Novent
Tamper Resistant Refrigerant Cap requires a special tool to
apply and remove the product, making it virtually impossible for a
thief to access the refrigerant.
"We came up with the idea for the Novent cap after visiting a job
site where refrigerant was being stolen," said Joe Byrne of
Novent. "There was vomit around the units from people getting
sick from the chemicals. We built several sets and gave them to
a church, a school district, and a contractor who had a problem
with a large hotel in the San Francisco area."
ft., BY"'" _/No"". ~ ill n-,,"
Whi"- J.nJ ImtC tpJ, ftr 1IR S-
&num/iJt.O City UniJj,J Sdxwl ])ulrict,
;lI8tJb llu mp ." if b.,.mJ -J"u". "ir
umJilionirtg ",,;1 tit ._ ./ tiNt JUtrid'.1
.Iebo"J clmsmmm.
Steve Brayley of US Airconditioning Distributors, which sells the caps, said the problem at the hotel - and
other facilities that used the product as well - quickly went away.
"Contractors started requesting more," Brayley said.
Ron Mihld, HVAC/R supervisor for the San Bernardino City Unified School District, first started using the
Novent caps over a year ago in an effort to curb the loss of refrigerant. "The Novent caps were a success,"
Mihld said. "We placed them on the equipment that we had problems with in the past."
Tin Nq",."t Tamper R"i#ta"t
R,jripril"t Clip r'lfUirllll IpuiAl tqql
to IIIpply IInJ rllmq", tbtt pl'f~J"c-t>
",.kinS it virhi.lly impollibllf for a
thi,f to IIU#U th, refrig,r.Ht.
At one of the schools, Dennis White, lead HVAC tech for the
school district, showed where vandals had entered fenced areas
and pried open service panels to gain access to service valves.
"If they see the caps they just move on," White said.
The Novent caps also protect refrigerant cylinders. The caps are
anodized to match refrigerant color codes and stamped with the
chemical codes. "This prevents mixing of different refrigerants,"
Byrne said. "These caps are a must for any refrigerant
management program."
For those interested in buying The Novent Tamper Resistant
Refrigerant Cap, call EZ TRAP at 877-439-8727.
6E
~
Refrigerant Locking Cap
.
[
Keep Your Refrigerant Under Control!
NOVENT@
LOCKING REFRIGERANT CAPS
prevent leakage and deter theft
PATENT NO. 6,612,455
NOVENT@ Caps fit the standard "Schraeder" service valve on all central AC units
and Minisplits, and provide an innovative way to prevent access by unauthorized
persons. Patented NOVENT@ Caps are precision machined from high grade brass
surrounded by a protective aluminum shroud and can only be fitted and removed
with a special tool.
. Seal service valve
to prevent leaks
. Prevent excessive energy
usage due to refrigerant loss
. Help prevent illegal
venting of refrigerant
. Support every EPA
management program
. Help prevent accidental
mixing of refrigerant
. Deter refrigerant theft
at unsecured sites ti'
. Help prevent access . '0 ".
by unauthorized persons .. .. .
. Help prevent loss from cylinders and recovery tank'i
. Reduce potential liability for
inhalation induced injury or death
NOVENT@ Caps:
Additional Features:
. Corrosion resistant. . Integral neoprene O-ring resists all oils. · R22 & R410 caps are
color coded & embossed for easy ID of refrigerant gas. Silver caps include adhesive
labels for commonly used refrigerants. · Integral torque limiter prevents overtightening
· Easy to ID pocket tools or screwdriver tools fit all 3 cap types. . Resist crushing and
removal without key. .Yellow warning label for AC unit is included.
Keep Your Refrigerant Under Control!
NOVENT'" Locking Caps & Accessories
CATALOG NUMBER DESCRIPTION PACKAGE PACKAGE QUANTITY CASE QUANTITY
NG-R22 2PK Green cap for R22 1/4" thread blistercard 2 pieces 20 cards (40 l
NG-R2210PK Green cap for R22 1/4" thread blistercard 10 pieces 10 cards (1001
NG - R22 50PK Green cap for R22 1/4" thread bulk carton 50 pieces 4 cartons (20m
NG - R22 100PK Green cap for R22 1/4" thread bulk carton 100 pieces 4 cartons (40m
NP - R41 0 2PK Pink cap for R410 1/4" thread Blistercard 2 pieces 20 cards (4m
NP-R410 10PK Pink cap for R410 1/4" thread Blistercard 10 pieces 10 cards (1001
NP - R41 0 50PK Pink cap for R410 1/4" thread bulk carton 50 pieces 4 cartons (20m
NP - R41 0 100PK Pink cap for R410 1/4" thread bulk carton 100 pieces 4 cartons (40m
NPE - R41 0 20PK Pink Eurocap - R41 0 5/16" thread bulk carton 20 pieces 5 cartons (10m
NPE - R41 0 50PK Pink Eurocap - R41 0 5/16" thread bulk carton 50 pieces 4 cartons (2001
NPE - R41 0 100PK Pink Eurocap - R41 0 5/16" thread bulk carton 100 pieces 4 cartons (4001
NS-UNI20PK* Silver cap, any gas 1/4" thread bulk carton 20 pieces 5 cartons (10m
NS- UNI 50PK* Silver cap, any gas 1/4" thread bulk carton 50 pieces 4 cartons (20m
NS - UNI1 OOPK * Silver cap, any gas 1/4" thread bulk carton 100 pieces 4 cartons (40m
NG- R22 KEY Key for Green cap & Silver cap blistercard 1 piece 20 cards (2m
NG - R22 SOT Screwdriver/key - GreenlSilver Plastic bag 1 piece 20 bags [2m
NP-R410 KEY Key for Pink cap & Eurocap blistercard 1 piece 20 cards [20l
NP - R41 0 SOT Screwdriver/key Pink/Eurocap Plastic bag 1 piece 20 bags [20)
NV-MULTI KEY** Multi Key fits all caps blistercard 1 piece 20 cards [20l
* ITEMS DENOTED WITH ASTERISK INCLUDE ADHESIVE LABELS FOR REFRIGERANT IDENTIFICATION ** MULTI KEY AVAILABLE JUNE 2006
ONLY FOR NO and NS CAPS
FOR NO, NS, NP Ind NPE CAPS
NV - MULTI KEY
ONLY FOR NP and NPE CAPS
CASE WEIGHT
2.5Ibs.
5lbs.
1olbs.
191bs.
2.5Ibs.
5lbs.
101bs.
191bs.
Bibs.
11 Ibs.
201bs.
Bibs.
101bs.
191bs.
2lbs.
3lbs.
2lbs.
3lbs.
2lbs.
NDVENJ<~ products are available only to licensed refrigerant technicians and authorized
personnel. They are distributed exclusively through HVACR distributors woldwide.
WARRANTY
Novent disclaims all implied and express warranties. including the implied warranty of merchantability and the implied warranty of fitness for a particular purpose except as follows:
Novent Tamper-Resistant Refrigerant Caps are unconditionally warranted to be free from defects in material and workmanship under normal use for a period of three [3] years
from date of purchase. providing they are installed and operated strictly in accordance with manufacturer's installation instructions.
It the product is found to be defective or otherwise fails in normal use. it may be returned for replacement. All freight charges for the retum of the product shall be borne by the
purchaser. The manufacturer will pay outgoing freight charges for the replacement product.
Defective products retumed to Novent prepaid Will be repaired or replaced free of charge. Replacement product will, to the extent such product is then available in manufactllrer's
inventory, be of similar type. color and kind. Manufacturer retains the right to substitute product If replacement product does not conform in terms of color. type and specifications
to the original product ~ no longer available.
This warranty does not cover replacement labor of any cost. claim or incident to any defect nor does it cover any consequential damages. The sole "ability of the manufacturer
under this warranty is limited to the replacement of defective product. Product damaged by improper use, accident. neglect. alteration, abuse or improper installation is excluded
from this warranty.
AVAILABLE FROM
Master Distributor
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'#,;f<^-'I~
f<i$
toll free 877-439-8727 · email:
3 Kellogg Court, Unit 10
Edison, NJ 08817
phone 732-248-8066
fax 732-248-8068
info@eztrap.com · www.eztrap.com
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Gone Too Soon
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A breath of tragedy changes Naples family forever
By Jennifer Brannock
Naples High School freshman Charles Gray already had his 16th birthday on Dec. 13 all planned
out.
He was finally going to be able to get a job he wanted and his driver license. Plus, his parents
had promised to pay for the final parts he needed to complete the computer he had been building.
Charles' mother and stepfather, Mona and Larry Casey, had big plans for him beyond his
birthday.
He was going to attend the University of Miami, so he wouldn't be too far from home, and earn a
degree that would enable him to help others in his home city, Sa/pan, capital of the U.S.
Commonwealth of the Northern Mariana Islands.
Mona Casey still looks for dishes and furnishings to buy for the apartment she hoped her son
would one day occupy.
But a tragic mistake ended those plans suddenly. The 16th birthday Charles had longed for will
pass without him Wednesday.
Charles died Sept. 15 after inhaling Freon from his neighbor's air conditioner to get high.
"One of the hardest things about losing a child that age is that you have so many things planned
out for his life," Mona Casey said. ''The hardest thing is knowing all these dreams won't be
fulfilled."
From the time he was a baby, Charles was always goofing off. He lived to get a laugh.
6~-
-
[Charles Ian Gray]
"He doesn't keep me bored," his little sister, Isabella Casey, said.
"He was an entertainer," Larry Casey added. "He was always making people laugh and smile."
Although he was exceptionally smart, Charles struggled to pay attention in class. Still, he brought
home As on his tests, and managed to get his work done.
"He loved going to school, but I think it was more for the socializing," Mona Casey said. "He never
studied, but he still did great on his tests."
When he wasn't tinkering with his computer, Charles was learning to play the guitar, or playing
practical jokes.
"I don't even think I can tell you some of the jokes he pulled," his mother said, laughing. "He's
very witty. Something will happen, and he'll come up with a response right off the top of his head."
Charles also enjoyed visiting his family in Saipan, and returned from a summer on the Pacific
island just before the start of school.
Like many kids, Charles had an inquisitive nature that sometimes led to trouble. Charles began
experimenting with marijuana last year.
"When we found out about that, we took care of it right away," Mona Casey said. "He admitted
everything, and was very honest with us.
"He promised me and assured me he would never do anything else."
After several talks with his parents, it seemed Charles had turned himself around.
"At the end, we really felt like he was getting himself together," Mona Casey said. "The chores
were getting done, school was going well.
"We were always telling him how proud of him we were."
Mona and Larry Casey had never heard of inhalant abuse, better known as huffing. It can be
done using everyday household items, such as spray paint cans, cooking sprays and air-
conditioners.
Mona Casey said a friend of her son's told her Charles had only tried inhaling Freon once before
with a group of friends.
When he died, he was alone. Charles' autopsy showed no traces of any other drug in his system,
Mona Casey said.
"When the paramedics took him away, I still didn't know what had happened," Larry Casey said.
"One of the officers handed me the air-conditioning cap, and it just blew me away."
Three months later, Mona Casey is still dealing with conflicting bouts of grief and anger.
f;"'~
"He told me, 'Mom, I'm smart enough not to do anything else,' " she said. 'When it happened, I
felt this sense of betrayal.
"I'm still very angry, and in a state of shock."
Despite their anger and depression, Larry and Mona Casey want people to know their son's tragic
story, so other parents won't have to feel their pain.
"You'd think, OK, if we're going out of town, we should lock up the liquor cabinet, but you wouldn't
think to lock up your prescriptions, cooking spray and things like that," Larry Casey said. ''That's
the scary thing about Freon: It's free, and it's in every house.
"We are our kids' drug dealers."
Students at Naples High School are still dealing with the shock.
"It affected a lot of people," sophomore T. J. Curfman, 16, said. "It was a really sad thing to see
someone die so young."
"It's a caution," sophomore Bryant Ireland, 15, said. "I think it made people really scared."
All the Casey family can do now is move forward with Charles in their hearts. Half of his ashes
are spread in Saipan. The rest are in a brown box Mona Casey carries with her wherever she
goes.
"I haven't found an urn for him yet," she said. "I need something that is going to be 'so Charles.'
"I want the perfect place for him."
6[
By Leonora Minai Published April 20, 2004
w;\I he h;:5 ~i~8,~~~~;-XI.,
[Courtesy of Pam Abraham]
Christopher Abraham is shown visiting a family cemetery plot in Illinois; he was buried there, His
mother wrote the words on the edges of the photo after his death, "He was the sweetest person,"
said Leanne Cross, a family friend,
[Courtesy of Pam Abraham]
[Abraham. 16, died after inhaling refrigerant gas]
SEMINOLE - It was about 2:30 a.m. when Leanne Cross peeked into the darkened living room
and saw the teenager sitting alone on a leather couch.
"Christopher? Are you still awake?"
Christopher Abraham didn't move. She walked closer until she could see his lanky arms and
khaki pant legs in the faint light through the window.
Then she saw his head covered in a black plastic trash bag. She ripped the bag off, pulled him on
the floor and pressed her lips against his. trying to breathe life back into him.
6[
It was too late. "He was always looking for the next thrill," said Cross, 37, a family friend.
The circumstances of Christopher's death would not become clear until two days later, as family
and friends gathered in his home to mourn. The air conditioner was running, but the house was
warm and stuffy.
A repairman came and inspected the unit. The coolant was low. A neighbor reported similar
problems. His coolant was low, too.
Christopher had turned to Freon for a thrill that November night.
Seeking a high, he tapped into his air conditioner and filled a trash bag with refrigerant gas. He
placed the bag over his head and inhaled.
Christopher Abraham, 16, a reptile lover and budding wildlife photographer, was one of four
people in the Tampa Bay area last year who accidentally died from "huffing."
National studies show inhalant use among young teens is on the rise. Huffing - inhaling or sniffing
paint thinner, glue, aerosol deodorizers and other gases - is one of the most common forms of
drug abuse among sixth- and eighth-graders beginning to experiment with drugs.
"What I sometimes tell parents is they're the dealer because the products are under their sinks, or
kids can find them at school," said Harvey Weiss. executive director of the National Inhalant
Prevention Coalition.
His organization estimates that about 125 people die annually nationwide, although many medical
examiners don't track inhalant statistics.
Huffing dates to the 1800s, when people sniffed cloths soaked in ether. Over the years, model
airplane glue and aerosol sprays gained popularity.
''What's different this time is there's so many more products, and new products keep coming out,"
said Howard Wolfe, a national expert and member of the Massachusetts Inhalant Task Force.
Kids can pick from 1,000 to 2,000 products, he said, and more youth are using.
In 1990, 266,000 youth under 18 said they started inhaling a chemical. By 2001, that number was
802,000. according to the federal Substance Abuse and Mental Health Services Administration.
Florida's middle and high schoolers were polled last year about inhalant use within the past 30
days. Slightly more had huffed than in 2002, though not as many as in 2000.
Products are cheap, easy to find and don't show in urine tests. Youth, mostly white kids in rural
areas, huff for the rush. The Iightheaded feeling. The altered state of consciousness. The
hallucinations.
"Inhalants are like playing Russian roulette because of sudden sniffing death," said Leah Young,
spokeswoman for SAMHSA, an agency of the U.S. Department of Health and Human Services.
''You can die from the first time you use it, or 10th time."
Of the four people - two adults and two teens - who died in the Tampa Bay area in 2003, three
used Freon, the refrigerant gas in air conditioners. The other used toluene, a solvent in paints.
Experts say the nationwide deaths are underreported. Medical examiners do not routinely test
blood for inhalants unless there's a history of abuse, or investigators find evidence at the scene.
"We probably don't know how bad a problem we have," said Earl G. Siegel, co-director of the
Cincinnati Drug and Poison Information Center.
Last month, the inhalant prevention coalition, which tracks deaths from media reports and victims'
families, called on medical examiners nationwide to separate death data. It also stressed to law
enforcement the importance of looking for huffing evidence at scenes.
In Christopher Abraham's case, Pinellas sheriffs deputies wondered whether he killed himself.
But they soon learned he had huffed before. Clues, two black plastic trash bags and broken
butane lighters, were found near his body.
That November night, he went to his outdoor air condensing unit and filled a bag with refrigerant
gas. He put the bag over his head for a concentrated dose.
The fumes caused his heart to quiver. His blood stopped pumping. His brain screamed for
oxygen, and he passed out.
''You will suffocate," said Dr. Noel A. Palma, deputy chief medical examiner for Pinellas and
Pasco counties. "You cannot move the plastic bag because you're unconscious."
Not much scared Christopher Abraham.
He ate a live worm for $1. He pierced both of his nipples with safety pins. He skied off a roof and
into a pool.
'Wasn't he cute?" said his mother, Pam Abraham, 36, holding a photo taken hours before he
died.
People told Christopher Abraham he looked like actor Leonardo DiCaprio. He was 6 feet 3 and
had fair skin and blue eyes. He dyed his blond hair blue.
His mother was a 19-year-old college student in North Carolina when he was born. They moved
to Madeira Beach when he was 2 years old so she could be close to her mother and finish
nursing school.
Shirley Abraham, his grandmother, took him to art shows in St. Pete Beach and St. Petersburg.
"He would talk to the artists and find out how they did their pictures," she said.
When Christopher Abraham was 10, he was diagnosed with attention deficit disorder. He poured
his energy into creations. He fashioned soda can tabs into snake shapes and took photos of his
pet snakes and lizards. He joined the Suncoast Herpetological Society with his friend, Katie
Nealis, 16.
Once, he inspected Chloe, her bearded dragon lizard, when she thought it was sick.
"He came over and looked at her," said Katie's mother, Eileen Nealis, 43. "He opened her mouth
and gave her a kiss on the nose."
6E
But Christopher Abraham started to find trouble. His mother was working two nursing jobs. He
didn't know his father. He had a younger brother, Nicholas, but they didn't live together.
"He was the sweetest person - gentle and honest and caring," said Leanne Cross, the doctor and
family friend who found him dead on the couch. "But at the same time, he didn't have a lot of
common sense and would just do stuff."
During a vacation in Ohio several years ago, a relative caught him with an aerosol can. He was
trying to inhale its fumes. Mitch Egan, who dated his mother and helped raise him, took off his
bedroom door so they could watch him.
Christopher Abraham didn't get caught huffing again. Over the next few years, he experimented
with beer and pot. He also earned a green belt in karate and celebrated his 15th birthday with his
mother in New York City. They saw Rent and a snake exhibit at the Bronx Zoo.
In August, life grew more complicated. Christopher Abraham was expelled from St. Petersburg
High School. He was caught with a cigarette and pocketknife, his mother said. He spent two
weeks in the Juvenile Detention Center, where a friend said he first heard about huffing Freon.
"He was getting drug-tested, so he couldn't smoke pot anymore," said Egan, 45, his mother's
former boyfriend. "I think he was trying to figure out other ways to get high."
Several weeks before his death, Christopher Abraham was caught running through a neighbor's
yard with a black plastic bag. The neighbor thought he was breaking into cars. A sheriff's deputy
came out. No one thought about refrigerant gas.
"I'm a medical professional, and look at me, I didn't know," Pam Abraham said.
After classes at the Pinellas Marine Institute on Nov. 20, Christopher Abraham passed the
evening with his mother, her friend, Cross, and Cross' daughter, Ellery. They ate dinner on the
beach and listened to reggae. They soaked in the hot tub at home and gazed at the stars.
About 12:30 a.m., Pam Abraham and Cross left for a drink in Madeira Beach. Ellery, 10, was in
bed, and Christopher Abraham was asked to babysit.
Two hours later, they returned home and found him on the couch, and Ellery asleep.
"What if we would have just stayed home?" Pam Abraham asked, touching a gold cross around
her neck that holds some of her son's ashes.
'" miss him a lot," she said. "It's getting worse. You think it would get better, but the reality sets in
that this is going to be forever."
She yearns for his smile.
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'HUFFING' SUSPECTED IN DEATH
Youth May Have Been Inhaling Freon Taken From Air Conditioner
FORT WORTH - An 18-year-old found dead Tuesday morning behind his Fort Worth home with a
plastic bag over his head may have been inhaling Freon before his death, police officials said.
Family members said Danny C. Poole was last seen alive about 11 :30 p.m. Monday by one of
his brothers at the family's home in the 2400 block of Yeager Street. His father found the teen's
body about 8:30 a.m.
"His dad walked in the back yard this morning and saw him in a chair back there," said homicide
Sgt. Skeeter Anderson, who arrived at the teen's home to discover that the victim was a former
neighbor he had watched grow up.
Although investigators are awaiting autop-sy results, Anderson said, they think Poole may have
been "huffing" Freon because of the plastic bag and because an air conditioner had been
tampered with.
Huffing is the act of inhaling fumes that produce mind-altering effects and behavioral changes.
"I still don't believe this," the teen's father, Billy Poole, said Tuesday. "I've had talks with my boy.
This is just stupid. It doesn't make sense to me, but it happens. He was a very pretty young
boy. He had his whole life ahead of him."
Police say inhalant abuse is seen mostly among younger teens. The average age of first use of
inhalants is 12.2, according to a 2000 study of Texas secondary students by the Texas
Commission on Alcohol and Drug Abuse.
Billy Poole said he had asked his son if he was huffing Freon after the home's air conditioner unit
kept running low on the cooling agent.
"I had asked him because the man who services my unit said a lot of kids were doing that
nowadays," Poole said.
But Danny Poole had denied it.
Cautious anyway, Billy Poole said, he wrapped tape around part of the air conditioner to keep
anyone out. On Tuesday morning, police found that the tape had been disturbed.
"This isn't the way I wanted to find out," Billy Poole said.
Dr. Jim Cox, an emergency physician at Harris Methodist Fort Worth hospital, said teens abuse
inhalants to get high.
''What happens is they become hypoxic, which is low oxygen. Particularly if you have a plastic
bag over your head filled with freon, where's the oxygen? It's not there."
Cox said the lack of oxygen fills the teen with a euphoric sensation, "but that's on the way to
death."
"There's not a lot of in between that we've seen with this," Cox said. "You're either dead or you're
damaging yourself."
Billy Poole said his son was a former Eastern Hills High School student who planned to retum to
school in the fall and liked to oil paint. He said he suspects that someone may have been with his
son at the time of his death.
"Danny was a very loving, easygoing boy who liked to follow the crowd," Billy Poole said. "He
always wanted to be part of the crowd. That's what upsets me about all this. ... There might
have been time for me to call an ambulance."
Anderson said that police are looking into the possibility that others could have been present but
that they had no indication of that Tuesday.
Billy Poole said he hoped other parents will read about his son's death and make sure their own
children aren't huffing. Among the red flags are low levels of Freon in air conditioners when there
is no detectable leak, and remnants of plastic garbage bags in the yard, he said.
"My little Danny. My buddy. I don't have him no more," Poole said, his voice cracking.
"Somehow I'm going to get this message out to the kids, if I've got to walk up and down the
street. They've got to quit doing this. They've got to quit doing this."
6E
/" -
"''1 .~-
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It may seem like harmless fun, but ... Huffing can kill
By SAMEH FAHMY
Staff Writer
A lazy summer day turned deadly for 16-year-old Ricky Stem of Old Hickory, and the "harmless
fun" that killed him is becoming more popular among youth.
Ricky was on summer break from high school nearly 10 years ago when his father came home
and found him lying dead on his bedroom floor. Ricky was "huffing," or inhaling household
chemicals to get a dizzying high.
While overall drug use among teens is declining, inhalant use is on the rise. It's especially
prevalent in Tennessee, which ranks seventh in the nation for inhalant use.
Experts say ignorance is the reason huffing is so popular: Parents often don't know what huffing
is - let alone the warning signs - and children vastly underestimate the risks.
"Many times kids that would not try an illegal drug would try an inhalant, thinking it's harmless
fun," Ricky Stem Sr. says. "And it's this 'harmless fun' that killed our son."
Parents unaware, access easy
Ricky Stem was inhaling Freon that he tapped from his parents' home air-conditioning system,
but he literally could have used more than a thousand other products. Nearly any type of solvent
can be used as an inhalant.
According to the non-profit National Inhalant Prevention Coalition, some common inhalants
include compressed air used to remove dust on computers, rubber cement, spray paint, nail
polish remover, lighter fluid and the aerosol from vegetable cooking spray and dessert topping.
Anesthetics such as nitrous oxide or ether can be abused as well.
The products are sprayed into plastic bags or soda cans or onto rags, then inhaled.
Ricky's parents learned that their son had experimented with inhalants with a friend, and that the
boys would take turns pulling a Freon-filled bag off each other's head. When Ricky died, he was
alone; no one was there to pull the bag off. He died instantly of cardiac arrest in what's often
referred to as sudden sniffing death syndrome.
Ricky's parents had warned their son about illegal drug use, smoking and alcohol but had never
even heard the word "huffing" until their son died.
That day, a friend called the house to ask for Ricky, and Ricky's father, Ricky Sr., told him the
news. The teen's immediate reaction was to ask, "Was he huffing?"
"The kids know about huffing," Ricky Stem Sr. says. "The parents do not."
A growing problem
Huffing - also called bagging or sniffing - isn't a new problem. But it is a growing one.
6E
I 11
The annual Monitoring the Future Survey, a survey of 50,000 American eighth-, 10th- and 12th-
graders sponsored by the National Institute on Drug Abuse, found that in 2004, 17% of eighth
graders surveyed said they had used inhalants. Unlike other drugs, inhalants are used more by
younger adolescents.
That number is up 1.5% from the year before, and experts fear it signals the start of a steady rise.
Inhalant use peaked at 21% in the 1996 - the year Ricky died - and 1997. Harvey Weiss,
executive director for NIPC, says inhalant rates began to drop after several large awareness
campaigns warned about the dangers. Those campaigns have tapered off, and inhalant use has
risen accordingly.
"Schools need to talk about it, parents need to talk about it and kids need to understand that
these are poisons," Weiss says.
Like alcohol, inhalants act as central nervous system depressants. They give users a quick
euphoric rush followed by a bit of wooziness. The effects fade quickly, which makes inhalant use
difficult to detect and also gives children the misconception that inhalants aren't dangerous.
Users also can choke on plastic bags or suffocate, and inhalants can cause the heart to beat
irregularly, and - as in Ricky's case - lead to cardiac arrest.
"Any episode, whether it be the first or the fifth episode, can be a fatal episode," Weiss says.
Because of this risk of sudden sniffing death syndrome, Weiss says parents should never startle
or confront children while they're using inhalants.
Since many death certificates list accidental death as the cause of death for inhalant users, there
are no reliable statistics on inhalant death rates. Weiss says he hears of about 100 to 125 youth
every year who die from inhalants.
Even if they avoid sudden death, inhalant users risk causing severe and permanent damage to
their brain, heart, kidney, brain, liver, bone marrow and other organs. Inhalants can also be
physically and psychologically addictive.
Education, awareness crucial
In response to the problem of inhalant abuse, some products, such as CleanSafe Dust Remover,
have added an ingredient that gives the spray a bitter taste to deter intentional inhalation. Some
retailers such as Wal-Mart require that people be over age 18 to buy certain products.
But the sheer variety of products that can be inhaled means that those efforts won't eliminate the
problem.
Most states have adopted legislation designed to reduce inhalant abuse. In Tennessee, using
inhalants or possessing products with the intention of using them as inhalants is a misdemeanor
punishable by a maximum sentence of up to a year in prison and a maximum fine of $2,500.
Knowingly selling or giving away products that will be used as inhalants is a felony punishable by
a minimum of one year in prison.
Weiss says Tennessee's law is a relatively tough one, but argues that legislation alone won't
solve the problem.
"Education and awareness are the keys for inhalant prevention," he says. "You can't legislate the
problem away. If we could, no one would be smoking pot."
Last month, Weiss had a meeting in Nashville to brainstorm ways to raise awareness of inhalant
abuse. Nearly 20 people showed up.
At the meeting, the Tennessee Poison Center agreed to send inhalant information next year as
part of its Poison Prevention Week package, which reaches 600,000 people. Metro Nashville
police agreed to work to get information to officers on how to identify inhalant abusers. A
pediatrician offered to distribute inhalant information to other pediatricians.
It's this kind of grassroots effort, Weiss says, that can make a difference.
At the meeting, Stem shared her story as she's done countless times before. She speaks to
churches, schools, community groups and businesses, and has appeared on Good Morning
America. She makes it a point to remind people that her story isn't just another sad tale. She says
that inhalant abuse can be stopped if parents and the community will take the time to educate
youth.
"I always use the acronym R-I-C-K-Y," Stem says. "Remember inhalants can kill you."
, f
"
"Loving, innocent, precious young man and huffing victim..:'
Posted by Michel Townsend, Tyler Aubrey's mother
[Tyler Aubrey Townsend, Age 14]
I can't believe I am sitting here writing this. This is my worst nightmare come true. There
is no greater pain than losing a child and I pray that what I am placing here will be a
wake up call for other parents and maybe prevent another child's needless death. I WAS
IGNORANT - PLEASE DONT LET IT HAPPEN TO YOU
My sons name is Tyler Townsend. He left this world only 10 days ago. Tyler was 14
years old and was in Junior High School. He had those beautiful blue eyes and that
charming smile that could light up a room. He loved and always hugged everyone and
never met a stranger. I wish I had held him in my arms more and I miss the good night
kisses and hugs. He was not just my son, he was my best friend.
We had had a few normal problems with Tyler such as grades, chores and once he even
took a joy-ride in my car. He was just a teenage boy, but he was always glad and willing
to help anyone out. We had several projects going and even a business in the works that
he knew would be his one day.
He loved to draw, play with his hot wheels out in the dirt and mud, and write stories. He
loved his 4-wheeler and big trucks. He had grown over 5 inches since last spring and his
voice was changing. He even started taking more care in the way he dressed and was
becoming a fine young man. He would pick on me now since he was taller than me and I
had to look up at him a bit.
THIS IS THE TRAGIC STORY OF AN INNOCENT YOUNG MAN AND HOW HIS LIFE
ENDED - I FEEL MINE ENDED ALONG WITH HIM.
On February 5th, 2007 Tyler came home from school around 3:40 P.M. We talked a bit
because he didn't have a good day at school. He had been a little hyped-up at school
6E
'I' 'I
but didn't get into trouble, the teacher had just warned him. While we were discussing it
he told me "Mom, some days are gonna be good and some days are gonna be bad days
at school." I told him I understood and that he needed to try to make most days good
days. He was supposed to get his report slips that week and was actually looking
forwa rd to it.
Tyler went into the living room, turned the TV. to Sponge Bob and then went outside
and brought our 2 dogs inside from the pen. He sat in the den a while watching T.V. I
asked him if he wanted a snack and he said he wasn't hungry. I asked what he had for
lunch and he said he didn't eat lunch -- he wasn't hungry at school. I then told him to go
get some chips that he needed to eat something. He played with the dogs while
watching T.V.
His step-dad who doesn't like the dogs inside called and said he would be home in about
25 minutes from work. I told Tyler we need to put the dogs up in a little bit because he
would be home. His mamaw called and she and I talked then I gave Tyler the phone.
They talked a bit. Tyler waited about 10 minutes then took Little Bit back to the pen. He
then came back in to get Daisy and asked me what was for supper. I said, "Fried pork
chops." He said "Yum that sounds good." Then he took Daisy outside to the pen.
His Uncle Robert called on my cell phone wanting to talk to Tyler and thank him for the
birthday present Tyler had given him the week before. With my cell phone in hand, I
walked outside to hand Tyler the phone and found him lying face first in the grass -- I
screamed into the phone for Robert to get here -- something was wrong. I turned Tyler
over while dialing 911 (4:59 P.M.) and saw his mouth was full of grass, his eyes were
fixed and he was turning blue. I was trying my best to do CPR on him, but I was never
trained. I was screaming for God to help me -- "Please don't do this to me!" Robert
arrived within 2 minutes. He took over doing CPR. We were both screaming. Robert
continued doing CPR and Hearne got home about 10 minutes later. Hearne took over
CPR and the ambulance finally arrived 10 to 15 minutes later.
They shocked him and continued CPR for quite some time. They finally loaded him in
the ambulance and we followed. We could see them through the back glass continuing
the CPR all the way to the hospital. When we would see them stop, our hopes were high
only to be let down by seeing the other EMT swapping positions.
We arrived at the hospital to find all of our family had beaten us there. After giving our
insurance information, we were allied to a room and were told "Tyler didn't make it." The
cries that filled that room and the pain and anger were enough to kill someone in itself. I
never want another parent to have to suffer this.
We were told since Tyler was only 14 that there would be an autopsy. I wanted to be
with my child and finally got to go to where his body was. They took me to a room and
we waited, held his hand, kissed him and prayed to God to please accept my son into
his arms in Heaven. I kept waiting for someone to tell me this was all a bad dream and
still am waiting. The car to transport his body to Jackson arrived and we were asked to
leave. How could my child be dead? What had caused this?
The coroner called me after doing the autopsy. He said he could not say what caused
his death until the toxicology report came in which may take three weeks. I begged him
to please give me an idea and he said that he suspected. "Huffing gasoline" but couldn't
be sure until the toxicology report. We are still waiting on that.
Tyler's Uncle and Hearne told me they smelled something that was an odor like gas
when doing CPR on Tyler -- I guess I was in too much of a panic to notice any smells.
Tyler's friends from school showed up at my house and informed me that huffing is
talked about in school all the time. I was never aware of such a thing and had not heard
of it. If this is indeed what killed my son then he was never made aware that the ultimate
consequence would and could be death.
Parents -- take this as a wake up call! My son was a great child -- he never was into
drugs - WE WOULD OF NEVER THOUGHT THIS!! THIS CAN KILL INSTANTLY.
We always thought we were protecting him from the bad things and bad influences.
There is so much that kids are doing now that we are not aware of -- things that can kill
swiftly and silently.
Please ask your children if they have ever heard of huffing and you might be shocked at
what they have to tell you. Get educated on this and what signs to look for.
I feel like Tyler was experimenting and I am sure he did not know it could kill him. He
had no intention of leaving us that dreadful day.
A parent should never out-live their child.
6E
Joseph Carrado, MSc, RPh, Tox Talk Sept-Oct 1987, Vol 1 Issue 3
A 14-year old male was found in the field in full cardiopulmonary arrest. He was holding a plastic
bag and had a white powder residue around his lips. A canister of Dylek (Freon 12) was found
nearby. Despite aggressive resuscitative efforts, the patient expired.
Recently, The Poison Control Center has received several calls (with one reported death)
concerning teenagers abusing freon-containing products. These products are intended for use in
recharging automobile air-conditioning systems.
Solvent abuse, defined as the intentional inhalation of volatile organic chemicals for recreational
use, is by no means a recent phenomenon. In fact, it was fashionable for nineteenth century
adults to misuse nitrous oxide, ether and chloroform. Today, however, most solvent abusers are
young males and the majority of abused products are organic solvents, hydrocarbon mixtures and
aerosol propellants.
Solvents are either "bagged" (sprayed in a plastic bag placed over the head) or "huffed" (inhaled
fumes from a solvent-soaked cloth). Products commonly abused include toluene, xylene,
gasoline, tetraethyllead and acetone.
Another group of abused products are the fluorinated hydrocarbons or freons. Freons are
commonly used as refrigerants and propellants in many types of aerosol products. They are very
toxic when inhaled in high concentrations and/or for extended periods of time. At lower
concentrations or after a brief exposure, freons may cause transient eye, nose and throat
irritation. There is significant interpatient variation and it is difficult to predict which patient will
exhibit symptoms following exposure.
Sudden death has been reported following intentional sniffing of fluorocarbon aerosol propellants.
Initially, these deaths were believed to be caused by suffocation from the plastic bags used for
inhalation. Subsequent studies have shown that the cause of death appears to be ventricular
fibrillation due to direct sensitization of the myocardium to endogenous circulating
catecholamines. This sensitization is unpredictable based on frequency or duration of freon
abuse.
Treatment is directed at reversal of life-threatening symptoms. Cardiopulmonary resuscitation
may be necessary and should be attempted, although patients rarely respond at this stage. The
use of catecholamines in life support may aggravate the patient's condition. Phenytoin has been
found to improve atrioventricular conduction and negligibly affects intraventricular conduction. A
calm, quiet atmosphere should be provided to prevent adrenalin surge if the patient is seen
before the onset of cardiac arrhythmias. For limited or accidental exposures, the patient should
be moved to fresh air and monitored for respiratory distress. If a cough or dyspnea develops
evaluate for respiratory tract irritation, bronchitis and pneumonia.
The breath of death hits teens
By Bob Wagner
It was the day after Halloween when Erica Knoll's body was found by her sister in the
bedroom of their home in Bowie, Md. Beside her lay a can of Dust-Off computer spray,
which Erica had "huffed," or inhaled, to get high.
David Manlove, 16, ofIndianapolis, took his last breath four years ago after he inhaled a
generic computer duster. Manlove inhaled the substance through a straw while
underwater in a pool because it was supposed to intensify the high.
Jimmy Smith died at 17. He had been inhaling butane that powered a hand torch he used
to make computers in the garage of his Avon Lake, Ohio, home.
Such tragic deaths are part of an alarming trend among American teens who are searching
for the easiest and cheapest way to get high.
While computer cleaners like Dust-Off may be the inhalant of choice, experts say more
than 1,000 household products can be used to get high-sometimes to deadly effect.
Huffing isn't new, of course. In the 1960s, teens looking for a cheap high sniffed glue,
and so-called inhalant abuse climbed steadily. Inhalant abuse peaked in 1995, when the
Partnership for a Drug-Free America began an advertising campaign to educate parents
on the dangers of huffing. For the next seven years inhalant abuse declined, until a recent
upswmg.
Nearly one in five U.S. children have abused inhalants by the eighth grade, according to a
2004 survey conducted by the University of Michigan. And the Centers for Disease
Control in Atlanta lists inhalants as the second most commonly used drug by youths after
manJuana.
What's more, technology is fueling the surge in huffing. With instant messaging and text
messaging, new ways to get high can "spread like wildfire" among kids, according to
Chris Cathcart, president ofthe Consumer Specialty Products Association.
That may explain the popularity of Dust-Off, whose sales to minors have been restricted
by mass-market retailers like Wal-Mart.
Dust-Off "is a very safe product under normal circumstances," said Phil Lapin, president
and owner of Falcon Safety Products in Branchburg, N.J., the product's manufacturer.
"We don't think statistically our product is any more abused than any other," he said,
criticizing the sales restriction.
t~ 6 .r-
. .~
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In fact, the chemical propellant used in Dust-Off is common in the aerosol industry, and
Dust-Offrepresents less than 1 percent of the aerosol industry's annual domestic sales of
3.5 billion units.
Because products from Reddi-wip to Wite-Out correction fluid are accessible and cheap,
they serve as an entry-level drug for kids who later gain access to marijuana or cocaine,
said Dr. Lloyd Johnston, lead researcher of the University of Michigan survey.
About 125 kids die from huffing each year, according to Harvey Weiss, executive
director of the National Inhalant Prevention Coalition.
"The real number is probably larger, because many inhalant deaths go unrecognized," he
said. Manlove, the teen who died while huffing in a pool, for example, was listed as
drowning on the coroner's report, according to his father.
Most huffing deaths result from a lack of oxygen flow to the brain, a type of suffocation,
doctors say, which can afflict even first-time users.
"It's really Russian roulette," said Dr. Maher Karam-Hage, an addiction-treatment expert
at the University of Michigan.
"Kids are going after the knockout sort of experience," he said.
Huffing produces a fleeting high--typically 10-15 seconds. So kids repeatedly inhale to
keep the high going.
"That's the danger of huffing," said Karam-Hage. "The lungs deliver the chemicals to the
brain so quickly." Unlike alcohol, in which impairment comes gradually, it's difficult to
know how much you can tolerate with huffing, he said.
Health hazards for huffing survivors also are alarming and often not fully understood by
users or their parents.
"A long-term abuser can literally end up with holes in the brain," said Karam-Hage,
while some become trapped in a permanent psychosis or experience chronic paranoid
hallucinations.
More commonly, though, chronic inhalant abusers experience memory and attention
problems, as well as damage to organs like the heart, liver and kidneys.
Diane Stem of Old Hickory, Tenn., lost her son, Ricky, 16, to huffing in 1996. "My
husband and I were caught completely off guard" by his death, she said.
Ricky--an all-state baseball pitcher for Friendship Christian High School--had no history
of drug use and was the youngest of Stem's 10 children.
6[
"Ricky was from a very close family," Stem said. "He was a leader in the church youth
group. Of course we warned our kids of the dangers of drugs, but we didn't know
anything about huffing."
To Stem, Ricky's death should be a warning to all Americans. Huffing is a hidden killer
that can devastate "any family, in any walk oflife," she said. Ricky died from inhaling
Freon he extracted from the family's air conditioner.
"I hear it over and over and over again," she said. "Kids from good homes die from
huffing, and parents say they didn't know to warn them because they didn't know about
huffing.
"You can't get away from this," she added. "These products kids abuse are everywhere.
They're products that make our lives easier."
David Manlove's mother, Marissa, said she cautions parents to watch for danger signs in
their teens' behavior.
"When cleaning products start showing up in a teen's bedroom, you should be
suspicious," she said. "Or if you smell air freshener, they might either be huffing the
freshener or using it to disguise other smells."
Medical experts say red eyes and sudden changes in temper are also telltale signs of
huffing.
Jimmy Smith, the Ohio teen who died from huffing butane fuel, was a very intelligent kid
who talked about becoming a priest, his father, Jim, said.
"He didn't use any drugs that we were aware of. He didn't smoke, he didn't drink," he
said.
"There's so many products that can be abused," he added. "What are you going to do? All
you can do is minimize the risk by talking about it. "
In fact, parental warnings have shown to have a huge impact. The White House's Office
of National Drug Control Policy cites studies showing kids are 50 percent less likely to
try inhalants if parents warn them of the dangers.
Parental involvement is critical, said Weiss ofthe National Inhalant Prevent Coalition,
because many teens might see Dust-Off as "just canned air" and underestimate its
harmfulness.
"A much stronger approach is to describe the products as poisons, not drugs," Weiss said.
"It's real easy to talk to kids about poisons. 'Would you drink a can of gasoline?' you can
ask them. Because that's what huffing is like."
Inhalant linked to jumping death
By Jason Auslander, November 28, 2006
An 18-year-old who died last summer after jumping from a moving convertible and
hitting his head on the street had a chemical found in aerosol sprays in his blood,
according to a toxicology report.
The analysis of Noah Macias' blood by the state's Scientific Laboratory Division in
Albuquerque found he had difluoroethane in his system, according to the toxicology
report released Nov. 17 by the Office of the Medical Investigator.
Difluoroethane -- also known as Freon -- is a liquid gas refrigerant used in numerous
household products, including hair sprays and deodorants, according to a Web site
run by the National Institutes of Health. It is also used as an aerosol propellant in
cans of compressed air used to clean computer parts and film negatives.
In low concentrations, difluoroethane can cause narcotic effects, according to an
online safety sheet by one of its manufacturers, Air Liquide of France.
Macias died of head injuries in July after he jumped from the back seat of a 1983
Chrysler Lebaron on Rodeo Road. Two others in the car with him told police they
knew of no reason why Macias suddenly leaped out of the car onto the busy street.
No alcohol or drugs were found in the car, and the driver did not appear intoxicated,
police said at the time.
According to medicinenet.com, several teens have died after inhaling difluoroethane
from a popular computer cleaning spray called Dust-Off.
About a month after Macias' death, Santa Fe Councilor Carmichael Dominguez
introduced a bill that called for the city to regulate the sale of aerosolized computer
keyboard cleaners in the same way it regulates the sale of spray paint and glass-
etching agents. The council approved the proposal in September, and the law is set
to go into effect Jan. 1. It bans sales to people under age 18 and requires the
cleaners to be monitored at all times.
In an interview Monday, Dominguez said he knew Macias well because the boy
worked on his campaign, but the councilor didn't introduce the law because of his
death. He said the timing of the bill was coincidence, and he learned of the problem
while talking to students when he was a Santa Fe Public Schools board member.
Dominguez did not want to comment on the toxicology findings.
Dominguez said he met Macias through one of Dominguez's nephews, and he knew
him for two or three years. "He was just a very wonderful boy to be around," he
said. "He was full of life and full of energy."
Macias' father declined to comment Monday.
Adults Do It Too
,
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; I' 1 '-.
Adults Also Abuse Inhalants
While adolescents are the primary group abusing inhalants, a study by the Texas
Commission on Alcohol and Drug Abuse (TCADA) found that adults also abuse
inhalants. An analysis of 144 Texas death certificates involving misuse or abuse of
inhalants from 1988 to 1998 indicates that the average age of those who suffered inhalant
deaths was 25.6 with ages ranging from 8 to 62. In the same analysis of Texas death
certificates, TCADA found that the most frequently mentioned inhalant (35%) was Freon
(51 deaths). Of the Freon deaths, 42 percent were students or youth (mean age of 16.4
years), and 37 percent were involved in occupations where Freon was readily available.
Source: Texas Commission on Alcohol and Drug Abuse, Substance Abuse Trends in Texas: June 2001.
6E
Man arrested for huffing Freon
Tampa Bay's 10 News and the Sarasota Sheriffs Office
Sarasota, Florida -- Police in Sarasota have arrested a man
accused of getting high by huffing Freon from an AC unit.
Officers were called to the 1100 block of Villagio Circle
Wednesday morning to investigate a report of a suspicious man
lying on the ground near the air conditioning units.
Officers located the man and found him to be very unstable on his
feet and uncoordinated in manner.
The man, 40-year-old Timothy Alan Bennett, told the officers that he was fixing the air
conditioner. Further investigation by the officers revealed a hose attached to an outlet on the unit
which released the AlC refrigerant Freon.
The officers eventually found that the subject had been stealing the Freon from the units by
inhaling it. He told police that it made him "high".
The area was further inspected and it was discovered that a total of 31 AlC units were empty of
Freon. Replacement cost of Freon is approx. $100 per unit.
Bennett was arrested and charged with criminal mischief and inhalation of a harmful chemical
substance.
6E
Freon Death
12/5/2005
By Hannah Langford/WCJB TV20 News
It's a cheap way to get high, but it can be deadly. One woman in our area may have lost her
life to it.
26 year old April Piety was found unconscious behind her Southwest Gainesville apartment
complex Saturday morning. Police say she later died at Shands AGH, apparently after inhaling
freon, a coolant used to chill air in air conditioners. Doctors say inhaling freon, or "huffing" is
not uncommon.
"Even in town, people will call their air conditioner repairmen saying their air conditioner is
broken down and when the technician comes out he discovers it didn't really break down,
someone opened the valve and sucked all the freon out of the air conditioner," says UF
Pharmacy Professor Paul Doering.
When freon or other inhalants get together in the body with adrenaline, the combination can
cause the heart to beat irregularly, and if it's irregular enough, blood does not circulate to vital
organs, and that's when death can occur.
6E
Huffing: A Senseless Tragedy
by Don Langston Contracting Business - 09/03
6E
It was one year ago that my company experienced a tragedy that continues to affect me and my
staff deeply: the senseless death of one of our service technicians. Our loss holds lessons for the
entire industry.
It all began around 2:30 p.m. on August 13, 2002 when my
cell phone rang three times in a row while I was in our
monthly Cal-ACCA board meeting off-site. I usually let my
calls go into voice mail and retrieve them at a convenient
opportunity, but I knew something was wrong. Little did I
know what a tragic impact these calls would have on so
many people as the afternoon unfolded into a very long
night.
Our service dispatcher for San Diego County placed the
calls. He told me he couldn't make contact with one of our
technicians, who had been scheduled to service a
customer's restaurant in Carls bad that moming. All of our
vehicles are equipped with location tracking devices, so we
knew the technician arrived on site at 8:00 a.m. - and the
van hadn't moved since. The dispatcher had been trying to
contact the technician via phone and pager for the last two
hours, with no response.
We immediately called the customer and began to ask questions: 'When was the last time you
saw him? Did you talk to him? Did he seem ill?" What was puzzling was that the technician's van
was parked in front of the customer's restaurant, in plain view. We wondered: "Could he be
asleep in the van? Could he be up on the rooftop hurt, unable to climb down the ladder?"
Our customer offered to investigate. He walked around the van, which was locked, but didn't see
our technician. He went up on the roof; again, no sign of him. What the customer did find was our
technician's tool bag, with several hundred dollars worth of test meters, a cordless drill, and hand
tools, in the restaurant kitchen. We all know technicians don't leave their tools behind. At this
point, we grew quite alarmed and knew something was seriously wrong.
I immediately decided to drive down to Carlsbad to investigate personally. My father, our
company's founder, joined me. As we drove we considered various scenarios - none were very
pleasant or added up to anything logical. However, nothing prepared us for what we were to find.
Once we arrived, I visually inspected the van. Both the windows in the cab were tightly shut and
nothing looked out of place. The van had no rear or side windows, a configuration we choose for
security reasons. I opened that driver's door and looked around the cab. Nothing seemed
suspicious. It was almost an afterthought to check out the rear of the van, before preparing to
drive the vehicle back to our office. It was here that we found our missing employee.
Our 27-year-old technician was leaning forward, in a kneeling position. A refrigerant hose
attached to a new 30-lb. cylinder of HCFC-22 was in his mouth. His face was discolored from the
freezing effect the refrigerant has on soft tissue. Upon looking at his face and the contorted
position of his body, I knew he was dead. The 911 call brought the police, fire, and paramedics,
and then the crime scene and coroner's investigators.
Over the next several hours my father and I were educated about "huffing," a term used for the
intentional inhaling of refrigerants with the goal of getting high. Over the years we have had a few
refrigeration systems that were out of gas with the caps missing, but we chalked it up to kids
trying to find a cheap buzz. I never would have thought an EPA-certified technician who had
worked for us almost three years would want to intentionally inhale refrigerant.
I began to recall two accidents that occurred over the last few years when he had received
refrigerant and welding burns. Both these injuries had been superficial burns to the hands and
legs. Our technician dismissed them to faulty refrigerant hoses and old refrigerant access valves
that broke suddenly while he was in a hurry to finish his work.
At the time I took his explanations at face value. Looking back, these were potential warning
signs of something far more dangerous. The detectives theorized that he was inhaling refrigerant
over the last few years and was probably losing consciousness with the refrigerant still flowing
from the drum through the hose. The refrigerant was probably burning his skin until he regained
consciousness.
As the police documented the accident scene, we learned that huffing-related deaths are not
uncommon. This statement from the detectives seemed unbelievable. Our technician, a smart,
likable young man who had a bright future ahead of him, had purposely inhaled refrigerant vapor.
He ended up losing consciousness, and ultimately suffocated to death in the back of a sealed
van. The entire 30 pounds of refrigerant had been emptied into his body and the interior of the
van.
After our technician's body was removed and the coroner's representative completed the
documentation, the police released the van to us. I had the unenviable job of driving it back to our
office.
It was an eerie ride back to Orange County. While driving, my emotions went from sadness to
anger for a young life that ended so tragically. The whole notion of someone choosing to inhale
refrigerant vapor that would damage the lungs, throat, and who knows what else, had me shaking
my head in disbelief. "How could we have prevented this?" I asked myself. 'What could we have
done differently?"
That is why I've written this article: to make others in our industry aware of this problem. I hope
that this was an isolated incident, but it's something every owner needs to know about.
Be aware of your refrigerant usage. If you have technicians who are receiving reoccurring
refrigerant burns or who are claiming to have been burned with a torch, sit down with them and
discuss their accident in detail. Ask them if they have ever heard of huffing. The conversation
may be a little uncomfortable, but it will be worth it if a life is saved.
Waming From the Lucky Ones
6E
Out of Body Hallucination of Death
by scott024 http://www.erowid.org/experiences/exp.php?ID=12731
Inhalents will kill pretty easily, here's my story, listen up. About six years back me and a friend of
mine were hanging around, bored, and we'd heard about huffing freon from a friend. I decided to
try it. This stuff is incredibly addictive. I did it for about three days, about 30-40 times a day. The
last time I huffed I nearly died.
I was sitting there huffing, I'd get high, loose comprehension, wake up, and do it again, and so on.
Well about 10 minutes into this I passed out but I was still conscious it was weird, I had suddenly
was completely sober, and felt none of the effects of the freon. I wasn't in my body or anything,
instead I was in this black void, it felt real far away. I dont know if it was an out of body experience
or whatever but its nothing I'd ever been through or have since.
Well anyway I'm in this place, feels light years away and stuff. I'm looking at these two massive
chrome spheres and there passing this signal between each other. I could see the signal it was
this type of thing
o )))) 0
The signal would travel to the opposite sphere then it would go back
o (((( 0
I watched these things do this about three times, then something happened. The signal was
interupted by something, it stopped, the spheres lost communication and glazed over with a
grayish dead looking mist, they weren't shiny anymore. And I had this overwhelming conviction
that somehow I had just really royally messed up on a universally massive scale, I knew I had just
watched myself die. I dont know how I knew but it was the most powerful feeling of 'ohhhh god
no!' I've ever felt. I was dead.
The very instant this realization hit me, I mean 1 millisecond after I felt all of this, I was rushed
back to my body and woke up to just another summer day in texas. Blue sky and everything. Talk
about a second chance on life. So anyway I guess that is what almost dying looks like, and to
anyone looking to get a cool high by huffing anything, take it from me, it is not worth it. Its not
worth it on a scale that is beyond comprehension. You cant even believe the unworthyness of it. I
barely even can. Hopefully some idiot teenager, like I was, will read this and think twice about
huffing stuff.
So This is What Death is Like
by Anonymous http://www.erowid.org/experiences/exp.php?ID=18740
Back in the earlier days of my drug career drugs were hard to come by. So one day my friend and
I were trying to find a way to get cheaply blitzed. Freon came in to the conversation and my
curiosity peaked. So we went out back and hit up the neighbors AlC unit with a pen and a bag. So
simple i thought why didn't we think of this before? I soon found out time has a way of answering
stupid questions. So we went inside and took a seat on the couch. I huffed a lung full of the
'sweet' gas and held it for a about 7 seconds. As soon as I exhaled the darkness started creeping
into my vision. All I could think of was to not close my eyes.
Thinking and doing are two totally different things of course. The next thing I know I'm waking up
in a dark room with a fog all around me. Where the falk am I? I hear this wa-wa sounding voice
like the teacher on charlie brown which turned out to be my friends g/f. I suppose my brain
couldn't comprehend language anymore. So I'm sitting in this fog which seemed like forever and it
starts to really suck so I wake up on the floor back in reality. My friend told me I passed out and
wiggled off the couch. How can I do anything after I pass out I wonder. I blame it on siezures.
Anyway this shit is stupid. Talk about brain damage. Crush up morning glories if your bored.
6E
Signature of Supporters
Petition: SAFETY REFRIGERANT LOCKING CAP
Date: 02/26/2007
Location: htlp :llwww.thePetitionSite.com/takeaction/784369965
Signer's Name: Mona Casey
State: FL
Zip Code: 34104
Signer's Name: mark loser
State: FL
Zip Code: 34104
Signer's Name: Jennifer Ross
State: FL
Zip Code: 34102
Signer's Name: Terry Williams
State: TX
Zip Code: 76702
Signer's Name: Amber Auckerman
State: FL
Zip Code: 34112
Signer's Name: Inez Guerrero
State: NV
Zip Code: 89147
Signer's Name: Anonymous Cavanaugh
State: TX
Zip Code: 76522
Signer's Name: Eric Cruz
State: NV
Zip Code: 89147
Signer's Name: Jade Hays
State: FL
Zip Code: 34104
Signer's Name: Jesse Casey
State: NJ
Zip Code: 08724
Signer's Name: Oscar Perez
State: FL
Zip Code: 34120
Signer's Name: Leilanie Quintanilla
State: GU
Zip Code: 96931
Signer's Name: Hector Salvador
State: MP
Zip Code: 96950
Signer's Name: Robert Hinote
Slate: FL
Zip Code: 34104
Signer's Name: Lawrence Casey SR
State: FL
Zip Code: 34102
Signer's Name: Byron Donalds
State: FL
Zip Code: 34119
Signer's Name: Ron Matthews
State: NU
Zip Code: OX11 7HD
Signer's Name: Jackie Mays
Slate: NJ
Zip Code: 08721
Signer's Name: Jean Lorenz
Slate: FL
Zip Code: 34116
Signer's Name: Carmen Bo~a
State: MP
Zip Code: 96950
Signer's Name: Mistie Hoaglin
State: UT
Zip Code: 84403
Signer's Name: Sandra Williamson
State: CO
Zip Code: 80528
Signer's Name: Maria Vanegas
State: FL
Zip Code: 34135
Signer's Name: Tammy Lewis
Slate: FL
Zip Code: 34102
Signer's Name: Jennifer Jenkins
State: FL
Zip Code: 34104
Signer's Name: Walter Wirth
State: NA
Zip Code: 63517
Signer's Name: Kathleen Weber
State: FL
Zip Code: 34145
Signer's Name: Christopher Goodwin
State: FL
Zip Code: 34119
Signer's Name: sarah rapp
State: FL
Zip Code: 34102
Signer's Name: Sean Libbey
Slale: FL
Zip Code: 34119
Signer's Name: William T. Young
State: NC
Zip Code: 28348
Signer's Name: Amy Tumer
State: FL
Zip Code: 33913
Signer's Name: Ray Higdon
State: FL
Zip Code: 33912
Signer's Name: Diane Clementi
State: FL
Zip Code: 33914
Signer's Name: Deanna Bickford
State: FL
Zip Code: 34112
Signer's Name: Linda J Hillbold
State: FL
Zip Code: 33993
Signer's Name: Luisa L. Santos
State: MP
Zip Code: 96950
Signer's Name: Alisha Michels
Slate: FL
Zip Code: 34119
Signer's Name: Gary Young
Slate: FL
Zip Code: 34104
Signer's Name: Debbie Camelo
State: FL
Zip Code: 33912
Signer's Name: Catherine L. Ballinger
State: FL
Zip Code: 34104
Signer's Name: Ray Bartlett
Slate: FL
Zip Code: 33928
Signer's Name: shery carlen
State: FL
Zip Code: 33908
Signer's Name: Melody Klein
State: FL
Zip Code: 34134
Signer's Name: JP Hughes
State: FL
Zip Code: 34957
6E
Signer's Name: Elexia Hinote
State: FL
Zip Code: 34104
Signer's Name: Lori Young
State: FL
Zip Code: 34105
Signer's Name: Andrew DeLeon
State: TX
Zip Code: 77081
Signer's Name: Sharon Johnson
State: FL
Zip Code: 34104
Signer's Name: John MacMillan
State: NJ
Zip Code: 07719
Signer's Name: Eleanore A Gildersleeve
State: FL
Zip Code: 34104
Signer's Name: Michelle Yeckley
State: NJ
Zip Code: 08721
Signer's Name: Anthony Anderson
State: FL
Zip Code: 34104
Signer's Name: Paul MacMillan
State: NJ
Zip Code: 08723
Signer's Name: Brian D Fulton
State: FL
Zip Code: 33904
Signer's Name: Darlene Boehm
State: FL
Zip Code: 33904
Signer's Name: Dena Martin
State: FL
Zip Code: 33903
Signer's Name: Matthew Casey
State: FL
Zip Code: 34103
Signer's Name: Patricia Hillegass
State: FL
Zip Code: 34135
Signer's Name: GAYLE H. SERRA
State: FL
Zip Code: 33069
Signer's Name: V. K. Melhado
State: FL
Zip Code: 34103
Signer's Name: Tara Bradford
State: FL
Zip Code: 33967
Signer's Name: Lauri Lueth
State: FL
Zip Code: 34135
Signer's Name: Kathy Swingley
State: FL
Zip Code: 34102
Signer's Name: Bill Kramer
State: FL
Zip Code: 34103
Signer's Name: NANCY HAYES
State: FL
Zip Code: 34102
Signer's Name: Nancy Nankervis
State: FL
Zip Code: 34105
Signer's Name: Saleeta Cook
State: FL
Zip Code: 34108
Signer's Name: Andrea Guerrero
State: FL
Zip Code: 33901
Signer's Name: Denise Rubiano
State: FL
Zip Code: 34108
Signer's Name: Stanley Bryant
State: FL
Zip Code: 34103
Signer's Name: Lauren Bailey
State: FL
Zip Code: 34109
Signer's Name: Nancy DeFurio
State: FL
Zip Code: 34104
Signer's Name: evan flamer
State: FL
Zip Code: 34103
Signer's Name: Chelon Perez-Benitoa
State: FL
Zip Code: 34119
Signer's Name: Matt Vaill
State: FL
Zip Code: 34102
Signer's Name: Sharon S. Thoemke
State: FL
Zip Code: 34117
6[
Signer's Name: Phil Mendiola
State: MP
Zip Code: 50096950
Signer's Name: R. E. Hughes
State: FL
Zip Code: 34101
Signer's Name: Daniel Hussmann
State: FL
Zip Code: 33919
Signer's Name: Kelly LaPergola
State: FL
Zip Code: 34224
Signer's Name: Carla Azarius
State: FL
Zip Code: 34101
Signer's Name: Erika Donalds
State: FL
Zip Code: 34119
Signer's Name: Christopher J. Spina
State: FL
Zip Code: 34135
Signer's Name: Lawrence Casey
State: FL
Zip Code: 34104
Signer's Name: romana dejillas
State: MP
Zip Code: 96950
Signer's Name: Sawyer Armstrong
State: PA
Zip Code: 17777
Signer's Name: Chris Watson
State: FL
Zip Code: 33919
Signer's Name: Nancy Mac Millan
State: NJ
Zip Code: 08723
Signer's Name: Sandra Harper
State: FL
Zip Code: 33912
Signer's Name: A Brooks
State: FL
Zip Code: 34109
Signer's Name: Stella Campanelli
State: FL
Zip Code: 33414
Signer's Name: nick thompson
State: FL
Zip Code: 33971
Signer's Name: Denise Goss
State: FL
Zip Code: 33912
Signer's Name: isabella casey
State: FL
Zip Code: 34104
Signer's Name: Jeff Deily
State: FL
Zip Code: 33967
Signer's Name: Chris Campanelli
State: FL
Zip Code: 33414
Signer's Name: Jerry May
State: FL
Zip Code: 33972
Signer's Name: Bob Tomasso
State: FL
Zip Code: 33914
Signer's Name: cynthia pitts
State: NM
Zip Code: 88012
Signer's Name: Chelsea buchman
State: FL
Zip Code: 34106
Signer's Name: Jason R Potts
State: FL
Zip Code: 33904
Signer's Name: Brian Ballance
State: FL
Zip Code: 34112
Signer's Name: Mary Abell
State: FL
Zip Code: 33936
Signer's Name: Robert Brad Wheeler
State: FL
Zip Code: 33912
Signer's Name: Jennifer Kennedy
State: FL
Zip Code: 34116
Signer's Name: AI Driver
State: NJ
Zip Code: 07728
Signer's Name: Darren Kirby
State: AA
Zip Code: 00000
Signer's Name: Carol Armstrong
State: NJ
Zip Code: 07726
Signer's Name: marilyn urquiola
State: FL
Zip Code: 34116
Signer's Name: Greg Korean
State: FL
Zip Code: 33935
Signer's Name: Mike DiGrigoli
State: FL
Zip Code: 34117
Signer's Name: Gabrielle Blazina
State: FL
Zip Code: 34109
Signer's Name: John Kulesza
State: PA
Zip Code: 19067
Signer's Name: Christine Holmes
State: FL
Zip Code: 33903
Signer's Name: Jacqueline Goodwin
State: FL
Zip Code: 34119
Signer's Name: Giva Roberts
State: FL
Zip Code: 34116
Signer's Name: Gregorio Deleon-Guerrer Signer's Name: Rachel Trammell
State: MP State: FL
Zip Code: 96950 Zip Code: 33901
Signer's Name: Richard Ainsworth
State: MO
Zip Code: 63755
Signer's Name: Micki Wheeler
State: FL
Zip Code: 33967
Signer's Name: Susan Stockman
State: FL
Zip Code: 33912
Signer's Name: Brenda Brown
State: SC
Zip Code: 29582
Signer's Name: Jason Snyder
State: FL
Zip Code: 33993
Signer's Name: Alyssa Mattson
State: FL
Zip Code: 33917
6E
Signer's Name: Rowena DeLeon Guerrero
State: MP
Zip Code: 96950
Signer's Name: Mel Tenorio
State: MP
Zip Code: 96950
Signer's Name: Leanne Hope
State: FL
Zip Code: 34145
Signer's Name: Joey A Bailey
State: FL
Zip Code: 34104
Signer's Name: Sharon Woodard
State: FL
Zip Code: 34135
Signer's Name: janice bermonty
State: FL
Zip Code: 33904
Signer's Name: maria ramsey
State: FL
Zip Code: 34110
Signer's Name: Floreida Ocanas
State: FL
Zip Code: 34142
Signer's Name: Patricia Marker
State: FL
Zip Code: 34117
Signer's Name: James H Sing Jr
State: NJ
Zip Code: 08752
Signer's Name: Joyce Townsend
State: FL
Zip Code: 33914
Signer's Name: Kristi Kostera
State: FL
Zip Code: 33966
Signer's Name: Jason Roussel
State: FL
Zip Code: 33936
Signer's Name: Kiaya Riedhammer
State: NJ
Zip Code: 08753
Signer's Name: Cindy Ostebo
State: FL
Zip Code: 34695
Signer's Name: Sarah Hurtley
State: FL
Zip Code: 34145
Signer's Name: Holly Phillips
State: FL
Zip Code: 34103
Signer's Name: Lara Becraft
State: FL
Zip Code: 34104
Signer's Name: Ines Rebelo
State: FL
Zip Code: 33071
Signer's Name: Danny Giannetti
State: FL
Zip Code: 33065
Signer's Name: Nahida Buchheit
State: FL
Zip Code: 34112
Signer's Name: Joyce Peterson
State: FL
Zip Code: 34104
Signer's Name: Rose G Branda
State: FL
Zip Code: 34108
Signer's Name: Ed Henry
State: NJ
Zip Code: 07728
Signer's Name: Devin Pearl
State: FL
Zip Code: 34104
Signer's Name: Karie Green
State: FL
Zip Code: 33912
Signer's Name: Paula Arrubla-DiGrigoli
State: FL
Zip Code: 34117
Signer's Name: Debbi Fumi
State: FL
Zip Code: 34105
Signer's Name: rebecca grandinetti Signer's Name: L1SBET 0 RAMIREZ Signer's Name: arthur jacobs
State: NJ State: FL State: FL
Zip Code: 08722 Zip Code: 34112 Zip Code: 34105
Signer's Name: Kristi Kimmerle
State: NY
Zip Code: 10021
Signer's Name: Lucy F Coburn
State: NJ
Zip Code: 08846
Signer's Name: Tara Wenzel
State: NJ
Zip Code: 08620
Signer's Name: Edgar Feliz
State: NJ
Zip Code: 08742
Signer's Name: kathleen curatolo
State: FL
Zip Code: 34109
Signer's Name: James J Coburn
State: NJ
Zip Code: 08846
Signer's Name: Steve Fox
State: NJ
Zip Code: 07728
Signer's Name: Joseph Cranwell
State: NJ
Zip Code: 07728
Signer's Name: Marissell perez
State: FL
Zip Code: 33511
Signer's Name: Erin MacMillan
State: NJ
Zip Code: 07719
Signer's Name: Amanda Smith
State: FL
Zip Code: 34109
Signer's Name: Jo-Ann Hendrickx
State: FL
Zip Code: 34117
Signer's Name: Annamarie Mazieka Signer's Name: Maryellen Parker
State: FL State: FL
Zip Code: 34104 Zip Code: 34102
Signer's Name: Evelyn Shore
State: NJ
Zip Code: 07095
Signer's Name: Angela Geiger
State: FL
Zip Code: 34110
Signer's Name: Carleen Edwards
State: FL
Zip Code: 34104
Signer's Name: Gaile Bennett
State: FL
Zip Code: 33763
Signer's Name: Dee Whinnery
State: FL
Zip Code: 34109
Signer's Name: victoria ho
State: FL
Zip Code: 34102
Signer's Name: Melissa Rapatski
State: NJ
Zip Code: 08801
Signer's Name: Steven Tea
State: FL
Zip Code: 34112
Signer's Name: Rebecca Keele
State: FL
Zip Code: 34145
Signer's Name: Michael Kohlhagen
State: FL
Zip Code: 34112
Signer's Name: Threasa Miller
State: FL
Zip Code: 34108
Signer's Name: Erin Kuhn
State: FL
Zip Code: 34109
Signer's Name: Bruce Cook
State: FL
Zip Code: 34112
Signer's Name: Heidi Urciuoli
State: NJ
Zip Code: 08879
Signer's Name: Randi Rubin
State: FL
Zip Code: 33308
Signer's Name: olga jerome
State: FL
Zip Code: 34114
Signer's Name: Scott L. Salley
State: FL
Zip Code: 34112
Signer's Name: stephen sandy
State: FL
Zip Code: 34104
Signer's Name: Michelle Garner
State: FL
Zip Code: 34112
6E
Signer's Name: YOLANDA RODRIGUEZ
Slale: FL
Zip Code: 34117
Signer's Name: Susan Castro-Cabrera
State: NV
Zip Code: 89147
Signer's Name: shawn t mcgrail
State: FL
Zip Code: 34119
Signer's Name: Patrick Cabrera
State: NV
Zip Code: 89147
Signer's Name: Hannah Cardenas
State: FL
Zip Code: 34102
Signer's Name: Kristina Osbron
State: FL
Zip Code: 34104
Signer's Name: Santiago Munoz
State: FL
Zip Code: 34104
Signer's Name: Chris Hegley
State: FL
Zip Code: 34109
Signer's Name: Donna Hegley
State: PA
Zip Code: 15108
Signer's Name: Veora Marie Little CRNA
State: FL
Zip Code: 34105
Signer's Name: Sarah Campbell-Weigle
State: FL
Zip Code: 34104
Signer's Name: Chris Comer
State: NJ
Zip Code: 08330
Signer's Name: Yvonne Laconi
State: PA
Zip Code: 16001
Signer's Name: Melissa McCaffrey
State: FL
Zip Code: 34112
Signer's Name: Steven Donovan
Slate: FL
Zip Code: 34119
Signer's Name: Misty Hazard
State: CO
Zip Code: 80112
Signer's Name: Anita Michaels
State: MD
Zip Code: 21783
Signer's Name: Anne Rinaldi-Nonamaker
State: FL
Zip Code: 34112
Signer's Name: Kevin Martin
State: NJ
Zip Code: 07009
Signer's Name: Matthew Midkiff
State: FL
Zip Code: 32952
Signer's Name: Susan Wasek
State: VA
Zip Code: 22554
Signer's Name: Sandra C. O'Connor
State: FL
Zip Code: 34119
Signer's Name: Tracey Ramos
State: FL
Zip Code: 34104
Signer's Name: melanie Benfield
State: FL
Zip Code: 34117
Signer's Name: R Z
State: NY
Zip Code: 10016
Signer's Name: Mike Lastra
State: FL
Zip Code: 34112
Signer's Name: Edwina Bernita Robinson
Stale: GA
Zip Code: 30316
Signer's Name: Robin Reis
State: ME
Zip Code: 04268
Signer's Name: Steve Harvey
State: FL
Zip Code: 33920
Signer's Name: vera verga
State: FL
Zip Code: 34119
Signer's Name: Kevin Harvey
State: FL
Zip Code: 34109
Signer's Name: Gina Powell
State: FL
Zip Code: 32304
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Signer's Name: Crystal Gracia
State: CA
Zip Code: 92154
Signer's Name: Rhonda Ruesewald
State: TX
Zip Code: 77328
Signer's Name: Sharon Mena
State: AZ
Zip Code: 85304
Signer's Name: Cynthia Cooper
State: GA
Zip Code: 31021
Signer's Name: Lisa Flowers
State: FL
Zip Code: 33576
Signer's Name: Lasana Smith
State: NY
Zip Code: 11422
Signer's Name: Warren L. Heltsley
State: FL
Zip Code: 34110
Signer's Name: Stephanie Foster
State: FL
Zip Code: 34103
Signer's Name: Amber Geisler
State: OH
Zip Code: 45013
Signer's Name: Millisa Strickland
State: FL
Zip Code: 32828
Signer's Name: John W. Garner Jr.
State: WA
Zip Code: 98337
Signer's Name: Andrea Counts
State: WA
Zip Code: 98589
Signer's Name: Debby Geisler
State: OH
Zip Code: 45013
Signer's Name: missy b
State: PA
Zip Code: 15759
Signer's Name: Don L Williams
State: FL
Zip Code: 34102
Signer's Name: Gina Terralheiro
State: NU
Zip Code: L3R 3S2
Signer's Name: Beverly White
State: PA
Zip Code: 15208
Signer's Name: Felix Torres
State: FL
Zip Code: 34104
Signer's Name: Scott Roberts
State: FL
Zip Code: 34119
Signer's Name: Richard Torres
State: FL
Zip Code: 34104
Signer's Name: Jessica Horowitz
State: FL
Zip Code: 34119
Signer's Name: Geoff Walsh
State: FL
Zip Code: 34104
Signer's Name: Wendy Chase
State: FL
Zip Code: 33901
Signer's Name: dawn lawson
State: NJ
Zip Code: 08724
Signer's Name: Jennifer Bunnell
State: NJ
Zip Code: 08015
Signer's Name: Michael Bunnell
State: NJ
Zip Code: 08015
Signer's Name: Melody Malo
State: FL
Zip Code: 34116
Signer's Name: Ellen Wollman
State: FL
Zip Code: 34105
Signer's Name: Michelle Young
State: FL
Zip Code: 34117
Signer's Name: Aaron Gruber
State: FL
Zip Code: 34112
Signer's Name: Dawn M. Hall
State: MT
Zip Code: 59701
Signer's Name: Karen Schnetzer
State: FL
Zip Code: 34108
Signer's Name: Sandra Jeunesse
State: FL
Zip Code: 32257
Signer's Name: Lori Parham
State: FL
Zip Code: 32225
Signer's Name: Abbie Sladick
State: FL
Zip Code: 34104
Signer's Name: Lori Heakins
State: PA
Zip Code: 16056
Signer's Name: Jill Hegley
State: FL
Zip Code: 34109
Signer's Name: Laura Thorpe
State: MI
Zip Code: 48015
Signer's Name: Elizabeth Rafael
State: VA
Zip Code: 20176
Signer's Name: Jennifer Biddulph
State: NJ
Zip Code: 08758
Signer's Name: Dave Billy
State: FL
Zip Code: 34112
Signer's Name: Connie J. Dingler
State: OH
Zip Code: 44707
Signer's Name: Tiffany Melligan
State: NV
Zip Code: 89523
Signer's Name: Linda Munk
State: CO
Zip Code: 80526
Signer's Name: Nancy Norling
State: NJ
Zip Code: 08742
Signer's Name: candy pert
State: FL
Zip Code: 33597
Signer's Name: Pam Douglas
State: NY
Zip Code: 11372
Signer's Name: karen jabara
State: NJ
Zip Code: 08701
Signer's Name: Christopher Strickland
State: TX
Zip Code: 75429
Signer's Name: Anthea Martin
State: CO
Zip Code: 80223
Signer's Name: Bruce Keehn
State: NJ
Zip Code: 07746
Signer's Name: Celine Spotts
State: FL
Zip Code: 34117
Signer's Name: Michael LaVallee
State: NJ
Zip Code: 08724
Signer's Name: Victoria Sing
State: NJ
Zip Code: 08753
Signer's Name: Laurie Lattarulo
State: FL
Zip Code: 34104
Signer's Name: DENISE DONALDS
State: NY
Zip Code: 11434
Signer's Name: Patty McClimans
State: FL
Zip Code: 34109
Signer's Name: Paul Martin
State: NH
Zip Code: 03063
Signer's Name: denise bailey
State: FL
Zip Code: 34112
Signer's Name: Liz Mckissick
State: VA
Zip Code: 20180
Signer's Name: marie Schmitt
State: FL
Zip Code: 33936
Signer's Name: Tammy Lever
State: NU
Zip Code: T3G1R6
Signer's Name: chanee johnson
State: MS
Zip Code: 39211
Signer's Name: Karin Landau
State: FL
Zip Code: 34134
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Signer's Name: Joyce Rives
State: FL
Zip Code: 34109
Signer's Name: Stephen Klein
State: VA
Zip Code: 20171
Signer's Name: Debra Camacho
State: MP
Zip Code: 96950
Signer's Name: Bobi Milner
State: IL
Zip Code: 62704
Signer's Name: Donald King
State: FL
Zip Code: 34116-5912
Signer's Name: Lisa King
State: FL
Zip Code: 34116
Signer's Name: Amy McMullin
State: FL
Zip Code: 34104
Signer's Name: Stacy Schmitt
State: FL
Zip Code: 33936
Signer's Name: Dennis Moore
State: FL
Zip Code: 33948
Signer's Name: David Dunkleberger
State: PA
Zip Code: 18901
Signer's Name: Denise Vieceli
State: NJ
Zip Code: 07003
Signer's Name: Maria Schmitt
State: KS
Zip Code: 67207
Signer's Name: Elaine Secondo
State: CT
Zip Code: 06082
Signer's Name: Susan Casey
State: NJ
Zip Code: 08724
Signer's Name: Shawn Becraft
State: FL
Zip Code: 34104
Signer's Name: Franziska Eber
State: NU
Zip Code: 00000
Signer's Name: bill smith
State: FL
Zip Code: 34112
Signer's Name: Katee Leezer
State: IL
Zip Code: 62644
Signer's Name: Kim T
State: NJ
Zip Code: 07109
Signer's Name: Richard Artley
State: ID
Zip Code: 83530
Signer's Name: Thomas Pirovano
State: AA
Zip Code: 00000
Signer's Name: Stephanie Sherwood
State: NJ
Zip Code: 07753
Signer's Name: Paul MacMillan
State: NJ
Zip Code: 08730
Signer's Name: Doris Hegley
State: GA
Zip Code: 30907
Signer's Name: Erin Sullivan
State: NJ
Zip Code: 07748
Signer's Name: BARBARA ANDREN
State: NJ
Zip Code: 07720
Signer's Name: Ms Zentura
State: WY
Zip Code: 82604
Signer's Name: Ida Arocho
State: NJ
Zip Code: 08054
Signer's Name: Sheila Torres
State: FL
Zip Code: 34105
Signer's Name: Alison Davis
State: NJ
Zip Code: 08753
Signer's Name: crystal desilva
State: NJ
Zip Code: 08755
Signer's Name: Regina Hubbard
State: FL
Zip Code: 34104
Signer's Name: Arthur Farren
State: NJ
Zip Code: 08736
Signer's Name: heather riccardi
State: NJ
Zip Code: 08015
Signer's Name: Renee Wiercinski
State: NJ
Zip Code: 08050
Signer's Name: Debra Mcintyre
State: MN
Zip Code: 55364
Signer's Name: Lenyth Diaz
State: FL
Zip Code: 32825
Signer's Name: Stuart Emanuel
State: NJ
Zip Code: 08724
Signer's Name: Frances Emanuel
State: NJ
Zip Code: 08724
Signer's Name: Robyn King
State: NJ
Zip Code: 08753-3155
Signer's Name: Lorraine Ewart
State: AA
Zip Code: L5E 1Z9
Signer's Name: amy schumatti
State: NJ
Zip Code: 08826
Signer's Name: genice horta
State: FL
Zip Code: 33326
Signer's Name: Alice Mashburn
State: NC
Zip Code: 27330
Signer's Name: ROBERT STREBECK
State: TX
Zip Code: 76039
Signer's Name: Lisa Rinaldo
State: NJ
Zip Code: 08755
Signer's Name: Maria Sharrow
State: NC
Zip Code: 27530
Signer's Name: Rebecca Giudici
State: NJ
Zip Code: 07836
Signer's Name: Melissa Casey
State: FL
Zip Code: 34109
Signer's Name: dave sennett
State: PA
Zip Code: 17402
Signer's Name: Shirley ann Mendiola
State: MP
Zip Code: 96950
Signer's Name: Lawrence Smith, BA
State: GA
Zip Code: 31522
Signer's Name: Jennifer Comstock
State: NJ
Zip Code: 08753
Signer's Name: melanie lore
State: OH
Zip Code: 44052
Signer's Name: Jennifer L. Holloway
State: IL
Zip Code: 60471
Signer's Name: Anonymous B
State: NJ
Zip Code: 07203
Signer's Name: Sandra M. Smith
State: FL
Zip Code: 34117
Signer's Name: ROGER SMART
State: FL
Zip Code: 33936
Signer's Name: Billy Winn
State: FL
Zip Code: 33912
Signer's Name: Sherri Knafo
State: FL
Zip Code: 34113
Signer's Name: Tracy Ferguson
State: FL
Zip Code: 33913
Signer's Name: Dianne Lawrence
State: FL
Zip Code: 33919
Signer's Name: Nora Lockhart
State: FL
Zip Code: 33917
Signer's Name: SHEILA HOGGATT
State: FL
Zip Code: 33920
Signer's Name: LINDA SMART
State: FL
Zip Code: 33936
Signer's Name: Annah Whitaker
State: FL
Zip Code: 34117
Signer's Name: Karen Burns
State: FL
Zip Code: 33981
Signer's Name: Alexandria Kellogg
State: FL
Zip Code: 33903
Signer's Name: Aly Whitaker
State: FL
Zip Code: 34103
Signer's Name: Flor Hernandez
State: FL
Zip Code: 34104
Signer's Name: Claire Kruchten
State: FL
Zip Code: 34108
Signer's Name: Nicole Fernandez
State: FL
Zip Code: 34103
Signer's Name: Jessica Bankston
State: FL
Zip Code: 33917
Signer's Name: Karen Stillwell
State: TN
Zip Code: 37317
Signer's Name: Tiffany Berardi
State: NY
Zip Code: 11726
Signer's Name: cory richard
State: FL
Zip Code: 33931
Signer's Name: Judy Grubbs
State: FL
Zip Code: 33990
Signer's Name: Donald FeUion
State: FL
Zip Code: 33916-1327
Signer's Name: Donna Marshall
State: GA
Zip Code: 30096
Signer's Name: Amy D'Alessandro
State: FL
Zip Code: 33919
6E
Signer's Name: Scott Check (CoolAir Inc.)
State: FL
Zip Code: 33966
Signer's Name: Richard A. Sanos
State: MP
Zip Code: 96950
Signer's Name: Tammy Gubala
State: FL
Zip Code: 34116
Signer's Name: Tina Florell
State: NU
Zip Code: 00000
Signer's Name: Dawn Singleton
State: FL
Zip Code: 33905
Signer's Name: Pat Neace
State: FL
Zip Code: 33972
Signer's Name: Heather Humphrey
State: FL
Zip Code: 34120
Signer's Name: Bonnie Lawrence
State: FL
Zip Code: 33904
Signer's Name: Faith L. Eielson
State: FL
Zip Code: 34120
Signer's Name: Kimberly McKague
State: FL
Zip Code: 34116
Signer's Name: jackie evans
State: FL
Zip Code: 33950
Signer's Name: kris murphy
State: FL
Zip Code: 34104
Signer's Name: DeAnna Newman
State: FL
Zip Code: 33971
Signer's Name: Dawn E. Bencomo
State: FL
Zip Code: 34104
Signer's Name: Connie Fallon
State: FL
Zip Code: 34135
Signer's Name: Heather chaviano
State: FL
Zip Code: 33904
Signer's Name: JoAnna Lopez
State: FL
Zip Code: 34109
Signer's Name: Katharina Walker
State: GA
Zip Code: 30907
Signer's Name: kara luna
State: FL
Zip Code: 33971
Signer's Name: theresa parra
State: FL
Zip Code: 33971
Signer's Name: JANET DASHER
State: FL
Zip Code: 34117
Signer's Name: Christina Ramirez
State: FL
Zip Code: 33907
Signer's Name: Christine Portnoy
State: FL
Zip Code: 34119
Signer's Name: Julie Lucas
State: FL
Zip Code: 33928
Signer's Name: Randy young
State: FL
Zip Code: 33909
Signer's Name: Cynthia George
State: FL
Zip Code: 33903
Signer's Name: Tyne DeBow
State: FL
Zip Code: 33905
Signer's Name: james h sing
State: NJ
Zip Code: 08753
Signer's Name: KATHY KNOWLES
State: FL
Zip Code: 33936
Signer's Name: janine willin
State: FL
Zip Code: 33915
Signer's Name: Sabra Pierson
State: FL
Zip Code: 33177
Signer's Name: Kelly Torres
State: NJ
Zip Code: 07470
Signer's Name: Terry Lee
State: MI
Zip Code: 49047
Signer's Name: Karen Stricklin
State: FL
Zip Code: 33971
Signer's Name: Ashley Millot
State: FL
Zip Code: 34116
Signer's Name: Sharon Desch
State: FL
Zip Code: 34120
Signer's Name: Shauna Hallberg
State: FL
Zip Code: 34116
Signer's Name: Angela Ahearn
State: FL
Zip Code: 33966
Signer's Name: Teresa Smith
State: FL
Zip Code: 341 04
Signer's Name: JUAN AGRONT
State: FL
Zip Code: 33914
Signer's Name: Kathy Newton
State: FL
Zip Code: 34109
Signer's Name: Cristina Tuchbaum
State: FL
Zip Code: 33919
Signer's Name: Perry Laverpool
State: NY
Zip Code: 11238
Signer's Name: Lani Rochin
State: FL
Zip Code: 34109
Signer's Name: JOYCE BENSON
State: FL
Zip Code: 34116
Signer's Name: Annie Kawaler-Katz
State: FL
Zip Code: 34116
Signer's Name: Alison DiSarro
State: FL
Zip Code: 34120
Signer's Name: Helen parrilla
State: FL
Zip Code: 33971
'.....J
Signer's Name: Lisa Dodds
State: VA
Zip Code: 23421
Signer's Name: Ann Nowakowski
State: FL
Zip Code: 34114
Signer's Name: Jana Csenger
State: FL
Zip Code: 34119
Signer's Name: christy brandon
State: KS
Zip Code: 66104
Signer's Name: DEBBIE AM BEAU
State: FL
Zip Code: 34104
Signer's Name: jennifer Hayes
State: NJ
Zip Code: 08527
Signer's Name: Michael Skomba
State: NJ
Zip Code: 08862
Signer's Name: Linda Judd
State: FL
Zip Code: 34230
Signer's Name: Judy Butler
State: FL
Zip Code: 34119
Signer's Name: Nancy Gonzalez
State: FL
Zip Code: 34135
Signer's Name: Lea Jamin
State: FL
Zip Code: 33913
Signer's Name: David Dickte
State: IL
Zip Code: 60195
Signer's Name: Desiree Tartaglia
State: NJ
Zip Code: 08084
Signer's Name: Lisa Ware
State: FL
Zip Code: 34108
Signer's Name: Araceli Miguel
State: FL
Zip Code: 34104
Signer's Name: rhonda fazenbaker
State: MD
Zip Code: 21532
Signer's Name: Kathy Giambrone
State: AL
Zip Code: 35180
Signer's Name: Rachel Markham
State: NH
Zip Code: 03602
Signer's Name: Sarah DeCarlo
State: IL
Zip Code: 60035
Signer's Name: Bobbie Straley
State: NM
Zip Code: 87801
Signer's Name: Theresa Beavers
State: PA
Zip Code: 18446
Signer's Name: Kyle Lindquist
State: FL
Zip Code: 34103
Signer's Name: Sylvia Asias
State: VA
Zip Code: 23323
Signer's Name: Ange Barrett
State: AA
Zip Code: 00000
Signer's Name: Sandra White
State: NJ
Zip Code: 08807
Signer's Name: Kenny Bartolet
State: FL
Zip Code: 34117
Signer's Name: ruby sellers
State: FL
Zip Code: 32303
Signer's Name: Sarah Brown
State: FL
Zip Code: 34112
Signer's Name: Peggy Singh
State: CA
Zip Code: 93454
Signer's Name: Karen Cornell
State: MD
Zip Code: 20772
Signer's Name: Dana DeTrano
State: FL
Zip Code: 34105
Signer's Name: Jason Yeckley
State: NJ
Zip Code: 08721
Signer's Name: Jessica-Dawn Drouin
State: NU
Zip Code: P3B 2Z3
Signer's Name: Carson Wilson
State: IL
Zip Code: 60035
Signer's Name: Jennie Boatman
State: TX
Zip Code: 78664
Signer's Name: Robin Kivett
State: KS
Zip Code: 66743
Signer's Name: Christopher Olsen
State: NJ
Zip Code: 07728
Signer's Name: Angelina Guele
State: NJ
Zip Code: 08536
Signer's Name: Martha Rickman
State: CA
Zip Code: 92236
Signer's Name: Rachel Perkins
State: FL
Zip Code: 34116
Signer's Name: Melissa Dawson Chapman
State: MI
Zip Code: 48054
Signer's Name: Sarah Russo
State: NY
Zip Code: 10021
Signer's Name: Steve Saviano
State: MA
Zip Code: 01867
Signer's Name: Paul Yeckley
State: NJ
Zip Code: 08721
Signer's Name: Monique Borland
State: GA
Zip Code: 30331
Signer's Name: deana lee
State: FL
Zip Code: 33904
Signer's Name: amber phillips
State: FL
Zip Code: 34104
Signer's Name: Karen Sheaffer
State: PA
Zip Code: 15690
Ie.. ,.
bE:
Signer's Name: Denise Lytle
State: NJ
Zip Code: 08863
Signer's Name: Matthew Kratochvil
State: FL
Zip Code: 33905
Signer's Name: Virginia Waters
State: GA
Zip Code: 31707
Signer's Name: Michael Barth
State: IL
Zip Code: 60201
Signer's Name: Roseann Sutlovich
State: FL
Zip Code: 34104
Signer's Name: Nicole Rae
State: GA
Zip Code: 30281
Signer's Name: Prima Baily
State: NY
Zip Code: 14424
Signer's Name: Hannah Prescott
State: FL
Zip Code: 34102
Signer's Name: Paula Burba
State: IL
Zip Code: 60645
Signer's Name: Rebecca Baker
State: IL
Zip Code: 60061
Signer's Name: kelly bartolet
State: FL
Zip Code: 34117
Signer's Name: Casey Marshall III
State: AL
Zip Code: 35758
Signer's Name: Jane Russell
State: FL
Zip Code: 33917
Signer's Name: Michael Russell
State: FL
Zip Code: 33917
Signer's Name: RRRR Barrows
State: CA
Zip Code: 90066
Signer's Name: Jon Marshall Jr
State: AL
Zip Code: 35758
Signer's Name: Randall E. Young
State: NJ
Zip Code: 08742
Signer's Name: carol Hallas
State: PA
Zip Code: 16351
Signer's Name: Meredith P. Brown
State: NY
Zip Code: 11212
Signer's Name: chet groves
State: FL
Zip Code: 34134
Signer's Name: Candy Bowman-LeBlanc
State: CA
Zip Code: 95667
Signer's Name: Ryan Edward Greenough
State: FL
Zip Code: 34102
Signer's Name: Joanne D. Ferguson
State: OH
Zip Code: 44054
Signer's Name: Vicki Cleveland
State: MI
Zip Code: 48439
Signer's Name: Victoria Holley
State: FL
Zip Code: 32952
Signer's Name: Alyshia Morse
State: FL
Zip Code: 34103
Signer's Name: Gary Epps
State: AA
Zip Code: 00000
Signer's Name: Jen Lee
State: FL
Zip Code: 33928
Signer's Name: Stephanie Higgins
State: CA
Zip Code: 91606
Signer's Name: Tawnya Shields
State: MS
Zip Code: 38632
Signer's Name: fred moore
State: FL
Zip Code: 33936
Signer's Name: Mary Phillips
State: FL
Zip Code: 34203
Signer's Name: Andrew - Boy Girl Sleepover
State: PA
Zip Code: 19067
Signer's Name: robin tomasso
State: FL
Zip Code: 33914
Signer's Name: Denise Tozzi
State: FL
Zip Code: 34119
Signer's Name: anna marano
State: FL
Zip Code: 33909
Signer's Name: Ray Kirby
State: NE
Zip Code: 68516
Signer's Name: Patricia Dewey
State: MI
Zip Code: 49453
Signer's Name: Juan J. Sillas Jr.
State: FL
Zip Code: 34120
Signer's Name: Debs Borgono
State: NY
Zip Code: 11542
Signer's Name: Sara Marksberry
State: CA
Zip Code: 92109
Signer's Name: Ashlie McDill
State: FL
Zip Code: 33907
Signer's Name: Larry Lawson jr.
State: FL
Zip Code: 33525
Signer's Name: Sherri Farfan
State: IN
Zip Code: 47989
Signer's Name: Steve Dale
State: NU
Zip Code: 3199
Signer's Name: Kim Noble
State: NJ
Zip Code: 07302
Signer's Name: Barbara Ihrig
State: FL
Zip Code: 33904
Signer's Name: Lana Abraham
State: FL
Zip Code: 34109
:6,'f'
Signer's Name: Debi Sparks
State: FL
Zip Code: 34120
Signer's Name: T. Richard Parker
State: FL
Zip Code: 34110
Signer's Name: kevin grine
State: FL
Zip Code: 34135
Signer's Name: Jaclyn Sampson
Slate: OH
Zip Code: 44483
Signer's Name: kitty cat
Slale: MI
Zip Code: 48826
Signer's Name: Rich Krapf
Stale: FL
Zip Code: 34103
7A
~ .I.~"
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***************************** ~~/7
Originating Dept/ Div: CommDev.Serv./ Planning Person: Nancy Gun~ch, ICP Date: {V 20 J V(t/
Petition No. (If none, give brief description): CU-2006-AR-10550, EMS Station # 73
Petitioner: (Name & Address): Q Grady Minor & Associates, Heidi Williams, 3800 Via Del Rey, Bonita Springs, FL
34134
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate s,91:~)
Collier County Facilities Management,3301 E. Tamiami Trail, Building W. Naples, FL. 341 12 A-\\-0~ fV.JV\
rmve\ \
Hearing before BCC
BZA
Other
Requested Hearing date: February 27,2007 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: 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.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
113-138312-649110
No If Yes, what account should be charged for advertising costs:
Reviewed by:
#-.~~l ;'1)/. .;.JZ~t(i/(",-j /_;~/z c/Ci.l,
Department Head Date . .
Approved by:
County Manager
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head
approval before submitting to County Manager. Note: If legal document is involved, be sure that any
necessary legal review, or request for same, is submitted to County Attorney before submitting to County
Manager. The Manager's office will distribute copies:
County Manager agenda file: to
Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
***********************************************************************************************
FOR CLERK'S OFFICE USE ONLY:
Date Rocd,"', ~Date af Pabl" h,,,'ag' ~ate Ad"rt'",d, ~O 4-
~ 7A
RESOLUTION 07-
A RESOLUTION OF THE BOARD OF ZONING APPEALS
PROVIDING FOR THE EST ABLISHMENT OF A
CONDITIONAL USE TO ALLOW AN "EMERGENCY
MEDICAL SERVICES" FACILITY IN THE ESTATES (E)
ZONING DISTRICT PURSUANT TO THE COLLIER COUNTY
LAND DEVELOPMENT CODE, SECTION 2.01.03.G.1.e., FOR
PROPERTY LOCATED IN SECTION 4, TOWNSHIP 49
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish,
coordinate and enforce zoning and such business regulations as are necessary for the protection
of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance
establishing regulations for the zoning of particular geographic divisions of the County, among
which is the granting of conditional uses; and
WHEREAS, the Board of Zoning Appeals, being the duly appointed and constituted
planning board for the area hereby affected, has held a public hearing after notice as in said
regulations made and provided, and has considered the advisability of a Conditional Use for an a
Safety Service/Emergency Medical Facility in an Estates Zoning District, pursuant Land
Development Code Section 2.01.03.G.1.e, on the property hereinafter described, and has found
as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made
concerning all applicable matters required by said regulations and in accordance with Section
10.08.00.D of the Land Development Code, as amended; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in a public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that:
The petition, identified as CU-2006-AR-10550, filed by Heidi Williams of Q. Grady
Minor & Associates, P.A., representing the Collier County Government Department of Facilities
with respect to the property hereinafter described in Exhibit "B", and the same is hereby
approved for Conditional Use as allowed by Section 2.01.03.G.l.e of the Land Development
Code in the Estates Zoning District, for a Safety Service/Emergency Medical Services Facility in
accordance with the Conceptual Master Plan (Exhibit "C") and subject to the conditions found in
Exhibit "D", attached hereto and incorporated by reference herein.
Page 1 of 2
7A
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and majority vote.
Done this
day of
,2007.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY:
, DEPUTY CLERK
, CHAIRMAN
latzkow
ssistant County Attorney
Exhibits (attached): A.
B.
C.
Findings of Fact
Legal Description
Conceptual Site Plan, entitled, "EMS Station #73 Conditional
Use," revised on 10/30/06, which is prepared by Q. Grady Minor
& Associates, Inc.
Conditions
D.
Page 2 of 2
7A
, ~ ..~..
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006- AR-I0550
The following facts are found:
1. Section 10.08.00 of the Land Development Code authorizes the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within distri'c1
Yes No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval <text>.
DATE:
CHAIRMAN:
EXHIBIT A
7A
-..., ..,.
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006- AR-I0550
The following facts are found:
1. Section 10.08.00 of the Land Development Code authorizes the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval <text>.
DATE:
MEMBER:
EXHIBIT A
LEGAL DESCRIPTION
TRACT 19, GOLDEN GATE ESTATES UNIT 95, AS RECORDED IN PLAT BOOK,'
9, PAGE 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
LESS AND EXCEPT (EXCEPTION 1)
THE NORTHERLY 35.00 FEET LESS THE WESTERLY 50.00 FEET OF TRACT
19 OF GOLDEN GATE ESTATES UNIT 95, AS RECORDED IN PLAT BOOK 9,
pAGE 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
,CONTAINING 21861.59 SQUARE FEET OR .5019 ACRES, MORE OR LESS.
ALSO LESS AND EXCEPT (EXCEPTION 2)
COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 19; THENCE
N.89"31 '02" E., ALONG THE SOUTH LINE OF SAID TRACT 19, A DISTANCE
OF 50.00 FEET TO ITS INTERSECTION WITH THE EASTERLY BOUNDARY OF
THE 100.00 FEET ROAD EASEMENT FOR LOGAN BOULEVARD, AND THE
POINT OF BEGINNING; THENCE N.00"28'58"W., ALONG THE EASTERLY LINE
,OF SAID ROADWAY EASEMENT, FOR A DISTANCE OF 175.40 FEET; TO A
POINT LYING 35.00 FEET SOUTHERLY OF, WHEN MEASURED AT A RIGHT
ANGLE TO THE NORTH LINE OF SAID TRACT 19; THENCE S.89"54'03" E.,
PARALLEL WITH THE NORTH LINE OF SAID TRACT 19, A DISTANCE OF
71.90 FEET; THENCE S.OZ58'14"W., A DISTANCE OF 174.96 FEET, TO A
POINT ON THE SOUTH LINE OF SAID TRACT 19; THENCE S.89"31'02"W.,
ALONG THE SOUTHERLY LINE OF SAID TRACT 19, A DISTANCE OF 61.86
FEET TO THE POINT OF BEGINNING.
CONTAINING 0.269 ACRES, MORE OR LESS.
EXHIBIT B
7A
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7A
CONDITIONS FOR APPROVAL
FOR
CU-2006-AR-I0550
1. The Conditional Use is limited to what is shown on the conceptual site plan, identified as
"EMS Station # 73 Conditional Use Conceptual Site Plan," prepared by Q. Grady Minor &
Associates, P.A., dated October 30, 2006. The site plan noted is conceptual in nature for
conditional use approval. The final design must be in compliance with all applicable
federal, state and county laws and regulations. The Department of Zoning and Land
Development Review Director may approve minor changes in the location, siting, or height
of buildings, structures, and improvements authorized by this conditional use, so long as
these minor changes remain consistent with all applicable development standards.
2. Expansion of the uses identified and approved within this conditional use approval, or major
changes to the approved plan, shall require the submittal of a new conditional use
application, and shall comply with all applicable County ordinances in effect at the time of
submittal, including Chapter 10.02.03, Site Development Plan (SDP) review and approval,
of the Collier County Land Development Code, Ordinance 04-41, as amended.
3. The applicant shall coordinate with Transportation Department staff to install an egress
point from the site to Vanderbilt Beach Road during the SDP review process.
4. The applicant shall coordinate with Transportation Operations to install a pre-emption signal
system to ensure the safe and timely egress from the site during emergencies during the SDP
reView process.
5. The directional median opening at Logan Boulevard North shall be for emergency vehicles
only.
6. The applicant shall make road improvements, including providing a mountable curb for
emergency vehicles in the Logan Boulevard North median and apron improvements to
Logan Boulevard North as may be required by the Transportation Division during the SDP
review process.
EXHIBIT 0
G: Current/ Gundlach/ Conditional Uses/ EMS Station #73/Exhibit D Conditions 12-18-06
7A
,~~'-
January 30, 2007
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: CU-2006-AR-I0550, EMS Station #73
Dear Legals:
Please advertise the above referenced notice on Sunday, February 11, 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.lAccount # 113-138312-649110
7A
"
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 27,
2007 in the Boardrooml 3rd Floor, Administration Building, Collier
County Government Centerl 3301 East Tamiami Trail, Naplesl
Florida. The meeting will begin at 9:00 A.M.
The Board will consider Petition CU-2006-AR-l0550, Collier County
Department of Facilities Management, represented by Heidi
Williams, of Q. Grady Minor & Associates, P.A'I 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 propertYI consisting of 2.23 acres, is located at 790
Logan Blvd. North, in Section 4, Township 49 South, Range 26 East,
Collier CountYI 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 easel
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)
7A
Ann P. Jennejohn
To:
Subject:
legals@naplesnews.com
CU-2006-AR-10550 EMS Station #73
Attachments:
CU-2006-AR-10550.doc; CU-2006-AR-10550.doc
Please advertise the attached on Sunday, February 11, 2007.
Thanks!
CU-2006-AR-10550 CU-2006-AR-10550
.doc (23 KB) .doc (27 KB)
Ann
Clerk to the Board
Minutes & Records Department
774-8406
(ann.jennejohn@c1erk.coll i er. f I.us)
1
7A
Ann P. Jennejohn
From:
Sent:
To:
Subject:
ClerkPostmaster
Tuesday, January 30, 2007 8:51 AM
Ann P. Jennejohn
Delivery Status Notification (Relay)
Attachments:
ATT1604661.txt; CU-2006-AR-10550 EMS Station #73
I::..c.~.' '1
lltJ
r::-....-:-.7 ~...1
W
ATT1604661.txt CU-2006-AR-10550
(229 B) EM5 Station #...
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
7A
,-:.
..
Ann P. Jennejohn
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.comj
Tuesday, January 30, 20078:51 AM
Ann P. Jennejohn
Delivered: CU-2006-AR-10550 EMS Station #73
Attach ments:
CU-2006-AR-10550 EMS Station #73
CU-2006-AR-10550
EMS Station #...
<<CU-2006-AR-10550 EMS Station #73>> Your message
To: legals@naplesnews.com
Subject: CU-2006-AR-10550 EMS Station #73
Sent: Tue, 30 Jan 2007 08:51:05 -0500
was delivered to the following recipient(s):
legals, NDN on Tue, 30 Jan 2007 08:51:04 -0500
1
CU-2006-AR-I0550 EMS Station #73
7 Apage lofl
Ann P. Jennejohn
~~~_,._~~~~~~,~._~~~.-__^_.~.~.~.~~^y_,~~~~~'~~'_V~~~'__^_^'O_".~'
From: Perrell, Pam [paperrell@naplesnews.com]
Sent: Tuesday, January 30,2007 10:25 AM
To: Ann P. Jennejohn
Subject: RE: CU-2006-AR-10550 EMS Station #73
OK
From: Ann P. Jennejohn [mailto:AnnJennejohn@c1erk.collierJl.us]
Sent: Tuesday, January 30, 2007 8:51 AM
To: legals@naplesnews.com
Subject: CU-2006-AR-10550 EMS Station #73
Please advertise the attached on Sunday, February 11, 2007.
Thanks!
<<CU-2006-AR-10550.doc>> <<CU-2006-AR-1 0550.doc>>
Ann
Clerk to the Board
Minutes & Records Department
774-8406
(ann.jennejohn@ c1erk.coll i er. 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.
1/30/2007
NAPLES DAILY NEWS
Published Daily
Naples. FL 34102
7A
Affidavit of Publication
State of Florida
County of Collier
F
Building, Collier County
Gover,nmen.t Cen~er.,
no1 Eat TlU'IlIaml TrIll,
Naples, Florld.a. The
meeting wlflbegln at
9l1lO A.M.
PUBLIC NOTICE
The Board. ,will consldl\!r
Petition C.11...a,.20.t "All'
105S0. conlei De-
partment. of acl ties
Managl\!ment. repre.
I Sl\!ntedby Heidi WII." I
IIams, of O. Grady Minor
& Anoc:ltte$, P.A., Is reo
questing 'a conditional
use In the Estates zon.
Ing district to allow a
Safety Service Facility'
that will be limited to an
Emergency Medical
Serv~.fot.:;1.~...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,
ColIIl\!r CountY, Florida.
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
in the matter of PUBLIC NOTICE
was published in said newspaper I time in the issue
on February 11th. 2007.
iJ. ~
( Signature(,f affiant)
#;f.~~~~:,~.;,~.'\\",:",\;,
~euonl wl.t;ftig to
have wrttten or ,graphic:
mat,rlal, InClul:fed In
th!l Board agenda pack.
ets must submIt said
material a minimum Of3
w"k$ pr.lol' to thl\! reo
spectlve public hearing.
In any case, wrlttl\!n maw
tl\!rlals lntend.l\!dto be
co d
u~
staff um of sev.
en days prlor'to thl\!
pUblic hearing. All maw
terlal used In presenta.
tlons before tne Board
will become a pl\!rma-
nent part of the record.
Any pl\!rson whodl\!cld.
l\!S to appeal a decision
of the Board wIll need a
record of the pl'.C:eed.
Ings pertainIng thereto
and thereforl\!, may
nelildto erisure thllt a -
verbatim rec9!'d of the
pr043edlng.ls made,
which r,.c:o. rd . Includes
the testImony. and eYI.
clence lItIon which the
appeal Is based.
BOARD.OFCOUNTV
COMMlSSIONE/8
COLLIER COUNTY,
FLORIDA
::~ES COLETTA,.. CHAIR. I
OW I GHT. E. BROCK,
CLERK
By: Teresa DIllard, Dep-
utY Clerk '
(SEAL) 'I
Feb. 11 No. 1514330
Affiant further says that the said "apks Daily l\e\\s is a newspaper
puhlished at "aples. in said Collier ('ounty. Florida, and that the said
newspaper has herctofore been contll1uouslv puhlished In said Collier
County, Florida: distrihuted in CnIlier and Lec cnunties of Florida.
('ach day and has heen entered as second class lI1ailmatter at the post
nOice in '..aples. in said Collier County. Florida. I"l' a perind of 1
veal' next preceding the lirst publication of the attached copy of
advertisement: and af1iant further says tbat he has neither paid nor
promised anv person, firm or corporation any discount. rehate,
commission or refund I"l' the purpose of securing this advertisement for
publication in the said newspaper.
Sworn to and subscribed before me
This II tl of Febmary. 2007
s;JC
.\ . ,.(\{ R
(Signature of notary public)
.... ~~
#' ~(J., Nct~rf C'ubilc Staie of Flond2, I!
"," ~ l:r ~,u~,o:. ":01';; ~
~ . "~'" _,-, __._ - -~- ,',r"'v)' 1]
~ L.. ~'; ~~ \'';;.)' '.,;' f:,"'I\SSIOil UL1,l",:>ii <_~~~
'It Off'o" b:p"c',; ,.1I()212(J()~ I
~.;~,""=,""'=~-"',''''.''.'.;.~''''-~=~'-
FEI 59-2578127
7A
~
y,-:~
~...,..zi<
MEMORANDUM
Date: March 1, 2007
To: Nancy Gundlach, Landscape Architect
Zoning and Land Development Review
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Resolution 2007-45: CU-2006-AR-I0550
Emergency Medical Services Facility
Enclosed please find one copy of the document referenced above,
Agenda Item #7 A, adopted by the Board of County Commissioners
on Tuesday, February 27, 2007. The original document is being
retained in the Minutes & Records Department.
If you should have any questions, please contact me at 774-8406.
Thank you.
Enclosures
7A
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ....
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Oftice only lifter 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
.....
i;".
exception of the Chairman's silznature, draw a line throu2l' routing lines # I through #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one 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 oftice only after the BCC has acted to approve the
item.)
Name of Primary Staff Nancy Gundlach Phone Number 403-2484
Contact
Agenda Date Item was February 27,2007 Agenda Item Number 7A
Approved by the BCC
Type of Document Resolution, along with its' Exhibit A, Number of Original I j.
Attached Exhibit B, Exhibit C, Exhibit D and Exhibit Documents Attached
E.
l.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on Februarv 27, 2007 and all changes made
during the meeting have been incorporated in the attached document. The County
Attorne 's Office has reviewed the chan es, if a Iicable.
Yes
(Initial)
N/A (Not
A licable)
n
2.
3.
4.
5.
NA
6.
I: Forms! County Formsl BCC Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Revised 2.24.05
7A
RESOLUTION 07- 45
A RESOLUTION OF THE BOARD OF ZONING APPEALS
PROVIDING FOR THE ESTABLISHMENT OF A
CONDITIONAL USE TO ALLOW AN "EMERGENCY
MEDICAL SERVICES" FACILITY IN THE ESTATES (E)
ZONING DISTRICT PURSUANT TO THE COLLIER COUNTY
LAND DEVELOPMENT CODE, SECTION 2.01.03.G.l.e., FOR
PROPERTY LOCATED IN SECTION 4, TOWNSHIP 49
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish,
coordinate and enforce zoning and such business regulations as are necessary for the protection
of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance
establishing regulations for the zoning of particular geographic divisions of the County, among
which is the granting of conditional uses; and
WHEREAS, the Board of Zoning Appeals, being the duly appointed and constituted
planning board for the area hereby affected, has held a public hearing after notice as in said
regulations made and provided, and has considered the advisability of a Conditional Use for an a
Safety Service/Emergency Medical Facility in an Estates Zoning District, pursuant Land
Development Code Section 2.01.03.G.1.e, on the property hereinafter described, and has found
as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made
concerning all applicable matters required by said regulations and in accordance with Section
10.08.00.D of the Land Development Code, as amended; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in a public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that:
The petition, identified as CU-2006-AR-10550, filed by Heidi Williams of Q. Grady
Minor & Associates, P.A., representing the Collier County Government Department of Facilities
with respect to the property hereinafter described in Exhibit "B", and the same is hereby
approved for Conditional Use as allowed by Section 2.01.03.G.1.e of the Land Development
Code in the Estates Zoning District, for a Safety Service/Emergency Medical Services Facility in
accordance with the Conceptual Master Plan (Exhibit "C"), subject to the conditions found in
Exhibit "D" and the EMS Siren Policy (Exhibit "E") attached hereto and incorporated by
reference herein.
Page 1 of2
J 7 A
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and majority vote.
Done this ;< 1
daYOf1~
,2007.
~ ',;,\ /.$ ("- ~-~l'
ATTEST:.
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
::LLI7i::?~
JAMES COLETTA, CHAIRMAN
~:~. ~h,Qt.
At.- ' DE TY CLERK
~t ,II to 0.. f,.... s
sf qnatYf'" cml11
A
Ie
atzkow
istant County Attorney
Item# ~
~;~;da ~ - a..l-Dl
Ode ~-I-Dl
Hec'd ::>
Exhibits (attached): A.
B.
C.
D.
E.
Findings of Fact
Legal Description
Conceptual Site Plan, entitled, "EMS Station #73 Conditional
Use," revised 2/07, which is prepared by Q. Grady Minor &
Associates, Inc.
Conditions
EMS Siren Policy, entitled, "Collier County Emergency Medical
Services General Order # 07-02, dated January 25,2007.
Page 2 of2
J 7 A
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006- AR-I0550
The fo llowing facts are found:
1. Section 10.08.00 of the Land Development Code authorizes the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property 01' uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes~ No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire 01' catastrophe:
Adequate ingress & egress
Yes ,/' No
C. Affects neighboring propelties in relation to noise, glare, economic 01' odor
effects:
_ No affect 01' ~ffect mitigated by ~ v.-WeA- (~ <<. ~ (
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes / No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval <text>.
DATE: l ~ l ....-~/ 01
CHAIRMAN:
EXHIBIT A
'Y'" .., ,'is
...
" r;.
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006- AR-I0550
The following facts are found:
1. Section 1 0.08.00 of the Land Development Code authorizes the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes1 No_
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
YesL No_
\,
C. Affects neighboring propelties in relation to noise, glare, economic or odor
effects:
No affect or ~ Affect mitigated by J t.-/.4.rr
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes;<:' No
Based on the above fIndings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval <text>.
DATE:
/ -Itf'" t:) 7
~ff(i II".,/,.,
CHAIRMAN ~
c-d_~
{. i,.'"
EXHIBIT A
7A
FINDING OF FACT
. BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU"2006- AR-I0550
The following facts are found:
1. Section 10.08.00 of the Land Development Code authorizes the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A.
Consistency with ,e Land Development Code and Growth Management Plan:
YesL No
B.
Ingress and egress to property and proposed stmctures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress ,egress
Yes / No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~ affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible 7in district
Yes No
Based on the above findings, this conditional use should, with stipulations, (COR
(should not) be recommended for approval <text>.
DATE:/- / t.. () 7
.
MEMBER:
~~~/ V/~ -< /CJrT '"
EXHIBIT A
7A
(
FINDING OF FACT
. BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006- AR-I0550
The following facts are found:
1. Section 10,08.00 of the Land Development Code authorizes the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A.
Consistency ~e Land Development Code and Growth Management Plan:
Yes No
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
(
Adequate in,s & egress
Yes No
C; Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No ~t or _ Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible jtbin district
Yes No
(
Based on the above findings, this conditional use should, with stipulations, (copy attached)
:::d n;tl {b; reOOOmmended for approvw <re:EMBER: ~~ ~
EXHIBIT A
7A
(
FINDING OF FACT
. BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006- AR-I0550
The following facts are found:
1. Section 10.08.00 of the Land Development Code authorizes the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes ~ No
B.
Ingress and egress to property and proposed structures thereon wi th particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
(
Adequate ingress & egress
Yes ~ No
C. Affects neighboring properties in relation to noise, glare, economic 01' odor
effects:
~ No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes~ No_
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval <text>.
DATE: t I / l 1 0 J
,
'- ~
MEMBER: C __
EXHIBIT A
7A
FINDING OF FACT
. BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006- AR-I0550
The following facts are found:
1. Section 10.08.00 of the Land Development Code authorizes the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A.
Consistency with t~Development Code and Growth Management PIan:
YeSLNO_
B.
Ingress and egress to property and proposed structures thereon with pa11icular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress ~s
Yes Z ~:=-
A:z-rects n rgh~oring properties in relation to noise, glare, economic 01' odor
effects' -
_ No affect or _ Affect mitigated by
_ Affect cannot be mitigated
C.
D.
Compatibility wi~.:7nt properties and other propelty in the district:
Compatible U7i~ district
Yes No
- -
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval <text>.
DATE: I ~ If..-- 0 7 MEMBER: ~
EXHIBIT A
7A
FINDING OF FACT
. BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006- AR-I0550
The following facts are found:
1. Section 10.08.00 of the Land Development Code authorizes the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes~ No_
B. Ingress and egress to property and proposed stmctures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes X--. No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~ No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes V No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval <text>.
DATE: I.... /f...t; 7
MEMBER: ,?;: bl&:r
EXHIBIT A
7A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006- AR-I0550
The following facts are found:
1. Section 10.08.00 of the Land Development Code authorizes the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes vi No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire 01' catastrophe:
Adequate ingris & egress
..,./
Yes No
C. Affects neighboring properties in relation to noise, glare~ economic or odor
effects:
7 No affect 01' _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
yes/ No
DATE: +rh
MEMBER:
6Ylf)V Sf.. t)lOf{~
Based 011 the above findings, this conditional use should, with
(should not) be recommended for approval <text>.
EXHIBIT A
7A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006- AR~10550
The following facts are found:
1. Section 10.08.00 of the Land Development Code authorizes the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes i/ No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes
V/ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
;"
~ No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes t/ No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval <text>.
DATE:
1/ If/a ;/
! !
':) l-J) / /l,
MEMBER: l'/hll''J..('... !(;,I III tL/) t--r-J
EXHIBIT A
7A
LEGAL DESCRIPTION
TRACT 19, GOLDEN GATE ESTATES UNIT 95, AS RECORDED IN PLAT. BOOK,-
9, PAGE 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
LESS AND EXCEPT (EXCEPTION 1)
THE NORTHERLY 35.00 FEET LESS THE WESTERLY 50.00 FEET OF TRACT
19 OF GOLDEN GATE ESTATES UNIT 95, AS RECORDED IN PLAT BOOK 9, ,-
pAGE 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
. CONTAINING 21861.59 SQUARE FEET OR .501 9 ACRES, MORE OR LESS.
ALSO LESS AND EXCEPT (EXCEPTION 2)
COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 19; THENCE
N.89"31 '02" E., ALONG THE SOUTH LINE OF SAID TRACT 19, A DISTANCE
OF 50.00 FEET TO ITS INTERSECTION WITH THE EASTERLY BOUNDARY OF
THE 100.00 FEET ROAD EASEMENT FOR LOGAN BOULEVARD, AND THE
POINT OF BEGINNING; THENCE N.00"28'58"W., ALONG THE EASTERLY LINE
. OF SAID ROADWAY EASEMENT, FOR A DISTANCE OF 175.40 FEET; TO A
POINT LYING 35.00 FEET SOUTHERLY OF, WHEN MEASURED AT A RIGHT
ANGLE TO THE NORTH LINE OF SAID TRACT 19; THENCE S.89"54'03" E., -c
PARALLEL WITH THE NORTH LINE OF SAID TRACT 19, A DISTANCE OF -
71.90 FEET; THENCE S.02"S8'14"W., A DISTANCE OF 174.96 FEET, TO A _~
POINT ON THE SOUTH. LINE OF SAID TRACT 19; THENCE S.89.31 '02"W.,
ALONG THE SOUTHERLY LINE OF SAID TRACT 19. A DISTANCE OF 61.86
FEET TO THE POINT OF BEGINNING.
CONTAINING 0.269 ACRES, MORE OR LESS.
EXHIBIT B
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:j,-7A
CONDITIONS FOR APPROVAL
FOR
CD -2006-AR-l 0550
1. The Conditional Use is limited to what is shown on the conceptual site plan, identified as
"EMS Station # 73 Conditional Use Conceptual Site Plan," prepared by Q. Grady Minor &
Associates, P.A., dated October 30, 2006. The site plan noted is conceptual in nature for
conditional use approval. The final design must be in compliance with all applicable
federal, state and county laws and regulations. The Department of Zoning and Land
Development Review Director may approve minor changes in the location, siting, or height
of buildings, structures, and improvements authorized by this conditional use, so long as
these minor changes remain consistent with all applicable development standards.
2. Expansion of the uses identified and approved within this conditional use approval, or major
changes to the approved plan, shall require the submittal of a new conditional use
application, and shall comply with all applicable County ordinances in effect at the time of
submittal, including Chapter 10.02.03, Site Development Plan (SDP) review and approval,
of the Collier County Land Development Code, Ordinance 04-41, as amended.
3. The applicant shall coordinate with Transportation Department staff to install an egress
point from the site to Vanderbilt Beach Road during the SDP review process.
4. The directional median opening at Logan Boulevard North shall be for emergency vehicles
only.
5. The applicant shall make road improvements, including providing a mountable curb for
emergency vehicles in the Logan Boulevard North median and apron improvements to
Logan Boulevard North as may be required by the Transportation Division during the SDP
reVIew process.
6. Clearing limits shall be shown on the EMS Station # 73 site plan.
7. The EMS Station # 73 garage door heights shall be limited to 12-foot height.
8. The EMS Station # 73 site shall be limited to emergency medical services use only.
EXHIBIT D
G: Current! Gundlach/ Conditional Uses/ EMS Station #73/Exhibit D Conditions 2-9-07
COLLIER COUNTY
EMERGENCY MEDICAL SERVICES
GENERAL ORDER # 07-02
7A
TO:
SUBJECf:
PREPARED BY:
DATE:
All EMS / Fire Department Personnel
Emergency Vehicle Operations Overview
Matt Vila, EMS/ Fire Battalion Chief
January 25, 2007
PURPOSE AND INTENT: To assure the safe and prompt response of emergency vehicles to
emergency scenes while maintaining a cot.Uteous and polite public presence
ASSIGNED RESPONSIBILITY:
All EMS / Fire field personal
PROCEDURE:
Vehicle operators are to adopt a "good neighbor" policy and not test the audible warning devices as part of
their daily apparatus check.
When trnveling in the "responding" mode, all visual warning devices will be operated at all times regardless of
the time of day and! or traffic conditions. Secondmy visual devices will remain in operation while the unit is
parked on-scene of an emergency unless ordered otherwise by Incident Command. Audible devices are to be
utilized only when reasonably necessary. Use of audible warning devices during late night/early morning hours
is disco~ed on empty roads or within neighborhood communities. Examples of conditions that may warrant
the use of audible warning devices include:
o Pedestrians or animals on or approaching within 30' of the intended right-of-way;
o Moving vehicles on or approaching within 300' of the intended right-of-way; and
o As safety/warning notification to on-scene personnel. Usually activated by Incident Command.
Changing the siren cadence is an effective way to alert vehicles and! or pedestrians. The use of air horns should
be limited for a last resort accident avoidance.
When responding to an emergency; vehicle operators shall operate the vehicle they are driving as close as
possible to the posted speed limit, but to not exceed ten [10] miles per hour over the posted speed limit,
conditions permitting. Examples of conditions requiring slower response speeds include but are not limited to:
o Between the hours of dusk and dawn;
o Slippery road conditions;
o Inclement weather;
o Poor visibility;
o lieavy or congested traffic conditions; and
'I Sharp curves
~BY:
',~~)
Dan Bowman, Division Chief
Collier County Emergency Medical Services / Fire Department
APPROVED BYn
WD ~ -.
JeffioPage, Ollef ~
Collier County Emergency Medical Services / Fire Department
EXHIBIT E
8A
<t~'
,t
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:
....*.**..*..*****.*...*......*.*..........................*.....................*................
Originating Dept/ Div: Cornm.Dev.Serv.l Planning Person: Melissa Zone m-- Date:
Petition No. (If none, give brief description): PUDZ~A~2006-AR-9403, P~ark
Petitioner: (Name & Address): Heidt & Associates, Inc., Walter Fluegel, AICP, 3800 Colonial Blvd., Ft. Myers, FI. 33912
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Richard
Yovanovich, Goodlette, Coleman, & Johnson, PA, 4001 Tamiami Trail N., Suite 300, Naples, FL 34103; Toll Brothers, Inc.,
28341 S. Tamiami Trail, Suite 4, Bonita Springs, FL 34134
Hearing before BCC
BZA
Other
Requested Hearing date:
February 27. 2007
Based on advertisement appearing 1 S 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-A~2006-AR-9403. Toll Brothers, Inc.,
represented by Walter Fluegel, AICP, of Heidt & Associates; and Richard Yovanovicb, 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:i: acres, which is located at 6780 Airport-Pulling Road North, in Section I, Township 49 South,
Range 25 East, Collier County, Florida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
113-138312~9110
No If Yes, what account should be charged for advertising costs:
Reviewed by:
~ '-Th- ~//z7/n,
-'f>epartment Head Date '
Approved by:
County Manager
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or
request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will
distribute copies:
County Manager agenda file: to Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
........**..*..........................................................*..*****.*.**.******.*.....
FOR CLERK',8 ~CE C!E ONLY:
Date Received:' - -{) Date of Public hearing: d-- "d-1-o )- Date Advertised: ~'L) )-
~
SA
. t~:""
ORDINANCE NO. 2007-
AN ORDINANCE OP 'Tim BOARD OP COUN'IY
COMMIssIONERs Op, 'COIlJER COUNTY, FLORIDA,
AMENDlNG ORDINANCE NUMBER 04-41, AS
AMENDED, TIm COILlER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES TIm
COMPREHBNSlVE ZONINO REGULATIONS FOR TIlE
UNINCORPoRATED AREA OF COILlER COUNTY,
FLoRIDA. BY AMENDING THE APPROPRIATE
ZONINo A1LAS MAP OR MAPS BY CHANGINO TIlE
ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM PRINCESS
PARK Pl..ANNED UNIT DEVELoPMENT "Pun" TO
PRINCESS PARK RESIDHNTlAL Pl.A.NNED UNrr
DEVELOPMENT "RPUD" KNOWN AS PRINCESS PARK.
RPUD, FOR PROPERTY LOCATED 6780 AIRPORT-
PULl..INO ROAD (CR 31) NORTH, IN SBCrION I,
TOWNSHIP 49 SO{fflf, RANGE 25 .BAST, COWER
COUNTY, FLORIDA, CONSISTING OF 11.3:t: ACRES:
PROVIDINO FOR THE REPEAL OF ORDINANCE
NUMBER 84-34, AS AMENDED, THE FORMER
PRINCESS PARK PUD; AND .BY PROVIDING AN
.EFPBC'rIVE DATE.
WHEREAs, ToU Brothers, Inc. represented by Walter Fluegel, AICP of Heidt &
Auociatell, Inc. and Richard Yovanovich of Ooodlette, Coleman &: IOOn80n, P.A.,
petitioned the Board of County Commiasioners to change the zoning classification of the
hetein described real property.
NOW THEREFoRE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMIssIONERS OP COLLIER COUNTY, FLORIDA, that;
SECl'ION ONE:
The zoning claasification of the herein described real property located in Section 1,
Township 49 South, Range 2S But. Collier County. Florida, is changed from "PUD" to
"RPUD" the Princoaa Park RoaidImtUiJ Planned Unit Development in IICCOrdance wilh the
PUD Document, attached hereto as Exhibit "A". which is incorporated herein and by
reference made parr hereof. The appropriate zoning atl8ll map or maps, as described in
Ordinance Numbc:r 04-41, IS amended, the Collier County Land Development Code, is/are
hereby amended accordingly.
, SECTION 1WQ;,
Ordinance Number 84-34, as IlD1cndcd, DOwn as the Princes.s Parle PUn, adopted
on April 24, 1984 by !he Board of County Commisaiol1Cl'I of Collier County. is hereby
repealed in its entirety.
SBCnON~i
lof2
~, .. -,": l .. .... .....
This Ordinance shall become effeCtive upon filing with tho Department of State"
PASSm> AND DULY ADOPTED by luper-majority vote by the Board of County
CommiAionera of Collier County, Florida, this ~ day of
,2007.
ATTEST:
DWIOHr B. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COUJER COUNTY, FLORIDA
BY:
lAMES COI.EITA, CHAIRMAN
Deputy Clerk
Approved as to form and
legal sufficien~y
~L./Yn. !Jh",~-e{l:. -,/]&1Jh"h:
Matj M. Student-Stirling r - ~
Assistant County Attorney
20f2
SA
.....~:-"..
B1\
..;
Princess Park RPUD
A
RESIDENTIAL PLANNED UNIT DEVELOPMENT
PREPARED FOR:
croll CIJrotbers
America's Luxwy Home Builder!"
28341 S. Tamiami Trail, Suite 4
Bonita Springs, FL 34134
PREPARED BY:
EIDT & ASSOCIATES, INC.
CMI. BNOlNIWNG
SUllYmNG
-
L\OlDIICAPIl AItCIlIncnJIIIl
D<VWlNMINTAI. PIIlMITJ1NG
I'ort"'~
)-~... .......
1foM~.fl.]JtJl
~:plI.4UnPl
'.:D~"tU'JI"
Tamp. . SlItUOta
AND
Goodlette, Coleman & Johnson, P.A.
4001 Tamiami Trail North, Suite 300
Naples, FL 34103
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
TABLE OF CONTENTS
SHORT TITLE PAGE
SECTION I: STATEMENT OF COMPLIANCE 4
SECTION II: PROPERTY OWNERSHIP AND DESCRIPTION 7
SECTION ill: RESIDENTIAL DEVELOPMENT REGULATIONS 8
LIST OF EXHIBITS AND TABLES 3
2
e-A '~,
o M~i:.~
~..~'
LIST OF EXHIBITS AND TABLES
EXHIBIT A RESIDENTIAL PUD MASTER PLAN
EXlllBIT B LIST OF REQUESTED DEVIATIONS FROM LDC
EXHIBIT C DEVELOPMENT COMMITMENTS SPECIFIC TO THE
PROJECT
3
a-A
SECTION I
STATEMENT OF COMPLIANCE
The subject property consists of l1.34:t acres of property in Collier County, Florida, and will be
redeveloped as a Residential Planned Unit Development-(RPUD), to be known as Princess Park
RPUD. The property is located in the North Naples Planning Community. The subject property
is currently zoned as the Princess Park PUD and has been developed as an amusement park. The
proposed development will be in compliance with the goals, objectives, and policies of the
Collier County Growth Management Plan, including concurrency requirements. The proposed
RPUD will consist of 133 multi-family and/or Townhome units. including recreational amenities
and open space. all to be constructed in one phase. The proposed development strategy will be
consistent with the land development regulations and Growth Management Plan. Specifically,
the proposed development is consistent with the following Growth Management Goals,
Objectives, and Policies of the Growth Management Plan:
1. The subject property is located within the Urban Mixed-Use District-Urban
Residential Subdistrict as identified on the Collier County Future Land Use
Map and as established in Objective 1, Policy 1.1 A., and Policy 1.1 A.I..
Further, the proposed rezoning is consistent with Policies 5.1 and 5.3.
Specifically, the Urban Residential Subdistrict of the Urban Mixed-Use
District provides for higher urban densities in areas with fewer natural
resource constraints and where public facilities are concentrated. Further, per
Objective 1 and supporting policies. it is intended that Future Land Use Map
will coordinate land use with the natural environment, including topography,
soil and other resources; promote sound economy; coordinate coastal
population densities with the Regional Hurricane Evacuation Plan, and
discourage sprawl. The development as proposed is consistent with these
guiding principles. Policy 5.3 specifically discourages urban sprawl.
2. The Density Rating System of the Growth Management Plan, establishes
provisions for the assignment of density for properties within the Urban
Residential Subdistrict of the Urban Mixed-Use District. Specifically,
Provision 1 establishes densities for the conversion of commercially zoned
lands that are located in Subdistricts that are not compatible with commercial
uses. The intent of the Urban Residential Subdistrict is clear and unambiguous
that it was intended to establish higher residential densities, for which the
current commercial use is inconsistent with. Accordingly, the proposed
development would be assigned a baseline density of 16 dwelling units per
acre (dulac). However, this baseline density assignment then must be offset by
provision b.l. of the density rating system that would subtract 1 dulac of
baseline density due to the fact that the subject properties access to Airport-
Pulling Road, which qualifies as a Traffic Congestion Area. Based upon these
provisions of the density rating system, the maximum baseline density for this
rezoning would be 15 dulac. The proposed maximum density of this project is
4
----~
i
I
11.7 dulac, which is substantially consistent with the maximum baseline
density of 15 dulac.
Base Density per Density Rating System
-Commercial Conversion (DRS Provision 1)
-Traffic Congestion Area Reduction
(DRS Provision b.1.)
Baseline Permitted Density
16 dulac
-1 dulac
15 du/ac
Proposed Density
-133 units on 11.34 acres
11.7 dulac
3. Objective 2 and ensuing policies require the coordination ofland uses with the
availability of public facilities. The proposed project is located in an area
where all public facilities are currently in place. Further, given that the
proposed project is a redevelopment of the existing King Richard's Fun Park,
any impacts upon public facilities would be substantially offset by the
demands of the existing development.
4. Policy 4.7 specifically encourages redevelopment that is incentivized by
increased density, which is consistent with the Commercial Conversion
provision of the Density Rating System and this proposed development.
5. Policy 5.4 requires that new developments shall be compatible with
surrounding land uses. The proposed development is compatible with the
office complexes to the north and south, and perimeter buffering has been
added to ensure compatibility. The Master Concept Plan, as proposed, has
included substantial buffering elements to provide compatibility with the
multi-family residential development to the east of the subject property.
These buffering techniques include locating the water management lake at the
eastern end of the property and providing a substantial buffer between the lake
and the eastern property line.
6. The proposed development furthers the intent of Policy 5.5 by directing more
urban intensity to areas presently designated for urban intensity.
7. All final local development orders/permits for the subject PUD shall be
subject to the Collier County Public Facilities Ordinance.
8. 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 Future Land Use Element.
9. Improvements are planned to be in compliance with applicable forthcoming
land development regulations as set forth in Objective 3 of the Future Land
Use Element.
5
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,~ 8 A~-
10. The project development will result in an efficient and economical extension
of community facilities and services as required in Policies 3.1.H and L of the
Future Land Use Element.
11. The project development is planned to incorporate natural systems for water
management in accordance with their natural functions and capabilities as
may be required in forthcoming regulations required by Obj ective 1.5 of the
Drainage Sub-Element of the Public Facilities Element.
12. Objective 7 promotes interconnectivity between adjoining properties, as well
as encourages safe and convenient on-site traffic circulation. It is the intent of
the developer to design a walkable community within the parameters of the
subject site. Internal/external sidewalk access will be achieved through a
connection to the existing sidewalk along Airport-Pulling Road. However,
due to the constraints of the subject site and the abutting existing
neighborhood, the goal of direct interconnectivity between said properties
could not be achieved.
6
. ..l~______ ____
....
SECTION n
PROPERTY OWNERSHIP, DESCRIPTION AND SHORT TITLE
1.1 PURPOSE
The purpose of this Section is to set forth the ownership, legal description and short title
of the property proposed to be developed, under the project name of Princess Park
RPUD.
1.2 LEGAL DESCRIPTION
The subject property being 11.34:t: acres, is described as:
The north half of the south half of the southwest quarter of Section 1, Township 49
South, Range 25 East, Collier County, Florida, LESS the west 100 feet thereof,
previously reserved for road right-of-way purposes.
1.3 PROPERTY OWNERSIDP
The subject property is currently under the ownership ofBic's Investment Corp, 6780
Airport-Pulling Road North, Naples, FL 34109. The subject property is under contract to
Toll Bros., Inc. 28341 S. Tamiami Trail, Suite 4, Bonita Springs, FL 34134.
1.4 PROJECT DEVELOPMENT
The subject property consists of 11.34:t acres of property in Collier County, Florida, and
will be redeveloped as a Residential Planned Unit Development (RPUD), to be known as
Princess Park RPUD. The property is located in the North Naples Planning Commwiity.
The subject property is currently zoned as the Princess Park PUD and has been developed
as an amusement park. The proposed development will be in compliance with the goals,
objectives, and policies of the Collier County Growth Management Plan, including
concurrency requirements. The proposed RPUD will consist of 133 multi-family and/or
Townhome units, including recreational amenities and open space, all to be constructed
in one phase.
1.5. CONTINUATION OF EXISTING USES
The existing commercial uses on the Princess Park PUD shall be allowed to continue
operations as permitted uses until such time as site work for the residential uses
commence, at that time, the existing commercial uses shall cease to be permitted uses.
7
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SECTION III
RESIDENTIAL SUBDISTRICT
2.1 MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units allowed within the multi-family
residential RPUD shall be established at the time of development plan review, but shall
not exceed 133 residential dwelling units.
2.2 PERMITTED USES
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:
A. Principal Uses:
1. Multi-Family Dwelling Units
2. Townhomes
Any other principal use which is comparable in nature with the
foregoing list of permitted principal uses, as determined by the
Board of Zoning Appeals (''BZA'') by the process outlined in
the LDC.
3. The uses existing on the site shall remain permitted uses until a site
development plan or final plat is approved for the residential uses.
B. Accessory Uses:
Accessory uses and structures customarily associated with the permitted
principal uses and structures, including, but not limited to:
1. Customary accessory uses and structures, including garages.
2. May include common recreation amenities. Such uses shall be visually and
functionally compatible with the adjacent residences, which have the use of
such facilities, including clubhouse, swimming pool, barbeque facilities,
tennis courts, playgrounds, and restrooms.
3. Project sales and administrative offices, model units, temporary sales facility
and temporary construction trailer.
4. Utility facilities and/or easements, including rights-of way and
driveways/aisles.
5. Water management areas and amenity feature lakes and fountains.
6. Signage.
7. Guardhouse and entry gate.
8. Maintenance facilities.
8
..
8-A
"'.
2.3 DEVELOPMENT STANDARDS
Table I below sets forth the development standards for land uses within the (type of
PUD) RPUD Residential Subdistrict. Standards not specifically set forth herein shall be
those specified in applicable sections of the LDC in effect as of the date of approval of
the SDP or Subdivision plat.
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
DEVELOPMENT MUL TI- TOWNHOME GUARDHOUSFJACCESS CLUBHOUSElRECREATION
STANDARDS FAMILY CONTROL STRUCTURES BUll..DING
PRINCIPAL STRUCTURES
MINIMUM LOT 9,000 SF 1,700 N/A 5,000 SF
AREA
MINIMUM LOT 90' 20' 0' 20'
WIDTH
MIN FRONT 20' 20' 0' 20'
YARD *
MINSIDE YARD 15' 0' 0' 10' **
MIN REAR YARD 15' 15' 0' 15' **
MIN. DISTANCE
BETWEEN 20' 10' N/A N/A
STRUCTURES
4 stories,
MAX. BLDG. HT. not to 2 stories, not to 35' *** 1 story, not to exceed 35' ***
NOT TO EXCEED exceed 65' exceed 35' ***
***
MINIMUM 750 SF 1,000 SF 100 SF (400 SF Max) 1,000 SF
FLOOR AREA
ACCESSORY STRUCTURES
FRONT 20' 20' 0' 10'
SIDE 10' 0' 0' 0'
REAR 15' 15' 15' ** 15'**
DISTANCE
BETWEEN 10' 0' 0' 0'
PRINCIPAL
STRUCTURE
MAX. BLDG. HT. 20' 20' 20' 20'
NOT TO EXCEED
* Front Yard measured from back of curb. Distance from the side-loaded garage doors to the
back of sidewalk shall be no less than 23 '
** Water setback (seawalllbulkhead) = 0'
*** "ZOned Height
GENERAL: Except as provided for herein, all criteria set forth above 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.
9
EXHIBIT A
MASTER PLAN
10
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EXHIBIT B
LIST OF REQUESTED DEVIATIONS FROM LDC
Deviation 1. Seeks relief from LDC Section 6.06.01.0 which requires minimum local street
right-of-way width of 60 feet to allow a 40' private access easement.
This deviation is justified due to the small-scale setting of the proposed 'neighborhood '. This
addresses concerns that a larger road right-of-way is conductive to higher speeds, and physical
design of the broader road right-oJ-way becomes less articulated and does not relate to the
neighborhood scale. The 40 feet private access easement for a residential street will successfully
facilitate movement of the vehicular, pedestrian and bike traffic while accommodating all utility
and drainage needs. This dimension for a neighborhood right-oJ-way accommodates all the
standard roadway functions so that the development is compact and open spaces can be
maximized and concentrated on the subject property.
Deviation 2. Seeks relief from Code of Laws & Ordinances 922-112 which requires for
excavated areas a maximum four to one slope from existing grade to a breakpoint at least 10 feet
below the control elevation, to allow slopes shall be no steeper than three to one.
The existing lake was not excavated to the current standard ofa 4:1 slope to a breakpoint of 10
feet below control. Re-grading the existing lake slope to today 's standard would be very
difficult. This deviation is requested to allow areas of the existing lake that will not be altered to
remain the current slopes and control elevation.
Deviation 3. Seeks relief from LDC Section 5.03.02, which limits fence or wall height to 6 feet
measured from unaltered ground level at the fence or wall location, to allow a 6 foot wall on a 2
foot berm for an overall height of 8 feet.
To allow maximum perimeter fence or wall height of 8 feet, including the berm. This additional
height allows the fence or wall to function relative to the graded site elevation and the Airport-
Pulling Road elevation. The two additional feet in height and adjustment to the measurement
location responds to the site conditions so that the perimeter fence or wall functions to visually
and physically define and protect the neighborhood edge. This deviation is intended to ensure
compatibility with surrounding uses.
Deviation 4. Seeks relief from LDC Section 6.06.01.J, where dead-end streets shall be prohibited
except when designed as a cul-de-sac. When a street is designed to be extended when the
adjacent property is developed, a temporary cul-de-sac and right-of-way shall be designed. Cul-
de-sac in excess of 1,000 feet shall not be permitted unless existing topographical conditions or
other natural features preclude a street layout to avoid longer cul-de-sac. When conflicts occur
11
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.;:,<~
between the design standards of this section and Ordinance No. 86-54, the County Fire
Protection Code, or its successor ordinance [see Code ch. 58, art. III], the standards of this
section shall take precedence.
This deviation is requested to clarify that the rear of a cul-de-sac would be allowed to be located
a maximum distance of 1, 100 feet from the right-ol-way line of Airport-Pulling Road if deemed
necessary for fire protection purposes, which is requested to reflect existing site conditions (i.e.
Lake location and a narrow site)
Deviation 5. Seeks relief from LDC Section 4.06.02 to allow a deviation from the 15' required
buffer adjacent to the office complexes along the northern property line.
This deviation will allow a 10' perimeter buffer along that the northern property line for that
portion of the northern property line abutting the existing office complexes. This deviation will
address site constraints along the northern property line, including a 15' utility easement. This
deviation will allow the site to be developed with a minimum overlap of 5' into the utility
easement. Pursuant to Ordinance 2004-31, as amended, it is understood that the developer, its
successor(s) in title or assignee(s) shall be responsible for all costs and expenses of any and all
repairs, replacements, maintenance and restoration of said improvements.
EXHIBIT C
12
811 :'l~,
DEVELOPMENT COMMITMENTS SPECIFIC TO THE PROJECT
1.1 PURPOSE
The purpose of this Section is to set forth the development commitments for
the development of the project.
1.2 GENERAL
All facilities shall be constructed in strict accordance with Final Site
Development Plans, 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
Land Development Code shall apply to this project even if the land within the
RPUD is not to be platted. The developer, his successor and assigns shall be
responsible for the commitments outlined in this document.
The developer, his successor or assignee shall agree to 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. ill addition
the developer will agree to convey to any successor or assignee in title any
commitments within this agreement.
1.3 PUD MASTER PLAN
A. Exhibit "A", RPUD Conceptual Master Plan 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 fmal
platting or site development plan application. Subject to the provisions
of Section 10.02.13 of the Land Development Code as amended.
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. Easements shall be
maintained by the developer, its successor(s) in title, or assignee(s).
C. The following shall be considered minor changes and refinements,
subj ect to the limitations set forth herein:
1. Minor reconfiguration of water features, lakes/water
retention or detention facilities, or other water
13
management facilities where such changes are consistent
with the criteria of the South Florida Water Management
District.
2. Minor changes to the configuration of the internal road
network.
1.4 SCHEDULE OF DEVELOPMENTIMONITORING REPORT AND
SUNSET PROVISION
A. This RPUD shall be subject to the Sunset Provisions of Section
10.02.13 of the Land Development Code. as amended.
B. An annual monitoring report shall be submitted pursuant to Section
10.02.13 of the Collier County Land Development Code. as amended.
1.5 TRANSPORTATION
The development of this RPUD Master:elan shall be subject to and governed
by the following conditions:
A. A gatehousellimited access facility shall be permitted within the
project's main entrance area, but shall not be located so as to impede
traffic flow (minimum 100 foot distance from edge of pavement to
stop-bar. and/or gate) on Airport Pulling Road, nor shall such facilities
be located within the Airport Pulling Road right-of-way.
B. Arterial level street lighting shall be provided at all development
points of ingress and egress. Said lighting shall be in place prior to the
issuance of the first permanent certificate of occupancy (CO).
C. External and internal improvements determined by Collier County
Transportation Staff to be essential to the safe ingress and egress to the
development shall not be considered for impact fee credits. All such
improvements shall be in place prior to the issuance of the first CO.
'D. 'All mooian operiings and driveway locations shall be in accordance
with the LDC, and Access Management Policy. as amended. Median
access and control will remain under the County's authority. The
County reserves the right to modify or close all median openings that
have been determined by Collier County Transportation Staff to have
an adverse effect relevant to operational circulation, safety conditions.
14
or concerns. A median opening shall be preserved for emergency
vehicle access to the emergency vehicle entrance.
E. Nothing in any development order will vest the right of access over
and above a right inlright out condition. Neither will the existence of a
point of ingress, egress and/or median opening, nor the lack thereof, be
the basis for any future cause of action for damages against the County
by the developer(s), its successor(s) in title, or assignee(s).
F. All accesses and roadways not located within a County right-of-way
shall be privately maintained by an entity created by th~ developer, its
successors in title, or assigns. The developer shall design and pay for
any required road improvements to Airport Pulling Road that will
provide access to the project (this includes previously referenced turn
lanes and other improvements such as lighting). Any future expansion
of Airport Pulling Road shall include the project's access and shall be
designed and paid for by the County during the construction of Airport
Pulling Road.
G. All work within Collier County right-of-way shall meet the
requirements of Collier County Right-of-Way Ordinance Number 03-
37, as amended.
1.6 WATER MANAGEMENT
The development of this RPUD Master Plan shall be subject to and governed
by the following conditions:
A. In accordance with the rules of the South Florida Water Management
District, the Princess Park RPUD project shall be designed for a storm
event of a 3-day duration and 25 year storm return frequency.
B. An excavation permit shall be required for the proposed lake (only if
the existing lake has to be modified) in accordance with the Collier
County Code of Ordinances. All lake dimensions will be approved at
the time of excavation permit approval.
C. Detailed paving, grading and site drainage plans shall be submitted to
Engineering Review Services for review and approval. No
construction permits shall be issued unless and until approval of the
15
proposed construction takes place in accordance with the approved
plans by Engineering Review Services.
D. Minor changes and/or modifications to Exhibit A shall be authorized
pursuant to Section 1.3 A. of the Princess Park RPUD.
E. A South Florida Water Management District surface water
management permit shall be obtained prior to site development plan
approval.
1. 7 UTILITIES
The development of this RPUD Master Plan shall be subject to and governed
by the following conditions:
A. Water distribution, sewage collection, and transmission lines to serve
the project are to be designed, constructed, conveyed, and/or owned
and maintained in accordance with Collier County Ordinance No. 01-
57, as amended, and other applicable County rules and regulations.
B. All customers connecting to the water distribution and sewage
collection facilities to be constructed will be customers of the County
and will be billed by the County in accordance with the County's
established rates.
C. The on-site water distribution system serving the Project shall be
connected to the District's water main and extended throughout the
project. This system shall be consistent with the main sizing
requirements specified in the County's Water Master Plan. During
design of these facilities, the following features shall be incorporated
into the distribution system:
Dead-end mains shall include dead-end flushing hydrants.
D. A water distribution system shall be constructed throughout the
development by the developer pursuant to all current requirements of
Collier County and the State of Florida. Water facilities constructed
within platted rights-of-way or within utility easements, as set forth in
Collier County Ordinance 01-57, as amended, shall be conveyed to the
County Water/Sewer District for ownership, operation and
maintenance. All water facilities constructed on private property and
not required by the County to be located within utility easements shall
16
be owned, operated, and maintained by the developer, his assigns or
successors.
E. All construction plans and technical specifications and proposed plats,
if applicable, for the proposed water system must be reviewed and
approved prior to commencement of construction.
F. A sewer distribution system shall be constructed throughout the
development by the developer pursuant to all current requirements of
Collier County and the State of Florida. Sewer facilities constructed
within platted rights-of-way or within utility easements, as set forth in
Collier County Ordinance 01-57, as amended, shall be conveyed to the
County Water/Sewer District for ownership, operation and
maintenance. All sewer facilities constructed on private property and
not required by the County to be located within utility easements shall
be owned, operated and maintained by the developer, its assigns or
successors.
G. All construction plans and technical specifications and proposed plats,
if applicable, for the proposed sewer system shall be reviewed and
approved prior to commencement of construction.
1.8 ENGINEERING
The development of this RPUD Master Plan shall be subject to and governed
by the following conditions:
A. Detailed paving, grading, site drainage and utility plans shall be
submitted to Engineering Review Services for review. No
construction permits shall be issued unless and until approval of the
proposed construction in accordance with the submitted plans is
granted by the Engineering Review Services Department.
B. Design and construction of all improvements shall be subject to
compliance with all applicable provisions of the Collier County LDC.
C. The developer, its successors and assigns, shall be required to satisfy
the requirements of all applicable County ordinances or codes in effect
prior to or concurrent with any subsequent development order relating
to this site including site development plans and any other application
that will result in the issuance of a final er local development order.
17
1.9 ENVIRONMENTAL
The development of this RPUD Master Plan shall be subject to and governed
by the following conditions:
A. Environmental permitting shall be in accordance with the State of
Florida Environmental Resource Permit Rules and be subj ect to review
and approval by Environmental Services Staff.
B. An exotic vegetation removal, monitoring, and maintenance (exotic-
free) plan for the site, with emphasis on the conservation/preservations
areas, shall be submitted to Environmental Services Staff for review
and approval prior to final site plan/construction plan approval.
C. The developer shall comply with the guidelines and recommendations
of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and
Wildlife Conservation Commission (FFWCC) regarding potential
impacts to protected wildlife species. Where protected species are
observed onsite, a Habitat Management Plan for those protected
species shall be submitted to Environmental Review staff for review
and approval prior to final site plan/construction plan approval.
D. This RPUD shall be consistent with the Environmental Sections of the
Collier County GMP Conservation and Coastal Management Element
and the Collier County LDC at the time of fmal site plan/construction
plan approval.
E. All approved agency (South Florida Water Management District
[SFWMD], United States Army Corps of Engineers [ACOE], and
FFWCC) permits shall be submitted to Environmental Services Staff
prior to SDP approval.
1.10 HISTORICAL AND ARCHAEOLOGICAL
A. Pursuant to Section 2.03.07 of the LDC, as amended, if, during the course
of site clearing, excavation, or other construction activity a historic or
archaeological artifact is found, all development within the minimum area
necessary to protect the discovery shall be immediately stopped and the
Collier County Code Enforcement Department contacted. Resumption of
construction activities shall be commenced immediately upon approval of
Collier County Code Enforcement Department, which shall provide for an
expedited review of issues surrounding said artifact.
18
8A
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January 26, 2007
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: PUDZ-A-2006-AR-9403; Princess Park
Dear Legals:
Please advertise the above referenced notice on Sunday, February 11,2007, and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.O./Account # 113-138312-649110
SA
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on TUESDAY, February 27, 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 PRINCESS PARK PLANNED UNIT
DEVELOPMENT "PUD" TO PRINCESS PARK RESIDENTIAL PLANNED UNIT
DEVELOPMENT "RPUD" KNOWN AS PRINCESS PARK RPUD, FOR PROPERTY
LOCATED 6780 AIRPORT-PULLING ROAD (CR 31) NORTH, IN SECTION 1,
TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 11.3+/- ACRES; PROVIDING FOR THE REPEAL OF
ORDINANCE NUMBER 84-34, AS AMENDED, THE FORMER PRINCESS PARK
PUD; AND BY PROVIDING AN EFFECTIVE DATE.
Petition: PUDZ-A-2006-AR-9403, Toll Brothers, Inc., represented by
Walter Fluegel, AICP, of Heidt & Associatesi and Richard Yovanovichr
of Goodlette, Coleman & Johnson, P.A'r 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 propertYr consisting of 11.3+/- acres, which is
located at 6780 Airport-Pulling Road North, in Section I, Township 49
Southr Range 25 East, Collier CountYr 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
8A
'fill
"
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)
8A
Dwigltt E. Brock
Clerk of Courts
'CQl!~pty-__~fC{)l,lier
CLERK OF THE GlRCQIT COURT
COLLIER COUNTY qoURT~O.. USE
3301 TAMIAMI T~IL EAiST
P.O. BOX 41\~044 \"
NAPLES, FLORIDA~~$101-3d44
1'/
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
January 26,2007
'.:__J
- /
Walter Fluegel, AICP
Heidt & Associates, Inc.
3800 Colonial Blvd.
Ft. Myers, FL 33912
Re: Notice of Public Hearing to consider Petition
PUDZ-A-2006-AR-9403: Princess Park
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, February 27, 2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, February 11,2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHTE.BROCK,CLERK
O-.tw- ~, 0L.
Ann Jennejohn,
Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.clerk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerk@clerk.collier.fl.us
8A
Dwight E. Brock
Clerk of Courts
CJil!pfy-ofCtJllier
CLERK OF THB'CIRCtJIT COURT
COLLIER COUNTyqoURT~O. USE
3301 TAMIAMI T~IL EA~T
P.O. BOX 4~~044 \.
NAPLES, FLORIDA~~,110l-3d44
'I .
Y( I
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
January 26,2007
Richard Y ovanovich
Goodlette, Coleman & Johnson, P.A.
4001 Tamiami Trail N. Suite 300
Naples, FL 34103
Re: Notice of Public Hearing to consider Petition
PUDZ-A-2006-AR-9403: Princess Park
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, February 27, 2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, February 11,2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
ihw. ~~ eL-
Ann J ennej ohn,
Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.clerk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerk@clerk.collier.tl.us
Dwight E. Brock
Clerk of Courts
'CQ1JJlty-ofC()lJier
CLERK OF THE.CI~C-qIT COURT
COLLIER COUNTY qo.. URTPJP. USE
3301 TAMIAMI TIM-IL EAi$T
P.O. BOX 41-~044 \,
NAPLES, FLORlDA~~~101-3044
"I .
\I(
8A
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
January 26, 2007
Toll Brothers, Inc.
28341 S. Tamiami Trail, Suite 4
Bonita Springs, FL 34134
Re: Notice of Public Hearing to consider Petition
PUDZ-A-2006-AR-9403: Princess Park
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, February 27, 2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, February 11,2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
&u.u ~oc.
Ann Jennejohn,
Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.c1erk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerk@clerk.collier.fl.us
8A
Ann P. Jennejohn
To:
Subject:
legals@naplesnews.com
PUDZ-A-2006-AR-9403 Princess Park
Attachments:
PU DZ -A-2006-AR-9403 .doc; P U DZ -A-2006-AR-9403.doc
Good Afternoon,
Please advertise the attached on Sunday, February 11, 2007.
Thank you,
PUDZ-A-2006-AR-9
403.doc (23 KB...
PUDZ-A-2006-AR-9
403.doc (25 KB...
Ann
Clerk to the Board
Minutes & Records Department
774-8406
(ann.j ennejohn@c1erk.collier.fl.us)
1
Ann P. Jennejohn
8A
From:
Sent:
To:
Subject:
ClerkPostmaster
Friday, January 26, 20074:09 PM
Ann P. Jennejohn
Delivery Status Notification (Relay)
Attachments:
A TT1 041 026.txt; PUDZ-A-2006-AR-9403 Princess Park
1!"1.~.....
~
ATT1041026.txt PUDZ-A-2006-AR-9
(229 B) 403 Princess P...
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1
8A
Ann P. Jennejohn
From:
Sent:
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Subject:
System Administrator [postmaster@naplesnews.com]
Friday, January 26, 2007 4:09 PM
Ann P. Jennejohn
Delivered: PUDZ-A-2006-AR-9403 Princess Park
Attachments:
PUDZ-A-2006-AR-9403 Princess Park
1',':::7." ','1
L:..J
PUDZ-A-2006-AR-9
403 Princess P...
<<PUDZ-A-2006-AR-9403 Princess Park>> Your message
To: legals@naplesnews.com
Subject: PUDZ-A-2006-AR-9403 Princess Park
Sent: Fri, 26 Jan 2007 16:08:32 -0500
was delivered to the following recipient(s):
legals, NDN on Fri, 26 Jan 2007 16:08:39 -0500
1
PUDZ-A-2006-AR-9403 Princess Park
Page 1 of 1
8A
Ann P. Jennejohn
From: Perrell, Pam [paperrell@naplesnews.com]
Sent: Friday, January 26,20074:31 PM
To: Ann P. Jennejohn
Subject: RE: PUDZ-A-2006-AR-9403 Princess Park
OK
From: Ann P. Jennejohn [mailto:Ann.Jennejohn@c1erk.collier.fl.us]
Sent: Friday, January 26, 20074:09 PM
To: legals@naplesnews.com
Subject: PUDZ-A-2006-AR-9403 Princess Park
Good Afternoon,
Please advertise the attached on Sunday, February 11, 2007.
Thank you,
<<PU DZ -A-2006-AR -9403 .doc>> < <PU DZ -A-2006-AR-9403. doc>>
Ann
Clerk to the Board
Minutes & Records Department
774-8406
(ann.jennejohn@c1erk.coll ier. 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.
1/2612007
NAPLES DAILY NEWS
Publishcd Oaih
!\'aples. FL 3-l102
Affidavit of Publication
State of Florida
County of Collier
Before thc undcrsigncd they servc as thc authority. personally
appcarcd B. Lamb. who on oath says that thcy
scrvc as the Assistant Corporate Secrctary of the Naples Daily,
a daily ncwspapcr published at Naples. in Collicr County.
Florida; distributcd in Collier and Lcc countics of Florida: that
the attachcd copy of thc advcrtising, being a
PUBLIC NOTICE
in the mattcr of PUBLIC NOTICE
was published in said ncwspaper I timc in thc issue
on February II tb, 2007.
A.mant ti.uiher says that the said "iaples Daily News is a newspaper
puhlished at 1\'aples, in said Collier County, Florida. and that the said
newspaper has heretof<'lre heen continuously puhlished in said Collier
County, Florida: distnbuted \t1 Collier and Lee counties of Florida.
c:a-:h day and has heen entered as second class mail matter at the post
"Hice ill \iap!es, in said Collier County, Florida, for a period of 1
\'Car next precedmg the Ilrst puhlication of the attached copy of
ad\'ertisement; and atliant further sa:,s that he has neither paid nor
promised any person, firm or corporation any discount, rehate.
commission or rdund for the purpose of securing this ad\eI1isemcnt for
publication in the said newspaper.
/l.~
( Signature of affiant)
Sworn to and subscribed bcforc me
This ll'h of Fcbruary. 2007.
~.
.;:::--r \
, .. . )
. -.( _J'L
(Signaturc of notary public)
__._~~~. r Ii
" !~' ::::,; ;""" S"," of ",,,'do I
"$~-Of "i r_x~,;~~'(;:;(:~:,(i~'c!,;~;'lg'.' ,r,. ,J
~O-"_",-CJ"-";":="='=='-..'"""'-'.o:....,....=~""""=,=,-",;,,,,, .-
FEI 59-2578327
QltD.
NO'T1ctoF
CONSIOP
N. otl,lle ta hiMIlY, Dfven I
thaton1'Ul\Sl>AY' "-ebru-
ary 27, 2001, In,"'e
Boardroom, 3rd Floor.
Admlnlstrat on BUlldll'!'l,
Collier COllntYGovern-
ment. Ctnter, 3301~.. ,t
Tamlatn' frail.' N . ..
florIda, the iQar..,\)~
CQunty Comml$ll~rs
will consider the en_-
ment of a COqnty, ~d1'
nance. The meet l'!'Iwlll
commenet at ':00 A.M.
The title of, the pro-
posed Ordinance I... as
follows:
AN ORDINANCE OF THE
BOARD OF COUNTY
COMMfS510NUS. OF
COU.IU COUNTY,
f 'AME'U)fNG
.0 *
.V..TH.E
C . .. NO
D ODE,
WHICH INCLUDES THE
COMPREHENSIVE ZON-
.~--MliWl;;AffEmS .FOft
THE ..lJfttNCORPORATED
AREA Ci:IIR=' . -
IV A
IPROPRf~ E
Z ATLAS MAP OR
M BY CHANGI
THE ONING CL
THE
REAL
PRI
UNIT .
T ""UD" TO
PARK RESI-
AN..'N. ED UNIT
DIV INT "RPUO"
KN ASPRIWCESS
pAAK.~fOR PROP- I
IW 61lIO AIR- ,
o ING . ROAD
( , INSEC-
TlO, 'SHIP 49
SOUTH,'RANGE 25 EAST.
C.O.L.LlIR COUNTY,
fLOJlI~' C TIN.G
OF 11,3.+ - PRO-
VlDlNG .. !AL
OF
E
F ;ARK
PUG: VIOING
AN I
i
petition: PUPZ'A-21l06-
AR~.T-liIt"'Qthars,
,.~c",.'.r.=' .r"s, nAtCte',..bJ
~;1dt. '. '. and
RICt\ArCf OlIltI!OYld!; of
, BA
Copies Of the proPO$ed
Ordln.ance are' on file
wIth the Clerk to the
foBoar!!l!'.!! are available
es'ttir......\lon. All Inter-
to atte= b~~~ed
NOTE: All persons wIsh.
ling to speak on eny
I !\CI8nda Item must regIS-
ter with the County ad-
I mlnlstratorDt/or. to pre-
sentatIon oflhe /lll8Ilda
Item to be addressed
b'ndl,v,'/dua' SP. eal<ers WU;
e mlt!ld to S minutes
on an:.- Item. The selec-
tion of an Individual to
speak on behalf of an
organization or group Is
encouraged. If recog.
nlzed blltbe...Cl!ali!lWl.
I a'fleke.person tor a'[
gro, u. p or organl~atlon
II'lI,Y be allot;ti!d 10 min.
utes to .peak on an
Item.
Persons wishIng to have
written or lIrephlc. ma-
terlals, Incl~ded .In the
Boarde,enda packets
mu.tsubmft saldma-
tenet a mlnltnum 'ot 3
weeks prIor to the re-
SP, ectlvepvbllc htatll'!'l,
In any case, written ma-
terials Intended to be
.. conslcMred by the Board
i shall be SUbmitted to
I ~appl'9Prlate County
I ~-, II mh'llmuri! ot sev-
Ie!!.... day..ss. P prlr.o orr to .fhe
P_I_,Cheatlng. All ma.
ter ow tlSed 'n presenta-
tions before the Boerd
will .become a perma-
nent Part of the record.
Any perSon who decides
I~ ..'i.., ..~*'. .... 'a decISlon..of
c~"'iruJ'l1 need a re-
Phettaln,nil. t~=
tllef'et'Ol'e, may n~ td
ensure that . a verbatim
'record Of tha proceed-
n'!. IslJfllde, which re-
co, ""netudeS the testl.
monYllnd evIdence
~~~~ICh the appeal
BOARD OF CO.UNTY
COMMI$$IOHERS
C 0 ~ LIE R g,Q..lUUy
FU,.Ii.. '. ..
JAMES COLmA, CHAIR.
MAN
DWIGHT E, BROCK
CLERK '
~~: ~~ohn, DIp-
<5~AL)
Feb. 11 No. 1~13355
\
8 C
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
"I'
To: Clerk to the Board: Please place tbe following as a:
XXX Normal Legal Advertisement Other:
(Display Adv., location, etc.)
....*.**.**..........*......********...*****.****************~*****************'********
Originating Dept/ Div: Comm.Dev.Serv.lPlanning Person: Kay Deselem ~ Date: I ~/7 fO b
Petition No. (If none, give brief description): RZ-2005-AR-727 I , Public Facilities Rezone
Petitioner: (Name & Address): Agnoli Barber & Brundage, Inc., Fred Reischl, AICP, 7400 Tamiami Trail North, Naples,
FL 34108
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Collier
County Public Utilities Department, Attn. Alicia Abbott, 330 I Tamiami Trail, E., Bldg. H., Naples, FL 34 112
Hearing before BCC
BZA
Other
Requested Hearing date:
February 27. 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: RZ-2005-AR-7271. Collier County
Public Utilities Department, represented by Fred Reischl, AICP, of Agnoli, Barber & Brundage, Inc., requesting a rezone
from the Agricultural (A) zoning district to the Public Use (P) zoning district limited to Essential Service use only. The
subject property, consisting of 42.2 acres, is located at 1300 Manatee Road, in Section 10, Township 51 South, Range
26 East, Collier County, Florida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
131-138326-649100
No If Yes, what account should be charged for advertising costs:
:;:::: l/)'J. Jr
/Department Head
Approved by:
County Manager
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval
before submitting to County Manager. Note: If legal document is involved, be sure tbat 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: \.. .a 1- 0 ~
Date of Public hearing: ~ Date Advertised: ~D1-
ORDINANCE. NO. 07 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COlLIBR. COUNTY, FLoRIDA, AMENDING ORDINANCE NUMBER. 2004-
41, AS AMENDED, nm COUlER COUNTY LAND DEVELOPMENT CODE,
WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA. OF COlLIBR. COUNTY, FLORIDA. BY
AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS TO
CHANGE THE ZONING CLASSIFICA110N OF 'l1IB SUBJECT REAL
PROPERTY LOCATED AT 1300 MANATEE ROAD IN SECTION 10,
TOWNSIDP 51 SOUl'H, RANGE 26 BAST, COlllBB. COUNTY, FLORIDA,
FROM 'IHB AGRICULTURAL (A) ZONING DISTRICT TO THE PUBUC USE
(P) ZONING DISTRICT; PROVIDING FOR AN BFFP.CTIVE DATE.
WHEREAS, Fred R.eischl, AICP, of Agnoli Barber &; Brundage, Inc., ~tiDg Collier
County Public Utilitiea Department, petitioned the Board of County Commisaioners to cluinge the
zoning classification of the aubjectreal property 88 part of Petition Number RZ-200S-AR.-7271.
NOW, THERl3PORE, BE IT ORDAINED BY TIlE BOARD OF COUNI'Y
COMMISSlONERS OF COIJ...IER COUNI'Y, FLORIDA. that:
SECrlON ONE:
The zoning clas&ification of the subject real property described in BxlUbit " A", which is
incorponted herein and by reference made part hereof, located in Section 10, Townwp 51 South,
Range 26 Bast. Collier County, Florida, is hereby ch.angcd from the Agricultural (A) zoning
diatrlct to the Public UIIO (P) zoning district, subject to the CODditiona shown in &hibit ''S.'' The
appropriate zoning atlu map or maps, aa described in Ordinance 2004-41,88 amended, the Collier
County Land Development Code, arc to be amended lICCordingly.
SECTION'lWO:
This OIdinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY AooPl'BD by aupermajority vote of the Board of County
Commissioncn of CoIHCl" County, Florida, this day of , '1JXf7.
ATI'BST:
DWlGHI' E. BROCK., CLERJ{
BOARD OF COUNI'Y COMMISS10NERS
COLLIER COUNTY, FLORIDA
By:
By;
lAMES COI.BITA, CHAlRMAN
, Deputy Clcd:
Attachmanll: bit A - Lop.I DoIcripdon
ExhIbit B - CoDdiIioaI of Approval
8
c
~
8 uG-.
1 ~
-
..
~
LEGAL. DESCRIPTION
(O.R. 8001< 1011, PAGE 1887)
FRACTIONAL.
THE SOUTHEAST 1/4- OF THE NORTHE:AST .',/4 OF' 'SECTlON 10, . .
TOWNSHIP 51 SOUTH, RANG~ 26 EAST; COWER COUNTY, FLORIDA..
EXCEPTING mffiEFROU THE NORTH 30. FEET. .
MElFS AND BOUNDS
BEGIN AT THE SOUTHWEST CORNER. OF THE SOUTHEAST 1/4 OF THE NoRTHE:AST 1/4
OF SECTION 10, TOWNSHIP 5f SOUTH; RANGE 26 CAST. COLLIER COUNTY, FLORIDA,.
THE:NC~ RUN N 01'57'50" E. ALONG mE WfST. UNE OF SAID FRACTION FOR A
D1STANC~ OF 1.J40.25 FEET. TO THE POINT OF' INTERSECTION OF mE SOUTHERLY
RIGHT OF WAY UNE OF MANATEE ROAD -AND THE WEST UNE OFSAlO FRACTTON.
THENCE Rl/N S 8V16'39- E, ALONG THE SOUTH RIGHT OF WAY UNE OF'MANATEE:
ROAD, 8E1NG 30 FEEl" SOUTH OF AND' PARAI..lEL TO THE NORTH UNE. OF SAID
FRACTION, FOR. A DISTANCE OF' 1370.51 FEET TO THE POINT OF INTERSECTION. OF
THE SOUTHERLY RIGHT OF WAY UNE. OF MANATEE ROAD AND THE E:AST UNE OF SAID
FRACTION, THENCE RUN S 01'59.'18- If. ALONG THE EAST UNt OF SAID FRACTION,
. FOR A DISTANCE OF 13.43.72 FEET TO THE. SOUTHI:AST CORNER. OF SAID FRACTION.
. THENCE RUN N 89'OS'OO'''W ALON~ THE SOUTH UNE OF' SAID FRACTION, FOR A
DISTANCE OF 1369.87 FEET TO THE POINT OF BEGlNNlNG; CONTAINING 42.203
. ACRES, MORE OR LESS.
RZ-2005-AR-7271
EXHIBIT A
8 C
PUBLIC FACILITIES REZONE
RZ-2005-AR-7271
CONDITIONS OF APPROVAL
1. The uses allowed on this site are limited to the description found in the LDC Section
2.01.03 as further described below:
Essential services are hereby defined as services designed and operated to provide water,
sewer, gas, telephone, electricity, cable television or communications to the general
public by providers which have been approved and authorized according to laws having
appropriate jurisdiction, and government facilities. Essential services are allowed in any
zoning district subject to the following conditions:
A. The following uses shall be deemed permitted uses in all zoning districts, except
CON districts, RFMU sending lands, NRP AS, HSAS, and FSAS:
1. Water lines and sewer lines;
2. Natural gas lines, except those associated with oil extraction and related
processing operations as defined in this Code and regulated under applicable federal and
state law;
3. Telephone lines, telephone switching stations, and cable television lines;
4. Communication towers, limited to those providing wireless emergency telephone
service, subject to all applicable provisions section 5.05.09 of this Code;
5. Electrical transmission and distribution lines, substations, and emergency power
structures;
6. Sewage lift stations and water pumping stations;
7. Essential service wells (including extraction facilities and requisite ancillary
facilities); and
8. Any other wells which have been or will be pennitted by the South Florida Water
Management District or the Florida Depar1Jnent of Environmental Protection
either prior to or subsequent to the effective date of this ordinance, or if the
respective well and/or well related facility is otherwise required to be installed or
constructed by law. If any proposed well is a Collier County owned well under
the permitting jurisdiction of a Florida agency, staff, early in the County's well
permit application process, shall post sign(s) at the County's proposed well site(s)
and shall provide written notice that the county has applied for a required well
permit to property owners within 300 feet of the property lines of the lots or
parcels of land on which the applied-for well is being sought by the County,
including, if applicable, the times and places of the pennitting agency's scheduled
public hearings.
2. Structures shall not exceed an actual height of 60 feet, measured from the centerline of
the road.
3. Structures shall maintain a 100 foot wide minimum setback on all sides.
Conditions of Approval 1-26-07
EXHIBIT B
8 C
January 31, 2007
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: RZ-2005-AR-7271; Public Facilities Rezone
Dear Legals:
Please advertise the above referenced notice on Sunday, February 11, 2007 and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Ann J ennej 000,
Deputy Clerk
P.O.!Account # 131-138326-649100
8 C
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, February 27, 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 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 CHANGE THE ZONING CLASSIFICATION OF THE
SUBJECT REAL PROPERTY LOCATED AT 1300 MANATEE ROAD IN SECTION
10, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
FROM THE AGRICULTURAL (A) ZONING DISTRICT TO THE PUBLIC USE (P)
ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE.
petition RZ-2005-AR-7271, Collier County Public Utilities
Department, represented by Fred Reischl, AICP, of Agnoli, Barber
& Brundage, Inc., requesting a rezone from the Agricultural (A)
zoning district to the Public Use (P) zoning district limited to
Essential Service use only. The subject property, consisting of
42.2 acres, is located at 1300 Manatee Road, in Section 10,
Township 51 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
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.
8 C
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)
Dwight E. Brock
Clerk of Courts
GQl!Pty-.~fG()Uier
CLERK OF THE (JIRCQIT COURT
COLLIER COUNTY p.. URTPfP. USE
3301 TAMIAMI T-'tU\IL EA~)T
P.O. BOX 4~~044\
NAPLES, FLORIDA'~,4101-3d44
'~:(
8
c
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
January 3 1, 2007
'-, )/
-,.. -/'
Agnoli, Barber & Brundage, Inc.
Fred Reischl, AICP
7400 Tamiami Trail North
Naples, FL 34108
Re: RZ-2005-AR-7271; Public Facilities Rezone
Dear Petitioner:
Please be advised that the above referenced petition will be considered by the Board
of County Commissioners on Tuesday, February 27, 2007, as indicated on the
enclosed notice. The legal notice pertaining to this petition will be published in the
Naples Daily News on Sunday, February 11,2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~ ~~ .{(J(.
Ann Jennejohn, Deputy Clerk
Phone - (239) 732-2646
Website: www.clerk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerk@clerk.collier.fl.us
8 C
Ann P. Jennejohn
To:
Subject:
legals@naplesnews.com
RZ-2005-AR-7271; Public Facilities Rezone
Attachments:
RZ-2005-AR-7271.doc; RZ-2005-AR-7271.doc
Please advertise the attached on Sunday, February 11, 2007.
Thank you,
RZ-2005-AR-7271.
doc (23 KB)
RZ-2005-AR-7271.
doc (25 KB)
Ann
Clerk to the Board
Minutes & Records Department
774-8406
(ann.jennejo hn@c1erk.collier.fl.us)
1
Ann P. Jennejohn
8
c
From:
Sent:
To:
Subject:
ClerkPostm aster
Wednesday, January 31, 20074:39 PM
Ann P. Jennejohn
Delivery Status Notification (Relay)
Attachments:
ATT1835083.txt; RZ-2005-AR-7271; Public Facilities Rezone
[!:.,..-"
~
F:-7I. /
L.::J
A1T183S083.txt RZ-200S-AR-7271;
(229 B) Public Facili...
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
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legals@naplesnews.com
1
Ann P. Jennejohn
8 C
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Wednesday, January 31, 20074:39 PM
Ann P. Jennejohn
Delivered: RZ-2005-AR-7271; Public Facilities Rezone
Attachments:
RZ-2005-AR-7271; Public Facilities Rezone
~
L:::J
RZ-2005-AR-7271;
Public Facili...
<<RZ-2005-AR-7271; Public Facilities Rezone>> Your message
To: legals@naplesnews.com
Subject: RZ-2005-AR-7271; Public Facilities Rezone
Sent: Wed, 31 Jan 2007 16:39:01 -0500
was delivered to the following recipient(s):
legals, NDN on Wed, 31 Jan 2007 16:39:09 -0500
1
RZ-2005-AR-7271 ; Public Facilities Rezone
.pnM 1 ofl
8
c
Ann P. Jennejohn
From: Perrell, Pam [paperrell@naplesnews.com]
Sent: Thursday, February 01, 2007 9:38 AM
To: Ann P. Jennejohn
Subject: RE: RZ-2005-AR-7271; Public Facilities Rezone
OK
From: Ann P. Jennejohn [mailto:Ann.Jennejohn@c1erk.collier.fl.us]
Sent: Wednesday, January 31, 2007 4:39 PM
To: legals@naplesnews.com
Subject: RZ-2005-AR-7271; Public Facilities Rezone
Please advertise the attached on Sunday, February 11, 2007.
Thank you,
<<RZ-2005-AR-7271.doc>>
<<RZ-2005-AR-7271.doc>>
Ann
Clerk to the Board
Minutes & Records Department
774-8406
(ann.j ennejohn@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
2/1/2007
NAPLES DAILY NEWS
Published Daily
Naples, FL :1-l1 02
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority, personally
appeared B. Lamb. who on oath says that they
serve as the Assistant Corporate Secretary of Ihe Naples Daily,
a daily newspaper published at Naples. in Collier County,
Florida: distributed in Collier and Lee counties of Florida: Ihat
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 II tll. 2007.
Affiant further says that the said Naples Daily :\ews is a newspaper
published at :\apks, 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,
cach day and has becn entered as second class mail matter at the post
"nice in '\aples. in said Collier County, Florida. for a period of I
year ne.,1 preceding the first publication "fthe attached copy of
advertisement; and affiant furthcr says that he has neither paid nor
promised any person. firm or corporation any discount rebate,
commission or rdhnd f,)r the purpose of securing this advertisement for
pub] ication in the said newspaper
/i ~ -1'
( Sigtk1ture of affiant)
Sworn to and subscribed before tile
This 11 tll of February, 2007
~'~'\~ ~L
(Signature of notary public)
'j !~1it'?;- ;'~~i:;~ ~~lJbi,~-;!ale of Flonda
~ ~~--", if f'/Iv C()t';"~r.'iS;;,;(;I" ) )U382729
"? 0, f\o'" ~~plres OYG)!20Q~;.
FEI 59-2578127
RZ-2005-AR-lll1
NOTICE OF INTENT TO
CONSIDER ORDINANCE
Notlqe III hereby g. .Iven
that .0nTue&d..y, Febru-
lIry27 ,2'~l)1. In the
Boardroom, .~rdftOqr.
AdmlnlstrlltiOl'l Building,
Collier Count)' Govern-
ment Center, 3301 East
T..mlaml. rr"lI.1. N..plesj
Florid.., the aO'lrd OT
County' CommiSSioners
will contlder. the enact.
ment of a County Ordl-
nance. The meeting will
commence at 9:00 A.M.
The title of. the pro,
posed' Ordln..nce Is as
follows: ,
AN ORDINANCE OF THE
BOARD OF COUNTY
COMMISSIONERS OF
COLLIER COUNTY,
FLORID~, AMENDING
OROINA.JlItCE NUMBER
2004-41, AS AMENDED,
THE COLLIER COUNTV
LAND DEVELOPMENT
CODE. WHICH 1RC\,.lJDE$
THE COMPREHENSIVE
ZONING REGULA:fIONS
FOR THEUNINCORPO-
RATED AREA 0' COLLIER
COUN.T'I1, FLORIDA.\. av
AMliNDll'lGTHE AP...RO;
PIUATE ZONING ATLAS
MAP OR .MAPS TO
CHANGE THE ZONING
CLASSIFICATION OF THE
SUBJECT REAL PROPER-
TV LOCATED AT UOO
MANATU ROAD IN SEC-
TION tOL TOWNSHIP 51
SOUTH,HANGE 26 EA$T,
COLLIER COUNTY.
FLO'RIO~I_f~OM THE
AGRlCULIUKAI. (A) ZON-
ING IUSTRI.CT TO THE
PUBlIC USE (P) ZONING
DISTRICT,j PROVIDING
FOR AN Et'I'ECTIVE DATE.
Petition RZ~2005-AR-
7271, CollIer County
Public Utilities Dep..r-
tmentl. represented by
Fred Helschl, AICP, of
'_ofl .,Iarber .&,IrUl:l-
dage, Inc., regutstlng ..
rezone from tt)e AlIricul-
tural(A) . loolng dIstrict
to tMPubllc Use' (P)
lonlng.dlstrtet limited
to Essentl..1 ServIce
use only. The subJect
property. contI sting of
42.2 acres, Is loelltea at
1300 M..n..tee Ro..d In
Section 10. Townshlf.
51 south, Range 26 Ells .
Collier County,FlorldL
~t
i
8e
CopIes of the pro~
OrcU\1ance are on file
. with the Clerk to the
Bo..rd I./.ld. lU'e ..vall able
for Ins~lon. All Inter-
ested ~ lU'e InYlted
to attei'ld and be heard.
NOTE:AlIllIIfllOns wish-
Intto I.pe..k on "ny
lIQiiU\.. Item /must reols-
ter with the COl:lnty..d-
mlntstrlltor trIOr to pre-
sentation 0 the aGend"
, . be addre."bed.
at s~akel'J Will
ed tol mtnutes
.on yltem. The selee-
tlOn of an Ind\vld\tal to
.pUk on beh~f of ..n
Qrgal\_on or. 1l/'01IP Is.
.ocou,ated"","f recog-
nized by the Ch..l1m..n,
a spokesperson for ..
group or oroanla. tlon
may be ..lIotted 10 min-
utes to spe..k on ..n
Item.
Persons w~e 1
written or graplllc lTIa-
terla.IS included .In the
Board ~end.. packets
~~r:i'~U~'\'~M~~ :ri
wee((s prior to the re-
spective public: he..rlng.
In toy case, written ma-
te,I.... I"tended' to lJe
cOnsidered bY the Board
Sh...... "..bll sllbmltted to
the' 1If. Pl1mr.... rlllU C.Oilnty
stiff . mtl'\ll'l'iUm of sev-
en dill)'s prior to the
pl.!b. .lie hear.lng. AU ma-
terial used In prepntl-
tlonsbefore the tIoard
will bllcome .. perma-
nllFlt part' of the reCord.
Any person who decides
to appQl .. declslcnof
the Board will need a re'
CQl'd of the proceedingS
pertal nlng thereto and
the'refol'e, mI.Y,"",d to
el'lSure that.. verbatim
record of the proceed-
1!lIS Is made, WhlC.h re-
cord Includes the tettl-
mony ..nd evIdence
UROn whIch the appeal
Is based.
BOARD' OF COUNTY
COMMlSSlON!RS
Cl;lL\,.lfR COUNTY,
='fAcOLETTA. .CHAIR-
DWIGHT E. BROCK.
CLERK
B~. Ann Jennejohn, Dep-
u Clerk
(S AL)
Feb. 11 No 1~tg;o7
80
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COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
fo: Clerk to the Board: Please place the following as a:
(XX Normal Legal Advertisement
Display Adv., location, etc.)
Other:
,.......*...*.*******.*.******..*.....**...........****....*...............*........**...**..*.......*...
)riginating Dept/ Div: Comm.Dev .Serv./PlanningPerson:Melissa Zone ~te:
'etition No. (If none, give brief description): PUDZ-2005-AR- 7820, ~ POOZ
'etitioner: (Name & Address): Johnson Engineering, Laura Spurgeon, 2350 Stanford Court, Naples, Fl. 34112
'-Jame & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Habitat for Humanity of
::::ollier County, Inc., 11145 Tamiami Trail E., Naples, Fl. 34113
f-Iearing before BCC
BZA
Other
Requested Hearing date: February 27. 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-2005-AR-7820. Habitat for Humanity of
Collier County, represented by Laura Spurgeon, of Johnson Engineering, is requesting a rezone from the Agrlcu1tural- 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.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
113-l383l2~9110
No If Yes, what account should be charged for advertising costs:
Reviewed by:
~YJ1.~ 'k/o1
Department Head Date '
Approved by:
County Manager
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for
same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies:
County Manager agenda file: to Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
*********..********************.....****....*...***...*****.*.*************..****.**********....**.***
FOR CLERK'S OFFICE USE ONLY:
Date Received: ~ Date of Public hearing: o....~ 1"'0 "t- Date Advertised: ~ 1-
_i
ORDINANCE NO. CJ7-_
AN ORDINANCE OF TIm BOARD OF COUNTY
COMMISSIONERS OF COUJER COUNTY. FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS
AMENDED. THE COILlER. COUNTY LAND
DEVELOPMENT CODB, WInCH INCLUDES nm
COMPRBHENSIVB ZONING REGULATIONS FOR THE
UNlNCORPORATHD AREA OF COLLIBR. COUNTY,
FLORIDA, BY AMENDING THE APPROPRIATE
ZONINo ATLAS MAP OR MAPS BY CHANGING TIm
ZONlNO CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM AGRICULTURE
wrm MOB~HOMB OVERLAy (A-MHO) ZONING
DISTRICf TO THE RESIDENI1AL PLANNED UNIT
DEVELOPMENT (RPUD) ZONING DIS1'RICf FOR A
PRamcr KNOWN AS KAICASA (RPUD) LOCATED
ALONG TIm NORTH smB OF STATE ROAD 29, JUST
EAST OF VILLAGE OAKS El..EMBN'rARY SCHOOL.
. AND APPROXIMATELY 2 MILES BAST OF THE
INTERSECTION OF STA'JE ROAD 29 AND COUNTY
ROAD 646, IN SEerrON 12. TOWNSHIP 47 SOUTH,
RANGE Z1 EAST. COLLIER COUNTY, FLORIDA,
CONSlSTING OF lOOt: ACRES; AND BY PROVIDlNO
AN BFFEC:rIVE DATE.
WHEREAS, Laura Spurgeon, AICP of JOHNSON ENOINEBRING, INC.,
representing HABlrAT FOR HUMANITY OF COllJER COUNTY INC., petitioned the
Board of County Conimiui0Der8 to change the zoning classification of the herein
cfelCribed real property.
NOW. TlIEREFORE, BE IT ORDATNFD BY THE BOARD OF COUNTY
COMMISSIONERS OF COWInt COUNTY, FLORlPA. that:
SECITON ONE:
The zoning classification of the herein described real property located in Section
12, Township 47 South, Range Z1 BasI, Collier County, Florida, is changed from the
Agriculture Mobile-Home Overlay (A-MHO) Zoning District to the Residential Planned
Unit Devclopmena (RPUD) Zoning District known IS Kaicasa Residential Planned Unit
Development in lCCordInce with the RPUD Document, attached hereto as Exhibit itA",
which is incorporated herein and by reference made part hereof. Tho appropriate zoning
atlas map or mllpl... deecn'bed in Ordinarx:e Nombel' 04-41, as amended, the Collier
. County Land DeYe10pmcnt Code, fa/are hereby amended accordingly.
aD
,,"'.f,!
SECTION TWO:
This Ordinance shall become effective upon fi1inI! with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote by the Board of County
Commissioners ofCollicr County, Florida. this _ day of
,2007.
ATTEST:
DWrGHT E. BROCK. CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk
JAMBS COLBTIA, CHAIRMAN
Approved as to fonn and
lepJ sufficiency
~~oujorioM. ......t_...
~" ~ County Attorney
2
~',~~
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:,~.~,
aD
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October 2006
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Community Development and Environmental Services Division
KAICASA RPUD
A
RESIDENTIAL PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE KAICASA RPUD, A
RESIDENTIAL PLANNED UNIT DEVELOPMENT, PURSUANT TO PROVISIONS OF THE COLIER
COUNTY LAND DEVELOPMENT CODE
PREPARED FOR:
HABITAT FOR HUMANITY
11145 Tamiami Trail East
Naples, FL 34113
PREPARED BY:
JOHNSON ENGINEERING, INC
2350 STANFORD COURT
NAPLES, FL 34112
DATE REVIEWD BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
Exhibit "A"
,
TABLE OF CONTENTS
LIST OF EXHIBITS AND TABLES
SECTION I
STATEMENT OF COMPLIANCE
PROPERTY OWNERSHIP & DESCRIPTION
SECTION II
SECTION III
SECTION IV
SECTION V
SECTION VI
PROJECT DEVELOPMENT
RESIDENTIAL AREAS
PRESERVE AREAS
DEVELOPMENT COMMITMENTS
DEVIATIONS
tiU
October 2006
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PAGE
ii
I-I through 1-2
II-I throughII-2
III-I through III-3
IV-I through IV-I
V-I through V-3
VI-I
,t'l
~
EXHIBIT 1
EXHIBIT 2
TABLE 1
TABLE 2
BlJ
October 2006
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LIST OF EXHIBITS AND TABLES
Location Map
RPUD Master Plan
Project Land Use Tracts
Page II-I
Development Standards
Page 11I-2
i
8D
October 2006
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STATEMENT OF COMPLIANCE
The subject property consists of 100:!:: acres of property in Collier County, Florida, and will be developed as a
Residential Planned Unit Development (RPUD) to be known as the Kaicasa RPUD. The property is located within
the Immokalee Planning Community. The proposed development will consist of up to 400 residential dwelling units
in the form of single family attached or detached, zero lot line, two-family, duplex, or multifamily housing. The
proposed development will be in compliance with the goals, objectives and policies set forth in the ColIier County
Growth Management Plan (GMP) for the following reasons:
1. The subject property is within the Immokalee Urban Area, as depicted on the countywide Future Land Use
Map, and is designated High Residential District on the Immokalee Area Master Plan (lAMP) Future Land Use
Map. According to the lAMP, the purpose of the High Residential District is to provide for a district of high density
residential development. Residential dwellings shall be limited to multi-family structures and less intensive units
such as single family and duplexes provided they are compatible with the district. A density less than or equal to
eight (8) dwelling units per gross acre is permitted. The proposed residential development is consistent with the
parameters described in the lAMP for the High Residential District, and satisfies Objective II. 1 of the lAMP.
2. The proposed road and sidewalk system for the project provides for movement of pedestrians, motorized, and
non-motorized vehicles consistent with Objective VI.1 of the lAMP. In accordance with GMP Future Land Use
Element Policy 7.3, location of a proposed interconnection point with the adjacent Farmworkers Village property is
shown on the master plan.
3. The project development is compatible and complementary to existing and future surrounding land uses as
required in Policy 5.4 of the Future Land Use Element. The proposed residential project will be consistent with the
only existing adjoining development, which is the Farmworker's Village residential project to the west The
Immokalee Future Land Use Map designates property to the north, east and west as High Residential and property to
the south as Low Residential. The proposed development will be consistent with all these designations for future
use of surrounding properties.
4. The project development shall comply with stormwater quality and quantity standards described in the Drainage
Sub-Element of the Public Facilities Element The site is designed to include preserved native vegetation. consistent
with Goal IV of the lAMP.
5. The projected density of 4 dwelling units per acre (DU/A) is in compliance with the lAMP based on the
following relationships to required criteria:
Density per High Residential designation
on Immokalee Future Land Use Map
8DU/A
Affordable housing density bonus
(100% are for low income households)
8 DU/A
Permitted density
16 DUlA
PROPOSED DENSITY 4 DU/A
400 units on I DOt acres (gross acreage for residential use)
6. The provision of affordable housing in this development is consistent with Goal 1 of the Housing Element of
the GMP and Goal III of the lAMP by creating affordable housing for residents of Collier County, including low
and moderate income persons, rural residents, and farmworkers. The proposed project increases the number of
affordable housing units to meet the housing needs of the County, which is consistent with Objective 1 of the
Housing Element.
7. All final local development orders for this project are subject to the ColIier County Adequate Public Facilities
Ordinance in accordance with Policy 11.1.2 of the lAMP.
ii
8D
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SECTION I
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 ofKaicasa RPUD.
1.2 LEGAL DESCRIPTION
The subject property, being lOot acres, is described as:
That portion of referenced parcel 8 in Section 13, Township 47 South, Range 29 East. and that
portion of referenced parcel 8 in Section 12, Township 47 South, Range 29 East. Collier County,
F]orida, described in O.R. Book 2]53, Page 1901, being more particularly described as follows:
Beginning at a 4" by 4" concrete monument found marking the Southwest corner of said Section
12; thence North 02013'13" West along the West line of Southwest 1/4 of said Section 12, a
distance of 2670.91 feet to a 4" x 4" concrete monument found marking the Northwest corner of
the Southwest 1/4 of said Section 12; thence North 02013'27" West along the West line of the
Northwest 1/4 of said Section 12 , a distance of 179.09 feet' thence departing said West line, North
87046'47" East a distance of 1235.30 feet; thence South 02013'13" East along a line 1235.30 feet
East of and parallel with the West line of the Southwest 1/4 of said Section 12 a distance of
4193.59 feet to the Northerly maintained right-of-way line of State Road No. 29; thence North
45003'20" West along said Northerly line a distance of 730.92 feet; thence North 44055'22" West
to an intersection with the Westerly line of said Section 13, a distance of 1088.66 feet; thence
North 02019'02" West along said Westerly line, a distance of 7.56 feet to the point of beginning
LESS AND EXCEPT THEREFROM all right. title and interest of the Grantor, ifany, in and to the
oil, gas and minerals of every kind or character located in, on or under, or that may be produced
from said property.
A site location map is provided as EXHmIT l.
1.3 PROPERTY OWNERSHIP
The subject property is currently under the ownership of:
Habitat for Humanity of Collier County, Inc.
] 1 ]45 Tamiami Trail East
Naples, FL 34113
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A The project site is located at the southwest corner of Section 12, Township 47 South, Range 29 East and at
the northwest corner of Section 13, Township 47 South, Range 29 East. The project entrance is along the
north side of State Road 29, just east of Village Oaks Elementary School, and approximately 2 miles east
of the intersection of State Road 29 and County Road 846.
B. The zoning classification of the subject property prior to the date of this approved RPUD Document was
A-MHO, Rural Agricultural with Mobile Home Overlay.
I-l
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1.5. PHYSICAL DESCRIPTION
The project site is located within the South Florida Water Management District. The natural drainage of the site is
in a south and southeasterly direction, to the S.R. 29 canal along the project's southern border. The canal, in turn,
discharges into the Fakahatchee Strand Preserve. The application includes a water management report and plan.
Water management for the proposed project is planned to utilize existing wetland features with added capacity in
lakes. Elevations within the project site range from 21 to 29 feet above mean sea level. Most of the site, however,
has an elevation within 25 to 27 feet. The entire site is in Flood Zone A according to Firm Map Panel Number 150
(12021COI50G) dated November 17, 2005.
The soil types on the site include Chobee, Winder, and Gator soils, depressional (approximately 28 percent), and
Wabasso fine sand (approximately 72 percent). Soil characteristics were derived from the USDA/NRCS Soil
Survey for Collier County, Florida.
1.6. PROJECT DESCRIPTION
The project is a residential neighborhood of 400 single family attached or detached, zero lot line, two family,
duplex, or multifamily dwelling units designed with attention to natural site features. The project includes
residential areas, streets, water management features, preserve areas and a recreation area. The site shall be
designed, permitted and developed with acceptance by the County in phases through estimated_buildout in 2009.
1.7. SHORT TITLE
This Ordinance shall be known and cited as the "Kaicasa Residential Planned Unit Development Ordinance. II
1-2
B-fl
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SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.t. PURPOSE
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.
2.2. GENERAL
Regulations for development of Kaicasa shall be in accordance with the contents of this document, RPUD-
Residential Planned Unit Development District and other applicable sections and parts of the Collier County Land
Development Code (LDC) and GMP in effect at the time of building permit application. Where these regulations
fail to provide developmental standards, the provisions of the most similar district in the LDC shall apply.
2.3. 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 2, RPUD Master Plan. There shall be residential land use tracts, plus necessary
water management lakes, street rights-of-way, the genera] configuration of which is also illustrated by
EXHIBIT 2.
TABLEt
Project Land Use
Residential
TYPE
Single family attached or
detached.. Zero lot line,
Two family, Duplex,
Or Multifamily
UNITS
400 DU
ACREAGE
48.05 ACRES
Lakes
9.02 ACRES
Preserve
Preserves (minimum 24.1 acres)
including upland buffers
30.18 ACRES
RoadsIR.O.W.
]2.75 ACRES
too.OO TOTAL ACRES
B. Areas illustrated as lakes in EXHIBIT 2 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 lakes
and intermittent wet and dry areas shall be in the same general configuration and contain the same general
acreage as shown by EXHillIT 2. Minor modification to all tracts, lakes or other boundary may be
permitted at the time of plat or site development plan approval, subject to the provisions of Sections
]0.02.03 and] 0.02.04 of the LDC or as otherwise permitted by this RPUD document.
C. In addition to tracts shown in EXHIBIT 2, such easements as necessary (utility, private, or semi-public)
shall be established within or along the various tracts as may be necessary.
2.4. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE
A maximum of 400 residential dwelling units shall be constructed in the total project area.
II-l
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The gross project area is IOO:!: acres. The gross project density, therefore, will be a maximum of 4 DU/A.
2.5. RELATED PROJECT PLAN APPROVAL REOUlREMENTS
EXHIBIT 2, RPUD Master Plan, constitutes the required RPUD development plan. Subsequent to or concurrent
with RPUD approval, a site development plan and/or subdivision plat shall be submitted for the project.
II-2
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SECTION III
RESIDENTIAL AREAS PLAN
3.1. PURPOSE
The purpose of this Section is to identify specific development standards for areas designated as Residential tracts
on EXHIBIT 2.
3.2. MAXIMUM DWELLING UNITS
A maximum of 400 dwelling units shall be allowed within the Kaicasa RPUD.
3.3. 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:
(I) Single family detached dwelling units (A building which contains only one dwelling unit and is
intended, designed, used and occupied by no more than one family)
(2) Zero lot line dwelling units (A single family attached or detached dwelling structure on
individually platted lots which provides a side yard on one side of the dwelling and no yard on the
other)
(3) Two-family dwelling units (A single, freestanding conventional building intended, designed, used
and occupied as two dwelling units attached by a common wall or roof, but wherein each unit is
located on a separate lot under separate ownership)
(4) Duplex dwelling units (A single, freestanding, conventional building on a single lot, which
contains only two dwelling units and is intended, designed, used and occupied as two dwelling
units under single ownership, or where each dwelling unit is separately owned or leased but the lot
is held under common ownership)
(5) Single family attached dwelling units.
(6) Multifamily dwelling units.
B. Accessory Uses:
( 1 ) Customary accessory uses and structures, including private garages.
(2) Common recreation amenities and play areas.
3.4. DEVELOPMENT STANDARDS (See Table II)
A. GENERAL: All setbacks shall be in relation to the lot boundaries, except as otherwise provided (See
Table II, Schedule of Development Standards).
B. BUILDING HEIGHT: Building height shall be measure from the fmished fITst floor elevation 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.
C. GARAGE REOUlREMENT: A minimum of a single car garage is required for each dwelling unit.
III-l
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TABLE 2
Development Standards for ResIdential Areas
Single Zero Two Duplex - unit is Single Family Multifamily
Family Lot Family- fee simple, lot Attached
Detached Line fee IS common
simple ownership
lot
PRINCIPAL STRUCTURES
Minimum Lot Area 3,000 s.f. 3,000 3,000 s.f. 7,000 s.f. 1,700 s.f. 9,000 s.f.
s.f.
Minimum Lot Widthl 35 feet 35 feet 35 feet 70 feet 1 7 feet 90 feet
Minimum Floor Area 900 s.f. 900 s.f. 900 s.f. 900 s.f. 900 s.f. 750 s.f.
Front Yard Setback2 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet
Side Yard Setback3 5 feet o feet or o feet or 5 feet 1 0 feet 10 feet
5 feet 5 feet
Rear Yard Setback 4 IS feet IS feet IS feet 15 feet 15 feet 15 feet
Preserve Setback~ 25 feet 25 feet 25 feet 25 feet 25 feet 25 feet
Maximum Building Height 35 feet 35 feet 35 feet 35 feet 35 feet 35 feet
2 stories 2 stories 2 stories 2 stories 2 stories 2 stories
Minimum Distance 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet
Between Principal
Structures
ACCESSORY STRUCTURES
Front Yard Setback S.P.S. S.P.S. S.P.S. S.P.S. S.P.S. S.P.S.
Side Yard Setback S.P.S. S.P.S. S.P.S. S.P.S. S.P.S. S.P.S.
Rear Yard Setback 5 feet 5 feet 5 feet 5 feet 5 feet 5 feet
(Accessory)
Preserve Setback6 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet
Maximum Building Height 35 feet 35 feet 35 feet 35 feet 35 feet 35 feet
2 stories 2 stories 2 stories 2 stories 2 stories 2 stories
Minimum Distance o feet or 10 o feet or o feet or o feet or 10 feet o feet or 10 feet o feet or 10
Between Principal and feet 10 feet 10 feet feet
AccessorvStructures7
1 On cui de sac lots and lots on the inside part of a curved street, minimum lot width may be reduced by 25%.
2 A minimum of 23 feet from edge of sidewalk to the garage must be provided, or 23 feet from edge of pavement
where no sidewalk is provided, except that side loaded garages may be 20 feet from property line if the applicant
demonstrates that 2 vehicles can be adequately parked on a driveway without overhanging onto the sidewalk.
3 FOT fee simple lots created as single family attached, zero lot line, or two family housing units, no side yard shall
be required between interior units of a unified principal structure, and the required side yard shall be measured from
the exterior wall of the principal structure. A minimum IO foot separation between principal structures shall be
maintained.
4 For lots adjacent to a lake, 0 feet from the lake maintenance easement No structures are permitted in the required
20 foot lake maintenance easement.
S Presetve setback for principal structures also applies to under roof attached structures part of the primary structure.
6 Presetve setback of 10 feet for accessory structures also applies to any site alteration, although fill may be
approved to be placed within 10 feet of the upland presetve but may not be approved to be placed within 10 feet of a
wetland presetve, unless it can be demonstrated that it will not negatively impact that wetland.
7 Attached accessory lanais or roofed screened areas qualify for O-foot separation. Detached accessory structures
require minimum of 10-foot separation.
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DeveloDment Standards Notes;
S.P.S.: Same as Principal Structure
Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area, shall define the
development standards to be applied by the Customer Services Department during an application for a building
permit.
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SECTION IV
PRESERVE AREA
4.1. PURPOSE
The purpose is to preserve and protect native vegetation and naturally functioning habitat such as wetlands in a
natural or enhanced state. The master plan shows up to 30.18 acres of preserved native vegetation, a minimum of
which 30.0 acres will be delineated as preserve tracts in fmal design and platting. This satisfies the LDC minimum
requirement of2S%, or 24.11 acres, to be dedicated as preserve area in the Kaicasa RPUD.
4.2. 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:
A. Principal Uses:
(1) Open spaces/nature preserves
(2) Water management structures
(3) Boardwalks subject to appropriate approvals by permitting agencies, however such structures shall
not reduce the retained native vegetation below the minimum required.
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SECTION V
DEVELOPMENT COMMITMENTS
5.1. PURPOSE
The purpose of this Section is to set forth the development commitments related to development of Kaicasa RPUD.
5.2. GENERAL
All facilities shall be constructed in accordance with fmal subdivision plans and all applicable state and local laws,
codes, and regulations applicable to this RPUD. The developer, his successor or assigns shall be responsible for the
commitments outlined in this document.
The developer, his successor or assigns 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, the
developer shall convey to any successor or assigns in title any commitments within this agreement.
5.3. RPUD MASTER PLAN
A. EXHIBIT 2, RPUD Master Plan, illustrates the proposed development and is conceptual in nature.
Proposed tract, lot or land use boundaries shall not be construed to be final and may be varied at any subsequent
approval phase such as fmal platting or site development plan application. Amendments may be made subject to the
provisions of the LDC.
B. All necessary easements, dedications, or other instruments shall be granted to ensure the continued
operation and maintenance of all service utilities and all common areas in the project.
5.4. SCHEDULE OF DEVELOPMENTIMONITORING REPORT AND SUNSET PROVISION
A. Development of the Kaicasa RPUD is proposed to be constructed beginning in mid 2007 with completion
in 2009. The Kaicasa RPUD shall be subject to the PUD Sunset Provisions of the LDC.
B. All of the dwelling units constructed within Kaicasa RPUD shall be committed to occupancy by income
restricted households at or below 60% of the median annual household income in Collier County at the time of
construction. Covenants and restrictions shall be applied to all of the dwelling units within Kaicasa RPUD to ensure
affordability of all dwelling units for a period of at least fifteen (15) years from the date of issuance of a Certificate
of Occupancy (CO).
C. By the time building permits for 100 residential units are issued. the developer shall have constructed at
least one playground area in the location shown on the RPUD Master Plan.
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5.5. TRANSPORTATION
A. The minimum right-of-way width for local streets within the Kaicasa RPUD shall be 50 feet, and street
intersections shall be provided with a minimum of a 20-foot radius (face of curb) for all internal streets and
a 35-foot radius for intersections at the project entrance. Tangents shall not be required between reverse
curves on any project streets.
B. 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 Collier County
LDC.
C. Arterial level street lighting shall be provided at the development main access point. Access lighting must
be in place prior to the issuance of the first permanent certificate of occupancy (C.O.).
D. Access points, including both driveways and proposed streets, shown on the RPUD Master Plan are
considered to be conceptual. Nothing depicted on the 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 fmal plat submissions. All such access points shall be consistent
with the Collier County Access Management Policy (Res. 01-247), as it may be amended from time to
time, and with the Collier County Long Range Transportation Plan. The number of access points
constructed may be less than the number depicted on the Master Plan; however, no additional access points
shall be considered unless a PUD amendment is to be processed.
E. In accordance with GMP Future Land Use Element Policy 7.3, location ofa proposed interconnection point
with the adjacent Farmworkers Village property is shown on the master plan.
F. 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 C.O.
G. All proposed median opening locations shall be in accordance with the Collier County Access Management
Policy (Resolution 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-inlright-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 County shall have no
responsibility for maintenance of any such facilities.
J. If any required turn lane improvement requires the use of 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.
5.6. STORMW ATER MANAGEMENT
A. The Kaicasa RPUD conceptual surface water management system is described in the Water Management
Report, which has been included in the RPUD rezone application materials. Water management
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infrastructure will be owned, operated and maintained by the developer until conveyed to the property
owner association.
B. A 100 foot wide drainage and maintenance easement, along the southern property line to encompass the
existing canal and provide maintenance access along the northern bank, shall be dedicated to CoIlier
County prior to issuance of the frrst C.O. This easement shall be clear of Code required landscaping since
it will be used for canal and canal maintenance purposes.
5.7. UTILITIES
A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project
by the developer. Potable water and sanitary sewer facilities constructed within the platted rights-of-way or
within dedicated utility easements shall be conveyed to Immokalee Water and Sewer.
B. Upon completion of the utility facilities, they shall be tested to ensure they meet Immokalee Water and
Sewer construction requirements in effect at the time construction plans are approved.
C. All customers connecting to the potable water and sanitary sewer system shall be customers of Immokalee
Water and Sewer.
5.8. ENVIRONMENTAL
A. Kaicasa RPUD shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife
Service (USFWS) and Florida Fish and Wildlife Conservation Conunission (FWCC) regarding potential
impacts to protected species on-site. A habitat management plan for protected species, including bear and
panther, shall be submitted to Environmental Services Staff for review and approval prior to final
construction plan approval.
B. Areas that fulfill the native vegetation retention standards and criteria of the GMP shall be set aside as
preserve areas. All preserve areas shall be identified as separate tracts and be protected by a permanent
conservation easement to prohibit further development. All preserve areas shall be designated as preserve
tracts on all construction plans and shall be recorded on the plat with protective covenants per or similar to
Section 704.06 of the Florida Statutes. Conservation easements shall be dedicated on the plat to the
Kaicasa homeowners' association, or like entity, for ownership and maintenance responsibility and to
Collier County with no responsibility for maintenance.
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SECTION VI
DEVIA nONS
Deviation #1 seeks relief from LDC Section 6.06.01.0 (also Construction Standards Manual as revised in Supp. 17,
03-55) which requires minimum local street right-of-way width of 60 feet.
Section 5.5.A. of the RPUD Document states, ''The minimum right-of-way width for local streets within the Kaicasa
RPUD shall be 50 feet." This deviation is justified because of the small-scale setting of the neighborhood. This
addresses concerns that a larger road right-of-way is conducive to higher speeds, and physical design of the broader
road right-of-way becomes less articulated and does not relate to the neighborhood scale. A 50-foot right-of-way for
a residential street can successfully facilitate movement of the vehicular, pedestrian and bike traffic while
accommodating all utility and drainage needs. The 50-foot right-of-way accomplishes traffic calming to provide a
safer transportation system within the community. This dimension for a neighborhood right-of-way accommodates
all the standard roadway functions so that the development is compact, and open spaces can be concentrated in areas
of the property for enhanced environmental quality.
Deviation #2 seeks relief from LDC Section 6.06.02, which requires construction of 5-foot wide sidewalks on both
sides oflocal streets.
One 5-foot wide sidewalk is proposed on one side of the street within those portions of Kaicasa RPUD where there
are no lots, where lots exist on only one side of the street. In all other areas, sidewalks would be placed on both
sides of the street. This facilitates pedestrian mobility while limiting the extent of impacts created by sidewalks on
both sides of the streets. The proposed sidewalks serve the purpose of connecting residents within the neighborhood
to on-site destinations as well as off-site to Farmworker's Village. This deviation will not adversely impact
pedestrian mobility for the project, and will reduce wetland impacts and reduce impervious areas for better water
quality and storm attenuation.
Deviation #3 seeks relief from the Construction Standards Manual as revised in Supp. 17, 03-55 which requires
tangents for all streets between reverse curves, unless otherwise approved by the community development and
environmental services division administrator.
Section 5.5.A of the RPUD Document states, "Tangents shall not be required between reverse curves on any project
streets." This deviation is justified because it is consistent with the Code provision for administrative discretion.
The streets within the Kaicasa RPUD are not at a traffic capacity or speed level to require tangents between reverse
curves. The site is designed with straight section curves and no super-elevated curves. With a speed limit of 25
mph, the design promotes traffic calming.
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1
N
Immokalee
Airport
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EXHIBIT 1
80
.
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COWER LANO HOLDlNQS.LTD
8>
10' TYPE "","
BUFFER
R
~IGH RE8ICfiNTIAl.
LAND USE KEY
RESIDENTII\I,(R}
-Single F....Iy. ~ or
0._
-Two Family
. Zoro L.ot LIne
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-common ArM
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10' nPE ""
BUFFEll
10 TYPE "","
BUFFEll N
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o 12:1' 250' 500'
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SCALE;, f- .. soot
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o PRl!8ERVEAREA
o WATlIlUW,,,,,_rANA
- RP\J1) IIOl.N:lMV
--- JUGHT~y
@ AD.W:EHT IXlNWca CLA8I1'lQ1,TlOOI
~ ADJAc.ollT LAND USli Cl.AIllIl'lCloTlON
. -, " . . ,
. . . . . . . .- . .. "
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COLLIER LAND
HOUlII'IGS. LTU
S
PROJECT LAND USE
RESIDENTIAl. USE AREA
LI\KE
PRESERVE"'
ROAD8IROW
TOTI\l NET ACREAGE
48.05"'C~
9.C12AC~
30.18 AC;t
12.75 AC~
100.00 AJ:.~
10' TYPE liD-
BUFFER
. . . , . . ' . . , 'PRESERVE. . ' . '. .'.
. . I . , , '_' . ',.'
COlJJER COUNlY
HOUSINO AUTHORITY
FI\RMWORKER'8
\IIUAGE
8
. . '. . " . . . ~ .
I . _. . . . .
IMPERVIOUS AREA 23.50 AC:I:
MINIMUM OPEN SPACE(8O%) 80.00 AC;t
400 UNrrsl100 AC. . 4 UNITS PER ACRE
~
lU'IJ\) MASTEIlI'LAN NOTES:
I.llpoo _....0 inoIudo...... ond plIlIIiva....-ion .... _.. pia,..........
aoIf -.. "-' tft>nrop. w.......ys 10.-. nood""", __ _ ond_
....iIiorapoa._ sl........... NIl ..ido... __0(_--. 01:
'MclKapod __
Z, lloc lU'IJ\) _ pion ahoI1 be"""""" ...........1 in_.
3. n.. tolollllllllbor .rdwolUlllll.nllllJ limi"'" 10 'lIlIlCimlImoHOO unlio.
4. The cIoIip ond pennitti.. .hU ;",pm.......... wilhio 0."""'_ of S_
Rood 29...U bo In __. with tII. Fk>rido Ilcpartment or~_io.
nqulromellll.
5. Wllhln 0. Koiooa RPUD. . 60% millilll1llllopan _ ohIIl bo _Ill .....Ib.
wbole ~l. A minimum 23% 1II1l.. ........ion ch.n b....tlIIodOll..h.lO
~~~~.. 0lId upland __ in........... witb Collier 0Junty
~
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~
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COC LANO
INVESTMENTlI. lNC.
@
. .A lllNll.IUlI OF 30.0 ACRES IMU.. BE
DElINEA lEDF'OR THE PURPOSE OF PRE5ER\/E
lRAClS IN THE FlNI\l DESIGN AND PLA mNo.
A lIINlllUll OF 24.11 ACRES IS REQUIRED PER
THE lDC NATI\/E \/EGET"'TlON RETENTION
RECUlREI.lEHT ON SllE.
I LOW RESIDeNTIAL I
]OHNS(f)N
ENGINEERING
2J50STANFORD COURT
NI\Pl.ES, flORIDA. 34112
PHONE (239) 434-0333
. FAX (239) 434-9:52.0
E;8. 1842 .Ie LB. 1842
KAICASA RPUD
MASTER PLAN
DAlE
OCT 2008
SHEET
EXHIBIT 2
EXHIBIT 2
80
.~
January 30,2007
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: PUDZ -2005-AR-7820: Kaicasa PUDZ
Dear Legals:
Please advertise the above referenced notice on Sunday, February 11,2007, and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Ann J ennej ohn,
Deputy Clerk
P.O.lAccount # 113-138312-649110
8D
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on TUESDAY, February 27, 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 AGRICULTURE WITH MOBILE-HOME
OVERLAY (A-MHO) ZONING DISTRICT TO THE RESIDENTIAL PLANNED UNIT
DEVELOPMENT (RPUD) ZONING DISTRICT FOR A PROJECT KNOWN AS
KAICASA (RPUD) LOCATED ALONG THE NORTH SIDE OF STATE ROAD 29,
JUST EAST OF VILLAGE OAKS ELEMENTARY SCHOOL, AND APPROXIMATELY 2
MILES EAST OF THE INTERSECTION OF STATE ROAD 29 AND COUNTY ROAD
846, IN SECTION 12, TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 100+/- ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
Petition: PUDZ-2005-AR-7820, Habitat for Humanity of Collier County,
represented by Laura Spurgeon, of Johnson Engineering, is requesting
a rezone from the Agriculture - 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.
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.
80
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)
tju
Dwight E. Brock
Clerk of Courts
'Caijpty-.ofC<)lJier
CLERK OF THE-CIRCUIT COURT
'-'. \
COLLIER COUNTY qoURTiJO. USE
3301 TAMIAMI TIMIL EA~T
P.O. BOX 4~~044 \,
NAPLES, FLORIDA \~jlOl-3d44
-I .
VI'
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
January 30, 2007
:.~./J
Johnson Engineering
Laura Spurgeon
2350 Stanford Court
Naples, FL 34112
Re: Notice of Public Hearing to consider Petition
PUDZ-2005-AR-7820: Kaicasa PUDZ
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, February 27, 2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, February 11, 2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~ ~a..tLvO.L.
Ann Jennejol1n, ~
Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.clerk.collier.f1.us
Fax - (239) 775-2755
Email: collierclerk@clerk.collier.f1.us
Dwigltt E. Brock
Clerk of Courts
;C01!Jity-ofC(ll~lier
CLERK OF THE.'CIRCUIT COURT
. .
COLLIER COUNTY QoURT~OUSE
3301 TAMIAMI niAIL EA~;r
lj,o,..
P.O. BOX 4~~044 ..
NAPLES, FLORIDA ~~101-3d44
."1
v I
80
January 30, 2007
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
... I.
],,,"/'
Habitat for Humanity of Collier County, Inc.
11145 Tamiami Trail E.
Naples, FL 34113
Re: Notice of Public Hearing to consider Petition
PUDZ-2005-AR-7820: Kaicasa PUDZ
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, February 27,2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, February 11,2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~~Of..
Ann Jennej&hn, (I
Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.clerk.colIier.fl.us
Fax - (239) 775-2755
Email: colIierclerk@clerk.colIier.fl.us
Ann P. Jennejohn
8D
To:
Subject:
legals@naplesnews.com
PUDZ-2005-AR-7820 Kaicasa PUDZ
Attachments:
PUDZ-2005-AR-7820.doc; PUDZ-2005-AR-7820.doc
Hi again,
Please advertise the attached on Sunday February 11, 2007.
Thanks again!
PU DZ - 2005-AR -782
O,doc (23 KB)
PUDZ-2005-AR-782
O.doc (25 KB)
Clerk to the Board
Minutes & Records Department
774-8406
(ann.jennejohn@c1erk.collier. fl.us)
1
8D
Ann P. Jennejohn
From:
Sent:
To:
Subject:
ClerkPostmaster
Tuesday, January 30, 2007 11 :31 AM
Ann P. Jennejohn
Delivery Status Notification (Relay)
Attachments:
ATT1609639.txt; PUDZ-2005-AR-7820 Kaicasa PUDZ
tJ. "
:..::.::..
-
~-71
L-::::J
ATT1609639.txt PUDZ-200S-AR-782
(229 B) 0 Kaicasa PUDZ...
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
80
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Tuesday, January 30, 2007 11 :30 AM
Ann P. Jennejohn
Delivered: PUDZ-2005-AR-7820 Kaicasa PUDZ
Attach ments:
PUDZ-2005-AR-7820 Kaicasa PUDZ
[J. .
.. . ~0 ...
PUDZ-2005-AR-782
o Kaicasa PUDZ...
<<PUDZ-2005-AR-7820 Kaicasa PUDZ>> Your message
To: legals@naplesnews.com
Subject: PUDZ-2005-AR-7820 Kaicasa PUDZ
Sent: Tue, 30 Jan 2007 11:30:33 -0500
was delivered to the following recipient(s):
legals, NDN on Tue, 30 Jan 2007 11:30:29 -0500
1
PUDZ-2005-AR-7820 Kaicasa PUDZ
Page 1 of 1
80
Ann P. Jennejohn
From: Perrell, Pam [paperrell@naplesnews.com]
Sent: Tuesday, January 30, 2007 11 :38 AM
To: Ann P. Jennejohn
Subject: RE: PUDZ-2005-AR-7820 Kaicasa PUDZ
OK
From: Ann P. Jennejohn [mailto:AnnJennejohn@c1erk.collier.fl.us]
Sent: Tuesday, January 30, 2007 11:31 AM
To: legals@naplesnews.com
Subject: PUDZ-200S-AR-7820 Kaicasa PUDZ
Hi again,
Please advertise the attached on Sunday February 11, 2007.
Thanks agai n!
<<PU DZ -2005-AR -7820 .doc>>
<<PUDZ-2005-AR-7820.doc>>
Clerk to the Board
Minutes & Records Department
774-8406
(ann.jennejohn@ c lerk.coll i er. f I.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.
1/3012007
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
SeIye 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
thc attached copy of the advertising. being a
PUBLIC NOTICE
in thc mattcr of PUBLIC NOTICE
\\as published in said newspaper I time in the issue
on February 11 th, 2007.
'\fliant further says that the said Naples Daily News is a newspaper
published at "'aplcs. in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in said Collier
Countv. l']orida: distributed in Collier and Lee .:ountics of Florida.
cach day and has been entered as second class mail mattcr at the post
office 11\ "aplcs,lll said Collier Countv, Florida, f()r a period of ]
v~ar lk,t prccedlllg the lirst publication of the attached eopy of
advertisement; and amant 111rther says that he has neither paid nor
promised any person. linn or corporation any discount, rebate.
commission or rctlll1d t()r the purpose of securing this advertisement I(lr
puhlication in the said newspaper.
;J.--<
( Signature of affiant)
Sworn to and subscribed before me
This 111h of February. 2()07
~DA&
(Signature of notary public)
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~ONING A1'1. OR
MAPS BY .CHANGING
THE ZONING CLASSIFI-
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DES~IISD REAL: PftO',
ERTy FllOM 'AGRICUL-
TURE WITH MOBILE-
HOME EllLA-Y (A-
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ALONG RTH SIDE
OF STATE ROAl) 29../UST
EAST OF WLLAGE QA~
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MILES EAST OF THE IN-
TERSECTION OF STATE
ROAD 29 AND COUNTY
ROAD 846, .IN SECTION
12, TOWHllHIP 47
SOUTH. RM 27 EAST,
COLLll TY
FLOR~DA .,"0
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BV PROVIDING A " EF-
F~TIVE DATE.
Petltlon~ PUDZ-2005-AR-
7820, HaQltat for Hu-
m.anlty ofCallJer Coun-
ty, reprea~ted b)/ !.au-
ra ~~, of JOhIlSon
EnglntletlllQ; Is' request.
Ing a retonefrQnFthe
AgrIculture o Mqttlle
Home, Overlay (A.MHO)
toning district to the
ResIdential .Planned Unit
Development (RPUD)
zonIng district coM/so
tlng of an 'afford.ble
housing residential
nelghborhootl of 400
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plex umb. . I In a
project tmown as
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mat"Y.2 miles .ast .of
the Idtersectlon of State
Road 29 and County
Road 846.
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Co!!les . (If the proPOled
ord.'n"nc~ .re on file
with ttle Clerk to, the
Board and are avallable
for Insped.lon. All Inter-
ested ilartkts llI'lllnvlted
to attend and be heard.
NOTE: All persons
wishi"" to speak on any
agenda Item must ~s-
tel' wlththeC~nty ad-
ministrator prior to pre-
sentation of the agenda
Item to be addressed.
IndIvidual s~akers will
be IImltetl to ,$ minuteS
on any Item. 'the !ielee-
tlon of an Incflvldual to
speak on behalf of an
organization or group Is I
encouraged. If recog-
nized by the Chairman, .
a spokesperson for a i
~:;te ~t:t=Rl~a~fn~
utes to speak on an
Item.
PllI'$Ons wishing to have
written or graphic ma-
terials Included In the
Board agenda packets
must. submIt said ma-
terial a minimum of 3
weeks prior to .the re-
spectlvepubllc hearing.
In any case. written ma-
terials Intended to be
con5idel'Ald bY the Board
shall be. submitted to
the appropriate County
staff a mlolmUm of sev-
en da~ IIdpr to the
r~r?~IC u.Jt'rtp~~e::::
tlons before the Board
will become I perma.
nent part ofUle record.
Any person Who deckHtS
to = a decislbn qf
I ~ ofu:"&=';
lie. ml.nlng. ereto l:'td
I ther~re. .nMly need to
fftJl,fte .~., .. tlm
recQl'lH.f.~ 1;1-
In_'ls~, reo
cordlnc:lutl\es tl-
I rn ony, and evidence
ul"bason which the appeal
s ed. -.
~ F COUNTY
ERS .
C C o-u N TV .
_'40MES ~~Jt
M,yt....... .. ",; ."','" ...,..
DWlott'1""E. aROCK,
CLERK .
~: C~~ Jennelohn, Dep-
(sIAL>
Feb. 1. No. !514420
I
ORIGINAL DOCUMENTS CHECKLIST & ROUTING s8.J\
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
exceDtion of the Chairman's sil!nature, draw a line throul!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.
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
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Phone Number
's Office
Agenda Item Number
Extension 8400
9A
Yes
(Initial)
NI A (Not
A licable)
Resolution
Number of Original
Documents Attached
w
N/A
(b'
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office ofthe County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC' s actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chao es, if a Iicable.
2.
3.
4.
5.
6.
9A
RESOLUTION NO. 2007-46
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COllIER COUNTY TO APPOINT MARY ANNE WOMBLE TO
THE PELICAN BAY SERVICES DIVISION BOARD.
WHEREAS, Collier County Ordinance No. 2002-27, as amended, established the
Pelican Bay Services Division Board and provides that the Committee shall consist of
nine (9) members with a residential interest within the Unit and two (2) members with
commercial/business or other interests who are residents of Collier County; and
WHEREAS, members of the Pelican Bay Service Division Board are selected by
ballot from the residents of the Unit.
WHEREAS, the is currently a vacancy on this Board for a member with residential
interest; and
WHEREAS, the Pelican Bay Services Division Board 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 Mary Anne Womble, resident, is
hereby appointed to the Pelican Bay Services Division Board to fulfill the remainder of
the vacant term, said term to expire on March 31, 2009.
This Resolution adopted after motion, second and unanimous vote.
DATED: February 27, 2007
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
: ) ,",
%:~i~~'~(
11Qnlt...... onlw .. .
By:&~
JAM COLETTA, Chairman
Approved as to form and
legal sufficiency:
~t~Y
David C. Weigel
County Attorney
litem. <3A
p,q?nda d. - ~-1:P "'\
Dale -
Date ~...~l
Rcc'd --.L..
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 9 B
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
exceotion of the Chairman's signature, draw a line through routing lines # I through #4, comoletc the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC otlice only after the BCC has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Phone Number
, s Office
Agenda Item Number
Extension 8400
9B
Yes
(Initial)
N/A (Not
A licable)
Resolution
Number of Original
Documents Attached
(yj
N/A
I; Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office ofthe County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
2.
3.
4.
5.
6.
98
RESOLUTION NO. 2007-47
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COllIER COUNTY, FLORIDA, TO APPOINT WIllIAM
CONRAD WlllKOMM TO THE BAYSHORE/ AVALON
BEAUTIFICATION MSTU ADVISORY COMMITTEE
WHEREAS, on December 16, 1997, the Board of County Commissioners adopted
Collier County Ordinance No. 97-82, establishing the BayshorejAvalon Beautification
Municipal Service Taxing Unit and creating the BayshorejAvalon Beautification MSTU
Advisory Committee; and
WHEREAS, Collier County Ordinance No. 97-82 provides that the BayshorejAvalon
Beautification MSTU Advisory Committee shall consist of five (5) members; and
WHEREAS, there is currently a vacancy on this Committee; and
WHEREAS, the Board of County Commissioners previously provided public notice
\
soliciting applications from interested parties.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that--William Conrad Willcomm,
resident of the MSTU District, is hereby appointed to the Bayshorej Avalon Beautification
MSTU Advisory Committee to fulfill the remainder of the vacant term, said term to
commence March 3, 2009.
This Resolution adopted after motion, second and majority vote.
DATED: February 27, 2007
ATTEST: ..
DWIGHT E. BROCK, Cle~k
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
'OJ :-~ f:. ~ .~
/?,~
[.;;~"
By: r..;;*~~2~ .
JAM~ COLElTA, Chairman
.. -.' 0-.- , ",
:l\. . \... .". ,4l<.l,f
~~".'~.'.'. "n~fi('
Ittest. :.".t'. ,....',
I1INtUrtOftf\. " .
Approved as to form and
legal sufficiency:
~cttp~' ~
David C. Weigel 2f-
County Attorney
Item # q~
~~f;da a ..~ 1'1>1
Date .5 ....a-....,o....,
Rec'd /
MEMORANDUM
Date:
March 1, 2007
To:
Tom Henning, Vice-Chairman
County Commissioner, District 3
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2007-48: Regarding the use of
County Parks and Recreation Facilities by the
Citizens of Collier County
Attached, please find a copy of Resolution No. 2007-48, (agenda
Item #9E) which was adopted by the Board of County
Commissioners on Tuesday, February 27, 2007.
The Minutes & Records Department has retained the original
Resolution for public record.
Thank you.
Attachement (1)
9E
J 9E
\"'l
RESOLUTION NO. 07- 48
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS TO DETERMINE THAT THE
CITIZENS OF COLLIER COUNTY DESERVE PRIORITY
USE OF COLLIER COUNTY PARKS AND RECREATION
FACILITIES.
WHEREAS, the citizens of Collier County, through impact fees, essentially paid for the
construction of the North Collier Regional Park and all other County park facilities; and
WHEREAS, the citizens of Collier County, through property taxes and other
miscellaneous fees essentially pay for the maintenance of all County-owned and operated parks
and facilities, including the North Collier Regional Park; and
WHEREAS, it has been determined that the citizens of Collier County are forced to take
a back seat to soccer and softball tournaments and the use of these facilities at the North Collier
Regional Park; and
WHEREAS, the citizens of Collier County should be considered the priority user at the
County facilities; and
WHEREAS, with due notice, the citizens of Collier County should have first
consideration of the use of Collier County facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
The citizens of Collier Countv. who funded the construction and continue to fund
the maintenance of Collier Countv Parks and Recreational facilities should be s!iven first
consideration. over non-residents. of usae:e of Collier Countv facilities.
This Resolution adopted this 27th day of February, 2007, after motion, second and
majority vote.
ATTEST: '~. A :'
DWIGHTE: BROCK; CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: A1~ N
JA~ COLETTA, CHAIRMAN
BY:o..u.u...~OC .
Approved as to form and legal sufficiency:
1J~
1
lOBI"~
MEMORANDUM
Date: March 7, 2007
To: Lynn Wood, Contract Specialist
Purchasing Department
From: Ann Jennejohn, Deputy Clerk
Minutes and Records Department
Re: Work Order #HS-FT-3785-07-03
"Fixed Term Professional Engineering Services"
Contractor: Hazen and Sawyer, P.C.
Enclosed, please find one copy of the above referenced contract, (Agenda
Item #10B) approved by the Board of County Commissioners on Tuesday,
February 27, 2007.
The Minutes & Records Department has retained the original document and
a copy has been sent to the Finance Department.
If you should have any questions, you may contact me at 774-8406.
Thank you,
Enclosure
FleE c:t~lt:~r.\i
(\('I\)"'HY /\1 \U;T'.IL~
',~, ~ ..... I.. ,
10 B
ITEM NO.:
D~~~ ~C2~l~~:i: !, 1
.... oj\,.;' ~ I --
01- f/?c- ooc:, 39
FILE NO.:
ROUTED TO:
DO NOT WRITE ABOVE TIDS LINE
REQUEST FOR LEGAL SERVICES
Date:
February 27, 2007
To:
Robert Zachary
Assistant County Attorney
From:
Lyn M. Wood, C.P.M. cftr
Contract Specialist
732-2667
Re:
Work Order # HS-FT-3785-07-03 "Fixed Term Professional Engineering
Services"
Contractor: Hazen and Sawyer, P.C.
BACKGROUND OF REQUEST:
This contract was approved by the BCC on February 27,2007; Agenda Item IO.R
This item has not been previously submitted.
ACTION REQUESTED:
Work order review and approval.
OTHER COMMENTS:
This work order is allowed under the present contract. Please forward to the Chairman of
the Board for signature after approval. Ifthere are any questions concerning the
docwnent, please contact me. Thank you.
6V ;2fV2--
"5.,7-0/
lOB
WORK ORDER #HS-FT -3785-07 -03
Agreement for Fixed Term Professional Engineering Services
Dated September 27, 2005 (Contract #05-3785)
This Work Order is for professional engineering services for work known as:
(Title): NCWRF Exoansion to 30.6 MGD MMADF
(Reason for Proiect): To ensure adeauate comoliant reliable caoacitv to meet the
wastewater demands of Collier County's customers.
The work is specified in the proposal dated January 19, 2007 which is attached hereto and
made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement
P.C.
referenced above, Work Order #HS-FT-3785-07-03 is assigned to Hazen and Sawyer,
Scope of Work:
(List all tasks: Task 1, Task 2, etc.)
Task 1 - Design Report
Task 2 - Preliminary Design
Task 3 - Final Design
Task 4 - N/A
Task 5 - Contract Administration
Task 6 - N/A
Task 7 - Additional Services: Permitting,
Geotechnical, Surveying, Bidding, O&M
Training, Operations Support
Schedule of Work: Complete all work no later than 52 weeks from Notice to Proceed.
Compensation: In accordance with Article Five of the Agreement, the County will compensate
the Firm in accordance with the negotiated lump sum amount indicated in the schedule below
(if a task is time and material, so indicate and use the established hourly rate(s) as
enumerated in Schedule "A" of the Agreement). Fund 413-263613-73950
Task 1 LS
Task 2 LS
Task 3 LS
Task 4
(List all Tasks)
$ 187,000 Task 5 LS
$1,130,000 Task 6
$ 830,000 Task 7 T&M
$ N/A Total NTE
$ 289,000
$ N/A
$ 410,000
$2,846,000
Any change within monetary authority of this Work Order made subsequent to final department
approval will be considered an additional service and charged according to Schedule "A" of
the Agreement. t,
PREPARED BY f.e::bv\ ~ vNuf- ( ?eO /07
Peter Schalt, PMP, Senior Project Manager
REVIEWED BY___ --:- .- '/ \.. /" ~8 / q-
Dr. George Yilmaz, PhD, Wastewater Director Dafe
REVIEWED BY: l.A-'~ ~ 1-W &7
will~am D. MU?,?' P;E., Principal Project Manager Date
/~. / (~i- :1 /1 ) 07
oy B Anderso .E, blic Utilities Eng. Director ' Dalte
REVIEWa :' t!jJf::8 tJ 7
~(o7 J e~ooy, P. E., "bile Ut ""es J!IV Ad mlo ''''ato, . Date '.
REVIEWED BY: ' t-t-t{ J.//2/tl'7
chasing Contract Specialist ' Date '
ATTEST:
Dwight E. Brock,Qlerk
BY~~~O(
Appr~.Mand
Le~~
Assis t County Attorney
By:
mes Coletta,
Hazen and Sawyer, P.C.
Date:
ATTEST:
(Corporate Secretary)
{/f cE P/2cF5'(Dc;V;-
itle
By:
Type Name and Title
(or) witnesses (2)
(1) ~e ~
G.t-\,SL~'N~ Cf\~R
Print Name
---======:-.-
1
Item # I lO~
(2) d-fw
.ft1:<:-I.~c
Print Name
~-al-{)l,
?J-')...-Dl
10 B
SCHEDULE A
SCOPE OF SERVICE
NORTH COUNTY WATER RECLAMATION FACILITY
EXPANSION TO 30.6 MGD MMADF
COUNTY PROJECT NOs. 739503, 739504 - CONTRACT NO. HS-FT-3785-07-03
Schedule A consists of the following phases:
AO Description of Project
A1 Design Report
A2 Preliminary Design
A.3 Final Design
A.4 [Not Used]
A.5 Construction Contract Administration
A.6 [Not Used]
A.7 Additional Services
A.O DESCRIPTION OF PROJECT
A.0.1 Background
The NCWRF is rated for a Maximum Month Average Daily Flow (MMADF) of 24.1 MGD. The
expanded NCWRF contains two distinct biological treatment processes. The older (northern)
portion of the plant includes a series of oxidation ditches that provide 9.6 MGD (MMADF) of
treatment capacity. The newer (southern) portion of the plant contains 14.5 MGD (MMADF) of
conventional aeration basins each in the two-stage Modified Ludzack-Ettinger (MLE) process for
nitrogen removal. Both the "Oxidation-Ditch" plant and the "MLE" plant discharge into their
resoective sets of traveling bridge filters and chlorine contact basins to meet high-level
disinfection reuse requirements. Reuse quality effluent is pumped by the Reuse Pump Station
to reclaimed water customers. "Reject" water not meeting reuse standards is stored in reject
ponds and/or disposed of down on-site deep injection wells. Solids removed from both portions
of the plant are aerated, thickened, dewatered and hauled off-site to the Okeechobee landfill.
NCWRF process facilities are summarized below:
· Pretreatment Facility with four (4) mechanical screens and three (3) aerated grit
chambers.
. Three (3) Oxidation Ditches with mechanical and two floating surface aerators.
· Twelve (12) Aeration Basins, each containing jet aeration systems in the anqxic zones
and fine-bubble diffused aeration systems in the aerobic zones. The Aeration Basins
are served by a Blower Building containing three (3) 300 hp and two (2) 150 hp multi-
stage centrifugal blowers.
. Nine (9) Secondary Clarifiers.
J: ProsCollierWOHS-FT-3785-07-03
Page 1 of 26
lOB
I.; ;j
iI ~
. Four (4) Sludge Pump Stations (for return activated and waste activated sludge).
. Twenty (20) traveling bridge effluent filters.
. Five (5) Chlorine Contact Basins.
. Hypochlorite Storage/Feed Facility.
. Two (2) Aerated Sludge Holding Tanks.
. Two (2) Aerated Sludge Feed Tanks.
. A Dewatering Building with five (5) belt filter presses and ancillary equipment (polymer
system, belt press feed pumps, wash water booster pumps).
. Two compliance points for Orbal and two for MLE
. Two chemical scrubbers and one biological unit for odor
. No grease and septage side stream processing
. Two Equalization Tanks
. Two sludge feed tanks
. Two reclaimed ponds
. One reject pond
. Two percolation ponds
. Two Deep Injection Wells (DIW)
. One ASR well (in construction)
. Re-Use Pump Station
. DIW Pump Station
. North South IQ Interconnect
. North-South Raw Interconnect
A.O.2 Study to Maximize Plant Infrastructure (Ongoing)
The CONSULTANT is conducting the Capacity Analysis, Maximization, Modernization,
Enhancement, Optimization (CAMMEO) Study under a separate Work Order, Task 5 of the
CAMMEO Study is a "Study to Maximize Plant Infrastructure". Given the changes in
wastewater treatment technology since the older portion of the plant was constructed, the
J: ProsCollierWOHS-FT-3785-07-03
Page 2 of 26
lOB
purpose of the study is to evaluate the older portion of the plant to maXimIze usage,
performance and efficiency of plant infrastructure. The COUNTY requests that all available
options for long-term improvements be considered and screened for reliability, sustainability and
feasibility (technical and cost). The study is evaluating whether existing processes should be
eliminated and replaced with alternate processes. Examples of process options being
considered are as follows:
. Example 1 Should one or more of the oxidation ditch/clarifier trains or a portion of the
MLE activated sludge system be converted to a Membrane Bioreactor
(MBR) process to provide some or all of the required build-out capacity?
. Example 2 If one of the oxidation ditches is converted to an MBR process replaced per
Example 1, can the remaining oxidation tanks be used for additional influent
flow equalization, aerated sludge storage or reclaimed water storage?
. Example 3 Is there a practical use for the Chlorine Building that was abandoned when
the County converted from chlorine gas to sodium hypochlorite?
. Example 4 Is there sufficient disinfection capacity when certain process changes are
made?
. Example 5 Are there alternative disinfection methods?
. Example 6 Can air supplied for mixing and biological process be optimized?
. Example 7 Is there flexibility built into the design to accommodate EPA and FDEP rule
changes and permit modifications?
. Example 8 Does RAS screening enhance treatment capabilities?
Present-worth cost analyses of capital and O&M (power, chemicals, etc.) costs for the screened
options will be performed to provide an economical comparison of each option against each
other and against the baseline present conditions.
The final recommendations from this study as accepted by the COUNTY will provide the
conceptual Basis of Design for the NCWRF Expansion to 30.6 MGD MMADF. This conceptual
Basis of Design shall then be further developed into detailed design criteria under Phase A.1
(Design Report) of this project, as described later herein.
A.O.3 General
This project includes engineering services for the pre-design, design, permitting, construction
administration (partial), training, operational support and additional services for the North
County Water Reclamation Facility Expansion to 30.6 MGD (MMADF).
The work will be designed as a single bid package to consolidate construction. Construction
substantial completion is scheduled for December 2010.
CONSULTANT and sub-consultants will have a minimum of twenty years experience in the
design and construction of Wastewater facilities in Florida.
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Note that the work encompassed by each phase will be dependent upon recommendations
developed in preceding phases and fully approved by Wastewater Department staff, as
accepted by the Board of County Commissioners of Collier County (herein after referred to as
COUNTY). A more detailed discussion on each phase of this Scope of Services is presented
below:
A.O.4 Performance Measures
The COUNTY has identified the following performance measures that shall govern the design,
construction and implementation of the Expansion to 30.6 MGD MMADF project:
1. The plant will be designed to handle seasonal peak daily flows and maintain production
of sustainable 10 water at the following compliance levels:
a. Minimum of 75% of daily flows during 100% of calendar year providing water
quality with no fecal coliform count; and
b. Less than five fecal coliform counts for remaining 25% at each compliance point.
2. The site development and facilities will provide a system with the ability to equalize
diurnal flows and to handle instantaneous peak flows of up to 60 MGD. Hydraulic profile
of the entire system will be designed to handle equalized peak flows corresponding to a
minimum of 30.6 MGD MMADF.
3. Each separate treatment component will have the ability to perform to its functionality
independent of other treatment components.
4. Full automation and SCADA to provide instantaneous readings and adjustment
capabilities for hydraulic flows, biochemistry, compliance, sidestreams, and equipment
profiles and integrated dynamic modeling. The system - in full automation - will provide
full treatment, 10 production, compliance with permit operating parameters and the
flexibility to adjust to future permit conditions.
5. Provide ability for all flows to be directed manually or automatically.
6. Provide spill containment areas for all storage tanks (chemical and/or fuel).
7. The stormwater management system will be designed with incremental containment
areas for sanitary sewer overflows (including manholes).
8. New and expanded facilities shall be designed with odor control measures (e.g., odor
containment, collection and/or treatment) such that those facilities produce no off-site
odors.
9. New and expanded facilities shall be designed to ensure they comply with the
COUNTY's noise ordinance.
10. Operational safety is non-negotiable. New and expanded facilities will be designed to
comply with federal, state and local safety regulations.
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11. Design all new facilities in accordance with Florida Building Code wind-loading criteria.
The COUNTY has stated that new "critical" facilities and components should be
designed to withstand Category 5 hurricane wind-loading. Critical new facilities and
components will be jointly reviewed and identified by the CONSULTANT and the
COUNTY. Wind-loading criteria in the Florida Building Code and other applicable
standards are not identified by hurricane categories such as the Saphir-Simpson Scale
(e.g., Categories 1 through 5). The CONSULTANT will review wind-loading criteria with
the County during preliminary design, including those for "essential" facilities as defined
by the Florida Building Code (e.g. - hospitals, water treatment facilities, etc.) and FEMA
Design and Construction Guidance for Community Shelters (e.g., 200 mph wind gusts),
in order to establish the required wind-loading design criteria to be used in final design of
critical facilities.
12. Electrical power distribution systems for new and expanded facilities will be designed in
accordance with EPA Electrical Class 1 Reliability standards and to be consistent with
the electrical power distribution system reliability provided for the MLE Facility (Electrical
Service No.2) under the most recent plant expansion. The electrical power distribution
system associated with Electrical Service No. 1 will be retrofitted to meet equivalent
reliability standards.
13. CONSULTANT will be responsible for ensuring the design is fully aligned with operations
and maintenance long term sustainability.
14. CONSULTANT will provide continuous training on operational protocols, contingency
planning, flow management and seasonal readiness during the design, construction and
warranty phase, through all seasons (high season, rainy season and IQ high demand
season).
15. 0 & M manuals will be completed, approved and delivered before substantial completion
of construction.
A.O.S The Project Will Specifically Address The Following Issues:
A.O.5.1 Pretreatment Facilities
Existinq Facilities
The existing Pretreatment Facilities consist of a common influent chamber, four
mechanical screens with one manual screen/bypass channel, four aerated grit
chambers, and a flow distribution channel with motorized, flow-proportioned weir gates
to distribute flow to Aeration Basins Nos. 1 through 7.
A separate consultant is designing enhancements to the existing Pretreatment Facility
(under a separate work order) to improve staff's ability to operate and maintain the grit
removal system. Areas being evaluated include the following:
. Measures to prevent bridging and compacting of grit in the grit chamber collection
sump. Initial measures identified are the addition of booster pumping to increase
reclaimed water pressure to the hopper flushing connection and the addition of a
compressed air flushing connection.
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. Piping between the grit chamber hoppers and the grit pumps, as well as the grit
pumps themselves, will be investigated to identify any areas prone to plugging. If
any such areas are identified, piping revisions will be implemented.
Proposed Facilities
Under this proposed project, the following work is anticipated to provide adequate
pretreatment capacity to for the Expansion to 30.6 MGD
1. Replacement of the manual screen in the bypass channel with a fifth mechanical
screen and screenings compactor similar to Mechanical Screens Nos. 1 through 4.
Note the COUNTY is currently replacing Mechanical Screens Nos. 1, 2 and 3 with
new step-type screens and screenings compactors to match Mechanical Screen No.
4. This work to add Mechanical Screen NO.5 will include structural and mechanical
provisions to route compacted screenings from the new unit to the collection
containers below.
2. Addition of Aerated Grit Chamber No.5. Provisions were made during the
construction of the existing Flow Equalization Diversion Box to construct the fifth grit
chamber immediately north of Grit Chamber NO.1. Construction will also include
ancillary equipment such as a grit separator/classifier, related piping and ductwork to
connect he new grit chamber to the existing Pretreatment/Sludge Holding Odor
Control System.
The scope includes the design and construction of a septage and grease treatment
system at the NCWRF. The station will be located south of the MLE Aeration Basins
treated liquid to the existing Pretreatment Building. The system capacity will be
determined based on historical data and growth projections. CONSULTANT will be
responsible for design and methodology of disposal and treatment of all liquid stream
components being introduced into the Water Reclamation Facility
A.O.5.2 Flow Equalization Facilities
Existino Facilities
In addition to the consideration of maximum monthly wastewater flows for plant design,
hourly flow patterns which represent variations in customer system utilization must also
be considered. Historically in Collier County, hourly variations in wastewater flows have
varied from a minimum of approximately 50 percent of the daily average in the early
morning hours to approximately 180 percent of the daily average during peak hour
periods. The existing Flow Equalization Facilities, which consist of a Pretreatment
Diversion Structure, two 1.5 MG storage tanks (with mixing and aeration equipment,
return pumping and piping and odor control, was placed into operation in January 2003.
The flow equalization system is designed to 1) provide three million gallons of storage,
2) limit peak hour flows to approximately 115 percent of the daily average and 3) bleed
captured and stored peak flow volume back to the treatment process during lower flow
periods later in the evening and early morning hours. The Flow Equalization Facilities
were designed to accommodate the planned Expansion to 30.6 MGD MMADF.
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Proposed Facilities
At the COUNTY's request, a third equalization tank will be provided under this
expansion project to provide full flow equalization. The demolition of an existing steel
ring digester will make land area available to construct the third 1.5 MG Equalization
Tank. The piping modifications will allow for all 4.5 MG of stored sewage to be brought
back to the headworks within a six hour period. Recommendations to optimize a
automatic control will be implemented into the project's design and construction.
A.O.5.3 Activated Sludge Processes
Existino Facilities
Secondary treatment is currently provided at the NCWRF through a series of seven
aeration basins which are physically and functionally divided into two distinct groups.
The first group, consisting of Aeration Basins 1 through 3, is oxidation ditches fitted
with Envirex Orbal disk aerators. The basins are followed by five secondary clarifiers
and associated return and waste sludge systems.
The second group, consisting of Aeration Basins 4 through 7, are advanced secondary
(fitted for nitrogen removal) plug flow activated sludge reactors utilizing diffused
aeration. Each Aeration Basin is subdivided into four passes and configured in a two-
stage Modified Lutzack-Ettinger (MLE) configuration. Each pass includes an anoxic
zone for denitrification followed by an aeration (oxic) zone for BODs reduction. A jet
mixing system (with internal submersible pumps) is provided in the anoxic zone of each
pass with the capability of aeration (if the nitrogen removal mode is not selected). The
aeration zone consists of fine bubble diffusers. Three submersible internal recycle
sludge pumps (two operating, one spare) are located at the effluent end of each basin to
return biomass to the beginning of that basin's anoxic zones.
Proposed Facilities
The current Preliminary Design Report ("North County Water Reclamation Facility
Expansion to 30.6 MGD, Phase I and Phase 2 Program", January 2002, prepared by
Hazen and Sawyer, P.C. in association with Hole Montes and Associates, Inc.) stated
that the MLE facilities would be expanded by adding five aeration basin passes, two
secondary clarifiers, and an additional RAS/W AS pump station to serve the build-out
expansion to 30.6 MGD MMADF. This preliminary design was based on influent BOD
and TSS loadings of 300 mg/l and 350 mg/l, respectively.
As a result of the ongoing CAMMEO Study, the Year 2002 Preliminary Design Report
recommendations will be re-evaluated as follows:
1. Recent analysis conducted under the CAMMEO Study indicates that the Expansion
to 30.6 MGD should be designed to accommodate an increase in influent BOD and
TSS loadings of approximately 10 to 15 percent. The higher loading rates should be
applied to the entire plant's activated sludge processes (existing and proposed).
Based on applying the higher influent loading rates to the entire plant, the amount of
new aeration basin passes will likely increase over that projected in the Year 2002
Preliminary Design Report.
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2. The ongoing CAMMEO Study is evaluating other activated sludge process options,
including the use of Membrane Bioreactor technology.
As such, the preliminary design of the activated sludge process facilities required to
serve the Expansion to 30.6 MGD MMADF will be determined based on the results of
the CAMMEO Study.
A.O.5.4 Effluent Treatment
Existinq Facilities
The NCWRF effluent management system consists of traveling bridge filters, followed by
chlorination using sodium hypochlorite. Reclaimed water meeting the above
requirements is stored on site in reuse storage ponds. Reuse pumps distribute effluent
to the reuse water service area. Excess reclaimed water can be disposed by two deep
injection wells at the North County WRF. Effluent not meeting Part III reuse criteria is
stored in reject storage ponds and pumped back to the preliminary treatment facility or to
the deep injection wells.
Twenty (20) traveling bridge filters (TBF) manufactured by Aqua-Aerobic Systems, Inc.
are currently in operation at the NCWRF. Eight (8) filters serve the oxidation ditch
process train, while twelve (12) filters serve the MLE process train. Five (5) chlorine
contact basins are presently in service at the NCWRF. Two (2) chlorine contact tanks
treat filtered effluent from the oxidation ditch process train, while three (3) chlorine
contact tanks treat filtered effluent from MLE process train.
Proposed Facilities
The current Preliminary Design Report (January 2002) stated that the MLE facilities
would be expanded by adding four traveling bridge filters and one chlorine contact tank
to serve the build-out expansion to 30.6 MGD MMADF.
As stated in A.0.4.3 (Activated Sludge Processes), the ongoing CAMMEO Study is
evaluating other activated sludge process options, including the use of Membrane
Bioreactor technology. If membrane bioreactor technology were selected as the desired
approach for the build-out expansion, and since MBR effluent meets reuse standards for
total suspended solids without additional filtration, the scope of work for Effluent
Filtration would change considerably.
As such, the preliminary design of the effluent filtration facilities required to serve the
Expansion to 30.6 MGD MMADF will be determined based on the results of the
CAMMEO Study.
At the COUNTY's request, the CONSULTANT will evaluate a means of secondary
detected at the discharge of any of the primary disinfection chlorine contact basins.
Proposed facilities will include provisions for secondary disinfection and associated
piping and controls modifications.
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A.O.S.S Effluent Compliance Points
Currently the NCWRF monitors three effluent compliance points, which are located at
the discharge of Chlorine Contact Basin No.1, Chlorine Contact Basin No.2, and at the
combined discharge of Chlorine Contact Basins Nos. 3 through 5.
Under past projects, the COUNTY has sought to consolidate sampling points to simplify
effluent monitoring. As the NCWRF has become, in practice, an Irrigation Quality (10)
that if a single compliance point is not meeting reuse standards, the other points can
remain in service and the COUNTY can maximize 10 water production to their reclaimed
water customers. Under an ongoing work order, a separate consultant is evaluating the
existing effluent disposal system, including the configuration of effluent piping,
compliance valves, the Reclaimed Water Control Structure, effluent ponds, and the
Deep Injection Well Pump Station, to identify means to provide a total of six compliance
points for the build-out condition. Separate compliance points would be established for
each of Chlorine Contact Basins Nos. 1, 2, 3, 4, 5 and 6.
These enhancements will be designed and constructed by others under a separate
project.
A.O.S.6 Effluent Storage and Pumping
Existinq Facilities
The NCWRF treatment process produces reclaimed water for irrigation of golf courses
and common areas. Reclaimed water is routed through a Reclaimed Water Control
Structure to storage ponds. Reclaimed water from the storage ponds flows through the
Reclaimed Water Screenings Structure to the Reclaimed Water Pump Station, which
discharges to the distribution system at an operating pressure of 90 psig.
Effluent in excess of reclaimed water demands can be discharged to two on-site deep
injection wells. Effluent that does not meet reclaimed water requirements is diverted to a
reject storage pond and then pumped back to the treatment units for reprocessing to
reclaimed water standards. Reject water meeting secondary effluent standards can also
be discharged to the deep injection wells.
Proposed Facilities
In order to serve the additional flows associated with the Expansion to 30.6 MGD
MMADF, the following additional facilities will be required:
. Additional Reclaimed Water Pumps
. Additional Deep Injection Well Pumps
New effluent management facilities will be designed in coordination with the additional
effluent compliance points referenced in Section A.O.4.5.
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A.O.5.7 Disinfection
Existino Facilities
Under ongoing, separate work orders, the existing centralized hypochlorite storage and
pumping system is being replaced with two de-centralized systems, one to serve filtered
effluent. Each system is being located near its respective chlorine contact basins to
minimize lengths of piping runs. Each facility will consist of storage tanks within
secondary containment structure and multiple chemical metering pump skids with one
pump dedicated to each side of each contact basin.
Proposed Facilities
Storage tanks at each of the new systems have been sized to serve the Expansion to
30.6 MGD. The expansion will require new metering pump skids, piping and
instrumentation and controls to serve the new chlorine contact basins. Space has been
reserved in the initial system design to accommodate these "build-out" pump skids.
A.O.5.8 Solids Processing
Existinq Facilities
The existing NCWRF solids process consists of the following facilities:
. Two Aerated Sludge Holding Tanks (total volume 1.1 MG), constructed in Year 2005
. One additional Sludge Storage Tank (steel tank, formerly a package plant, then a
"digester"), in service for more than 20 years, total volume 1.0 MG
. Two Aerated Sludge Feed Tanks (formerly Gravity Thickeners)
. Dewatering Building, including five (5) belt filter presses, a truck loading area, belt
press washwater pumps, polymer storage/feed system, and office space
Waste activated sludge from both the Oxidation Ditch and MLE activated sludge
processes are pumped to the Aerated Sludge Holding Tanks (ASHT's) at a solids
concentration of 0.8 % to 0.9 %. The ASHT's can be decanted to thicken the sludge to
approximately 1.5% solids. The Aerated Sludge Holding Tanks were designed to
provide a minimum of two days storage at a plant flow rate of 24.1 MGD MMADF.
Thickened, aerated sludge from the ASHT's is pumped to the Aerated Sludge Feed
Tanks, which serve as batch tanks to feed the belt filter presses. Each press employs a
thickening zone prior to its dewatering zone and produces a sludge cake of
approximately 15 % to 17% solids. Dewatered sludge is distributed through a series of
screw conveyors to sludge hauling trucks which in turn haul the sludge to the
Okeechobee landfill.
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108
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I
Proposed Facilities
The current Preliminary Design Report stated that the following facilities would be
required for the Expansion to 30.6 MGD MMADF:
. Two additional Aerated Sludge Holding Tanks similar to those constructed in Year
2005. These tanks would be accompanied by sludge transfer pumps, aeration
blowers, decant pumps, and odor control facilities. These facilities would be located
across the existing road and south of the existing Aerated Sludge Holding Tanks in
an area currently occupied by a stormwater retention pond.
. One (1) new belt filter press and appurtenances, to be installed inside the existing
Dewatering Building in a location already reserved as Belt Filter Press NO.6.
The volume of the additional Aerated Sludge Holding Tanks will be dictated by several
factors currently under evaluation in the ongoing CAMMEO Study:
. Minimum required storage time. Since the COUNTY hauls dewatered sludge to the
Okeechobee landfill, which does not receive sludge after 12:00 p.m. on Saturdays,
there are two days each weekend on which the COUNTY does not dewater and haul
sludge. Although the COUNTY is currently in the planning stages for long-term
sludge stabilization/drying facilities near the COUNTY landfill property, an interim
solution must be addressed under this Expansion to 30.6 MGD MMADF project.
. Sludge production rates. The increase in influent BODfTSS loading rates discussed
above in A.0.4.3 will result in a corresponding increase in sludge production.
. Demolition of the existing steel Sludge Holding Tank. The existing steel tank has a
total volume of approximately 1.0 MG and was refurbished in 1995. However, there
are several facilities that serve these tanks that are either not fully functioning or not
compliant with current codes or best engineering practices. Examples are listed
below:
1. One of the two air blowers is not operable.
2. The electrical power distribution equipment is located in a room with floor
elevation below flood level.
3. The steel tank is not covered and has no odor control system; therefore,
decanting and thickening within the tank creates odor issues.
The preliminary design of Aerated Sludge Holding Tanks required for the Expansion to
30.6 MGD MMADF will evaluate all of these issues in order to determine required sizing.
A.O.5.9 Odor Control Facilities
The NCWRF currently operates odor control systems for the following unit processes:
. Pretreatment Building (wet scrubber, shared with Aerated Sludge Holding and Feed
Tanks)
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. Flow Equalization Facilities (wet scrubber)
. Anoxic Zones of Aeration Basins 4 through 7 (biofiltration tower)
. Sludge Holding and Feed Tanks (wet scrubber, shared with Pretreatment Facility)
. Dewatering Building (sodium chlorite applied to feed sludge; and air dilution and
dispersion via up-blast ventilators)
. Under an ongoing work order, a separate consultant is evaluating and designing
odor control measures throughout the NCWRF to identify and mitigate existing,
untreated odor sources..
Engineering services for odor control improvements related to existing facilities will be
addressed by others under a separate contract. This Work Order will only address odor
control measures related to new facilities designed and constructed under the NCWRF
Expansion to 30.6 MGD MMADF project.
Facilities planned for the Expansion to 30.6 MGD MMADF project that would require
odor treatment include the new Aeration Basins and the new Aerated Sludge Holding
Tanks.
A.O.5.10 Electrical Power Systems
Electrical engineering services included under this Work Order are as follows:
1. Electrical power distribution, lighting, lighting protection, and control wiring for new
facilities required for the NCWRF Expansion to 30.6 MGD (MMADF). New systems
will be designed to meet EPA Class 1 Electrical Reliability standards.
2. An upgrade of the Electrical Service No. 1 and its associated power distribution
system to meet EPA Class 1 Electrical Reliability standards.
3. Lightning protection upgrades to the Oxidation Ditch portion of the NCWRF.
A.O.5.11 Control and Information Systems
Instrumentation and controls services included under this Work Order are as follows:
1. Automation and integration of new facilities required for the NCWRF Expansion to
30.6 MGD (MMADF) into the existing SCADA system.
2. Upgrading the existing SCADA communication system from Data Highway to
Ethernet.
3. Upgrade of equipment within the Operations Building Supervisory Control Room as
required.
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A.O.5.12 Modernization Upgrades to Existing Facilities
Under the CAMMEO Study, Task 2 includes a review existing facilities with plant
operations and maintenance staff to identify areas that can be modernized and
enhanced to improve treatment performance, operability and reliability. Examples of
modernization improvements include additional automation through additional
instrumentation and controls and replacement of under-performing or obsolete
equipment or facilities. Improvements and upgrades identified in the CAMMEO Study
will be incorporated into the design and construction of the Expansion to 30.6 MGD
MMADF.
A.O.G Reliability Criteria
On past expansions of the NCWRF, designs have been based on providing Class 1 Reliability
Requirements set by the Florida Department of Environmental Protection (1989). As the
NCWRF has become, in practice, an Irrigation Quality (IQ) Production Facility, the COUNTY
has determined that the minimum FDEP Class 1 Reliability standards may not be adequate to
provide the level of service expected by the COUNTY's reclaimed water customers. During the
Preliminary Design phase of this Expansion to 30.6 MGD MMADF project, the CONSULTANT
will provide a matrix of reliability criteria from the following sources in order to help the COUNTY
establish new reliability criteria for the entire expanded facility:
. FDEP Class 1 Reliability Requirements
. T en States Standards
. Water Environment Federation Manual of Practice NO.8
. Applicable reliability standards for drinking water treatment plants
The new reliability criteria will be applied to all new and existing facilities to identify required
sizing and quantity of new facilities so that the overall expanded facility provides for a "reliable"
total capacity of 30.6 MGD MMADF.
A.1. DESIGN REPORT
A.1.1 Prepare Technical Memoranda
CONSULTANT will prepare a series of draft technical memoranda presenting evaluations of
existing process systems and expansion alternatives. Each memorandum will discuss
advantages and disadvantages of proposed alternatives, along with recommended
improvements. Evaluations will consist of capital cost, present worth and functional analyses,
as applicable. Draft technical memoranda will be prepared for each of the following topics:
A.1.1 Civil/Site Work/Paving, Grading and Drainage, Landscape/Irrigation &
Yard Piping
A.1.2 Hydraulic Profile
A.1.3 Pretreatment (screenings and grit removal)
A.1 .4 Flow Equalization
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A.1.5
A.1.6
A.1.7
A.1.8
A.1.9
A.1.10
A.1.11
A.1.12
A.1.13
A.1.14
A.1.15
10 B
Activated Sludge Processes
Effluent Filtration
Disinfection
Reclaimed Water Pumpingffransmission (and Reject Water Handling)
Sludge Processing (Storage and Dewatering)
Odor Control Improvements
Septage and Grease Systems
Electrical Systems
Control and Information Systems
Probable Opinion of Construction Cost
Construction Sequencing and Probable Construction Schedule
A.1.2 In-House QAtQe Reviews
Each draft technical memorandum will receive an in-house QA/QC review prior to submittal to
COUNTY. These reviews will consist of comments from senior level staff members to check for
compliance with applicable codes and standards.
A.1.3 Review with Owner
Each draft technical memorandum will be distributed to COUNTY (eight copies), approximately
two weeks prior to the scheduling of a review meeting. This review meeting will serve as a
forum for receiving and reviewing COUNTY input. It is anticipated that each draft technical
memorandum will require one review meeting/workshop.
A.1.4 Finalize Technical Memoranda
Based on comments received from COUNTY, CONSULTANT will finalize each technical
memorandum. Eight copies of each will be forwarded to OWNER for final acceptance.
A.1.5 Prepare Draft Design Report
CONSULTANT will prepare a draft design report containing a compilation of COUNTY accepted
technical memoranda, along with additional information including, but not limited to, soil borings,
subsurface explorations, and any other similar investigations necessary for establishing a
baseline from which to proceed with the final design of the project. The draft design report will
also include schematic layouts, sketches and design criteria with appropriate exhibits to clearly
indicate the considerations involved, including applicable requirements of all governmental
agGncies having jurisdiction on the project, and setting forth CONSULTANT's recommendations
for proceeding with the preliminary design of the project. Said report shall also include
CONSULTANT's professional evaluation of COUNTY's project budget for this project based on
the 30% level cost estimate. Eight (8) copies of the draft design report shall be submitted to
COUNTY.
A.1.6 Review with Owner
Approximately two weeks after delivery of the draft design report to COUNTY, CONSULTANT
Will schedule up to two meetings with COUNTY to review and incorporate comments.
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A.1.7 Prepare Final Design Report
Based on results of the review meeting(s) with COUNTY, CONSULTANT will prepare a final
design report. Eight (8) copies of the final design report will be submitted to COUNTY.
A.1.8 Review and Final Acceptance By Owner
CONSULTANT will meet once with COUNTY to establish agreement and acceptance of the
recommendations made in the final design report. The accepted report will then serve as the
basis of design, upon which the preliminary design documents will be based. An electronic
copy will then be submitted to the COUNTY.
A.1.9 Project Management
CONSULTANT will provide all necessary work effort to perform management and administration
of its project tasks throughout the duration of the project.
A.2 PRELIMINARY DESIGN
A,2.1 Prepare 60% Documents
Upon receiving final acceptance of the Design Report from COUNTY, CONSULTANT will
commence with the preparation of preliminary design contract documents (drawings and
technical specifications) for the NCWRF Expansion to 30.6 MGD project. Documents will be
prepared for the following proposed improvements and disciplines:
A.2.1.1
A.2.1 .2
A.2.1.3
A.2.1 .4
A.2.1.5
A.2.1.6
A.2.1.7
A.2.1.8
A.2.1.9
A.2.1.10
A.2.1.11
A.2.1.12
A.2.1 .13
A.2.1.14
A.2.1.15
A.2.1.16
A.2.1.17
A.2.1.18
Civil/Site Work/Paving, Grading and Drainage and Landscape/Irrigation
Yard Piping
Pretreatment (screenings and grit removal)
Flow Equalization System
Activated Sludge Biological Process(es)
Tertiary Treatment
Disinfection
IQ PumpingfTransmission (and Reject Water Handling)
Septage and Grease Treatment Systems
Sludge Processing
Odor Control Improvements
Environmental Control and Operations Center
Structural Design
Architectural Design
Electrical Design
Control and Instrumentation System Design
HV AC Design
Plumbing Design
improvements shall be designed per the recommended expansion criteria as presented in the
final design report developed under Phase A.1 .
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10 B
A.2.2 Cost Estimate (60% Completion Level)
:CONSUL T ANT will prepare cost estimates intended to provide COUNTY with an up to date
progress estimate of projected probable construction costs. Eight (8) hard copies and an
electronic copy of the estimates will be prepared and forwarded to COUNTY at the 60 percent
design completion stage.
A.2.3 Project Peer Review
CONSULTANT will conduct a 60 percent completion stage project peer review to provide
OA/OC of the contract documents and cost estimate prior to submittal to COUNTY. The review
will be conducted by senior level personnel (internal Technical Review Committee) not involved
in the day-to-day activities of the project to ensure a "fresh eyes" review.
A.2.4 Reviews with Owner
CONSULTANT will schedule review meetings/workshops with COUNTY to receive input at the
60 percent design completion stage of each bid package. CONSULTANT, based on comments
received from COUNTY, will make subsequent revisions to the documents. This task does not
include out of scope changes outside of the recommended expansion criteria developed in the
final design report.
A.3 FINAL DESIGN
A.3.1 Preparation of Proposed Final Documents
Based on input received from COUNTY at review meetings during the preliminary design phase
(Task A.2) and associated design reviews CONSULTANT will prepare the proposed final (90%)
contract documents.
A.3.2 Project Peer Review
CONSULTANT will conduct a 90 percent completion stage project peer review to provide
QA/OC of the final contract documents and cost estimate prior to submittal to COUNTY. The
review will include final interdisciplinary checks, general coordination and constructability issues,
and will be conducted by senior level personnel (internal Technical Review Committee) not
involved in the day-to-day activities of the project to ensure a "fresh eyes" review.
A.3.3 Delivery of Proposed Final Documents
CONSULTANT will furnish COUNTY with eight (8) hard copies and an electronic copy of
proposed final contract documents and the 90% completion level detailed opinion of probable
construction cost.
A.3.4 Review and Revisions to the Proposed Final Contract Documents
Approximately two (2) weeks after delivery of the proposed final contract documents to
COUNTY, CONSULTANT will schedule a review meeting with COUNTY, so that any changes
that may be necessary to meet the project's budgetary requirements can be incorporated.
These reviews do not include scope changes to the recommended expansion criteria developed
J:ProsCollierWOHS-FT-3785-07-03
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108
in the design report, but only reductions to the overall work effort as necessary to meet the
project construction budget.
A.3.5 Acceptance of Final Contract Documents
One master set of originals and an electronic copy of the final (100% complete) contract
documents, revised per items addressed under Phase A.3.4, will be forwarded to COUNTY for
final acceptance prior to bid. The COUNTY will reproduce all necessary copies of contract
documents required during the bidding process.
A.4 (NOT USED)
A.5 CONSTRUCTION CONTRACT ADMINISTRATION
A.5.1 Pre-construction Conference and Progress Meetings
Consult with COUNTY and Contractors as reasonably required and necessary with regard to
construction of the Project. Consultation will include attendance at the pre-construction
co!"'ference and monthly coordination meetings with COUNTY, the Resident Project
Representative and the Contractor.
A.5.2 Contract Interpretation and Clarifications
Issue interpretations and clarifications of Contract Documents during construction, and evaluate
requests for substitutions or deviations from the Contract Documents. Notify COUNTY of any
such requested deviations or substitutions and when reasonably necessary, provide COUNTY
with a recommendation concerning same.
A.5.3 Shop Drawings
Review shop drawings, diagrams, illustrations, catalog data, schedules and samples, the results
of laboratory tests and inspections, and other data that Contractors are required to submit for
conformance with the design concept of the Project and compliance with the provisions of the
Contract Documents.
A.5.4 Record Drawings
Prepare and submit to COUNTY upon completion of construction of Project, five (5) sets of
signed and sealed record drawings, one (1) set of reproducible record drawing mylars of the
work constructed and electronically on AUTOCAD disks (current COUNTY version), including
those changes made during the construction process, using information supplied by the
Contractors and other data which can reasonably be verified by CONSULTANT's personnel.
Construction engineering and inspection (CEI) services will be provided to the COUNTY by
others under a separate Work Order. It is assumed that the CEI firm will update contract
documents on a monthly basis and provide electronic and hard copies of contract document
updates to the CONSULTANT throughout the construction period. It is further assumed that the
CEI firm will provide a complete, signed and sealed set of as-built contract documents to the
CONSUL.TANT for use in preparing reproducible and electronic record drawings.
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Page 17 of 26
lOB I .~f .~
A.6 [NOT USED] The COUNTY will procure Construction Engineering and Inspection
services for this project from a separate firm under a separate Work Order. As such,
this section of the Work Order is not used.
A.7 ADDITIONAL SERVICES
A.7.1 Construction Bid Services
.,
A. 7 .1.1 CONSULTANT will assist COUNTY in developing criteria and documentation
associated with the prequalification of acceptable construction contractors prior
to issuing the contract documents for bidding.
A.7.1.2 CONSULTANT will assist COUNTY in securing bid and:
A.7.1.3 Provide interpretation and clarification of Contract Documents during bidding;
A.7.1.4 Attend pre-bid meeting with prospective bidders;
A.7.1.5 Attend the bid opening, assist COUNTY in the preparation of the bid tabulation
sheets and assist COUNTY in evaluating bids or proposals and in assembling
and awarding contracts for construction, materials, equipment and services;
A.7.1.6 Assist COUNTY in evaluation bidder's previous experience, if necessary;
A.7.1.7 Prepare and issue addenda as appropriate to interpret or clarify contract
documents.
A.7.1.8 Provide COUNTY with a recommendation as to the acceptability of
subcontractors, suppliers and other persons and organizations proposed by the
bidders for those portions of the work as to which such acceptability is required
by the Contract Documents.
A.7.1.9 Provide COUNTY with recommendation concerning the acceptability of
substitute materials and equipment proposed by bidder (s) when substitution
prior to the award of contracts is allowed by the Contract Documents; and,
A.7.1.10 Provide COUNTY with a recommendation to make a contract award, as
necessary.
A.7.1.11 In the case that construction bids exceed the final CONSULTANT'S estimate
of probable construction cost by more than ten (10) percent, CONSULTANT
will, at its expense, analyze the cause or causes of the overrun and provide
suggestions to correct the same.
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10 B
A.7.2 Operations Manual Update
Update the existing NCWRF Operations Manual as follows:
(a) Each section of the Operations Manual shall contain single-colored process
schematics and diagrams for Operator reference. Isometric diagrams shall also
be utilized when necessary to provide better understanding of the process.
(b) Eight (8) draft copies of the Operation Manual shall be submitted to COUNTY for
their review and comment.
(c) Based upon review comments received, the Operations Manual will be updated.
(d) Eight (8) copies of the final operations manual will be provided to COUNTY.
The COUNTY has standardized on the AIIMax Task Manager (ATM) computerized maintenance
management system (CMMS) for the scheduling of preventative and corrective maintenance
tasks. The COUNTY will provide the CONSULTANT with an electronic copy (in Microsoft Excel
format) of the maintenance database table. The CONSULTANT shall populate this template
table with maintenance schedule and maintenance procedure data supplied in the detailed
operation and maintenance manuals of all equipment furnished under this project. The
CONSULTANT shall provide the COUNTY with an electronic copy of the populated
maintenance data table. The COUNTY will update the AIIMax Task Manager software with the
populated maintenance data table.
A.7.3 Operator Training
CONSULTANT will provide meetings with the facilities operational staff to review operational
data, observe trends, and correlate system performance observations with collected operational
data. This task will focus on optimizing system performance, and reduce operational costs.
Training shall be furnished through verbal communications and through workshops held on site.
Four workshops are assumed.
A. 7.4 Process Startup Assistance
Provide one personnel experienced in plant startups to oversee the startup activities of the new
treatment facilities on an as-needed basis. The responsibilities of the startup personnel may
include:
A7.4.1 Review of Contractor's cleaning, testing, and startup procedures.
A.7.4.2 Review and approval of Contractor's component and system tests.
A.7.4.3 Review designed system for operability and maintenance.
A.7.4.4 Coordinate initial operations with COUNTY and the Resident Project
Representative.
A.7.4.S Recommend to COUNTY the acceptance of equipment and/or systems.
A.7.4.6 Recommend and establish operating procedures for all systems and process.
J:ProsCol/ierWOHS-FT-3785-07-03
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108
A.7.4.7 Review, observe and accept startup procedures to verify that proposed
protocol is in conformance with the intent of the Contract Documents.
A.7.4.8 Assist COUNTY in data collection and trending during and following startup for
process control and completion of monthly operating reports.
A.7.S Permitting Services
A.7.5.1 CONSULTANT will prepare and submit construction permit applications
pertaining to the NCWRF Expansion to 30.6 MGD. The scope of this project
includes the following:
A.7.5.1.1 Florida Department of Environmental Protection (FDEP) Environmental
Resource Permit; note that the FDEP Permit to Construct is being
addressed by another consultant under a separate work order.
A. 7 .5.1.2 Collier County Development Services Site Development Plan (SDP)
Amendment
A.7.5.1.3 Initial application for South Florida Water Management District (SFWMD)
dewatering permits required for construction. It is understood that
Contractor will assume responsibility for transferring permit application to
its name upon construction contract award.
A.7.5.1.4 Initial application for Collier County Development Services building
permits. It is understood that Contractor will assume responsibility for
transferring permit application to its name upon construction contract
award.
A.7.5.2 CONSULTANT will meet with the jurisdictional agencies noted in Phase
A.7.4.1 to achieve issuance of necessary construction permits. It is
assumed that the COUNTY shall pay all County permit fees by
interdepartmental transfer; and COUNTY shall pay all other fees through
a separate line item on this task order. If additional permits are required,
CONSULTANT shall notify COUNTY to establish schedule for additional
fees, as necessary.
A.7.6 SURVEYING
Surveying of the treatment facility area to establish baseline conditions for the Design Report
and serve as control of hydraulic points and miscellaneous items during construction.
A.7.7 LABORATORY TESTING AND GEOTECHNICAL SERVICES
Laboratory testing and geotechnical work associated with the characterization of soils for
structural design and laboratory testing of materials during construction.
): ProsCollierWOHS-FT-3785-07-03
Page 20 of 26
10 B
A.7.8 OPERATIONS SUPPORT
CONSULTANT shall provide technical support to COUNTY, continuous training on operational
protocols, contingency planning, flow management and seasonal readiness during the design,
construction and warranty phase, through all seasons (high season and 10 high demand
season) .
A.7.9 REVIEW/COORDINATION WITH EMS/WWO FACILITY DESIGN
The Emergency Management Systems/Wastewater Operations (EMS/WWO) Center is being
designed by others under a separate contract. The facility will be located on the NCWRF site
south of the MLE Aeration Basins. Under Phases A.1, A.2 and A.3, the CONSULTANT will
provide engineering services for civil/site design surrounding the proposed EMS/WWO Facility.
Under this Additional Services task, the CONSULTANT will participate in up to 4 workshops with
the COUNTY and the EMS/WWO Operations Facility design consultant team to coordinate
civil/site desi.gn issues and provide input regarding design and functionality of Wastewater
Operations components of the combined use facility being designed constructed by others
under a separate contract. CONSULTANT will also provide up to 80 hours of effort by senior
staff to provide QA/OC reviews of design drawings for the Wastewater Operations component of
the combined facility.
ASSUMPTIONS
1. CONSULTANT will incorporate all PUED Utilities Standards where applicable.
2. Engineering design will be performance based to ensure full compliance, treatment and
10 production for each compliance train beginning with associated influent piping and
ending with 10 delivery.
3. Compliance with County performance measures, including:
a. The ability of all flows to be directed manually or automatically
b. spill containment areas for all storage tanks (chemical and/or fuel)
c. Stormwater management system to be designed with incremental containment
areas for SSO's (including manholes)
d. New facilities will be designed with odor containment and treatment systems to
comply with the County's policy of no off-site odors
e. Off-site noise from designed facilities not to exceed County noise ordinance
f. Design shall include provisions to prevent off-site spills
g. Operational safety is non-negotiable. Design shall be in accordance with federal,
state and local safety standards.
J: ProsCollierWOHS-FT-3785-07-03
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108
'I
h. Critical components to be designed in accordance with essential facility design
criteria included in the wind-loading section of the Florida Building Code, or to
higher wind-loading criteria as described in Section A.0.4.11 of this Agreement.
i. Electrical power supply and distribution system design shall meet EPA Class 1
Reliability standards consistent with those employed in design of the NCWRF
Expansion to 24.1 MGD MMADF project.
j. Consulting engineer will be responsible for ensuring the design is fully aligned
with operations and maintenance long term sustainability
k. Consultant will provide continuous training on operational protocols, contingency
planning, flow management and seasonal readiness during the construction
phase and after construction, through all seasons (high season, rainy season
and IQ high demand season)
I. 0 & M's to be completed, approved and delivered before substantial completion
m. CEI services to be totally independent of Consultant
END OF SCHEDULE A
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10 B
SCHEDULE B
COMPENSATION
SCHEDULE B - ATTACHMENT A
SCHEDULE OF FEES FOR BASIC SERVICES
NORTH COUNTY WATER RECLAMATION FACILITY
EXPANSION TO 30.6 MGD MMADF
The compensation for basic engineering services provided under this work order shall be on a
Lump Sum basis in the amount of $2,436,000.00. A cost breakdown by task for engineering
services described in this Agreement follows:
Description Lump Sum Fee
Task 1 - Design Report $ 187,000.00
Task 2 - Preliminary Design $1,130,000.00
Task 3 - Final Design $ 830,000.00
Task 4 - (Not Used) ---
Task 5 - Construction Contract Administration $ 289,000.00
1---
Total - Labor and Expenses (Lump Sum) $2,436,000.00
Pass through costs, such as excess shop drawing reviews, inspection overtime, and contractor
proposed substitution reviews shall be billed separately to COUNTY for contractor
reimbursement in accordance with the construction contract documents.
NOTE: It is noted that this scope of services assumes services are based upon 8-hour
workdays, Monday through Friday, excluding COUNTY holidays. Should longer work hours, or
weekend work hours, be requested by the construction contractor and approved by the
COUNTY, an equitable adjustment to CONSULTANT's fee will be made which may include
overtime rates. Should the construction period extend beyond the contract construction period,
appropriate adjustment of services and fee shall be made by amendment to this Work Order.
J: ProsCollierWOHS-FT-3785-07-03
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108
SCHEDULE B
COMPENSATION
SCHEDULE B - ATTACHMENT B
FEE SCHEDULE
NORTH COUNTY WATER RECLAMATION FACILITY
EXPANSION TO 30.6 MGD MMADF
PROFESSIONAL
CREDENTIALS
FEE SCHEDULE
Principal
Chief Engineer
Senior Project Manager
Senior Design Engineer
Senior Engineer
Engineer
Senior Designer
Designer
P.E.
P.E.
P.E.
P.E.
P.E.
$175/hr
$160/hr
$140/hr
$140/hr
$120/hr
$90/hr
$95/hr
$85/hr
OTHER PROFESSIONAL
P.E.
$75/hr
$85/hr
$95/rh
$98/hr
Surveyor
2 person field crew
3 person field crew
Geotechnical
P.L.S.
SUPPORT
Administrative Assistant, Secretary
Clerical, other support
$60/hr
$50/hr
This list is not intended to be all-inclusive. Hourly rate fees for other categories not listed here
will be negotiated by the COUNTY and CONSUL TANT on a case-by-case basis.
JProsCallierWOHS-FT-3785-07 -03
Page 24 of 26
10 B
SCHEDULE B
COMPENSATION
SCHEDULE B - ATTACHMENT C
SCHEDULE OF FEES FOR ADDITIONAL SERVICES
NORTH COUNTY WATER RECLAMATION FACILITY
EXPANSION TO 30.6 MGD MMADF
Time and Materials
Description Not-to-Exceed Fee
Task 6 - (Not Used) --
Task 7 - Additional Services
T ask A. 7.1 - Construction Bid Service $ 55,000.00
Task A.7.2 - Operations Manual Update $ 50,000.00
Task A.7.3 - Process TraininQ $ 50,000.00
Task A.7.4 - Startup Assistance $ 50,000.00
Task A.7.5 - PermittinQ $ 50,000.00
Task A.7.6 - SurveyinQ $ 25,000.00
Task A.7.7 - GeotechnicallnvestiQations $ 15,000.00
Task A.7.8 - Operations Support $ 100,000.00
Task A.7.9 - Review/Coordination with $ 15,000.00
EMSN>JWO Facility Design
Total - Labor and Expenses (Not-to-Exceed) $ 410,000.00
END OF SCHEDULE B
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108
SCHEDULE C
PROJECT SCHEDULE
NORTH COUNTY WATER RECLAMATION FACILITY
EXPANSION TO 30.6 MGD MMADF
The duration of major work tasks are summarized below:
Description Completion Time
from Notice-to-
proceedA
Task 1 - Design Report 18 weeks
Task 2 - Preliminary Design 31 weeks
Task 3 - Final Design 54 weeks
Task 4 - (Not (Used) N/A
Task 5 - Construction Contract Administration 45 months
Task 6 - (Not Used) N/A
Task 7 - Additional Services
Note A: Unless otherwise noted.
A detailed project schedule is included as Schedule C, Attachment 1. The detailed schedule
was prepared using Microsoft Project and provides durations, sequence, links between
interdependent tasks, and identification of the project critical path. Schedule C, Attachment 1
will be updated on a regular basis to show progress and required adjustments as approved by
the COUNTY.
END OF SCHEDULE C
J: ProsCollierWOHS-FT-3785-07-03
Page 26 of 26
100
.,.'.:~~~
.1
t .l"
MEMORANDUM
Date:
March 1, 2007
To:
Lorraine Lantz, Property Aquisition Specialist
Transportation Department
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2007-50
Please find enclosed find one copy of the document as referenced above,
(Agenda Item #10D), which was adopted by the Board of County
Commissioners on Tuesday, February 27, 2007.
If you should have any questions, please call me at 774-8406.
Thank you.
Enclosure (1)
100
'la
RESOLUTION NO. 2007.
50
A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND AND/OR
EASEMENTS FOR THE CONSTRUCTION OF A 2-LANE SEGMENT OF WOODCREST
DRIVE FROM IMMOKALEE ROAD TO TREE FARM ROAD AND THE
CONSTRUCTION OF A 2-LANE SEGMENT OF TREE FARM ROAD FROM DAVILA
STREET TO MASSEY STREET.
WHEREAS, roadway improvements consisting of the 2-laning of Woodcrest Drive extending
south from Immokalee Road to Tree Farm Road for approximately one mile and the 2-laning of Tree
Farm Road extending east from Davila Street to Massey Street for approximately one-half mile
(hereinafter referred to as the "Project") are necessary in order to protect the health, safety and welfare
of the citizens of Collier County, and will assist Collier County in meeting certain concurrency
requirements of the Growth Management Plan for Collier County; and
WHEREAS, the Project is a part of Collier County's official Road Network, and is a part of the
long range plan for transportation infrastructure.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board has determined that the Project is necessary and is in the best interest of Collier
County.
2. The construction and maintenance of the transportation improvements and related facilities are
compatible with the long range planning goals and objectives of the Growth Management Plan for
Collier County.
3. It is necessary and in the best interest of Collier County for the Board to acquire right-of-way
and stormwater retention sites in either fee simple or as special purpose easements within the project
corridor identified on Exhibit "A" (attached hereto by reference made a part hereof) as best suits the
needs of the project; and County Staff is hereby authorized and directed to acquire said right-of-way
and storm water retention sites by either gift or purchase.
4. The Board hereby directs the County Manager or his designee to use independent appraisal
reports and/or internal compensation estimates ("in-house" appraisals) as the basis for making
purchase offers to property owners.
5. The Board hereby authorizes the County Manager or his designee to approve right-of-way and
stormwater retention site purchases where the property owner has agreed to sell the required land
-Page 1-
100
rights to the County at its appraised value, or at an amount not to exceed $50,000 over the appraised
value.
6. The Board hereby authorizes its Chairman, upon the approval of the Office of the County
Attorney as to form and legal sufficiency, to execute Easement Agreements and Purchase Agreements
for right-of-way and/or storm water retention sites where the property owner has agreed to sell the
required land rights to the County at its appraised value, or at an amount not to exceed $50,000 over
the appraised value; and the Board hereby authorizes its present Chairman and any subsequent
Chairman, for the life of the Project, to execute any instruments which have been approved by the
Office of the County Attorney, to remove the lien of any encumbrance and for any such other purpose
as may be required.
7. Said settlement approval authority is delegated by the Board to the extent that such approvals
do not conflict with the provisions of Section 125.355, Florida Statutes.
8. Where the property owner agrees to convey a necessary interest in real property to the County,
through the execution of a "Purchase Agreement" or "Easement Agreement," and upon the proper
execution by the property owner of such legal instruments as the Office of the County Attorney may
require, the Board hereby authorizes the Finance Department to issue warrants, payable to the property
owner(s) of record, and to others who may possess an equitable interest in the subject right-of-way
parcels or storm water retention sites, in those amounts as shall be specified on a Closing Statement.
9. All title to real property which has been obtained in the manner described above shall be
deemed "accepted" by the Board of County Commissioners, as the governing body of Collier County,
Florida, a political subdivision of the State of Florida, and as such, staff is hereby authorized to record
in the Public Records of Collier County, Florida, deeds, easements or other instruments as may be
required to remove the lien of any encumbrance from the acquired properties.
-tit y
THIS RESOLUTION ADOPTED on thisdJ!:.. day of ;-[J):::lLJd{'(;X ,2007, after motion,
second and majority vote. V
ATTEST:
DWIGHT E. BROC~, CLERK
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
~ .' .
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. . ',.,' Clerk
Attest ....to Chtlraan s
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By:
Item # \00-.-
-Page 2-
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100
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Approved as to form and
lega sufficiency:
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Heidi F. Ashton
Assistant County Attorney
-Page 3-
1 001t.
ROW Acquisitions For Project 60171
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EXH IBIT Jt-)
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MEMORANDUM
Date:
June 13,2007
To:
Margaret J. Kreynus
Transportation
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Project: 650661B-Tree Farm/Woodcrest Road
Enclosed is a copy of the above referenced document (Agenda Item
#10D), which was approved by the Board of County Commissioners
on Tuesday, February 27, 2007.
If you have any questions, please contact me at 774-8411.
Thank you,
Enclosure
10D
10D
MEMORANDUM
DATE:
June 11,2007
TO: Ms. Sue Filson, Executive Manager
i\/
FROM: \< Margaret J. Kreynus, Senior Acquisition Specialist
RE: Agreement
Tree Farm Road, #650618, Parcel No. 108FEE
Habitat for Humanity of Collier County
Attached is a copy of a donated Agreement ready for execution by Chairman James
Coletta. Resolution No. 2007-50, adopted by the Board of County Commissioners on
February 27, 2007 (agenda item no. 100), authorized the acquisition of easements and/or
fee simple parcels required for the extension of Tree Farm Road, and further authorized
its Chairman to execute various Agreements on behalf of the Board.
Please ask Chairman Coletta to execute the attached Agreement on behalf of the Board of
County Commissioners and forward to the Clerk of Minutes and Records for attestation.
Thank you.
10D
Project: 65061 B-Tree Farm / Woodcrest Road
Parcel: 108
Folio: 00192240008
AGREEMENT
THIS AGREEMENT (herei~ter referred to as the "Agreement") is made and entered
into on this (, day of oJ lJ.1Il€. , 2007, by and between HABITAT FOR
HUMANITY OF COLLIER COUNTY, INC., a Florida not-for-profit corporation, whose mailing
address is 11145 Tamiami Trail E., Naples, Florida 34113-7906 (hereinafter referred to as
"Owner"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as
"County").
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a fee simple
interest in that certain portion of property more particularly described in Exhibit "A"
(hereinafter referred to as the "Property"), which is attached hereto and made a part of this
Agreement; and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property
to the County for the stated purposes, on the terms and conditions set forth herein, said
terms including that no compensation shall be due and payable for the Property requested by
County.
NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which is
hereby mutually acknowledged, it is agreed by and between the parties as follows:
1. All of the above RECITALS are true and correct and are hereby expressly incorporated
herein by reference as if set forth fully below, and all Exhibits referenced herein are
made a part of this Agreement.
2. Owner shall convey the Property to County, in a form acceptable to County and at no
cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery
to County of a properly executed Warranty Deed) is hereinafter referred to as the
"Closing."
3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering the Property, the execution of such instruments which will
remove, release or subordinate such encumbrances from the Property upon their
recording in the public records of Collier County, Florida. Owner shall provide such
instruments, properly executed, to County on or before the date of Closing.
4. This Agreement shall be null and void, and of no further force or effect, unless Closing
shall occur within sixty (60) days from the date County executes this Agreement;
provided; however, that County shall have the unilateral right to extend the term of this
Agreement pending receipt of such instruments, properly executed, which either
remove, release or subordinate any and all such liens, encumbrances or qualifications
affecting County's enjoyment of the Property.
5. County shall pay all fees to record any curative instruments required to clear title, all
Easement recording fees, and any and all costs and/or fees associated with securing
and recording a Release or Subordination of any mortgage, lien or other encumbrance
recorded against the property underlying the Easement.
6. This Agreement and the terms and provisions hereof shall be effective as of the date
this Agreement is executed by both parties and shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, personal
representatives, successors, successor trustees, and/or assignees, whenever the
context so requires or admits.
100
7. Conveyance of the Property by Owner is contingent upon no other provIsions,
conditions, or premises other than those so stated above; and this written Agreement,
including all exhibits attached hereto, shall constitute the entire Agreement and
understanding of the parties, and there are no other prior or contemporaneous written
or oral agreements, undertakings, promises, warranties, or covenants not contained
herein.
8. This Agreement is governed and construed in accordance with the laws of the State of
Florida
IN WITNESS WHEREOF, Declarant has caused these presents to be executed the
date and year first above written.
Acquisition Approved by BCC pursuant to Resolution No. 2007-50 approved on the 2ih day
of February, 2007, agenda item no. 10D.
AS TO COUNTY:
OAlErf: 4:. /3- 0 1-
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AU eST: , . '-';,'
~(\~?ol~'l>c
Atte$tlU;L~' Ch<<fna2NP,uty Clerk
slgn<<tuNI onl.
BOARD OF COUNTY COMMISSIONERS
:~LLlE~~~4t:
J S COLETTA, Chairman
AS TO OWNER:
DATED: (; -. 6 -- CJ '7
F COLLIER
rofit corporation
.PJ!d.*il/M~
'Witness ( gnature)
[)1Lho la~; T \((1) (A \ () (" e'l'''('I ~
N (Print or Type)
re)
~~
Name (Print or Type)
Approved as to form and
legal sufficiency:
VkV~
--Ellen T. Chadwell
Assistant County Attorney
r:te", If. jp])
~ :,;,;,13 6210,., L
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SKETCH AND
THIS IS
LEGAL DESCRIPTION
NOT A SURVEY
.!.
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'~I~
..
paNT OF 8EQNN1NG 0>
L~
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50 100 150 200
.. I
CfWIHlCSCAl..E
1"..200'
UNPLATTED
~
u.\fQ~~
~..,..~. go
?0.rfJY
THE SOUTH HALF OF
THB EAST HALF OF
THE NORTHEAST 1/4
OF THE SOUTHEAST
1/4 OF SECTION 26,
TOWNSHIP 48 SOUTH,
RANGE 26 EAST
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UNPLATTED
PARCEL 108
FEE SIMPle
INTEReST
LEGAL DESCRIPTION (SUBJECT PARCEL):
A PARCEL OF LAND L 'fING IN SECTION 26, TOWNSHIP 46 SOUTH. RANGE 26 EAST.
COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING AT THE EAST 1/4 CORNER OF SECTION 26, TOWNSHIP 46 SOUTH.
RANGE 26 EAST, COLUER COUNTY. FLORIDA!
THENCE ALONG THE EAST UNE OF SAID SECTION 26. 5.02'18'34"E. FOR 668.96 FEET
TO '[HE POINT OF BEGINNING OF A PARCEL OESCRIBED HEREIN!
THENCE CONTINUING ALONG SAID EAST UNE. 5.0218'34"E. FOR 668.96 FEET TO THE
NORTH UNE OF lHE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 26;
THENCE DEPARTING SAID EAST UNE AND ALONG SAID NORTI-l UNE OF THE SOUTH
1/2 OF THE SOUTHEAST 1/4. S,89'59'1rw. FOR 35.00 FEET.
THENCE LEAVING SAID NORTH UNE OF THE SOUTH 1/2 OF THE SOUl'HEAST 1/4,
N.OZ18'34"W. FOR 668.96 FEET;
l'HENCE N.B9"59'40"E. FOR 35.00 FEET; TO THE POINT OF BEGINNING OF THE PARCEL
DESCRIBED HEREIN.
CONTAINING 2.3,415 SQUARE FEET OR 0.5 ACRES. MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTlQf\lS OF RECORD.
BEARINGS ARE BASED ON THE EAst UNE OF SECTION 26, TOWNSHIP 4B SOUTH.
RANGE 26 EAST. AS BEING 5,02'8'34"E., IN THE FLORIDA STATE; PLANE COORDINATE
SYSTEM, EAST ZONE, 1983 NORTI-i AMERICAN DATUM. (1999) ADJUSTMENT.
RWA, INC.
LAND SURVEYORS " MAPPERS
6610 WILLOW PARK DRIVE SUITE 200
NAPlE , FLORIDA 34109
PER LS# 6278
3/20/07
DATE OF SURVEY
0\11 ^ lNC'~~on
CONSULTING Civil Eng1neering
..&. ....., , .L .JL. Surveying & Mappmg
DATE: CLIENT:
03/20/07
50"",,
1":;200'
HABITAT FOR HUMANITY OF
COLLIER COUNTY, INC,
DRAWN flY: TITLE:
MAS
UNPLA TTED
WEST LINE OF THE
EAST 1/2 OF THE
EAST 1/2 OF THE
SOUTHEASTi/4 or
SECTION 26
I
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liNE
L1
L2
L3
L~
liNE TABLE
BEARING
S02'B'3~"E
S89'59" 7"W
N02" B'3~"W
N89'59' 40"E
"
LENGTH
666.96
35.00
668.96
35.00
LEGAL DESCRIPTION AND SKETCH
6610 Willow Park Drive, Suite 200
Naples, Florida 34t09
Phone; (239) 597...(l575
FAX: (239) 597-Q576
CHECKms'l':
JJH
SEe: TWP, RGE, PROJECT
26 485 26E NUMBER:
030191.00.01
SHEET
NUMBER; 1 OF 1
FILE
NUMBER;
ASD~
-r6 Re(. 'ftciS
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 10 D
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TUItE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. TIle completed rouling slip and original
documents are to be forwarded to the Board Office only l!fkr 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
. h' . d . th h r hr h4 k' f
exception at the C airman's signature, rawalme rougn routmg lmes #1 t ougr # ,complete the chee list, and orward 10 Sue Filson (line #5),
Route to Addressee(s) Office Ini tials Date
(List in rouling order)
1.
2.
3. .-- -
4. Ellen T. Chadwell, Asst. Cty. Atty. County Attorney {tv y I ~I ()~
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary conlact is the holder of the original document pending BeC approvaL Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the Bee office only after the BeC has acted to approve the
item.)
Name of Primary Staff Robert Bosch, ROW Coordinator, TECM Phone Number 252-5843
Contact
Agenda Date Item was February 27, 2007 Agenda Item Number lOD
Approved by the BCC
Type of Document Subordination Agreement Number of Original One
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a TO riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BeC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
The document was approved by the Bee on 2/27/2007 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
Yes
(Initial)
N/A(Not
A hcable)
2.
3.
4.
5.
6.
,gJJ
N/A
.iJv"
ib
N/A
?t
I: Forms! County Forms! Bce Forms! Original Documents Routing Slip WWS Original 903Jl4, Revised 1.26.05, Revised 2.24.0."
10D
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,- --~. ... .....-
TRANSPORTATION DIVISION
ENGINEERING & CONSTRUCTION MANAGEMENT DEPARTMENT
INTEROFFICE MEMORANDUM
TO:
Board Minutes and Records DATE: Aprill,2008
Robert Bosch, ROW Coordinator - TECM (Tel. 252-5843~
Subordination Agreement
FROM:
SUBJECT:
Please execute the attached Subordination Agreement, record in the Public Records, and return
one standard copy for my attention to the Transportation ROW Department at 2885 S.
Horseshoe Dr., Naples, FL 34104.
Project No:
Fund / Cost Center:
Copy Code:
60171
313- 163673
651210
Thank you,
Robert Bosch
MEMORANDUM
Date:
April 15,2008
To:
Robert Bosch
Right-of-Way Coordinator
Transportation Department
From:
Ann Jennejohn, Sr. Deputy Clerk
Minutes & Records Department
Re:
Subordination Agreement
Project: Tree Farm Road
Please find enclosed one (1) copy of the document as referenced above
(Agenda Item #IOD), approved by the Board of County Commissioners on
February 27, 2007.
The Minutes and Records Department has retained the original document for
the official records of the Board.
If you should have any questions, please call me at 252-8406.
Thank you.
Enclosure
100
,,:
4148222 OR: 4346 PG: 0416
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
04/04/2008 at 09:35AM DWIGHT E, BROCK, CLERK
REC FEB
INDEXING
95.00
4,00
I
"I
V
Retn:
CLERK TO THE BOARD
INTEROFFICE 4TH FLOOR
EXT 8405
10D
PROJECT: TREE FARM RD.
NO. 65061B
This instrument prepared by:
(Y\A#: ~.6~6~r
Florida Power &: Light Company
P. O. Box 1119
Sarasota, FL 34230-1119
SUBORDINATION OF UTILITY INTERESTS
AND AGREEMENT FOR
REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS
THIS AGREEMENT, entered into this :lL day of ()/>A' 0 2008, by and between COLLIER COUNTY, a
political subdivision of the State of Florida, hereinafter c~County", and FLORIDA POWER & LIGHT
COMPANY, a Florida Corporation, whose mailing address is P. O. Box 14000, Juno Beach, Florida 33408, hereinafter
called "Utility".
WI TNESET H:
WHEREAS, the Utility presently has an interest in celtain lands that have been determined necessary for highway
purposes; and
WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed
in such lands by Utility to the County; and
WHEREAS, the County is willing to pay for the initial relocation of the Utility's facilities within the public right-of-
way to prevent conflict between the County's use and the Utility's use, and for the benefit of each, and
WHEREAS the County, in recognition of the Utility's interest in the certain lands, is willing to pay for any future
relocation of the Utility's facilities from or within the entire width of the public right-of-way shown on Exhibit "A", attached
hereto and made a part hereof,
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and the
County agree as follows:
UTILITY subordinates any and all of its interest in its easement lands described on "EXHIBIT A" attached hereto
and made a part hereof, to the interest of the County, or its successors, for the purpose of constructing, improving,
maintaining and operating a road over, through, upon, and/or across such lands, based on the following:
NA TUREOF DATE FROM OR AGAINST IN FAVOR OF RECORDED
ENCUMBRANCE BOOK, PAGE
Easement 10/29/198: Douglas L. Godwin Florida Power & Light Company O.R. Book 944,
Page 614
Easement 11/25/1981 Ruth E. Hampel Florida Power & Light Company O.R. Book 948,
Page 796
Easement 07/17/1990 Freeman H. N~:!! I F!Qr:d~ Pov.'er~: Libh~ Cvfilpuny O.R. Book 1544,
Page 2073
Easement 12/6/1990 Palmer Communications Florida Power & Light Company O.R. Book 1576,
Incorporated Pages 1918-1919
Easement 08/22/1991 Randy Riner Florida Power & Light Company OR Book 1641,
Page 1941
The County and the Utility further agree that:
1. "Public right-of-way", as used herein, shall mean that area which is described in Exhibit "A" and which includes the
Utility's easements identified above and additional lands for public right-oF-way, as described in Exhibit "A",
attached hereto and made a part hereof.
OR: 4346 PG: 0417
2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate
facilities on, within, and upon the public right-of-way described in Exhibit "A", in accordance with the County's
current minimum standards for such facilities as of the date of this agreement. Any new construct!' ~r~ation
of facilities within the public right-of-way will be subject to prior approval by the County. U U
3. The County shall pay for the relocation of existing facilities. In addition, the Utility retains the right to be
reimbursed, either now or in the future, for additional relocation or adjustment of its facilities located presently or to
be located on the public right-of-way described in Exhibit "A", if such relocation or adjustment is caused by present
or future uses of the right-of-way by the County or its assigns, including, but not limited to, the cost of acquiring
replacement easements.
4. The Utility shall have the right to enter upon the lands described in Exhibit "A" for the purposes outlined in
Paragraph 2 above, including the right to trim such trees, brush, and growth which might endanger or interfere with
such facilities. The County shall provide and insure access to said lands by the Utility.
5. The Utility agrees to repair any damage to County facilities and to indemnify the County against any loss or damage
resulting from the Utility exercising its rights to construct, operate, maintain, improve, add to, upgrade or remove its
facilities on the said public right-of-way.
6. This Agreement shall not be assigned by the County except to the State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.
.'
'..':,
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER CO Y, FLO A
.
~ tiirtJ.C
't~A . w . ,lerk
11~ ..1~. -
BY:
TOM
Signed, sealed and delivered
in the presence of:
FLORIDA POWER & LIGHT COMPANY
Print Name:
Mark zwieg
By: ~-I/6
Title: West Area Real Estate Man)ll(ei-
BY:~
v--
~
BY;~-~
Print Name; 'R6bert Luebcke
Print Name; Mark L. Byers
(Corp. Seal)
STATE OF FLORIDA, COUNTY OF SARASOTA
I hereby certify that on this day, before me, an officer duly authorized to take acknowledgements, personally
appeared Mark L. Byers, to me known and personally known to me to be the person described in, and did not take an oath
and who executed the foregoing instrument as the West Area Real Estate Manager of the Florida Power & Light Company
and acknowledged before me that he executed the same as such official in the name and on behalf of said Corporation.
WITNESS my hand and official seal in the County and State aforesaid this.4 cday of 1vI/l ( 'I ' 2008.
My Commission Expires: Notary Signature: ~ ~_____
NOTARY PUBLIC-SlATE OF FLORJDA ;b
. Mark Zwieg Notary Public State of Florida
. Commission #DD558146 M
Expires: MAY 30, 2010 Printed Name; ark Zwiag
BO~DED nlRL' AllA}ITIC aO~TI!NG co., INC.
Approved as to form and
legal sufficiency;
~&c LleUt,
El en T. Chadwell
Assistant County Attorney
2
FPL Subordination Agreement
t
..
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;
-
OR: 4346 PG: 0418
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EXHIBIT A
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L1
TREE rARW ROAD
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=
PARCEL~I
~
0FFICuL REccIIos (1OOK/PAaE)
PROPOsi;l) RlCHT Of WAY
Legal D..cription Parcel 1011'e&1
^ lRJcr OR PAACa OF WIll ~ IN THl::SWE OF ~ CO\.MY OF COlJ.JER, iliNQ ^ POR'TIQN OF"
. ~:511, ~ q lIClUnl, IUNllE 28 U<<r. AlII> Ii!lIG WCIItI: PAImCl.It.NIiv ..... ~'CUl ANll """'Ca"'Cl A$
OIl
~
umttlfolO /IJ THl:NOIrnt ~ (1/4) COIIiQl 01' iIWD IiECTlON 35;
THEHC[ N.S"li8',31 "E:., N..ClHc THE NC.lRTH IJHE OF SA.IO SECI'lON J6, ~ 30.02 FEET TO TIlE ~ CllRNQl
OF THf: lAHDs ""5aiBm lH ClI'PICW. RfCaIc5;. IIOClI< an,' PAQ: 2D:l4, PUIJiJc IIECOIa:I.Ii Dl' CClllJI:rl COIMIY,
Fl.Oftlo.\,;
THOlcE s.o:r 15';)J"E., ALONi; 11<< WfST UIU: SotII lNIl:ls. I'0Il 3Cl.02 I'm:
"THENCE 5.8lI'5Il'J 1 "W_ FQR :50.02 flEET TO 'TlIE war LN: OF "THE NORTH fAST Ql.L\RT'ER 1/+ SEC'TIOH 3$;
TIiEHcE N.02'15'3J"W.; JC.DNQ SAID llIUT LIHi:. I'\)R 3Cl.Q2 fELT TO 1IIE POINT OF IiGlNNlHi; OF THE HEREIN
rl<'3c""8el PAAcu..
COH"lAlNIHa 801 stllWlE Pl:ET OR 0-02 ACItEs, WllIlE: CIl l.ESS.
SKnCH_~..I)~ OWl.Y r 10 t
HoT ^ 1IIAAIIWn'. SUlVI:Y _ 1" _ ...
FOII,C<lU.a CGIlHT'r CQ/rW'''''lr_ QF CClJ..tony __""'" ..._
r
..
.~---':'Z..-
~~ =::::a-~"a'! -rR -...
RW4: !Sr...
---
---
......_-~':.-......
CIIWiii flY l'LE IlHiI[ IIGr
lioJl( 11 1 01" 1
-ra-.. >>uw IllWl
iIEbQ( II -tlP1:Iclx w: .vnlU Ulift ~ ur
PUQU. 11-<11I U ... .. FEE.9IIM't..e
em.... CO~. ~ INTEREST
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OR: 4346 PG: 0419
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EXHIBIT A
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.....QF' -..----.-'"
-... 1/4 _ IF
-':11
JIIOIrr W --- UI~
. ~ ......
.. -'taa<
-...
~~~ --
I l' 1
NClIlIltwr ......
.. ;JI7t/2N4
L IlfQ h- IlU1UIl
-OF...
--CWSlCllllol>>
.................
.-...- 1_... lie.
1llIC -. ".. _..
.. ;JI7'taa<
OR
~
0FFlClI0L. RECoRos (8OClKI"~
PROI'OSED lIGHT OF WAY
PARCEL MO..iQ1J]
Lagal De8cript1on Parcel 101'ee2
A TRAcr OR PAIICEl OF lANO SllUATED IH THE STAn: OF FLORIDA, COUNTY OF COlUER. IlElNG A PORTIoN OF
SEC'11oN 315, TOWIlSHlp 4lI SOU1li. RAilQ[ 2tI fAST, AHa IlEIHG loIORE PAATlc:I.Ii.AAi.Y !lOUHOEo NolO DESCRIIlED AS
F"OUows:
,CO~NG AT THE NORTH ~ (1/4) CORHI:R OF ~ SECTIOH 3IS;
THEHcE H_~Jl.E., Ji.ONo TliI: HOImi lJHE OF SIlID SEC'J'ION 315, FOR 30.02 fEET TO THE NOIflHWEsT CORNER
OF THE lANOs .....~--m IH ClI'I'lCIoIil. 1lECClRos. IlOClK 38", PAlOlE 202+; COI..UER COUI;Ty, F1.llrRlllo6" IlEIHG THE
POINT OF 8ItQIHNIlQ OF THE MEREIH """'<:- h.... PNIaJ.;
THENcE COIITIHUE N.lIIl'~31.E.. ALONe SAID NORTH ~ FOR ',2g1.Sg fEET TO THE NllifTHr.ASr CORNER OF SAUl
lANOs:
THENCE S.OX 18'03" E., AlONG THE fAST lJHE OF SAUl lNCls, FOR 45.03 FEET;
THENcE S."5ll'31'W.. R:lR 1..01 I'EET:
THENCE H.llO'02'37"W., R:lR 18.00 fEET;
'THEHeE s....5ll.31"'*.. R:lR llLlIlI FEEr;
'THEHeE s'OO'OZ'J7" E.. All! 18.00 FEET;
THENce: S.8r5ll'Jl.W_ RlR lIIO.31S fEET:
'THENCE 1(.~52'46'E.. FOR 1 LliIll FEET:
-THENcE S.lll75ll'31'W.. All! 321.013 fEET TO mE'. WEST lJHt:. Of SAUl i..AHOS;
'THENCE N.02'l:;'33"W.. Al.OHG SAUl WEST UNE, FOR'Jo.02 fEET'TO THE POIHr OF ae:GlHNlHG OF THE HEREIN
llF"'>CIlI8Eo I'ARcQ.. .
CONTAINING 5O,53ll SQUNlE FEET OR 1.15 ACREs... WllilE OR LEss.
~ -
SKETCH " D~ otlLY I -=
NOT A IIOUMIlAAY SUIIY[y _ l' . _
FOR: <lOl.l.IER QQUIIry """"-<1_ 8Q/olID OF COUIfry ""'.~,_
r
..
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:"t:!!:! ~ -1l[ ~r ".:'............
~~
------
""""--
------
LI.Nr..z_
llRAijj IIr ~ IWoIE SItlEr
Sl( If-ll\ 1 OF 1
,
na ,~ &OAIl
llUrcK .. ~ 071 Jv1VJlll BU.lJrr ~ YAY
PJ.Rc& 11-0 ~1-20 'FlEE SIMPLE
C01.Ll1lil CDllJITr, l"1oDJIml lIHTEReST
.101 IllIIliiii -..cH ~
.00.00 G
"~"-~''''''''''-__._.__.__~w._..___..,
.'.____.___._......w._.__._....._,_,._.
OR: 4346 PG: 0420
lOll
"
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... -oF" WlY
Er'~
PEllDIID
NAPW>
~,u.c
.011 Jlltjinl
POINT Of C'I"'IIo.JU_-c-UEHT
' NClR'IHrAsr COlCHul
SIC'IICIN J&
POINT OF
BEGINNING
tC
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e
~
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SEClIoN UHE
q
IIIDlIDWl
~ INC.
011 22lI77Cl2.JO
EXliTIHC JO.llO'
~ OF Wl'l'
E:ASEuEHr
Il'EIl OWl
s
L4
l5
La
L7
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. EXHIBIT
~:-:'i of
SOUTH I.JH[
N 1/2, lIE 1/4.
HE 1/4
rr
~
fZZI
FI1rUII(: RGHr OF WlY
~'IlIllH1'OFWlY~
PI:Il DUll (OR 2257/O%JQ)
--lELHaL J()!) [e~
Lm\L ~CI\lIIOH AlII PARCEl. l~
A TRACT OR "Allen. OfF lAND Sl11.ioIJEIl IN THE: STRE OF ~ COUHTY OF COt.Ui:R, RING 1\ 1'OR'1'lOH. OF THE
HORrH OH[ HAl-' OF 'INE IlOIn'ICASi' 0UMTEIl OfF lHE IlOlmtEAsT lllWITDt OF SI:l:1'IcN 36, TOWIlsHll' 48 SOUTH.
IWlllE 2li EAST, NCl ... *- "_I~.w.V ~'""V NCl """'C- i:t AS 'ClWlWs;
""""lE"lCINc; I(( 1'HI: ~ COIIiIER OfF 5ECIlCllf ~ T~ <WI SOUTH. lW<<iE 2.11 EAST, COWER COIJNTY.
~ . .
. ncHcI: S.W:s.'31'W~ AL06IC THE: IIClllTH LINE OF SAID NClIl1lIEAsr 0lWmR FOR 3(1.02 FUr:
1llI:HcE S.ll2"1."TE., fORJ0.02 I'UT TO A PIlIHr ON 1l4[ $Cl\JTHl;M.Y UHE 01 THE 'llf.EDEo 30 FOOT WIDE:
:E"~ '011 TIIU FAIIIol ~ AND THE: WES'TEIlLY I.JH[ OFtlEEDEo 30 AlaT WlI:l[ ,..-'lOlT 1'01I ~
; STMrr. ~. PQINT IDlQ THE: PQINT OF ~1I.1li;
i~ COIffiNUE s.oZ'IO'llTt:., Al.ONIo. ~ WlS1ULY EASEllEHT LINE, FOil 1iJ8.~ FEET TO A POINT ON TH[
i SOUTH UIIf: OF 1')1[ IiCIIlTH 01olI: HAl-' Of' ~ .~ QJMTo OF 1l4[ 1IClllTHu.sr Q\WUER Of' IlIIIIl Sl:CTlOtI
35:
,THEl<<:E s.ar"'O.1"W~ Al.oNl; SAID 50UrIl UI<<. FOIl 5.00 FEET;
incHcl: 1i.az1a"TW., AUlHC; A LlNEI.YlNG 5:Do I'IET WEsTE:Rl.Y OF AHD PAAAl.LEL TO ~ WE:s'lDlLY fASE.\IDIr
,LINE, 1'01I _.13 FEET;
:THEHc[ H.l(101'II'W~ FOIlll2.H FEET;
!ncHcI: N.41'50'2O"W., FOR 47.11 FEET:
iTIoIDlCE N.8O'44'J2"W.. FOR 153.Qll F1ET;
ITHDlCE S.lIll'5r31'W.. AUlHC; A UHE LYIHQ 10.00.'UT liOlJrHOILy OF AND 1'.Oll''1t1 TO SAID SOiJTHEllly
iEASD.IEHT lilt: Of''IJlQ:. F-. ~. IIClIl 1,Q11.74 P'frr;
!1MDlct: H.02"1I'QJ"W.. fOR 10.01 FaT TO A PQINT ON IWD SOlITNERtv EAafWOIT UN[;
jTHDIcE H.""'JrE., AUlHC; SAID SClmCRt..v ['--ofT LINE fOR 1.2111.10 FEET TO THE PCllHT Of' IlCllINNlHro.
;~ 22.a.}a SQl.Wle: FEET OR Q.53 ACIlfS, Wl:lRE 011 ws.
. SlCm:H .. OESCIIPnOH O/IlLY
NOT 4 IlOUlID4IY "1lIIlYEY
F~ COl.UIIl --.. 'lCO
_Jl'~~
IlXlI'rca .. "WI .......... lIP: I'U'lUQ IIGliIl'!' Qp lr.4Y
l'4lICII. '.0 ....-- "alAfPl.e
COWU COWfTT. JJ.Oauu. INTERI:8T
lIDaiiii
: ~ !
'-"-
.~ ~ Qp' CCiJUNrr ...........- .....ua
~
.
~I~.- - : ~ ':-.:=.. -
:-"::&:,~~_..
~~
.....,.......-
.-.--
------
1.1...-
INIiET
1.OF 1
OR' 4346 PG: 0421
, 10D
N
.+,
s
EXHIBIT --A...
Page-'L ciiI
EXlSTIHG 30.00'
RIGHT OF WAY
EASDloo
PGl DaD
i'W'l.ES
~"'W:
011 -';1371
POINT OF COMlolENCEWENT
NORTHfAST COlUCR .
. SECI'IClH 35
UHE
,
L2
L3
'4
34.'.'
1 I'
,n.
. 37.~'
'''.lIll'
15.01'
153.08'
.. .11'
,~,
50UllilJHE
H '12, Nt: 1/~,
IE: i/.
<E
~
~~
FUTI.IIIE ll.00-
RIGHT Of' 'tII\Y
.,
SlC'I'IC>>I UIl[
....
.
I'ROf'Os(o
RITUll[ 1.0.00'
IIIllHT Of' WAY
15.00' IolIIIlDWi
.""DCIISTING, IHC.
011 2267/l1:2JO
TAIl.(
l6
l7
f:XISTJHc; 30.00'
IlllOKT OF WAY
E"'~"~
PGl oat>
.l'
SWTION
lJIoiE
l,
~
lZZJ
PROPosEo :ilOPf; E~
ExISTIIQ IlQiT Of' WAY EASOlI:HT
PER llUD (011 2257/0Z30).
POINT OF
BEGlNNING
lOW.. DISCllIP'noH fDft PNlCEL I02SE
A TRIer 011 PARCEl Of' lNID ~TEll IN TIlE STATE OF ~ COUNtY OF COWER, IlElNc;; A I'OIl'1'1OIl OF lliE
NORTH ON[ HALl'OF TIlE ~ Cll.IMTcIl Of' TIlE NCIITHE:AsT 0lWlTER OF SEC'IIOH ~ Tll'MlSI;lp .. SOUTH,
IWC[ 21 fAST, AMO lEI<<: lIOlII: ~'..w.Y 1OI""OEll AltO orr-'- " AS rou.cws:
~ AT nlE lIOIl1lcAsr COItItrR Of' SlC'I'IC>>I >>. TOWHsHlP .. SOlSTH. IIAHl:E 211 EMT, COlUEJt COUNtY,
1'1.0ItIIlA;
THDlci: 5.02'''~rE.. AlOHQ 1Mt: fAST lIHE OF 5AIO ~ 0l.WITER FOR "'c:~~ TO A POiNT ON TIlE
SOUTH lIHE OF TIlE'1IllRrH IW.F OF __ IlClIIlTHI:AIT ~ OF THE ~ :
THi:Hct S-8rsa-orW.. AlOHQ SIlIIl SllUTII UIlI: FOIl J4..1II /'[[T TO THE POiNT Of' 'KClIllllllQ:
TliEHcE CON11luE S"'5ll'03"W" AlOIC SAID .SOI1Dl UNE;. FOIl 1.:1.01 F'EET:
THENcE: N,02'1&'$-rw.. AlOIC A UII[ l'nNl:;.IO.OO FEET WD'TEIILY OF AltO PAR.\l.w; TO THE EAST L.lHE OF SAID
HOIl1HI:AST ClUNITlR, FOIl JI7.21 /'[[T;
THENcE: N.Il1or,,.w., F"QIt In.1I7 Fm;
THDlc( N.41"llO'2o'W" FOR 37,~ FEET: .
THDlcE N,lIO'44'Jt'w" FOR 141.51 FEET:
THENcE S.IlI'sr;ww" AlOIC A UIiE l'nNl:; 511.00 FEET SOlITHEIiLv OF AN/) PAIlAL.L.EL TO THE NORTHL.IHE OF 5AIO
HORTHI:ASr 0UNntIl FOIl 1 ms.ll3 FEEl:
THEHcE N.02'II'Q3"w., FOIl lUll FEEl:
THENCE 14.1"'61'31' E., AlOHQ A 1M[ l'nNl:; 40.00 FEET SOlSTHERlv OF AND PARAlJ..EL TO THE NORTH l.IHE OF SAID
NOIn'HrASr oUolRTtR F"QIt '.llIl.7.FEET;
1liEHcE 5.1Il1+4'J2"E., FOIl 15J.0ll FEET;
1liEHcE 5..,':IO'2O'.E.. fOIt 47.11 FEET:
THDl<:E S. 111~'1 1~.E.. fOIt ll2.H FaT:
THfHCE 5.02'11"5"'E.. AlOICA UHE llIIlC; 35 FaT WESrERlv Of" AND ~.. I n TO THE EAST lIHE Of" SAID
NOII'rNf:AST 0UMrEIl fClll 31&.13 FEET to _.POWr OF "ECUlIIlIl;.
COHrAINIHG 27.6111 SQl,/AAE. FEET 011 0.113 ACIlES. WOIII: 0It ws.
MRCeL NO. ! 025'"
Sl(ETQl .. ~ QHl.y r- \01 -'r
NOT A "01"'lWrr 1UIlV[T _1__
FaR: ClCll.UIJI. COUNJy onur......IDf1" ~ f6 CCUtJy ~'-~c-..,
. 'I'lta J'QI( JIGAlI
liDl'CII II ~ 01': .L01II: ~T
p~ 1-0 --.......
COI.LWl COUXTr, P.loDIUIl4
- HUIIIiIii
0100&1I.00.00 DOS
r
..
.....~ _'l..Wi*-
'l~~j_ _...
-~
.................-
-......-
---....--
--
SlUT
i OF.1
'-'r'
OR: 4346 PG: 0422
laD
IW'lES
SYNDICATIONS. LLC
OR Jfi6/1371
POIHT OF BEGINNIlG
HOftTHEAST CORNER
Si:CTIC>>l 35
__OIF
. 1/2. IC 1/..
IC 1/4
JGRTH ~ Of
_JO
N8lT:;ll'3,'E 13 1.91' TREE FARIA ROAD
\
1
-+
I
r-~
. 1/2. C 1/4.
HE: 1/4
_._-~_.-
~
Vl
~
~
::0
5 IT\
"I ~
~ CALUSA PIHES
'"
Ii. OR 2725/1729
....
~l: ~ l!l
"l
~ ~
..
.. ~
ISi ... ..r
0>
li~~ g:
t: io
il "!.
SlWy'31"W 12111.110'
UN[ W _v OIF
... -..a. YO _
... .. .... 3$
WERIOIAN
BROAOCASTINC. INC.
OR 2257/0230
tat UN[
. 1/2. Ie 1/4.
Ie 1/4
N
.+E
S
LIHE
Li
L2
1;~IErl
Ll
ii
ll~
OR 0I'flCw, AECOftllS IIOOK/PAGE:
~ FUTUIlE "1GIfT OF \1IIAY
"_OIF
. 1/2, C 1/4.
NI( 1/4
Fee SINPLE
INTEReST
EXHIBIT A
P9 ~ of...:L.
I.EGAL DESCRIPTlOH FOIl PNlCEL 102FEE2
A TRACT OR PAIlCEL OF LNIO SlTUATEO IN THE STATE OF FLOR10A. COUNTY OF COWER. iElNC A PORTlOH OF THE
NOIlTH OH[ HoIlLF OF THE NORTHEAST OUNlTER OF THE ~T Ql.WITLR OF Si:CTlON 35, TOWNsHIP 411 SOUTH.
IWU 211 EAST. AND ElEINC llORE IONITlCUlARl. y iiOUHOtll AHO DE'>CAlIlEO lIS FOl.l.CWS;
IIE~ AT THE NORTHEAST COIII€R OF SECTION 35, TOWNSHIP 48 SOUTH. RAHlOE 26 EAST. COLUER COUNTY,
f'LOfIKlA;
THENCE S.02"1,'57"[. Al.ClHG THE EAST UHE OF SAID Si:CTIOH 35. FOIl Ii6ll.K FEET TO THE SOUTHEAST CORNER
OF THE NOIlTH ONE HoIlLF OF THE NORTHEAST QUARTER OF THE NORTHCAST 0UNITtR OF SIlIO SECTIOH 35;
THEHCE S....Y.O.J"W. AI..OHC THE SOUTH LINE OF SAIO FRACTIOH. FOR 30.02 FEET TO A POINT ON THE UN€: LYJjG
30 FEET w(sTERl Y or AHO PAlW.LEl. TO SAIO EAST UHE;
THEHCE H.02"1.'57"W. Al.ClNG SMl UNf. fOR &31.9. FEET TO A POINT OH THE UHE LYING 30 FEET SOUTHERLY OF
AND PAAALLEL liO THE NOIlTH LINE OF SAID Si:CTION 35;
THEHCE s.at"Y'31 "W. Al.ClHG SAIO LINE. FOIl l,2i1.l10 FEET TO A POINT ON THE WEST LINE OF SIlID FIW:T1ON;
THEHCf: N.02"1"03"W. AI..OHC SAIO "",ST UNE. FOR 30.02 FEET TO THE NORTHWEST CORNER or SAIO FIlACTION;
THEHCE N.lWY'31 "r. Al.ONC SAIO NORTH UNE. FOR 1.321.91 FEET TO THE POIHT OF BEGINNlIlG or THE HEREIN
DESCRIlED PARCEL.
CONT_ 58.1126 SOUNlE FEET OR i .35 ACRES. UORE OR LESS.
g lQO 200
SKETCH Ie DtSCIllf'TIOH ONl.Y r'
MOT A IiDU"OGoIlIlY SlMYEY ...... ; "_'
'QR: ~ CCiUnY (;M:Rt....,. IiIQMO C'JF COUHTY C~.. .~IIO*iERS
400 iii':
"1 =. A. MIU.D, i .....aIIiIIIlIriitiI-:-.:.. ....
--
.. .... --.w 1IC ___ __ .. __ _ 1M. ..
...-. - -- -......
'!'lID rAlll( IICWl
IIICI'1'CH .. IaCIII.l'11I>>I QI': I"UTIJU IUClrr or lIAY
PAIICm. '.0 :16-41-.
COWlll COUIft'Y. rLlImDA
R~E..__
---,...........
---
............. MIC.:,,___
i.a...._
fU _ SHUT
SI( 10 I or 1
........-"..-...,..,....'''...-...-----.-.--..,--...'''..-.-.-....-- ..
- ~ ;:;;';:~
.0 11II""
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IQ. ~.~....
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, - ,....---..,-.-----'r.--.--~
OR' 4346 PG: 0423
, IOD
I I I I
I --~-1...
I t- - N 8IJ'4I'1P W 251.53' - - - ~_
I
..... lS
~ I:>
I L ___ --- - -r
---
I I L4 ...~
1:>.1:>
~~:-tJ I I ct.'\ ~~
~IP I I EXHIBIT A h
I I
1fI !:tl I I t;; 6' of 'l
~5il I I P8~
III I I
I I "l. 1
I I ~
I I .
~l:!l.
I . j
I ~
I ~
I JIll Jlq I
I I
rj CI) ~jl ;j:;
"'lll I,;::, ,;::,
>><>. . ... CI) I ...
1IliJ! I....: CI) ...:
!:!~ I ~ I'TlI ~
hi", """':.~
: ~ CI), ~
I <; ~I ~
I I'TlI ~
I 1'Tl\
. I --; I
I I
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i I
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I I
I I
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I I
I I
I I
I L1
I I
I I
k.
~~
::t..<")
~~
Cr.i .
PARca. NO, 103teIL
FEE~
'NTEReST
I
f:~tf;r.:~
... .", llc'~"';:: BiifJ81a:~~~~~li;Jlililt!J,~ill~i;g
ill;; ~~ 5:l:.C\l.'~ C) 'I~"'I il~!l!~ ~~. ~~iill;;1 ~~llc ~~~Ii 0
! .~. "'. ii! ~~.~~i~~I.:I~'~i~.~ ~~~ ~
I l ~~. 0; -!~ !~~~~. ~ !lli..~ ,~M ~ !i..:,;
;, ;~ :~I' i~:~;~~mjli=~I~gi~ill ~
I I~ ~~ ~.~~.~~m~~~15~~~IM ~
: · j;~ .~:~Ii~m*ilj~;;,~ i.~: ~
; I, ~~~ ~~~it.~...!.i~~~I!s ~~i ~
m ~". .h=t@"~i~~~*a.-~. h Cj
~ ~.h .i~l~~~!~~lid~~tu ~~"
. ~ -.' Jl"M" M!~~I.~e~~..
~ ~ ~~: d~imiil:,iegsi d
l · ~~ li~t' rr. ih ~ ...
OR' 4346 PG: 0424
. IOn
N
w+,
s
EXHIBIT A
Pa~ 7 of Cf'
1L2
I
30'
~ .10M" YDm.IN; 'l/
.. .....- lU __._.
OIl_lID'
""'- ....
1M _ 4.0 _..
OIl 17J11172ll
~ PROPOSED IIIlOHT OF WAY
OIl omcw.. RiCORD IIOOI</PN;E
POINT Of"
BEGINNING
.....,/.-
_...
PARcpa NO, IO~ ER2..
LECOAI.. DESCRlPnoN FOR PNlCEl. 1Dl1"-Cz"
A TRACT OR PAACEI.. OF LAHIl SlT\MTED IN TWE STAT[ OF. ~ COUNlY OF COLlJER. SEItjQ A POllTlON. OF THE
PAACEl. "UCfWl) IllI llf'flCW. RICOIID IIOOK 348.4, PNOE 1101, Of' THE PU8UC flECORQS OF COWUl COUH'TY,
~ LYlHI: IN S&mIClH21. TOIlIlSllP ".SOIJnoI, fWIGE 28 EAST, AHO IlEJHQ lIOR[ PNI'l'ICULMLY DESCRIIii;c AS
FOl.I..OWs:
'lfONIIIIO AT THE EAST ~ (1/.) COIQIOl OF SWOON 21. TOWNsHIP .. SOUTH. RNIQf; 211 EAST. COlLIER
COUHl'Y. I'UlRlOoI.AICl nit: ~ CORNIIIt OF nit: PNlCI:L ~1lE1l IN llf'flCW. IIECOIlll 110OI< 348.. PAQE
lICIl, OF nit: PIaJc IlECOAQs Of' COUJDt Q:lUInv, Fl.OItIlA: .
l'HEHCE' N.8lr5l'2a'W. AI.ONC; THE SOUTH UN[ OF W> PNlCEL. FOR 30.03 FEET TO A PClINT ON A lJIoIE LY1IoIO 30.00
fEET WESTEJa..y OF,. AM;) ........,.. TO, THE ~ lJH[ Of W> SECTlOH 28:
THENCe: N.Q2'18',u"W. AUlNQ W> UIC, f'llIl: *7.10 fEET TO A POINT ON THE NORTH lJH[ Of SAlO PARCEL.;
THENCe: S.arSl!'21'E.'~ W> HOImt LlI<<. I"QIl 30.03 fEET TO THE NOII'THI:AST COIlHDl Of W> PARCEl. AND A
POINT ON THE EAST LH: or SIoID SWOON ~.
THENCe: S.02'II1''''E. ILQHG SAlO EAST UIC, I'l)R 217..' fEET TO THE POIHT Of' 'l[gjU.JQ OF THE HEREIN
D<:scMED PMCEl.
CONT.t.ItIIHc;; B,O~ SQUARE fEET oa 0.11 -'CIID. WOllE OR lESS.
$l(ETCH .. ~ OMLY i ,. J III
MOT A IOU..'..IIY SUIlYEY _,"_
F'OIl: C!lWDl COUIll'r ~....... _ ~ CCUl1Y -'II'i1 f'I.Dta
lr
..
......- J_..f:r,.-
':'t~====--".!'-&\:..~L~.,,- _...
RWA:~
......,.IlIIM.....
---
............. ,........,.,....
1oII~_
PU: _ SM[ET
SJ( lOll'" 1 ~
WOO~l' IlIlIQ
::; ~::.;~.- ~ ~~uY
l"!O',.... COtJJttt, ft.OIIlD.t. IH1'EREsT
llCAU:
,. _ eo'
..lClII NUol8EII
OJCXlOl.oo.OI OIlOl
'..<
....
EXHIBIT A
Pa~a ofr
~~
SOUTHERly LINE
illlWOKAU;E ItCWl
(C.R. 84li)
40.00'
N
.+,
LItE TA8I.E
LENGTH
40.03'
10.00'
24Ulll'
so.04'
1
L2
s
L4
l32QJ
fZZl
~
OR 1348/148ll
FVTlIRE RIGHT 0,- WI<<
EXlSTING RIOHT OF Wt.Y
. "!OK" IE Ill>>.D (C.II. ....)
PROolEcr I 100 1.
WATERWAys
OR 34ClII/2li 11
OR: 4346 PG: 0425
Ion
CALUSA PIHiS
OR 272&/1~
SEC110H LINE
EAST llWf:
NE 1/4, NE 1/4
50.00'
POINT OF
ftBEGINNING
SO\.ITH[AST . COIINER
NEI14, NE 1/4
l4
L.EQ,\L DDcIlPnoN FOIl PARCEl. 1161"11I:
A TRAcT OR PAIICEI. OF LAND SIT1.IA1lD IN THE STAlE OF F'L.ORIOA. COUHTY Of COWER. liIEING A POJmON Of' THE
EAST ONE IW.F Of.THE llClImll:JcT IlUMTER OF 1M[ NOIn1olI:AsT QlWlTER Of' SECTION 21, TOlIItlSHIP 41 SOlJTH.
IWlQ[ 2. EAST, AND IIfilNll 11IOIII: pMTlCiIAMLY IIllUNOED AND DESClIlIIED /lS fou.ows;
BEGlHHlNG AT THE SOUTHEAsr COIIHER Of l.Hi:. NllIl'lHEA$r 0lWlTER OF THE NORTHEAST QUARTER Of SECTION 2.&,
TOWNsHIp .411 SOIIlH, AMIGE 211 tAST. COl..IJ[ll COUNTY. F1.CIIlIll;,;
THEHCE N.OX2O'0J"W., M.ONlo THE EAST LINE OF ~ NOIlTHEASTQUARTER, FOR 1.1411.03 FEET TO A POINT ON
THE SOUTHERLy UN[ OF ""'OK'lIE ItCWl (c.il. ~) /lS PUt PROolEcr NO. 6001.;
THENCE N.lIlT58'OI"W.. M.ONlo SAID SOOTHEAL'i' LINE. FOR 40.03 FEET:
THENCE S.02'20'03"E.. Al.CHG A UN[ LYING 40FEETWESTEIlLY OFANO PN/A4.EL TO SAIl> EAST LINE, FOR "1i.0II
FEET; . .
THDIcE S.ll7'311'$TW., FOR 10.00 FEET:
THENcE S.02'20'Cl3"E., Al.CHG A LM: lYlNC; ':;0 FEET WESTERLY Of' AND PW' I "l TO SAIl> EAST LINE, FOR 2.4lI.511
FEET TO A POINT ON THl 50UTH UNE Of" SAIIO NClIa:HI:AiT 0lWlTER:
THE/<<:[ N.8V511WE., Al.CHG ~ SOln'H.lM[; "011 50.04 FEET TO THE POlHT Of BEGINHING.
CONTAIHIHG 48;335 SOl.WlE FEET OR 1.11 ACllES, WOllE OR lESS.
""
II:!!.I.......... r.... ~-..::=.....
iiIiiIi tlI .
~l!!!! - '". - :r=.:.~"""" _.,
~~
o ,.. ..
SKETCH .. D[S(;lIIJ'TK>>l ONLY 1, . ~
NOT A IIClUNl:lARY SU/!lV[y -=- ,'_
POll: CllWER COUNTY "Q'VUIW:.:IIT IQWl OF COUNTY -"""'Ilr_
--
,
YOoDcaIlrr IWY:I
fiD'I'c2 .. ~ Ill': PMPo&al IIGIIT Ill' 'WAy
PAIlCII. 1..0 lit " 211 ~ SIMPLe
COLUR COtlHTY. PLOm4 INTEReST
IIIWiIQjj IWlc;E
2.
'..,
,
._"'.....
,
*** OR: 4346 PG: 0426
laD
***
'EXHllllT'
PllgeL f1
\"--~"IIOS~
~ lJHI:.
,&.I:li~~ E[ RCI.D
(C.ll 1141)
N
.+,
s
CAI.UIA F'IHfs'
OIl 2720/'728
SEcnoN UHf:
.iACr LlHE
Ht"/4, lit '/4
1 5.0ll'
i
-I
.~
.~
r::za
f>Ao~at> $,""", 1If_
lVoGHDl
OIl .1:541/1411I
ElClSnNG IllGHr- OF llIA.Y
'-"~au:c RII'W).
(C.R. ~)
PRO.IEcr # 100,.
L4
SOUTH lJHI:
Nt i/4. HI: 1/4
I.J
SO.llO'
POlHT 01'
r~~
/ Nti/4, Nt 1/4
15.0ll'
A TRACT OR PMCa.';OF lAHD SlllJATm IN TI!IE STATE 01' ~ CO\JHJ'( 01' COWER. lIEIHG A PORTION OF THE
. <AST ONE HAlF QF'. THE. ~ ~ Of THE' ~ 0iJNITER OF ~. ZI.. TOWHIHIP 41 SOUTH,
RAHcr; 26 lAST. ANQ../QIG. *lit ~. IUIlY "()l """'l:l ANO ~ [IJ AS rot.1.Ow$;
~ AT THI:.~ CClRNo Of' THE ~ QI.lAIn'[Jl OF TIll: NOlI'IloIQsr Ql.Wrrtll or stC'llOH
26. 'I'OI'J11S1t1P 41 .~ IUMR 21 EAST. COi.J.JEIl CClUHTy, ~ ,
lIiEIlCE urlt'WW;;'~ IN[ SOIJ1!H .~ OF Wl ~ 0l.Wm:R, FOR 50.04 FEET TO THE POlHT OF
~"n.lG;
THOlCt CllNTINuc ur.orW.. AUlHli; SAIl SOUTH LIHI: FOR 15.01 FEET:
'~.~Il2'Wo3"w;;..~ A LIIfE Ll1NG iii FEET WESrrlII.y. OF AICl.PARAu.EJ. TO THE rAil. L.IHE OF SAIO
'~-I Q\.IMn:R;;.flJIl .24I.Ill FIn:
1HEIleE H.a7'Jr57"L,. POll 10.00 FEET:
THEHcE H.~W";;~ A l.Ii['L'tIHG iii m:r wtsmu.y or AIIO p.~.' ,., TO SAIO e:AiT UIlt. FOIl lllI....
FEET TO A POlNT'OH'l1€ SOU:rilfRLY LIME QF ...."<lIC'IUl: IIlWl (CoR. 1146) Nil PER I"RC.IEcr NO. 10011;
THENcE s.a&'$I'Ol1"E., AUlNg SAIO SllI.l1HE:Ilet UIlE. POll 15.01 Fm;
THEHcE s.02'2O'03"E.. AlOHG A UIl[ L'i1IlG ..0 m:r 'llI:SrERLY OF !\NO PAIlALUL TO SAIO'EAST LlHE, FOR lllIa.oe
FEET:
.THDIct !l.lI7'Jt'57"W.. FOIl 10.00 fEET; .
THEHcE s.oz2O'OJ"E.. ~ A UIl[ LYINl; 10 FEEr WEslilllY OF AICl PARAu.EJ. TO SAIO tAST UlI[. FOIl 24Q.6ll
FEET TO THE I'OlHf OF -'lI'II*lQ,
COH1AININc 17.112 ~ FUr OIl ll.3lI ACREs, lIOIli: OR LESs.
POINT o;~
BEGINNING
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....
------
---
------
-
SNRr
1 Of' .1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 10
Pnnl on pink pap}'~~, ~~~n~c?n~nt~~g~~~~n~?'~u~\~~~~~~~!}~ l~~'~~~~c~~~,~~~~~!.~~~,"d "ciginal C
dOl.;umcnts an: to be forwarded to the Board Offio.: only after th~ Hoard has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatun:s. dates, and/or information needed. lfthc document is already complete with the
exccotion of the Chairman's signature, draw a line through routing lines # 1 through #4, complete the checklist and tOr\'iard to Sue Filson (line #5)
Route to Addressee(s) Office Initials Date
(List in routine: order)
I.
2.
3.
4.
5.
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder oflhe original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needcd in the event one orthe addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bce Chairman's signature are to be delivered 10 the Bee offiee only ailer the Bee has acted to approve the
item)
Name of Primary Staff Donald L. Scott Phone Numher 213-5831
Contact
Agenda Date Item was February 2'), 2007 Agenda Item Number 10E
Aoproved by the BCC
Type of Document SIB Application for 1-75/lmmokalee Loop Number of Original Two (2)
Attached Road. Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A"' in the Not Applicable column, whichever is
a ropriate.
I. Original document has been signed/initialed for legal sumciency, (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Omce 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 ossibly State Officials,)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and lhe Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final negotiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of your deadlines!
6, The document was approved by the BCC on February 23. 2007 (enter date) and all
changes made during the meeting have been incorporated in the attached document.
The Count Attorne 's Office has reviewed the chan es, if a licable.
Yes N/A(Not
(Initial) Applicable)
DLS
JtC
DLS q,u.
JL .
DLS 2Jjj.
DLS
DLS
I: Forms! County Forms! ACe Forms! Original Documents Routing Slip WV./S Original 9.03.04, Revised 1.26.05, Revised 2.24.05
MEMORANDUM
Date:
March 27,2007
To:
Scott Teach
Assistant County Attorney
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
SIB Application for 1-75/Immokalee Loop Road
Enclosed please find one copy of the document as referenced above,
(Agenda Items #10E), adopted by the Board of County Commissioners
on Tuesday, February 21, 2007.
The original is being kept in our office for the official record.
If you should have any questions, please contact me
774-8411.
Thank you.
lOE
-\\
'='" \-
lOE
CHARLIE CRIST
GOVERNOR
Florida Department of Transportation
March 21, 2007
STEPHANIE KOPELOUSOS
INTERIM SECRETARV
Mr. Donald Scott, AICP,
Director Transportation Planning
Collier County
2885 South Horseshoe Drive
Naples, Florida 34104
Re: Executed locally funded agreement (LF A) and amendment to LF A for
1-75 @ Immokalee overpass interchange improvement
(FM# 42065515201)
Dear Mr. Scott:
Enclosed are two (2) fully executed Locally Funded Agreement and two (2) executed
amendment to Locally funded agreement originals for your record on above referenced project.
Memorandum of Agreement (MOA) has been sent to Tallahassee for execution by our
Comptroller's Office and Department of Financial Services. Two (2) Executed MONs will be
forwarded to County soon.
Please deposit $4,521,450.00 due in Comptroller's office upon execution of this agreement as
required under paragraph D. of Amendment to locally funded agreement. Wire transfer
instructions attached if funds will be deposited via wire transfer rather than check.
If you have any questions, please feel free to contact me at (239) 461-4300.
Sincerely,
aren A. Miracola
istrict LF AlJP A Coordinator
Enclosure
Cc: Kay Luongo, Grants Coordinator
Charmaine Small, LF A Accountant, MS-42B
Bill Jones, Project Manager, MS 1-40
District One, Southwest Area Office
2295 Victoria Avenue * Post Office Box 1030 * Fort Myers, FL 33902-1030
(239) 461-4300 * (239) 338-2353 (Fax) * MS 1-98
\V\VW .dot.state. n.us
FM # 420655 1 52 01
COLLIER COUNTY
FIRST AMENDMENT TO
LOCALLY FUNDED LUMP SUM AGREEMENT
BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND COLLIER COUNTY
FOR 1-75 @ IMMOKALEE OVERPASS INTERCHANGE IMPROVMENT
lOE
When signed by COLLIER COUNTY (hereinafter, "COUNTY") and the STATE OF
FLORIDA, DEPARTMENT OF TRANSPORTATION (hereinafter, "DEPARTMENT") in the
places provided below, the following shall constitute the I sl AMENDMENT to the LOCALLY
FUNDED LUMP SUM AGREEMENT BETWEEN THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY FOR 1-75 @
IMMOKALEE OVERPASS INTERCHANGE IMPROVEMENT for PM # 420655 I 52
(hereinafter, "AGREEMENT").
A. All expressions used herein, unless herein separately defined, shall have the same meaning
herein as in the Agreement.
B. Except as expressly or by necessary implication modified hereby, all provisions of the
Agreement shall remain in full force and effect in accordance with their terms but in the
event of any inconsistency(ies) between the provisions of the Agreement and the provisions
hereof, the latter shall prevail.
C. The following WHEREAS clauses are added after the 2nd WHEAREAS clause in the original
AGREEMENT:
a. WHEREAS, this Agreement is sanctioned pursuant to Florida Statutes 334.044 and
339.12(2005), and the COUNTY has authority to enter into this Agreement and fund the
COUNTY'S portion of the PROJECT costs, as agreed herein, which shall be incurred by
the DEPARTMENT;
b. WHEREAS, in order for the COUNTY to contribute to the construction costs funding
portion the DEPARTMENT and the COUNTY have entered into a STATE
INFRASTRUCTURE BANK LOAN AGREEMENT (hereinafter, "SIB LOAN"); and
c. WHEREAS, the COUNTY wishes to assign to the DEPARTMENT all invoicing and
payment rights under the SIB LOAN for construction performed by the DEPARTMENT
as it relates solely to the DEPARTMENT'S partial recovery of construction costs funding
portion of the PROJECT; and
d. WHEREAS, a Lump Sum Locally Funded Agreement is needed and required to define
the specific contributions to be made by each party, and to clarify that regardless of the
ultimate cost of the PROJECT and regardless of the ultimate cost of the 1-75 @
Immokalee Overpass Interchange of the PROJECT, the COUNTY's contribution
hereunder is limited to (a) the sum of SIXTEEN MILLION FIVE HUNDRED
TWENTY-ONE THOUSAND FOUR HUNDRED FIFfY DOLLARS ($16,521,450.00);
and
D. Paragraph a in section I of the original AGREEMENT is deleted in its entirety and replaced
..
FM # 420655 1 52 01
1" AMENDMENT TO LFA w/COLLIER COUNTY
Page 2 of3
? J~ t-
el
,-
with the following:
a. The COUNTY agrees to a non-refundable lump sum payment to the Department in
the amount of SIXTEEN MILLION FIVE HUNDRED TWENTY-ONE
THOUSAND FOUR HUNDRED FIFTY DOLLARS ($16,521,450.00) as full
payment for the cost of the 1-75 @ Immokalee Overpass Interchange Improvement
project PM No. (420655 1 5201) to be paid to the DEPARTMENT. Payment of the
lump sum shall consist of two parts: a TWELVE MILLION DOLLARS
($12,000,000,.00) loan reassignment as detailed below and an escrow account deposit
payment of FOUR MILLION FIVE HUNDRED TWENTY-ONE THOUSAND
FOUR HUNDRED FIFTY DOLLARS ($4,521,450.00) as detailed in paragraphs b
and c below:
(I) Upon execution of the State Infrastructure Bank Loan (hereinafter, "SIB LOAN") for
TWELVE MILLION DOLLARS ($12,000,000,.00) between the COUNTY and the
DEPARTMENT, the COUNTY shall assign all of its rights to the proceeds of the SIB
LOAN and assigns and transfers to the DEPARTMENT the right to receive all
disbursements of the SIB LOAN in accordance with the terms of the SIB LOAN
Agreement The COUNTY shall submit whatever forms and documents are
reasonably required by the DEPARTMENT in order to effect the release of said
proceeds of the SIB LOAN. The DEPARTMENT shall provide a copy of all such
forms and documents to the COUNTY. The SIB LOAN agreement is hereby
incorporated into this agreement upon execution ofthe SIB LOAN
(2) The COUNTY shall assign to the DEPARTMENT all invoicing and payment rights
under the SIB LOAN for construction performed by the DEPARTMENT as it relates
solely to the DEPARTMENT'S partial recovery of construction costs funding portion
ofthe PROJECT.
E. Paragraph b in section I of the original AGREEMENT is deleted in its entirety and replaced
with the following:
b. The remaining sum of FOUR MILLION FIVE HUNDRED TWENTY -ONE
THOUSAND FOUR HUNDRED FIFTY DOLLARS ($4,521,450.00) shall be
deposited by the COUNTY into an interest bearing escrow account (hereinafter,
"ESCROW ACCOUNT") in the name of the Florida Department of Transportation
with the Department of Financial Services, Division of Treasury and in accordance
with the terms and conditions of the Memorandum of Agreement (hereinafter,
"MOA") executed by the DEPARTMENT, the COUNTY and the Department of
Financial Services. The MOA is incorporated into and made part of this Agreement.
F. Paragraph c in section I of the original AGREEMENT is deleted in its entirety and replaced
with the following:
c. Interest from the ESCROW ACCOUNT shall be left in the account to cover future
funding needs for completion of the PROJECT.
ACKNOWLEDGED AND AGREED TO:
, -
. Y ........
FM # 420655 1 52 01
1" AMENDMENT TO LFA w/COLLIER COUNTY
Page 3 of3
~
,. '
,
,.
COLLlERCOUNTY, FLORIDA
#~
Date
TITLE: Chairman,
Collier County Board of Commissioners
Print Name:
Date
James Coletta
Collier cou;n Legal Review:
By: ~ L ~ 3}J W/) 7
I Date
ATTEST
STATE OF FLORIDA DEPARTMENT OF TRANSPORT A TION
1-lt <- /'
EXEC SECRETARY (Seal)
, \\lr\JI~1 A
Print Name
) ./
!("hy) .-j'.)l l'1
Date
Availability of Funds Approval:
By
Date
By: k
DISTRICT SECRETARY OR DESIGNEE
DISTRICT ONE
fYl.c ~ '^t I G. ewe.
Print Name
~/10J~1
Date
:la:~s.. Legal Review: _
y r.::'~< (lirwmr 320 -,) 1-
I . D~
IDE
RESOLUTION NO. 2007 _ 49
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, IN SUPPORT OF ENTERING INTO THE
STATE INFRASTRUCTURE BANK LOAN AGREEMENT AND THE
AMENDED LUMP SUM AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION FOR THE I-75/IMMOKALEE
ROAD INTERCHANGE LOOP PROJECT
WHEREAS, the 1-75/lmmokalee Road interchange experiences extensive delays at its
current design; ansl
WHEREAS, the implementation of the 1-75/lmmokalee Road Interchange Loop
improvements will help alleviate existing and future congestion at this interchange providing for
a free flow eastbound Immokalee to northbound 1-75 movement as well as six through lanes on
Immokalee Road under 1-75; and
WHEREAS, the Collier County Board of County Commissioners are interested in seeing
the 1-75/Immokalee Road Interchange Project move forward as part of the 1-75 six lane
improvement project; and
WHEREAS, the Board finds that it is in the public interest for the County to enter into
the State Infrastructure Bank Loan agreement and the amended Lump Sum Agreement pursuant
to the terms and conditions contained in those agreements;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that;
The Board of County Commissioners approve the State Infrastructure Bank Loan
Agreement and the Amended Locally Funded Agreement with the Florida Department of
Transportation and authorizes its Chairman, James Coletta, to execute both Agreements.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring
same, this 27th day of February, 2007.
ArrEST: ,
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
/1 --
/.
~: ~ ~o<.
Att.st ut CI\. .... wcrlerk
It~ 0111-
By:
Jame
Approved as to form and legal sufficiency:
~))t??jJ
Scott Teach
Assistant County Attorney
lOE
RESOLUTION NO. 2007 _ 49
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, IN SUPPORT OF ENTERING INTO THE
ST A TE INFRASTRUCTURE BANK LOAN AGREEMENT AND THE
AMENDED LUMP SUM AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION FOR THE I-7SIIMMOKALEE
ROAD INTERCHANGE LOOP PROJECT
WHEREAS, the I-75/Immokalee Road interchange experiences extensive delays at its
current design; and
WHEREAS, the implementation of the I-75/Immokalee Road Interchange Loop
improvements will help alleviate existing and future congestion at this interchange providing for
a free flow eastbound Immokalee to northbound 1-75 movement as well as six through lanes on
Immokalee Road under 1-75; and
WHEREAS, the Collier County Board of County Commissioners are interested in seeing
the 1-75/Immokalee Road Interchange Project move forward as part of the 1-75 six lane
improvement project; and
WHEREAS, the Board finds that it is in the public interest for the County to enter into
the State Infrastructure Bank Loan agreement and the amended Lump Sum Agreement pursuant
to the terms and conditions contained in those agreements;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that;
The Board of County Commissioners approve the State Infrastructure Bank Loan
Agreement and the Amended Locally Funded Agreement with the Florida Department of
Transportation and authorizes its Chairman, James Coletta, to execute both Agreements.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring
same, this 27th day of February, 2007.
," .:<
ATTEST: \
DWIGHT E. BROCK, Clerk
, '
BOARD OF COUNTY COMMISSIONERS
OF COLLIE~ C~FLORIDA
BY~ ~
J ames Coletta, Chairman
'''' l1Lt ' " ".,',
~~.'..,~~
. . .' . ' ., eputy Clerk
AtteSt at,",~ 1nu~ ~
si~at"" · qt'l v' "
and legal sufficiency:
cott Teach
Assistant County Attorney
Item# to ~
~~~;da J-,..-o ro l
Date ~--15 1)1"
Reed
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 10
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE . E
Print on pink paper. Attach tu original document Origmal documents shuuld he hand delivered 10 the Board Ollice. The completed routing slip and anginal
documents are to he filr\varded to the Board Office only after the Uoard has taken actioll on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate fix additional signatures, dates, and/or infixmation needed. Iflhe document is already complete with the
. . h Ch . ,. d I I h . I # I I h #4 I h h kl d '
exceptIon of t e airman S signature, raw a me 11fOUgl routmg mes tlro~ . compete! ec CC-lst.an forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(J -is1 in routing order)
L
2,
3,
4,
5,
6, Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is thc person who created/prepared thc executive
summary. Primary contact intormation is needcd in the event one oCthe addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signature arc to be delivered to the Bee office only after the Bee has acted to approve the
itcm.)
Name of Primary Staff Donald L Scott Phone Number 213-5831
Contact
Agenda Date Item was February 27, 2007 Agenda Item Number JOE
Approved by the BCC
Type of Document SIB - Loan Agreement Number of Original Three (3)
Attached Documents Attached
L
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a pro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters. must be reviewed and signed
by the Office of the County Attorney, This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc, that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials,)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne Jotiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bee's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on Februarv 27. 2007 (enter date) and all
changes made during the meeting have been incorporated in the attached document.
The Count Attorne 's Office has reviewed the chao es. if a licable.
Yes
(Initial)
DLS
N/A(Not
Ap licable)
2,
3,
4,
5,
6,
5J&r
DLS
DLS
DLS
DLS
I: Forms/ County Forms! BCC I"onns! Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05
MEMORANDUM
Date:
April 2, 2007
To:
Scott Teach
Assistant County Attorney
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
SIB Application for I-75/Immokalee Loop Road
Enclosed please find one (1) certified copy of the document as
referenced above, (Agenda Items #10E), adopted by the Board of
County Commissioners on Tuesday, February 27, 2007.
The original is being kept in our office for the official record,
If you should have any questions, please contact me
774-841 L
Thank you.
10 r0-
C
MEMORANDUM
Date: April 2, 2007
To: Jean Marcella, Administration
Transportation Planning
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: SIB - Loan Agreement
Enclosed please find one (1) Certified copy ofthe original
document as referenced above, Agenda Item #10E, approved by the
Board of County Commissioners on Tuesday, February 27, 2007.
If you should have any questions, please contact Minutes & Records
at 774-8411.
Thank you.
Enclosure
10 E
10 E
MEMORANDUM
To:
Minutes & Records
From:
Jeanne Marcella
Transportation Planning
Date:
March 30, 2007
SUBJECT:
State Infrastructure Bank Loan Agreement (SIB)
Enclosed are three (3) original documents of the State Infrastructure Bank Loan
Agreement This item was approved by the BCC on 2/27/07 Agenda Item # IDE,
Please retain an original for your files and return two (2) file stamped copies to be
distributed as follows: Send one (I) to Collier County Attorney, Scott Teach, and one (I)
to me, Jeanne Marcella. Thank you,
10 E
RECEIVED
MAR 29 2007
.......~ 'Jennifer G Weeks /CO/FDOT
FDOT
0..' 03/28/200710:00 AM
leeo.
'&:i.tlll'lG"~
To donaldscott@colliergov,net, Johnny ll'anaportatlon Strv/e" OIvlalOll
Limbaugh/D1/FDOT@FDOT
cc teachscoll@colliergov,net, -Michael G
Rippe/D1/FDOT@FDOT, lamaLtaylor@sbafla,com, Robert
M Burdick/CO/FDOT@FDOT, Gene
bcc
Subject Executed SIB Loan Agreement-I-75/1mmokalee Road
Attached please find the executed agreement for the 1-75/1mmokalee Road project
Don - - I have put three originals in the mail addressed to your attention,
Johnny - - I have put one original in the mail addressed to your attention,
Thank you all for your cooperation on this agreement If you have any questions, please let me
know!
~..
;''-,
::!iIIl
1,75lmmokalee Road E.ecuted SIB LoanAgreementpdl
Jennifer G, Weeks, CPM
Florida Department of Transportation
Office of Financial Development - Project Finance
State Infrastructure Bank (SIB) Program Manager
605 Suwannee Street, MS #7
Tallahassee, Florida 32399-0450
PHONE: (850) 414-4459
FAX: (850) 414-4943
jen n iferg, weeks@dotstate,f1,us
10 r:
,
",
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
AND
COLLIER COUNTY, FLORIDA
STATE-FUNDED
STATE INFRASTRUCTURE BANK
LOAN AGREEMENT
Catalog of State Financial Assistance (CSF A): 55.020
Contract Nnmber: ~ IF 59
Financial Project Number: 420655-2-58-01
--------
State of Florida Department of Transportation
605 Suwannee Street
Tallahassee, Florida 32399-0450
STATE INFRASTRUCTURE BANK LOAN AGREEMENT
10 F
,~
CONTENTS
PAGE
ARTICLE I - DEFINITIONS, ,,,,, """ """",,,,,,,, """,,,,,,,,,,,,,,,,,,,,, '" """""" "", ",,,,,,,,,,,,,,, """",,,, "",,,,,,,,,,,2
1,01, WORDS AND TERMS, ''''',,'''''''''' ",,, """""""""",,,,, """""""",,,,,,,,,, ", " " "" " """"",,, ,,,,,,,, 2
1,02, CORRELATIVE WORDS, ",,, """ "",,, """""""" "",,,,,, "" """"",,, " """""",,,,,,, ""., "',,,,,,, ,,,,3
ARTICLE II - WARRANTIES, REPRESENTATIONS AND COVENANTS """""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,4
2,01, GENERAL WARRANTIES, REPRESENTATIONS AND COVENANTS,,,,,,,,,,,,,,,,,,,,,,,,,,, 4
2,02, TAX WARRANTIES, REPRESENTATIONS AND COVENANTS, """"""",,,,,,,,,,,,,,,,,,,,,, 5
2,03, LEGAL AUTHORIZATION,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,",,,,,,,,,,,,,,,,,,,,,9
2,04, AUDIT AND MONITORING REQUIREMENTS, ",,,,, """ " " " " " " " """""""""",,, "''''''''''' 10
ARTICLE III - LOAN REPAYMENT ACCOUNTS """""""'""""""""""""""""""""""""""""", ",,'" 12
3,01, LOAN REPAYMENT ACOUNT. """'''''''''''''''""""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 12
ARTICLE IV - THE PROJECT """"".""""""""""""""."""""""""""""""""""""""""""""""",,"""" 12
4,01, PROJECT CHANGES, """",,,,,,,,,,,,,,,,,,,,,,,,"',,,, "", " " " '" """""""""", "",,,,,,,,, ", "" " " " ,,,,,,, 12
4,02, PERMITS AND APPROV ALS""""""""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 12
4,03, PROJECT SCHEDULE AND INDEBTEDNESS, ''''''''''''""""""""""""""",,,,,,,,,,,,,,,,.,,,,, 13
4,04, OFFICIAL INTENT, "''''''''''''''''''''''''''''",,,,,,''',,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,"""", "" " " 13
ARTICLE V - RATE COVENANTS AND USE OF TRANSPORTATION SYSTEM """,,,,,,,,,,,,,,,,,,," 13
5,01, COVENANT NOT TO IMPAIR LIEN, """""""""""""",,,,,,,,,,,,,,,,, " """ " " " ".",,, "" " """" 13
5,02, NO FREE SERVICE, """",,,,,,,,,,,,,,,,,,,,,, """,,, "" ",,"'" ",,, ''',,'' """, " " ", ", " " "" " "" "'" ,,,.,,,,, 13
5,Q3, COLLECTION OF PLEDGED REVENUES ."""""""""""""""""""""""""""""""",,,,,,,,13
ARTICLE VI - DEFAULTS AND REMEDIES""""""""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,",,13
6,01, EVENTS OF DEFAULT.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,""""" 13
6,02, REMEDIES, """ """"""""""""", ", ,,,, ,., ,,,,,,,,,, ", "", ",,,,,,, "" ", """", """""" "" """,,,,,,, ", "", 14
6,03, REMEDIES NOT EXCLUSIVE; DELAY AND WANER """,,,,,,,,,,,""""""",,,",,"""" ", 15
ARTICLE VII - THE PLEDGED REVENUES.""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 15
7,01, SUPERIORITY OF THE PLEDGE TO THE DEPARTMENT."""",,,,,,,,,,,,,,,.,,,,,,,,,,,,,,,,,,,, 15
7,02, ADDITIONAL DEBT OBLIGATIONS, """.",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,16
ARTICLE VIII - GENERAL PROVISIONS,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,""""""",,,16
8,01, DISCHARGE OF OBLIGATIONS,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 16
8,02, RESERVED, ,,,,,,,,,,,,,,,, """ """"" ", ", ,,,, "',,,, ", "" """"""" """, """", """"""",,,,,,, ", ,,,,,,, """ 16
8,Q3, ASSIGNMENT OF RIGHTS UNDER AGREEMENT, """""""""""""",,,,,,,,,,,,,,,,.,,,,,,,,,,, 16
8,04, AMENDMENT OF AGREEMENT"""",,,,,,,,,,,,,,,,,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 17
8,05, ANNULMENT OF AGREEMENT. """..,""""""""""",,,,,,,,,,,,,,,,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 17
8,06,
8,Q7,
8,08,
SUSPENSION AND TERMINATION, """""""", """ " " " " " " "" " " " " " " "",," " " " """ ", " " ", 17
SEVERABILITY CLAUSE. """""''''",'''''''''''''''"""""""""""""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,,, 17
APPROPRIATION, , ,,,,,, "",,,,,, "" "" ", "" ", ", """, "",,,,,,,,,,,,, ,,,, """"""""""""" "" ",,,, ""'"", 18
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ARTICLE IX -INSURANCE '''''''''''''''''''''''''''''''",''''"""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,"""""""""" 18
ARTICLE X - DETAILS OF FINANCING"""""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,18
10,01. PRlNCIPAL AMOUNT OF LOAN, """""""""""'''''''""""""""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 18
10,Q2, FINANCING RATE, """",,,,,,,,,,,,,,,,, ""'" """ """",,, """ " " " " """"", "" """ " " " ", """ """"", 19
1 0,Q3, LOAN DISBURSEMENTS" ",,,,,,, ,,,,,,,,,, "" ",,,,,,,, "" """"" """"",,,,,,,,, """,,,,,,,,, ,,,,,,,,,, ,,, "" 19
1 0,04, LOAN PAYMENTS, """",,,,,,,,,,,,,,,,,,,,"""',, ",,""" " " """ " """ """" " " ",",,"" " " " " ''',,'',,,,,,, 20
ARTICLE XI - MISCELLANEOUS "",," ,,,, '''" """", """"",,,,,,,,,,,,,,,,,,,,, ",,,,,,,,,,,, ",," ",,,,,, """", '" "" "".20
11.01. THIRD PARTY AGREEMENTS "'''''",''''''''''''''''''''''''''"""""""""""""'''""""",,,,,,,,,,,,,,, 20
11.02, COMPLIANCE WITH CONSULTANT'S COMPETITIVE NEGOTIATON ACT,,,,,,,,,,,,, 20
11 ,03, DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY AND OBLIGATION ",20
11,04, DISCRIMINATORY VENDOR, ",,,,,,,,,,,,,,,,,,, "","""",,,,,,,,,,,,,,,,,,,,,,,,,, """""""",,,, """, "" 21
11,05, EQUAL EMPLOYMENT OPPORTIJNITY,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 21
11,06, PROHIBITED INTERESTS"""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,",,"",," 21
11,07, ENVIRONMENTAL POLLUTION,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,"" 22
11.08. NO OBLIGATION THIRD PARTIES""""""""""""""""""""""""""""""""""""""""", 22
11.09, WHEN RIGHTS AND REMEDIES NOT WAIVED """""""""""""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 22
11,10, BONUS OR COMMISSION""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, """"",, 22
1 L11, USE AND MAINTENANCE OF PROJECT, ",,"" """"'''''''''''''''''",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 22
11,12, INDEMNITY, """"""",,,,,, """", """",,, "" ", ", ""'""",,, ",," " " " " " " " " " " " "" " " """",,"''',,'''' 23
11.13, PLANS AND SPECIFICATIONS """''''''''''''''''''''''''''''''''"""""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,23
1 L14, PROJECT COMPLETION, AGENCY CERTIFICATION "'''''''''''''"""""""""""""""""" 23
11.15, 1HIRD PARTY BENEFICIARY""""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,"" 23
11,16, ENTIRE AGREEMENT""""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,""",,,,,,,,,,,,, 23
11, 17, NOTICES,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,"",,,,,,,,,,,,,, """,,,,,,,,,, 24
ARTICLE XII - EXECUTION OF AGREEMENT, """"""""""""""""""'''",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,25
EXHIBITS
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STATE-FUNDED
STATE INFRASTRUCTURE BANK LOAN AGREEMENT
THIS AGREEMENT is dated as of 1fJr1J./!J, ~ ZlCfJ. and is by and
between the STATE OF FLORIDA DEPARTMENT TRANSPORTATION (the
"Department") and COLLIER COUNTY, FLORIDA (the "Agency"), existing as a political
subdivision under the laws of the State of Florida,
WITNESSETH:
WHEREAS, pursuant to Section 339.55, Florida Statutes (the "State Act"), the
Department is authorized to make loans to governmental units and private entities to finance or
refinance the construction, reconstruction, and improvement of transportation facilities that are
on the State Highway System or that provide for increased mobility on the State's transportation
system or provide intermodal connectivity with airports, seaports, rail facilities, and other
transportation terminals; and
WHEREAS, in accordance with the provisions of the State Act, the Department has
responsibility for the performance of various activities in connection with such loans; and
WHEREAS, the Agency has made application for the financing of the Project (as
hereinafter defined), through a loan made under and pursuant to the State Act, and the
Department has determined that the Project meets all requirements for a loan and has agreed to
make a loan to the Agency for the financing of the Project as set forth in this Agreement (the
"Loan"); and
WHEREAS, in accordance with the provisions of Sections 215.57 - 215,83 (the "State
Bond Act") and that certain Resolution of the Division of Bond Finance of the State Board of
Administration of Florida (the "Division"), dated March 30, 2004, as supplemented and amended
from time to time (the "Resolution"), the Division is authorized to issue bonds (the "Bonds") on
behalf of the Department to fund loans pursuant to the State Act and to refund Bonds; and
WHEREAS, the Loan and all payments of principal and interest thereon, including
prepayments, and all proceeds thereof, have been or are intended to be pledged and assigned
under the Resolution as security for the payment of principal of, premium, if any, and interest on
the Bonds;
NOW, THEREFORE, in consideration of the Department making the loan to the Agency,
in the principal amount and pursuant to the covenants hereinafter set forth, and intending to be
legally bound by this Agreement, the Department and the Agency agree as follows:
ARTICLE I - DEFINITIONS
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1.01. WORDS AND TERMS,
In addition to the words and terms elsewhere defined in this Agreement, the following
words and terms shall have the meanings set forth below, Any terms used in this Agreement not
defined below or elsewhere herein shall have the definition given such term in the Agency's
Composite Gas Tax Revenue Bond Resolution No 2003-89, as amended, adopted February 25,
2003,
(I) "Agreement" or "Loan Agreement" shall mean this loan agreement and all
exhibits and schedules attached hereto,
(2) "Agreement Date" means the date first written above,
(3) "Applicable Tax-Exempt Bonds" shall mean Tax-Exempt Bonds, the proceeds of
which are allocated to the Loan,
(4) "Authorized Representative" shall mean the official or officials of the Agency
authorized by ordinance or resolution to sign documents associated with the Loan.
(5) "Bond Counsel Opinion" means an opinion signed by an attorney or firm of
attorneys, select.ed by the Division of Bond Finance, the Department or the designee of either, of
recognized standing and experience in the field of municipal bonds whose opinions are generally
accepted by purchasers of municipal bonds,
(6) "Capitalized Interest" shall mean a finance charge that accrues on Loan proceeds
from the time of disbursement Capitalized Interest is financed as part of the Loan principal.
(7) "Code" shall mean the Internal Revenue Code of 1986, the Treasury Regulations
(whether temporary or final) under that Code or the statutory predecessor of that Code, and any
amendments of or successor provisions to, the foregoing and any official rulings,
announcements, notices, procedures and judicial determinations regarding any of the foregoing,
all as and to the extent applicable.
(8) "Constitutional Gas Tax" means the two-cent fuel tax imposed pursuant to Article
XII, Section 9(c), Florida Constitution, and Sections 206.41 and 206.47, Florida Statutes,
(9) "Defeasance Obligations" means, to the extent permitted by law, direct non-
callable obligations of, or obligations the principal of and interest on which are unconditionally
guaranteed by, the United States of America, including obligations issued or held in book entry
form on the books of the Department of the Treasury of the United States and including advance
refunded tax-exempt bonds fully secured by non-callable direct obligations of the United States
of America, non-callable obligations guaranteed by the United States of America, or "stripped"
interest payment obligations of debt obligations of the Resolution Funding Corporation,
(10) "Financing Rate" shall mean the charges, expressed as a percent per annum,
imposed on the unpaid principal of the Loan as set forth herein,
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(11) "Five Cents Local Option Gas Tax" means the first 5-cents of the local option gas
tax levied and received by the Agency pursuant to Section 336,025(1)(b), Florida Statutes, plus,
to the extent provided by a supplement to this Loan Agreement, any additional local option gas
tax received by the Agency pursuant to Section 336,025(1)(b), Florida Statutes, and pledged by
the Agency pursuant to such supplement
(12) "Gas Tax Ordinances" means the ordinances enacted from time to time by the
Agency which impose the gas taxes included in the definition of Pledged Revenues, including
but not limited to, Ordinance No, 80-50 of the Agency, enacted on Jlll1e 3, 1980; Ordinance No,
80-51 of the Agency, enacted on Jlll1e 3, 1980; Ordinance No, 99-40 of the Agency, enacted on
May 25, 1999; Ordinance No, 93-48 of the Agency, enacted on August 3-1993, as amended by
Ordinance No, 2001-26 of the Agency, enacted on May 8, 2001; each as amended and
supplemented from time to time,
(13) "Gas Tax Revenues" means the moneys received by the Agency from the
proceeds of the following non ad-valorem taxes: the Seventh Cent Gas Tax, the Ninth Cent Gas
Tax, the Five Cents Local Option Gas Tax, the Six Cents Local Option Gas Tax, the
Constitutional Gas Tax and any other gas tax imposed and/or received by the Agency which is
specifically pledged herelll1der by the Agency pursuant to a supplement to this Loan Agreement.
(14) "Impact Fees" means all the Agency's impact fees imposed pursuant to the
Agency's Impact Fee Ordinance at Chapter 74 of the Code of Laws and Ordinances of Collier
COlll1ty, Florida at the rates imposed by Schedule One relating to Road Impact Fee Rates,
(15) "Loan" shall mean the loan made to the Agency pursuant to this Agreement and
. the State Act in the initial principal amolll1t of $12,000,000,
(16) "Loan Application" shall mean the completed form which provides all
information required to support obtaining the Loan,
(17) "Loan Payment" shall mean the periodic loan payment due from the Agency,
(18) "Ninth Cent Gas Tax" means the tax of one-cent per gallon on motor fuel and
special fuel imposed by the Agency pursuant to Section 336,021, Florida Statutes, approved at a
countywide referendum on March 11, 1980, and taxed and collected Ill1der Chapter 206, Florida
Statutes as provided by the Gas Tax Ordinances,
(19) "Parity Obligations" mean the Collier County, Florida Gas Tax Revenue Bonds,
Series 2003; the Collier COlll1ty, Florida Gas Tax Revenue Bonds, Series 2005 and any
Additional Bonds (as defined in the Revenue Bond Resolution) issued on a parity therewith
pursuant to the terms of the Revenue Bond Resolution and Article VII herein,
Fees,
(20) "Pledged Revenues" shall mean (A) the Gas Tax Revenues and (B) the Impact
(21) "Project" shall mean the state capital outlay project fmanced by this Loan,
consisting of all labor, materials, and equipment to construct the eastbound Inunokalee to 1-75
northbolll1d loop and four to six lane widening on Inunokalee Road within the limited access
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right of way under the 1-75 overpass known as the Immokalee/I-75 Loop project and as more
fully described in the Loan Application, in accordance with applicable law and the summary
specifications included in Exhibit D, for the following contracts:
Immokalee/I-75 Loop project The Project is in agreement with the planning
documentation accepted by the Department effective March 2006 and the documentation is
attached in Exhibit D.
(22) "Revenue Bond Resolution" means the Agency's Composite Gas Tax revenue
Bond Resolution No 2003-89, as amended, adopted February 25, 2003,
(23) "Senior Revnue Obligations" means the the following debt obligations:
(a) $96,255,000 Collier County, Florida Gas Tax Revenue Bonds, Series 2005;
(b) $102,125,000 Collier County, Florida Gas Tax Revenue Bonds, Series 2003;
(c) Additional obligations issued pursuant to Section 7.02 herein with a lien on the
Gas Tax Revenues that is senior to the lien of this Loan Agreement on the Gas Tax Revenues;
and
(d) Any refunding obligations issued to refund the obligations identified above,
provided that for each fiscal year during the remaining repayment period of this Loan, the debt
service payments on such refunding obligations shall not exceed the debt service payments that
would have been due on the refunded obligations but for the refunding.
(24) "Seventh Cent Gas Tax" means the tax of one cent per gallon on motor fuel levied
by Section 206,60, Florida Statutes, and special fuel levied by Section 206,87, Florida Statutes,
and allocated to Agency pursuant to the provisions of subsection (1)(b) of said Section 206,60
and subsection (2) of Section 206,875, Florida Statutes,
(25) "Six Cents Local Option Gas Tax" means the first 6-cents of the local option gas
tax levied and received by the Agency pursuant to Section 336,025(1)(a), Florida Statutes, plus,
to the extent provided by a supplement to this Loan Agreement, any additional local option gas
tax received by the Agency pursuant to Section 336.025(1)(a), Florida Statutes, and pledged by
the Agency pursuant to such supplement
(26) "State" means the State of Florida,
(27) "State Fiscal Year" shall mean the period commencing on July I of each year and
ending on June 30 of the succeeding year,
(28) "State Infrastructure Bank" or "SIB" means the State-funded State Infrastructure
Bank created pursuant to Section 339,55, Florida Statutes,
(29) "Tax-Exempt Bonds" means Bonds the interest on which is intended on their date
of issuance to be excludable from gross income of the holders thereof for federal income tax
purposes,
4
. ..... --- --~-'-"--""~'_'"--_.,,-"._.,. ...----...--....-.,.---. "'-'"-'-'---"'---,.~
1,02. CORRELATIVE WORDS,
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Words of the masculine gender shall be understood to include correlative words of the
feminine and neuter genders. Unless the context shall otherwise indicate, the singular shall
include the plural and the word "person" shall include departments and associations, including
public bodies, as well as natural persons, Capitalized, undefined words herein shall have the
same meaning given to them in the Revenue Bond Resolution,
ARTICLE II - WARRANTIES, REPRESENTATIONS AND COVENANTS
2,01. GENERAL WARRANTIES, REPRESENTATIONS AND COVENANTS.
The Agency warrants, represents and covenants that:
(1) The Agency has full power and authority to enter into this Agreement and to
comply with the provisions hereof and shall initiate and prosecute to completion all proceedings
necessary to enable the Agency to provide the necessary funds for repayment of the Loan,
(2) The Agency currently is not the subject of bankruptcy, insolvency, or
reorganization proceedings and is not in default of, or otherwise subject to, any agreement or any
law, administrative regulation, judgment, decree, note, resolution, charter or ordinance which
would currently restrain or enjoin it from entering into, or complying with, this Agreement.
(3) There is no material action, suit, proceeding, inquiry or investigation, at law or in
equity, before any court or public body, pending or, to the best of the Agency's knowledge,
threatened, which seeks to restrain or enjoin the Agency from entering into or complying with
this Agreement, or which e~oins or seeks to enjoin the assessment, collection or transfer of the
Pledged Revenues.
(4) All permits, real property interests, and approvals required as of the date of this
Agreement have been obtained for construction and use of the Project. The Agency knows of no
reason why any future required permits or approvals are not obtainable,
(5) The Agency shall undertake the Project on its own responsibility, to the extent
permitted by law,
(6) To the extent permitted by law, the Agency shall release and hold harmless the
State, its agencies, the Department, and each of their respective officers, members, and
employees from any claim arising in cOl11lection with the Agency's actions or omissions in the
Agency's planning, engineering, administrative, and construction activities financed by the Loan
or its operation of the Project.
(7) All Agency representations to the Department, pursuant to the Loan Application
and this Agreement, were and are true and accurate as of the date the Loan Application and this
Agreement were each executed by the Agency. The financial information delivered by the
Agency to the Department was current and correct as of its date, Since the date of such financial
information, there has not been any material adverse change in the fmancial condition or
revenues and expenditures of the Agency, or in the collection of the Pledged Revenues, The
5
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Agency shall comply with all applicable State and Federal laws, rules, and regulations. To the
extent that any assurance, representation, or covenant requires a future action, the Agency shall
take such action as is necessary for compliance.
(8) The Agency shall adhere to accepted governmental accounting principles
established by the Governmental Accounting Standards Board. As part of its bookkeeping
system, the Agency shall keep accounts of the Project separate from all other accounts and it
shall keep accurate records of all expenditures relating to the Project, the Pledged Revenues and
Loan disbursement receipts.
(9) Pursuant to Section 216.347 of the Florida Statutes, the Agency shall not use the
Loan proceeds for the purpose of lobbying the Florida Legislature, the Judicial Branch, or a State
agency,
(10) The Agency agrees to construct and/or acquire the Project or cause the Project to
be constructed and/or acquired materially in accordance with the plans, specifications and time
schedules set forth or referenced in the Loan Application, Delays incident to strikes, riots, acts
of God, and other events beyond the reasonable control of the Agency are excepted. If for any
reason construction or acquisition is not completed as scheduled, there shall be no resulting
diminution or delay in the Loan Payment unless consented to by the Department in writing,
(II) The Agency covenants that this Agreement is entered into for the purpose of
constructing, acquiring, refunding, or refinancing the Project which will in all events serve a
public purpose, The Agency covenants that it will, under all conditions, complete and operate
the Project to fulfill the public need.
(12) The Agency shall submit to the Department such data, reports, records, contracts
and other documents relating to the Project as the Department may request in order to ascertain
the performance by the Agency of its obligations under this Agreement, The Department shall
have the right to conduct on-site monitoring visits and audits, and the Agency shall cooperate
and assist the Department in the reasonable inspection and audit of books, records, accounts, data
and other information related to the Project, and in copying and removing the same for such
purposes at all reasonable times, The Agency shall provide additional information as deemed
appropriate by the Department
(13) At such time as may be requested by the Department or the Division, the Agency
shall execute a Disclosure Agreement, the form of which is attached hereto as Exhibit E, and
shall furnish and certify to such information and execute and deliver and cause to be executed
and delivered such documents, certificates and opinions as the Department or the Division may
reasonably require in connection with the Bonds, including, without limitation, a tax certificate
in the form attached hereto as Exhibit F, Form 8038 and any continuing disclosure undertaking
necessary for the Department or the Division to satisfY the requirements of Securities and
Exchange Commission Rule 15c2-12,
(14) The Project is in agreement with the planning documentation accepted by the
Department effective April 2006 when the right-of-way for the loop project was conveyed to
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FDOT District One, The conceptual design for the project is included in Appendix D and the
project will be designed and constructed as part of the 1-75 designlbuild project
(15) The Agency shall not amend or supplement the Revenue Bond Resolution in any
manner that materially adversely affects the interest of the Department
(16) The Agency has the power and authority to pledge the Pledge Revenues to secure
the Agency's obligations under this Agreement The pledge of the Pledge Revenues contained
herein is valid, binding and enforceable, and except for the lien of the Senior Revenue
Obligations on the Gas Tax Revenues, there is no other lien on any portion of the Pledged
Revenues having a priority or parity status with the lien on the Pledged Revenues granted the
Department hereunder.
(17) The Project has been and will continue to be included in the Agency's five-year
CIE, and is a Project for which the use of the pledged Impact Fees either directly or to pay debt
service on related borrowings, is permitted under Chapter 74 of the Agency's Code of
Ordinances,
2.02, TAX WARRANTIES, REPRESENTATIONS AND COVENANTS,
The Agency acknowledges that the Department may issue Applicable Tax Exempt Bonds
and that the maintenance of the tax-exempt status of such Applicable Tax-Exempt Bonds will
depend, in part, on the Agency's compliance with the provisions of this Agreement
Accordingly, the Agency warrants, represents and covenants that;
(1) Notwithstanding any other provisions of this Agreement, including specifically
Section 2,02(8), if the Agency shall be notified by the Department or the Division as of any date
that any payment is required to be made to the United States Treasury in respect of Applicable
Tax-Exempt Bonds, and such payment is due to the failure of the Agency to comply with this
Agreement, the Agency shall pay to the Department or the State Board of Administration, as the
case may be, (for deposit to the appropriate Account or Subaccount established by the
Resolution) the amount specified in the notice by the Department or the Division,
(2) The Agency is a "governmental person" (as defined in Treasury Regulations
~L141-1(b)) (a "Governmental Unit") and it is legally authorized to expend its revenues for
purposes of the Project
(3) The Agency will not take any action or omit to take any action, which action or
omission will adversely affect the exclusion from gross income of the interest on the Applicable
Tax-Exempt Bonds for federal income tax purposes or cause the interest on the Applicable Tax-
Exempt Bonds, or any portion thereof, to become an item of tax preference for purposes of the
alternative minimum tax imposed on individuals and corporations under the Code, and in the
event of such action or omission, promptly upon having such brought to its attention, it will take
such reasonable actions based upon a Bond Counsel Opinion, obtained at the expense of the
Agency, as may rescind or otherwise negate such action or omission, The Agency will not,
directly or indirectly, use or permit the use of any proceeds of the Applicable Tax-Exempt Bonds
or any other funds of the Agency, or take or omit to take any action, that would cause the
Applicable Tax-Exempt Bonds to be or become "arbitrage bonds" within the meaning of Section
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148(a) of the Code or to fail to meet any other applicable requirement of Sections 141, 148, 149
and 150 of the Code or (except for Applicable Tax-Exempt Bonds which constitute Tax-Exempt
AMT Bonds, as defined in the Resolution) cause the interest on the Applicable Tax-Exempt
Bonds, or any portion thereof, to become an item of tax preference for purposes of the alternative
minimum tax imposed on individuals and corporations under the Code. To that end, the Agency
will comply with all requirements of Sections 141, 148, 149 and 150 of the Code to the extent
such provisions apply to the Applicable Tax-Exempt Bonds, In the event that at any time the
Department or the Division is of the opinion that it is necessary to restrict or limit the yield on
the inVestment of any moneys held by the Agency relating to the Applicable Tax-Exempt Bonds,
the Department or the Division shall so instruct the Agency in writing and the Agency shall so
restrict the yield.
(4) The Agency (or any "related party", as defined in Treasury Regulations S1.150-
I(b)) is prohibited from purchasing and shall not purchase any Applicable Tax-Exempt Bonds
other than purchases in the open market for the purpose of tendering them to the Division for
purchase and retirement,
(5) The Agency will take no action, nor will it permit or suffer any action or event,
which will cause any of the Applicable Tax-Exempt Bonds to be or become a "private activity
bond" within the meaning of the Code, To that end, the Agency will not permit more than 5% of
the Project or portion thereof financed with Tax-Exempt Bonds, including Applicable Tax-
Exempt Bonds, to be used for a Private Business Use, The term "Private Business Use" means
use directly or indirectly in a trade or business or any other activity carried on by any Private
Person other than use as a member of, and on the same basis as, the general public, The term
"Private Person" means any person other than a Governmental Unit. For this purpose, the United
States or any agency or instrumentality thereof is not a Governmental Unit and is therefore a
Private Person, For purposes of this paragraph (5), property is considered "used" by a Private
Person if;
(i) it is owned by, or leased, to such Private Person;
(ii) it is operated, managed or otherwise physically employed, utilized or
consumed by such Private Person, other than operation or management pursuant to an
agreement that meets the conditions described in paragraph (6) below;
(iii) capacity in or output service from such property is reserved or committed
to such Private Person under a take-or-pay, output, incentive payment or similar contract
or arrangement;
(iv) such property is used to provide service to (or such service is committed to
or reserved for) such Private Person on a basis or terms that are different from the basis
or terms on which such service is provided (or committed or reserved) to members of the
public generally (except possibly for the amount of use and any corresponding rate
adjustment);
(v) such Private Person is a developer and a significant amount of the Project
financed with proceeds of Tax-Exempt Bonds serves only a limited area substantially all
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of which is owned by such Private Person, or a limited group of developers, unless such
improvement carries out an essential governmental function, such developer reasonably
expects to proceed with all reasonable speed to develop the improvement and property
benefited by that improvement, and the improvement is in fact transferred to a
Governmental Unit promptly after the property benefited by the improvement is
developed; or
(vi) substantial burdens and benefits of ownership of the Project fmanced with
proceeds of Tax-Exempt Bonds are otherwise effectively transferred to such Private
Person,
(6) Use of Bond-Financed Property.
(i) For purposes of this Agreement, the use by a Private Person of the Proj ect
financed with the proceeds of Tax-Exempt Bonds (the "Bond Financed Property")
pursuant to a Qualified Use Contract (as hereafter defined) shall not be treated as a
Private Business Use by such Private Person of such Bond-Financed Property or of funds
used to finance or refinance such Bond-Financed Property,
(ii) An arrangement under which services are to be provided by a Private
Person involving the use of all or any portion of, or any function of, the Bond-Financed
Property (for example, management services for an entire facility or a specific
department of a facility ("Use Contract")) is a "Qualified Use Contract" if it complies (as
determined by a Bond Counsel Opinion obtained at the Agency's expense) with the
provisions set forth in Revenue Procedure 97-13 or 97-14, as applicable, and as amended
or superceded by the Code, Regulations or additional administrative promulgation from
the Internal Revenue Service,
(iii) The Agency may treat a Use Contract that does not comply with the
criteria of subparagraph (6)(ii) as not resulting in Private Business Use of Bond-Financed
Property ifit delivers to the Department and the Division, at its expense, a Bond Counsel
Opinion to the effect that to do so would not adversely affect the exclusion from gross
income of interest on the Applicable Tax-Exempt Bonds or cause the interest on the
Applicable Tax-Exempt Bonds, or any portion thereof, to become an item of tax
preference for purposes of the alternative minimum tax imposed on individuals and
corporations under the Code,
(7) Notwithstanding any provision of this Section 2,02, if the Agency provides to the
Department and the Division a Bond Counsel Opinion, obtained at the Agency's expense, to the
effect that any action required under this Section is no longer required, or to the effect that some
further action is required, to maintain the exclusion from gross income of interest on the
Applicable Tax-Exempt Bonds pursuant to Section 103(a) of the Code, the Agency, the
Department and the Division may rely conclusively on such opinion in complying with the
provisions hereof, and the covenants hereunder shall be deemed to be modified to that extent
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(8) All tax warranties, representations, covenants and obligations of the Agenc~
contained in this Section 2.02 shall remain in effect and be binding upon the Agency until all of
the Applicable Tax-Exempt Bonds have been paid, notwithstanding any earlier termination of
this Agreement or any provision for payment of principal of and premium, if any, and interest on
the outstanding Applicable Tax-Exempt Bonds and release and discharge of the Resolution.
(9) The Agency may create an account (a "Loan Debt Service Account") for the
purpose of matching revenues to debt service on the loan. Any amounts deposited from time to
time in any such Loan Debt Service Account will be used to pay principal of or interest on the
Loan within 13 months after the amounts are so deposited,
(10) The Agency has not established and except as set forth above, does not expect to
establish or use any sinking fund, debt service fund, redemption fund, reserve or replacement
fund, or similar fund, or any other fund to pay principal of, interest and any redemption premium
on the Loan. Except for money referred to in paragraph (9) above, no other money or investment
property (including, without limitation, fixed income, equity and other investments) is or will be
pledged as collateral or used for the payment of such principal and interest (or for the
reimbursement of any others who may provide money to pay that principal and interest), or is or
will be restricted, dedicated, encumbered, or set aside in any way as to afford the Department or
holders of the Applicable Tax-Exempt Bonds reasonable assurance of the availability of such
money or investment property to pay debt service on the Loan or the Applicable Tax-Exempt
Bonds,
(11) Except as stated otherwise in this Agreement, no portion of the Loan will be used:
(i) to pay principal of or interest on, refund, renew, roll over, retire, or replace
any other obligations issued by or on behalf of the Department, the Agency or any other
Governmental Unit,
(ii) to replace any proceeds of another issue of tax -exempt bonds that were not
expended on the project for which such other issue was issued,
(iii) to replace any money that was or will be used directly or indirectly to
acquire investments,
(iv) to make a loan to any other person or Governmental Unit,
(v) to pay any working capital expenditure other than expenditures identified
in Treasury Regulations S lJ 48-6( d)(3 )(ii)(A) and (B) (i.e" issuance costs of the
Applicable Tax-Exempt Bonds, qualified administrative costs, reasonable charges for a
qualified guarantee or for a qualified hedge, interest on the Loan for a period
commencing on the issuance date of the Applicable Tax-Exempt Bonds and ending on
the date that is the later of three years from that issuance date or one year after the date on
which the Project was or will be placed in service, and costs, other than those already
described, that do not exceed 5% of the sale proceeds of the Applicable Tax-Exempt
Bonds and that are directly related to capital expenditures financed or deemed financed
by the Applicable Tax-Exempt Bonds), or
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(vi) to reimburse any expenditures made prior to the issuance date of the
Applicable Tax-Exempt Bonds except those that quality as a reimbursement of prior
capital expenditures, based upon a Bond Counsel Opinion, obtained at the Agency's
expense, delivered to the Department and the Division,
(12) The Agency does not intend to sell or otherwise dispose of its interest in the
Project or any portion thereof during the term of the Applicable Tax-Exempt Bonds except for
dispositions of property in the normal course at the end of such property's useful life to the
Agency. The Agency will not sell, assign ownership, or otherwise dispose of its interest in the
Project or specific rights to utilize any portion of its interest in the Project without the prior
consent of the Department and receipt by the Department of a Bond Counsel Opinion, obtained
at the Agency's expense, that such Agency action will not adversely impact the tax status of
Applicable Tax-Exempt Bonds,
(13) None of the Loan Payments shall be federally guaranteed within the meaning of
Section 149(b) of the Code,
(14) The term of the Loan does not exceed the expected useful life of the Project
2,03. LEGAL AUTHORIZATION.
Upon signing this Agreement, the Agency's legal counsel shall express the opinion,
subject to laws affecting the rights of creditors generally, that:
(I) This Agreement has been duly authorized by the Agency and shall constitute a
valid and legal obligation of the Agency enforceable in accordance with its terms upon execution
by both parties, subject to the laws pertaining to bankruptcy; and
(2) This Agreement specifies the legally available revenues pledged for repayment of
the Loan, and the pledge is valid and enforceable,
2.04. AUDIT AND MONITORING REQUIREMENTS,
The administration of resources awarded by the department to the Agency may be
subject to audits and/or monitoring by the department, as described in this section. For
further guidance, see the Executive Office of the Governor website, which can be found at:
www.fssa,state.flus,
Recipients of state funds (i.e, a non-state entity as defined by Section 215.97(2)(1),
Florida Statutes) are to have audits done annually using the following criteria:
In the event that the recipient expends a total amount of state financial assistance
equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have
a State single or project-specific audit for such fiscal year in accordance with Section 215,97,
Florida Statutes; applicable rules of the Executive Office of the Governor and the CFO; and
Chapters 10,550 (local governmental entities) or 10,650 (nonprofit and for-profit
organizations), Rules of the Auditor General. In determining the state fmancial assistance
expended in its fiscal year, the recipient shall consider all sources of state financial assistance,
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including state fmancial assistance received from the Department, other state agencies, and
other non-state entities. State financial assistance does not include Federal direct or pass-
through awards and resources received by a non-state entity for Federal program matching
requirements,
In connection with the audit requirements, the recipient shall ensure that the audit
complies with the requirements of Section 215.97(7), Florida Statutes. This includes
submission of a fmancial reporting package as defined by Section 215,97(2)(d), Florida
Statutes, and Chapters 10.550 (local governmental entities) or 10,650 (nonprofit and for-
profit organizations), Rules of the Auditor General.
If the recipient expends less than $500,000 in state fmancial assistance in its fiscal
year, an audit conducted in accordance with the provisions of Section 215,97, Florida
Statutes, is not required, In the event that the recipient expends less than $500,000 in state
financial assistance in its fiscal year and elects to have an audit conducted in accordance with
the provisions of Section 215,97, Florida Statutes, the cost of the audit must be paid from the
non-state entity's resources (i.e" the cost of such an audit must be paid from the recipient's
resources obtained from other than State entities),
State awards are to be identified using the Catalog of State Financial Assistance
(CSF A) title and number, award number and year, and name of the state agency awarding it
The recipient shall follow up and take corrective action on audit findings. Preparation
of a summary schedule of prior year audit findings, including corrective action and current
status of the audit findings is required, Current year audit fmdings require corrective action
and status of findings.
Records related to unresolved audit findings, appeals, or litigation shall be retained until the
action is completed or the dispute is resolved. Access to project records and audit work
papers shall be given to the FDOT, the Comptroller, and the Auditor General. This section
does not limit the authority of the Department to conduct or arrange for the conduct of
additional audits or evaluations of state fmancial assistance or limit the authority of any other
state official, Copies of financial reporting packages, reports, or management letters required
by this agreement shall be submitted by or on behalf of the recipient directly to following
offices:
Florida Department of Transportation
SIB Program Manager
Office of Financial Development
605 Suwannee Street, MS #7
Tallahassee, FL 32399-0450
Auditor General's Office
Room 401, Pepper Building
III West Madison Street
Tallahassee, Florida 32399-1450
Any reports, management letter, or other information required to be submitted to the
Department pursuant to this agreement shall be submitted timely in accordance with OMB
Circular A-B3, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10,650
(nonprofit and for-profit organizations), Rules of the Auditor General, as applicable,
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Recipients, when submitting financial reporting packages to the Department for
audits done in accordance with OMB Circular A-B3 or Chapters 10,550 (local governmental
entities) or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor General,
should indicate the date that the reporting package was delivered to the recipient in
correspondence accompanying the reporting package,
The submission requirement may be satisfied with the availability of the Financial Reporting
Package on the recipient's Internet Web site, in which case a hard copy will not be required. The
Department is to be notified when the Reporting Package is available, including the Internet
address.
Progress Reports. The Agency shall provide to the Department's Office of Financial
Development semi-annual progress reports on "program and fmancial activities" that occur each
year. The report will be signed or submitted electronically in accordance with Chapter 668,
Florida Statutes, by an individual authorized by the governing board of the Agency. The
following program information shall be included: program accomplishments (specific action
taken to implement approved objectives/activities) and percent of accomplishments for each in
terms of percentage completed; problems delaying implementation; and revised Project
schedules if activities are not conforming to approved Project schedules as contained in the
application, The following financial information shall be included: beginning fund balance;
amount of expenditures; ending fund balance; interest earned to date; and the amount and percent
of funds being contributed to the Project from other sources, The semi-annual progress report is
available on the SIB web site at www.dot.state.fl.us/fmancialplanning/fmance/sib.htm.
Records Rentention. The recipient shall retain sufficient records demonstrating its
compliance with the terms of this agreement for a period of at least five years from the date
the audit report is issued, and shall allow the Department, or its designee, the state CFO or
Auditor General access to such records upon request The recipient shall ensure that the
independent audit working papers are made available to the Department, or its designee, the
state CFO, or Auditor General upon request for a period of at least five years from the date
the audit report is issued, unless extended in writing by the Department
All costs charged to the Project, including any approved services contributed by the
Agency or others, shall be supported by properly executed payrolls, time records, invoices,
contracts, or vouchers evidencing in proper detail the nature and propriety of the charges,
Any check or order drawn by the Agency with respect to any item which is or will be
supported by the Loan must be supported with a properly signed voucher on file in the office of
the Agency stating in proper detail the purpose for which such check or order is drawn. All
checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining
in whole or in part to the Project shall be clearly identified, and readily accessible, and, to the
extent feasible, kept separate and apart from all other such documents.
Access to Project Site, The Agency shall provide access to Project sites and
administrative offices to authorized representatives of the Department at any reasonable time,
The Agency shall cause its engineers and contractors to cooperate during Project inspections,
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including making available working copies of plans and specifications and supplementary
materials,
ARTICLE III - LOAN REPAYMENT ACCOUNTS
3,01. LOAN REPAYMENT ACCOUNT,
The Agency may establish a Loan Repayment Account for the purpose of matching
Pledged Revenues to Loan Payments.
If at any time the Agency has advance notice that it will not be able to pay any Loan
Payment when due, the Agency shall immediately notifY the Department of such inability to
make the required payment,
ARTICLE IV - THE PROJECT
4,01. PROJECT CHANGES.
The Agency covenants and agrees that it will not change the scope of the Project or alter
the nature of the Project in any material fashion, or substitute any other project for the Project,
without the prior written approval of the Department
4,02. PERMITS AND APPROVALS,
The Agency or the owner of the Project shall have obtained, prior to the award of
construction contracts, all permits and approvals required for construction of the Project or
portion of the Project funded under this Agreement
4,03. PROJECT SCHEDULE AND INDEBTNESS.
The Agency agrees:
(I)
(2)
(3)
Exhibit B.
Initiation of Project construction/acquisition is anticipated to be April 2007,
Completion of Project construction/acquisition is anticipated to be April 2010,
The Loan Payments shall be due at the times and in the amounts set forth on
4,04 OFFICIAL INTENT.
This Loan Agreement, when executed by an authorized representative of the Agency,
shall constitute the Agency's official intent, within the meaning Treasury Regulation S 1.150-2,
to reimburse itself with proceeds of tax-exempt debt for obligations incurred with respect to the
Project
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ARTICLE V - RATE COVENANTS AND USE OF TRANSPORTATION SYSTEM
5.01. COVENANT NOT TO IMPAIR LIEN.
The pledging of the Pledged Revenues in the manner provided herein shall not be subject
to repeal, modification or impairment by any subsequent ordinance, resolution or other
proceedings of the governing body of the Agency, except as otherwise provided in the Revenue
Bond Resolution and herein.
5.02. NO FREE SERVICE.
To the extent the Pledged Revenues are derived from revenues that may be adjusted by
the Agency, the Agency shall not, except to the extent otherwise required by law or by a contract
entered into by the Agency prior to the Agreement Date hereof, permit access to property or
furnish any service that generates such revenues without making such charge therefore based on
the Agency's uniform schedule or rates, fees, and charges.
5.03. COLLECTION OF PLEDGED REVENUES.
The Agency covenants to do all things necessary on its part to maintain its eligibility to
receive the full amount of Pledged Revenues. The Agency will proceed diligently to perform
legally and effectively all steps required on its part in the levy and collection of Pledged
Revenues and shall exercise all legally available remedies to enforce such collections now or
hereafter available under State law.
ARTICLE VI - DEFAULTS AND REMEDIES
6.01. EVENTS OF DEFAULT.
Each of the following events is hereby declared an event of default:
(I) Failure to make any Loan Payment when it is due and such failure shall continue
for a period of 5 days.
(2) Any warranty, representation or other statement by, or on behalf of, the Agency
contained in this Agreement or in any document, certificate or information furnished III
compliance with, or in reference to, this Agreement, is determined to be false or misleading.
(3) An order or decree is entered, with the acquiescence of the Agency, appointing a
receiver for any part of the Project or the Pledged Revenues; or if such order or decree, having
been entered without the consent or acquiescence of the Agency, shall not be vacated or
discharged or stayed on appeal within 60 days after the entry thereof.
(4) Any proceeding is instituted, with the acquiescence of the Agency, for the
purpose of effecting a composition between the Agency and its creditors or for the purpose of
adjusting the claims of such creditors, pursuant to any federal or state statute now or hereafter
enacted, if the claims of such creditors are payable from Pledged Revenues.
IS
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(5) Any bankruptcy, insolvency or other similar proceeding is instituted by, or
against, the Agency under federal or state bankruptcy or insolvency law now or hereafter in
effect and, if instituted against the Agency, is not dismissed within 60 days after filing.
(6) Except as provided in Subsection 6.01(1), any failure to comply with the
provisions of this Agreement or failure in the performance or observance of any of the covenants
or actions required by this Agreement (a "General Non-compliance Default"), provided,
however, that if the Agency provides the Department with written notice of a General Non-
compliance Default within 30 days of the date of such General Non-compliance Default, then the
Agency shall have 60 days from the date of such General Non-compliance Default to cure such
General Non-compliance Default to the satisfaction of the Department in the Department's sole
and absolute discretion. If the Agency fails, within the time periods provided in the previous
sentence, to (i) provide written notice of a General Non-compliance Default, or (ii) cure the
General Non-compliance Default to the satisfaction of the Department in the Department's sole
and absolute discretion, then the Agency shall be deemed to be in default of this Agreement as of
the date of the General Non-compliance Default.
6.02. REMEDIES.
Upon any event of default, the Department or the Division may pursue any available
remedy at law or in equity, including:
(I) By mandamus or other proceeding at law or in equity, cause the Agency to remit
to the Department Pledged Revenues sufficient to enable the Agency to satisfy its obligations
under this Agreement.
(2) By action or suit in equity, require the Agency to account for all moneys received
pursuant to this Agreement and to account for the receipt, use, application, or disposition of the
Pledged Revenues.
(3) By action or suit in equity, enjoin any acts or things which may be unlawful or in
violation of the rights of the Department or the Division.
(4) By applying to a court of competent jurisdiction, cause the appointment of a
receiver to manage the Project, establish and collect fees and charges, and apply the revenues to
the reduction of the obligations under this Agreement.
(5) By certifying to the Auditor General and the Chief Financial Officer delinquency
on Loan repayments, the Department may provide for the payment to the Department of the
delinquent amount plus a penalty from any unobligated funds due to the Agency under any
revenue or tax sharing fund established by the State, except as otherwise provided by the State
Constitution. A penalty may be imposed in an amount not to exceed an interest rate of 18
percent per annum on the amount due in addition to charging the cost to handle and process the
debt.
(6) By notifying financial market credit rating agencies and potential creditors of the
event of default.
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(7) By suing for payment of amounts due, or becoming due, with interest on overdue
payments together with all costs of collection, including attorneys' fees.
(8) By accelerating the repayment schedule or increasing the Financing Rate on the
unpaid principal of the Loan to as much as 1.667 times the Financing Rate for a default under
Subsection 6.01(1).
In addition to pursuing one or more of the above remedies, upon an event of default, the
Department may, by providing 60 days advance written notice to the Agency, elect to terminate
this Agreement, and the Department shall have no further obligation or commitment under this
Agreement to the Agency. Any partial Loan Payments by the Agency shall be allocated first to
interest and second to principal.
6.03. REMEDIES NOT EXCLUSNE; DELAY AND WAIVER.
No remedy conferred upon or reserved to the Department by this Article is exclusive and
every such remedy shall be cumulative and shall be in addition to every other remedy. No delay
or omission by the Department to exercise any right or power accruing as a result of an event of
default shall impair any such right or power or shall be construed to be a waiver of any such
default or acquiescence therein, and every such right and power may be exercised as often as
may be deemed expedient. No waiver of any default under this Agreement shall extend to or
affect any subsequent event of default, whether of the same or different provision of this
Agreement, or shall impair consequent rights or remedies.
ARTICLE VII - THE PLEDGED REVENUES
7.01. PLEDGE OF THE PLEDGED REVENUES TO THE DEPARTMENT.
The Agency hereby pledges to the Department the Pledged Revenues. From and after the
Agreement Date, the Department shall have a lien on the Gas Tax Revenues, which will be prior
and superior to any other lien, pledge or assignment of such Gas Tax Revenues with the
following exception: All obligations of the Agency under this Agreement payable from Gas Tax
Revenues, but only to the extent payable from Gas Tax Revenues, shall be junior, inferior and
subordinate in all respects in right of payment and security to the Senior Revenue Obligations
defllled in Section 1.01 of this Agreement and to any additional Senior Revenue Obligations
issued pursuant to the Revenue Bond Resolution and in compliance with this Loan Agreement,
including specifically Section 7.02 below. The Agency's pledge of the Impact Fees pursuant to
this Loan Agreement is a first-lien pledge thereof. The Agency shall not issue any other
obligations, except under the conditions and in the manner provided in the Revenue Bond
Resolution and herein, payable from the Gas Tax Revenues (or any portion thereof) or
voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or other
charge having priority to or being on a parity with the lien thereon in favor of the Senior
Revenue Obligations and this Loan Agreement. The Agency shall not issue any other obligations,
except under the conditions and in the manner provided herein, payable from the Impact Fees (or
any portion thereof) or voluntarily create or cause to be created any debt, lien, pledge,
assignment, encumbrance or other charge having priority to or being on a parity with the lien
thereon in favor of this Loan Agreement. The Agency may at any time or from time to time
17
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issue evidences of indebtedness payable in whole or in part out of the Pledged Revenues and
which may be secured by a pledge of the Pledged Revenues (or portion thereof); provided,
however, that such pledge shall be, and shall be expressed to be, subordinate in all respects to the
pledge of the Pledged Revenues created by the Revenue Bond Resolution and this Loan
Agreement. The Agency agrees to pay promptly any subordinate indebtedness as the same shall
come due.
7.02. ADDITIONAL DEBT OBLIGATIONS
The Agency may issue Additional Bonds and Bond Anticipation Notes as defined in the
Revenue Bond Resolution, provided all the requirements of Section 5.02 and 5.03, respectively,
of the Revenue Bond Resolution are complied with and provided further that the Gas Tax
Revenues received during the period referenced in Section 5.02(A) of the Revenue Bond
Resolution that remain after deducting therefrom the Maximum Annual Debt Service on all
Senior Revenue Bonds Outstanding and proposed to be issued under the Revenue Bond
Resolution, along with the Impact Fees received during any 12 consecutive months out of the 24-
month period immediately preceding the anticipated issuance date of the Additional Bonds or
Bond Anticipation notes, as the case may be, are at least 1.10 times the greater of (i) the
maximum Loan Payment required under this Loan Agreement or (ii) the maximum annual debt
service requirement on this Loan Agreement and all other obligations of the Agency secured by
all or a portion of the Pledged Revenues on parity with this Loan Agreement.
The foregoing shall be provided to the Department in writing by an Authorized Issuer
Officer in draft form at least 30 days in advance of the anticipated issuance of the Additional
Bonds or Bond Anticipation Notes, as the case may be, followed up with a final statement
provided to the Department by an Authorized Issuer Officer no later than the date of issuance of
such Additional Bonds or Bond Anticipation Notes.
The Agency may ascend Subordinated Indebtedness, as defllled in the Revenue Bond Resolution
to status of complete parity with the Senior Revenue Obligations, provided that all the
requirements of Section 5.04 of the Revenue Bond Resolution are complied with and provided
further that the provisions of this Section 7.02 are complied with. Other than such Additional
Bonds, Bond Anticipation Notes and ascended Subordinated Indebtedness, no other debt of the
Agency having a parity or senior lien on the Pledged Revenues shall be incurred by the Agency
without the written consent of the Department.
ARTICLE VIII - GENERAL PROVISIONS
8.01. DISCHARGE OF OBLIGATIONS.
All payments required to be made under this Agreement shall be cumulative and any
deficiencies in any Fiscal Year shall be added to the payments due in the succeeding Fiscal Year
and all Fiscal Years thereafter until fully paid. Loan Payments shall continue to be secured by
this Agreement until all of the payments required shall be fully paid to the Department. If at any
time the Agency shall have paid all amounts due under this Agreement, or shall, in accordance
with the provisions of this Section 8.01 have defeased the Loan, the pledge of, and lien on, the
Pledged Revenues to the Department shall be no longer in effect and, except as provided in
18
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Section 2.02, this Agreement shall terminate. Deposit of sufficient cash or Defeasance
Obligations may be made to effect defeasance of this Loan; provided that, the deposit shall be
made in irrevocable trust with a banking institution or trust company for the sole benefit of the
Department or its assignees and the Department has approved in writing such deposit.
Notwithstanding any provision of this Agreement to the contrary, the Agency may prepay this
Loan only upon the express written consent of the Department, which consent shall not be
withheld if such prepayment, in the judgment of the Department and the Division, will not
adversely impact the Department's ability to comply with covenants relating to obligations
secured by such Loan.
.Lv "
8.02. RESERVED.
8.03. ASSIGNMENT OF RIGHTS UNDER AGREEMENT.
The Agency hereby expressly acknowledges that the Loan and all payments of principal
and interest thereon, and all proceeds thereof, have been pledged and assigned under the
Resolution as security for the payment of principal of, premium, if any, and interest on the Bonds
and by the execution of this Agreement the Agency in all respects consents to such pledge and
assignment. The Department and the Division may further pledge or assign all or any parts of
this Agreement without the prior consent of the Agency after written notification to the Agency.
The Agency shall not assign its rights and obligations under this Agreement without the prior
written consent of the Department and receipt by the Department and the Division of a Bond
Counsel Opinion, obtained at the Agency's expense, that such assignment will not adversely
impact the tax status of Applicable Tax-Exempt Bonds.
8.04. AMENDMENT OF AGREEMENT.
This Agreement may be amended in wntlllg, except that no amendment shall be
permitted which is inconsistent with any applicable State or Federal law. This Agreement may be
amended after all construction contracts are executed to re-establish the Project cost, Project
schedule, and Loan amount. A final amendment establishing the final Project costs shall be
completed after the Department's final inspection of the Project records.
8.05. ANNULMENT OF AGREEMENT.
The Department, in consultation with the Division, may unilaterally annul this
Agreement if the Agency has not drawn any of the Loan proceeds within six months of the first
scheduled disbursement date referenced in Article X. If the Department unilaterally annuls this
Agreement, the Department will provide written notification to the Agency.
8.06 SUSPENSION AND TERMINATION.
If the Agency abandons or, before completion, discontinues the Project; or if the
commencement, prosecution, or timely completion of the Project by the Agency is rendered
improbable, infeasible, impossible, or illegal, by written notice to the Agency, the Department
may suspend any or all of its obligations under this Agreement until such time as the event or
condition resulting in such suspension has ceased or been corrected, or at its option, the
Department may terminate any or all of its remaining obligations under this Agreement.
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Upon receipt of any termination or suspension notice, the Agency shall proceed promptly
to carry out the actions required therein which may include, but not be limited to: (1) necessary
action to terminate or suspend, as the case may be, Project activities and contracts and such other
action as may be required or desirable to keep to the minimum the costs upon the Loan; (2)
furnish a statement of the Project activities and contracts, and other undertakings the cost of
which are otherwise includable as Project costs; and (3) repay the SIB according to the
provisions of the Agreement, or as otherwise agreed upon, in writing, by the Department and the
Agency. The termination or suspension shall be carried out in conformity with the latest
schedule, plan, and budget as approved by the Department or upon the basis of terms and
conditions imposed by the Department upon the failure of the Agency to furnish the schedule,
plan, and budget within a reasonable time.
The Department reserves the right to unilaterally cancel this Agreement for refusal by the
Agency to allow public access to all documents, papers, letters or other materials subject to the
provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this
Agreement.
8.07. SEVERABILITY CLAUSE.
If any provision of this Agreement shall be held invalid or unenforceable, the remaining
provisions shall be construed and enforced as if such invalid or unenforceable provision had not
been contained herein.
8.08. APPROPRIATION.
The Department's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature.
The provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated
verbatim: "(a) The Department, during any fiscal year, shall not expend money, incur any
liability, or enter into any contract which, by its terms involves the expenditure of money in
excess of the amounts budgeted as available for expenditure during such fiscal year. Any
contract, verbal or written, made in violation of this subsection is null and void, and no money
may be paid on such contract. The Department shall require a statement from the comptroller of
the Department that funds are available prior to entering into any such contract or other binding
commitment of funds. Nothing herein contained shall prevent the making of contracts for
periods exceeding I year, but any contract so made shall be executory only for the value of the
services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph
shall be incorporated verbatim in all contracts of the Department which are for an amount in
excess of $25,000 and which have a term for a period of more than 1 year."
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ARTICLE IX - INSURANCE
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The Agency shall cause the Project to be and remain insured by an insurance company or
companies licensed to do and doing business in the State against loss or damage due to any
accident or casualty. Such insurance shall remain in place for the useful life ofthe Project.
The Proceeds of insurance policies received as a result of damage to or destruction of the
Project shall be used to (i) restore or replace damaged or destroyed portions of the Project, (ii)
with the written consent of the Department, repay all or a portion of the Loan, or (iii) any
combination of the foregoing. If such insurance proceeds are insufficient to restore or replace
damaged portions of the Project, the Agency shall provide additional funds to restore or replace
such portions of the Project. Repair, construction or replacement shall be promptly completed.
ARTICLE X - DETAILS OF FINANCING
10.01. PRINCIPAL AMOUNT OF LOAN.
The Department agrees to lend to the Agency, and the Agency agrees to repay the
Department the Loan at the times, in the amounts and in the manner set forth in this Agreement.
The principal amount of the Loan as of any date shall consist of the aggregate Disbursements (as
defined below), plus [if applicable] Capitalized Interest that has accrued and been added to the
principal amount of the Loan, plus interest other than Capitalized Interest, if any, that has
accrued and been added to the principal amount of the Loan, less the aggregate principal
component of all Loan Payments made, all as of such date.
The estimated principal amount of the Loan as of the date of the first Loan
Payment is $12,000,000, which consists of the amounts scheduled to be disbursed to the
Borrower in the amounts and at the times set forth in Disbursement Schedule attached hereto as
Exhibit A (each such scheduled disbursement a "Disbursement").
10.02. FINANCING RATE.
Beginning on the date which is 22 months prior to the first Loan Payment, interest shall
accrue on the principal amount of the Loan at the Financing Rate (defined below) [Note: this
assumes an amortization schedule where the payments are made at the end of the payment
21
10 f"
period]. The Financing Rate is 2.0% per annum, compounded annually, using an actual-days~
elapsed/365 day counting convention, as indicated by the schedule of Loan Payments attached
hereto as Exhibit B.
10.03. LOAN DISBURSEMENTS.
The Department shall disburse the Loan to the Agency in the amounts and at the times set
forth in the Disbursement Schedule (Exhibit A), provided that prior to each Disbursement, the
Department receives a completed Disbursement Request Form substantially in the form of
Exhibit C attached hereto and such other certificates or documents as the Department shall
reasonably request from time to time upon 30 days written notice to the Agency.
Upon written request by the Agency, the Department may, in its sole and absolute
discretion, amend the Disbursement Schedule to take into account unexpected events or
reasonable adjustments to the flllancing of the Project, including, but not limited to, increases or
decreases in the Disbursement amounts and acceleration or delays in the construction of the
Project. The Department may, in its sole and absolute discretion, adjust the Loan Payment
Schedule attached hereto as Exhibit B to take into account the adjustments permitted by the
previous sentence.
Under no circumstances shall the sum of the Disbursements to the Agency exceed
$12,000,000 under this Agreement. Furthermore, the Department's obligation to fund any
Disbursement is subject to funds being made available by an appropriation made pursuant to
Florida law.
Notwithstanding anything herein to the contrary, any disbursement to be utilized for
repayment of prior Agency indebtedness must be expended within 90 days of issuance of
Applicable Tax-Exempt Bonds unless the Department shall receive a Bond Counsel Opinion,
obtained at the Agency's expense, to the effect that such utilization will not adversely impact the
tax status of such Applicable Tax-Exempt Bond.
10.04. LOAN PAYMENTS.
Loan Payments shall be made at the time and in the amounts set forth in the Loan
Payment Schedule attached hereto as Exhibit B. To the extent the actual principal amount of the
Loan calculated as provided in Section 10.01 above is less than the estimated principal amount of
the Loan as set forth in Section 10.01 hereof, the amount of the scheduled Loan Payment
credited to principal shall increase and the Loan Payment Schedule shall be adjusted, so that the
Loan is paid in full over a shorter amount of time. Notwithstanding the foregoing, however, if
the actual principal amount of the Loan calculated as provided in Section 10.01 above is less
than the estimated principal amount of the Loan as set forth in Section 10.0 I, the parties to this
Agreement hereby agree to adjust the Loan Payment Schedule in such a way as to not adversely
impact any obligations of the Department secured by repayments under this Agreement.
Loan Payments shall be credited first to interest accruing on the principal amount of the
Loan, if any, then to principal.
22
10 r-
ARTICLE XI - MISCELLANEOUS
11.01. THIRD PARTY AGREEMENTS
Third Party Agreements: Except as otherwise authorized in writing by the Department,
the Agency shall not execute any contract or obligate itself in any manner for the procurement of
consultant services, construction or purchase of commodities contracts or amendments thereto,
with any third party with respect to the Project without the prior written approval of the
Department. Failure to obtain such approval from the Department shall be deemed a material
breach of this Agreement, relieving the Department of any obligation to make Disbursements
under this Agreement. The Department specifically reserves unto itself the right to review the
qualifications of any consultant or contractor and to approve or disapprove the employment of
the same. Such decisions shall be deemed final and binding on the Agency.
11.02. COMPLIANCE WITH CONSULTANT'S COMPETITNE NEGOTIATION ACT.
Compliance with Consultants' Competitive Negotiation Act: The Agency's Attorney
shall certify to the Department that selection of consultants has been accomplished in compliance
with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, if and to
the extent the Consultants' Competitive Negotiation Act applies to the procurement.
11.03. DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY AND OBLIGATION.
It is the policy of the Department that disadvantaged business enterprises as defined in 49
CFR Part 23, as amended, shall have the maximum opportunity to participate in the performance
of contracts financed in whole or in part with funds disbursed by the Department under this
Agreement.
The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises
as defllled in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the
performance of contracts and this Agreement. In this regard, all recipients, and contractors shall
take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to
ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete
for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the
basis of race, color, national origin or sex in the award and performance of Department assisted
contracts.
11.04. DISCRIMINATORY VENDOR.
Pursuant to Section 287.134(3)(a), Florida Statutes, the following is included in this
Agreement. Section 287.134(2)(a), Florida Statutes: "An entity or affiliate who has been placed
on the discriminatory vendor list may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier,
23
subcontractor, or consultant under a contract with any public entity,
business with any public entity."
10 E
and may not transact
11.05. EQUAL EMPLOYMENT OPPORTUNITY.
In connection with the carrying out of any project, the Agency shall not discriminate
against any employee or applicant for employment because of race, age, creed, color, sex or
national origin.
11.06. PROHIBITED INTERESTS.
Neither the Agency nor any of its contractors, subcontractors, consultants, or
subconsultants shall enter into any contract with one another, or arrangement in connection with
the Project or any property included or planned to be included in the Project, which violates any
provision of Chapter 112, Florida Statutes, relating to conflicts of interest and prohibited
transactions. The Agency shall further diligently abide by all provisions of Florida law
regulating the Agency with respect to procurement, contracting, and ethics. The Agency shall
insert in all contracts entered into in connection with the Project subsequent to the date hereof,
and shall hereafter require its contractors and consultants to insert in each of their contracts the
following provision:
"The Agency is governed in its contracts and transactions by provisions of Florida law
relating to conflicts of interest, prohibited transactions, and ethics in government. All parties to
contracts with the Agency relating to this project shall familiarize themselves with Chapter 112,
Florida Statutes, and with general Florida law regulating the Agency's ethical requirements,
prohibitions, and limitations with respect to procurement and contracts."
The provisions of this subsection shall not be applicable to any agreement between the
Agency and its fiscal depositories, or to any agreement for utility services the rates for which are
fixed or controlled by a governmental agency.
11.07. ENVIRONMENTAL POLLUTION.
Execution of this Agreement constitutes a certification by the Agency that the Project
will be carried out in conformance with all applicable environmental regulations including the
securing of any applicable permits. The Agency will be solely responsible for any liability in the
event of non-compliance with applicable environmental regulations, including the securing of
any applicable permits, and will reimburse the Department for any loss incurred in connection
therewith.
11.08. NO OBLIGATION TO THIRD PARTIES.
Except to the extent set forth herein, neither the Department nor the Agency shall be
obligated or liable hereunder to any person or entity not a party to this Agreement.
24
11.09. WHEN RIGHTS AND REMEDIES NOT WAIVED.
10 E
In no event shall the making by the Department of any Disbursement to the Agency
constitute or be construed as a waiver by the Department of any breach of covenant or any
default which may then exist, on the part of the Agency, and the making of such Disbursement
by the Department while any such breach or default shall exist shall in no way impair or
prejudice any right or remedy available to the Department with respect to such breach or default.
11.10. BONUS OR COMMISSION.
By execution of the Agreement the Agency represents that it has not paid and, also,
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its
application for the Loan established hereunder.
11.11. USE AND MAINTENANCE OF PROJECT.
The Agency agrees that the Project facility and equipment will be used by the Agency to
provide or support public transportation for the period of the useful life of such facility and
equipment as determined in accordance with general accounting principles. The Agency further
agrees to maintain the Project facility and equipment in good working order for the useful life of
said facility or equipment, and maintain property records, conduct physical inventories, and
develop control systems.
11.12. INDEMNITY.
To the extent allowed by law, the Agency shall indemnify, defend, and hold harmless the
Department and all of its officers, agents, and employees from any claim, loss, damages, cost,
charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its
agents, employees, contractors and/or subcontractors during the performance of the Agreement,
except that neither the Agency, its agents, employees, contractors and/or subcontractors will be
liable under this paragraph for any claim, loss, damages, cost, charge, or expense arising out of
any act, error, omission, or negligent act by the Department, or any of its officers, agents, or
employees, during the performance of the Agreement.
If the Department receives notice of claim for damages that may have been caused by the
Agency in the performance of services required under this Agreement, the Department will
immediately forward the claim to the Agency. The Department's failure to promptly notify the
Agency of a claim will not act as a waiver or any right herein.
11.13. PLANS AND SPECIFICATIONS.
25
10 E
In the event that this Agreement involves the purchasing of capital equiprnent or the
constructing and equipping of a facility, the Agency shall design and construct the equipment
and/or facility in accordance with the standards applicable to the Agency. Failure to follow the
plans and specifications shall be sufficient cause for delays in the distribution of disbursements
by the Department.
11.14. PROJECT COMPLETION, AGENCY CERTIFICATION.
Upon completion of the Project, the Agency will certify in writing that the Project (or
expending of the Loan) was completed in accordance with applicable plans and specifications
and that the Project is accepted by the Agency as suitable for the intended purpose.
11.15 THIRD PARTY BENEFICIARY.
To the extent this Agreement confers upon or grants to the Division any right, remedy, or
claim hereunder, the Division is hereby recognized as being a third party beneficiary hereunder
and may enforce any such right, remedy or claim given or granted hereunder.
11.16. ENTIRE AGREEMENT.
The Loan Application executed by the Agency, all exhibits, attachments and schedules
attached to the Loan Application, and this Agreement ("the Agreement Documents") sets forth
the entire agreement between the parties and incorporate and supercede all prior negotiations,
correspondence, conversations, agreements or understandings applicable to the matters contained
herein and therein, and the parties hereto agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreement that are not contained in the
Agreement Documents. Accordingly, it is agreed that no deviation from the terms of the
Agreement Documents shall be predicated upon any prior representation or agreements whether
oral or written. It is further agreed that no modification, amendment or alteration in the terms
and conditions contained in the Agreement Documents shall be effective unless contained in a
written document executed by the parties hereto.
In the event of conflict between the terms and conditions of the Agreement Documents:
(i) the terms and conditions contained in the body of this Agreement prevail over conflicting
terms and conditions contained in any exhibits, schedules and attachments attached to this
Agreement; (ii) the terms and conditions contained in the body of the Loan Application prevail
over any conflicting terms and conditions contained in any exhibits, schedules and attachments
attached to the Loan Application; and (iii) the terms and conditions of the Agreement, including
all exhibits, schedules and attachments hereto, prevail over conflicting terms and conditions
contained in the Loan Application and any exhibits, schedules and attachments thereto.
11.17. NOTICES.
Any notice, demand, request or other instrument which is required to be given under this
Agreement in writing shall be delivered to the following addresses:
26
If to the Department: Jennifer G. Weeks
Florida Department of Transportation
Office of Financial Development
Project Finance Team
605 Suwannee Street, MS #7
Tallahassee, Florida 32399-0450
If to Agency:
Transportation
Donald 1. Scott
2885 South Horseshoe Drive
27
10 f'
C
Collier County
Naples, FL 34104
10
ARTICLE XII - EXECUTION OF AGREEMENT
This Agreement shall be executed in three or more counterparts, any of which shall be
regarded as an original and all of which constitute but one and the same instrument.
IN WITNESS WHEREOF, the Department has caused this Agreement to be executed on
its behalf by its Secretary and the Agency has caused this Agreement to be executed on its behalf
by its Authorized Representative and by its affixed seal. The effective date of this Agreement
shall be the Agreement Date.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
fD~
Secretary
~;/
Legal
Attest:
DWIGHT E. BROCK, Clerk
. C ~.t.~"c .'~
~~olJtIO(
. Deputy c:~tk .
Attest tIS tq Chdll1ll4/l S
S 1 (Jnatui'(~ olll i.l
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Attest
~#I?~I<A-.
SEAL~ ~7
I attest to the opinion expressed in Section
2.03, entitled Legal Authorization, and as to
form and legal sufficiency.
~f-'u ~ ~ (1J/'~ 4 ;+~
Agency c-"j//0 ~~I fJ...."J!:
28
EXHIBIT A
10 E
Disbursement Schedule Form
Total SIB Loan Amount:
$12,000,000
Total SIB Commitment:
$12,000,000
SIB Estimated Disbursement Schedule:
Month, Dav, Year
March 22, 2007
Amount
$12,000,000
Balance
$0
Based on estimated annual expenditures and the Department's historical cash flow rates.
29
EXHIBIT B
10 r
...
Loan Payment Schedule
2008107 8/1/2006 $0.00 SI2,ooo,Ooo.OO $0.00 SI2,000,000.00 $0,00 $0.00 $0.00
101112006 $12,000,000.00 $0.00 $0.00 $12,000,000.00 $0,00 SO.OO $0.00
2007106 1011/2007 $12,000,000,00 $0.00 $240,000.00 $12,240,000.00 -$240,000,00 $240,000.00 SO.OO
2008109 10/1/2008 $12,240,000.00 $0.00 $244,800.00 $12,484,800.00 $1,795,200,00 $244,800.00 .$2,040,000.00
2009110 10/1/2009 $10,444,800.00 $0.00 $208,896.00 $10,653,696_00 $1,831,104.00 $208,896.00 $2,040,000.00
201CV11 1011/2010 $8,613,696.00 $0.00 $172,273.92 $8,785,%9.92 $1,867,726.08 $172,273.92 $2,040,000.00
2011/12 IO/l/2011 $6,745,969.92 $0.00 $134,919.40 $6,880,88932 $1.905,080.60 $134,919.40 $2,040,000,00
2012113 1011/2012 $4,840,889.32 $0.00 $96,817.79 $4,937,707.10 $4,840,889.31 $96,817.79 $4,937,707.10
$12,000,000.00 $1,097,707.10 $12,000,000,00 $1,097,707.l0 $13,097,707.10
Interest 'Hill begin accruing October 1, 2006 and will accrue annually October I and eIld each September 30 tbereafter until loan is repaid
This calculation assumes the following disbursement date.
FY2006lO7
$12,000,000.00
If disbursements are made 00 dates other than those above. the interest calculations will be modified and this schedule updated according.
Total Loan Amount- $]2,000,00000
Total In1ef"estAccruoo-$1,097,707,1O
Total Repayments to Loan- $13,097,707, 10
RemitPay~tto:
Mailing Address:
State Board of Administralion of Florida
Post Office Box 1330
Tallahassee, FL32317-3300
Street Address:
State Board of Administration of Florida
1801 HermilageBoulevard, Suite 100
Tallahassee, FL32308
Wiring Instructions'
Bank of America
ABA #0260-0959-3
Credit State Board of Administration
Account #: 003660048119
Note on Payment for 'FOOT SIB Loan -420655-2"
30
10 c
EXHIBIT C
,.,.~.,
Disbursement Request Form
TOTAL SIB LOAN AMOUNT:
$12,000,000
DATE OF THIS DISBURSEMENT REQUEST:
AMOUNT REQUESTED FOR THIS DISBURSEMENT: $
BALANCE OF LOAN TO BE DISBURSED:
$
CONTRACT NUMBER:
FINANCIAL PROJECT NUMBER:
420655-2-58-01
Warrant should be disbursed to:
Name:
Title:
Address:
Telephone Number:
E-Mail Address:
Per Section 10.03 Loan Disbursements of the State Infrastructure Bank Loan Agreement, I
certify, to the best of my knowledge, $ in expenses has been incurred on the
I-75/Immokalee Road Interchange Improvements project and these costs are eligible for
reimbursement and use of the SIB funds.
Signature
Printed Name and Title
31
10
EXIllBIT D
Summary Proiect Specifications
32
EXHIBIT E
lOt
Continuinl!. Disclosure Al!.reement
FORM OF
CONTINUING DISCLOSURE AGREEMENT
This Continuing Disclosure Agreement (the "Disclosure Agreement") is executed and
delivered by Collier County, Flo . a (the" ge );")'n connection with the execution of that
certain Loan Agreement dated ~ by and between the Department
and the Agency (the "Loan Agreement"). This isclosure Agreement is being executed and
delivered pursuant to Paragraph 13 of Section 2.01 of the Loan Agreement. The Agency hereby
covenants and agrees as follows:
SECTION 1. PURPOSE OF THE DISCLOSURE AGREEMENT. This Disclosure
Agreement is being executed and delivered by the Agency to the Department in order to assist
the Department in fulfilling its disclosure obligations under applicable rules of the Securities and
Exchange Commission (the "SEC") and to assist in complying with SEC Rule 15c2-12 (the
"Rule").
SECTION 2. DEFINITIONS. The definitions set forth in the Loan Agreement apply to
any capitalized term used in this Disclosure Agreement.
SECTION 3. CONTINUING DISCLOSURE. (A) Information To Be Provided. The
Agency assumes all responsibilities for any continuing disclosure as described below. The
Agency hereby agrees to provide or cause to be provided the information set forth below, or such
other information as the Department may reasonably require to be provided, from time to time,
in order to comply with the Rule and other applicable SEC rules.
(1) Financial Information and Operating Data. For fiscal years ending on June 30,2005
and thereafter, annual financial information and operating data shall be provided within six
months after the end of the State's fiscal year. Such information shall include:
(a) Information pertaining to the Pledged Revenues, including but not limited to historical
and projected collections and material events affecting the collection of Pledged Revenues;
(b) Information pertaining to the Loan, including but not limited to historical
and projected debt service coverage;
(c) Information pertaining to the Project, including but not limited to the
extent to which Project milestones have deviated scheduled completion
dates, any changes in anticipated Project completion dates, and any
material events affecting the completion or projected use of the Project;
and
(d) Information pertaining to the computation of debt service coverage ratios.
33
(2) Audited Financial Statement. If not submitted as part of the annual~i[rl
information, a copy of the Agency's audited financial statements, prepared in accordance with
generally accepted accounting principles, will be provided when and if available.
(3) Material Events Notices. Notice of the following events relating to the Loan
Agreement will be provided in a timely manner:
(a) principal and interest payment delinquencies;
(b) non-payment related defaults;
(c) unscheduled draws on Loan Agreement reserves, if any, reflecting financial
difficulties;
(d) unscheduled draws on Loan Agreement credit enhancements, if any,
reflecting financial difficulties;
(e) substitution of credit or liquidity providers, or their failure to perform;
(f) adverse tax opinions received by the Agency or events within the reasonable
knowledge of the Agency affecting the tax-exempt status of Applicable Tax
Exempt Bonds;
(i) defeasance of the Loan Agreement;
(j) release, substitution or sale of property securing repayment of the Loan
Agreement;
(k) any change in any credit rating of the Agency.
(4) Failure to Provide Annual Financial Information; Remedies.
Failure of Agency to provide the information required at the time and in the
manner provided herein shall constitute an event of default under the Loan Agreement.
(5) Methods of Providing Information.
All information described herein shall be provided to the Department as follows:
electronic facsimile transmissions confirmed by first class mail, postage prepaid;
(b) overnight delivery service;
(c) electronic delivery;
(d) first class mail, postage prepaid;
(e) any other delivery method generally acceptable in the tax-exempt
bond market; or
(f) by whatever means are mutually acceptable to the Department or
its designated agent and the entity to which it is to be provided.
Where applicable, the following address for the Department may be used until
further notice to the Agency provided as set forth in the Loan Agreement:
34
10 r
Florida Department of Transportation
Office of Financial Development
Project Finance Team
605 Suwannee Street, MS #7
Tallahassee, Florida 32399-0450
Attention: Jennifer G. Weeks
(C) If this Disclosure Agreement is amended to change the operating data or financial
information to be disclosed, the annual financial information containing amended operating data
or financial information will explain, in narrative form, the reasons for the amendment and the
impact of the change in the type of operating data or financial information being provided.
(0) The Agency's obligations hereunder shall continue until such time as Agency's
obligations under the Loan Agreement have terminated.
(E) This Disclosure Agreement may be amended or modified by mutual consent of the
Agency and the Department so long as any such amendments are not violative of any rule or
regulation of the SEC or MSRB, or other federal or state regulatory body.
SECTION 4. ADDITIONAL INFORMATION. If, when submitting any information
required by this Disclosure Agreement, the Agency chooses to include additional information not
specifically required by this Disclosure Agreement, the Agency shall have no obligation to
update such information or include it in any such future submission.
Dated this 27th day of February, 2007
~~~~.
J ames c~a, Chairman
Board of County Commissioners, ~ Cou~~:::da
Reviewed for form and legal sufficiency: I-it:. ~ l
Scott R. Teach, Asst. County Attorney
AGENCY
By:
A TTE~J,:1'...
DkIJ-n ',E. BRQ'tKJiCLER~
._ ( ,J .'. .
.' '. '/' ~\L\. 0<-
put.)' .0}erk
A t'2$t b:'ii. tg,Cl'll klllan s
s grwt;Jrc C'il!.
35
EXHIBIT F
10 E
,
FORM OF
NON-ARBITRAGE CERTIFICATE
I, the undersigned, hereby certify that I am a duly qualified and acting officer of Collier
County ("Agency"), and that in my official capacity as such officer, I am responsible for
executing and delivering on behalf of the Agency that certain State Infrastructure Bank Loan
Agreement be^e~e ~e~ and the State of Florida Department of Transportation, dated as
of 'i'Y)t11i:. D, (the "Loan Agreement"). This Certificate is being issued
pursuant to Section 1'18 of the Internal Revenue Code of 1986, as amended (the "Code"), and
Treasury Regulations, Sections 1.148-0 through 1.148-11 and 1.150-1 and 1.150-2 (the
"Regulations"). The following facts, estimates and circumstances are in existence on the date of
this Certificate or are reasonably expected to occur hereafter. Capitalized terms not defined
herein have the meanings ascribed to them in the Loan Agreement.
1. The Loan Agreement will provide for the financing by the Agency of the
acquisition of the Project described in the Loan Agreement. Pursuant to the Loan Agreement,
the Agency will be required to make Loan Payments, comprising principal and interest, on the
dates and in the amounts set forth in applicable Schedules to the Loan Agreement.
2. The Project will be acquired and implemented with due diligence, and it is
expected that at least 85 percent of the spendable proceeds of a Disbursement will be allocated to
the cost of Project on the date of the Disbursement and in any event within three years from the
date thereof.
3. Not more than 50 percent of the unexpended proceeds of a Disbursement will be
invested in obligations having a substantially guaranteed yield for four years or more.
4. The proceeds of any Disbursement under the Loan Agreement, and the interest to
be earned thereon, will not exceed the amount necessary for the purpose for which the
Disbursement is requested.
5. The interest of the Agency in the Project has not been and is not expected during
the term of the Loan Agreement to be sold or disposed of by the Agency.
6.
Payments.
No sinking fund is expected to be created by the Agency with respect to the Loan
7. For purposes of this certificate, "yield" has the meaning ascribed to it under the
Regulations pertaining to obligations issued under Section 103 of the Code.
36
10 "
8. The Agency hereby covenants to comply with all requirements of the Code and
Regulations relating to the rebate of arbitrage profit to the United States of America. It is
expected that all gross proceeds of the financing derived from each Disbursement will be
expended on and allocated to the Project no later than the day which is six months after the date
of each Disbursement.
9. Neither the proceeds of the financing nor the Project financed therewith shall be
used for any "private business use" within the meaning of Section 141(b)(6) of the Code. No
proceeds of the financing will be used to make or finance a loan to another person.
10. The payment of Loan Payments is not guaranteed, directly or indirectly, in whole
or in part by the United States or any agency or instrumentality thereof, nor is it otherwise
federally guaranteed within the meaning of Section 149(b) of the Code.
11. There are no other obligations of the Agency that (i) are being sold within 15 days
of the date of the Loan Agreement; (ii) are being sold pursuant to a common plan of financing
together with the Loan Agreement; and (iii) will be paid out of substantially the same source of
funds as the Loan Agreement.
12. To the best of the knowledge and belief of the undersigned, the expectations of
The Agency, as set forth above, are reasonable, and there are no present facts, estimates and
circumstances which would change the foregoing expectations.
13. The Agency has not been notified of the listing or proposed listing of it by the
Internal Revenue Service as an issuer whose arbitrage certificates may not be relied upon.
:::: my=-;;;z;;:; 2001
By: ~
James Coletta, Chairman
Board of County Commissioners, Col'
Reviewed for form and legal sufficiency:
S
;\ . 1.' ~{;lD
.' ...-..... c;.(">
... .....~~
i1"(:tc:st il$ to eM InII4Il S
siIJnature 011]-
37
11
;!, ..i.J !
I-75/IMMOKAlEE ROAD (CR 846)
INTERCHANGE OPERATIONAL ANALYSIS REPORT
COllIER COUNTY, FLORIDA
FLORIDA DEPARTMENT OF TRANSPORTATION
DISTRICT ON E
APRIL 2005
10 r:
.....
TABLE OF CONTENTS
1.0 INTRODUCTION .............................................................................................................1
1.1 PURPOSE OF STUDy..............................................................................................................1
1.2 PROJECT LOCATION ............. .... .............................................................................................1
1.3 EXISTING INTERCHANGE CONFIGURATION .....................................................................3
2.0 ALTERNATIVE IMPROVEMENT CONCEPTS...............................................................5
2.1 ALTERNATIVE 1 CONFIGURATION............ ............................................................................5
2.2 ALTERNATIVE 2 CONFIGURATION......... .................................... ...........................................5
2.3 ALTERNATIVE 3 CONFIGU RA nON............................. ... ........................................................6
2 .4 ALTERNATIVE 4 CONFIGURATION........... .......... ............................... ....................................6
2.5 PROPOSED TYPICAL SECTION UNDER 1-75 ......................................................................11
3.0 1-75 MAINLINE TRAFFIC OPERATIONS .....................................................................12
3.1 2004 MAINLINE OPERATIONS... ............... ....... .....................................................................12
3.2 2014 MAINLINE OPERATIONS .......... ....... ............................... .... ..........................................16
3.3 2024 MAINLINE OPERATIONS ....... ....... .............................. ......................... ............. ............17
4.0 PRELIMINARY CONSTRUCTION COST ESTIMATES AND RIGHT OF WAY
REQUiREMENTS..........................................................................................................19
5.0 RECOMMENDED AL TERNA TIVE................................................................................ 24
6.0 1-75 RAMP TERMINAL INTERSECTION OPERATIONS.............................................26
6.1 2004 INTERSECTION OPERATIONS ....................................................................................26
6.2 2014 I NTERSECTION OPERATIONS ................................................................................... .28
6.3 2024 INTERSECTION OPERATIONS........................................................... ....................... ..30
7.0 SUMMARY ....................................................................................................................32
LIST OF FIGURES
FIGURE 1-1: PROJECT LOCATION... ........................... ........................ ............ ............... ......2
FIGURE 1-2: EXISTING INTERCHANGE... .................. .................. ...... ......... ............. .......... ....4
FIGURE 1-3: EXISTING TYPICAL SECTION........................... .................................................3
FIGURE 2-1 : ALTERNATIVE 1............ ........ ............... ..................... ......... ................... .........7
FIGURE 2-2: ALTERNATIVE 2............ ...... .................. ...... ............ ......... ......... ............ ..........8
FIGURE 2-3: ALTERNATIVE 3.................. ..................... .................. ...... ......... ............... .......9
FIGURE 2-4: ALTERNATIVE 4............... ... ...... ............... .................. ...... ......... ...... ......... .....10
FIGURE 2-5: PROPOSED TYPICAL SECTION.......................................................................11
FIGURE 3-1: 2004 DESIGN HOUR VOLUMES............... ..................... ......... ...... ...... .......... ....13
FIGURE 3-2: 2014 DESIGN HOUR VOLUMES.......................................................................14
FIGURE 3-3: 2024 DESIGN HOUR VOLUMES.......................................................................15
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LIST OF TABLES
TABLE 3-1: YEAR 2004 PEAK HOUR MERGE AREA OPERATIONS -
HCS ANALYSIS SUMMARy...... ..................... ...... ............ ............... ............. ...12
TABLE 3-2: YEAR 2014 PEAK HOUR MERGE AREA OPERATIONS-
HCS ANALYSIS SUMMARY... ..... ... ... ............ ............... .................. .............. ...17
TABLE 3-3: YEAR 2024 PEAK HOUR MERGE AREA OPERATIONS-
HCS ANALYSIS SUMMARy.............. ...... ......... ...... ...... ......... ............ ............ ...17
TABLE 4-1: PRELIMINARY CONCEPTUAL CONSTRUCTION COST ESTlMATE-
ALTERNATIVE 1.... ................................................................................... .... .20
TABLE 4-2: PRELIMINARY CONCEPTUAL CONSTRUCTION COST ESTIMATE-
ALTERNATIVE 2.......... ............................................................... ...... ............ .21
TABLE 4-3: PRELIMINARY CONCEPTUAL CONSTRUCTION COST ESTIMATE-
ALTERNATIVE 3............... ......... ......... ...... ......... ...... ............ ...... ............ ........22
TABLE 4-4: PRELIMINARY CONCEPTUAL CONSTRUCTION COST ESTIMATE-
ALTERNATIVE 4....... ......... ......... ...... ............ ............... ............ ......................23
TABLE 5-1 : ALTERNATIVES EVALUATION MATRiX............ .................. ......... ... ..................24
TABLE 6-1: 2004 PEAK HOUR RAMP TERMINAL INTERSECTION OPERATIONS-
EXISTING GEOMETRY... ......... .............................. .............................. ......... ..27
TABLE 6-2: 2014 PEAK HOUR RAMP TERMINAL INTERSECTION
OPERATIONS COMPARiSON...... .................. .................. ......... ......... ..............29
TABLE 6-3: 2024 PEAK HOUR RAMP TERMINAL INTERSECTION
OPERATIONS COMPARiSON......... ......... ... ...... ...... ............... ...... ......... ...........31
ii
10 E
SECTION 1.0
INTRODUCTION
1.0 INTRODUCTION
1.1 PURPOSE OF STUDY
The Florida Department of Transportation (FOOT) District One is requesting approval of a
proposed geometric improvement at the Immokalee Road interchange on Interstate 75 (1-75) in
Collier County. The 1-75lImmokalee Road interchange is currently experiencing congestion
during the peak periods and this congestion is expected to increase in the future as residential and
commercial development continues to occur in Collier County. Consequently, there exists a need
to provide some additional capacity at this interchange to improve the current peak period traffic
operations as well as future year peak hour traffic operations. The purpose of this Interchange
Operational Analysis Report (IOAR) is to document the process that was used to identifY the
recommended geometric improvement concept for the 1-75/lmmokalee Road interchange.
Included in this IOAR is a discussion of the existing I-75/lmmokalee Road interchange
configuration, an operational analysis of four alternative geometric improvement concepts,
documentation of preliminary construction cost estimates and right-of-way requirements for the
four alternative concepts and a recommendation regarding which of the four alternative
improvement concepts should be implemented at this location.
1.2 PROJECT LOCATION
The I-75/Immokalee Road interchange is located in the northern portion of Collier County. This
interchange is located at milepost 60.448 and is the northernmost interchange in Collier County.
The I-75/Immokalee Road interchange is approximately 4.3 miles north of the I-75/Pine Ridge
Road interchange and approximately 4.0 miles south of the 1-751B0nita Beach Road interchange
in southern Lee County. Immokalee Road is an east-west arterial that extends from US 41 on the
west to east of the Collier/Hendry County line on the east. The closest north/south roadway to the
I-75/Immokalee Road interchange is Northbrooke Drive (located approximately 0.25 miles east
of the northbound 1-75 on-/off-ramps). Figure 1- I illustrates the location of the existing 1-
75/Immokalee Road interchange and the existing interchange spacing along 1-75.
There is an existing canal located on the north side ofImmokalee Road. This canal parallels the
roadway until it reaches the vicinity of the southbound 1-75 off-ramp where it turns northward
and extends for a distance of approximately 1,650 feet. At this point, the canal turns eastward
and crosses under 1-75. After crossing 1-75, the canal turns southward and follows the alignment
of the northbound 1-75 on-ramp until it approaches Immokalee Road. At this point, the canal
once again follows an east-west orientation. There are existing residential and commercial
developments located in the northeast and northwest quadrants of the interchange, immediately
adjacent to the canal. The southeast and southwest quadrants of the interchange are currently
undeveloped, however, Collier County has recently approved the proposed Tarpon Bay Plaza
development. This approved development is located in the southeast quadrant of the interchange.
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SECTION 1.0
INTRODUCTION
1.3 EXISTING INTERCHANGE CONFIGURATION
1-75 is currently a four-lane limited access freeway north and south ofImmokalee Road with a
current posted speed limit of7O miles/hour (mph). Immokalee Road in the vicinity ofthe
interchange is currently a four-lane divided arterial with a posted speed limit of 45 mph. The
existing 1-75/lmmokalee Road interchange configuration is a diamond interchange with single
lane on-ramps and single lane off-ramps in all four quadrants. Both of the 1-75 ramp terminal
intersections are signalized and there is approximately 500 feet between these two signalized
intersections. Figure 1-2 illustrates the existing 1-75!1mmokalee Road interchange.
The single lane northbound and southbound off-ramps widen out to provide 850-foot dual left-
turn and dual right-turn lanes. Dual left-turn lanes are also provided for the eastbound Immokalee
Road to northbound 1-75 movement while a single left-turn lane is provided for the westbound
Immokalee Road to southbound 1-75 movement. The eastbound left-turn lanes extend back to the
west a distance of approximately 1,155 feet from the southbound 1-75 ramp terminal intersection.
The westbound left-turn lane extends back to the east a distance of approximately 150 feet from
the northbound 1-75 ramp terminal intersection. The ImmokaleeRoadINorthbrooke Drive
intersection is located approximately 1,200 feet east of the southbound 1-75 ramp terminal
intersection and is also currently signalized. Single lane left-turn and right-turn lanes are
provided on Immokalee Road in both the eastbound and westbound directions at this intersection.
Figure 1-3 illustrates the existing typical section for Immokalee Road underneath 1-75. Currently,
there are four 12-foot through lanes (two in each direction), two 11.5-foot left-turn lanes in the
eastbound direction, one 11.5-foot left-turn lane in the westbound direction and a six-foot raised
median separating the left-turn lanes. The 1-75 bridge over Immokalee Road is a three-span
bridge with a 99-foot center span and two 37.5-foot end spans. There is also a sidewalk located
on the south side ofImmokalee Road immediately adjacent to the bridge pier.
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Figure 1-3: Existing Typical Section
Immokalee Road Under 1-75 Looking West
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SECTION 2,0
ALTERNATIVE IMPROVEMENT CONCEPTS
2.0 ALTERNATIVE IMPROVEMENT CONCEPTS
Four alternative interchange improvement concepts were developed to alleviate the existing peak
period congestion levels at the 1-75/lmmokalee Road interchange. These alternative
improvement concepts are described in the following sections. It should be noted that none of the
alternative improvement concepts include any geometric modifications to the southbound 1-75
off-ramp or the southbound 1-75 on-ramp.
2.1 ALTERNATIVE 1 CONFIGURATION
Alternative I provides a single lane loop ramp with a 230-foot radius for the eastbound
Immokalee Road to northbound 1-75 movement. The design speed associated with this loop ramp
is 30 mph. This loop ramp joins the northbound 1-75 mainline approximately 200 feet south of
the northbound 1-75 bridge over Immokalee Road and adds an additional access point to the 1-75
mainline. The provision of this loop ramp requires the widening of this existing bridge. A 1,350
-foot parallel acceleration lane and a 300-foot taper are provided with this ramp to allow the loop
ramp vehicles to accelerate from 30 mph to 70 mph. Due to the length of this on-ramp, the
westbound lmmokalee Road to northbound 1-75 ramp gore is shifted 100 feet north of its current
location. This northern shift in gore location impacts the width of the shoulder on the northbound
1-75 bridge over the canal. Consequently, this bridge would also be widened to the outside and a
IO-foot outside shoulder would be provided. The provision of this loop ramp also requires a shift
of the existing northbound 1-75 off-ramp. The existing signalized intersection on the east side of
the interchange is shifted approximately 300 feet further to the east and the existing northbound 1-
75 off-ramp gore is shifted approximately 100 feet further south. With the eastward relocation of
the signalized intersection on the east side of the interchange, the total length that can be provided
between the two ramp terminal intersections for the single westbound left-turn is approximately
700 feet. A I" ~ 300' scale concept drawing depicting Alternative I is provided in Figure 2-1.
2.2 ALTERNATIVE 2 CONFIGURATION
Alternative 2 provides a single lane loop ramp with a 320-foot radius for the eastbound
Immokalee Road to northbound 1-75 movement. The design speed associated with this loop ramp
is 35 mph. This loop ramp joins the northbound 1-75 mainline approximately 300 feet south of
the northbound 1-75 bridge over Immokalee Road and adds an additional access point to the 1-75
mainline. The provision of this loop ramp requires the widening ofthis existing bridge. A 1,230-
foot parallel acceleration lane and a 300-foot taper are provided with this ramp to allow the loop
ramp vehicles to accelerate from 35 mph to 70 mph. Since the loop ramp in Alternative 2 joins
the 1-75 mainline 100 feet further south ofthe location where the Alternative I loop ramp joins
the 1-75 mainline and a slightly shorter acceleration lane is required with the 35 mph loop, the
location of the gore for the existing northbound 1-75 on-ramp (serving the westbound Immokalee
Road traffic) would remain unchanged. This would eliminate the need for any outside widening
of the northbound 1-75 bridge over the canal.
The provision ofa 320-foot radius loop ramp in the southeast quadrant of the interchange will
also require a shift of the existing northbound 1-75 off-ramp. The existing signalized intersection
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SECTION 2.0
ALTERNATIVE IMPROVEMENT CONCEPTS
on the east side of the interchange is shifted approximately 450 feet further to the east and the
existing northhound 1-75 off-ramp gore is shifted approximately 630 feet further to the south. A
1" = 300' scale concept drawing depicting Alternative 2 is provided in Figure 2-2.
2.3 ALTERNATIVE 3 CONFIGURATION
Alternative 3 provides a single lane loop ramp with a 320-foot radius for the eastbound
Immokalee Road to northbound 1-75 movement. The design speed ofthis loop ramp is 35 mph.
Unlike Alternative 2, this loop ramp does not join the northbound 1-75 mainline south of the
existing bridge over Immokalee Road. Instead, this loop ramp runs parallel to the northbound 1-
75 mainline and crosses over ImmokaJee Road on a separate structure. Approximately 400 feet
north of this new bridge, a realigned westbound Immokalee Road to northbound 1-75 on-ramp
merges with the loop ramp. The resulting single lane on-ramp accommodating both eastbound
and westbound Immokalee Road traffic merges with the northbound 1-75 mainline similar to the
existing condition, however, the northbound 1-75 on-ramp gore is shifted 100 feet north of its
current location. This northern shift in gore location impacts the width ofthe shoulder on the
northbound 1-75 bridge over the canal. Consequently, this bridge would need to be widened to
the outside and a 10-foot outside shoulder would be provided. This bridge widening is the same
as the widening previously discussed with Alternative 1. The existing signalized intersection on
the east side of the interchange is shifted approximately 520 feet to the east of its current location
and the existing northbound 1-75 off-ramp gore is shifted approximately 680 feet to the south of
its current location. This alternative does not add any additional access points to the northbound
1-75 mainline. A I" = 300' scale concept drawing depicting Alternative 3 is provided in Figure
2-3.
2.4 ALTERNATIVE 4 CONFIGURATION
Alternative 4 provides a single lane loop ramp with a 230- foot radius for the eastbound
Immokalee Road to northbound 1-75 movement. The design speed of this loop ramp is 30 mph.
Similar to Alternative 3, this loop ramp runs parallel to the northbound 1-75 mainline and crosses
over Immokalee Road on a separate structure. Approximately 400 feet north of this new
structure, a realigned westbound Immokalee Road to northbound 1-75 on-ramp merges with the
loop ramp. The resulting single lane on-ramp accommodating both eastbound and westbound
lmmokalee Road traffic merges with the northbound 1-75 mainline similar to the existing
condition, however, the northbound 1-75 on-ramp gore is shifted 100 feet north of its current
location. This northern shift in gore location impacts the width of the shoulder on the northbound
1-75 bridge over the canal. Consequently, this bridge would need to be widened to the outside
and a I O-foot outside shoulder would be provided. The existing signalized intersection on the
east side of the interchange is shifted approximately 350 feet to the east of its current location,
while the existing northbound 1-75 off-ramp gore is shifted approximately 160 feet to the south of
its current location. As is the case with Alternative 3, Alternative 4 does not add any additional
access points to the northbound 1-75 mainline. AI" ~ 300' scale concept drawing depicting
Alternative 4 is provided in Figure 2-4.
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ALTERNATIVE IMPROVEMENT CONCEPTS
2.5 PROPOSED TYPICAL SECTION UNDER 1-75
Figure 2-5 illustrates the proposed typical section for Immokalee Road underneath 1-75. The
proposed typical section provides six 12-foot through lanes (three in each direction), one 11.5-
foot left-turn lane (in the westbound direction) and a four-foot raised median underneath the
center span. The 2: I side slope underneath the end span on the south side ofImmokalee Road
will be removed to provide a single] 5- foot travel lane that will provide access to the loop ramp
as well as a six-foot paved sidewalk (with two feet ofc1earance on both sides). This will require
the construction of a retaining wall.
Two design variances were identified during the development of the interchange improvement
concepts. A design variance will be required for the] 5.5-foot median width since Section 2.2 of
the Plans Preparation Manual (PPM) states that a minimum median width of 19.5 feet may be
used on arterial reconstruction projects where existing curb locations are fixed due to severe
right-of-way constraints and the design speed is 45 mph. A second design variance will be
required for the shoulder widths. Due to the location of the existing piers and the desire to
provide three through lanes in each direction under the center span, there is insufficient width
remaining to provide 10-foot outside shoulders.
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***A 6-foot sidewalk is provided with a 2-foot clearance on both sides
Figure 2-5: Proposed Typical Section
Immokalee Road Under 1-75 Looking West
]1
SECTION 3.0
1-75 MAINLINE TRAFFIC OPERATIONS
10
3.0 1-75 MAINLINE TRAFFIC OPERATIONS
The four alternatives described in Section 2.0 were analyzed to determine the projected operating
conditions on the northbound 1-75 mainline. Peak hour level of service analyses were conducted
for the northbound 1-75 merge areas using the 2000 Highway Capacity Software (HCS). The
HCS analyses were conducted for the years 2004, 2014 and 2024 using the peak hour volumes
documented previously in the FOOT's May 3, 2001 1-75/lmmokalee Road Planning Interchange
Study Final Technical Memorandum. Figures 3-1, 3-2 and 3-3 provide the 2004, 2014 and 2024
peak hour volumes, respectively. The following sections discuss the results of the 1-75 mainline
traffic operations analyses.
3.1 2004 MAINLINE OPERATIONS
Northbound 1-75 merge area analyses were conducted for 2004 for the four alternatives to provide
an estimate of the levels of service that would be expected to occur if the interchange
improvement was already implemented. These analyses were conducted with the two existing
northbound 1-75 mainline lanes. The results of the 2004 northbound 1-75 merge area operations
analysis are summarized in Table 3-1. The density in the merge area as well as the level of
service associated with the estimated density is provided in Table 3-1 along with the merge area
volume-to-capacity (vie) ratio. The vie ratio is a ratio of the volume estimated to be traveling in
lanes I and 2 of the freeway downstream of the on-ramp and the maximum desirable volume that
can be accommodated in these two lanes.
Table 3-1: Year 2004 Peak Hour Merge Area Operations - HCS Analysis Snmmary
Merge Area I Actual I Maximum I Ratio I Density I LOS
VR12 VR12
Alternative I
EB Immokalee Rd. to NB 1-75 r 4,090 T 4,600 I 0.89 I 28.5 I 0
WB Immokalee Rd. to NB 1-75 I 4,675 I 4,600 I 1.02 I 34.8 I F
Alternative 2
EB Immokalee Rd. to NB 1-75 I 4,090 I 4,600 I 0.89 I 29.2 I 0
WB Immokalee Rd. to NB 1-75 I 4,675 I 4,600 I 1.02 I 34.8 I F
Alternative 3
EB & WB Immokalee Rd. to NB 1-75 I 4,661 I 4,600 I 1.01 I 34.2 I F
Alternative 4
EB & WB Immokalee Rd. to NB 1-75 I 4,661 I 4,600 I 1.01 I 34.2 I F
Actual VR12 ::: The volume estimated to be traveling in lanes 1 and 2 of the freeway downstream of the on-ramp in
the ramp influence area (expressed in passenger cars I hour).
Maximum VR12 ::: The maximum desirable volume that can be accommodated in lanes 1 and 2 of the
freeway downstream of the on-ramp in the ramp influence area (expressed in passenger cars I hour).
Ratio::: (Actual VR12) I (Maximum VR12)
Density = The estimated density in the merge influence area (expressed in passenger cars I mile I lane).
LOS = Level of Service
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1-75 MAINLINE TRAFFIC OPERATIONS
Table 3-1 indicates that the first northbound 1-75 merge area in Alternatives I and 2 is projected
to operate at Level of Service 0 with average densities of 28.5 passenger cars/mile/lane
(pc/mi/ln) and 29.2 pc/mi/ln, respectively. The second 1-75 merge area is projected to operate at
Level of Service F with an average density of34.8 pc/mi/ln for both Alternatives 1 and 2.
Although the estimated density is within the Level of Service 0 range, the volume of traffic on
the 1-75 mainline in the ramp influence area exceeds the maximum desirable volume that can be
accommodated by approximately 2.0%.
Table 3-1 also indicates that Level of Service F operations would be expected to occur for the one
northbound [-75 merge area present with Alternatives 3 and 4. There is only a minor difference
in the merge area density projected to occur with Alternative 3 and 4 compared to the merge area
density projected to occur with Alternatives 1 and 2. An analysis of the existing northbound 1-75
on-ramp also indicates that Level of Service F conditions are occurring. In summary, all of the
mainline vehicles traveling northbound on 1-75 as well as all of the Immokalee Road vehicles that
access northbound 1-75 experience Level of Service F conditions after all of the on-ramp traffic
has merged with the mainline regardless of the number of on-ramps provided or the design speed
of the loop ramp. This result is due to the lack of adequate capacity on the existing 1-75 mainline
to accommodate current peak hour traffic volumes.
3.2 2014 MAINLINE OPERATIONS
The 2014 northbound 1-75 merge area operations analysis was conducted assuming three
mainline lanes on 1-75. The design of the six-lane improvement on 1-75 from Golden Gate
Parkway (in Collier County) to Daniels Parkway (in Lee County) is currently underway and
construction is scheduled for Fiscal Year 2008/2009. The results of the 2014 northbound 1-75
merge area analysis are summarized in Table 3-2
Both the first and second merge areas are projected to operate at Level of Service C in 2014 with
Alternatives I and 2. The average density in the second merge area is estimated to be 26.0
pc/mi/ln for both Alternatives 1 and 2. Level of Service C operations are also expected to occur
in the single merge area associated with Alternatives 3 and 4. If a 1,275-foot acceleration lane is
provided for this on-ramp the average density in the merge area is estimated to be 27.9 pc/mi/ln (a
7% increase compared to the average density estimated for the second merge area in Alternatives
I and 2).
16
10 F
SECTION 3.0
1-75 MAINLINE TRAFFIC OPERATIONS
Table 3-2: Year 2014 Peak Hour Merge Area Operations - HCS Analysis Summary
Merge Area Maximum LOS
VR12
EB Immokalee Rd. to NB 1-75 4,600 C
WB Immokalee Rd. to NB 1-75 4,600 C
EB Immokalee Rd. to NB 1-75 4,600 C
WB Immokalee Rd. to NB 1-75 4,600 C
EB & WB Immokalee Rd. to NB 1-75 4,600 C
EB & WB Immokalee Rd. to NB 1-75 4,600 C
Actual VR12 = The volume estimated to be traveling in lanes 1 and 2 of the freeway downstream of the on-ramp in
the ramp influence area (expressed in passenger cars I hour).
Maximum VR12 = The maximum desirable volume that can be accommodated in lanes 1 and 2 of the
freeway downstream of the on-ramp in the ramp influence area (expressed in passenger cars I hour).
Ratio = (Actual VR12) I (Maximum VR12)
Density = The estimated density in the merge influence area (expressed in passenger cars I mile 1 lane).
LOS = Level of Service
3.3 2024 MAINLINE OPERATIONS
The 2024 northbound 1-75 merge area operations analysis was also conducted assuming three
mainline lanes on 1-75. The results of the 2024 northbound 1-75 merge area analysis are
summarized in Table 3-3.
Table 3-3: Year 2024 Peak Hour Merge Area Operations - DCS Analysis Summary
Merge Area Maximum LOS
VR12
EB Immokalee Rd. to NB 1-75 4,600 C
WB Immokalee Rd. to NB 1-75 4,600 0
EB Immokalee Rd. to NB 1-75 4,600 C
WB Immokalee Rd. to NB 1-75 4,600 0
EB & WB Immokalee Rd. to NB [-75 4,600 0
4,600 C'
EB & WB Immokalee Rd. to NB 1-75 4,600 0
C'
Actual VR12 = The volume estimated to be traveling in lanes 1 and 2 of the freeway downstream of the on-ramp in
the ramp influence area (expressed in passenger cars I hour).
Maximum VR12 ;;; The maximum desirable volume that can be accommodated in lanes 1 and 2 of the
freeway downstream of the on-ramp in the ramp influence area (expressed in passenger cars I hour).
Ratio = (Actual VR12l1 (Maximum VR12)
Density;;; The estimated density in the merge influence area (expressed in passenger cars I mile I lane).
LOS = Level of Service
17
SECTION 3.0
1-75 MAINLINE TRAFFIC OPERATIONS
The first merge area (i.e., the eastbound Immokalee Road to northbound 1-75 loop ramp) is
projected to operate at Level of Service C in 2024 with both Alternatives I and 2. The average
densities in the merge area are estimated to be 26.5 pc/mi/ln and 27.2 pc/milln for Alternatives I
and 2, respectively. The second merge area (i.e., the westbound Immokalee Road to northbound
1-75 ramp) is projected to operate at Level of Service 0 with an average density of30.5 pc/mi/ln
for both Alternatives 1 and 2. Table 3-1 also indicates that the one northbound 1-75 merge area
provided with Alternatives 3 and 4 is projected to operate at Level of Service 0 in 2024.
Although the estimated value for the merge area density (33.1 pc/milln) is within the Level of
Service 0 density range, the volume of traffic estimated to be traveling in lanes 1 and 2 in the
ramp influence area exceeds the maximum desirable volume that can be accommodated by
approximately 2.0%.
A detailed review of the HCS analysis of Alternatives 3 and 4 indicates that the volume in lanes 1
and 2 is estimated to be 2,461 pc/hr. Since the total volume on the northbound 1-75 mainline
upstream of the on-ramp is 4,013 pc/hr, the HCS analysis indicates that only 1,552 pc/hr will be
traveling in lane 3 (i.e., the lane closest to the median). The HCS analysis also indicates that the
total volume in lanes 1 and 2 immediately downstream of the on-ramp is estimated to be 4,699
pc/hr or approximately 2,350 pc/hr/ln. Page 23-4 of the 2000 Highway Capacity Manual
indicates that the maximum service flow rates for Level of Service C and Level of Service E on a
70 mph freeway are 1,770 pclhr/ln and 2,400 pc/hr/ln, respectively. The results of the HCS
analysis suggest that 2,461 vehicles on northbound 1-75 will choose to experience Level of
Service F in the merge area while only 1,552 vehicles will choose to experience Level of Service
C. Since the northbound 1-75 mainline upstream and downstream of the on-ramp is operating at
Level of Service C and 0, respectively and an additional 200 pc/hr could travel in lane 3 and still
allow this lane to operate at Level of Service C, it appears that the HCS analysis has
overestimated the amount of congestion in the merge area." If the volume in lane 3 is 1,752 pc/hr
then the volume in lanes I and 2 upstream and downstream of the on-ramp would be 2,261 pc/hr
and 4,499 pc/hr, respectively, and the merge area density would be equal to 31.5 pc/mi/ln. This
volume distribution would result in Level of Service 0 operations for lanes I and 2 of the 1-75
mainline (in the merge area) and Level of Service C operations for lane 3 of the 1-75 mainline.
Although the results of the HCS analysis conducted for Alternatives 3 and 4 appear to have
overestimated the amount of congestion that would occur in the merge area, a second HCS
analysis was conducted for these two alternatives assuming a two-lane northbound on-ramp. The
two-lane northbound on-ramp analysis was conducted due to the following:
. The 2030 Ultimate Improvement Concept for the 1-75/lmmokalee Road interchange
includes a two-lane northbound 1-75 on-ramp;
. The 2024 peak hour volume estimated for the northbound 1-75 on-ramp is 2,248 pc/hr.
This volume exceeds the approximate capacity of a single lane ramp with a free flow
speed between 40 mph and 50 mph.
The results of the two-lane on-ramp analysis indicate that Level of Service C operations are
projected to occur in the merge area with an average density of24.2 pc/mi/ln. This average
density is slightly lower than the average densities estimated for the loop ramp merge with
Alternatives I and 2.
18
.lOr: '7
"',
SECTION 4.0
PRELIMINARY CONSTRUCTION COST ESTIMATES
4.0 PRELIMINARY CONSTRUCTION COST ESTIMATES AND
RIGHT OF WAY REQUIREMENTS
Preliminary construction cost estimates were developed for the four alternative interchange
improvement concepts. Construction quantities were first estimated for the following items:
. Clearing and Grubbing (acres);
. Roadway Excavation ( cubic yards);
. Embankment (cubic yards):
. Full Depth Asphalt Pavement (square yards)
. Asphalt Shoulders (square yards)
. Milling (square yards)
. Overlay (tons)
. Bridge Demolition (square feet)
. Bridge Construction (square feet)
. Retaining Walls (square yards)
. Barrier Walls (linear feet)
. Guardrail (linear feet)
. Curb and Gutter (linear feet)
The construction quantities were then multiplied by current unit prices obtained from District One
and added together. This subtotal was multiplied by 30% and used as an estimate for
maintenance oftraffic and mobilization. The maintenance of traffic and mobilization costs were
added to the construction quantity cost and this subtotal was then multiplied by 1.15 to account
for the cost of contingencies.
Tables 4-1 through 4-4 provide summaries of the construction quantities, unit prices and
construction costs estimated for Alternatives I through 4, respectively. The total construction
cost is estimated to range between approximately $3.23 million (Alternative I) and approximately
$4.91 million (Alternative 3).
Preliminary right-of-way requirements were also estimated for the four alternative interchange
improvement concepts. The number of acres of right-of-way required to construct the
interchange are summarized below:
. Alternative 1 - 3.32 acres
. Alternative 2 - 9.55 acres
· Alternative 3 - 10.74 acres
· Alternative 4 - 4.04 acres
It should be noted that the amount of right-of-way required for drainage purposes (i.e.,
attenuation, treatment) was not estimated as a part of this study; however, the construction ofthe
loop ramp in the southeast quadrant of the interchange will allow the infield area ofthe loop ramp
to be utilized as a storm water pond.
19
10 E
SECTION 4.0
PRELIMINARY CONSTRUCTION COST ESTIMATES
Table 4-1: Preliminary Conceptual Construction Cost Estimate - Alternative 1
Construction Item Quantitv Unit Price Cost
Clearing and Grubbing 9.63 acres $8,500.00 $81,855
Roadway Excavation 22,419 C.Y $3.00 $67,257
Embankment 40,154 C.Y $5.00 $200,770
Full Depth Asphalt Pavement 17,473 S.Y. $25.00 $436,831
Asphalt Shoulders 8,062 S.Y. $13.00 $104,803
Milling 29,263 S.Y. $4.00 $117,053
Overlay 1,609 Tons $65.00 $104,616
Bridge 4,980 S.F $120.00 $597,600
Bridge Demolition 1,530 S.F. , $20.00 $30,600
I
M.S.E. Walls 11,725 S.Y. I $25.00 $293,125
Barrier Wall 2,200 L.F. $45.00 $90,000
Guardrail (Remove & Reset) 1,100 L.F. $10.00 $11,000
Curb and Gutter 1,200 L.F. $20.00 $24,000
Sub-Total $2,159,510
Maintenance of Traffic 15% $323,927
Mobilization 15% $323,927
Sub-Total $2,807,000
Contingencies 15% $421,000
TOTAL $3,228,000
20
10 ,~
SECTION 4,0
PRELIMINARY CONSTRUCTION COST ESTIMATES
Table 4-2: Preliminary Conceptual Construction Cost Estimate - Alternative 2
I I
Construction Item i Quantitv U nit Price Cost
Clearing and Grubbing 15.5 acres $8,500.00 $131,750
Roadway Excavation 23,045 C.Y $3.00 $69,135
Embankment 68,734 C. Y $5.00 $343,670
Full Depth Asphalt Pavement 19,667 S.Y. $25.00 $491,675
Asphalt Shoulders 9,501 S.Y. $13.00 $123,515
Milling 29,263 S.Y. $4.00 $1l7,053
Overlay 1,609 Tons $65.00 , $104,616
Bridge 3,420 S.F $120.00 $410,400
Bridge Demolition 1,140 S.F. $20.00 $22,800
M.S.E. Walls 16,075 S.Y. $25.00 $401,875
Barrier Wall 2,000 L.F. $45.00 $99,000
Guardrail (Remove & Reset) I 1,100 L.F. $10.00 $11,000
Curb and Gutter I 1,200 L.F. $20.00 $24,000
i
Sub-Total $2,350,489
Maintenance of Traffic 15% $352,573
Mobilization 15% $352,573
Sub-Total $3,056,000
Contingencies .1 15% $458,000
TOTAL I , $3,514,000
21
SECTION 4.0
PRELIMINARY CONSTRUCTION COST ESTIMATES
10 E
Table 4-3: Preliminary Conceptual Construction Cost Estimate - Alternative 3
Construction Item Quantitv U nit Price Cost
Clearing and Grubbing 27.75 acres $8,500.00 $235,875
Roadway Excavation 37,419 C.Y $3.00 $112,257
Embankment 93,644 C. Y I $5.00 $468,220
i
Full Depth Asphalt Pavement 23,890 S.Y. I $25.00 $597,254
Asphalt Shoulders 12,88] S.Y. $]3.00 $]67,453
Milling 26,800 S.Y. $4.00 $107,200
Overlay 1,474 Tons $65.00 $95,810
Bridge 7,260 S.F $120.00 $87],200
Bridge Demolition 390 S.F. $20.00 $7,800
M.S.E. Walls 16,075 S.Y. $25.00 $40],875
,
Barrier Wall 4,152 L.F. $45.00 $186,840
Guardrail (Remove & Reset) I,]OOL.F. $10.00 $] ],000
Curb and Gutter 1,200 L.F. $20.00 $24,000
Sub-Total , $3,286,784
Maintenance of Traffic 15% I $493,0]8
Mobilization 15% $493,018
Sub-Total $4,272,820
Contingencies 15% I $640,923
TOTAL I $4,913,743
22
SECTION 4,0
PRELIMINARY CONSTRUCTION COST ESTIMATES
10 r:
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Table 4-4: Preliminary Conceptual Construction Cost Estimate - Alternative 4
Construction Item Quantitv Unit Price Cost
Clearing and Grubbing 15.35 acres $8,500.00 $130,475
Roadway Excavation 35,011 C.Y $3.00 $105,033
Embankment 77,998 C.Y $5.00 $389,990
Full Depth Asphalt Pavement 20,772 S.Y. $25.00 $519,310
Asphalt Shoulders 10,882 S.Y. $13.00 $141,467
Milling 26,800 S.Y. $4.00 $107,200
Overlay 1,474 Tons $65.00 $95,810
Bridge I 7,260 S.F $120.00 $871 ,200
Bridge Demolition I 390 S.F. $20.00 $7,800
M.S.E. Walls 12,525 S.Y. $25.00 $313,125
Barrier Wall 4,052 L.F. $45.00 $182,340
Gnardrail (Remove & Reset) 1,100 L.F. $10.00 $11,000
Curb and Gutter 1,200 L.F. $20.00 I $24,000
I
Sub-Total $2,898,750
Maintenance of Traffic 15% $434,813
Mobilization 15% $434,813
S ub- Total $3,768,000
ContinQencies 15% $565,000
TOTAL I $4,333,000
23
10
SECTION 5.0
RECOMMENDED ALTERNATIVE
5.0 RECOMMENDED ALTERNATIVE
A comparative evaluation was conducted for the four alternative interchange improvement
concepts. As discussed in Section 3.0 of this report, acceptable levels of service are projected to
occur on the northbound 1-75 mainline with all four of the alternative concepts. Consequently,
the comparative evaluation was conducted based on the following evaluation criteria:
. Number of new access points provided on the northbound [-75 mainline;
. Approximate shift in the northbound 1-75 off-ramp and on-ramp gore locations:
. Estimated total construction cost; and
. Estimated right-of-way required for interchange construction.
The specific values for each of the evaluation criteria are summarized in Table 5-1.
Table 5-1: Alternatives Evaluation Matrix
No. of New Estimated Construction ROW
Alternative Access Points Shift in Gore
Provided' Locations2 Cost Requirements
NB off-ramp
I I (100 ft. south) $3,228,000 3.32 acres
NB on-ramp
(100 ft. north)
NB off-ramp
2 I (630 ft. south) $3,514,000 9.55 acres
NB on-ramp
(No shift req'd)
NB off-ramp
3 0 (680 ft. south) $4,913,743 10.74 acres
NB on-ramp
(! 00 ft. north)
NB off-ramp
4 0 (160 ft. south) $4,333,000 4.04 acres
NB on-ramp
(100 ft. north)
1 On the northbound 1-75 mainline. No additional access points are provided on the southbound 1-75 mainline.
2 For the northbound 1-75 on-/off-ramp ramps. No shifts in gore locations are required for the southbound on-/off-
ramps.
As indicated in the table, one additional access point (Le., on-ramp) would be provided on the
northbound 1-75 mainline with Alternatives I and 2 while no additional access points would be
provided on the northbound 1-75 mainline with Alternatives 3 and 4. Although the HCS analysis
results indicate that the implementation of an additional on-ramp is not expected to result in an
unacceptable level of service on 1-75, the additional on-ramp does have the potential to increase
the turbulence on the mainline (especially in the outside through lane). In addition, even though
an acceleration lane of adequate length can be provided for the loop ramp vehicles to accelerate
from the design speed ofthe loop (either 30 mph or 35 mph) to the design speed of the mainline
(70 mph), the potential does exist for on-ramp vehicles to attempt to merge into the outside
through lane on the [-75 mainline at speeds significantly lower than the mainline vehicle speeds,
thus, increasing the potential for accidents to occur.
24
SECTION 5.0
RECOMMENDED ALTERNATIVE
Alternatives 3 and 4 offer the potential for minimizing the turbulence experienced by 1-75
mainline vehicles and provide additional time and distance for loop ramp vehicles to accelerate
prior to merging with the mainline vehicles. With Alternatives 3 and 4, the distance between the
point of tangency (PT) of the loop ramp and the beginning of the physical gore on the 1-75
mainline is approximately 1,700 feet and 1,600 feet, respectively.
A comparison of the construction cost estimates and right-of-way requirements associated with
Alternatives 3 and 4 indicates that Alternative 4 is estimated to cost approximately $581,000 less
to construct than Alternative 3 and require approximately 6.7 less acres of right-of-way. Since
both the right-of-way requirements and construction costs are lower with Alternative 4 than with
Alternative 3, and there are no appreciable differences between these two alternatives with
respect to the future traffic operations on the 1-75 mainline, it is recommended that Alternative 4
be approved by the Federal Highway Administration (FHW A).
25
10' . :-.
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SECTION 6.0
1-75 RAMP TERMINAL INTERSECTION OPERATIONS
10
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6.0 1-75 RAMP TERMINAL INTERSECTION OPERATIONS
Additional traffic operations analyses were conducted for the Recommended Alternative
(Alternative 4) to document the impact that the proposed interchange improvements are projected
to have on Immokalee Road. The traffic operations analyses were conducted for both ramp
terminal intersections as well as the Immokalee RoadINorthbrooke Drive intersection using the
SYNCHRO and SimTraffic software. Analyses were conducted for the following years and
interchange configurations:
. Year 2004 - Existing Diamond Interchange Configuration with Existing Immokalee
Road Laneage
. Year 20 I 4 - Existing Diamond Interchange Configuration with Immokalee Road
Improvements
. Year 2014 - Recommended Loop Ramp Alternative with Immokalee Road
Improvements
. Year 2024 - Existing Diamond Interchange Configuration with Immokalee Road
Improvements
. Year 2024 - Recommended Loop Ramp Alternative with Immokalee Road
Improvements
The 2014 and 2024 analyses were conducted for both the existing diamond interchange
configuration as well as the recommended loop ramp alternative to document the differences in
traffic operations (Le., capacity, delay, level of service) projected to occur with the proposed
improvement.
The 2014 and 2024 analyses were conducted assuming that Immokalee Road would be widened
to six lanes both east and west of the ramp terminal intersections. Final design plans have already
been prepared for the portion of Immokalee Road from Airport-Pulling Road to the southbmmd
1-75 on-/off-ramps while the six-Ianing ofImmokalee Road from the northbound 1-75 on-/off-
ramps to CR 951 is planned to be a design-build project and will be advertised later this year.
The 2014 and 2024 analyses conducted for the recommended loop ramp alternative also include
six through lanes (three lanes in each direction) between the 1-75 ramp terminal intersections (i.e.,
under the 1-75 bridge) as depicted previously in Figure 2-5. The 2014 and 2024 analyses
conducted for the diamond interchange configuration do not include six through lanes between
the ramp terminal intersections. Due to the locations of the existing bridge piers, there is
insufficient space available underneath 1-75 to provide any additional through lanes on
Immokalee Road. The following sections discuss the results of these traffic operations analyses.
6.1 2004 INTERSECTION OPERATIONS
The 2004 peak hour SYNCHRO and SimTraffic analyses conducted for the existing diamond
interchange are summarized in Table 6-1. The volume-to-capacity (v/c) ratios, average delays
(expressed in terms of seconds/vehicle) and levels of service estimated with the use of the
SYNCHRO software are included in Table 6-1. The SYNCHRO analysis results indicate that the
west side of the interchange is operating at Level of Service C with a v/c ratio of 0.65 and an
average delay of25.8 seconds/vehicle while the east side of the interchange is operating at Level
of Service B with a v/c ratio of 0.74 and an average delay of 18.4 seconds/vehicle.
26
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SECTION 6.0
1-75 RAMP TERMINAL INTERSECTION OPERATIONS
10
The SYNCHRO input and output data was automatically exported into the SimTraffic software
and this software was used to simulate the 2004 peak hour interchange operations. SimTraffic is
a stochastic model that randomly assigns vehicles to the study area roadway network prior to the
beginning of the simulation time period. Consequently, it is recommended that SimTraffic be run
multiple times using different initial network "loadings" and the simulation output data should be
averaged to eliminate the potential for obtaining biased (skewed) results based on a single
abnonnal initial network loading. The 2004 peak hour simulation analysis was conducted seven
times using different random seed numbers to "generate" different initial study area network
vehicle loadings. The total delays (expressed in hours) and average vehicle delays (expressed in
seconds/vehicle) estimated from each of the seven SimTraffic simulations were averaged and
these average values are provided in Table 6-1. Since SimTraffic does not provide level of
service as part of its output, the levels of service were detennined based on the average vehicle
delay criteria documented on page ]6-2 of the 2000 Highway Capacity Manual.
Table 6-] indicates that the average overall intersection delays estimated from the SimTraffic
analysis are very close to the average overall intersection delays estimated from the SYNCHRO
analysis for both the west side and east side of ramp tennina] intersections. However, it should
be noted that although the analysis results indicate that the ramp tennina] intersections are
operating at acceptable levels of service, recent peak hour field reviews conducted during peak
season indicate that this interchange is experiencing larger delays than those summarized in Table
6-1.
6.2 2014 INTERSECTION OPERATIONS
The 2014 peak hour SYNCHRO and SimTraffic analyses conducted for the diamond interchange
configuration and the recommended loop ramp interchange are summarized in Tab]e 6-2. The
SYNCHRO analysis results indicate that the west side ramp tenninal intersection is projected to
operate at Level of Service D with an average overall delay of37.8 seconds/vehicle for the
diamond interchange configuration and at Leve] of Service C with an average overall delay of
29.5 seconds/vehicle for the recommended loop alternative. The SYNCHRO analysis results also
indicate that there is a more significant difference in the projected operations at the east side ramp
tenninal. This intersection is projected to operate at Level of Service C with an overall average
delay of25.9 seconds/vehicle with the diamond interchange and at Leve] of Service B with an
overall average delay of 12.4 seconds/vehicle with the recommended loop alternative. The
SimTraffic analysis results provided in Table 6-2 indicate that even larger differences in overall
average delay are projected to occur with these two interchange configurations.
28
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SECTION 6.0
1-75 RAMP TERMINAL INTERSECTION OPERATIONS
10 E
6.3 2024 INTERSECTION OPERATIONS
Table 6-3 summarizes the 2024 peak hour SYNCHRO and SimTraffic analyses conducted for the
diamond interchange and the recommended loop ramp alternative. The SYNCHRO analysis
results indicate that the diamond interchange west side ramp terminal intersection is projected to
operate at Level of Service E overall with an average vehicle delay of 56.0 seconds/vehicle while
the east side ramp terminal intersection is projected to operate at Level of Service 0 overall with
an average vehicle delay of 50.5 seconds/vehicle. Although the overall Level of Service on the
east side of the interchange is 0, the following four movements are projected to operate at Level
of Service E or F:
. Eastbound left-turn (LOS F):
. Westbound through (LOS E);
. Northbound left-turn (LOS F); and
. Northbound right-turn (LOS E)
In contrast, the loop ramp alternative is projected to result in Level of Service 0 operations
overall for the west side ramp terminal intersection and Level of Service B operations overall for
the eastside ramp terminal intersection. The overall average vehicle delays are projected to be
51.2 seconds/vehicle and 14.1 seconds/vehicle for the west side and east side respectively. It
should also be noted that the overall v/c ratios for the diamond interchange ramp terminal
intersections are estimated to be equal to or greater than 1.00. This indicates that the diamond
interchange is at or over capacity. Any additional increases in traffic volume will likely result in
significant operational problems (i.e., large increases in delay, long vehicle queues) occurring at
this interchange. The overall v/c ratios for the loop ramp alternative are estimated to be 0.99
(west side) and 0.68 (east side). This indicates that the loop ramp alternative offers the potential
to accommodate additional increases in traffic volume above the level projected for the year
2024.
The SimTraffic analysis results also indicate that four movements on the east side of the diamond
interchange are projected to operate at Level of Service E or F in 2024. Only one movement on
the east side of the interchange (the northbound left-turn) is projected to operate at Level of
Service E or Fin 2024 with the loop ramp alternative. Lastly, the loop ramp alternative is
projected to result in significantly less total delay than the diamond interchange within the
interchange area. The total delay estimated for the diamond interchange is 158.0 hours while the
total delay estimated for the loop ramp alternative is 82.6 hours. This represents almost a 48%
reduction in total hours of vehicle delay.
30
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SECTION 7.0
SUMMARY
7.0 SUMMARY
The interchange improvements provided with Alternative 4 are not expected to result in any
negative impacts to the 1-75 mainline operations and will not add any new access points on the
mainline. The provision of a loop ramp in the southeast quadrant of the 1-75fImmokalee Road
interchange is expected to have a significant positive impact on the traffic operations at the ramp
terminal intersections. This improvement will facilitate the six-Ianing ofImmokalee Road
underneath 1-75 without the need for constructing a new bridge and therefore, represents an
extremely cost-effective interchange improvement that should be implemented.
32
"0
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lOE
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 dOCllm~nls should be hand delivered to the Board Ollicc. rhi:: completed routing slip and nriginal
documents are to be fi.lrwarded to the Board Of11ce 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 inli.mnation needed. [rlhe document is already complete with the
cxccntion of the Chairman '5 sif':naturc, draw a line throuoh routing lines # 1 through #4, complete the checklist. and forward to Sue Filson (line #5)
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5.
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in tht.' even! one of the addressees ahove, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to he delivered to the 13CC office only aner the BCC has aeted to approve the
item)
Name of Primary Statl Nick Casalanguida Phone Number 417-6064
Contact
Agenda Date Item was February 27, 2007 Agenda Item Number 10E
Approved by tbe BCC
Type of Document Executed Memorandum of Agreement for 1- Number of Original Two (2)
Attached 75 @ Immokalee overpass interchange Documents Attached
improvement (FM# 420655 1 52 01)
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
I. Original document has been signed/initialed for legal sut1iciency. (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 Omce and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are rc uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BeC omce within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6. The document was approved by the BCC on Fehruarv 27. 2007 (enter date) and all DLS
changes made during the meeting have been incorporated in the attached document.
The Count Attorne 's Office has reviewed the chao es, if a licable.
Yes N/A(Not
(Initial) A licable)
DLS
gty <
DLS
DLS
DLS
DLS
Forms/ County Forms/ Bee: Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
lOE
MEMORANDUM
Date:
April 26, 2007
To:
Nick Casalanguida, Planning Manager
Transportation Planning
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Executed Memorandum of Agreement for 1-75 @
Immokalee overpass interchange improvement (FM#420655
15201)
Enclosed please find one (1) original of the document as referenced above
(Agenda Item #10E), approved by the Board of County Commissioners on
Tuesday, February 27, 2007.
The Minutes & Records Department has kept the original document/agreement
for the public record.
If you should have any questions, please call me at 774-8411.
Thank you.
Enclosure
~
lOe
1...
Florida Department of Transportation
CHARLIE CRIST
GOVERNOR
April ]3,2007
STEPHANIE C. KOPELOllSOS
SECRETARY
Mr. Donald Scott, A]CP,
Director Transportation Planning
Collier County
2885 South Horseshoe Drive
Naples, Florida 34]04
RECEIVED
APR 1 4 2007
Transporfation Sarvlces Division
Re: Executed Memorandum of agreement (MOA) for
1-75 @ Immoka]ee overpass interchange improvement
(FM# 42065515201)
Dear Mr. Scott:
Enclosed are two (2) fully executed Memorandum of Agreements (MOA) for your records on
above referenced project.
Deposit from County received in FDOT Comptroller's office on 4/3/07.
]1' you have any questions, please feel free to contact me at (239) 46]-4300.
Sincerely,
aren A. Miracola
District LF A/JP A Coordinator
Enclosure
Cc: Nick Casalanguida, Planning Manager
Kay Luongo, Grants Coordinator
Charmaine Small, LF A Accountant, MS-42B
Bill Jones, Project Manager, MS ]-40
District One. Southwest Area Office
2295 Victoria Avenue*Post Office Box 1030*Fort Myers, FL 33902-1030
(239) 461-4300 *(239) 338-2353 (Fax)*MS J-98
www.dot.state.tl.us
IDE
MOA COLLIER COUNTY
FINANCIAL PROJECT NUMBER: 420655 1 5201
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this d- (.,TIf , day of M4RO./ , 200t,by and
between the State of Florida, Department of Transportation (hereinafter, "FDOT") and the State of
Florida, Department of Financial Services, Division of Treasury and COLLIER COUNTY
(hereinafter, "COUNTY").
WITNESSETH
I. WHEREAS, "FDOT" is currently constructing the following project (hereinafter referred to as
the "Project"):
FINANCIAL PROJECT NUMBER: 420655 I 5201
COLLIER COUNTY
2. WHEREAS, FDOT and the COUNTY entered into a Locally Funded Lump Sum Agreement
dated ~~H...70dOO'1-, wherein FDOT agreed to perform certain work on behalf of the
COUNTY in conJunction with the Project.
3. WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best
interest of the FDOT and the COUNTY to establish an interest bearing escrow account to
provide funds for the work performed on the Project on behalf ofthe COUNTY by the FDOT.
NOW THEREFORE, in consideration ofthe premises and the covenants contained herein,
the parties agree to the following: (\'j, l ~ c""
,t .~ "I'
'-l ',' FOVR
1. A lump deposit in the amount of $1-6;521,450.00 (SIXn:r::# MILLION FIVE HUNDRED
TWENTY-ONE THOUSAND FOUR HUNDRED FIFTY DOLLARS) will be made by the
COUNTY into an interest bearing escrow account established by the FDOT for the purposes of
the Project. Said escrow account will be opened with the Department of Financial Services,
Division of Treasury , Bureau of Collateral Management on behalf ofthe FDOT upon receipt of
this Memorandum of Agreement. Such account will be an asset ofFDOT.
2. All deposits shall be made payable to the DEPARTMENT OF FINANCIAL SERVICES,
REVENUE PROCESSING and mailed to the FDOT Office of Comptroller for appropriate
processing at the following address:
Florida Department of Transportation
Office of Comptroller
605 Suwanee Street
Mail Station 42B
Tallahassee, Florida 32399
A TTN: LF A Section
lOr
MOA COLLIER COUNTY
FINANCIAL PROJECT NUMBER: 420655 I 5201
Page 2 of2
3. The FDOT'S Comptroller and/or her designees shall be the sole signatories on the escrow
account with the Department of Financial Services and shall have sole authority to authorize
withdrawals from said account.
4. Unless instructed otherwise by the parties hereto, all interest accumulated in the escrow account
shall remain in the account for the purposes of the project as defined in the LF A.
5. The Department of Financial Services agrees to provide written confirmation of receipt of funds
to the FDOT.
e Department of Fimu;cial Services further agrees to provide periodic reports to the FDOT.
ST~TE F FLORl~\\l:h-. STATE OF =~ Wk
DEPARTMENT OF TRANSPORTATION DEPARTMENT OF FINANCIAL SERVICES
COMPTROLLER DIVISION OF TREASURY
COLLIER COUNTY REPRESENTATIVE
SIGNATURE:
.~..>2---? -
COLLIER COUNTY REPRESENTATIVE
NAME & TITLE:
Frank Halas, Chairman
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
COLLIER COUNTY REPRESENTATIVE
ADDRESS:
3301 East Tamiami Trail
Naples, FL 34112
FEDERAL EMPLOYEE ID NUMBER:
6 '1- (p CJeo s.:> y'
~>>-If~a~ lufflClenCJ
Assistant County Attorney
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RESOLUTION NO. 07.51
A RESOLUTION PURSUANT TO SECTION 129.03, FLORIDA STATUTES,
REQUIRING THE FY 07 TENTATIVE BUDGETS OF THE SHERIFF, THE CLERK
OF THE CIRCUIT COURT AND THE SUPERVISOR OF ELECTIONS TO BE
SUBMITTED TO THE BOARD OF COUNTY COMMISSIONERS BY MAY 1,2007.
WHEREAS, Chapter 129, Florida Statutes, addressing the County annual budget,
provides specifically in Section 129.03, Florida Statutes, that the Board of County
Commissioners may, by resolution, require the tentative budgets of the Sheriff, the Clerk of
the Circuit Court and the Supervisor of Elections to be submitted by May 1 of each year.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, pursuant to Section 129.03,
Florida Statutes, that the Sheriff, the Clerk of the Circuit Court and the Supervisor of
Elections of the County of Collier, Florida, are hereby required to submit their respective
tentative budgets for the FY 08 fiscal year to the Board of County Commissioners by May 1,
2007.
This Resolution shall be effective upon its adoption,
This Resolution adopted this 27th day of February, 2007, after motion, second and
majority vot~ f~xotjng same.
,~ . l"~ r i ;;,
A TrEST:
DWIGHT..~. 13~OCK, ~IJ3RK
JA
By:
,..
l b (--:;
Item #
AgendaJ" d.l-o\
Date
04-MBG-Ol098/3
Date ~,,\ -Dl
Reed ....J
lOR
DOCUMENT NOT RECEIVED IN
THE CLERK TO THE BOARD OFFICE
AS OF MARCH 19, 2008.
101
MEMORANDUM
Date:
March 7, 2007
To:
Linda Jackson Best, Contract Specialist
Purchasing Department
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Contract No. 07-4092, "SAP Upgrade Project"
between Collier County and LSI Consulting, Inc.
Enclosed please find three (3) original contracts, as referenced above,
(Agenda Item #101) approved by the Board of County Commissioners
on Tuesday, February 27, 2007.
Please forward the documents to the appropriate parties for their records.
The Finance Department and the Minutes & Records Department have
also retained an original.
If you should have any questions, please contact me at 774-8406.
Thank you.
Enclosures (3)
'FILE NO.:
DATE RECEIVi;p:,,_ {)\..- I -1":'
i,j, llGL '-- I r II-
\,;OUNTY ATTORNE\'
101
, ITEM NO,:
ROUTED TO:
07- fl?c- oob'! I
Z007FEB28 PM4:54
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date: Wednesday, February 28, 2007
To: Office of the County Attorney
Attention: Robert Zachary
~t
(j \ \
iJ
From: Linda Jackson Best, Contract Specialist
Purchasing Department, Extension 8990
Re: Review of Contract No. 07-4092, "SAP Upgrade Project"
BACKGROUND OF REQUEST:
The Contract was approved by the BCC on February 27,2007; Agenda Item
( 10)(1 ),
This item has not been previously submitted.
ACTION REQUESTED: Please review the contract for legal
sufficiency, after execution by the County Attorney's office, please
forward to the BCC for final execution.
OTHER COMMENTS:
3/s-/07- ~~ ~ &I. JL Wdf ~ ~cf ~
~54-.
cc-~
~-7,-D(
101
" )
MEMORANDUM
TO:
Wayne Fiyalko
Risk Management Department
FROM:
,
\
Linda Jackson Best, Contract Specialist j1 \f)
Purchasing Department .....,<j'\ J
DATE: Wednesday, February 28,2007
)
RE: Review of Insurance Certificate for Contract No, 07 -4092, "SAP
Upgrade Project"
The Contract was approved by the BCC on February 27,2007; Agenda Item
( 10)(1),
Please review the Insurance Certificate in this Agreement for the
above-referenced contract. If everything is acceptable, please forward to the
County Attorney for further review and approval. Please advise me when it
has been forwarded,
If you have any questions, please contact me at extension 8990,
Thank you.
-'/~il-/o~ 'R\~~'
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cc: Joanne Markiewicz, Operations Manager, Purchasing Department
Division of Corporations
101
Page 1 of 1
LSI CONSULTING
1400 MAIN STREET
WALTHAM, MA 01890
Document Number
G07033900278
Status
ACTIVE
Date Filed
02/02/2007
Expiration Date
12/31/2012
Current Owners
000000001
County
MOL TIPLE
Total Pages
000000001
Events Filed
000000000
FEI Number
04-3419715
No Filing History
l]i:~':::::::::~:~~~~~~'~~:;~~:I~~I!j~:~I:;~~i:~:;!::
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..,..........,..........................."".""""""""'''.....''''''..,..j
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tJ!'!!~:~:::.:~::::::::.;:~:~~:::~:~:,:.~!::::::!:::::::!:::::::1::!:!::::!!!!~11
Owner Information
I Name & Address II FEI Number II Charter Number I
LABYRINTH SOLUTIONS INC. I II I
1400 MAIN STREET 04-3419715 F04000004762
W AL THAM, MA 01890
Document Images
Listed below are the images available for this filing.
IG07033900278 -- 02/02/2007 -- Fictitious Name Filing
THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
~.~.:_7:~~~~.:_:,::.:::::::;;,:;;:::::::;:=,:::::_~,:-,:..,....,.__.",.,~,~~.,.-".m._._.^'__,.__.._._,~~"."..',.,"'..'~c,'.N
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(,
http://www.sunbiz,org/scripts/ficidet.exe?action=D ETREG&docnum=G07033 900278&rdocnum=G07033... 2/5/2007
Division of Corporations
101
Page 1 of2
J ~
Foreign Profit
LABYRINTH SOLUTIONS INC.
1.,._w._._,______.w.__'__..n~_~~~~.,_Mw__._._.,. _."...,.~~,,~ W~'_".' ...wm.._.n~..~-n 'u,",',Y' '0
PRlNCIP AL ADDRESS
1400 MAIN STREET
W AL THAM MA 02451
Changed 01/31/2007
1.,_,."",_ _wu."____.'__~._m~..~'~~ _.,~.~w.____.__"~..~.'="n'~~"
MAILING ADDRESS
1400 MAIN STREET
WALTHAM MA 02451
Changed 01/31/2007
Document Number
F04000004762
FEI Number
043419715
Date Filed
08/16/2004
State
MA
Status
ACTIVE
Effective Date
NONE
Registered Agent
Name & Address
CORPORA nON SERVICE COMPANY
1201 HAYS STREET
TALLAHASSEE FL 32301-2525
\-...,....
I Name & Address II Title I
ROBERTS, BARRY 8
71 GIFFORD WAY
DUXBURY MA 02332 US
SMITH, STEPHEN 8
18 CANTERBURY LANE
GROTON MA 01450 US
JAJODIA, SHY AMAL [:]
8 ONEIDA ROAD
WINCHESTER MA 01890 US
I II I
Officer/Director Detail
http://www.sunbiz.org/scripts/cordet.exe?a1 =DETFIL&n 1 =F04000004 7 62&n2=N AMFWD&n3=0000&n... 2/2/2007
Division of Corporations
10 I Pag~2 of2
ROACH, STEPHEN
48 SPEAR STREET
L:J
MELROSE MA 02176 US
ua epo S
I Report Year II Filed Date I
I 2005 " 02/17/2005 I
I 2006 /I 01/20/2006 I
I 2007 II 01/31/2007 I
Ann IR rt
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~;!:'::lli~j~':~!!i!'ij~i'iii!':!il:
No Events
No Name History Information
~...- "
Document Images
Listed below are the images available for this filing.
01/31/2007 -- ANNUAL REPORT
01/20/2006 -- ANNUAL REPORT
02/17/2005 -- ANNUAL REPORT
08/16/2004 -- Foreign Profit
THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
f""...,........_...,..
http://www,sunbiz.org/scripts/cordet.exe?al =D ETFIL&n 1 = F04000004 7 62&n2=NAMFWD&n3=0000&n... 2/2/2007
101
nell k
From:
Sent:
To:
Subject:
BestLinda
Monday, March 05, 2007 3:52 PM
nelLk
RE: LSI Signatory
I was advised as such in my initial training about 5 years ago, sorry, I don't know who from CAO advised us,
From:
Sent:
To:
Subject:
nell_k
Monday, March 05, 2007 3:49 PM
BestLinda
RE: LSI Signatory
I was looking for a specific name of someone from this office who gave you this information. It is
important that this office give your department correct information and, as often as possible, be
consistent with our policies, If you can track down the name of someone from this office who gave
you this information, it would be helpful. If this office's policy once was to allow signatories of those
who were not officers of a corporation, I would like to discuss the matter with that person to gain
some insight.
Maybe I should clarify: I am not saying that someone who is a secretary or a director of a corporation
does not have the authority to execute contracts on behalf of a corporation; just that the County
needs evidence from the corporation that they have been given such authority. If, however, they are
listed as an officer, their authority to execute is automatically accepted,
We're still trying to catch up with Robert Zachary to discuss this matter further, We'll let you know
whether there is any change to our existing policy,
Thank you,
Kay
From:
Sent:
To:
Cc:
Subject:
BestLinda
Monday, March 05,20073:21 PM
nell_k
zachary _r; GreeneColleen
RE: LSI Signatory
Kay,
At one point in time, the County Attorney's Office (CAO) looked up all corporations on line for signatory; Purchasing took
this over to save the CAO time, we were advised by the CAO all personnel listed under Officer/Director Detail have
signatory authority, ie, everyone under this category can sign for the company,
Linda
From:
Sent:
To:
Subject:
nelLk
Monday, March 05, 2007 3:06 PM
BestLinda
RE: LSI Signatory
Who told you that?
1
101
From:
Sent:
To:
Cc:
Subject:
Thank you, Kay,
BestLinda
Monday, March OS, 20073:05 PM
nell_k
GreeneColleen; zacharyJ
RE: lSI Signatory
I have never run into a situation such as this, "usually" all personnelllisted on the Florida Corporations are considered to
have signatory rights.
Linda
From:
Sent:
To:
Cc:
Subject:
nelLk
Monday, March OS, 2007 2:16 PM
BestLi nda
GreeneColleen; zachary_r
RE: lSI Signatory
Colleen met with me and asked me about the general rule of who is authorized to execute contracts
on behalf of a company/corporation. This office has always maintained the rule that a President,
Vice President or a Chief Executive Officer (CEO) are the officers authorized to sign contracts, This
is the principle of law that has evolved from conveyances of land documents to include all kinds of
contracts. If a person executing a contract is not an officer, then it is our obligation to ensure that the
person executing a contract has the authority to sign on behalf of the company.
Despite the above, Colleen and I will discuss this matter further with Robert Zachary and will get back
to you soon,
Xay NeCf, CLJ\
CoCfier County J\ttorney's Office
Te(eyhone Number (239)774-8400
jax Number (239)774-0225
From:
Sent:
To:
Cc:
Subject:
BestLinda
Monday, March 05,20071:54 PM
nell_k
zachary_r; GreeneColleen
lSI Signatory
Kay,
I have discussed your comments regarding the signatory authority with Steve Smith from LSI, he is on the Board of
Directors as the Secretary, he is a major stock holder and has no one above him, he is a Managing Partner of the
organization and is one of four (4) with signatory authority (all four (4) are listed on the Florida Corporations web page),
Does the County Attorney's office need a resolution from LSI's Board that proves he is a signatory for the company in
addition to the Florida Corporations identifiying him as an Officer/Director?
Thank you.
Linda
2
10J
AGREEMENT No. 07-4092
for
SAP Upgrade Project
THIS AGREEMENT, made and entered into on this 27th day of February 2007, by and between Labyrinth
Solutions, Inc. d/b/a LSI Consulting, authorized to do business in the State of Florida, whose business address
is: 1400 Main Street, Waltham, MA 02451 hereinafter called the "'Consultant" and Collier County, a political
subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County":
WITNESSETH:
1. COMMENCEMENT, This Agreement shall commence after receipt of the Notice to Proceed, in the form
of a letter from the Contract Manager.
The contract shall be for a two (2) year period, commencing on March 5, 2007, and terminating on March
4, 2009,
The County may, at its discretion and with the consent of the Consultant, extend the Agreement under all
of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods, The
County shall give the Consultant written notice of the County's intention to extend the Agreement term
not less than ten (10) days prior to the end of the Agreement term then in effect,
2, STATEMENT OF WORK. The Consultant shall provide the SAP Upgrade in accordance with the terms
and'csmditions of RFP #07-4092, "SAP Upgrade Project" and the Consultant's proposal referred to herein
and made an integral part of this agreement.
Additional services may be added to this contract upon satisfactory negotiation of price by the Contract
Manager and Consultant.
3. THE CONTRACf SUM. The County shall pay the Consultant for the performance of this Agreement an
estimated maximum amount of one million, two hundred thousand nine, nine hundred and ninety nine
($1,209,999.00), dollars based on the prices set forth in Exhibit B, Billing Milestones and Project
Deliverables, hereto attached and made an integral part of this agreement, subject to Change Orders as
approved in advance by the County, Payments shall be made to the Consultant not more frequently than
once per month.
Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70 F,S,
otherwise known as the "Florida Prompt Payment Act",
Travel expenses shall be reimbursed at the rates as per Section 112,061 Fla, Stats, Reimbursements shall
be at the following rates:
Milea e
Breakfast
Lunch
Dinner
Airfare
Rental car
Lod '
Parkin
Taxi or Air ort Limousine
er mile
Page 1 of 16
101
Reimbursable items other than travel expenses shall be limited to the following: telephone long-distance
charges, fax charges, photocopying charges and postage. Reimbursables will be paid only after
Consultant has provided all receipts. Consultant shall be responsible for all other costs and expenses
associated with activities and solicitations undertaken pursuant to this Agreement.
4, NOTICES. All notices from the County to the Consultant shall be deemed duly served if mailed or faxed
to the Consultant at the following Address:
Labyrinth Solutions, Ine. d/b/a LSI Consulting, Ine.
1400 Main Street
Waltham, MA 02451
Attention: Stephen M. Smith
Managing Partner
FAX: 617-507-5628
All Notices from the Consultant to the County shall be deemed duly served if mailed or faxed to the
County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attn: Steve Carnell
Director of Purchasing and General Services
FAX: 239-732-0844
The Consultant and the County may change the above mailing address at any time upon giving the other
party written notification. All notices under this Service Agreement must be in writing.
5, NO PARTNERSHIP, Nothing herein contained shall create or be construed as creating a partnership
between the County and the Consultant or to constitute the Consultant as an agent of the County.
6, PERMITS: LICENSES: TAXES, In compliance with Section 218,80, F.S., all permits necessary for the
prosecution of the Work shall be obtained by the Consultant. Payment for all such permits issued by the
County shall be processed internally by the County, All non-County permits necessary for the
prosecution of the Work shall be procured and paid for by the Consultant. The Consultant shall also be
solely responsible for payment of any and all taxes levied on the Consultant. In addition, the Consultant
shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S,
Government now in force or hereafter adopted, The Consultant agrees to comply with all laws governing
the responsibility of an employer with respect to persons employed by the Consultant.
7. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to use in any manner
whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in
violation of any federat state, county or municipal ordinance, rule, order or regulation, or of any
governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such
violation by the Consultant or if the County or its authorized representative shall deem any conduct on
the part of the Consultant to be objectionable or improper, the County shall have the right to suspend the
contract of the Consultant. Should the Consultant fail to correct any such violation, conduct, or practice to
the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation,
conduct, or practice, such suspension to continue until the violation is cured, The Consultant further
agrees not to commence operation during the suspension period until the violation has been corrected to
the satisfaction of the County,
Page 2 of 16
lu
8, TERMINATION. Should the Consultant be found to have failed to perform his services in a manner
satisfactory to the County as per this Agreement, the County may terminate said agreement immediately
for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written
notice. The County shall be sole judge of non-performance.
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. 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,
9. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination as to race, sex,
color, creed or national origin,
10, INSURANCE. The Consultant shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall
include Premises and Operations; Independent Consultants; Products and Completed Operations
and Contractual Liability,
B, Business Auto Liability: Coverage shall have rrurumum limits of $500,000 Per Occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability, This shall
include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership,
C. Workers' COlupensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws,
The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each
accident.
Special Requirements: Collier County shall be listed as the Certificate Holder and included as an
Additional Insured on the Comprehensive General Liability Policy.
Current, valid insurance policies meeting the requirement herein identified shall be maintained by
Consultant during the duration of this Agreement. Renewal certificates shall be sent to the County
thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the
County in the event of cancellation or modification of any stipulated insurance coverage.
Consultant shall insure that all subConsultants comply with the same insurance requirements that
he is required to meet. The same Consultant shall provide County with certificates of insurance
meeting the required insurance provisions,
11, INDEMNIFICATION. To the maximum extent permitted by Florida law, the Consultant shall indemnify
and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses
and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused
by the negligence, recklessness, or intentionally wrongful conduct of the Consultant or anyone employed or
utilized by the Consultant in the performance of this Agreement. This indemnification obligation shall not
be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to
an indemnified party or person described in this paragraph,
This section does not pertain to any incident arising from the sole negligence of Collier County,
12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by
the Purchasing Department.
13, CONFLICT OF INTEREST: Consultant represents that it presently has no interest and shall acquire no
Page 3 of 16
IOJ
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,
14. COMPONENT PARTS OF THIS CONTRACT, This Contract consists of the attached component
parts, all of which are as fully a part of the contract as if herein set out verbatim: RFP #07-4092, SAP
Upgrade Project; Consultant's Proposal, Insurance Certificate, Consultants Additional Statement of Work
Clarifications, Exhibit A, Scope of Work (SOW); Exhibit B, Billing Milestones and Project
Deliverables; Exhibit C, Hourly Rate Ranges, and Exhibit D, Supplemental Terms and Conditions.
15, SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein
that this agreement is subject to appropriation by the Board of County Commissioners,
16. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give,
either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County
employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No, 2004-
05, and County Administrative Procedure 5311, Violation of this provision may result in one or more of
the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from
contact with County staff for a specified period of time; b. Prohibition by the individual and/ or firm from
doing business with the County for a specified period of time, including but not limited to: submitting bids,
RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/ or firm for
cause,
17. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Consultant is
formally acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S,c. 1324, et seq. and
regulations relating thereto, as either may be amended, Failure by the Consultant to comply with the laws
referenced herein shall constitute a breach of this agreement and the County shall have the discretion to
unilaterally terminate this agreement immediately,
18. APPLICABLE LAWS: This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to services funded
by the United States government. Any suit or action brought by either party to this Agreement against the
other party relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
19, VENUE: Any suit or action brought by either party to this Agreement against the other party relating to or
arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County,
Florida, which courts have sole and exclusive jurisdiction on all such matters.
20, OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees
to the successful bidder/proposer extending the pricing, terms and conditions of this solicitation or
resultant contract to other governmental entities at the discretion of the successful bidder/proposer.
Page 4 of 16
lOJ
IN WITNESS WHEREOF, the Consultant and the County, have each, respectively, by an authorized person or
agent, hereunder set their hands and seals on the date and year first above written,
~ '..
ATTEST:
~WigmEBrdc~"Cl~rk of Courts
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By /~~~
J ame~letta, Chairman
By:
LABYRINTH SOLUTIONS, INC.
d/b/a LSI Consulting
By: #f-L^^- ,~~.li.-
Stephen M, Smith
Managing Partner, Director of Operations
Typed signature and title
)1{M;~{ )1f2I~
l.
First Witnes~ A J('f.'
:JAJJCV f:. C2 ser;
~~~
J.4econd itness
81'''A('L" 8ELLDu(~E
Type/print witness name
~ he{\ S~C
Ty1ed signature and title
Approved as to form and
legal sufficiency:
~
llem# l D J:.
~:g2nja d~ ::J.l-() 1
L"le ---
Type/print name
DEt;: 3.....1-0-,
F;ec'd
Page 5 of 16
101
Exhibit A
Contract 07-4092
SAP Upgrade Project
Project Preparation:
Scope of Work (SOW)
· Overall completion of testing documentation (test scripts) has been set at 70% based on discussions with
key Collier County personnel.
· Collier County is responsible for preparing all test data and scripts,
· Unit and Integration test scripts should be updated and available on the dates listed in the project plan,
Project Scope:
· The upgrade estimate is based on the assumption that this will only be a technical upgrade with minor
functional corrections identified in RFP 07-4092 under Attachment A Specific Business Owner
Module Requirements subsections entitled FixesjNew Reports and Technical Upgrade
Requirements.
· All new functionality identified in Attachment A under SAP Future Functionality is excluded from this
estimate.
· The estimate does not include any work effort for the following activities: archiving, new data
conversion or a Unicode conversion, LSI agrees to provide the County with recommendations on a
Unicode conversion, LSI is responsible for moving current SAP data tables from the current version to
the upgraded version.
County Internal Resources and Costs:
· Collier County will own management of the upgrade project. LSI will provide timely technical project
management direction and support to the County to complete the upgrade project.
· Full time Collier County project management resources have been dedicated to the upgrade project (see
Attachment A).
· The County will provide minimally 15.5 FTE's (see Attachment A) staff as project team members.
· Collier County should plan contingency for additional County or consulting staff (see Review of
County's Staffing Plan)
· Collier County will be able to free the resources identified in the Staffing Plan and devote them to the
upgrade project as described in Attachment A.
· Internal staffing has been assessed by SAP Public Services Ine. at medium-high skill level. This level will
be maintained throughout the project.
· The Business User Community will be available to fully participate during the project preparation,
testing, cutover & final go live activities on a part time and as needed basis,
· No change in the key subject matter experts (SMEs) is planned during the upgrade,
· By agreement, Collier County will be responsible for all costs related to hardware additions for the
upgrade,
· Collier County will be responsible for obtaining any and all software licenses required for the upgrade.
· Collier County will provide a team work area for at least 7 LSI Consultants as well as connectivity to the
network, phones, desks, etc,
Page 6 of I 6
10J
· LSI Consultants will be co-located with their County counterparts
· Collier County will provide access to facilities and hardware throughout the project engagement on a
24/7 basis except for County maintenance" downtime,"
· LSI Consultants will be responsible for supporting County staff in making changes to business process
procedures and training the trainers.
· The County is responsible for developing training materials, and delivery of training to users, LSI will
be responsible for communicating to the County any and all business process changes as a result of the
upgrade.
· County staff will be responsible for entering and validation of production data, LSI Consultants will not
enter data into the production system
Preexisting Conditions:
· The estimate assumes that there are no currently known technical systems or network performance
issues in any SAP system
· The estimate assumes that except for a known issue with workflow configuration being different in
production (identified in Attachment A), all configurations in production has been migrated to the
production system through the development and quality assurance systems, using the SAP Correction
and Transport System.
· The estimate is based on the understanding of preexisting issues in the current system documented in
Attachment A of the RFP, Any preexisting issues not documented in Attachment A can result in changes
in the estimate,
Required Tasks:
TASK I: Project Preparation
Requirements of Hardware Architecture
Go Live Date
Milestone Planning
Project and Activity Planning
Resources and Budget Planning
TASK II: Upgrade Blueprint
Identify Business Process Changes in the New Release
Definition of Future IT Infrastructure
Upgrade Process Design
Administration Concept
Security Concept
Test Strategy and Planning
TASK ill: Upgrade Realization
Build Upgraded Sandbox
Freeze Development
Upgrade Non-Production Landscapes (DEV)
Upgrade Non-Production Landscapes (QA)
Representation of Business Processes in New Release
Acceptance Testing
Downtime Assessment
SAP Go-Live Functional Upgrade - Check
Page 7 of 16
TASK IV: Final Product Preparation
Finallntegration Testing
Training Delivery
Production System Landscape Upgrade
TASK V: Go Live Support
Production System Upgrade
Transport additional fixes per Appendix A
Stabilization
101
End of Exhibit A
Page 8 of 16
101
Exhibit B
Contract 07-4092
SAP Upgrade Project
Billing Milestones and Project Deliverables
Billing to commence 30 days after Notice to Proceed
Proiect Task
Task Duration
Start Date
Finish Date Milestone Payment
Project.PrepaJ'cltiol'l.,.....
Requirements of Hardware Architecture
Go Live Date
Milestone Planning
Project and Activity Planning
Resources and Budget Planning
15 I 3/5/2007 I 3/26/2007 I
5
10
61,531 I
20,510
41,021
Upgrid~!~I...~pdn(..
Identify Business Processes Changes in the
New Release
Definition of Future IT Infrastructure
Upgrade Process Design
Administration Concept
Security Concept
Test Strategy and Planning
15 I 3/26/2007 I 4/16/2007 I 123,063 I
5 41,021
2 16,408
3 24,613
1 8,204
2 16,408
2 16,408
651 4/16/2007 I 7/16/2007 I 668,369 I
15 154,239
1 10,283
15 154,239
15 154,239
7 71,978
10 102,826
1 10,283
1 10,283
15 I 7/16/2007 I 8/6/2007 I 96,518 I
5 32,173
10 64,345
20 I 8/6/2007 I 9/3/2007 I 96,518 I
10 48,259
0
10 48,259
164,000
1,209,999
LJ pgradeR~~ljz:~tiC)l1
Build Upgraded Sandbox
Freeze Development
Upgrade Non-Production Landscapes (DEV)
Upgrade Non-Production Landscapes (QA)
Representation of Business Processes in
New Release
Acceptance Testing
Downtime Assessment
SAP Go-Live Functional Upgrade - Check
Filla.IPrC)dLlctiC)Il..Preparation
Final Integration Testing
Training Delivery
Production System Landscape Upgrade
Go Live Support
Production System Upgrade
Transport additional fixes per Appendix A
Stabilization
Reimbursable Expenses, Not to Exceed:
Total
Page 9 of16
10J
Exhibit C
Contract 07-4092
SAP Upgrade Project
Hourly Rate Ranges
Pro'ect Mana er
FI/FM/CO/PS
MM
HR
Basis
ABAP, Forms
BI
PM (Plant
Maintenance
SRM
Workflow
Grants Mana ement
175-195
160 -175
155 - 175
170 - 205
155 - 175
125 -135
160 - 185
$ 160-175
$ 170 - 200
$ 155 - 165
$ 160 - 175
* All rates are exclusive of travel
* Assumes a one month minimum engagement
Page 10 of 16
101
Exhibit D
Contract 07 ~4092
SAP Upgrade Project.
Supplemental Terms And Conditions
1. SERVICES
1.1 Scope of Work. LSI will provide the services described in Exhibit A, Scope of Work (SOW),
1.2 Change Orders, If either party desires a modification to the Services, Work Product or schedule set
forth in Exhibit A, or the addition of out-of-scope work to Exhibit A such party will submit its requested
modifications in writing to the other party, The recipient of requested modifications may accept or reject the
requested modifications, or present a counter-proposal, in its sole discretion. LSI may bill Customer, on a time and
materials basis, for the work involved in analyzing the impact of any modification proposed by Customer. Changes to
Exhibit A will be effective only when an authorized representative of each party executes a written change to Exhibit
A that sets forth the changes to the Services and/or Work Product and any related changes to the schedule and charges
(a "Change Order"), LSI will not begin any Change Order work until a Change Order is effective.
1.3 Method of Performance. LSI will determine the method, details, and means of performing the
Services and providing the Work Product, provided that Customer may require LSI's personnel to observe
Customer's safety policies and building rules when on Customer's site. Each party has the right to control its own
personnel. Designation of a particular LSI individual does not preclude LSI's termination or re-assignment of the
individual, provided that LSI replaces the individual with a person with appropriate skills,
1.4 Acceptance. The parties agree that acceptance criteria for any Services and/or Work Product should, if
possible, be set forth in each project task referenced in Exhibit A, and in accordance with the RFP, Promptly
following LSI's completion of any Services or delivery of any Work Product, Customer will examine the Services
and/or Work Product to confirm conformance with specifications, If LSI has not received written notice from
Customer within ten (10) business days following completion of the Services or delivery of the Work Product, the
applicable Services or Work Product will be deemed accepted by Customer. Furthermore, if acceptance criteria are
not specified in Exhibit A and/or the RFP, the applicable Services or Work Product will be deemed accepted by
Customer on the date of delivery unless LSI receives written notice from Customer specifYing the reason for non-
acceptance within ten (10) business days after completion of the Service or delivery of the Work Product.
2. CUSTOMER RESPONSIBILITIES
2.1 Access and Cooperation. Customer will provide the office accommodations, facilities, equipment,
suitably configured computers (hardware and software) and personnel described in LSI's proposal or otherwise
reasonably required by LSI. Customer acknowledges and agrees that LSI's ability to perform any Services and/or
provide any Work Product in a timely manner is contingent upon Customer's making available in a timely manner the
resources required of it in the RFP, making available the assistance and cooperation of Customer's officers, agents,
and employees and providing complete and accurate Customer information and data. In the event of a delay caused
by Customer's failure to perform an obligation or make delivery of a necessary item in a timely manner, the date of
performance ofLSI's work will be extended for a period of time equal to the impact of the delay on the schedule.
2.2 File Back-up. Unless otherwise specified, Customer will maintain comprehensive file back-ups for
files, data and programs that could be affected by the Services and implement procedures for reconstruction of any
lost or altered files, data and programs that are affected by the Services.
Page 11 of 16
101
2.3 Health and Safety Hazards. Removed
2.4 Work Rules and Conduct. Removed.
2.5 Personnel Changes
a. Personnel Schedule Changes. Customer may, in writing, request changes to the schedules ofLSI
Personnel, provided that LSI will charge Customer for Services that were to be performed by the affected LSI
Personnel if Customer does not provide such request at least five (5) business days prior to the schedule change,
b. Open-ended Assignments, Customer may, in a writing, request the end of an assignment ofLSI
Personnel to open-ended projects, provided that LSI will charge Customer for up to 15 days of Services that were to
be performed by the affected LSI Personnel if Customer does not provide such request at least thirty (30) days prior
to the end of the assignment.
c, Extensions of Assignments. LSI considers its personnel for new deployments thirty (30) days prior to
the expiration of an assignment. If Customer desires to extend the assignment of any LSI Personnel to a Customer
project, Customer must notify LSI at least thirty (30) days before the scheduled expiration to assure continued
availability, LSI will use commercially reasonable efforts to accommodate extension requests received less than
thirty (30) days in advance,
3. TERMINATION - Collier County's Termination Language Prevails.
4. RELATIONSHIP OF THE PARTIES
LSI is an independent contractor and nothing in this Agreement will be construed to make LSI and Customer
partners, joint venturers, principals, agents or employees of the other. No officer, director, employee, agent, affiliate
or contractor employed by LSI to perform work on Customer's behalf under this Agreement will be deemed to be an
employee, agent or contractor of Customer, Neither party will have any right, power or authority, express or implied,
to bind or make representations on behalf of the other.
5. COMPENSATION: Removed
5.1 Fixed Price. If LSI quotes a price for particular Services or a particular Work Product and such price is
specified without qualification in the applicable Statement of Work, the amount quoted shall be deemed a fixed price,
Unless the Statement of Work provides for progress payments or deferral of payment after completion, Client shall
pay the full amount of the fixed price upon LSI's completion of the specified Services or upon Client's acceptance of
the Work Product under such Statement of Work. A Statement of Work may alternatively provide for payment to be
based on a fixed price for certain Services to be rendered over a specified period oftime. Unless otherwise specified
in the Statement of Work, LSI will invoice Client for periodic Services on a monthly basis. Invoices shall be prorated
for any partial periods,
5.2 Invoice and Payment. LSI will invoice charges for third-party materials purchased pursuant to Exhibit
A upon delivery of such materials to Customer. LSI will invoice charges for Services or Work Product provided on a
fixed price basis in accordance with the agreed payment schedule set forth in Exhibit B, All invoices will be in LSI's
standard form and, except for amounts reasonably disputed by Customer, will be due and payable within thirty (30)
days from the date of invoice. Customer must raise any concern or dispute in writing within ten (10) days from the
date of the invoice or the invoice will be presumed payable. Customer's dispute of any amounts will not delay its
payment of undisputed charges and expenses to LSI. If Customer defaults in payment of any sum due LSI, LSI may
suspend further performance, Payment will be made upon receipt of a proper invoice and in compliance with Section
218,70 F,S" otherwise known as the "Florida Prompt Payment Act".
Page 12 of 16
101
5.3 Taxes and Expenses. Charges do not include and Customer will not reimburse LSI for all taxes,
including, but not limited to, sales, use, gross receipts, and ad valorem taxes, duties or similar charges imposed on the
Services or Work Product (exclusive of taxes based on the property or net income ofLSI), As set forth on Page 1,
Section 3, The Contract Sum, Customer will reimburse LSI for reasonable out-of-pocket expenses. All prices and
rates exclude costs incurred for additional requirements or expectations of the Customer not anticipated by the parties
at the execution of this Agreement. Collier County is Tax Exempt, Federal ill # 59-6000558,
5.4 Interest; Collection Costs. Interest will accrue on amounts past due at the lower of eighteen percent
(18%) per annum or the maximum permitted by applicable law, In any proceeding brought by LSI to collect amounts
due, LSI will also receive its actual costs of collection, including reasonable attorneys' fees, This article is moot,
refer to section 5.2.
6. CONFIDENTIALITY AND OWNERSHIP
6.1 Confidentiality. As used herein, "Confidential Information" means any and all non-public technical or
business information, including third party information, furnished or disclosed by one party (the "Disclosing Party")
to the other party (the "Receiving Party") that, if in a tangible medium, the Disclosing Party has marked as
"confidential," "proprietary" or similarly at the time of disclosure and that, if disclosed orally, the Disclosing Party
indicates as confidential or proprietary at the time of disclosure and subsequently, within twenty (20) days after the
date of such oral disclosure, confirms as confidential or proprietary in a writing sent to the Receiving Party that
describes the information that is to be kept confidential. Each party will maintain all Confidential Information it
receives from the other in confidence using commercially reasonable standards and no less care than it uses with its
own information, and will use and disclose such information only as contemplated by this Agreement or as
authorized by the Disclosing Party, Each party will require its personnel to do likewise, These obligations do not
apply to information that: (a) is generally available to the public other than by a breach of this Agreement; (b) is
rightfully received from a third party lawfully in possession of the information and not subject to a confidentiality or
nonuse obligation; (c) is independently developed by the Receiving Party or its personnel, provided the persons
developing the information have not had access to the information of the Disclosing Party; or (d) was already known
to the Receiving Party prior to its receipt from the Disclosing Party. In addition, the Receiving Party will be allowed
to disclose Confidential Information of the Disclosing Patty to the extent that such disclosure is: (x) approved in
writing by the Disclosing Party; (y) necessary for the Receiving Party to enforce its rights under this Agreement in
connection with a legal proceeding; or (z) required by law or by the order of a court of similar judicial or
administrative body, provided that the Receiving Party notifies the Disclosing Party of such required disclosure
promptly and in writing and cooperates with the Disclosing Party, at the Disclosing Party's reasonable request and
expense, in any lawful action to contest or limit the scope of such required disclosure, In addition, LSI shall not be
required to keep confidential any ideas, concepts, know-how or techniques developed during the course of this
Agreement by LSI personnel or jointly by LSI and Customer personnel. Collier County must comply with Florida
Public Records Act, found in Chapter 119, Fla. Stat.
6.2 Return of Confidential Material. Upon termination of this Agreement or the Disclosing Party's
request, the Receiving Party will promptly return any Confidential Information of the other party or destroy such at
the request of the Disclosing Party.
6.3 Ownership. Unless LSI and Customer agree otherwise in writing, the Work Products developed for
Customer by LSI pursuant to this Agreement will belong to LSI. This provision does not apply to third party works
or products LSI provides to Customer or to LSI Materials (as defined below). Customer acknowledges that LSI is in
the business of providing information technology consulting services and has accumulated expertise in this field and
agrees that LSI will retain all right, title and interest in and to all LSI Materials, "LSI Materials" means all
discoveries, concepts and ideas, whether or not registrable under patent, copyright or similar statutes, including,
without limitation, patents, copyright, trademarks, trade secrets, processes, methods, formulae, techniques, tools,
solutions, programs, data and documentation, and related modifications, improvements and know-how, that LSI,
Page 13 of 16
101
alone, or jointly with others, its agents or employees, conceives, makes, develops, acquires or obtains knowledge of at
any time before, after or during the term of this Agreement without breach ofLSI's duty of confidentiality to
Customer, IfLSI Materials are included with or embodied in any Work Product, Customer will have a perpetual,
irrevocable, nonexclusive, worldwide, royalty-free license to use, execute, reproduce, display, perform, distribute
internally, and prepare for internal use "derivative works" as defined in the Copyright Act, 17 u,s,c. 9101, based
upon, the LSI Materials in each case solely in conjunction with the Work Product delivered hereunder, Any interest
in the Services and Work Products granted hereunder by LSI to Customer shall be effective upon and to the extent of
payment by Customer of the fees and expenses invoiced by LSI pursuant to this Agreement.
6.4 Residual Rights. Notwithstanding anything to the contrary in this Agreement, LSI and its personnel are
free to use and employ their general skills, know-how, and expertise, and to use, disclose, and employ any
generalized ideas, concepts, know-how, methods, techniques, or skills gained or learned during the course of this
Agreement so long as they acquire and apply such information without any unauthorized use or disclosure of
confidential or proprietary information of Customer.
7. WARRANTY AND LIMITATIONS OF LIABILITY
7.1 Warranty and Disclaimer. For a period of ninety (90) days from the date of Customer's acceptance
(the "Warranty Period"), LSI warrants that it will (a) perform all Services in a professional and workmanlike manner
and (b) provide Work Products that conform in all material respects to the specifications set forth in the RFP.
Customer must report any deficiencies to LSI in writing within the Warranty Period to receive warranty remedies,
Customer's exclusive remedy and LSI's entire liability is to provide Services to correct the deficiencies, IfLSI is
unable to correct the deficiencies, Customer is entitled to recover the fees paid to LSI for the deficient portion of the
Services or Work Product. LSI DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR PARTICULAR PURPOSE, LSI makes no warranties regarding any portion of any deliverable developed by
Customer or by any third party, including any third party software, hardware, or other third party products provided
by LSI.
7.2 Limitations of Liability. NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR
ANY LOST DATA, LOST PROFITS OR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHER
INDIRECT DAMAGES OF ANY KIND FOR ANY REASON WHATSOEVER INCLUDING, BUT NOT LIMITED
TO, DAMAGES BASED UPON NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY, OR ANY
OTHER THEORY EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Each party agrees that the other party's liability hereunder for damages, regardless of the form of action, will not
exceed the total amount actually paid for Services and Work Product under the agreement giving rise to the damages,
Notwithstanding the above, the liability of Customer may be increased to include LSI's costs of collection of Services
fees, including without limitation reasonable attorney's fees and court costs, subject to the limits of 768.28, Fla. Stat.
The parties agree that amounts stated herein are fair under the circumstances and that the prices reflect this limitation
of liability.
8. INDEMNITY - Collier County's Indemnification Language prevails.
8.1 Removed
8.2 Removed
9. NONSOLICITATION
During the term of this Agreement and for a period of one (1) year after its termination, neither party will
directly or indirectly (a) solicit for hire or engagement any of the other party's personnel who were involved in the
provision or receipt of Services under this Agreement or (b) hire or engage any person or entity who is or was
Page 14 of 16
101
employed or engaged by the other party and who was involved in the provision or receipt of Services under this
Agreement until one hundred eighty (180) days following the termination of the person's or entity's employment or
engagement with the other party. For purposes herein, "Solicit" does not include broad-based recruiting efforts,
including without limitation help wanted advertising and posting of open positions on a party's internet site, If
Customer hires or engages, directly or indirectly, any personnel of LSI in violation of (b) above, Customer will pay
LSI a finder's fee equal to three times the monthly billing rate (assuming 168 hours per month) for such personnel.
10. DISPUTE RESOLUTION PROVISIONS
10.1 Overview. Subject to each party's right to seek injunctive or equitable relief in a court of competent
jurisdiction, each party agrees to attempt to resolve all disputes under this Agreement in accordance with the dispute
resolution procedures set forth herein.
10.2 Informal. Each party will promptly notify the other in writing of any dispute, Each party's designated
representatives will meet within ten (10) days following the receipt of such written notice and will attempt to resolve
the dispute within fifteen (15) days, Ifthe parties agree, a dispute may be mediated. The parties will select a
mediator within twenty (20) days of agreeing to mediate,
10.3 ARBITRATION: Removed.
10.4 Statutes of Limitation. Reference 95.03, Fla. Stat.
11. GENERAL PROVISIONS
11.1 PUBLICITY: Removed
11.2 APPLICABLE LAWS: Collier County Contract Section 18 language prevails.
11.3 Export. Neither party will knowingly export or re-export or cause to be exported or re-exported any
Work Product, to any country for which the U,S. government requires an export license or other government approval
without first obtaining the required license or approval.
11.4 Duplicate: See Collier County Contract Section 4, page 2.
11.5 Entire Agreement of the Parties. This Agreement and the applicable Exhibits set forth in Contract 07-
4092, "Sap Upgrade Project" between the parties relating to the Services and Work Product provided by LSI and
supersede all prior written or oral understandings, agreements or representations by or between the parties with
respect to these subjects. Any modification or waiver of this Agreement is effective only if it is in writing signed by
an authorized representative of the party to be charged. Provisions of a Customer purchase order or similar document
are not applicable if they conflict with or add to the terms of this Agreement.
11.6 Waiver. No delay or failure by a party in exercising any right, power or privilege under this Agreement
or any other instruments given in connection with or pursuant to this Agreement will impair any such right, power or
privilege or be construed as a waiver of or acquiescence in any default. No single or partial exercise of any right,
power or privilege will preclude the further exercise of that right, power or privilege or the exercise of any other
right, power or privilege.
11.7 Survival. All terms and provisions of this Agreement that should by their nature survive the
termination of this Agreement shall so survive.
11.8 Force Majeure. If either party is delayed or prevented from performing due to a cause beyond its
reasonable control, including without limitation, strike, labor or civil unrest or dispute, embargo, blockage, work
Page 15 of 16
101
stoppage, protest, or acts of God, the delay will be excused during the continuance of the delay and the period of
performance will be extended as reasonable after the cause of delay is removed. If a delay continues for a period of
more than thirty (30) days, either party may terminate an affected project task referenced in Exhibit B upon written
notice to the other party and Customer will pay LSI for all work performed and expenses incurred through the
effective date of termination,
11.9 Severability. If any provision of this Agreement is held invalid, void, or unenforceable to any extent,
that provision will be enforced to the greatest extent permitted by law and the remainder of this Agreement and
application of such provision to other persons or circumstances will not be affected,
11.10 Parties in Interest. This Agreement is enforceable only by LSI and Customer. This Agreement is not a
contract or assurance regarding compensation, continued employment, or benefit of any kind to any of LSI' s
personnel or to any beneficiary of those personnel and those personnel or their beneficiaries will not be third-party
beneficiaries of this Agreement.
11.11 Governing Law. This Agreement is governed by and construed in accordance with the laws of the
State of Florida without regard to its conflict of law principles.
11.12 Assignment and Successors. Customer may not assign this Agreement without LSI's prior written
consent, except that Customer may assign the Agreement without consent to an entity controlling Customer, in
common control with Customer or controlled by Customer. This Agreement benefits and will be binding upon LSI,
Customer and their respective successors, heirs and assigns,
11.13 Insurance. Collier County Contract, Section 10, Insurance, prevails.
Page 16 of 16
123464 Labyrinth Solutions Inc.
Acord Certificate (page 1 of1)
21D 18:54 PM
ACORDTM CERTIFICA TE OF LIABILITY INSURANCE I DATE
2/20/2007
PRODUCER THIS CERTIFICATE IS ISSUED AS A MA ITER OF INFORMATION
TECHINSURANCE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1301 Central Expy South, Suite 115 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Allen, TX, 75013 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
(800) 668-7020 INSURERS AFFORDING COVERAGE
INSURED INSURER A: The Hartford
Labyrinth Solutions Inc, INSURER B:
1400 Main Street INSURER c:
Waltham, MA 02451
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES, AGGREGATE LIMITS SHOVvN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~~ TYPE OF INSURANCE POLICY NUMBER POUCY EFFECTIVE POUCY EXPIRATION LIMITS
GENERAL UABILITY EACH OCCURRENCE $ 1,000,000
rx COMMERCIAL GENERAL LIABILITY 46SBCUD0463 10/11/2006 10/11/2007 DAMAGE TO RENTED,",., $ 300,000
:=0 CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 10,000
A PERSONAL & ADV INJURY $ 1,000,000
r-- 2,000,000
GENERAL AGGREGATE $
r-- 2,000,000
1fl'L AGGREFi LIMIT APn PER: PRODUCTS-COM~OPAGG $
X POLICY ~~,?,: LOC
AUTOMOBILE UABILlTY COMBINED SINGLE LIMIT 1,000,000
- $
my AUTO (Ee accident)
- 46SBCUD0463 110/11/2006 10/11/2007
ALL OWNED AUTOS BODILY INJURY
- $
A SCHEDULED AUTOS (Per person)
X HIRED AUTOS
X BODILY INJURY $
NON-DWNED AUTOS (Per accident)
-
- PROPERTY DAMAGE $
(Per eccident)
qGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS LIABILITY EACH OCCURRENCE $ 5,000,000
~'OCCUR 0 CLAIMS MADE 46SBCUD0463 10/11/2006 10/11/2007 AGGREGATE $ 5,000,000
A $
~ DEDUCTIBLE $
X RETENTION $ 20,000 $
WORKERS COMPENSATION AND X I T~g,mIN-:" I IOJ~'
EMPLOYERS' LIABILITY 46WEQNW6607 10/11/2006 10/11/2007 1 000,000
A E,L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $ 1,000,000
E.L. DISEASE - POLICY LIMIT $ 1,000,000
OlliER CLAIMS-MADE
PROFESSIONAL LIABILITY OCCURRENCE
(Errors & Omissions) AGGREGATE
FIDELITY BOND
(Third Party Employee Dishonesty) EACH OCCURRENCE
EMPLOYMENT PRACTICES LIABILITY EACH OCCURRENCE
OESCRlPTION OF OPERATIONSlLOCATIONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Collier County Florida is included as an additional insured with regard to the general liability, automobile liability and umbrella excess liability
coverage. Note: General Liability Exclusion - Testing or Consulting Errors and Ommissions Form SS05090300
~~ o 7 -t.fO~2 II W J) /Jj' J'~ f'MJtt::f ( (
CERTIFICATE HOLDER I I ADDmONAL INSURED; INSURER LETlER: CANCELLATION
Collier County Florida SHOULD ANY OF lliE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE lliE EXPIRATION
3310 E, Tamiami Trail DATE lliEREOF, lliE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRlTlEN
Naples Florida 34112 NOTICE TO THE CERTIFICATE HOLOER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE -~L'" - ~'"
~
ACORD 25-8 (7/97)
@ACORDCORPORATION 1988
PRODUCER
McSweeney & Ricci Ins Ag Inc
420 Washington street
P.O. Box 850984
Braintree MA 02185
Phone:781-848-8600 Fax: 781-843-8807
INSURED
COVERAGES
ACORD.
CERTIFICATE OF LIABILITY INSURANCE
OP 10 S (M IDDIYYYY)
LABYR-1 02/22/07
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAlC #
Labyrinth Solutions Inc
Shyamal Jojodia
1400 Main st 1st Floor
Wal tham MA 02451
INSURER A:
INSURER B:
INSURER C:
INSURER D
INSURER E:
Safety Insurance Company
TJ-IE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TJ-IE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMEIfT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMEIfT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AfFORDED BY THE POLICIES DESCRIBED tEREIN IS SUBJECT TO AU THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
LTR NSR[ TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDIYY) DATE (MMlDDIYY) LIMITS
GENERAL LIABILITY EACH OCCURRENCE $
- PREMISES (E~~~~~'U~enca'
COMMERCII'J.. GENERAL LIABILITY $
- ~ CLAIMS MPDE D OCCLR
MED EXP (Anyone person) $
-
PERSONAL & I'DV INJURY $
GENERI'J.. AGGREGATE $
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $
n n PRO- nLOC
POLICY JECT
AlITOMOBILE LIABILITY COMBINED SINGLE LIMIT
r---- $1,000,000
A ANY AUTO 2411122 05/15/06 05/15/07 (Ea acciaant)
'--
ALL OWNED AUTOS BODIL Y INJURY
'-- (Par parson) $
X SCHEDULED AUTOS
-
X HIRED AlJTOS BODILY INJURY
i-- IPar aCCident) $
X NON-OWNED AUTOS
-
PROPERTY DAMAGE $
(Per aCCIdent)
GARAGE LIABILITY AUTO ONL Y - EA ACCIDEIfT $
~ ANY AUTO OTHER TI-V\N EA ACC $
AUTO ONLY AGG $
EXCESSNMBRELLA LIABILITY EACH OCCLRRENCE $
o OCCUR D CLAIMS MPDE AGGREGATE $
$
R DEDUCTIBLE $
RETEIfTION $ $
WORKERS COMPENSATION AND IT6R<-;'LIMI'rs I IUER
EMPLOYERS' LIABILITY E.L. EACH ACCIDEIfT $
ANY PROPRIETORIPARTNERlEXECUTIVE
OFFICERIMEMBER EXCLUDED? EL, DISEASE - EA EMPlOYEE $
If yes, descnbe under EL DISEASE - POLICY LIMIT $
SPECIAL PROVISIONS below
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHiClES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Collier County is listed as an additional insured as per written agreement.
Subject to the terms and conditions of the Commercial Auto policy form and
all
en(3.:;:emen ts .
L.~d- o 7-l.j07L. I( Wroult.:.~ A4 Jtc::r 'f
CERTIFICATE HOLDER
COLLIE1
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WIll ENDEAVOR TO MAIL 30
DAYS WRITTEN
Collier County
3301 E. Tamiami Trail
Naples FL 34112
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BlIT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF AN'! KIND UPON THE INSURER, rrs AGENTS OR
REPRESENTATIVES,
~E
ACORD 25 (2001/08)
@ ACORD CORPORATION 1988
lOJ
I i
1
MEMORANDUM
Date:
March 14,2007
To:
Scott Johnson
Purchasing Department
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Contract #07-4072: "Collier County Irrigation Quality
Water Project"
Contractor: Douglas N. Higgins
Attached is three (3) original documents/contracts of the above
referenced document (Agenda Item #10J), approved by the Board of
County Commissioners on Tuesday, February 27, 2007.
We have retained an original in the Minutes and Records Department and
a copy has also been sent to the Finance Department.
If you should have any questions, please contact me at 774-8411.
Thank you.
Attachments (3)
ITEM NO.:
'.'.;i '!- I fr' i r' '1'1- 10 J
..;- . tV,- ,.I J _
IX}! JNTY ATTORNEy
01- fJ/(c- o00v~TERESWl~~:-8 PMJ.,:06
FILE NO.:
ROUTED TO:
DO NOT WRITE ABOVE TIDS LINE
REQUEST FOR LEGAL SERVICES
Date:
March 8, 2007
To:
Robert Zachary
Assistant County Attorney
From:
Scott Johnson ~
Purchasing Agent
239/774-8995
Contract: 07-4072 "Collier County Irrigation Quality Water Project"
Re:
Contractor: Douglas N. Higgins
I ..
BACKGROUND OF REQUEST:
This contract was approved by the BCC on February 27,2007
Agenda Item: 10.J
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.
cv~
).....t"'t _07
3/14n- ~ r H~ d-JdJ. ()/c 4Z)
10J
Memorandum
DATE:
March 8, 2007
TO:
Wayne Fiyalko
Manager, Risk Fina c
FROM:
Scott Johnson
Purchasing Agent
RE:
Review ofInsurance for: 07-4072 "Collier County Irrigation Quality
Water Project"
Douglas N. Higgins, Inc,
This Contract was approved by the BCC on February 27,2007 Agenda # 10.1
Please review the Insurance Certificate 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 774-8995
cc: Damon Gonzales, Facilities Management Department
0A1r ArctlVID
MAR - 8 2007
RISK MANAGEMENT
,L.
Collier County Irrigation Quality Water Project
COLLIER COUNTY BID N,O. 07-4072
COLLIER COUNTY, FLORIDA
Design Professional:
Anchor Engineering (Cooling Tower)
IBIS Landscape Architecture (Irrigation)
COLLIER COUNTY PURCHASING DEPARTMENT
3301 Tamiami Trail, East
Naples, Florida 34112
lOJ
10J
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 Anchor Engineering & IBIS
Landscape Architecture
and identified as follows: Collier County Irrigation Quality Water
Project as shown on Plan Sheets C1 through ME2,1 & 11 through 17
dated 9/8 -16/06,
EXHIBIT N: Contractor's List of Key Personnel
EXHIBIT 0: Stored Materials Records
\'......
1 1
PUBLIC NOTICE
INVITATION TO BID
Collier County Irrigations Quality Water Project
COLLIER COUNTY, FLORIDA
COUNTY BID NO, 07-4072
Separate sealed bids for the construction of Collier County Irrigation Quality Water
Project, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the
Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building,
Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the
24th day of November, 2006 at which time all bids will be publicly opened and read
aloud, Any bids received after the time and date specified will not be accepted and
shall be returned unopened to the Bidder,
A non-mandatory pre-bid conference shall be held at the Purchasing Department,
Conference Room A, Purchasing Building "G" at 10:00 a.m. LOCAL TIME on the 15th
day of November, 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, Collier County Irrigation Quality Water Project Bid No. 07-
4072 and Bid Date of November 24, 2006", No bid shall be considered unless it is
made on an unaltered Bid form which is included in the Bidding Documents, The Bid
Schedule (GC-P-1 through GC-P-13) 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 $75,00 for each set of documents to offset the cost of
reproduction, Return of the documents is not required, and the amount paid for the
documents is nonrefundable.
The following plan room services may have obtained copies of the Bidding Documents
for the work contemplated herein:
McGraw-Hili Construction Dodge
2830 Winkler Avenue, Suite 104A
Ft. Myers, FL 33916
Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an
amount not less than five percent (5%) of the total Bid to be retained as liquidated
damages in the event the Successful Bidder fails to execute the Agreement and file the
required bonds and insurance within fifteen (15) calendar days after the receipt of the
GC-PN-1
lOJ
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 Three
Hundred (300) 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 24th day of October, 2006,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
GC-PN-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-13 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
GC-I B-1
lOJ "
location specified herein after the time specified for bid opening will be returned to the
bidder unopened and shall not be considered.
Section 3. Bid Deposit Reauirements
3,1 No Bid shall be considered or accepted unless at the time of Bid filing the same
shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a
certified check payable to Owner on some bank or trust company located in the State
of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an
amount not less than 5% of the 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. Riaht to Reiect Bids
4.1 The Owner reserves the right to reject any and all Bids or to waive informalities
and negotiate with the apparent lowest, qualified Bidder to such extent as may be
necessary for budgetary reasons.
GC-IB-2
lOJ · ~
Section 5. Signing 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
GC-IB-3
1.: ~,,\
, . 'i f ' "4
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,
GC-IB-4
Section 11. Bid Quantities
10J
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 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.
GC-18-5
1 0 J' .., ,...
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
GC-IB-6
lOJ 14
subcontractors for each category of Work as established by Owner. Bidders further
acknowledge that once there is an Award of Contract, the Successful Bidder shall
identify, subject to Owner's review and approval, all the subcontractors it intends to use
on the Project. Once approved by Owner, no subcontractor shall be removed or
replaced without Owner's prior written approval.
Section 16. Prohibition of Gifts
No organization or individual shall offer or give, either directly or indirectly, any favor,
gift, loan, fee, service or other item of value to any County employee, as set forth in
Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05,
and County Administrative Procedure 5311. Violation of this provision may result in one
or more of the following consequences: a, Prohibition by the individual, firm, and/or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes; and, c. immediate termination of any contract held by the individual and/or firm
for cause.
Section 17. Public Entity Crimes
By its submitting a Bid, Bidder acknowledges and agrees to and represents it is
in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read
as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime
may not submit a bid, proposal, or reply on a contract to
provide any goods or services to a public entity; may not
submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or
public work; may not submit bids, proposals, or replies on
leases of real property to a public entity'; may not be
awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity
in excess of the threshold amount provided in s, 287.017 for
CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list."
GC-IB-7
~ COLLIER COUNTY GOVERNMENT
PTJRCHMHNn DRPARTMRNT 3301 EAST TAMIAMI TRAIL
ADMINISTRATIVE SERVICES DIVISION PURCHASING SERVICES BUILDING
NAPLES, FLORIDA 34112
(239) 774-8407
FAX (239) 732-0844
http://colliergov.net
ADDENDUM
DATE: November 17,2006
TO: Interested Bidders
FROM: Scott D, Johnson, Purchasing Agent
SUBJECT: Addendum # 1 - Bid #07-4072
"Collier County Irrigation Quality Water Project"
Addendum #1 covers the following change for the above-referenced Bid:
Change: New Bid Opening Date November 29, 2006 @ 2:30 p,m,
If you require additional information please call Damon Gonzales, Facilities
Management Department at 239/774-8380 or me at 239/774-8995 or bye-mail at
ScottJoh nson@colliergov,net.
NOTE: Words,/1c:we. been dele.teq, word~ underlined b8yeqeElnadgeq,
cc: Damon Gonzales
1i
=,
\_-
/l Deleted: struck through
CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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ORIGINAL
~ If A.
lIP!' p,.,"
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, '1
, I
Collier County Irrigation Quality Water Project
BID NO. 07-4072
Full Name of Bidder-DOUg.k12.J'l. Hl ~lf15, me.
Main Business Address ~qO TraVIS PD/t1fC, ~d.0uAcft frmfjyJxJ~ n1J 4i'/OS
Place of Business :J.,tg7-rav}'1l~I'y)J- (va;! tal:JrJUt)e# I Naplts) F~!/1l/2
Telephone No. _{7/j1}/7~/3J 30 Fax No. (Z;y1) 774 -4Z&&
State Contractor's License # G{.,..C O(j) 0 I g 6J
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
The undersigned, as Bidder declares that the only person or parties interested in this
Bid as principals are those named herein, that this Bid is submitted without collusion
with any other person, firm or corporation; that it has carefully examined the location of
the proposed Work, the proposed form of Agreement and all other Contract Documents
and Bonds, and the Contract Drawings and Specifications, including Addenda issued
thereto and acknowledges receipt below:
Addendum
Number
I
Date Issued
Contractor's
I~#~
~) i06
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.
GC-P-1
BID SCHEDULE
Collier County Irrigation Quality Water Project
Bid No. 07-4072
lOJ
i, "4
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BASE BID 1 - Irrigation Master Distribution System Master Plan
(Drawing Sheets /1-7 and Attached Specifications)
Base bid includes all related work items shown in the
contract documents except for the unit price items specified
below.
Seven hundred sixty nine thousand two hundred thirty
Dollars, lump sum
($
769,230,00
)
BASE BID 2 - Collier County Extension of Effluent Main for Cooling Tower
(Drawing Sheets C1-5, ME 0.1, 1.1, 1.2, 2.1 and Attached Specifications)
Base bid includes all related work items shown in the
contract documents except for the unit price items specified
below,
Four hundred fourteen thousand two hundred seventy
( $ 414,270,00
Dollars, lump sum
)
TOTAL BASE BID: Including Base Bid 1 and 2
One million one hundred eighty three thousand five hundred Dollars, lump sum
($
1,183,500.00
)
GC-P-2
MATERIAL MANUFACTURERS
lOJ
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.
jJvc P, De
I
R~ () SfA-f/()!\J
I
::[+ /Y(
J-luo ue r
2.
3.
4.
5.
Dated NOV, ~Lt, VJDLP
BY:
DOl~~iacS N. I+1B~I'V}.SiJhC-.
BI er '.
~ fA ~ uJtMiJL
GC-P-3
1 OJ .~
LIST OF SUBCONTRACTORS
The undersigned states that the following is a full and complete list of the proposed
Subcontractors it intends to use on this Project with respect to the categories of work
identified below, and that such list will not be added to nor altered without the prior
written consent of the Project Manager. The undersigned further acknowledges its
responsibility for ensuring that the Subcontractors listed herein are "qualified" (as
defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal
requirements applicable to and necessitated by the Contract Documents, including, but
not limited to proper licenses, certifications, registrations and insurance coverage, The
Owner reserves the right to disqualify any Bidder who includes non-compliant or non-
qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful
Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is
found to be non-compliant with this requirement either before or after the issuance of
the Award of Contract by Owner. THIS LIST MUST BE 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.
1,
Cateqorv of Work
Svr(/e1
Subcontractor and Address
Ch A y I~ j -r; / fcJt'v' --to ;; 5SeJr: / ,~f.c,
(/Ill D IF s) .;:-t .s tJ / / Z_
Z I L ' ,/ '/ .
I;;' GfIr'-ry/l ( -hr'.:; {/1t;ffJv ,t;;> n/I < -(
7Af'YI Y?A ) ;::L-
I '
2,
C'o N S frue f, b /'0' 0 ~/(' I]
3,
4,
5.
Dated)JOV. t.~ ( 1AX)v
DOU~[t{5 f'/. f1J39'f1S, ;;'-'c .
dder
I\~ a. uiLlW-
BY:
GC-P-4
10 1
v
. .
I
STATEMENT OF EXPERIENCE OF BIDDER
The Bidder is required to state below what work of similar magnitude completed within
the last five years is a judge of its experience, skill and business standing and of its
ability to conduct the work as completely and as rapidly as required under the terms of
the Agreement.
Proiect and Location
Reference
1.
t1l111 G#e d
2,
3,
4.
5,
6,
Dated No v. 1. Lf I WJlv
BY:
POtf1SIItS N, th~IYl5. In c .
B' der
K~ a . wJJ::M._
GC-P-5
Project:
Owner:
Engineer:
Contract Amount:
Contract Date:
Completion Date:
Description:
DOUGLAS N. IDGGINS, INC.
EXPERIENCE STATEMENT
FLORIDA PROJECTS
10 I
V
Immokalee Florida Specialties Ditch Enclosure
Contract # 04-3612
DNH Project #970-03
Collier County Transportation Services Division
StormwaterlRoad Maintenance Department
2685 South Horseshoe Drive, Suite 212
Peter Heyden, P,E,
(239) 213-5859
Agnoli Barber & Brundage, Inc,
7400 Tamiami Trail North, Suite 200
Naples, FL 34108
John H, Boldt, P,E. P,S,M.
(239) 597-3111
$515,931.50
May 2004
August 2004
****************************
Installation of 600 LF of5' x 15' Box Culvert and 500 LF of armor mat.
Project:
Owner:
Engineer:
Contract Amount:
Contract Date:
Completion Date:
Description:
Palm Street Outfall
Contract # 02-3345
DNH Project #960-03
Collier County Transportation Services Division
StormwaterlRoad Maintenance Department
2685 South Horseshoe Drive, Suite 212
Jerry Kurtz, P.E,
(239) 213-5853
Collier County - Owner Engineered
$594,525,00
February 2004
June 2004
****************************
Installation of 1000 LF of 60" Storm Sewer and 500 LF of Box Culvert, including seven structures,
Project:
Owner:
Engineer:
Contract Amount:
Contract Date:
Completion Date:
Description:
Western Interconnect Phase 2
Contract # 03-3545
DNH Project #940-03
lOJ
, 1 "
Collier County
Public Utilities Engioeering Department
330 I East Tamiami Trail, Building H
Naples, FL 34112
Ron Dillard, P.E.
239-530-5338
Hole Montes, Inc.
950 Encore Way
Naples, Florida 34110
Michael Clough, P.E.
239-254-2000
$1,765,295.00
October 2003
August 2004
Installation of a new sanitary forcemain and two lift stations.
****************************
Project:
Owner:
Engineer:
Contract Amount:
Contract Date:
Completion Date:
Description:
Reuse Water Service System Connections Phase 2
Contract # 03-3560
DNH Project #950-03
Collier County
Public Utilities Engioeering Department
3301 East Tamiarni Trail, Building H
Naples, FL 34112
Ron Dillard, P.E.
239-530-5338
Hole Montes, Inc.
950 Encore Way
Naples, Florida 34110
Michael Clough, P.E.
239-254-2000
$577,000
January 2004
August 2004
Installation ofa seven Reuse Water Service System Connections includiog assemblies and all electrical
work.
****************************
Project:
Naval Air Station - Repair Storm Water & Sanitary Sewer Systems - NAF, Key West
Contract N62467-03-0282
DNH Project #825-03
Owner:
U.S. Department of the Navy
P.O. Box 9018
NAF, Key West, FL 33040
Jeannette Sweeting, Supervisor Contract Specialist
(305) 293-2841
David Franklin
(843) 820-5733
lOJ
1
Contract Amount:
$3,654,654.00
Contract Date:
November 2003
Completion Date:
December 2004
Description:
Remove, Replace, Install new Storm Water & Sanitary Sewer Systems on various Naval Properties
...........................................................................................
Project: North Andrews Gardens Neighborhood Improvements Project
Bid Package No.5
BCOES Project #1146/8409
DNH Project #1300
Owner:
Broward County Board of Commissioners
115 South Andrews Avenue
Fort Lauderdale, FL 33301
Contract Amount:
$9,779,615.80
Engineer:
Miller, Legg & Associates, Inc.
Patrick MacGregor, Project Manager
Completion Date:
Project:
Fall 2003- comoleted on time and within the awarded contract amount
Robert Gabriel Apartments - Site "A", Site "B" and Site "C"
The Housing Authority of the City of Key West
DNH Project #777-02
Owner:
The Housing Authority of the City of Key West
Contract Amount:
$270,500.00
Completion Date:
November 2002
********
Proj ect:
Naval Air Station - Replace Sewer - Trumbo Point - NAF, Key West
Contract N62467-01-X-0387
DNH Project #880-01
Owner:
U.S. Department of the Navy
P.O. Box 9018
NAF, Key West, FL 33040
Jeannette Sweeting, Supervisor Contract Specialist
(305) 293-2841
$1,859,155.00
November 2002
Contract Amount:
Completion Date:
*******
Project:
Owner:
Engineer:
Contract Amount:
Completion Date:
*******
Project:
Owner:
Engineer:
Contract Date:
Contract Amount:
Project Description:
Completion Date
*******
Project:
Owner:
Contract Amount:
Completion Date:
********
Sanibel Sewer System Expansion Project Phase 2B
DNH Project #1200-01
I' ,
I'
"
City of Sanibel
Utilities Department
800 Dunlop Road
Sanibel, FL 33957
City of Sanibel
Utilities Department
800 Dunlop Road
Sanibel, FL 33957
$4,572,036.97
October 2002
Sanitary Sewer Rehabilitation for Service District F & G
DNH Project #1125-00
City of Key West
525 Angela Street
Key West, FL 33040
David Fernandez (305) 292-5600
CH2M Hill
3011 S.W. Williston Road
Gainesville, FL 32608-3928
Joe Castronovo (352) 335-7991
July 7, 2000
$6,994,597.15
Installed approximately, 23,550 L.F. of8", 1,870 L.F. of 10",1,625 L.F. of 12", 2,325 L.F. of 15" and 45
L.F. of 20" of sanitary sewer and related appurtenances.
October 2002
Naval Air Station - Lift Station Transmitter System- Sigsbee Park - NAS, Key West
Contract N 62467 -0 I-C- 27 66
DNH Project #880-01
U.S. Department of the Navy
P.O. Box 9018
NAF, Key West, FL 33040
Jeannette Sweeting, Supervisor Contract Specialist
(305) 293-2841
$529,514.50
September 2002
Proj ect:
_. Owner:
Contract Date:
Contract Amount:
Completion Date:
*******
Project:
Owner:
Contract Amount:
Completion Date:
*******
Project:
Owner:
Engineer:
Contract Date:
Contract Amount:
Completion Date:
*******
Project:
Owner:
General Contractor:
Contract Amount:
Completion Date:
********
Interior Electric Renovation at East Martello Tower
Monroe County, FL
DNH Project #840-02
11
Ui,
'. ..,.
Monroe County, Florida
August 21, 2002
$69,000.00
September 2002
Naval Air Station - Replace Sewer - Truman Annex - NAS, Key West
Contract N62467-01-X-0370
DNH Project #825-01
U.S. Department of the Navy
P.O. Box 9018
NAF, Key West, FL 33040
Jeannette Sweeting, Supervisor Contract Specialist
(305) 293-2841
$1,276,321.00
August 2002
Irrigation Upgrades for Naples Memorial Gardens
DNH Project #810-02
Naples Memorial Gardens
Conestoga-Rovers & Associates
March 11, 2002
$167,326.75
August 2002
Construction ofS.R. 45 (US41) from Gulf Dr. to Immokalee Road (CR846) and from Immokalee Road to
CR887. Naples, Florida
DNH Project #975-00
Florida Department of Transportation
APAC-Florida, Inc.
14299 Alico Road
Fort Myers, FL 33913
$1,604,968.50
May 2002
Project:
Owner:
Contract Date:
Contract Amount:
Completion Date:
*******
Project:
Owner:
Engineer:
Contract Date:
Contract Amount:
Project Description:
Completion Date:
*******
Project:
Owner:
Contract Date:
Contract Amount:
Completion Date:
*******
Limestone Creek Phase II-A
Palm Beach County, Florida
DNH Project #980-0 I
Palm Beach County, Florida
Engineering Services Division Office
160 Australian Avenue, Suite #503
West Palm Beach, FL 33406
Charles Rich, P.E.
~,~I
A,
April 17, 2001
$436.658.70
April 2002
Sanitary Sewer Rehabilitation for Service District C
DNH Project # I 025-99
City of Key West
525 Angela Street
Key West, FL 33040
David Fernandez (305) 292-5600
CH2M Hill
3011 S.W. Williston Road
Gainesville, FL 32608-3928
Joe Castronovo (352) 335-7991
January 5, 2000
$6,291,463.36
Installed approximately 425 L.F. of6", 25,050 L.F. of 8", 425 L.F. of 10", 1,700 L.F. of 12", 400 L.F. of
15" and 1,350 L.F. of20" of sanitary sewer and related appurtenances.
March 2002
Waterworks Improvements - Port Royal Pump Station
Project #2000.003
DNH Project #1070-00
City of Naples, Florida
735 Eighth Street South
Naples, FL 34102
September 6, 2000
$1,851,352.02
March 2002
Project:
,,_.
Owner:
Contract Amount:
Completion Date:
Project Description:
*******
Project:
Owner:
Engineer:
Contract Amount:
Completion Date:
*******
Project:
Owner:
Contract Date:
Contract Amount:
********
Project:
Potholes for 10" Water Main
Marco Island, Collier County
DNH Project #1220-02
lOJ
''1,
./
Florida Water Services
4110 Center }>ointe Drive, Suite204
Fort Myers, FL 33916
Joe Zawacki (941) 278-5050
$7,800.00
March 2002
Located 24 Potholes for 10" WM from Lime Plant to Old Marco Lane
Henderson Creek Interconnect
Marco Island, Collier County
DNH Project #1200-01
Florida Water Services
1000 Color Place
Apopka, FL 32703
Jan Spry
(407) 880-0058
Florida Water Services
P.O. Box 609520
Orlando, FL 32860
(407) 880-0058
$77,000.00
February 2002
City of Key West - General Lateral Services Contract 2001-2002
DNH Project 1325-01
City of Key West, Florida
1400 Venetian Drive
Key West, FL 33040
Charles Stepheson
2001-02 '
Various Dollar Amounts for Individual Projects
Seawall Replacement
Owner:
Engineer:
Contract Amount:
Completion Date:
Project Description:
*******
Project:
Owner:
Engineer:
Contract Date:
Contract Amount:
Completion Date:
*******
Project:
Marco Island, WWTP, Collier County
DNH Project #1210-01
Florida Water Services
1000 Color Place
Apopka, FL 32703
Jan Spry
(407) 880-0058
c.] if 'II 'ij
:1 I n
., \,) ~.
Florida Water Services
P.O. Box 609520
Orlando, FL 32860
(407) 880-0058
$156,950.00
December 200 I
Replace Seawall at Marco Island WWTP
City of Key West Pump Station A Rehabilitation and Force Main
DNH Project #01-1225
City of Key West
525 Angela Street
Key West, FL 33040
David Fernandez (305) 292-5600
Allen Perez, P .E.
(305) 292-0642
March 23, 2001
$941,759.00
December 200 I
Everglades City- Pleasure Island
DNH Project #700-01
Owner:
- Engineer:
Contract Date:
Contract Amount:
Completion Date:
Project Description:
*******
Project:
Owner:
Engineer:
Contract Date:
Contract Amount:
Completion Date:
********
Project:
Owner:
Contract Date:
Contract Amount:
Project Description:
Completion Date:
*******
Project:
City of Everglades City, Florida
207 Broadway
Everglades, FL 34139
10 .
,j
,
Anchor Engineering Consultants, Inc.
1520 Royal Palm Square Boulevard, Suite 200
Fort Myers, FL 33919
Contact: Richard Lewis
Phone: (941) 936-4003
$296,831.25
October 2001
Installed 16 Simplex Grinder Pump Stations, 2,566 L.F. of 1-1/2". and 2" Force Main, 1,806 L.F. of
Water Main and other related appurtenances.
Everglades City- Public Works Storage Building
DNH Project #710-01
City of Everglades City, Florida
207 Broadway
Everglades, FL 34139
Anchor Engineering Consultants, Inc.
1520 Royal Palm Square Boulevard, Suite 200
Fort Myers, FL 33919
Contact: Richard Lewis
Phone: (941) 936-4003
January 12,2001
$110,560.00
June 2001
Collier County - Goodland Culvert Improvement
Purchase Order #007281
DNH Project #760-01
Collier County Government
Board of County Commissioners
P.O. Box 413016
Naples, FL 34101-3016
September 16, 2000
$178,000.00 ' ;
. . ',( <. '.
Install (4) Reclaimed Water Motor Operated Valves at the South County Water Reclamation Facility.
May 2001
Basin VI Drainage Improvements
Project #6680-24619
Owner:
Engineer:
Contract Date:
Contract Amonnt:
Completion Date:
*******
Project:
Owner:
General Contractor:
Contract Amount:
Completion Date:
Project Description:
*******
Project:
Owner:
Contract Date:
Contract Amount:
Completion Date:
Project Description:
*******
Project:
DNH Project #970-00
City of Naples, Florida
735 Eighth Street South
Naples, FL 34102
1
Camp Dresser & McKee
November 24, 1999
$3,111,455.00
Spring 200 I
Indigo Lakes
Collier County, Florida
Subcontractor to Guyman Contraction
DNH Project #1000-00
Collier Connty, Florida
GUYMAN Construction
5686 Youngquist Road
Fort Myers, FL 33912
$37,939.00
November 2000
Installed 1,036 LF of 18" RCP and 35 LF of 42" RCP, I Lift Station Wetwell and Valve Vault, 446 LF of
8" SDR and related appurtenances.
Clam Bay Interior Channel Construction Phase II
DNH #790-00
Pelican Bay Services Division
80 I Laurel Oak Drive, Suite 605
Naples, FL 34108
Contact: Kyle Lucas
May 2000
'~\! ."
$99,703.07
October 2000
Dug Channels in Clam Bay to nourish cypress trees
Marco Shores Reclaimed Line Relocation
DNH Project #990-00
TRENCH SAFETY ACT
lOJ
Bidder acknowledges that included in the various items of the bid and in the Total Bid
Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida)
effective October 1, 1990. The Bidder further identifies the cost to be summarized
below:
Trench Safety
Measure
(Description)
Units of
Measure
(LF,SY)
Unit
(Quantity)
Unit
Cost
1. 5/oD/#Z/ Slol~r~q
I I I
/II. ,) 0
L r:
I 7. 00 0
2.
3.
4.
5.
TOTAL
$ / 7 000.. .l ()
.
Extended
Cost
/1/7. ()O()_ (7 ;)
,
Failure to complete the above may result in the Bid being declared non-responsive.
DoUj{tts N. Ht~ff/J~. InC.
B' der
Kd'1Ja,~
Dated NO v, 1)1 . WO&
.
BY:
GC-P-6
10 f
Upon notification that its Bid has been awarded, the Successful Bidder will execute~e
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 within . days. The bid security attached in the sum of:
~erw'\r ot rV1i. ~d dollars ($ 6D/,; ) is to become the
prop rty 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 Two Hundred seventy (270)
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 M, U1;~aJ1
County of WCt5 flteJ1.AAJ
J .[ tt fI ~11) t I ~ , being first duly sworn on
oath deposes and says tha he 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.
'-\-fA tJ,J A . LV d I" Ie.,.. , 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.
GC-P-7
, ~
lQJ
(a) Corporation
The Bidder is a corporation organized and existing under the laws of the State of
M"()11 (~c1lJ1J , whi~h, operates under the legal name of
DOIA~lqJ N. 1'h9ql(lS I -me. , and the full names of its
officers are as lIows:
president~..5 N - M09lfJS
Secretary R. SU'U1J1~HauJk.U
. Treasurer RI 5Uu:tVH'}C ~KU
VIe<' 11.~~ DaBI e iN. fh 901~s Wi Ilwh P. fhq5.m, JMJts HSweef
V r j""'t~ II 14 ' 'k . ~tL..eIYuf).WI^1<
The 1(;(- (€$JCJUl h e ~ ,tA/l) Ie.- is authorized to sign construction bids
and contracts for t e co pany by action of its Board of Directors taken
fVl~ i 0. 2.0D & , a certified copy of which is hereto attached (strike
out this st 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 NOV, 1-4/~
~O~4S N. i-h92};;JS)hC'.
legal e .
GC-P-8
~dL
Witn,ss DtIl ~ . . W II }q e.
, , Y---t'/:" ~
~ //V ~~/
? Witness JtJJ'}WS H Ju.,ce t-
1'~q
,
, "<, ",
BY: Doc Af1Ia~ N . t-hllfA ItlSljhC.
Nam~idder (T'YPtll
~~a.WJNL
Vi L( -' Pres) ~GV)t
Title
STATE OF M IU1J@aYJ
COUNTY OF J!iiJsfrJ feJ1aiU
The foregoing instrument was acknowledged before me this 7JIIh day. of fj}; fYJJ W,
2006,by Yi(~WI//1te ,as---vr-Ct-Pffsr t
of .r:r:v~4S' . ~ lV)S; W(I , a ~I eM '7c tU-1 corporation, on
behalf of e corpora I n. He/she is personally known 0 me or has produced
as identification
and did (djg not) take an oath.
NAME:
;f xk'ff~ k~,--
(Signature Notary)
R IS()ZqI1n~ tk",V/(ef
(Legibly Printed)
My Commission Expires: n. St!U'.NN~.HA'N~R
Not:ir'y' ~)~M,t:.i;~:'l 'l'.'f:_~:;i -i.~3: i] \'~I.' I..,t.)urty, t\11
My Commission i::xpirss Mar". .2011
(AFFIX OFFICIAL SEAL)
Notary Public, State of jl,1/ch~
Commission No.:
GC-P-9
lOJ
CERTIFICATE OF SECRETARY
The undersigned, being the duly elected secretary of
Douglas N. Higgins, Inc., a Michigan corporation, hereby
certifies that the following resolution was duly adopted by
the Board of Directors of said corporation at a meeting held
on May 15,2006, and that said resolution is in full force
and effect:
"RESOLVED, That the following listed persons
are hereby authorized to execute, on behalf of
Douglas N. Higgins, Inc., any and all contracts and
documents."
Douglas N. Higgins
:I /~ ~ ,
r)#~
h)~']>4hz '
-
cL ;(-J~
/'
h~, kil/6L
Daniel N. Higgins
William D. Higgins
James H. Sweet
Kelly A. Wilkie
I! d A<uukA
R. suza~er
Secretary
Dated:
May 15, 2006
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
1940 NORTH MONROE STREET
TALLAHASSEE FL 32399-0783
(850) 487-1395
10,/
c
HIGGINS, DANIEL NORMAN
DOUGLAS N HIGGINS INC
3390 TRAVIS POINTE ROAD
SUITE A
~ ARBOR MI 48108
STATE OF FLORIOA
AC# 276 IJ8 2l
DEPARTMENT~OF BUSINESS AND
. PROFESS;I0I:'!~:P;;REGULATION
t'./:", - ___;
CGCO 6 0 18!9:~:i.'
';a;:a/2:gf,i<16 068037 829
-;c"
,<~t
. ",~,
CERTIFIED.
HIGGINS,~
DOUGLAS N,::;
IS CERTIFIED under the provisions of clt.489:cFS
Expiratioo date. AUG 31, 2008 L06082902J.:19
DETACH HERE
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L0608290217S
08'29 2006 068037829 CGC060189.
The GENERAL CONTRACTOR
Named below IS CERTIFIED
Under the provisions of
E~pira~on date: AUG 31, 2
HIGG:rNS:, DANIEL NORMAN
BOUGIlAS' N HIGGINS INC
3390 TRAVIS POINTE ROAD
SUITE A
ANNN ARBOR MI 48108
JEB BUSH
GOVERNOR
SIMONE MARSTILLER
SECRETARY
BID BOND
10 I
tj
KNOW ALL MEN BY THESE PRESENTS, that we Douglas N. Higgins, Inc.
(herein after called the Principal) and
Hartford Accident and Indemnity Co. ,
(herein called the Surety), a corporation chartered and existing under the laws of the
State of CT with its principal offices in the city of Hartford, CT
and authorized to do business in the State of FL are held and
firmly bound unto the Board of County Cormnissioners Collier County, Florida
(hereinafter called the Owner), in the full and just sum of
five percent of the attached bid dollars ($ 5% )
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
Collier County Irrigation Quality Water Project
Bid No. 07-4072
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 $ 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.
GC-P-10
10\1
IN TESTIMONY Thereof, the Principal and Surety have caused these presents to
be duly signed and sealed this 24th day of November ,2006.
48108. .
Pointe Rd., Ann Arbor, MI Pnnclpal
(Seal)
Surety
Heather M.
Countersig ned
Local Resident Producing Agent for
Fl Resident ~
Sr.4ttil'i & (;{). :?OO 1 ,. 101ftl ..
Ilk" ... i .: j J ,., ?fl5 ''<91 onqo
Hartford Accident & Indemnity Co.
PO Box 3001, Troy, MI 48007 800-872-8303
GC-P-11
(I t'
~:
Direct Inquiries/Claims to:
cL~
lOW ALL PERSONS BY THESE PRESENTS THAT:
THE HARTFORD
BOND, T-4
P.O. BOX 2103,690 ASYLUM AVENUE
HARTFORD, CONNECTICUT 06115
call: 888-266-3488 or fax: 860-757-5835
Agency Code: 35-350851
PO'WER OF ATTORNEY
",-.....,.,
[K:J Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut
[K:J Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana
[K:J Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut
C:=J Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut
C:=J Twin City Fire Insurance Company, a corporation duly organized under the laws of the State ofIndiana
C:=J Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois
C:=J Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State ofIndiana
C:=J Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint,
up to the amount of unlimited:
Dan Hines, Heather M. Johnson, Judy K. Macklem
of
Ann Arbor, MI
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by 18], and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies
have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
,.........,
rtJ"'''''''~
' t~4I:
......
;:~'C.
<~, . ~
\,.\187' .
\';"~""'"".." .. ~
~"~)1f=~
f~O Ct. ~
;(
('4~(d .) &/[/)-{/I/'--
Paul A. Bergenholtz, Assistant Secretary
David T. Akers, Assistant Vice President
STATE OF CONNECTICUT}
55. Hartford
COU NTY OF HARTFO RD
On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and
say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the
corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the
said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed
his name thereto by like authority.
/,\ ... /) //)
~_~) c':::7IFc' ~ /;:::/,~
Scott E. Paseka
Notal)' Public
CERTIFICATE My Commission Expires October 31, 2007
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoinli is a true and correct
copy of the Power of Attorney executed by said Companies, which is still in full force effective as of November 24, 2006
Signed and sealed at the City of Hartford.
rtJ'i"~
....,..
~.
,.:1 . .
\:..}.~ "'/...l/
'~~~
-~
/ . 'I..
l'{,t~.....)Lti -:;~!~ /
, 't , V
i ,
,
v
Gary W. Stumper, Assistant Vice President
POA 2005
'"
BUSINESS CONTACT INFORMATION
~~ N Hi~;{)5 J)Yl('.
(Firm's Comp e Legal Name)
Main Business
Contact Name l)M ~Ifu
Title VILL -fff~J
?J?f1D~f)fe~('L Su,klt-
(Address)
lrYJn Arvov, V)I)/ q8/Df
(City, State, ZIP)
Phone No. (11ffr<15W
FAX No. ( 73 . -- 'gO
Email address: J1' ftf~o/,COYn
****************************************************************************************************
ADDITIONAL CONTACT INFORMATION
Send Payments To
(REQUIRED ONLY if different from above)
Contact Name
Title
Office Servicing Collier County Account
/Place Orders/Request Supplies
(REQUIRED ONLY if different from above)
Contact Name ,~IA 1-n~r1S
Titre \11 r."e {Cs:,1 1""'
.
GC-P-12
(Company Name used as Payee)
(Address)
(City, State, ZIP)
Phone No.
FAX No.
Email address:
d~g1 TaMI~Wl; l(i1r{ JUt fe# I
(Add ress)
NClR1 {<;' r- L ?:/ll/ 2
(City, tate, tiP)
Phone No. (Z,31)l7tf-?/t?;O
FAX No. (1..7f1-;; 17~20~ .
Email Address: ~1 hi Vl ~ f ~a.oi. G{JYVl
THIS SHEET MUST BE SIGNED BY VENDOR
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Purchasing Department
lQJ
BIDDERS CHECK LIST
IMPORTANT: Please read carefully, sign in the spaces indicated and return with
your Bid.
Bidder should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. The payment terms have been indicated.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery information required is included.
7. If required, the amount of Bid bond has been checked, and the Bid bond or
cashiers check has been included.
8. Any addenda have been signed and included.
9. The mailing envelope has been addressed to:
Purchasing Director
Collier County Government Center
Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
11. The mailing envelope must be sealed and marked with:
<:>Bid Number;
<:>Project Name;
<:>Opening Date.
12. The Bid will be mailed or delivered in time to be received no later than the
specified openinq date and time. (Otherwise Bid cannot be considered.)
ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET
12>u~ 14. N. H75~1/15, k
Bidder ame .
, a,wiJuGVfU.----p({6J'ch1t
Title
DATE:
NDV, zLf-J U)D~
GC-P-13
':C <f ;
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, ("Owner") hereby contracts with Douglas N. Higgins, Inc. ("Contractor") of
2887 Tamiami Trail East, Suite #1, Naples, FL 34112, a Michigan Corporation,
authorized to do business in the State of Florida, to perform all work ("Work") in
connection with 07-4072, "Collier County Irrigation Quality Water Project", as said Work
is set forth in the Plans and Specifications prepared by Anchor Engineering (Cooling
Tower) and IBIS Landscape Architecture (Irrigation), 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.
S. 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: one million, one hundred eighty-three
thousand, five hundred dollars and zero cents. ($1,183,500.00)
GC-CA-1
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.qov/c570/c570.html#certified. Should the Contract Amount be less than
$500,000, the requirements of Section 287.0935, F.S. shall govern the rating and
classification of the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida, or it ceases to
meet the requirements imposed by the Contract Documents, the Contractor shall, within
five (5) calendar days thereafter, substitute at its cost and expense another bond and
surety, both of which shall be subject to the Owner's approval.
Section 5. Contract Time and Liauidated Damaaes.
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 Two Hundred Seventy (270)
calendar days from the Commencement Date (herein "Contract Time"). The date of
Substantial Completion of the Work (or designated portions thereof) is the date certified
by the Design Professional when construction is sufficiently complete, in accordance
with the Contract Documents, so Owner can occupy or utilize the Work (or designated
portions thereof) for the use for which it is intended. Contractor shall achieve Final
Completion within Thirty (30) calendar days after the date of Substantial Completion.
Final Completion shall occur when the Agreement is completed in its entirety, is
accepted by the Owner as complete and is so stated by the Owner as completed. As
used herein and throughout the Contract Documents, the phrase "Project Manager"
refers to the Owner's duly authorized representative and shall mean the Division
Administrator or Department Director, as applicable, acting directly or through duly
authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement,
Owner will suffer financial loss if Contractor fails to achieve Substantial Completion
within the time specified above, as said time may be adjusted as provided for herein. In
GC-CA-2
lOJ
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, Three Hundred forty
five dollars and twenty cents ($345.20) for each calendar day thereafter until
Substantial Completion is achieved. Further, in the event Substantial Completion is
reached, but the Contractor fails to reach Final Completion within the required time
period, Owner shall also be entitled to assess and Contractor shall be liable for all
actual damages incurred by Owner as a result of Contractor failing to timely achieve
Final Completion. The Project shall be deemed to be substantially completed on the
date the Project Manager (or at his/her direction, the Design Professional) issues a
Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby
expressly waives and relinquishes any right which it may have to seek to characterize
the above noted liquidated damages as a penalty, which the parties agree represents a
fair and reasonable estimate of the Owner's actual damages at the time of contracting if
Contractor fails to Substantially or Finally Complete the Work within the required time
periods.
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude
the first day and include the last day of such period. If the last day of any such period
falls on a Saturday or Sunday or on a day made a legal holiday by the law of the
applicable jurisdiction, such day shall be omitted from the computation, and the last day
shall become the next succeeding day which is not a Saturday, Sunday or legal holiday.
D. Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in calendar days
or working days, the Owner will count default days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or
any other agreement between Owner and Contractor, as payment on such liquidated
damages due under this Agreement in Owner's sole discretion. Notwithstanding
anything herein to the contrary, Owner retains its right to liquidated damages due under
this Agreement even if Contractor, at Owner's election and in its sole discretion, is
allowed to continue and to finish the Work, or any part of it, after the expiration of the
Contract Time including granted time extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and
Owner elects to complete the Work, in whole or in part, through another contractor or its
own forces, the Contractor and its surety shall continue to be liable for the liquidated
damages under the Agreement until Owner achieves Substantial and Final Completion
of the Work. Owner will not charge liquidated damages for any delay in achieving
Substantial or Final Completion as a result of any unreasonable action or delay on the
part of the Owner.
GC-CA-3
lOJ
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:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
Exhibit K:
Exhibit L:
Exhibit M:
Exhibit N:
Exhibit 0:
Performance and Payment Bond Forms
Insurance Requirements
Release and Affidavit Form
Contractor Application for Payment Form
Change Order Form
Certificate of Substantial Completion Form
Final Payment Checklist
General Terms and Conditions
Supplemental Terms and Conditions
Technical Specifications
Permits
Standard Details (if applicable)
Plans and Specifications prepared by Anchor Engineering & IBIS
Landscape Architecture
and identified as follows: Collier County Irrigation Quality Water
Project as shown on Plan Sheets 1 through 10 dated 9/8/06 & 1
through 7 dated 9/16/06.
Contractor's List of Key Personnel
Stored Materials Record
Section 7. Notices
A. All notices required or made pursuant to this Agreement by the Contractor to the
Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or
Facsimile, addressed to the following:
Damon Gonzales
GC-CA-4
i~~
Facilities Manager
Facilities Management Department
3301 Tamiami Trail East, Bldg "W"
Naples, FL 34112
Telephone: 239/774-8380
Fax: 239/793-3795
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:
Ms. Kelly A. Wilkie
Douglas N. Higgins, Inc.
2887 Tamiami Trail East Suite #1
Naples, FL 34112
Telephone: 239/774-3130
Fax: 23*9/774-4266
C. Either party may change its above noted address by giving written notice to the
other party in accordance with the requirements of this Section.
Section 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it
has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to a
public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any
public entity in excess of the threshold amount provided in s.
287.017 for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list."
Section 9. Modification.
No modification or change to the Agreement shall be valid or binding upon the parties
unless in writing and executed by the party or parties intended to be bound by it.
Section 10. Successors and Assians.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure
to the benefit of the successors and assigns of the parties to the Agreement.
GC-CA-5
-,
';.,..........
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Section 11. Governina Law.
The Agreement shall be interpreted under and its performance governed by the laws of
the State of Florida.
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time anyone or
more of the provisions of the Agreement shall not be construed to be and shall not be a
waiver of any such provision or provisions or of its right thereafter to enforce each and
every such provision.
Section 13. Entire Aareement.
Each of the parties hereto agrees and represents that the Agreement comprises the full
and entire agreement between the parties affecting the Work contemplated, and no
other agreement or understanding of any nature concerning the same has been entered
into or will be recognized, and that all negotiations, acts, work performed, or payments
made prior to the execution hereof shall be deemed merged in, integrated and
superseded by the Agreement.
Section 14. Severability.
Should any provision of the Agreement be determined by a court to be unenforceable,
such a determination shall not affect the validity or enforceability of any other section or
part thereof.
Section 15. Chanae Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all
Change Orders and Work Directive Changes to the Agreement to the extent provided
for under the Owner's Purchasing Policy and accompanying administrative procedures.
Section 16. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be
construed against the party who physically prepared this Agreement. The rule
sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in
a contractual term which appears on its face to have been inserted for the benefit of one
of the parties shall be construed against the benefited party) shall not be applied to the
construction of this Agreement.
Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Construction Agreement and the General Terms and
Conditions shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Conditions shall take precedence over the
GC-CA-6
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
10 I
\,)'
IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s)
indicated below.
CONTRACTOR:
TWO WITNESSES:
K ~tM-Z- A~A-
FIRST WITNESS:
{ <.S-U 2~~t€ l~u4
Type/Print Name
HAt, t~---
Douglas N. Higgins, Inc.
By: (.~~L~ J/J~A.u4
/I41W~5." 1/. SUiUT-
tlYC~-~~'h/M..
Type/Print Name and Title
SECOND WITNESS:
D4 VI/) ,l{ r f'UiAJA~
Type/Print Name
Date:
<:.1
"."
'lL~.
.s ,,:
""I tQllat.Wrt,'..oo J w
App ro'V'~d.h\~t To' Form
and Legal Sufficiency:
~~
Print Name: ~
Assistant Co nty A tor y
BY:
OWNER:
BOARD OF COUNTY
COMMISSIONERS OF
CO~LLlER COUNTY FLORIDA
~IJ#
Ja s Coletta, Chairman
ATTEST:
,
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-
!tem# J OJ
,
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[)Elte ~v
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GC-CA-1
EXHIBIT A
PUBLIC PAYMENT BOND
10 I
v
Collier County Irrigation Quality Water Project
Bond No. 35BCSD08231
Contract No. 07-4072
KNOW ALL MEN BY THESE PRESENTS: That Douglas N. Higgins, Inc.,
3390 Travis Pointe Rd., Ann Arbor, MI 48108 , as Principal,
and Hartford Accident and Indemnity Co., PO Box 3001, Troy, MI 48007 , as
Surety, located at PO Box 3001, Troy, MI 48007
(Business Address) are held and firmly bound to Board of County Commissioners Collier Count
as Obligee in the sum of One Million One Hundred Eighty Three Thousand Five Hundred no/l0
($1,183,500.00 ) for the payment whereof we bind ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the _ day of
2006, with Obligee for Irrigation Quality Water Pro;ect Bid No. 07-4072
in Collier County accordance with drawings and specifications, which
contract is incorporated by reference and made a part hereof, and is referred to herein
as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida
Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly
by Principal in the prosecution of the work provided for in the Contract, then this bond is
void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any
formalities connected with the Contract or the changes do not affect Sureties obligation
under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.05(2). In
no event will the Surety be liable in the aggregate to claimants for more than the penal
sum of this Payment Bond, regardless of the number of suits that may be filed by
claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this 5th
day of March, 2007 ~, the name of each party being affixed and these presents
duly signed by its under-signed representative, pursuant to authority of its governing
body.
GC-CA-A-1
10\J
Signed, sealed and delivered
in the prese:.e e J f.:
i?:~A~---?
. !)A-{;;;iL '#. '/fiJ"J?IA/J /
~~,~
Witnesses as to P!iDcip~1
j).ftJ r 1 ~, ~ Lv,iJ-) ~
STATE OF 41Jdu~
COUNTY OF M/4.f11' #U/
The foregoing instrum~ was acknqwledged before me this . ,1 Ii day of E-f7; d
20~, by J;bfA4.S"' ~ fU/k"/J'.;' , as ilk;e€...-4/P$>i~ of
d ) AI, 'C';(/.;"C , a 10c1~ corporation, on behalf of the
corp'oration. Hel is personally known to me OR ha~ pi oducca as
identification and did (€lid not) take an oath.
PRINCIPAL
Douglas N. Higgins, Inc.
? 1/ '-;" ^ ..d-'
BY: (~~ /f J Ct\,.~ :" .
NAME~/ JAMe-S' 1/, J tVl2ar-
ITS: /I) OJ] - ~;tJ;AF!>,
, '!\I~'-:'~
,.., '7' ~\~~~\( hr",. ht..... MI
_ .~~.:. ';~'.~;-;;":. \:::,.i ~~.~.~'.~~~:'\\)::r~'_i y:: (y,:':f)fQ' <1
\~()\."i~J . "". .::..,,. ":"l;i;uii Wlar 7,... I
My C01W;"';;;''''v' \ """r _' ._' .-
.--------.--
NAME:
~ '.&11<1--<-- ~
(Signature Notary) .'
}. ,\UzkVA/L I14wtEi....
(Legibly Printed) .
My Commission Expires:
, .
./ 'I .
(AFFIX OFFICIAL SEAL)
I /
Notary Public, State of-,.'~d-c) 1'# . ," :
Commission No.: ,(//,4. . . . . . ..' .
SURETY:
ATTEST:
Hartford Accident and Indemnity Co.
(Printed Name)
PO Box 3001
Troy, MI 48007
(Business Address
(Authorized Signature)
Witnesses to Surety
(Printed Name)
GC-CA-A-2
~~~ lhJl.kl
;/'L<'/L/t. -<:/L--
STATE OF Michigan
COUNTY OF Washtenaw
OR
Heather M. Johnson
(Printed Name)
24 Frank Lloyd Wright Driye
Suite J4100
Ann Arbor. MI 48106
(Business Address)
'J..
.I
734-741-0044
(Telephone Number)
The foregoing instrument was
March, 2007 , ~, by
Attorney in Fact
Surety, on behalf of Surety.
acknowledged before me this 5th day of
Hea ther M. Johnson , as
of Hartforn Accinent Rnn Tnnpmnity ro.
He/She is personally known to me OR has produced
as identification and who did (did not)
take an oath.
My Commission Expires:
ID'-/~ -C)..O /D
'.
. I
(AFFIX OFFICIAL SEAL)
JlL~
Name:
(Legibly'Printed)
Notary Public, State of: Nit /.;/~:'AN
Commission No.: A.,/ / /.1
, ..
,"r .~rl
GC-CA-A-3
EXHIBIT A
PUBLIC PERFORMANCE BOND
10J
Collier County Irrigation Quality Water Project
Bond No.35BCSOO8231
Contract No. 07-4072
KNOW ALL MEN BY THESE PRESENTS: That Douglas N. Higgins, Inc., 3390 Travis Pointe
Rd., Ann Arbor, MI 48108 , as Principal, and Hartford Accident and Indemnity Co., PO Box
3001, Troy, MI 48007 as Surety, located at
PO Box 3001. Troy, MI 48007
(Business Address) are held and firmly bound to
Board of County Commissioners, Collier County. FL , as Obligee in the sum of
One Million One Hundred Eighty Three Thousand Five Hundred no/lOa
($ 1,183,500.00 ) for the payment whereof we bond ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
Obligee
day of
for
WHEREAS, Principal has entered into a contract dated as of the
, 2006, with
Irrigation Quality Water Proiect Bid No. 07-4072
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.
GC-CA-A-4
10 I
u
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.
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 5th
day of March, 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 prese~ce f:
~_Jt~
~A-#' ?LC . 1# f',P/ A/ .5;'
IJ----.{ At ' ~4J~
Witnesses as to Principal
~*' t & ;tt( ( .9~./,fIA/!:
PRINCIPAL
Douglas N. Higgins, Inc.
BY: <J~ I/;aLU{l'-
/'
NAME: . ~"'J' ~eff- ..
ITS: 1I/~ .s:-;o$A/
,
STATE OF MdJ~
COUNTY OF u/.JslI . ~
. .. .,'
The fore oing instrument was acknowl dg.e;d before me this 5-1/1 day of
~ ' , 2006, by' }' .!:>ui/li,."
J -, Y21F~-) of ~> A/. /Uf
M corporation, on behalf of the corporation.
persona y known to me OR h3s produced
as identification and did ~id net) take an oath.
(S~t~ /kw~<-
Name: f, ,SUU:1/41L ~/.&1
(Legibly Printed) . . \.',
Notary Public, State of: ~i/c1Jp',4.(1 .
Commission No.: #(# . ~ '
, as
, a
He/-sRe is
My Commission Expires:
(AFFIX OFFICIAL SEAL)
I~')e,', t}:;~~)~.~::.~t:~~" ~~::~~::~:~.~~i1~Y, MI
'~l :'r 'Ol"""~ ""n t:K')ii~l::' !.I~; 1,2.011
.. '1 v "....~~.- I ._
GC-CA-A-5
lOJ 1 ~
ATTEST:
SURETY:
Hartford Accident and Indemnity Co.
(Printed Name)
PO Box 3001
Troy, MI 48007
(Business Address)
(Authorized Signature)
Witnesses as to Surety
(Printed Name)
OR
/~.Ji/-
0Witnesses
Heather M. Johnson
(Printed Name) /
24 Frank Lloyd Wright Dr.
Suite J4100
Ann Arbor, MI 48106
(Business Address)
734-741-0044
(Telephone Number)
STATE OF
COUNTY OF
Michigan
Washtenaw
The foregoing instrument was acknowledged before me this 5th day of
March, 2007 ,2006\ by Heather M.Johnson , as Attorney in Fact
of Hartford Accident and Indemnity, ac. 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.
k./~~
My Commission Expires:
IO-i~-dOIL')
(AFFIX OFFICIAL SEAL)
Notary Public, State of: h l~ilI6A-L)
Commission No.: )..' /A
GC-CA-A-6
Direct InqUiriesJClaimsJ, 0 J
POWER OF ATTORNEY P.0.B~~~F~~~1~~~AVENUE
HARTFORD, CONNECTICUT 06115
call: 888-266-3488 or fax: 860-757-5835
.JW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 35-350851
[K] Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut
[K] Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State ofIndiana
[K] Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut
CJ Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut
CJ Twin City Fire Insurance Company, a corporation duly organized under the laws of the State ofIndiana
CJ Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois
CJ Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State ofIndiana
CJ Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint,
up to the amount of unlimited:
Dan Hines, Heather M. Johnson, Judy K. Macklem
of
Ann Arbor, MI
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by ~, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies
have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
f~O Q{. ~
(r,} rAftJ ,) r:/U{/v~
~/
Paul A. Bergenholtz, Assistant Secretary
David T. Akers, Assistant Vice President
STATE OF CONNECTICUT}
ss. Hartford
COUNlY OF HARTFORD
On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and
say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the
corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the
said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed
his name thereto by like authority.
Scott E. Pasek.
Notal)' Public
CERTIFICATE My Commission Expires October 31, 2007
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies, which is still in full force effective as of March 5, 2007.
Signed and sealed at the City of Hartford.
) /,;J
-<) c.:i1rr/;::'A~
fJ€)*
\~ H'r'
. .
h;~j&/jy{;;.. ('
! ,-
(,
Gary W. Stumper, Assistant Vice President
POA 2005
....
A CORD_
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMlDD/YYYY)
HIGGI 5 03 05 07
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PRODUCER
Hylant of Ann Arbor, LLC
,~ Frank Lloyd Wright Dr J4100
Arbor MI 48J.05
.hlone:734-74J.-0044 Fax:734-74J.-J.850
INSURED
INSURERS AFFORDING COVERAGE
Douglas N. Higgins, Inc.
3390 Travis P01nte, Suite A
Ann Arbor MI 48108
INSURER A:
INSURER B:
INSURER C:
INSURER D:
INSURER E:
NAIC#
020427
020494
020443
31127
020508
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSR[ TYPE OF INSURANCE POLICY NUMBER P5~,LICnrFE~.:rlxE P!:,~IS,Y(P.PIRAT~N LIMITS
DATE MM/DDIYY DATE MM/DDIYY
GENERAL LIABILITY EACH OCCURRENCE 51,000,000
-
A X COMMERCIAL GENERAL LIABILITY CJ.6J.922047 J.2/10/06 12/J.0/07 ,:,~,,~l.""'::: I u_ "'''' I "U 5 100,000
PREMISES (Ea occurence)
I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) 515,000
~ Includes XCU PERSONAL & ADV INJURY 51,000,000
~ Contractual Liab GENERAL AGGREGATE 52,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG 52,000,000
I !Xl PRO- n
POLICY X JECT LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- 51,000,000
E X ANY AUTO C16J.922033 12/10/06 12/10/07 (Ea accident)
-
ALL OWNED AUTOS BODILY INJURY
- 5
SCHEDULED AUTOS (Per parson)
-
~ HIRED AUTOS BODILY INJURY
5
~ NON-OWNED AUTOS (Per accident)
I
f-- PROPERTY DAMAGE 5
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT 5
~
H ANY AUTO OTHER THAN EA ACC 5
AUTO ONLY: AGG 5
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE 510,000,000
B ~ OCCUR D CLAIMS MADE C161922050 J.2/10/06 12/10/07 AGGREGATE 510,000,000
5
H DEDUCTIBLE 5
: ,X RETENTION $10,000 $
I WORKERS COMPENSATION AND X I TORY LIMITS I IOJ~-
EMPLOYERS' LIABILITY WC161922016 J.2/10/06 J.2/10/07
C ! ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 500,000
I OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $500,000
If yes, describe under 51,000,000
SPEOIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT
OTHER
D Professional and CZB276202771 0J./03/07 0J./03/08 2,000,000
Pollution Liab 25,000 ded
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Job - Collier County Irrigation Quality Water Project, Contract #07-4072.
Additional Insured for General Liability (primary) - Board of County
Commissioners, Collier County. Waiver of subrogation in favor of Board of
County Commissioners, Collier County on Workers' Compensation.
CERTIFICATE HOLDER
CANCELLATION
Collier County Board of
County Commissioners
330J. Tamiami Trail East
Naples FL 34412
COLCO 0 2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTH IZED REPR
'-'
ACORD 25 (2001/08)
@ACORDCORPORATION 1988
EXHIBIT B
INSURANCE REQUIREMENTS
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(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 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
wner may terminate the Agreement or at its sole discretion shall be authorized to purchase such
GC-CA-B-1
10 I
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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? -.X Yes _ No
_(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
'ontractor during the term of this Agreement for all employees engaged in the work under this
GC-CA-B-2
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Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall
.'- "lot be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
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.
D Applicable C8J Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the
-fork.
D Applicable C8J Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? X Yes _ No
(1) Commercial General Liability Insurance shall be maintained by the Contractor on an
occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage,
Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form
Property Damage including Completed Operations and Products and Completed Operations
Coverage. Limits of Liability shall not be less than the following:
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
GC-CA-B-3
$ 300,000
$ 300,000
$ 300,000
$ 300,000
$ 50,000
$ 500,000
$ 500,000
$ 500,000
Each Occurrence
Fire Damage
-2L General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$ 500,000
$ 50,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$ 50,000
$ 5,000,000
$ 5,000,000
$ 5,000,000
$ 5,000,000
$ 50,000
lOJ
(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
coverage shall be primary to any similar coverage carried by the Owner.
4) Coverage shall be included for explosion, collapse or underground property damage claims.
(5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the
completion of the work under this Agreement.
D 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.
D 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.
GC-CA-B-4
101
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(2) Property insurance shall be on an all-risk policy form and, at the Owner's option, shall cover
- ~asonable compensation for Professional's services and expenses required as a result of such
Insured loss. At the Owner's option, flood and windstorm insurance will also be purchased.
(3) The property insurance provided by the Owner requires minimum deductibles and the
Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for
any deductible associated with the all-risk policy described above shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents. The responsibility of the Contractor for any deductible associated with the flood or
windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents.
(4) This property insurance shall cover portions of the Work stored off the site after written
approval of the Owner at the value established in the approval, and also portions of the Work in
tra ns it.
(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.
~j6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and
ny of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the
Oesign 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? L Yes _ No
(1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership,
maintenance or use of any owned, non-owned or hired vehicle with limits of not less than:
Bodily Injury & Property Damage - $ 500,000
X Bodily Injury & Property Damage - $1,000,000
Bodily Injury & Property Damage - $ 2,000,000
GC-CA-B-5
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UMBRELLA LIABILITY
, I) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if
so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability,
and Automobile Liability coverage's and shall include all coverage's on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of any
underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as
primary insurance.
GC-CA-B-6
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EXHIBIT C
RELEASE AND AFFIDAVIT FORM
OUNTY OF COLLIER)
STATE OF FLORIDA)
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $ paid,
("Contractor") releases and waives for itself and it's subcontractors,
material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort,
against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the
Agreement between Contractor and Owner dated , 2006 for the period from
to , excluding all retainage withheld and any pending claims or
disputes as expressly specified as follows:
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for
labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a
demand against any payment bond might be filed, have been fully satisfied and paid.
(3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from
all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the
performance by Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No.
CONTRACTOR
BY:
ITS:
President
DATE:
Witnesses
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of , 2006, by
,as of ,a
corporation, on behalf of the corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
GC-CA-C-1
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EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
Bid No.
Project No.
Application Date
FROM:
(Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE:
(Project Name)
%
%
Original Contract Price: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
Less Retainage $
Total Earned Less Retainage $
Less previous payment (s) $
AMOUNT DUE THIS
APPLICATION: $
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru[insert date] $
Retainage @ _% after [insert date] $
=
Percent Work completed to Date:
Percent Contract Time completed to Date
Liq uidated 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)
GC-CA-D-1
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EXHIBIT E
CHANGE ORDER
FROM: Collier County Government
Construction Agreement Dated:
TO:
Project Name:
Bid No.:
Change Order No.:
Date:
Change Order Description
Original Agreement Amount ....... ......... ..... ..... ........ .... ................ ..... $
Sum of previous Change Orders Amount .......................................$
This Change Order Amount ........................................................... $
Revised Agreement Amount ................. ......... .............. ..... ........... ... $
Original Contract Time in calendar days
Adjusted number of calendar days due to previous Change Orders
This Change Order adjusted time is
Revised Contract Time in calendar days
Original Notice to Proceed Date
Completion date based on original Contract Time
Revised completion date
Contractor's acceptance of this Change Order shall constitute a modification to the Agreement
and will be performed subject to all the same terms and conditions as contained in the
Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the
Agreement shall constitute a full and final settlement of any and all claims of the Contractor
arising out of, or related to, the change set forth herein, including claims for impact and delay
costs.
Prepared by:
Date:
Project Manager
Recommended by:
Date:
Design Professional
Accepted by:
Date:
Contractor
Approved by:
Date:
Department Director
Authorized by:
Division Administrator
Date:
(For use by Owner: Fund
Numbe~ )
Cost Center:
Object Code:
Project
GC-CA-E-3
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
10\1
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OWNER'S Project No.
PROJECT:
Design Professional's Project No.
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated
portion) is sufficiently complete in accordance with the Contract Documents so that the Owner
can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has
been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN
PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the
requirements of the Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,
and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all
the Work in accordance with the Contract Documents. The items in the tentative list shall be completed
or corrected by CONTRACTOR within days of the above date of Substantial Completion.
GC-CA-F-1
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The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance,
heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the
Contract Documents.
Executed by Design Professional on
,2006
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,2006
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,2006
OWNER
By:
Type Name and Title
GC-CA-F -2
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EXHIBIT G
FINAL PAYMENT CHECKLIST
Bid No.:
Contractor:
Project No.:
Date:
,2006
The following items have been secured by the
for the Project known as
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount:
Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement:
Actual Date of Substantial Completion:
Calendar Days.
Final Completion Time as set forth in the Agreement:
Actual Final Completion Date:
Calendar Days.
YES
NO
1. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner (attach to this form).
3. Effective date of General one year warranty from Contractor is:
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5. As-Built drawings obtained and dated:
6. Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No.:
issued on (attach to this form).
8. Certificate of Substantial Completion issued on
9. Final Payment Application and Affidavits received from Contractor on:
10. Consent of Surety received on
11. Operating Department personnel notified Project is in operating phase.
12. All Spare Parts or Special Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner:
14. Other:
If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach
explanation.
Acknowledgments:
(Company Name)
(Signature)
(Typed Name & Title)
By Contractor:
GC-CA-G-1
By Design
Professional:
By Owner:
GC-CA-G-2
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(Firm Name)
(Signature)
(Typed Name & Title)
(Department Name)
(Signature)
(Name & Title)
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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:
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those affecting transportation, access, disposal, handling and storage of materials;
availability and quality of labor; water and electric power; availability and condition of
roads; work area; living facilities; climatic conditions and seasons; physical conditions at
the work-site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface
conditions; equipment and facilities needed preliminary to and during performance of
the Work; and all other costs associated with such performance. The failure of
Contractor to acquaint itself with any applicable conditions shall not relieve Contractor
from any of its responsibilities to perform under the Contract Documents, nor shall it be
considered the basis for any claim for additional time or compensation.
2.2 Contractor shall locate all existing roadways, railways, drainage facilities and
utility services above, upon, or under the Project site, said roadways, railways, drainage
facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities".
Contractor shall contact the owners of all Utilities to determine the necessity for
relocating or temporarily interrupting any Utilities during the construction of the Project.
Contractor shall schedule and coordinate its Work around any such relocation or
temporary service interruption. Contractor shall be responsible for properly shoring,
supporting and protecting all Utilities at all times during the course of the Work. The
Contractor is responsible for coordinating all other utility work so as to not interfere with
the prosecution of the Work (except those utilities to be coordinated by the Owner as
may be expressly described elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions
are encountered at the Project site which are (i) subsurface or otherwise concealed
physical conditions which differ materially from those indicated in the Contract
Documents or (ii) unknown physical conditions of an unusual nature, which differ
materially from those ordinarily found to exist and generally recognized as inherent in
construction activities of the character provided for in the Contract Documents, and
which reasonably should not have been discovered by Contractor as part of its scope of
site investigative services required pursuant to the terms of the Contract Documents,
then Contractor shall provide Owner with prompt written notice thereof before conditions
are disturbed and in no event later than three (3) calendar days after first observance of
such conditions. Owner and Design Professional shall promptly investigate such
conditions and, if they differ materially and cause an increase or decrease in
Contractor's cost of, or time required for, performance of any part of the Work, Owner
will acknowledge and agree to an equitable adjustment to Contractor's compensation or
time for performance, or both, for such Work. If Owner determines that the conditions at
the site are not materially different from those indicated in the Contract Documents or
not of an unusual nature or should have been discovered by Contractor as part of its
investigative services, and that no change in the terms of the Agreement is justified,
Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in
opposition to such determination by Owner must be made within seven (7) calendar
days after Contractor's receipt of Owner's written determination notice. If Owner and
Contractor cannot agree on an adjustment to Contractor's cost or time of performance,
the dispute resolution procedure set forth in the Contract Documents shall be complied
with by the parties.
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3.
SCHEDULE.
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3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award,
shall prepare and submit to Project Manager, for their review and approval, a progress
schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall
relate to all Work required by the Contract Documents, and shall utilize the Critical Path
method of scheduling and shall provide for expeditious and practicable execution of the
Work within the Contract Time. The Progress Schedule shall indicate the dates for
starting and completing the various stages of the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly
updates to the Progress Schedule shall be subject to the Project Manager's review and
approval. Contractor shall submit the updates to the Progress Schedule with its
monthly Applications for Payment noted below. The Project Manager's review and
approval of the submitted Progress Schedule updates shall be a condition precedent to
the Owner's obligation to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the
requirements of all Collier County Noise Ordinances then in effect. Unless otherwise
specified, work will generally be limited to the hours of 7:00 a.m. to 6:00 p.m., Monday
through Saturday. No work shall be performed outside the specified hours without the
prior approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall
submit to Project Manager, for their review and approval, a schedule of values based
upon the Contract Price, listing the major elements of the Work and the dollar value for
each element. After its approval by the Project Manager, this schedule of values shall
be used as the basis for the Contractor's monthly Applications for Payment. This
schedule shall be updated and submitted each month along with a completed copy of
the Application for Payment form signed by the Contractor's authorized representative
and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall
provide to the Project Manager the list of its Subcontractors and materialmen submitted
with its Bid showing the work and materials involved and the dollar amount of each
subcontract and purchase order. Contractor acknowledges and agrees that any
modifications to the list of Subcontractors submitted with Contractor's Bid and any
subsequently identified Subcontractors are subject to Owner's prior written approval.
The first Application for Payment shall be submitted no earlier than thirty (30) days after
the Commencement Date. Notwithstanding anything herein to the contrary, if approved
by Owner in its sole discretion, Contractor may submit its invoice for any required-
Payment and Performance Bonds prior to the first Application of Payment provided that
Contractor has furnished Owner certified copies of the receipts evidencing the premium
paid by Contractor for the bonds.
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4.3 Unless expressly approved by Owner in advance and in writing, said approval at
Owner's sole discretion, Owner is not required to make any payment for materials or
equipment that have not been incorporated into the Project. If payment is requested on
the basis of materials and equipment not incorporated into the Project, but delivered
and suitably stored at the site or at another location, and such payment and storage
have been agreed to by Owner in writing, the Application for Payment also shall be
accompanied by a bill of sale, invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all liens, charges, security
interests and encumbrances, together with evidence that the materials and equipment
are covered by appropriate property insurance and other arrangements to protect
Owner's interest therein, all of which shall be subject to the Owner's satisfaction.
Thereafter, with each subsequent Application for Payment, Contractor also shall
complete and submit to Owner as part of its Application for Payment, the Stored
Materials Record attached hereto and made a part hereof as Exhibit O.
4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to
the Project Manager or his or her designee, as directed by Owner (which designee may
include the Design Professional). After the date of each Application for Payment is
stamped as received and within the timeframes set forth in Section 218.735 F.S., the
Project Manager, or Design Professional, shall either: (1) Indicate its approval of the
requested payment; (2) indicate its approval of only a portion of the requested payment,
stating in writing its reasons therefore; or (3) return the Application for Payment to the
Contractor indicating, in writing, the reason for refusing to approve payment. Payments
of proper invoices in the amounts approved shall be processed and paid in accordance
with Section 218.735, F.S. and the administrative procedures established by the
County's Purchasing Department and the Clerk of Court's Finance Department
respectively.
In the event of a total denial by Owner and return of the Application for Payment by the
Project Manager, the Contractor may make the necessary corrections and re-submit the
Application for Payment. The Owner shall, within ten (10) business days after the
Application for Payment is stamped and received and after Project Manager approval of
an Application for Payment, pay the Contractor the amounts so approved.
4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly
payment request or ten percent (10%) of the portion thereof approved by the Project
Manager for payment, whichever is less. Such sum shall be accumulated and not
released to Contractor until final payment is due unless otherwise agreed to by the
Owner. The Project Manager shall have the discretion to establish, in writing, a
schedule to periodically reduce the percentage of cumulative retainage held through out
the course of the Project schedule. Owner reserves the right to reduce the amount of
the retainage withheld subject to the guidelines as set forth in the Owner's Purchasing
Policy.
4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
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4.7 Each Application for Payment shall be accompanied by a Release and Affidavit,
in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full
for all materials, labor, equipment and other bills that are then due and payable by
Owner with respect to the current Application for Payment. Further, to the extent
directed by Owner and in Owner's sole discretion, Contractor shall also submit a
Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the
form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor
or supplier has been paid in full through the previous month's Application for Payment.
The Owner shall not be required to make payment until and unless these affidavits are
furnished by Contractor.
4.8 Contractor agrees and understands that funding limitations exist and that the
expenditure of funds must be spread over the duration of the Project at regular intervals
based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting
its first monthly Application for Payment, Contractor shall prepare and submit for Project
Manager's review and approval, a detailed Project Funding Schedule, which shall be
updated as necessary and approved by Owner to reflect approved adjustments to the
Contract Amount and Contract Time. No voluntary acceleration or early completion of
the Work shall modify the time of payments to Contractor as set forth in the approved
Project Funding Schedule.
4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work
performed under this Agreement, Contractor shall continue to perform the Work
required of it under this Agreement pending resolution of the dispute provided that
Owner continues to pay Contractor all amounts that Owner does not dispute are due
and payable.
5. PAYMENTS WITHHELD.
5.1 The Project Manager may decline to approve any Application for Payment, or
portions thereof, because of subsequently discovered evidence or subsequent
inspections that reveal non-compliance with the Contract Documents. The Project
Manager may nullify the whole or any part of any approval for payment previously
issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as
may be necessary in the Owner's opinion to protect it from loss because of:
(a) defective Work not remedied; (b) third party claims filed or reasonable evidence
indicating probable filing of such claims; (c) failure of Contractor to make payment
properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt
that the Work can be completed for the unpaid balance of the Contract Amount; (e)
reasonable indication that the Work will not be completed within the Contract Time; (f)
unsatisfactory prosecution of the Work by the Contractor; or (g) any other material
breach of the Contract Documents by Contractor.
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5.2 If any conditions described in 5.1. are not remedied or removed, Owner may,
after three (3) days written notice, rectify the same at Contractor's expense. Provided,
however, in the event of an emergency, Owner shall not be required to provide
Contractor any written notice prior to rectifying the situation at Contractor's expense.
Owner also may offset against any sums due Contractor the amount of any liquidated or
non-liquidated obligations of Contractor to Owner, whether relating to or arising out of
this Agreement or any other agreement between Contractor and Owner.
6. FINAL PAYMENT.
6.1 Owner shall make final payment to Contractor in accordance with Section
218.735, F.S. and the administrative procedures established by the County's
Purchasing Department and the Clerk of Court's Finance Department after the Work is
finally inspected and accepted by Project Manager as set forth with Section 20.1 herein,
provided that Contractor first, and as an explicit condition precedent to the accrual of
Contractor's right to final payment, shall have furnished Owner with a properly executed
and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly
executed copy of the Surety's consent to final payment and such other documentation
that may be required by the Contract Documents and the Owner. Prior to release of
final payment and final retainage, the Contractor's Representative and the Project
Manager shall jointly complete the Final Payment Checklist, a representative copy of
which is attached to this Agreement as Exhibit G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and
all claims by Contractor against Owner arising out of this Agreement or otherwise
relating to the Project, except those previously made in writing in accordance with the
requirements of the Contract Documents and identified by Contractor as unsettled in its
final Application for Payment. Neither the acceptance of the Work nor payment by
Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of
Contractor hereunder or to the recovery of damages for defective Work not discovered
by the Design Professional or Project Manager at the time of final inspection.
7 . SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all requirements
for approval of materials to be submitted such as shop drawings, data, test results,
schedules and samples. Contractor shall submit all such materials at its own expense
and in such form as required by the Contract Documents in sufficient time to prevent
any delay in the delivery of such materials and the installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular supplier,
the naming of the item is intended to establish the type, function and quality required.
Unless the name is followed by words indicating that no substitution is permitted,
materials or equipment of other suppliers may be accepted by Owner if sufficient
information is submitted by Contractor to allow the Owner to determine that the material
or equipment proposed is equivalent or equal to that named. Requests for review of
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substitute items of material and equipment will not be accepted by Owner from anyone
other than Contractor and all such requests must be submitted by Contractor to Project
Manager within thirty (30) calendar days after Notice of Award is received by
Contractor, unless otherwise mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor shall make application to the Project Manager for acceptance thereof,
certifying that the proposed substitute shall adequately perform the functions and
achieve the results called for by the general design, be similar and of equal substance
to that specified and be suited to the same use as that specified. The application shall
state that the evaluation and acceptance of the proposed substitute will not prejudice
Contractor's achievement of substantial completion on time, whether or not acceptance
of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project)
to adapt the design to the proposed substitute and whether or not incorporation or use
by the substitute in connection with the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that specified will be identified in
the application and available maintenance, repair and replacement service shall be
indicated. The application also shall contain an itemized estimate of all costs that will
result directly or indirectly from acceptance of such substitute, including costs for
redesign and claims of other contractors affected by the resulting change, all of which
shall be considered by the Project Manager in evaluating the proposed substitute. The
Project Manager may require Contractor to furnish at Contractor's expense additional
data about the proposed substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, Contractor may furnish or utilize a
substitute means, method, sequence, technique or procedure of construction
acceptable to the Project Manager, if Contractor submits sufficient information to allow
the Project Manager to determine that the substitute proposed is equivalent to that
indicated or required by the Contract Documents. The procedures for submission to
and review by the Project Manager shall be the same as those provided herein for
substitute materials and equipment.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate
each proposed substitute and, if need be, to consult with the Design Professional. No
substitute will be ordered, installed or utilized without the Project Manager's prior written
acceptance which shall be evidenced by a Change Order, a Work Directive Change, a
Field Order or an approved Shop Drawing. The Owner may require Contractor to
furnish at Contractor's expense a special performance guarantee or other surety with
respect to any substitute. The Project Manager will record time required by the Project
Manager and the Project Manager's consultants in evaluating substitutions proposed by
Contractor and making changes in the Contract Documents occasioned thereby.
Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse
Owner for the charges of the Design Professional and the Design Professional's
consultants for evaluating each proposed substitute.
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8. DAILY REPORTS, AS-BUlL TS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to
Project Manager on a weekly basis a daily log of the Contractor's work for the preceding
week in a format approved by the Project Manager. The daily log shall document all
activities of Contractor at the Project site including, but not limited to, 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
8.1.3
personnel;
Soil conditions which adversely affect the Work;
The hours of operation by Contractor's and Sub-Contractor's
8.1.4 The number of Contractor's and Sub-Contractor's personnel present
and working at the Project site, by subcontract and trade;
8.1.5 All equipment present at the Project site, description of equipment use
and designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the Project
8.1.10 Any problems that might impact either the cost or quality of the Work or
the time of performance.
The daily log shall not constitute nor take the place of any notice required to be given by
Contractor to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of
the Contract Documents, including, but not limited to, all drawings, specifications,
addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as
well as all written interpretations and clarifications issued by the Design Professional, in
good order and annotated to show all changes made during construction. The
annotated drawings shall be continuously updated by the Contractor throughout the
prosecution of the Work to accurately reflect all field changes that are made to adapt the
Work to field conditions, changes resulting from Change Orders, Work Directive
Changes and Field Orders, and all concealed and buried installations of piping, conduit
and utility services. All buried and concealed items, both inside and outside the Project
site, shall be accurately located on the annotated drawings as to depth and in
relationship to not less than two (2) permanent features (e.g. interior or exterior wall
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faces). The annotated drawings shall be clean and all changes, corrections and
dimensions shall be given in a neat and legible manner in a contrasting color. The
"As-Built" record documents, together with all approved samples and a counterpart of all
approved shop drawings shall be available to the Project Manager or Design
Professional for reference. Upon completion of the Work and as a condition precedent
to Contractor's entitlement to final payment, these "As-Built" record documents, samples
and shop drawings shall be delivered to Project Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation which concern or
relate to the Work hereunder for a minimum of five (5) years from the date of
termination of this Agreement or the date the Project is completed or such longer period
as may be required by law, whichever is later. Owner, or any duly authorized agents or
representatives of Owner, shall have the right to audit, inspect and copy all such
records and documentation as often as they deem necessary during the period of this
Agreement and during the document retention period noted above; provided, however,
such activity shall be conducted only during normal business hours.
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the
Work being done on the Project by its subcontractors and material-men, as well as
coordinating its Work with all work of others at the Project Site, so that its Work or the
work of others shall not be delayed or impaired by any act or omission by Contractor.
Contractor shall be solely responsible for all construction means, methods, techniques,
sequences, and procedures, as well as coordination of all portions of the Work under
the Contract Documents, and the coordination of Owner's suppliers and contractors as
setforth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the prosecution of or completion
of the Work as a result of unforeseeable causes beyond the control of Contractor, and
not due to its fault or neglect, including but not restricted to acts of Nature or of the
public enemy, acts of government, fires, floods, epidemics, quarantine regulation,
strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48)
hours after the commencement of such delay, stating the cause or causes thereof, or be
deemed to have waived any right which Contractor may have had to request a time
extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of the Work from any cause whatever, including those for
which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty
to perform or give rise to any right to damages or additional compensation from Owner.
Contractor expressly acknowledges and agrees that it shall receive no damages for
delay. Contractor's sole remedy, if any, against Owner will be the right to seek an
extension to the Contract Time; provided, however, the granting of any such time
extension shall not be a condition precedent to the aforementioned "No Damage For
Delay" provision. This paragraph shall expressly apply to claims for early completion,
as well as to claims based on late completion.
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9.4 In no event shall any approval by Owner authorizing Contractor to continue
performing Work under this Agreement or any payment issued by Owner to Contractor
be deemed a waiver of any right or claim Owner may have against Contractor for delay
damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to
increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as
a result of the change. Except in an emergency endangering life or property, or as
expressly set forth herein, no addition or changes to the Work shall be made except
upon written order of Owner, and Owner shall not be liable to the Contractor for any
increased compensation without such written order. No officer, employee or agent of
Owner is authorized to direct any extra or changed work orally. Any alleged changes
must be approved by Owner in writing prior to starting such items. Owner will not be
responsible for the costs of any changes commenced without Owner's express prior
written approval. Failure to obtain such prior written approval for any changes will be
deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by
Contractor that such items are in fact not a change but rather are part of the Work
required of Contractor hereunder.
10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be
issued and executed promptly after an agreement is reached between Contractor and
Owner concerning the requested changes. Contractor shall promptly perform changes
authorized by duly executed Change Orders. The Contract Amount and Contract Time
shall be adjusted in the Change Order in the manner as Owner and Contractor shall
mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the
requested change, Contractor shall, nevertheless, promptly perform the change as
directed by Owner in a written Work Directive Change. In that event, the Contract
Amount and Contract Time shall be adjusted as directed by Owner. If Contractor
disagrees with the Owner's adjustment determination, Contractor must make a claim
pursuant to Section 11 of these General Conditions or else be deemed to have waived
any claim on this matter it might otherwise have had.
10.4 In the event a requested change results in an increase to the Contract Amount,
the amount of the increase shall be limited to the Contractor's reasonable direct labor
and material costs and reasonable actual equipment costs as a result of the change
(including allowance for labor burden costs) plus a maximum ten percent (10%) markup
for all overhead and profit. In the event such change Work is performed by a
Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all
Subcontractors' and sub-subcontractors' direct labor and material costs and actual
equipment costs shall be permitted, with a maximum five percent (5%) markup thereon
by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen
percent (15%). All compensation due Contractor and any Subcontractor or
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sub-subcontractor for field and home office overhead is included in the markups noted
above. Contractor's and Sub-Contractor's bond costs associated with any change order
shall be included in the overhead and profit expenses and shall not be paid as a
separate line item.
10.5 Owner shall have the right to conduct an audit of Contractor's books and records
to verify the accuracy of the Contractor's claim with respect to Contractor's costs
associated with any Change Order or Work Directive Change.
10.6 The Project Manager shall have authority to order minor changes in the Work not
involving an adjustment to the Contract Amount or an extension to the Contract Time
and not inconsistent with the intent of the Contract Documents. Such changes may be
effected by Field Order or by other written order. Such changes shall be binding on the
Contractor.
11. CLAIMS AND DISPUTES.
11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or
interpretation of the terms of the Contract Documents, payment of money, extension of
time or other relief with respect to the terms of the Contract Documents. The term
"Claim" also includes other disputes and matters in question between Owner and
Contractor arising out of or relating to the Contract Documents. The responsibility to
substantiate a Claim shall rest with the party making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Project Manager within
forty-eight (48) hours from when the Contractor knew or should have known of the event
giving rise to such Claim or else the Contractor shall be deemed to have waived the
Claim. Written supporting data shall be submitted to the Project Manager within fifteen
(15) calendar days after the occurrence of the event, unless the Owner grants additional
time in writing, or else the Contractor shall be deemed to have waived the Claim.
Claims not settled by the aforesaid procedure, shall be resolved according to the
Dispute Resolution Procedure copies of which are available in the County Attorney's
Office or Purchasing Department. All Claims shall be priced in accordance with the
provisions of Subsection 10.4.
11.3 The Contractor shall proceed diligently with its performance as directed by the
Owner, regardless of any pending Claim, action, suit or administrative proceeding,
unless otherwise agreed to by the Owner in writing. Owner shall continue to make
payments in accordance with the Contract Documents during the pendency of any
Claim.
12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own
forces, have other work performed by utility owners or let other direct contracts. If the
fact that such other work is to be performed is not noted in the Contract Documents,
written notice thereof will be given to Contractor prior to starting any such other work. If
Contractor believes that such performance will involve additional expense to Contractor
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or require additional time, Contractor shall send written notice of that fact to Owner and
Design Professional within forty-eight (48) hours of being notified of the other work. If
the Contractor fails to send the above required forty-eight (48) hour notice, the
Contractor will be deemed to have waived any rights it otherwise may have had to seek
an extension to the Contract Time or adjustment to the Contract Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to
such a direct contract (or Owner, if Owner is performing the additional work with
Owner's employees) proper and safe access to the site and a reasonable opportunity
for the introduction and storage of materials and equipment and the execution of such
work and shall properly connect and coordinate its Work with theirs. Contractor shall do
all cutting, fitting and patching of the Work that may be required to make its several
parts come together properly and integrate with such other work. Contractor shall not
endanger any work of others by cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of the Project Manager and the
others whose work will be affected. The duties and responsibilities of Contractor under
this paragraph are for the benefit of such utility owners and other Contractors to the
extent that there are comparable provisions for the benefit of Contractor in said direct
contracts between Owner and such utility owners and other contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the
work of any other contractor or utility owner (or Owner), Contractor shall inspect and
promptly report to Project Manager in writing any delays, defects or deficiencies in such
work that render it unavailable or unsuitable for such proper execution and results.
Contractor's failure to report will constitute an acceptance of the other work as fit and
proper for integration with Contractor's Work.
13. INDEMNIFICATION AND INSURANCE.
13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and
hold harmless Owner and its officers and employees from any and all liabilities, claims,
damages, penalties, demands, judgments, actions, proceedings, losses or costs,
including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether
resulting from any claimed breach of this Agreement by Contractor or from personal
injury, property damage, direct or consequential damages, or economic loss, to the
extent caused by the negligence, recklessness, or intentional wrongful misconduct of
Contractor or anyone employed or utilized by the Contractor in the performance of this
Agreement.
13.2 The duty to defend under this Article 13 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, Owner and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being
provided to Contractor. Contractor's obligation to indemnify and defend under this
Article 13 will survive the expiration or earlier termination of this Agreement until it is
determined by final judgment that an action against the Owner or an indemnified party
GC-CA-H-12
'""GJI
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
GC-CA-H-13
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bound to it and to assume toward Contractor all of the obligations and responsibilities
that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits
and fees, including license fees, permit fees, impact fees or inspection fees applicable
to the Work through an internal budget transfer(s). Contractor is not responsible for
paying for permits issued by Collier County, but Contractor is responsible for acquiring
all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier County agencies when the Contractor is acquiring
permits.
17.2 All permits, fees and licenses necessary for the prosecution of the Work which
are not issued by Collier County shall be acquired and paid for by the Contractor.
17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work.
18. TERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement and such
default shall be considered cause for Owner to terminate the Agreement, in whole or in
part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under
the Contract Documents within the time specified herein; or (2) fails to properly and
timely perform the Work as directed by the Project Manager or as provided for in the
approved Progress Schedule; or (3) performs the Work unsuitably or neglects or
refuses to remove materials or to correct or replace such Work as may be rejected as
unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails
to resume Work which has been suspended within a reasonable time after being
notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act
of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more
than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to
obey any applicable codes, laws, ordinances, rules or regulations with respect to the
Work; or (10) materially breaches any other provision of the Contract Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner
determines that Contractor has not remedied and cured the default(s) within seven (7)
calendar days following receipt by Contractor of said written notice or such longer
period of time as may be consented to by Owner in writing and in its sole discretion,
then Owner, at its option, without releasing or waiving its rights and remedies against
the Contractor's sureties and without prejudice to any other right or remedy it may be
entitled to hereunder or by law, may terminate Contractor's right to proceed under the
Agreement, in whole or in part, and take possession of all or any portion of the Work
and any materials, tools, equipment, and appliances of Contractor, take assignments of
any of Contractor's subcontracts and purchase orders, and complete all or any portion
GC-CA-H-14
of Contractor's Work by whatever means, method or agency which Owner, in its sole
discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that
it shall not be entitled to receive any further payments hereunder until after the Project is
completed. All moneys expended and all of the costs, losses, damages and extra
expenses, including all management, administrative and other overhead and other
direct and indirect expenses (including Design Professional and attorneys' fees) or
damages incurred by Owner incident to such completion, shall be deducted from the
Contract Amount, and if such expenditures exceed the unpaid balance of the Contract
Amount, Contractor agrees to pay promptly to Owner on demand the full amount of
such excess, including costs of collection, attorneys' fees (including appeals) and
interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of
the Contract Amount exceeds all such costs, expenditures and damages incurred by the
Owner to complete the Work, such excess shall be paid to the Contractor. The amount
to be paid to the Contractor or Owner, as the case may be, shall be approved by the
Project Manager, upon application, and this obligation for payment shall survive
termination of the Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of
any and all sums paid, expenses and losses incurred, damages sustained, and
obligations assumed by Owner in good faith under the belief that such payments or
assumptions were necessary or required, in completing the Work and providing labor,
materials, equipment, supplies, and other items therefor or re-Ietting the Work, and in
settlement, discharge or compromise of any claims, demands, suits, and judgments
pertaining to or arising out of the Work hereunder.
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this
Section, it is determined for any reason that Contractor was not in default, or that its
default was excusable, or that Owner is not entitled to the remedies against Contractor
provided herein, then the termination will be deemed a termination for convenience and
Contractor's remedies against Owner shall be the same as and limited to those afforded
Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within
thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill
some material obligation owed by Owner to Contractor under this Agreement, and
(ii) Owner has failed to cure such default within fourteen (14) days of receiving written
notice of same from Contractor, then Contractor may stop its performance under this
Agreement until such default is cured, after giving Owner a second fourteen (14) days
written notice of Contractor's intention to stop performance under the Agreement. If the
Work is so stopped for a period of one hundred and twenty (120) consecutive days
through no act or fault of the Contractor or its Subcontractors or their agents or
employees or any other persons performing portions of the Work under contract with the
Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving
written notice to Owner of Contractor's intent to terminate this Agreement. If Owner
does not cure its default within fourteen (14) days after receipt of Contractor's written
GC-CA-H-15
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notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner,
terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for
Work not performed or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon
seven (7) calendar days written notice to Contractor. In the event of such termination
for convenience, Contractor's recovery against Owner shall be limited to that portion of
the Contract Amount earned through the date of termination, together with any
retainage withheld and reasonable termination expenses incurred, but Contractor shall
not be entitled to any other or further recovery against Owner, including, but not limited
to, damages or any ahticipated 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
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
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the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from
future bid opportunities with the Owner, in addition to any other rights and remedies
available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and
employees, and governmental agencies with jurisdiction over the Project shall have
access at all times to the Work, whether the Work is being performed on or off of the
Project site, for their observation, inspection and testing. Contractor shall provide
proper, safe conditions for such access. Contractor shall provide Project Manager with
timely notice of readiness of the Work for all required inspections, tests or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of
any public authority having jurisdiction over the Project requires any portion of the Work
to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish Project
Manager the required certificates of inspection, testing or approval. All inspections,
tests or approvals shall be performed in a manner and by organizations acceptable to
the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection
fees and costs; to the extent such re-inspections are due to the fault or neglect of
Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered without written
concurrence from the Project Manager, such work must, if requested by Project
Manager, be uncovered for observation. Such uncovering shall be at Contractor's
expense unless Contractor has given Project Manager timely notice of Contractor's
intention to cover the same and Project Manager has not acted with reasonable
promptness to respond to such notice. If any Work is covered contrary to written
directions from Project Manager, such Work must, if requested by Project Manager, be
uncovered for Project Manager's observation and be replaced at Contractor's sole
expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due
Contractor all engineering and inspection expenses incurred by Owner in connection
with any overtime work. Such overtime work consisting of any work during the
construction period beyond the regular eight (8) hour day and for any work performed
on Saturday, Sunday or holidays.
22.6 Neither observations nor other actions by the Project Manager or Design
Professional nor inspections, tests or approvals by others shall relieve Contractor from
Contractor's obligations to perform the Work in accordance with the Contract
Documents.
23. DEFECTIVE WORK.
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23.1 Work not conforming to the requirements of the Contract Documents or any
warranties made or assigned by Contractor to Owner shall be deemed defective Work.
If required by Project Manager, Contractor shall as directed, either correct all defective
Work, whether or not fabricated, installed or completed, or if the defective Work has
been rejected by Project Manager, remove it from the site and replace it with non-
defective Work. Contractor shall bear all direct, indirect and consequential costs of
such correction or removal (including, but not limited to fees and charges of engineers,
architects, attorneys and other professionals) made necessary thereby, and shall hold
Owner harmless for same.
23.2 If the Project Manager considers it necessary or advisable that covered Work be
observed by Design Professional or inspected or tested by others and such Work is not
otherwise required to be inspected or tested, Contractor, at Project Manager's request,
shall uncover, expose or otherwise make available for observation, inspection or tests
as Project Manager may require, that portion of the Work in question, furnishing all
necessary labor, material and equipment. If it is found that such Work is defective,
Contractor shall bear all direct, indirect and consequential costs of such uncovering,
exposure, observation, inspection and testing and of satisfactory reconstruction
(including, but not limited to, fees and charges of engineers, architects, attorneys and
other professionals), and Owner shall be entitled to an appropriate decrease in the
Contract Amount. If, however, such Work is not found to be defective, Contractor shall
be allowed an increase in the Contract Amount and/or an extension to the Contract
Time, directly attributable to such uncovering, exposure, observation, inspection, testing
and reconstruction.
23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient
skilled workers, suitable materials or equipment or fails to finish or perform the Work in
such a way that the completed Work will conform to the Contract Documents, Project
Manager may order Contractor to stop the Work, or any portion thereof, until the cause
for such order has been eliminated. The right of Project Manager to stop the Work
shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be
construed as obligating the Project Manager to exercise this right for the benefit of
Design Builder or any other person.
23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest
to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect
and consequential costs attributable to the Owner's evaluation of and determination to
accept defective Work. If such determination is rendered prior to final payment, a
Change Order shall be executed evidencing such acceptance of such defective Work,
incorporating the necessary revisions in the Contract Documents and reflecting an
appropriate decrease in the Contract Amount. If the Owner accepts such defective
Work after final payment, Contractor shall promptly pay Owner an appropriate amount
to adequately compensate Owner for its acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project
Manager, to correct defective Work or to remove and replace rejected defective Work
GC-CA-H-19
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
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
GC-CA-H-20
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.B, for services not rendered.
25. PROTECTION OF WORK.
25.1 Contractor shall fully protect the Work from loss or damage and shall bear the
cost of any such loss or damage until final payment has been made. If Contractor or
anyone for whom Contractor is legally liable for is responsible for any loss or damage
to the Work, or other work or materials of Owner or Owner's separate contractors,
Contractor shall be charged with the same, and any moneys necessary to replace such
loss or damage shall be deducted from any amounts due Contractor.
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
25.3 Contractor shall not disturb any benchmark established by the Owner or Design
Professional with respect to the Project. If Contractor, or its subcontractors, agents or
anyone for whom Contractor is legally liable, disturbs the Owner or Design
Professional's benchmarks, Contractor shall immediately notify Project Manager and
Design Professional. The Owner or Design Professional shall re-establish the
benchmarks and Contractor shall be liable for all costs incurred by Owner associated
therewith.
26. EMERGENCIES.
26.1 In the event of an emergency affecting the safety or protection of persons or the
Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner or Design Professional is obligated to act to
prevent threatened damage, injury or loss. Contractor shall give Project Manager
written notice within forty-eight (48) hours after Contractor knew or should have known
of the occurrence of the emergency, if Contractor believes that any significant changes
in the Work or variations from the Contract Documents have been caused thereby. If
the Project Manager determines that a change in the Contract Documents is required
because of the action taken in response to an emergency, a Change Order shall be
issued to document the consequences of the changes or variations. If Contractor fails
to provide the forty-eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas
identified in and pennitted by the Contract Documents and other lands and areas
permitted by law, rights of way, permits and easements, and shall not unreasonably
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v
encumber the Project site with construction equipment or other material or equipment.
Contractor shall assume full responsibility for any damage to any such land or area, or
to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from
the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
28.1.1 All employees on or about the project site and other persons and/or
organizations who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein,
whether in storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees,
shrubs, walks, pavements, roadways, structures, utilities and any underground
structures or improvements not designated for removal, relocation or replacement in the
Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and
regulations of any public body having jurisdiction for the safety of persons or property or
to protect them from damage, injury or loss. Contractor shall erect and maintain all
necessary safeguards for such safety and protection. Contractor shall notify owners of
adjacent property and of underground structures and improvements and utility owners
when prosecution of the Work may affect them, and shall cooperate with them in the
protection, removal, relocation or replacement of their property. Contractor's duties and
responsibilities for the safety and protection of the Work shall continue until such time
as the Work is completed and final acceptance of same by Owner has occurred.
28.3. Contractor shall designate a responsible representative located on a full time
basis at the Project site whose duty shall be the prevention of accidents. This person
shall be Contractor's superintendent unless otherwise designated in writing by
Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner
property. All employees of Contractor, as well as those of all subcontractors and those
of any other person or entity for whom Contractor is legally liable (collectively referred to
herein as "Employees"), shall not possess or be under the influence of any such
substances while on any Owner property. Further, Employees shall not bring on to any
Owner property any gun, rifle or other firearm, or explosives of any kind.
28.5 Contractor acknowledges that the Work may be progressing on a Project site
which is located upon or adjacent to an existing Owner facility. In such event,
Contractor shall comply with the following:
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if
28.5.1
All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by
Contractor. Such identification badge must be prominently displayed on the outside of
the Employees' clothing at all times. All Employees working at the Project site must log
in and out with the Contractor each day;
28.5.3 Contractor shall strictly limit its operations to the designated work
areas and shall not permit any Employees to enter any other portions of Owner's
property without Owner's expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other
materials upon Owner's property, and are strictly prohibited from using any of Owner's
telephones or other office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations
with respect to dress and conduct at the Project site. Further, all Employees shall
comply with the dress, conduct and facility regulations issued by Owner's officials
onsite, as said regulations may be changed from time to time;
28.5.6 All Employees shall enter and leave Owner's facilities only through
the ingress and egress points identified in the site utilization plan approved by Owner or
as otherwise designated, from time to time, by Owner in writing;
28.5.7 When requested, Contractor shall cooperate with any ongoing
Owner investigation involving personal injury, economic loss or damage to Owner's
facilities or personal property therein;
28.5.8 The Employees may not solicit, distribute or sell products while on
Owner's property. Friends, family members or other visitors of the Employees are not
permitted on Owner's property; and
28.5.9 At all times, Contractor shall adhere to Owner's safety and security
regulations, and shall comply with all security requirements at Owner's facilities, as said
regulations and requirements may be modified or changed by Owner from time to time.
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre-construction
conference with the Project Manager, Design Professional and others as appropriate to
discuss the Progress Schedule, procedures for handling shop drawings and other
submittals, and for processing Applications for Payment, and to establish a working
understanding among the parties as to the Work. During the prosecution of the Work,
the Contractor shall attend any and all meetings convened by the Project Manager with
respect to the Project, when directed to do so by Project Manager or Design
Professional. The Contractor shall have its subcontractors and suppliers attend all such
GC-CA-H-23
10 J "1''''.'
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 is available on-line at colliergov.neUpurchasing.
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 Owner is exempt from
sales tax and may wish to generate sales tax savings for the Project, Owner reserves
the right to make direct purchases of various construction materials and equipment
included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to
vendors selected by Contractor, for execution by Owner, on forms provided by Owner.
Contractor shall allow two weeks for execution of all such purchase orders by Owner.
Contractor represents and warrants that it will use its best efforts to cooperate with
Owner in implementing this sales tax savings program in order to maximize cost
savings for the Project. Adjustments to the Contract Amount will be made by
GC-CA-H-24
d'~- ,
appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the
saved sales taxes. A Change Order shall be processed promptly after each Direct
Purchase, or group of similar or related Direct Purchases, unless otherwise mutually
agreed upon between Owner and Contractor. With respect to all Direct Purchases by
Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, storing, handling, installing, warranting and quality control for all
Direct Purchases. Notwithstanding anything herein to the contrary, Contractor
expressly acknowledges and agrees that all Direct Purchases shall be included within
and covered by Contractor's warranty to Owner to the same extent as all other
warranties provided by Contractor pursuant to the terms of the Contract Documents. In
the event Owner makes a demand against Contractor with respect to any Direct
Purchase and Contractor wishes to make claim against the manufacturer or supplier of
such Direct Purchase, upon request from Contractor Owner shall assign to Contractor
any and all warranties and Contract rights Owner may have from any manufacturer or
supplier of any such Direct Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for
sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal
excise taxes.
33. SUBCONTRACTS
33.1 Contractor shall review the design and shall determine how it desires to divide
the sequence of construction activities. Contractor will determine the breakdown and
composition of bid packages for award of subcontracts, based on the current Project
Milestone Schedule, and shall supply a copy of that breakdown and composition to
Owner and Design Professional for their review and approval prior to submitting its first
Application for Payment. Contractor shall take into consideration such factors as
natural and practical lines of severability, sequencing effectiveness, access and
availability constraints, total time for completion, construction market conditions,
availability of labor and materials, community relations and any other factors pertinent to
saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying
or providing any portion of the Work pursuant to a contract with Contractor. Contractor
shall be solely responsible for and have control over the Subcontractors. Contractor
shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests
for Proposal, with all affected Subcontractors and shall review the costs of those
proposals and advise Owner and Design Professional of their validity and
reasonableness, acting in Owner's best interest, prior to requesting approval of any
Change Order from Owner. All Subcontractors performing any portion of the Work on
this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a
person or entity that has the capability in all respects to perform fully the Agreement
requirements with respect to its portion of the Work and has the integrity and reliability
to assure good faith performance.
GC-CA-H-25
10 .f
\..J
33.3 In addition to those Subcontractors identified in Contractor's bid that were
approved by Owner, Contractor also shall identify any other Subcontractors, including
their addresses, licensing information and phone numbers, it intends to utilize for the
Project prior to entering into any subcontract or purchase order and prior to the
Subcontractor commencing any work on the Project. The list identifying each
Subcontractor cannot be modified, changed, or amended without prior written approval
from Owner. Any and all Subcontractor work to be self-performed by Contractor must
be approved in writing by Owner in its sole discretion prior to commencement of such
work. Contractor shall continuously update that Subcontractor list, so that it remains
current and accurate throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any
Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not
be required to contract with anyone it reasonably objects to. Contractor shall keep on
file a copy of the license for every Subcontractor and sub-subcontractor performing any
portion of the Work, as well as maintain a log of all such licenses. All subcontracts and
purchase orders between Contractor and its Subcontractors shall be in writing and are
subject to Owner's approval. Further, unless expressly waived in writing by Owner, all
subcontracts and purchase orders shall (1) require each Subcontractor to be bound to
Contractor to the same extent Contractor is bound to Owner by the terms of the
Contract Documents, as those terms may apply to the portion of the Work to be
performed by the Subcontractor, (2) provide for the assignment of the subcontract or
purchase order from Contractor to Owner at the election of Owner upon termination of
Contractor, (3) provide that Owner will be an additional indemnified party of the
subcontract or purchase order, (4) provide that Owner will be an additional insured on
all liability insurance policies required to be provided by the Subcontractor except
workman's compensation and business automobile policies, (5) assign all warranties
directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the
subcontract or purchase order. Contractor shall make available to each proposed
Subcontractor, prior to the execution of the subcontract, copies of the Contract
Documents to which the Subcontractor will be bound. Each Subcontractor shall
similarly make copies of such documents available to its sub-subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide
field (on-site) supervision through a named superintendent for each trade (e.g., general
concrete forming and placement, masonry, mechanical, plumbing, electrical and
roofing) included in its subcontract or purchase order. In addition, the Subcontractor
shall assign and name a qualified employee for scheduling direction for its portion of the
Work. The supervisory employees of the Subcontractor (including field superintendent,
foreman and schedulers at all levels) must have been employed in a supervisory
(leadership) capacity of substantially equivalent level on a similar project for at least two
years within the last five years. The Subcontractor shall include a resume of experience
for each employee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and
purchase orders shall provide:
GC-CA-H-26
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 .1 0
34.1.11
34.1.12
34. 1 . 13
34. 1 . 14
34.1.15
34.1 . 16
34. 1 . 17
Subcontracts and Purchase Orders
Subcontractor Licenses
Shop Drawing Submittal/Approval Logs
Equipment Purchase/Delivery Logs
Contract Drawings and Specifications with Addenda
Warranties and Guarantees
Cost Accounting Records
Labor Costs
Material Costs
Equipment Costs
Cost Proposal Request
Payment Request Records
Meeting Minutes
Cost-Estimates
Bulletin Quotations
Lab Test Reports
Insurance Certificates and Bonds
GC-CA-H-27
34.1.18
34.1.19
34.1.20
34.1.21
34.1.22
34.1.23
34.1.24
34.1.25
34.1.26
34.1.27
34.1.28
34.1.29
34.1.30
34.1.31
34.1.32
Contract Changes
Permits
Material Purchase Delivery Logs
Technical Standards
Design Handbooks
"As-Built" Marked Prints
Operating & Maintenance Instruction
Daily Progress Reports
Monthly Progress Reports
Correspondence Files
Transmittal Records
Inspection Reports
Punch Lists
PM IS Schedule and Updates
Suspense (Tickler) Files of Outstanding
Requirements
10 !
t,'
The Project files and records shall be available at all times to Owner and Design
Professional or their designees for reference, review or copying.
GC-CA-H-28
EXHIBIT I
SUPPLEMENTAL TERMS AND CONDITIONS
GC-CA-I-1
EXHIBIT J
TECHNICAL SPECIFICATIONS
GC-CA-J-1
COLLIER COUNTY GOVERNMENT CENTER
10 f
\,.:J
PRIMARY WATER SOURCE - 25 HP VFD BOOSTER PUMP
SINGLE CENTRIFUGAL PUMP SYSTEM
FIBERGLASS ENCLOSED PRESSURE DEMAND
PURPOSE:
To provide a complete prefabricated variable frequency drive skid mounted fiberglass enclosed pressure
demand centrifugal pump system from a sole source company, herein after referred to as the
"manufacturer", whose primary business is the manufacture of prefabricated pump systems. The
manufacturer will manufacture, flow test, install and warrant the system to meet all specified operating
requirements described below and in the system detail. The system shall be a Model HCF-25PDV-460/3-
AHMRQ-Z as manufactured by Hoover Pumping Systems of Pompano Beach, Florida USA 954-971-7350
specified below and shown on the plan details. This specification describes the general components and
minimal operating requirements and shall not be construed as a manufacturing guide or complete list of
required system components and appurtenances.
The contractor shall submit seven (7) complete copies of the shop drawings to the designer for approval,
prior to system order placement. The submittal shall contain cut sheets for all system components. To
be considered an equal, the contractor must submit the following 12 days prior to bid opening:
manufacturer brochure showing prefabricated pump systems manufacturing is the primary business of
the manufacturer or division proposed to manufacture the system, written specifications, dimensioned
layout detail, electrical schematic, product sheets for all main components, Underwriters Laboratory
electrical control panel and "Packaged Pumping System" manufacturer's file numbers, list of 6 projects
with similar operating systems with current name and phone number of person responsible for system
operation, manufacturer's insurance certificate for general liability showing minimum coverage of $1
million, and written certification from the manufacturer stating the proposed system meets all
requirements described in this specification, the detail and the bid documents.
If the data submitted is determined to be an equal by the designer the bidder will be notified prior to the
bid date.
FIBERGLASS ENCLOSURE:
The pump station shall be protected by a fiberglass enclosure, 4' x 8' with chemical and ultraviolet
resistant open mold resin with exterior finish that is uniform in color and texture, reinforced with fiberglass
and stiffeners for rigidity. The enclosure shall open clear of the station for ease of service and have a
stainless steel hinge and self-latching lockable handle. The enclosure shall be of dimensions adequate to
contain the entire pump station including the discharge header and controls.
MOUNTING ASSEMBLY:
The pump station shall be mounted on a prefabricated 4' x 8' galvanized steel structural skid. Aluminum
pedestals shall be provided to mount the pump motor and control panel assemblies. The entire station
shall be installed on a reinforced concrete slab sized as noted on the system detail.
PUMP AND MOTOR:
The pump shall be a single-stage end-suction centrifugal type, with the liquid end mounted directly to the
motor enclosure to allow rear pull out of the entire motor. A pressure sensor for loss of prime protection
and thermal sensor for pump overheat protection shall be mounted into the pump volute.
The system will be designed for operation at 3,450 RPM. The pump driving motor shall be of the squirrel
cage induction type. The motor shall be suitable for full voltage starting at 60 Hz. The motor enclosure
shall be totally enclosed fan cooled for all motors greater than 5.5 horsepower and open drip proof (ODP)
for 5.5 horsepower and smaller, configured to allow direct mounting of the pump's liquid end.
1
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The motor shall be rated at 25 HP at 60 Hz. Motor will not exceed 1 OHP when only
single phase electric service is available.
PUMP STATION PERFORMANCE:
The required pump performance with a maximum of 12 feet of suction lift is as follows: a) discharge
pressure of 70 psi, b) maximum required flow of 350 GPM, and c) minimum required flow of 35 GPM.
IRRIGATION PUMP CONTROL PANEL:
The control panel assembly shall be Underwriters Laboratories listed in accordance with section 50BA for
"enclosed industrial control panels." All control devices and electronic auto-sensory circuitry shall be
housed in a self-contained weather-resistant NEMA 4 control cabinet. An electrical schematic shall be
permanently mounted inside the cabinet. The control cabinet shall contain the following protection and
control equipment:
Operation
This station operates as a Variable Frequency Drive (VFD) pressure demand start, reduced-flow
retirement system. The station automatically maintains a constant discharge pressure from a pressure
transducer input regardless of varying flow demands within the station operating range. The system is
equipped with a 'Hand-Off-Auto' (H-O-A) selector switch, and a 'Reset-Normal-Override' selector switch.
The self-diagnostic control panel assembly includes an 'Alarm' indicator light, and an operator interface
for display of status and diagnostic messages, event lists, and operation history. The operator interface
also allows for viewing of system setup parameters.
Hoover-Flow Software features include flow control of pump starts, sequencing and retirement; automatic
pump alternation; Loss of Prime/No-flow protection, Low Pressure protection, High Pressure protection,
Pump Overheat protection; diagnostic information, flow and pressure history, service counters, elapsed
run time meters, date and time stamping; Phase Loss protection, Phase Unbalance protection, Voltage
monitoring and protection, operating mode meters, Service required alerts; Remote Communication Link
interface; Hoover Drive control; emergency bypass operation, cooling system control, self-cleaning intake
screen control; Booster bypass control; fail-safe data protection.
Pressure Demand
The pump starts when the mainline pressure drops below the setting of the start pressure switch.
No-flow Retirement
The pump shuts off if water stops flowing for 15 seconds.
Loss of Prime Protection
If the system pressure remains below the start pressure, and there is no flow of water through the system
during pump operation for 45 seconds, the pump will shut off and the 'Loss of Prime' light will turn on.
The system will remain off until 'Reset'.
Low Pressure Protection
If the mainline pressure falls below the start pressure for 12 minutes during pum p operation, the pum p will
shut off, and the 'Low Pressure' light will turn on. The system will remain off until 'Reset'.
Thermal Protection
If the temperature at the pump volute exceeds 43C after at least 3 minutes of pump operation, the pump
will shut off, and the 'Pump Overheat' light will turn on. The system will remain off until 'Reset'.
Drive Fault
In case of a drive fault, including under or over voltage, over current, heatsink thermal, and ground fault,
the affected pump will shut off, the 'Alarm' light will illuminate, and the operator interface will display 'Drive
Fault'. The pump will remain off until the system is 'Reset'.
2
i ,
Hand - Off - Auto Switch
The pump is equipped with an H-O-A selector switch that operates as follows:
Position
Function
Hand
Manual pump start. This position overrides all protective features and start
controls.
Off
Pump will not run.
Auto
Pump will start automatically. In this position, all start controls and protective
features are active.
Reset - Normal - Override Switch
The station is equipped with an Override selector switch that operates as follows:
Position
Function
Reset
Resets all system failures.
Normal
Low Pressure protection is active.
Override
Low Pressure protection is disabled.
Operator Interface
A NEMA 4X HMI (Human Machine Interface) shall be provided with status display and control of
operating mode, I/O status, system pressure, system flow, pressure and flow setpoints, elapsed run
times, fault timer values and presets, display brightness, clock time, alarm and event logs with date and
time stamps, and diagnostic information including counters and alarm indicators.
Protection Equipment
- Front operated main power disconnect
- Motor fuses for motor and drive short circuit and ground fault protection
- Full voltage class 10 IEC motor starters for emergency bypass operation
- Metal oxide varistors (MOV) for transient voltage suppression per phase
- Fused control circuitry with blown fuse lighted indicator for each circuit
VARIABLE FREQUENCY DRIVES (VFD):
Variable Frequency Drive with the following characteristics shall be provided for the pump motor: 32-bit
microprocessor controlled Pulse Width Modulated output, IGBT transistors, line reactors, built-in
adjustable PID control, acceleration ramp up and down, heat sink with fan cooling for systems less than
15 horsepower and heat exchanger with forced-air ventilation for systems 15 horsepower and above each
sized to maintain the drives rated operating ambient temperature, variable torque control, 32 character
alphanumeric English full text parameter display, single function keys, block parameter access, dual
analog outputs, automatic and manual reset, opto-isolated outputs, log of last 30 events retained in
memory.
PRESSURE TRANSMITTER:
A 4-20mA-pressure transmitter shall provide a feedback signal to drive PID loops and for system pressure
control. The transmitter shall be CE & UL recognized and built with an all stainless steel housing and
pressure port, rated to NEMA 4, and able to withstand shock and vibration levels to MIL-STD-810E. The
transmitter sensor element will provide a signal over 0-150 PSIG range while rated for 600-PSI
overpressure minimum. Conformity error will be less than or equal to 0.50% and the transmitter shaH be
capable of operation from -40 to +120C.
3
lOJ
DISCHARGE PIPE MANIFOLD:
The pipe discharge manifold shall be constructed of galvanized steel pipe with galvanized roll groove
fittings. A wafer type butterfly valve will be provided on headers 3" or greater and bronze ball valve on
smaller headers at the pump station discharge. A 15 gallon capacity hydropneumatic pressure tank with
isolation valve and hose bib will be installed on the pump system skid inside the enclosure connected to
the discharge header.
SUCTION LINE:
The minimum size suction line shall be 3" diameter or larger as required for a maximum of 5 feet per
second velocity flow. If a reducing fitting is required at the pump suction an eccentric reducer shall be
installed. Any above ground pipe exposed to sunlight shall be schedule 40 galvanized steel with
galvanized roll groove fittings. Suction pipe and fittings through 4" diameter shall be Schedule 40 PVC
solvent weld. Suction pipe for 6" diameter shall be Schedule 40 PVC with galvanized roll groove fittings.
Suction pipe for 8" diameter shall be galvanized steel with galvanized roll groove fittings.
AUTOMATIC CONTROL VALVE:
The automatic control valve shall be single-seated, hydraulically operated, diaphragm-actuated, pilot-
controlled globe or angle pattern drip tight valve incorporating the following features:
- Pressure reducing pilot
- Pressure gauges up and downstream of the valve
- Large capacity disk filter on pilot control tubing
- 220 psi polyethylene control tubing with prest-o-Iock fittings
- Cast iron with powder coated finish
SHUTOFF VALVE:
The shutoff valve shall be single-seated, hydraulically operated, diaphragm-actuated globe or angle
pattern drip tight valve incorporating the following features:
- Continuous duty solenoid, normally open
- Pressure gauges up and downstream of the valve
- Large capacity disk filter on pilot control tubing
- 220 psi polyethylene control tubing with prest-o-Iock fittings
- Cast iron with powder coated finish
The solenoid shall be energized to open or close from Hoover FlowGuard.
WATER MANAGEMENT SYSTEM:
The water management system shall be a Hoover Flowguard @ Model as manufactured by Hoover
Pumping Systems of Pompano Beach, Florida USA 954-971-7350 specified below and shown on the plan
details. This specification describes the general components and minimal operating requirements and
shall not be construed as a manufacturing guide or complete list of required system components and
appurtenances.
The Hoover Flowguard remote water use monitoring, data acquisition, and control system includes:
1. NEMA 4X industrial control panel enclosure with NEMA 4X valve status indicator LED pilot light.
2. Surge protection for power and phone lines, replaceable protection element and visual indication
of protection status.
3. Dry contact relay output with 120VAC x 24VAC 150VA Industrial Control Transformer with
primary and secondary fuses for 24VAC output to control valve solenoid.
4. Industrial modem rated -300 to + 700C
Hoover Flowguard Software includes:
1. Remote reporting of instantaneous and total flows.
2. Daily, monthly, and annual flow volume history with separate set points and alarms for
exceeded budget volume, total daily volume, total monthly volume, and total annual
volume, with time and date stamp. User selectable automatic or manual restarts for
daily, monthly, and annual water budget shut-downs.
3. Automatic generation of Water Management usage reports.
4
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'-~,.../
4. Automatic alarm shut-downs for excessive flow rates and total flows, adjustable restart
attempts after alarm shut-down, including time delay between restarts.
5. Graphing of real-time and historical flow rates.
6. Water restriction control with day of week, odd/even days, and water window clock.
7. Time and date stamped alarms and warnings on flow chart & separate event log.
8. Remote shut-down and reset features.
9. Database of dial-up monitor sites including site name, telephone number, and address.
Computer Interface:
1. Dell Laptop computer or equal with pre-installed Hoover F/owguard and
Compact Disk with backup copy of software.
MAINTENANCE:
The pump system manufacturer shall perform preventive maintenance each calendar quarter the first two
years from date of startup for a total of seven service visits. All work shall be performed by a factory
trained technician out of a truck stacked with tools, equipment and wearable replacement parts. All
service, labor and wearable parts that require replacement during normal operation shall be included in
the original pump system price. A report detailing work performed and readings of all program delays,
operating pressure, tank pressure, voltage and amperage under load and no load conditions shall be
provided to the system user representative.
All mechanical equipment and panel equipment screws, bolts and connectors shall be tightened to the
original specifications. Any system problems observed during the service shall be reported in writing to
the end user along with recommendations to avoid or correct the problems.
SELF-CLEANING DISCHARGE FILTER:
All pump discharge water will flow through the 110 psi working pressure, 80 mesh disc filter assembly,
and discharge into the irrigation main. The filter housing and disk assembly is non-corrosive. The disk
assembly is readily accessed without tools. The discs shall provide a minimum 5/16" depth filtration.
Screen or fabric type filters are not acceptable. Inlet and outlet solenoid actuated valves allow the filter to
backflush via the controller with adjustable range pressure differential and/or adjustable timer. The
backflush is done without the introduction of compressed air or use of electric motors or gears. During
the backflush mode one filter battery is cleaned with filtered water and the remaining filter battery
continue to supply clean water for the irrigation system. The filter discs will separate during the backflush
cycle for optimal cleaning.
WARRANTIES:
Prior to shipping, the manufacturer shall flow test the system and submit a certified report to the designer
stating the system is within 1 % + or - of the specified flow rate and pressure, and meets the operational
requirements.
The manufacturer of the pumping station shall warrant all components for a period of one (1) year from
date of manufacture.
PN#7059
5
COLLIER COUNTY GOVERNMENT CENTER
lOJ
SECONDARY WATER SOURCE OPTION 1 -
25 HP VFD LAKESIDE PUMP SPECIFICATIONS
SINGLE CENTRIFUGAL PUMP SYSTEM
FIBERGLASS ENCLOSED PRESSURE DEMAND
PURPOSE:
To provide a complete prefabricated variable frequency drive skid mounted fiberglass enclosed pressure
demand centrifugal pump system from a sole source company, herein after referred to as the
"manufacturer", whose primary business is the manufacture of prefabricated pump systems. The
manufacturer will manufacture, flow test, install and warrant the system to meet all specified operating
requirements described below and in the system detail. The system shall be a Model HCF-25PDV-460/3-
HLMR as manufactured by Hoover Pumping Systems of Pompano Beach, Florida USA 954-971-7350
specified below and shown on the plan details. This specification describes the general components and
minimal operating requirements and shall not be construed as a manufacturing guide or complete list of
required system components and appurtenances.
The contractor shall submit seven (7) complete copies of the shop drawings to the designer for approval,
prior to system order placement. The submittal shall contain cut sheets for all system components. To
be considered an equal, the contractor must submit the following 12 days prior to bid opening:
manufacturer brochure showing prefabricated pump systems manufacturing is the primary business of
the manufacturer or division proposed to manufacture the system, written specifications, dimensioned
layout detail, electrical schematic, product sheets for all main components, Underwriters Laboratory
electrical control panel and "Packaged Pumping System" manufacturer's file numbers, list of 6 projects
with similar operating systems with current name and phone number of person responsible for system
operation, manufacturer's insurance certificate for general liability showing minimum coverage of $1
million, and written certification from the manufacturer stating the proposed system meets all
requirements described in this specification, the detail and the bid documents.
If the data submitted is determined to be an equal by the designer the bidder will be notified prior to the
bid date.
FIBERGLASS ENCLOSURE:
The pump station shall be protected by a fiberglass enclosure, 4' x 8' with chemical and ultraviolet
resistant open mold resin with exterior finish that is uniform in color and texture, reinforced with fiberglass
and stiffeners for rigidity. The enclosure shall open clear of the station for ease of service and have a
stainless steel hinge and self-latching lockable handle. The enclosure shall be of dimensions adequate to
contain the entire pump station including the discharge header and controls.
MOUNTING ASSEMBLY:
The pump station shall be mounted on a prefabricated 4' x 8' galvanized steel structural skid. Aluminum
pedestals shall be provided to mount the pump motor and control panel assemblies. The entire station
shall be installed on a reinforced concrete slab sized as noted on the system detail.
PUMP AND MOTOR:
The pump shall be a single-stage end-suction centrifugal type, with the liquid end mounted directly to the
motor enclosure to allow rear pull out of the entire motor. A pressure sensor for loss of prime protection
and thermal sensor for pump overheat protection shall be mounted into the pump volute.
The system will be designed for operation at 3,450 RPM. The pump driving motor shall be of the squirrel
cage induction type. The motor shall be suitable for full voltage starting at 60 Hz. The motor enclosure
shall be totally enclosed fan cooled for all motors greater than 5.5 horsepower and open drip proof (ODP)
for 5.5 horsepower and smaller, configured to allow direct mounting of the pump's liquid end.
1
11
,J~I
The motor shall be rated at 25 HP at 60 Hz. Motor will not exceed 1 OHP when only
single phase electric service is available.
PUMP STATION PERFORMANCE:
The required pump performance with a maximum of 12 feet of suction lift is as follows: a) discharge
pressure of 65 psi, b) maximum required flow of 350 GPM, and c) minimum required flow of 35 GPM.
IRRIGATION PUMP CONTROL PANEL:
The control panel assembly shall be Underwriters Laboratories listed in accordance with section 508A for
"enclosed industrial control panels." All control devices and electronic auto-sensory circuitry shall be
housed in a self-contained weather-resistant NEMA 4 control cabinet. An electrical schematic shall be
permanently mounted inside the cabinet. The control cabinet shall contain the following protection and
control equipment:
Operation
This station operates as a Variable Frequency Drive (VFD) pressure demand start, reduced-flow
retirement system. The station automatically maintains a constant discharge pressure from a pressure
transducer input regardless of varying flow demands within the station operating range. The system is
equipped with a 'Hand-Oft-Auto' (H-O-A) selector switch, and a 'Reset-Normal-Override' selector switch.
The self-diagnostic control panel assembly includes an 'Alarm' indicator light, and an operator interface
for display of status and diagnostic messages, event lists, and operation history. The operator interface
also allows for viewing of system setup parameters.
Hoover-Flow Software features include flow control of pump starts, sequencing and retirement; automatic
pump alternation; Loss of Prime/No-flow protection, Low Pressure protection, High Pressure protection,
Pump Overheat protection; diagnostic information, flow and pressure history, service counters, elapsed
run time meters, date and time stamping; Phase Loss protection, Phase Unbalance protection, Voltage
monitoring and protection, operating mode meters, Service required alerts; Remote Communication Link
interface; Hoover Drive control; emergency bypass operation, cooling system control, self-cleaning intake
screen control; Booster bypass control; fail-safe data protection.
Pressure Demand
The pump starts when the mainline pressure drops below the setting of the start pressure switch.
No-flow Retirement
The pump shuts off if water stops flowing for 15 seconds.
Loss of Prime Protection
If the system pressure remains below the start pressure, and there is no flow of water through the system
during pump operation for 45 seconds, the pump will shut off and the 'Loss of Prime' light will turn on.
The system will remain off until 'Reset'.
Low Pressure Protection
If the mainline pressure falls below the start pressure for 12 minutes during pump operation, the pump will
shut off, and the 'Low Pressure' light will turn on. The system will remain off until 'Reset'.
Thermal Protection
If the temperature at the pump volute exceeds 43C after at least 3 minutes of pump operation, the pump
will shut off, and the 'Pump Overheat' light will turn on. The system will remain off until 'Reset'.
Drive Fault
In case of a drive fault, including under or over voltage, over current, heatsink thermal, and ground fault,
the affected pump will shut off, the 'Alarm' light will illuminate, and the operator interface will display 'Drive
Fault'. The pump will remain off until the system is 'Reset'.
2
Hand - Off - Auto Switch
The pump is equipped with an H-O-A selector switch that operates as follows:
lOJ
Position
Function
Hand
Manual pump start. This position overrides all protective features and start
controls.
Off
Pump will not run.
Auto
Pump will start automatically. In this position, all start controls and protective
features are active.
Reset - Normal - Override Switch
The station is equipped with an Override selector switch that operates as follows:
Position
Function
Reset
Resets all system failures.
Normal
Low Pressure protection is active.
Override
Low Pressure protection is disabled.
Operator Interface
A NEMA 4X HMI (Human Machine Interface) shall be provided with status display and control of
operating mode, I/O status, system pressure, system flow, pressure and flow setpoints, elapsed run
times, fault timer values and presets, display brightness, clock time. alarm and event logs with date and
time stamps. and diagnostic information including counters and alarm indicators.
Protection Equipment
- Front operated main power disconnect
- Motor fuses for motor and drive short circuit and ground fault protection
- Full voltage class 10 IEC motor starters for emergency bypass operation
- Metal oxide varistors (MOV) for transient voltage suppression per phase
- Fused control circuitry with blown fuse lighted indicator for each circuit
VARIABLE FREQUENCY DRIVES ( VFD ):
Variable Frequency Drive with the following characteristics shall be provided for the pump motor: 32-bit
microprocessor controlled Pulse Width Modulated output, IGBT transistors. line reactors, built-in
adjustable PID control, acceleration ramp up and down, heat sink with fan cooling for systems less than
15 horsepower and heat exchanger with forced-air ventilation for systems 15 horsepower and above each
sized to maintain the drives rated operating ambient temperature. variable torque control, 32 character
alphanumeric English full text parameter display, single function keys, block parameter access, dual
analog outputs, automatic and manual reset, opto-isolated outputs, log of last 30 events retained in
memory.
PRESSURE TRANSMITTER:
A 4-20mA-pressure transmitter shall provide a feedback signal to drive PID loops and for system pressure
control. The transmitter shall be CE & UL recognized and built with an all stainless steel housing and
pressure port. rated to NEMA 4, and able to withstand shock and vibration levels to MIL-STD-810E. The
transmitter sensor element will provide a signal over 0-150 PSIG range while rated for 600-PSI
overpressure minimum. Conformity error will be less than or equal to 0.50% and the transmitter shall be
capable of operation from -40 to +120C.
3
.4",..-
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,)
o
FLOW SENSOR:
A full-bore magnetic flow sensor shall be provided to control pump retirement and allow display of flow
rate and total flow. The flow sensor shall have the following characteristics: no moving parts,
unobstructed bore (no pressure loss), NEMA 5/IP 67 protection, international standard traceable
calibration, stainless steel 1.4301 flow tube, 316 stainless steel electrodes, pulsed DC operation,
pressure rated 40 bar, with a NEMA 4X enclosed microprocessor based signal converter with 3 totalizers,
built-in alphanumeric display showing absolute flow, relative flow, velocity, flow as bar graph, automatic
read of sensor calibration data at startup, digital noise suppression, adjustable time constant, digital noise
suppression, and hysteresis, internal self regulator for compensating temperature, integrated self-checks
of sensor, magnetic current, and electrode status, empty pipe detection and zero signal, built-in test
feature, converter separately mounted in fiberglass enclosure, overall system accuracy for flows ~ 1.5 fps
of better than +/- 0.5% of actual rate, and for flows <1.5 fps of better than +/- 0.32/v[fps] % of actual rate.
DISCHARGE PIPE MANIFOLD:
The pipe discharge manifold shall be constructed of galvanized steel pipe with galvanized roll groove
fittings. A wafer type butterfly valve will be provided on headers 3" or greater and bronze ball valve on
smaller headers at the pump station discharge. A 15 gallon capacity hydropneumatic pressure tank with
isolation valve and hose bib will be installed on the pump system skid inside the enclosure connected to
the discharge header.
SHUTOFF VALVE:
The shutoff valve shall be single-seated, hydraulically operated, diaphragm-actuated globe or angle
pattern drip tight valve incorporating the following features:
- Continuous duty solenoid, normally open
- Pressure gauges up and downstream of the valve
- Large capacity disk filter on pilot control tubing
- 220 psi polyethylene control tubing with prest-o-Iock fittings
- Cast iron with powder coated finish
The normally open solenoid shall be energized to open or close from Hoover FlowGuard.
SUCTION LINE:
The minimum size suction line shall be 3" diameter or larger as required for a maximum of 5 feet per
second velocity flow. If a reducing fitting is required at the pump suction an eccentric reducer shall be
installed. Any above ground pipe exposed to sunlight shall be schedule 40 galvanized steel with
galvanized roll groove fittings. Suction pipe and fittings through 4" diameter shall be Schedule 40 PVC
solvent weld. Suction pipe for 6" diameter shall be Schedule 40 PVC with galvanized roll groove fittings.
Suction pipe for 8" diameter shall be galvanized steel with galvanized roll groove fittings.
Lake Source: Suction screen assembly shall be 316 stainless steel 10 mesh and 36" in length. A cast
iron roll groove swing check valve shall be placed at the edge of water. The suction pipe shall be
supported 18" off the lake/canal bottom with rip-rap and have a minimum of 4' water cover.
SELF-CLEANING DISCHARGE FILTER:
All pump discharge water will flow through the 110 psi working pressure, 80 mesh disc filter assembly,
and discharge into the irrigation main. The filter housing and disk assembly is non-corrosive. The disk
assembly is readily accessed without tools. The discs shall provide a minimum 5/16" depth filtration.
Screen or fabric type filters are not acceptable. Inlet and outlet solenoid actuated valves allow the filter to
backflush via the controller with adjustable range pressure differential and/or adjustable timer. The
backflush is done without the introduction of compressed air or use of electric motors or gears. During
the backflush mode one filter battery is cleaned with filtered water and the remaining filter battery
continue to supply clean water for the irrigation system. The filter discs will separate during the backflush
cycle for optimal cleaning.
WATER MANAGEMENT SYSTEM:
The water management system shall be a Hoover Flowguard @ Model as manufactured by Hoover
Pumping Systems of Pompano Beach, Florida USA 954-971-7350 specified below and shown on the plan
4
10.
details. This specification describes the general components and minimal operating requirements and
shall not be construed as a manufacturing guide or complete list of required system components and
appurtenances.
The Hoover Flowguard remote water use monitoring, data acquisition, and control system includes:
1. NEMA 4X industrial control panel enclosure with NEMA 4X valve status indicator LED pilot light.
2. Surge protection for power and phone lines, replaceable protection element and visual indication
of protection status.
3. Dry contact relay output with 120V AC x 24V AC 150V A Industrial Control Transformer with
primary and secondary fuses for 24VAC output to control valve solenoid.
4. Industrial modem rated -300 to + 700C
Hoover Flowguard Software includes:
1. Remote reporting of instantaneous and total flows.
2. Daily, monthly, and annual flow volume history with separate set points and alarms for
exceeded budget volume, total daily volume, total monthly volume, and total annual
volume, with time and date stamp. User selectable automatic or manual restarts for
daily, monthly, and annual water budget shut-downs.
3. Automatic generation of Water Management usage reports.
4. Automatic alarm shut-downs for excessive flow rates and total flows, adjustable restart
attempts after alarm shut-down, including time delay between restarts.
5. Graphing of real-time and historical flow rates.
6. Water restriction control with day of week, odd/even days. and water window clock.
7. Time and date stamped alarms and warnings on flow chart & separate event log.
8. Remote shut-down and reset features.
9. Database of dial-up monitor sites including site name, telephone number, and address.
Computer Interface:
1. Dell Laptop computer or equal with pre-installed Hoover Flowguard and
Compact Disk with backup copy of software.
WARRANTIES:
Prior to shipping, the manufacturer shall flow test the system and submit a certified report to the designer
stating the system is within 1 % + or - of the specified flow rate and pressure, and meets the operational
requirements.
The manufacturer of the pumping station shall warrant all components for a period of one (1) year from
date of manufacture.
PN#7209
5
I
~.,~
COLLIER COUNTY GOVERNMENT CENTER
SECONDARY WATER SOURCE, OPTION 2 -
DUAL 15 HP VFD LAKESIDE PUMP SPECIFICATIONS
DUAL CENTRIFUGAL PUMP SYSTEM WITH JOCKEY
FIBERGLASS ENCLOSED PRESSURE DEMAND
PURPOSE:
To provide a complete prefabricated skid mounted fiberglass enclosed pressure demand dual
centrifugal with jockey pump system from a sole source company, herein after referred to as the
"manufacturer", whose primary business is the manufacture of prefabricated pump systems. The
manufacturer will manufacture, flow test, install and warrant the system to meet all specified
operating requirements described below and in the system detail. The system shall be a Model
HC2F-15J5PD-460/3-A,H.L,M,R as manufactured by Hoover Pumping Systems of Pompano
Beach, Florida USA 954-971-7350 specified below and shown on the plan details. This
specification describes the general components and minimal operating requirements and shall
not be construed as a manufacturing guide or complete list of required system components and
appurtenances.
The contractor shall submit seven (7) complete copies of the shop drawings to the designer for
approval, prior to system order placement. The submittal shall contain cut sheets for all system
components. To be considered an equal, the contractor must submit the following 12 days prior
to bid opening: manufacturer brochure showing prefabricated pump systems manufacturing is the
primary business of the manufacturer or division proposed to manufacture the system, written
specifications, dimensioned layout detail, electrical schematic, product sheets for all main
components, Undervvriters Laboratory electrical control panel and "Packaged Pumping System"
manufacturer's file numbers, list of 6 projects with similar operating systems with current name
and phone number of person responsible for system operation, manufacturer's insurance
certificate for general liability showing minimum coverage of $1 million, and written certification
from the manufacturer stating the proposed system meets all requirements described in this
specification, the detail and the bid documents.
If the data submitted is determined to be an equal by the designer the bidder will be notified prior
to the bid date.
FIBERGLASS ENCLOSURE:
The pump station shall be protected by a fiberglass enclosure 4' x 8' with chemical and ultraviolet
resistant open mold resin with exterior finish that is uniform in color and texture, reinforced with
fiberglass and stiffeners for rigidity. The enclosure shall open clear of the station for ease of
service and have a stainless steel hinge and self-latching lockable handle. The enclosure shall
be of dimensions adequate to contain the entire pump station including the discharge header and
controls.
MOUNTING ASSEMBLY:
The pump station shall be mounted on a 4' x 8' prefabricated galvanized steel structural skid.
Aluminum pedestals shall be provided to mount the pump motor and control panel assemblies.
The entire station shall be installed on a reinforced concrete slab sized as noted on the system
detail.
PUMP AND MOTOR:
The pumps shall be single-stage end-suction centrifugal type with the liquid end mounted directly
to the motor enclosure to allow rear pull out of the entire motor. A pressure sensor for loss of
prime protection and thermal sensor for pump overheat protection shall be mounted into the
pump volute.
5.1
10 J
\.1
The system will be designed for operation at 3,450 RPM. The pump driving motor shall be of the
squirrel cage induction type. The motor shall be suitable for full voltage starting at 60 Hz. The
motor enclosure shall be totally enclosed fan cooled (TEFC) configured to allow direct mounting
of the pump's liquid end.
The main motors shall be rated at 15 HP at 60 Hz. The jockey motor shall be rated at 5
HP at 60 Hz. Motor will not exceed 1 OHP when only single phase electric service is
available.
PUMP STATION PERFORMANCE:
The required pump performance with a maximum of 12 feet of suction lift is as follows: a)
discharge pressure of 65 psi, b) maximum required flow of 175 GPM each main pump 350 GPM
system total, and 45 GPM for the jockey pump at the same pressure output as the main pumps
and c) minimum required flow of 20 GPM.
IRRIGATION PUMP CONTROL PANEL:
The Manufacturer shall manufacture enclosed industrial control panels meeting the requirements
of Underwriters Laboratories, Inc. and list them under 508A requirements for the heading
"Enclosed Industrial Control Panel". All control devices and electronic auto-sensory circuitry shall
be housed in a self-contained weather-resistant NEMA 4-control cabinet. The control panel shall
be identified with a permanent label approved by Underwriters Laboratories Inc. containing the
word "LISTED", the name and I or symbol of Underwriters Laboratories Inc., a control number
and the product name "Enclosed Industrial Control Panel". An electrical schematic shall be
permanently mounted inside the cabinet. The control cabinet shall contain the following
protection and control equipment:
Operation
This station operates as a pressure demand, no-flow retirement system. System features include
Loss of Prime protection, Low Pressure protection, main pump alternator, and Pump Thermal
protection. The system is equipped with individual pump 'Hand-Oft-Auto' (H-O-A) selector
switches, and a 'Reset-Normal-Override' selector switch. The self-diagnostic control panel
assembly includes status indicator lights for loss of prime, low pressure, and pump overheat.
Pump hour meter and auxiliary contacts are also provided.
Jockey Start
The Jockey pump starts when the mainline pressure drops below the setting of the Jockey start
pressure switch.
Pressure Demand
The first (lead) pump starts when the mainline pressure drops below the setting of the start
pressure switch. The second (lag) pump starts if the mainline pressure remains below the start
pressure for 6 seconds.
Reduced Flow Retirement
When both main pumps are running, and the system demand drops to 90% of the capacity of a
single pump, one pump will retire in 30 seconds. A single pump will continue to run.
No-flow Retirement
Any pump running will shut off if water stops flowing for 15 seconds.
Jockey Retirement
The Jockey pump shuts off after 15 seconds of no water flow through the Jockey, or 15 seconds
after the main pump starts.
Pump Alternator
Successive main pump starts are controlled by a pump alternator. The pump to start first during
one operating cycle will start second during the next cycle. Pump retirement is also controlled by
the alternator. The lead pump will retire upon reduced flow when both pumps are running.
5.2
lOJ
Loss of Prime Protection
If the system pressure remains below the start pressure, and there is no flow of water through the
system during pump operation for 45 seconds, the pump will shut off and the 'Loss of Prime' light
will turn on. The system will remain off until 'Reset'.
Low Pressure Protection
If the mainline pressure falls below the start pressure for 12 minutes during pump operation, the
pump will shut off, and the 'Low Pressure' light will turn on. The system will remain off until
'Reset'.
Thermal Protection
If the temperature at the pump volute exceeds 43C after at least 3 minutes of pump operation, the
pump will shut off, and the 'Pump Overheat' light will turn on. The system will remain off until
, Reset' .
Jockey Loss of Prime Protection
Upon reaching the main pump start pressure, if there is no flow of water for 7 seconds through
the Jockey pump, the Jockey will shut off, and the 'Jockey Loss of Prime' light will turn on.
The Jockey pump will remain off until 'Reset'.
Hand - Off - Auto Switch
The pump is equipped with an H-O-A selector switch that operates as follows:
Position
Function
Hand
Manual pump start. This position overrides all protective features and
start controls.
Pump will not run.
Pump will start automatically. In this position. all start controls and
protective features are active.
Off
Auto
Reset - Normal - Override Switch
The station is equipped with an Override selector switch that operates as follows:
Position
Function
Reset
Normal
Override
Resets all system failures.
Low-Pressure protection is active.
Low-Pressure protection is disabled.
Elapsed Run-Time Meter
The pump is equipped with an hour meter which records total pump run time.
Protection Equipment
- Front operated main power disconnect
- Time delayed motor starter fuses for motor short circuit protection
- Full voltage class 10 IEC motor starter
- Metal oxide varistors (MOV) for transient voltage suppression per phase
- Fused control circuitry with blown fuse lighted indicator for each circuit
DISCHARGE PIPE MANIFOLD:
The pipe discharge manifold shall be constructed of galvanized steel pipe with galvanized roll
groove fittings. A flow-switch and pressure gauge will be provided on the station discharge. A
wafer type butterfly valve or bronze ball valve will be provided at pump station discharge. A 47
gallon capacity 125 PSI working pressure fiberglass tank with polyethylene bladder, isolation
valve and hose bib shall be installed on the pump system skid inside the enclosure and
connected to the discharge header downstream of the control valve.
5.3
lOr
~.
AUTOMATIC CONTROL VALVE:
An automatic control valve shall be located at the jockey pump discharge and downstream of the
main pumps. The valves shall be single-seated, hydraulically operated, diaphragm-actuated,
pilot-controlled globe or angle pattern drip tight valve incorporating the following features:
- Pressure reducing pilot
- Pressure gauges up and downstream of the valve
- Large capacity disk filter on pilot control tubing
- 220 psi polyethylene control tubing with prest-o-Iock fittings
- Cast iron with powder coated finish
FLOWMETER:
The flowmeter shall provide total and rate display with plus or minus 2% accuracy within its rated
flow range at 14 to 228 psi. Reed switch provides pulse output. Body is constructed of cast iron
with baked powder coating.
A normally open continuous duty solenoid shall be mounted on the meter and wired to the
Flowguard controls.
SUCTION LINE:
The minimum size suction line shall be 3" diameter or larger as required for a maximum of 5 feet
per second velocity flow. If a reducing fitting is required at the pump suction an eccentric reducer
shall be installed. Any above ground pipe exposed to sunlight shall be schedule 40 galvanized
steel with galvanized roll groove fittings. Suction pipe and fittings through 4" diameter shall be
Schedule 40 PVC solvent weld. Suction pipe for 6" diameter shall be Schedule 40 PVC with
galvanized roll groove fittings. Suction pipe for 8" diameter shall be galvanized steel with
galvanized roll groove fittings.
Lake Source: Suction screen assemblies shall be 316 stainless steel 10 mesh and 36" in length.
A cast iron roll groove swing check valve shall be placed at the edge of water on each suction
line. The suction pipes shall be supported 18" off the lake/canal bottom with rip-rap and have a
minimum of 4' water cover.
DISCHARGE LINE:
The discharge pipe shall be schedule 40 galvanized steel with galvanized roll groove fittings
terminating with a 30" length schedule 40 PVC nipple with chamfered end for tie-in to the
irrigation main. The steel 90 fitting shall be thrust blocked so no movement of the fitting will
occur.
SELF-CLEANING DISCHARGE FILTER:
All pump discharge water will flow through the 110 psi working pressure, 80 mesh disc filter
assembly, and discharge into the irrigation main. The filter housing and disk assembly is non-
corrosive. The disk assembly is readily accessed without tools. The discs shall provide a
minimum 5/16" depth filtration. Screen or fabric type filters are not acceptable. Inlet and outlet
solenoid actuated valves allow the filter to backflush via the controller with adjustable range
pressure differential and/or adjustable timer. The backflush is done without the introduction of
compressed air or use of electric motors or gears. During the backflush mode one filter battery is
cleaned with filtered water and the remaining filter battery continue to supply clean water for the
irrigation system. The filter discs will separate during the backflush cycle for optimal cleaning.
WATER MANAGEMENT SYSTEM:
The water management system shall be a Hoover Flowguard @ Model as manufactured by
Hoover Pumping Systems of Pompano Beach, Florida USA 954-971-7350 specified below and
shown on the plan details. This specification describes the general components and minimal
operating requirements and shall not be construed as a manufacturing guide or complete list of
required system com ponents and appurtenances.
5.4
The Hoover FJowguard remote water use monitoring, data acquisition, and control system
includes:
1. NEMA 4X industrial control panel enclosure with NEMA 4X valve status indicator LED
pilot light.
2. Surge protection for power and phone lines, replaceable protection element and visual
indication of protection status.
3. Dry contact relay output with 120VAC x 24VAC 150VA Industrial Control Transformer
with primary and secondary fuses for 24VAC output to control valve solenoid.
4. Industrial modem rated -300 to + 700C
(,J
". .
Hoover FJowguard Software includes:
1. Remote reporting of instantaneous and total flows.
2. Daily, monthly, and annual flow volume history with separate set points and
alarms for exceeded budget volume, total daily volume, total monthly volume,
and total annual volume, with time and date stamp. User selectable automatic or
manual restarts for daily, monthly, and annual water budget shut-downs.
3. Automatic generation of Water Management usage reports.
4. Automatic alarm shut-downs for excessive flow rates and total flows, adjustable
restart attempts after alarm shut-down, including time delay between restarts.
5. Graphing of real-time and historical flow rates.
6. Water restriction control with day of week, odd/even days, and water window
clock.
7. Time and date stamped alarms and warnings on flow chart & separate event log.
8. Remote shut-down and reset features.
9. Database of dial-up monitor sites including site name, telephone number, and
address.
Computer Interface:
1. Dell Laptop computer or equal with pre-installed Hoover FJowguard and
Compact Disk with backup copy of software.
WARRANTIES:
Prior to shipping, the manufacturer shall flow test the system and submit a certified report to the
designer stating the system is within 1 % + or - of the specified flow rate and pressure, and meets
the operational requirements.
The manufacturer of the pumping station shall warrant all components for a period of one (1) year
from date of manufacture.
PN#7210
5.5
UNDERGROUND IRRIGATION SYSTEM
PART 1
GENERAL
1.01 RELATED DOCUMENTS
A. Drawings and provisions of the Contract, including Contract Conditions and Specification Sections, apply
to work of this section.
1.02 SCOPE
A. The work covered by this specification shall include the fumishing of all labor, materials, tools and
equipment necessary to perform and complete the installation of an automatic irrigation system as
specified herein and as shown on the drawings and any incidental work not shown or specified which can
reasonably be determined to be part of the work and necessary to provide a complete and functional
system.
B. The work covered by this specification also includes all permits, federal, state and local taxes and all other
costs, both foreseeable and unforeseeable at the time of construction. Collier County Right-Of-Way Permit
shall be provided by the OWNER.
C. No deviation from these specifications, the accompanying drawings, or agreement is authorized or shall be
made without prior written authorization signed by the OWNER or his duly appointed representative.
1.03 RELATED WORK UNDER SEPARATE CONTRACT
A. None.
1.04 QUALITY ASSURANCE
A. Installer Qualifications: A firm specializing in irrigation work with not less than five (5) years of experience
in installing irrigation systems similar to those required for this project.
B. Coordination: Coordinate and cooperate with other CONTRACTORS to enable the work to proceed as
rapidly and efficiently as possible.
C. Codes and Inspections: The entire installation shall comply fully with all local and state laws and
ordinances and with all established codes applicable thereto. The CONTRACTOR shall take out all
required permits, arrange for all necessary inspections and shall pay all fees and expenses in connection
with same, as part of the work under this contract. Upon completion of the work, he shall fumish to the
"OWNER" all inspection certificates customarily issued in connection with the class of work involved.
D. The CONTRACTOR shall keep on his work, during its progress, a competent superintendent and any
necessary assistants, all satisfactory to the OWNER, or OWNER's representative.
E. The superintendent shall represent the CONTRACTOR in his absence and all directions given to him shall
be as binding as if given to the CONTRACTOR.
F. The OWNER's Landscape Architect or designated individual, herein referred to as the OWNER's
Representative shall have full authority to approve or reject work performed by the CONTRACTOR. The
OWNER's Authorized Representative shall also have full authority to make field changes that are deemed
necessary.
G. In all cases where observation of the irrigation system work is required and/or where portions of the work
specified to be performed under the direction of the OWNER's Representative, the CONTRACTOR shall
notify same, at least 48 hours prior to the time such observation or direction is required.
H. Any necessary re-excavation or changes to the system needed because of failure of the CONTRACTOR
to have the required observations, shall be performed at the CONTRACTOR's expense.
1
1.05 SUBMITTALS
10\1
A. Refer to Division 1-General Requirements, Section 01730 Operation and Maintenance Data (when
applicable to this contract).
B. Certificate of Qualification: Prior to bid acceptance submit certification of installer's experience identifying
a minimum four (4) previous projects with names of OWNERS and Landscape Architects to the
Landscape Architect for approval.
C. All materials shall be those specified and or approved by the Landscape Architect.
D. Product Data: After the award of the contract and prior to beginning work, the CONTRACTOR shall submit
for approval by the OWNER and Landscape Architect, two copies of the complete list of materials,
manufacturer's technical data, and installation instructions which he proposes to install. For all proposed
substitutions, the CONTRACTOR shall submit performance technical data approved by the Center of
Irrigation Technology.
E. Commence no work before approval of material list and descriptive material by the Landscape Architect.
F. Record Drawings: The OWNER shall fumish the CONTRACTOR with one set of reproducible vellums or
ozalid sepias showing all work required under this contract for the purpose of having the CONTRACTOR
record on these reproducibles all changes that may be made during actual installation of the system.
Location shall include dimensions from two (2) permanent points of reference (building comer, street
comer, fence line, etc.).
1. Immediately upon installation of any piping, valves, wiring, sprinkler heads, etc., in locations other
than shown on the original drawings or of sizes other than indicated, the CONTRACTOR shall
clearly indicate such changes on a set of blueline prints. Records shall be made on a daily basis. All
records shall be neat and subject to the approval of the OWNER.
2. The CONTRACTOR shall also indicate on the record prints the location of all wire splices, original or
due to repair, that are installed underground in a location other than the controller pedestal, remote
control valve box, power source or connection to a valve-in-head sprinkler.
3. These drawings shall also serve as work progress sheets. The CONTRACTOR shall make neat and
legible notations thereon daily as the work proceeds, showing the work as actually installed. These
drawings shall be available at all times for review and shall be kept in a location designated by the
OWNER's Representative.
4. Each month when CONTRACTOR submits his progress payment request to the OWNER it shall
include the up to date record drawing information for all material installed to that date.
5. Progress payment request and record drawing information must be approved by Landscape
Architect before payment is made.
6. If in the opinion of the OWNER or his representative, the record drawing information is not being
properly or promptly recorded, construction payment may be stopped until the proper information
has been recorded and submitted.
7. Upon completion, all information noted on the prints shall be transferred to a reproducible mylar or
vellum by the CONTRACTOR. Drawings shall be to scale and all information shall be recorded in a
neat, orderly way.
8. Before the date of the final site observation and approval, the CONTRACTOR shall deliver one set
(of blueline prints) of the record drawing plan and notes to the Landscape Architect. The
CONTRACTOR shall deliver the original marked reproducibles to the OWNER. Record drawing
information shall be approved by the Landscape Architect and OWNER prior to final payments,
including retentions. The delivery of the prints shall not relieve the CONTRACTOR of the
responsibility of fumishing required information that may have been omitted.
G. CONTRACTOR shall fumish one (1) Manufacturer's service manual each to the Tenant and the Tenant's
Construction Representative. Manuals may be loose-leaf and shall contain complete exploded drawings of
all equipment installed showing components and catalog numbers together with the manufacturer's name
and address.
2
H. Loose equipment to fumish: Loose irrigation equipment, operating keys and spare parts will be fumished
by the Irrigation CONTRACTOR in quantities as shown on the plans.
1. Three (5) quick coupler keys and matching swivel hose ells (if required).
2. Two (2) valve keys for gate valves (if required).
3. Two (2) keys for each controller.
1.06 JOB CONDITIONS
A. Examination of Site: The bidder acknowledges that he has examined the site, plans and specifications
and the submission of a quotation shall be considered evidence that examinations have been made.
B. Field Conditions: The CONTRACTOR shall acquaint himself with all site conditions, including underground
utilities before construction is to begin. CONTRACTOR shall coordinate placement of underground
materials with CONTRACTORS previously working underground in the vicinity or those scheduled to do
underground work in the vicinity. CONTRACTOR is responsible for minor adjustments in the layout of the
work to accommodate existing facilities.
C. The CONTRACTOR shall verify the correctness of all finish grades within the work area to insure the
proper soil coverage of the irrigation system pipes.
D. Protection of Existing Plants and Site Conditions: The CONTRACTOR shall take necessary precautions to
protect existing vegetation in preservation areas. Contact Landscape Architect if minor adjustments are
not sufficient to protect existing site conditions. All existing grades shall be maintained and restored to their
previously existing condition immediately following installation and testing.
E. Protection of Work and Property: The CONTRACTOR shall be liable for and shall take the following
actions as required with regard to damage to any of the OWNER's property.
1. Any existing building, equipment, piping, pipe coverings, electrical systems, sewers, sidewalks,
roads, grounds, landscaping or structure of any kind damaged by the CONTRACTOR, or by his
agents, employees, or subcontractors, during the course of his work, whether through negligence or
otherwise, shall be replaced or repaired by CONTRACTOR at his own expense in a manner
satisfactory to OWNER, which repair or replacement shall be a condition precedent to OWNER's
obligation to make final payment under the Contract.
2. CONTRACTOR shall also be responsible for damage to any work covered by these specifications
before final acceptance of the work. He shall securely cover all openings into the systems and cover
all apparatus, equipment and appliances, both before and after being set in place to prevent
obstructions on the pipes and the breakage, misuse or disfigurement of the apparatus, equipment or
appliance.
1.07 MATERIALS STORAGE AND CLEAN-UP
A. The CONTRACTOR shall keep the premises free from rubbish and all debris at all times and shall arrange
his material storage so as not to interfere with the operation of the project. All unused materials, rubbish
and debris shall be removed from the site.
B. Storage and Handling: Use care in handling, loading, storing and assembling components to avoid
damage. Store plastic pipe and fittings under cover and protect from sunlight before using. Discolored
plastic pipe and fittings shall be rejected.
C. All metallic pipe and fittings shall be handled, stored, loaded and assembled with the same care used for
plastic components. Metallic components shall be stored in an enclosure to prevent rusting and general
deterioration.
1.08 COMPLETION AND ACCEPTANCE
A. The completion of the contract will be accepted and Notice of Completion recorded only when the entire
contract is completed to the satisfaction of the Landscape Architect.
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B. Substantial Completion: Upon notification by the CONTRACTOR that the installation is substantially
complete, the Landscape Architect will perform a substantial completion site observation to determine if
the CONTRACTOR has completed the work in accordance with the plans and specifications. If final
acceptance is not given, the Landscape Architect will prepare a "punch list." The notification by
CONTRACTOR must be made at least three (3) working days before the anticipated final site observation.
C. Final Acceptance: Upon notification by the CONTRACTOR that all defects have been repaired or
replaced following substantial completion site observation, the Landscape Architect will perform a final site
observation. The request by the CONTRACTOR must be made at least three working days before the
anticipated final completion site observation. The work will be accepted by the Landscape Architect upon
satisfactory completion of all work including "punch Iisf' items.
D. Record Drawings as described under paragraph 1.05, F, shall be delivered to the OWNER and the
Landscape Architect before final acceptance of work.
1.09 WARRANTY
A. Warranty: The CONTRACTOR shall furnish a written warranty, stating that all work included under this
contract shall be warranted against all defects and malfunction of workmanship and materials for a period
of one (1) year from date of completion and final acceptance of this project.
B. The CONTRACTOR further agrees that he will at his own expense repair and/or replace all such defective
work and materials and all other work damaged thereby and which becomes defective during the term of
the guaranty-warranty in an expedient manner.
C. The OWNER retains the right to make emergency repairs without relieving the CONTRACTOR's guaranty
obligation. In the event the CONTRACTOR does not respond to the OWNER's request for repair work
under their guaranty-warranty within a period of forty-eight (48) hours, the OWNER may make such
repairs as he deems necessary, at the full expense of the CONTRACTOR.
D. Any settling of backfilled trenches which may occur during the guaranty-warranty periOd shall be repaired
by the CONTRACTOR at no additional expense to the OWNER, including the complete restoration of all
damaged planting, sod, paving or other improvement of any kind.
1.010 OPERATION AND MAINTENANCE
A.
Instructions: After completion and testing of the system, the CONTRACTOR will instruct the OWNER's
personnel in the programming of the controller and proper operation and maintenance of the system.
PART 2
MATERIALS
2.01 GENERAL
A. All products shall be as specified on the plans and in these specifications. The materials chosen for the
design of the irrigation system have been specifically referred to by the manufacturer so as to enable the
Landscape Architect to establish the level of quality and performance required by the system design.
Equipment by other manufacturers may be used only if submittal of manufacturer's technical data and
installation instructions are reviewed and approved by the Landscape Architect and OWNER's
Representative. Approval may be granted only if substitution is equal to the specified equipment.
B. All materials to be incorporated in this system shall be new and without flaws or defects and of quality and
performance as specified and meeting the requirements of this system.
2.02 QUANTITIES
A. All quantities indicated on the plans are intended as a guide for the BIDDERS and does not relieve the
BIDDER of his responsibility to do a comprehensive material take off.
B. After receipt of bids, prices for any quantities added to or deleted from the bid schedule by the Landscape
Architect will be negotiated between the CONTRACTOR and OWNER.
2.03 PRODUCTS
A. Effluent Water Meters: Shall be provided per local requirements
4
B. Pump Stations: Shall be as indicated on the drawings.
C. Backflow Preventer: The existing backflow prevention devices installed on existing potable water systems
dedicated only for irrigation purposes shall be disconnected, removed and returned to the OWNER.
D. Polyvinyl Chloride Pipe (PVC):
1. All PVC pipe shall be homogeneous throughout, free from visible cracks, holes and foreign
materials. The pipe shall be free from blisters, dents, ripples, extrusion die and heat marks.
2. All PVC pipe shall be continuously and permanently marked with the manufacturer's name or
trademark, kind and size (IPS) of pipe, material, and manufacturer's lot number, schedule, class or
type and the National Sanitation Foundation (NSF) seal of approval.
3. Pipe tensile strength shall be in accordance with ASTM-D 638.
4. Piping, upstream of irrigation control valves:
a) Shall be PVC 1120/1220. Class 200.
b) Pipe size 2W' and larger shall be Bell End Gasket Type.
c) Pipe size 2" and smaller shall be Solvent Weld Type.
d) All connections to pump station, isolation valves, and main line flush points on piping 3" and
larger shall be flanged.
e) Materials shall be in accordance with the latest revision of the following specifications:
American Society for Testing Materials
ASTM-D 1784 ASTM-D 2241
Department of Commerce, PS 22-70
National Sanitation Foundation Testing Laboratories
5. Piping on non-pressure side of irrigation control valves:
a) Shall be PVC 1120/1220, Class 160.
b) Pipe size 2" and smaller shall be Solvent Weld Type.
c) Materials shall be in accordance with the latest revision of the following specifications:
American Society for Testing Materials
ASTM-D 1784 ASTM-D 2241
Department of Commerce, PS 22-70
National Sanitation Foundation Testing Laboratories
6. Piping for Sleeving: Sleeves to be installed by others under separate contract and will be in place.
7. PVC Pipe Fittings:
a) Molded solvent weld socket fittings shall be PVC Schedule 40, Type 1/11 in accordance with
ASTM-D 2466. Sockets shall be tapered conforming to the outside diameter of the pipe, as
recommended by the pipe manufacturer. All fittings must conform to the twenty (20) minute
acetone test as for pipe and shall be approved.
b) Molded threaded fittings shall be PVC Schedule 80 in accordance with ASTM- 2464. All fittings
shall withstand the twenty (20) minute acetone test and be approved.
c) All molded fittings shall be marked with manufacturer's name and/or trademark, type PVC,
schedule, size and NSF seal of approval. Extruded couplings shall be from NSF rated raw
materials and meet ASTM standards. Supplier shall provide certification on extruded couplings
when requested.
d) Schedule 80 threaded male/female adapters shall be used in connecting to threaded joints.
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e) All changes in depth of mainline pipe shall be made using 450 fittings.
f) All threaded PVC to metallic connections shall be made in accordance with the PVC fitting
manufacturers recommendations. Any sealant used shall be of the non-hardening,
non-petroleum base type, and shall not adversely effect PVC pipe or fittings.
g) Flanges: Flanges on main line shall be SCH 80 PVC. Flanged connections shall be tightened
to a torque in accordance to the flange manufacturer specifications, using a crossing sequence.
All flange connections shall have a flange gasket kit.
E. PVC Solvent Cement: PVC solvent cement and primer/cleaner shall be compatible with the specific size
and type of PVC pipe and fittings, of proper consistency in accordance with the pipe manufacturer's
recommendations.
F. Rubber Rings and Gasket Joint Lubricant: Rubber rings shall conform to ASTM-D 1869 and F 477.
CONTRACTOR shall only use pipe joint lubricant supplied by or recommended by the pipe manufacturer.
Lubricant shall be water soluble, non-toxic, an inhibitor to bacterial growth, and shall be non-detrimental to
the elastomeric seal and pipe. Mineral oil, petroleum jelly, hydrogenated vegetable fat (Le. Crisco(RR),
petroleum products, cooking oil, grease, etc.) shall not be used.
G. Automatic Field Controller: The irrigation controller shall be as specified on the plans. All field controllers
shall be equipped with all available electrical surge/lightning protection devices for all circuits. Protection
shall be factory supplied and installed whenever possible. Protection devices not supplied by the
Manufacturer shall be as recommended by Manufacturer to provide a maximum degree of protection.
H. Low Voltage Valve Control Wire (24 Volt): All 24 volt control wire shall be #14 AWG UL listed (#12 UF for
runs over 2,000 LF) single conductor solid copper, type UF, 600 volt test for direct burial installation.
1. Provide one (1) individual 24 volt valve control wire between the field controller terminal strip station
lug and each control valve/sprinkler solenoid lead. Provide one (1) consistently colored 24 volt
common wire from the terminal strip common wire lug to all control valves/sprinklers.
2. Valve common wire shall be white in color. Individual valve control wires shall be color coded or
identified by an approved tagging method.
3. All wire shall be furnished in minimum 2,500' rolls and spliced only at the valve and the controller.
I. Control Valves: The remote control valves shall be as specified on the plans, and shall perform to the
manufacturer's specifications.
J. Gate Valves: Gate valves one inch (1 ") through two and one-half inches (2W') shall be Series 206 bronze
threaded end gate valves manufactured by "Red-White". Gate valves three inch (3") and larger shall be
Series MJGV-0597 flanged connection, manufactured by"Nibco".
K. Quick Coupling Valve: All quick coupling valves shall be solid bronze as specified on the plans, and shall
perform to the manufacturer's specifications. The valves shall have an Acme thread for slow and steady
flow control.
L. Control Valve Boxes: All control valve, gate valve and quick coupling valve boxes shall be Ametek Box
with cover marked "Control Valve". Box shall be of sufficient size to allow easy operation and maintenance
of valve. Gravel and non-woven filter fabric shall be installed at the bottom of the boxes as shown in the
details.
1. Where possible, gate valves shall be installed with control valves and occur in the same box.
Ametek Jumbo Rectangular Box with cover shall be used for the pair.
2. Locking lids shall be mauve in color, boxes and extensions shall be black or green and constructed
of high strength, light weight thermoplastic.
M. Tubing Connections: All interconnecting tubing sections shall be connected with connections
recommended by the tubing manufacturer.
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N.
Teflon Tape: Any threaded connection using Teflon tapes as an anti seize device shall avoid excessive
use of Teflon tape. Apply Teflon tape only in accordance with fittings and/or component manufacturer's
recommendations.
O.
Rain shut-off devices shall be of the type on the plans, and shall perform to the manufacturer's
specifications.
P.
Splicing Materials: 3M Direct Bury (DBY) splice kits by 3M Corporation, Austin, TX (512) 984-5657 or
"Snip-Snap" connector by Imperial, Lenexa, KS (913) 469-5700.
EXECUTION
PART 3
3.01 GENERAL
A. The CONTRACTOR shall carefully schedule his work with the Landscape Contractor and all other trades
on site.
B. Sleeves are required wherever piping or electrical wires are placed under paved surfaces. Install sleeves
prior to commencement of paving. Sleeves, if sizes are not shown, shall be 2 pipe sizes larger than the
pipe within. Water main and electric conduit may share the same sleeve. All valve wiring must be encased
in a separate conduit.
C. No consideration will be given to any design changes. Should any changes be deemed necessary after
award of contract, for proper installation and operation of the system, such changes must be approved by
the OWNER or Landscape Architect. In the event that notification of the OWNER or Landscape Architect
is not given, the CONTRACTOR shall assume full responsibility for all revisions.
D. The plans and drawings are diagrammatic of the work to be performed. All piping, wires, field controllers,
etc. shall be installed within the project boundaries. The CONTRACTOR shall not willfully install the
irrigation system as shown on the plans when it is obvious in the field that obstructions, grade differences
or discrepancies in area dimensions exist that might not have been known in the design of the system.
E. In some cases, for graphic clarity, piping may be shown on drawings under paved areas but running
parallel and adjacent to planted areas; the intent is to install piping in planted areas. Do not install directly
over another line in same trench.
F. Final location of piping and wiring shall be determined following CONTRACTOR ascertaining location of
existing underground utilities. All work shall be installed in a manner to avoid conflicts with utilities and
other construction elements.
G. Coordinate with landscape contractor to avoid conflicts with locations of plant material to be installed.
H. Design Pressures: Main line pressure at the source location shall be as required to operate the irrigation
hydrants at the design pressures as specified on the plans. Pressure shall not exceed tubing
manufacturer's specifications.
1. Tubing spacings are maximums. Do not exceed spacings shown or noted on the plans. SDI tubing
spacings may be adjusted to accommodate changes in terrain, proposed planting locations, and existing
site conditions, only if approved prior to installation by the Irrigation Consultant and Landscape Architect.
Maximum spacing variability shall not exceed one inch.
J. Pipe sizes shall conform to those shown on the drawings. No substitutions of smaller pipe sizes will be
permitted, but substitutions of larger sizes may be approved.
K. Minimum Water Coverage: Tubing shall occur within 6"+/- of proposed plantings. Layout may be modified
if necessary and approved by the Irrigation Consultant and Landscape Architect, to obtain coverage.
L. Testing: Request the presence of the Irrigation Consultant and Landscape Architect in writing or by phone
at least 48 hours in advance of testing. All testing is to be accomplished at the expense of the
CONTRACTOR and in the presence of the Irrigation Consultant and Landscape Architect.
M. Hydrostatic Test: Center load piping with small amount of backfill to prevent arching or slipping under
pressure. A continuous and static water pressure of 100 p.s. i. shall be applied for a period of not less than
7
10'
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two (2) hours. Repair all leaks resulting from pressure test. Expel air from system after testing, flush all
lines.
1. Tests shall be made between valves and as far as practicable in section of approximately one
thousand (1,000) feet as long as approved by Irrigation Consultant and Landscape Architect.
Potable water from an existing water distribution system shall be used if available. The test pressure
shall be 100 PSI and the pressure shall be maintained for a period of not less than two (2) hours.
Pressure shall not vary more than two pounds from the above during the two hour testing period.
Allowable leakage shall be computed on the basis of table 3, Section 13.7 AWWA Standard C600-
64, on the applicable formula for other than 18 foot lengths.
2. All leaks evident at the surface shall be uncovered and repaired regardless of the total leakage as
indicated by the test, and all pipes, valves, fittings and other materials found defective under the test
shall be removed and replaced at CONTRACTOR's expense. Tests shall be repeated until leakage
has been corrected.
N. Operational Testing: Perform operations testing after hydrostatic testing is completed, backfill is in place,
and inline tubing is adjusted to final position.
O. Upon completion of the testing, the CONTRACTOR shall complete assembly and adjust tubing spacings
for proper distribution as indicated elsewhere in these specifications.
P. Codes and Inspections: The entire installation shall comply fully with all local and state laws and
ordinances and with all established codes applicable thereto. The CONTRACTOR shall take out all
required permits (excluding Right-of-Way permit), arrange for all necessary inspections and shall pay all
fees and expenses in connection with same, as part of the work. Upon completion of the work, he shall
fumish to the "OWNER" all inspection certificates customarily issued in connection with the class of work
involved.
3.02 EXCAVATION AND TRENCHING
A. Perform all excavations as required for the installation of the work as defined and described on the
irrigation plans, in accordance with the contract documents and under this section of specifications. Work
may include shoring of earth banks, if necessary. Restore all surfaces, existing underground installation,
etc., damaged or cut as a result of the excavations, to their original condition.
B. Should utilities not shown on the plans be found during excavations, CONTRACTOR shall promptly notify
the OWNER or Landscape Architect for instructions as to further action. Failure to do so will make
CONTRACTOR liable for any and all damage thereto arising from his operations subsequent to discovery
of such utilities. Indicate such utility crossings on the record drawings promptly.
C. Trenches shall be open, vertical sided construction wide enough to provide free working space around
work installed and to provide ample space for backfilling and compacting.
D. When two (2) pipes are to be placed in the same trench, a six inch (6") space is to be maintained between
pipes. The CONTRACTOR shall not install two pipes with one directly above the other.
E. The CONTRACTOR shall cut trenches for pipe to required grade lines and compact trench bottom to
provide accurate grade and uniform bearing and support for each section of pipe at every point along its
entire length. Trench bottoms shall be free of rocks, gravel and all extraneous debris.
F. Trenches located under paving shall be backfilled with sand (a layer six inches (6") below the pipe and
three (3") above the pipe) and compacted in layers of 95% compaction. Depth of trenches shall be
sufficient to provide a minimum cover above the top of the pipe as follows:
12" over non-pressure lateral lines.
18" over non-pressure lateral lines under paving.
24" over control wires.
42" over sprinkler main line.
42" over sprinkler main line under paving.
G. Safety: Maintain all warning signs, shoring, barricades, flares and red lanterns as required by the Safety
Orders of the Division of Industrial Safety and any applicable Federal, State, and local ordinances.
8
3.03 EFFLUENT WATER METER AND PUMP STATIONS
A. Effluent Water Meter: Shall be installed according to local requirements.
B. Pump Stations: The pump stations shall be as specified in the specifications, drawings, and shall be
installed according to the installation detail, local codes, and the manufacturer's specifications. All
connecting piping shall be sized to allow no more than 20% decrease in pressure from that which is
available from the main source.
3.04 PIPE LINE ASSEMBLY
A. General
1. Install pipes and fittings in accordance with manufacturers latest printed instructions.
2. Clean all pipes and fittings of dirt, scales and moisture before assembly.
3. All pipe, fittings and valves, etc., shall be carefully placed in the trenches. Interior of pipes shall be
kept free from dirt and debris and when pipe laying is not in progress, open ends of pipe shall be
closed by approved means.
4. All lateral connections to the mainline as well as all other connections shall be made to the side of
the mainline pipe. No connections to the top of the line shall be allowed.
5. Plastic pipe shall be cut with PVC pipe cutters or hacksaw, or in a manner so as to ensure a square
cut. Burrs at cut ends shall be removed prior to installation so that a smooth unobstructed flow will
be obtained.
B. Solvent-Weld Joints for PVC Pipes
1. Use only a color tinted cleaner/primer to prepare the outside diameter of the pipe and the inside
diameter of the fitting socket. Cleaner/primer and solvent cement shall be compatible with the
specific sizes and types of PVC pipe and fittings being used.
2. Use only those applicator devices approved or recommended by the pipe and fitting manufacturer to
apply the cleaner/primer and the solvent cement. Applications shall also be approved by the
manufacturer of the cleaner/primer and solvent cement.
3. Make all joints immediately after applying the solvent cement. Check all fittings for correct position.
Hold joint steady so that pipe does not push out from fitting. Use a clean rag to remove any excess
solvent from completed joint area.
4. Cure all joints a minimum of one hour before applying any extemal stress on the piping and at least
twenty four (24) hours before placing the joint under water pressure, unless otherwise specified by
manufacturer.
C. Threaded Joints for PVC Pipes
1. Use Teflon tape on all threaded PVC fittings.
2. Use strap-type friction wrench only. Do not use metal-jawed wrench.
3. When connection is plastic to metal, male adapters shall be used. The male adapter shall be hand
tightened, plus one tum with a strap wrench.
D. Laying of Pipe
1. Pipes shall be bedded in at least two inches (2") of finely divided material with no rocks or clods
over one inch (1 ") diameter to provide a uniform bearing.
2. Pipe shall be snaked from side to side of trench bottom to allow for expansion and contraction. One
additional foot per 100 feet of pipe is the minimum allowance for snaking.
3. Do not lay PVC pipe when there is water in the trench.
9
E.
PVC Sleeves and Electrical Conduit
il
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1. PVC sleeves shall be in place as indicated on the drawings.
2. All PVC control wire conduit shall be sufficient size to hold the required quantity of control and
common wires.
F. Thrust Blocks
1. Concrete thrust blocks must be provided on the thrust side of the mainline pipe wherever the pipe
line:
. Changes direction, as at tees or bends.
. Dead ends.
. Any other spot where thrust is to be expected.
2. See irrigation plans for Thrust Block Details.
3.05 SHUT-OFF VALVES
A. If indicated in plans, shut-off valves shall be located in the following locations:
1. At size change interconnecting points.
2. Between mainline and each remote control valve.
B. To be located where shown per drawings.
C. All shut-off valves shall be housed in valve boxes as indicated per details.
3.06 IRRIGATION CONTROL VALVES
A. Install control valves in valve boxes, grouping together where practical. Place at center line of median.
B. Pressure regulating remote control valves shall be adjusted so that the pressure within the zone is as
specified.
C. All control valves shall be installed as close as possible to the mainline(s) or submain(s) piping as
possible. Control valves shall be type and size as specified herein and indicated on the drawings.
D. Valves shall be installed as shown in details and in accordance with manufacturer's instructions and the
specifications.
3.07 QUICK COUPLING VALVES
A. Shall be set a minimum of twelve inches (12") from walks, curbs, or paved areas where applicable or as
otherwise noted. Quick coupling valves shall be housed in 12" rectangular valve boxes, as detailed on the
plans.
B. Valves shall be installed on a three (3) elbow PVC Schedule 80 swing joint assembly as detailed on the
drawings.
3.08 VALVE & SPLICE BOXES
A. Valve boxes shall be set flush with finish grade in lawn areas and on half inch (Yo") above finish grade in
ground cover and shrub bed areas.
B. Install all valve boxes to avoid direct contact with PVC irrigation piping. Following valve box installation
place gravel or sand as indicated in the detail.
C. All valve boxes shall meet specifications, be sized and installed as shown and detailed herein. Top of
valve boxes shall be flush and level with grade when installed. CONTRACTOR to reinstall and re-Ievel
boxes if soil settling occurs.
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D. Where possible and feasible install valve boxes within planting bed lines. No valve boxes shall be installed
within 3' of any sidewalk or other pedestrian used surface, 5' from any vehicular roadways, swale(s) or any
other low point.
3.10 AUTOMATIC CONTROLLER
A. The automatic controller shall be installed at the approximate location shown on the plan. In a case where
the specific location of the controller is critical, the location shall be approved by the Landscape Architect
following stake-out in the field by the CONTRACTOR. CONTRACTOR shall be responsible for monitoring
the integrity of the flag marKings.
B. In the event that no specific location is designated, the CONTRACTOR shall determine and field locate the
controller(s) and rain sensor(s). Controllers shall be located in areas accessible to maintenance personnel.
Rain sensors shall be installed in open areas per manufacturer's recommendations.
C. Controllers shall be installed in accordance with the plan details, manufacturer's instruction and local
codes.
D. CONTRACTOR shall provide controller grounding in accordance with the manufacturer's requirements
and/or recommendations. If specified ground resistance cannot be obtained consult manufacturer for
prescribed methods.
E. Connect remote control valve to controller in the sequence shown on the plans. If plan is not labeled then
connect remote control valves to controller in a clockwise sequence to correspond with station setting
beginning with Stations 1, 2, 3, etc.
F. Affix controller name (Le. UController AU) on inside of controller cabinet door with letters minimum of one
inch (1 U) high. Affix a non-fading copy of irrigation diagram to cabinet door below controller name. Irrigation
diagram to be sealed between two sheets of 20 mil (minimum) plastic. Irrigation diagram shall be a
reduced copy of the as-built drawing and shall show clearly all valves operated by the controller, showing
station number, valve size and type of planting irrigated.
G. Program or schedule irrigation sequence for the irrigation system during construction and normal operation
until final acceptance by the Landscape Architect. Controller and valve operation shall be sequential.
3.11 CONTROL WIRING AND ELECTRICAL
A. CONTRACTOR shall be responsible for the placemelit of the dedicated 120 volt AC service necessary for
the operation of electric controller as specified on the plans and in accordance with the manufacturer's
specifications.
B. All electrical equipment and wiring shall be installed in accordance with the latest provisions of the National
Electrical Code, state and local code and be installed by those skilled and licensed in the trade.
C. Electric control lines (24 volt) from controller to automatic valves shall be direct burial wire of a different
color than the 120 volt service to controllers. The 24 volt common ground shall be of one continual color
and a different color than the other 24 volt lines and the 120 volt service. All 120 volt AC wiring shall be
installed in accordance with Federal, State, and local electrical code requirements.
D. AJl24 volt wire shall be encased in sleeves, specified per plans.
E. All above ground low voltage wiring shall be installed in UL listed plastic conduit and connectors in
accordance with prevailing local codes.
F. Install all 24 volt valve control wires and common wire under the irrigation main to one side of mainline
trench. Placement over pipes is not permitted. Installation depth shall conform to the depth of the mainline
as indicated elsewhere in these specifications. Install all 24 volt wires in mainline trench except for
distance between controller and mainline pipe location.
G. All field repair splices shall be made using Scotch-Lok No 3570 or 3-M-DBY connector sealing packs, or
approved equivalent. Each individual wire splice requires one connector sealing pack.
H. All in the field low voltage wire splices shall be made in a valve box as described within these
specifications or in a pedestal of the field controller.
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I. When more than one wire is placed in the same open trench, wires shall be bundled and taped together at
intervals of ten feet, using black electrical tape.
J. Provide an expansion coil within three (3) feet of each wire connection, at each change of direction, and at
least every one hundred feet (100') of wire length on runs of more than one hundred feet (100') in length.
Each expansion coil shall be formed by wrapping at least six (6) tums of wire around a 2 inch diameter
pipe, then removing the pipe.
K. Provide an expansion coil of 8' to 10' of wire or cable at each change in direction along the wire routing,
where wire is direct buried in a trench. Provide an expansion coil of 4' to 6' of wire every 1000' of straight
wire run. Coil diameter to be 24" to 30". Do not tape restrain the wire coil. Lay the wire coil flat in the
trench.
L. Provide an expansion coil of 8' to 10' of wire or cable at each side of the road crossing. Coil diameters to
be 24" to 30". Do not tape restrain the wire coil. Lay the wire coil flat in the trench.
M. The 24 VAC low voltage wiring system between field controller and remote control valves shall be properly
grounded per manufacturer's instruction.
N. The main line shall have two (2) spare wires installed its entire length and to the automatic controller.
Label each end "spare wire".
3.12 CLOSING OF PIPE AND FLUSHING OF LINES
A. Cap or plug all openings as soon as lines have been installed to prevent the entrance of materials that
would obstruct the pipe. Leave in place until removal is necessary for completion of installation.
1. Thoroughly flush out all water lines under a full head of water before installing heads, valves, quick
coupler assemblies, etc. Maintain flushing for a minimum of three (3) minutes at the valve located
furthest from water supply.
2. After flushing, cap or plug all openings to prevent entrance of materials that would obstruct the pipe
or clog heads. Leave in place until removal is necessary for completion of installation.
3. Test as specified below.
4. Upon completion of testing, complete assembly and adjust sprinkler heads for proper grade and
distribution.
3.13 TESTING
A. Request the presence of the Landscape Architect in writing or by phone at least 3 days in advance of
testing. All testing is to be accomplished at the expense of the CONTRACTOR and in the presence of the
Landscape Architect.
B. Make hydrostatic tests when welded PVC joints have cured at least 24 hours.
1. Pressurized Mains:
. Completely install mains, isolation valves and control valves. Do not install laterals.
. Open all isolation valves.
. Fill all lines with water and shut off at meter.
. Pressurize the main with air to 80 psL Monitor gauge for pressure loss for four (4) hours.
. Leave lines and fittings exposed throughout testing period. Center load piping with small
amount of backfill to prevent arching or slipping under pressure.
. Leaks resulting from tests shall be repaired and tests repeated until the system passes.
2. Operational Testing: Perform operational testing after hydrostatic testing is completed, backfill is in
place, and sprinkler heads adjusted to final position.
3. Demonstration: Demonstrate to the Landscape Architect that the system meets coverage
requirements and that automatic controls function properly. Coverage requirements are based on
operation of one circuit at a time.
12
3.14 INSPECTION
A. The CONTRACTOR shall maintain proper facilities and provide safe access for inspection to all parts of
the work.
B. Irrigation inspection shall consist of a minimum of:
1. Mainline pressure test.
2. Coverage test.
3. Final irrigation inspection.
C. If the specifications, the Landscape Architect's instructions, laws, ordinances or any public authority
require any worK to be specifically tested or approved, the CONTRACTOR shall give three (3) days notice
of its readiness for inspection.
D. The CONTRACTOR shall be solely responsible for notifying the Landscape Architect where and when
such worK is in readiness for testing.
E. If any worK should be covered up without approval, it must be uncovered, if required, for examination at
CONTRACTOR's expense.
F. No inspection will commence without "Record" drawings and without completing previously noted
corrections, or without preparing the system for inspection.
3.15 BACKFILL AND COMPACTING
A. After testing of system has occurred and inspections have been made, backfill excavations and trenches
with clean soil, free of stones, sticks, construction debris and rubbish. Unsuitable material, including clods
and rocks over two inches (2") in size shall be removed from the site.
B. Metalized identification tape shall be buried approximately 3 inches above PVC pipe. Metalized tape shall
be buried approximately 3 inches above ductile iron pipe. Tape width shall be three inch minimum tape
colors and imprints shall be as follows:
Imprint
Caution - Non-Potable Irrigation
Water Line Buried
Color
Blue
C. Backfill for all trenches, regardless of the type of pipe covered, shall be compacted to minimum 95%
density under pavement, 85% under planted areas. Compact trenches in areas to be planted by
thoroughly flooding the backfill. Jetting process shall be used when necessary in those areas.
D. A fine granular material shall be placed initially on all lines with a minimum of three inches (3") cover. No
foreign matter larger than one-half inch (Yo) in size shall be permitted in the initial backfill.
E. Trenches located under paving shall be backfilled with sand (a layer six inches (6") below the pipe and
three inches (3") above the pipe) and compacted in layers of 95% compaction.
F. Dress off all areas to finish grades and restore to condition previous to irrigation installation.
G. Clean-Up: Remove from the site all debris and surplus earth resulting from worK of this section. Clean-up
shall be conducted continuously throughout the installation process to keep extraneous materials off the
worK site.
3.16 BASIS OF PAYMENT
CONTRACTOR will submit a lump sum bid and shall receive full compensation for conforming to the provisions
of this Section and related drawings. The contractor will provide unit prices as indicated on the bid form for use
as addenda items negotiated by the OWNER with the CONTRACTOR. The lump sum paid will be for the
complete installation as shown and specified, including any addenda or change orders. No additional
compensation will be allowed.
13
r
,'"
~'i ' i'"
END OF SECTION
"'-""t
14
EXHIBIT K
PERMITS
lOt}
GC-CA-K-1
EXHIBIT L
STANDARD DETAILS
GC-CA-L-1
EXHIBIT M
PLANS AND SPECIFICATIONS
<-
GC-CA-M-1
EXHIBIT N
CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
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EXECUTIVE SUMMARY
lOx'
Acceptance of $1,510,094 in General Revenue funds and $1,639,225 in Hazard
Mitigation Grant Program (HMGP) funds towards the construction of the new
Collier County Emergency Operations Center (EOC)
OBJECTIVE: To provide acceptance notification to the Florida Department of Community Affairs,
Division of Emergency Management for the fund offering of$1,510,094 in General Revenue funds and
$1,639,225 of HMGP funds, under chapter 2006-71, Laws of Florida for the State Fiscal Year 2006-
2007, to construct a new EOC in Collier County.
CONSIDERATIONS: To obtain this funding the following requirements must be met:
- A letter of acceptance of the award offer
- Understanding that the actual HMGP funding portion will be determined by a subsequent
HMGP application and cost-benefit analysis
- Determination that the project can be completed within the three (3) year contract agreement
period
- Cost incurred prior to the contractual agreement date will not be reimbursed under this award
- Providing a County representative responsible for administration of the contract agreement
Following acceptance of the funding, the Department of Community Affairs will forward an agreement
for consideration by the Board of County Commissioners.
FISCAL IMP ACT: If accepted, this funding will decrease the cost to Collier County of the
Emergency Services Center (ESC) by up to $3,149,319.
GROWTH MANAGEMENT IMP ACT: None.
RECOMMENDATION: To sign the funding acceptance letter to the Department of Community
Affairs, Division of Emergency Management allowing the pursuit ofa contract agreement for funding.
PREPARED BY: Jim von Rinteln, Emergency Management Coordinator
A- bb ON
I () k..
;;. f 9.1/01
Donna Fiala
District 1
Frank Halas
District 2
Tom Henning
District 3
Fred W. Coyle
District 4
Jim Coletta
District 5
lOK
Pl30wrd o/~o/Iiw ~~ ~~
3301 East Tamiami Trail' Naples, Florida 34112 - 4977
(239) 774-8097' Fax (239) 774-3602
February 27,2007
Florida Department of Community Affairs
Division of Emergency Management
Bureau of Preparedness and Response
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Re: Acceptance of Emergency Operation Center (EOC) Construction and Improvement
Initiative funding for Collier County
Dear Mr. Fugate,
Collier County is pleased to accept the award offering of $1,510,094 in General Revenue
Funds and $1,639,225 in Hazard Mitigation Grant Program (HMGP) Funds towards the
construction of a new EOC.
Furthermore, Collier County understands that this funding is pursuant to Chapter 2006-
71, Laws of Florida, for the State Fiscal Year 2006-2007 and dependent upon meeting the
terms of a contract agreement and HMGP requirements. Additionally, we see no
obstacles to the completion of our EOC project within the three (3) year contract period.
The Collier County representative for administration of this Agreement is Mr. Dan
Summers, Director, Collier County Bureau of Emergency Services.
Sincerely,
James Coletta, Jr.
Chairman
;< / ~ { ),1:>0 7 t::t (2. . tc- ~c A
t2e :~.{.~oi-
€: 0 c. ~~X'
Approved as to form & legal sufflclen(:)'.
Qr ~ _.
~ ~.-
.'. MY ,
;;>'/),3107
101(
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
"State Emergency Response Team"
CHARLIE CRIST
Governor
W. CRAIG FUGATE
Director .
February 9, 2007
RECE\VEO
CERTIFIED MAIL # 7003 0500 0004 0163 4461
RETURN RECEIPT REQUESTED
rE':i'~ .. " ...{ rn1
r ~, ""'.~~
ElIrERSENC'.{ M;h~MEt'lT
Mr. James Coletta, Jr., Chairman
Collier County Board of County Commissioners
3301 East Tamiami Trail
Naples, Florida 34112
RE: Fund offering to construct or improve the Collier Emergency Operations Center Ulider Chapter 2006-
71, Laws of Florida (House Bill 7121)
Dear Mr. Coletta, Jr.:
We are pleased to inform you that the Division of Emergency Management has been given
legislative budget authority to offer you funds .in the amount of up to $1510,094 (in General Revenue.
funds) arid $1,639,225 (in Hazard Mitigation ~rant Program funds) to construCt or im.prove a Collier
Emergency Operations Center, pursuant to Chapter 2006-71, Laws of Florida, for the State Fiscal Year
2006-2007.
This office must receive notification within twenty-one (21 ) days from the receipt of this offering
indicating acceptance or rejections of this funding. Acceptance of this funding must be inclusive of all of
the following items:
t. A letter accepting or declining the award offer; a.nd
2. The name and address of the Representative of the Recipient who will be responsible for
the administration of the Agreement.
The Division will distribute Agreements shortly after receipt of a notice of acceptance. Agreement
funding amounts will initially include only the state General Revenue funds and a small amount of HMGP
funds (estimate sufficient for architectural/engineering allowance). Actual HMGP funding will be
determined by benefit-cost analysis and not necessarily the Legislative Budget Commission-approved
funding amount. Prior to award of HMGP funds, the Recipient is required to submit an HMGP application
(see the URL address: httD:/lwww.floridadisaster.orq/brm/hmqDDrocforms.htm ) and be determined to
meet all eligibility criteria, including demonstrated cost-effectiveness.
Prior to the acceptance of the Division's funding offer, the recipient should realistically determine
if the project's completion time frame is within the required three (3) year contract period. If you intend to
accept the funding offer, we highly recommend that you immediately take action to move ahead on the
proposed project by planning for requirements that may cause delays, such as: budgeting, local
governing actions; permitting, reviews, approvals, bid advertisements, site or building preparations.
2 5 5 5 SHUMARD OAK B 0 U lEV A RD. TAllAHASSEE, FLORI D A 3 2 3 9 9 - 21 0 0
P h 0 n. e: 8 5 0 . 4 1 3 . 9 9 6 9 Sun com: 8 5 0 . 2 9 3 . 9 9 6 9 FAX: 8 5 0 . 4 88 . 1 0 1 6
Internet address: httr,://www.FloridaDisaster..oni:
lONG TERM RECOVERY OFFICE . 36 SKYLINE DRIVE . lAKE MARY, FLORIDA 32746
Phone: 407-268-8899 FAX: 407-268-8977
lOK
Mr. James Coletta, Jr., Chairman
February 9, 2007
Page 2
These are areas that need to be completed immediately to ensure that the contract is completed within
the contract time frame.
The agreement will begin upon execution. Please be aware that costs incurred prior to the
execution date of the contractual agreement date will not be reimbursed under this award. The contract
termination date will be June 30, 2009. All award offers are contingent upon the availability of funds
pursuant to Legislative and Governor's Office of Policy and Budget actions.
We look forward to working with you. .If you have any questions, please contact Danny Kilcollins
at (850) 413-9859 or bye-mail: dannv.kilcollins@dca.state.fl.us or Quinton Williams at
(850) 487-1584 or bye-mail quinton:williams@dca.state.fl.us .
Respectfully,
~-"
-.. . ...."
~;-- t~
W.Craig Fugate, Director
Division of Emergency Management
WCF/dklws
cc: Dan E. Summers
Emergency Management Director
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIt 0 K
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO :.t.
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
exceotion of the Chairman's signature, draw a line through routing lines # I through #4, comolete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1. ---.-.---
2.
-----.------.----
.
3.
--- -----
4. ---
-_.------
5. Sue Filson, Executive Manager Board of County Commissioners '1
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Chvl~)t{I~~ (l{rm(Je
9- 'j -:(
Phone Number
LIf -; -!s..DK
~
Yes
(Initial)
N/A (Not
A licable)
Agenda Item Number
Number of Original
Documents Attached
'1 11\ (\
t'It".
,-.'
e'Y\C.
II V\{' /
\~ .,'t1\.-....-
C i~1(>
CPr C/
(~l~=-
fv.. - S; \.>..ry')'0. c~ v L
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office ofthe County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibly State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the [mal ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on J. . (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
2.
3.
4.
5.
6.
lOK
EXECUTIVE SUMMARY
Acceptance of $1,510,094 in General Revenue funds and $1,639,225 in Hazard
Mitigation Grant Program (HMGP) funds towards the construction of the new
Collier County Emergency Operations Center (EOC)
OBJECTIVE: To provide acceptance notification to the Florida Department of Community Affairs,
Division of Emergency Management for the fund offering of $1 ,510,094 in General Revenue funds and
$1,639,225 of HMGP funds, under chapter 2006-71, Laws of Florida for the State Fiscal Year 2006-
2007, to construct a new EOC in Collier County.
CONSIDERATIONS: To obtain this funding the following requirements must be met:
- A letter of acceptance of the award offer
- Understanding that the actual HMGP funding portion will be determined by a subsequent
HMGP application and cost-benefit analysis
- Determination that the project can be completed within the three (3) year contract agreement
period
- Cost incurred prior to the contractual agreement date will not be reimbursed under this award
- Providing a County representative responsible for administration of the contract agreement
Following acceptance of the funding, the Department of Community Affairs will forward an agreement
for consideration by the Board of County Commissioners.
FISCAL IMP ACT: If accepted, this funding will decrease the cost to Collier County of the
Emergency Services Center (ESC) by up to $3,149,319.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: To sign the funding acceptance letter to the Department of Community
Affairs, Division of Emergency Management allowing the pursuit of a contract agreement for funding.
PREPARED BY: Jim von Rinteln, Emergency Management Coordinator
,4 h~ ON
10 k,
d. f 0-1/01
Donna Fiala
District 1
Frank Halas
District 2
Tom Henning
District 3
Fred W. Coyle
District 4
Jim Coletta
District 5
P730ad o/Yi~ ~~ ~MnmiM~
3301 East Tamiami Trail- Naples, Florida 34112 - 4977
(239) 774-8097 - Fax (239) 774-3602
February 27,2007
Florida Department of Community Affairs
Division of Emergency Management
Bureau of Preparedness and Response
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Re: Acceptance of Emergency Operation Center (EOC) Construction and Improvement
Initiative funding for Collier County
Dear Mr. Fugate,
Collier County is pleased to accept the award offering of $1 ,51 0,094 in General Revenue
Funds and $1,639,225 in Hazard Mitigation Grant Program (HMGP) Funds towards the
construction of a new EOe.
Furthermore, Collier County understands that this funding is pursuant to Chapter 2006-
71, Laws of Florida, for the State Fiscal Year 2006-2007 and dependent upon meeting the
terms of a contract agreement and HMGP requirements. Additionally, we see no
obstacles to the completion of our EOC project within the three (3) year contract period.
The Collier County representative for administration of this Agreement is Mr. Dan
Summers, Director, Collier County Bureau of Emergency Services.
Si~...
~
Ja es Coletta, Jr. _f
Chairman
~:i~~: E .: B RC'C:~. C L E R~
,-0.(.
Item # \D'L.
Aqenda 2...Z,.....D,
Date ~
O:lte 2....~~.....(:)"\
Reed
.10K
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
"State Emergency Response Team"
CHARLIE CRIST
Governor
W. CRAIG FUGATE
Director.
February 9, 2007
RECE\VEO'
CERTIFIED MAIL # 7003 0500 0004 0163 4461
RETURN RECEIPT REQUESTED
.,.: ',-. ~ I. . ~--""1
~ t~" t ~... '.~ (
EMER6ENC'l' M~:tlliA\iiBMENT
Mr. James Coletta, Jr., Chairman
Collier County Board of County Commissioners
3301 East Tamiami Trail
Naples, Florida 34112
RE: Fund offering to construct or improve the Collier Emergency Operations Center under Chapter 2006-
71, Laws of Florida (House Bill 7121)
Dear Mr. Coletta, Jr.:
We are pleased to inform you that the Division of Emergency Management has been given
legislative budget authority to offer you funds in the amount of up to $1510,094 (in General Revenue
funds) and $1,639,225 (in Hazard Mitigation ~rant Program funds) to construct or improve a Collier
Emergency Operations Center, pursuant to Chapter 2006-71, Laws of Florida, for the State Fiscal Year
2006-2007.
This office must receive notification within twenty-one (21) days from the receipt of this offering
indicating acceptance or rejections of this funding. Acceptance of this funding must be inclusive of all of
the following items:
1. .' A letter accepting or declining the award offer; and
2. The name and address of the Representative of the Recipient who will be responsible for
the administration of the Agreement.
The Division will distribute Agreements shortly after receipt of a notice of acceptance. Agreement
funding amounts will initially include only the state General Revenue funds and a small amount of HMGP
funds (estimate sufficient for architectural/engineering allowance). Actual HMGP funding will be
determined by benefit-cost analysis and not necessarily the Legislative Budget Commission-approved
funding amount. Prior to award of HMGP funds, the Recipient is required to submit an HMGP application
(see the URL address: htto:/lwww.floridadisaster.orq/brm/hmqpprocforms.htm ) and be determined to
meet all eligibility criteria, including demonstrated cost-effectiveness.
Prior to the acceptance of the Division's funding offer, the recipient should realistically determine
if the project's completion time frame is within the required three (3) year contract period. If you intend to
accept the funding offer, we highly recommend that you immediately take action to move ahead on the
proposed project by planning for requirements that may cause delays, such as: budgeting, local
governing actions, permitting, reviews, approvals, bid advertisements, site or building preparations.
2555 SHUMARD OAK BOULEVARD . TALLAHASSEE, FLORIDA 32399-2100
Phone: 850.413.9969 Suncom: 850.293.9969 FAX: 850.488.1016
Internet address: http://www.FloridaDisaster.org
LONG TERM RECOVERY OFFICE . 36 SKYLINE DRIVE · LAKE MARY, FLORIDA 32746
Phone: 407-268-8899 FAX: 407-268-8977
.10K
'"
Mr. James Coletta, Jr., Chairman
February 9, 2007
Page 2
These are areas that need to be completed immediately to ensure that the contract is completed within
the contract time frame.
The agreement will begin upon execution. Please be aware that costs incurred priorto the
execution date of the contractual agreement date will not be reimbursed under this award. The contract
termination date will be June 30, 2009. All award offers are contingent upon the availability of funds
pursuant to Legislative and Governor's Office of Policy and Budget actions.
We look forward to working with you. If you have any questions, please contact Danny Kilcollins
at (850) 413-9859 or bye-mail: dannv.kilcollins@dca.state.fl.us or Quinton Williams at
(850) 487-1584 or bye-mail quinton:williams@dca.state.fl.us .
Respectfully,
~......)
W. Craig Fugate, Director
Division of Emergency Management
WCF/dk/ws
cc: Dan E. Summers
Emergency Management Director
lOL
'~~i
MEMORANDUM
Date:
March 5, 2007
To:
Linda Jackson, Contract Specialist
Purchasing Department
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Review of an Agreement Entitled:
"Actuarial Consulting Services for
Windstorm Insurance"
Awardee: AIS Risk Consultants, Inc.
Enclosed please find three (3) original agreements, as referenced above,
(Agenda Item #10L) approved by the Board of County Commissioners
on Tuesday, February 27, 2007.
The Finance Department and the Minutes & Records Department have
retained original agreements as well.
If you should have any questions, please contact me at 774-8406.
Thank you.
Enclosures (3)
ORIGINAL DOCUMENTS CHECKLIST & ROUTINa sO!
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENf1tO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original doclJmcnl. Origl11al documents should be hand delivered to the Board Ollice. The completed routing slip and original
documents are to be forwarded to the Board Ot1ice 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 ofthe Chainnan's sienature, draw a line throueh routing lines # I through #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routine order)
1.
2.
3.
r
4. Colleen M. Greene Assistant County Attorney - --LP 03/02/06
_, 'II'.
( ~~
5. Sue Filson, Executive Manager Board of County Commissioners J \
6. Minutes and Records Clerk of Court's Office
PRIMARY CONT ACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who ereated/prepared the executive
summary. Primary eontact 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 Linda Jackson Best, Contract Specialist Phone Number 774-8990
Staff Contact
Agenda Date Item February 27, 2007 Agenda Item Number 10(L)
was Approved by the
BCC
Type of Document Review of an agreement entitled: Number of Original Five (5)
Attached "Actuarial Consulting Services for Documents Attached
Windstorm Insurance"
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 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 ofBCC 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 ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of your deadlines!
6. The document was approved by the BCC on Februarv 27. 2007 and all changes made CMG
during the meeting have been incorporated in the attached document. The County
Attornev's Office has reviewed the chan2es, if applicable.
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
tOl
MEMORANDUM
TO: Wayne Fiyalko
Risk Management Department
DATE RECEIVED
FEB 2 7 2007
RISK MANAGENE In
FROM: Linda Jackson Best, Contract Specialist
Purchasing Department
; ~})
DATE: Tuesday, February 27,2007
RE: Review of Insurance for an agreement entitled: "Actuarial Consulting
Services for Windstorm Insurance"
The Contract was approved by the BCC on February 27,2007; Agenda Item
( 16)('= )Q). (\ 0 )(L)
Please review the Insurance Certificate in this Agreement for the
above-referenced contract. If everything is acceptable, please forward to the
County Attorney for further review and approval. Please advise me when it
has been forwarded.
If you have any questions, please contact me at extension 8990.
Thank you. <:::;S k> 6(0--, fR \ ... tq ~
~ \f'.....~"""'~ '- ot ~ do" ~...._
~.Jr ~ ~ ~ c::.....Q~~.Q)"" ~
l.I::"" c-~ ~~ ,(~-f- A,S ~~ ~~
1.- ~~ ~~s \
cc: Jeff Walker, Director of Risk Management .~ ~ ~
/
lOL
_ " ITEM NO.:
FILE NO.:
DATE RECEIVED:
", (iL-i"' 'L
'l'-\-'{ l- v\ I nL
\,.';()UNTr A TfORN8
2unl rES 28 PM 4: 40
ROUTED TO:
01- Iff C - (}(}hLfO
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
\ \) /)(
\\ \
t!J c){\ be, \ ()cV
iC, .
Date:
Tuesday, February 27,2007
To:
Office of the County Attorney
Attention: gobert Zat"h::lry ('ollce/! b-r~f'!!!.':Qfr:
fl7
Linda Jackson Best, Contract specialist~ \
/ ~ ,
Purchasing Department, Extension 8990 I, \
'J
From:
Re: Review of an agreement entitled: "Actuarial Consulting Services for
Windstorm Insurance"
The Contract was approved by the BCC on February 27,2007; Agenda Item
( 1~ )(C)(64. (l b )(L )
BACKGROUND OF REQUEST:
At the request of the Commissioners, Jeff Walker and" I:~negotiated this
agreement with AIS Risk Consultants, the same firm that handled the
windstorm study for Monroe County. The Board waived formal competition
after comments were made on January 9, 2007 by Ms. Bobbie Dusek who
discussed "Fighting Against Insurance Rates" (FAIR) to the Board of County
Commissioners. The item was put on hold pending the outcome of recent
Legislation.
On February 13, the Board, directed Jeff Walker to pursue the agreement with
AIS.
This item has not been previously submitted.
ACTION REQUESTED: Please review for legal sufficiency. Upon
acceptance and authorization from the County Attorney's office, please
forward to the BCC for final execution. Thank you!
OTHER COMMENTS:
Division of Corporations
10l
.R.age 1 of2
<._....~~ 'mm'm~m".~
Foreign Profit
AIS RISK CONSULTANTS, INC.
PRlNCIP AL ADDRESS
4400 ROUTE 9 S
FREEHOLD NJ 07728
H'...'.H..............m&....
V
I/~/
MAILING ADDRESS
4400 ROUTE 9 S
FREEHOLD NJ 07728
Document Number
F06000002144
FEI Number
222570920
Date Filed
04/04/2006
State
NJ
Status
ACTIVE
Effective Date
NONE
Registered Agent
Name & Address
SCHWARTZ, YETTA
2521 NW 104THAVEBLDG211 APT 206
SUNRISE FL 33322
r~=_~.~_~_~_~~_~~.~_~:_-::~...~,-:'~.==--::~~_~::.=~."':'.~~._ft.':-::'.~.~:;
I Name & Address II Title I
SCHWARTZ, ALLAN I [J
4400 ROUTE 9 S
FREEHOLD NJ 07728
Officer/Director Detail
~I
Annual Reports
Report Year II Filed Date
I'
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Division of Corporations
lOL
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tom. "'.m_m'wmn__~..u_N..m..~......'_.~
Document Images
Listed below are the images available for this filing.
1104/04/2006 -- Foreign Profit
II
TillS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
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http://www.sunbiz.org/scripts/cordet.exe?al=DETFIL&n1=F06000002144&n2=NAMFWD&n3=0000&...1/18/2007
Division of Corporations
10L
'''''Page 1 of 2
Foreign Profit
AIS RISK CONSULTANTS, INC.
PRINCIPAL ADDRESS
4400 ROUTE 9 S
FREEHOLD NJ 07728
./
,.,-
MAILING ADDRESS
4400 ROUTE 9 S
FREEHOLD NJ 07728
Document Number
F06000002144
FEI Number
222570920
Date Filed
04/04/2006
State
NJ
Status
ACTIVE
Effective Date
NONE
Registered Agent
Name & Address
SCHWARTZ, YETTA
2521 NW I 04TH AVE BLDG 211 APT 206
SUNRISE FL 33322
Officer/Director Detail
FREEHOLD NJ 07728
II Title I
c:J
Name & Address
SCHWARTZ, ALLAN [
4400 ROUTE 9 S
II
Annual Reports
Report Year II Filed Date
II
http://www.sunbiz.org/scripts/cordet.exe?al=DETFIL&nl=F06000002144&n2=NAMFWD&n3=0000&...1/18/2007
Division of Corporations
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Page 2 of2
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Document Images
Listed below are the images available for this filing.
1104/04/2006 -- Foreign Profit
II
THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
http://www.sunbiz.org/scripts/cordet.exe?al=DETFIL&nl=F06000002144&n2=NAMFWD&n3=0000&...1/18/2007
lOl
AGREEMENT
for
Actuarial Consulting Services for Windstorm Insurance
THIS AGREEMENT, made and entered into on this 27th day of February 2007, by and
between AIS Risk Consultants, Inc., authorized to do business in the State of Florida, whose
business address is: 4400 Route 9 S., Suite 1200, Freehold, New Jersey, 07728, hereinafter
called the (or "Consultant" and Collier County, a political subdivision of the State of Florida,
Collier County, Naples, hereinafter called the "County":
WIT N E SSE T H:
1. COMMENCEMENT. This Agreement shall commence after receipt of the Notice to
Proceed, in the form of a letter from the Risk Management Director or his designee. The
Contract shall be for a one (1) year period, commencing on March 1, 2007 and
terminating on February 29, 2008.
2. STATEMENT OF WORK. The Consultant shall provide professional services which
shall include, but not be limited to an actuarial study of Windstorm Insurance as it
affects the residents of Collier County as per Exhibit A, Scope of Services, hereto
attached and made an integral part of this agreement. Additional services, if required,
shall be mutually agreed upon by the Consultant and the Risk Management Director or
his designee in the form of a written change order.
3. THE CONTRACT SUM. The County shall pay the Consultant for the performance of
this Agreement an estimated maximum amount of seventy five thousand ($75,000)
dollars. Hourly billing rates are in accordance with Exhibit B, Hourly Rates, hereto
attached and made an integral part of this agreement. Payments shall be made to the
Consultant not more frequently than once per month.
Payment will be made upon receipt of a proper invoice and in compliance with Section
218.70 F.s. otherwise known as the "Florida Prompt Payment Act".
4. NOTICES. All notices from the County to the Consultant shall be deemed duly served
if mailed or faxed to the Consultant at the following Address:
Page 1 of8
JOl
AIS Risk Consultants
4400 Route 9 South, Suite 1200
Freehold, New Jersey 07728
Attention: Mr. Allan 1. Schwartz
Fax: 732-780-2706
All Notices from the Consultant to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attention: Steve Carnell
Fax: 239-732-0844
The Consultant and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Service
Agreement must be in writing.
5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Consultant or to constitute the Consultant as
an agent of the County.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits
necessary for the prosecution of the Work shall be obtained by the Consultant. Payment
for all such permits issued by the County shall be processed internally by the County.
All non-County permits necessary for the prosecution of the Work shall be procured
and paid for by the Consultant. The Consultant shall also be solely responsible for
payment of any and all taxes levied on the Consultant. In addition, the Consultant shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
u. S. Government now in force or hereafter adopted. The Consultant agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Consultant.
7. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to
use in any manner whatsoever, county facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Consultant
or if the County or its authorized representative shall deem any conduct on the part of
the Consultant to be objectionable or improper, the County shall have the right to
suspend the contract of the Consultant. Should the Consultant fail to correct any such
Page 2 of8
10L
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Consultant further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
8. TERMINATION. Should the Consultant be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement immediately for cause; further the County may terminate this
Agreement for convenience with a thirty (30) day written notice. The County shall be
sole judge of non-performance.
9. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination
as to race, sex, color, creed or national origin.
10. INSURANCE. The Consultant shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $300,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Consultants; Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $100,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of
$100,000 for each accident.
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Consultant during the duration of this Agreement. Renewal
certificates shall be sent to the County thirty (30) days prior to any expiration date.
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Page 3 of8
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Consultant shall insure that all subConsultants comply with the same insurance
requirements that he is required to meet. The same Consultant shall provide
County with certificates of insurance meeting the required insurance provisions.
11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Consultant shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the Consultant or anyone
employed or utilized by the Consultant in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other
rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of
Collier County.
12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of the County by the Risk Management Department.
13. 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.
14. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Consultant's Proposal; Exhibit A, Scope of Services for AIS Consultants,
Inc.; Exhibit B, Hourly Rates; and Insurance Certificate.
15. SUBJECT TO APPROPRIATION. It is further understood and agreed by and
between the parties herein that this agreement is subject to appropriation by the Board
of County Commissioners.
16. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or
individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112,
Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County
Administrative Procedure 5311. Violation of this provision may result in one or more
of the following consequences: a. Prohibition by the individual, firm, and/ or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/ or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/ or
Page 4 of8
.10L
quotes; and, c. immediate termination of any contract held by the individual and/ or
firm for cause.
17. IMMIGRATION LAW COMPLIANCE: By executing and entering into this
agreement, the Consultant is formally acknowledging without exception or stipulation
that it is fully responsible for complying with the provisions of the Immigration
Reform and Control Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations
relating thereto, as either may be amended. Failure by the Consultant to comply with
the laws referenced herein shall constitute a breach of this agreement and the County
shall have the discretion to unilaterally terminate this agreement immediately.
18. VENUE: Any suit or action brought by either party to this Agreement against the
other party relating to or arising out of this Agreement must be brought in the
appropriate federal or state courts in Collier County, Florida, which courts have sole
and exclusive jurisdiction on all such matters.
Page 5 of8
iOL
IN WITNESS WHEREOF, the Consultant and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
A TI'EST.:
Dwight R' B~ock, ~::Ierk of Courts
. B;:~ "~~:s'{
. .Daf~~~.~ ~~'~
v.' . (SEAL)
BOARD OF COUN1Y COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:~
Jark( Colelta, irman
I'
AIS Risk Consultants, Inc.
?1kh<<vn.~ :t~
First Witness -
By:~/~ d;~
A Ian I. Schwartz .
If'
Type/ print witness name
~'
:' ;,' '7
l~~l-1J ~~
Second Witness
iN "111 -:1. S' c ~"""t;A l.: ) ResiJhf
Typed signature and title
f?, ( f,>cv- d. 13v€ r
Type/print witness name
Approved as to form and
legal sufficiency:
~1r1~
Assistant County Attorney
QDlleen N\, 6reerte-
Print Name
Item # .lDL
Agenda ""'I-a l'O--?
Date (;) ~ ,
D8te 36-cSl
Rec'd
Page 6 of8
10L
Exhibit A
Scope of Services for AIS Risk Consultants, Inc.
The scope of services is for AIS Risk Consultants, Inc. to work on various projects related to
insurance under the direction of the Risk Management Department of Collier County. These
projects may include, but are not limited to, the following:
.
Gathering relevant information.
.
Reviewing insurance company filings with particular attention to Collier County.
.
Preparing a filing for Collier County for homeowners and / or other lines of
insurance.
.
Evaluating regulatory and legislative issues and proposals.
.
Providing assistance in presenting information to the Office of Insurance Regulation,
the Florida Legislature and other entities.
Page 7 of8
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Exhibit B
Hourly Rates
AIS Risk Consultants, Inc.
The following named individuals will perform the services at the following billing rates:
Name Rate
A. Schwartz $350.00jhr.
R. Boer $275.00jhr.
K. Tollar $175.00jhr.
M. Dwyer $175.00jhr.
Page 8 of8
I
ACORD.. CERTIFICATE OF LIABILITY INSURANCE OP ID L~ DATE (MMlDDIYYYYI
AISRI-1 02/21/07
PRODUCE~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Selective Service Center HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
P. O. Box 13325 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Richmond VA 23225-0325
Phone: 877-744-3125 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A. Selective Way :Insurance Co, 26301
INSURER B:
AIS Risk Consultants Inc INSURER C:
4400 Rt 9 South INSURER D:
Freehold NJ 07728
INSURER E:
lOl
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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.
LTR NSRC TYPE OF INSURANCE POLICY NUMBER I I"D'i'ilf(MMlDDIYY) P8k~1{(MM/DDIYY) LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1000000
I--
X COMMERCIAL GENERAL LIABILITY S 1710198 PREMISES (Ea occurence) $
- =:J CLAIMS MADE 0 OCCUR
- MED EX? (MY one person) $ 5000
A ~ Business OWners 08/20/06 08/20/07 PERSONAL & ADV INJURY $
GENERAL AGGREGATE $ 3000000
-
GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGG $ 3000000
I !Xl PRO. n
POLICY X JECT LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- $
ANY AUTO (Ea aCCident)
-
ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (Per person)
-
.~ HIRED AUTOS BODIL Y INJURY
$
~ NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
R ANY AUTO OTHER THAN EA ACC $
AUTO ONL Y: AGG $
EXCESSJUMBRELLA LIABILITY EACH OCCURRENCE $
tJ OCCUR o CLAIMS MADE AGGREGATE $
$
R DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND I TORY LIMITS I IUJ~
EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNERlEXECUTIVE EL EACH ACCIDEm $
OFFICERIMEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $
If yes. descnbe under
SPECIAL PROVISIONS below EL DISEASE - POLICY LIMIT $
OTHER
PROPERTY 27654
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Collier County of Florida is included as additional insured with respect to
General Liability.
CERTIFICATE HOLDER
Collier County of Florida
3301 East Tamiami Trail
Naples FL 34112
CANCELLATION
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, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
A RI DR PRES
ACORD 25 (2001/08)
@ACORDCORPORATION 1988
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 (2001/08)
NEW JERSEY HIRED AUTO AND NON-OWNED AUTO
LIABILITY
lOL
. POLICY NUMBER: S 1710198
BUSINESSOWNERS
BP 04 28 07 02
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
SCHEDULE
Coverage
Additional
Premium
Hired Auto Liability
INCLUDED
Non-Owned Auto Liability
INCLUDED
Section II - Liability is amended as follows:
A. Insurance is provided only for those coverages
for which a specific premium charge is shown
in the Declarations or in the Schedule.
(b) Performing duties related to the
conduct of the insured's busi-
ness; or
1. HIRED AUTO LIABILITY
(2) To the spouse, child, parent, brother
or sister of that "employee" as a
consequence of Paragraph (1)
above.
This exclusion applies:
(a) Whether the insured may be
liable as an employer or in any
other capacity; and
(b) To any obligation to share dam-
ages with or repay someone
else who must pay damages be-
cause of injury.
This exclusion does not apply to:
(i) Liability assumed by the in-
sured under an "insured
contract"; or
(ii) "Bodily injury" arising out of
and in the course of domes-
tic employment by the in-
sured unless benefits for
such injury are in whole or
in part either payable or re-
quired to be provided under
any workers' compensation
law.
Paragraph A.1. Business Liability. applies to
"bodily injury" or "property damage" aris-
ing out of the maintenance or use of a
"hired auto" by you or your "employees" in
the course of your business.
2. NON.OWNED AUTO LIABILITY
Paragraph A.1. Business Liability, applies to
"bodily injury" or "property damage" aris-
ing out of the use of any "non-owned auto"
in your business by any person.
B. For insurance provided by this endorsement
only:
1. Paragraph B.1. Exclusions Applicable to
Business Liability Coverages, other than
exclusions a" b., d" and i. and the Nuclear
Energy Liability Exclusion, are deleted and
replaced by the following:
a. "Bodily injury":
(1) To an "employee" of the insured
arising out of and in the course of:
(a) Employment by the insured; or
Copyright, ISO Properties, Inc., 2001
BP 04 28 07 02
Page 1 of 2
INSURED'S COPY
b. "Property damage" to:
(1) Property owned or being trans-
ported by, or rented or loaned to
the insured; or
(2) Property in the care, custody or
control of the insured.
2. Paragraph C. Who Is An Insured is replaced
by the following:
Each of the following is an insured under
this endorsement to the extent set forth be-
low:
a. You;
b. Any other person using a "hired auto"
with your permission;
c. For a "non-owned auto", any partner or
"executive officer" of yours, but only
while such "non-owned auto" is being
used in your business; and
d. Any other person or organization, but
only for their liability because of acts or
omissions of an insured under a., b. or
c. above.
None of the following is an insured:
(1) Any person engaged in the busi-
ness of his or her employer for
"bodily injury" to any co-"em-
ployee" of such person injured in
the course of employment, or to the
spouse, child, parent, brother or
sister of that co-"employee" as a
consequence of such "bodily in-
jury", or for any obligation to share
damages with or repay someone
else who must pay damages be-
cause of the injury;
Copyright, ISO Properties, Inc., 2001
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(2) Any partner or "executive officer"
for any "auto" owned by such part-
ner or officer or a member of his or
her household;
(3) Any person while employed in or
otherwise engaged in duties in con-
nection with an "auto business ".
other than an "auto business" you
operate;
(4) The owner or lessee (of whom you
are a sublessee) of a "hired auto"
or the owner of a "non-owned auto"
or any agent or "employee" of any
such owner or lessee;
(5) Any person or organization for the
conduct of any current or past part-
nership or joint venture that is not
shown as a Named Insured in the
Declaration s.
C. The following additional definitions apply:
1. "Auto Business" means the business or
occupation of selling, repairing, servicing,
storing or parking "autos".
2. "Hired Auto" means any "auto" you lease,
hire or borrow. This does not include any
"auto" you lease, hire or borrow from any
of your "employees" or members of their
households, or from any partner or "execu-
tive officer" of yours.
3. "Non-Owned Auto" means any "auto" you
do not own, lease, hire or borrow which is
used in connection with your business.
However, if you are a partnership, a "non-
owned auto" does not include any "auto"
owned by any partner.
-
ii
-
-
!!
-
!
!!
-
-
-
.
ii
!!
..
..
..
..
-
..
~
..
-
..
-
!!
-
-
-
-
-
;;;;
BP 04 28 07 02
Page 2 of 2
TN~III)!:'n' ~ I"'nDV
N. ilrMrnsurance
. ~ Group--.-
NEW JERSEY CASUALTY INSURANCE COMPANY
tOl
we 00 00 01 B
Workers Compensation and Employers liability Insurance Policy No. M23872-5-06
Renewal of M23872-5-05
H 0 No 00000
I
NJTIN 222570920000
INFORMATION PAGE
NCCI # 38024
1. The Insured: AIS RISK CONSULTANTS INC
Mailing Address: 4400 HIGHWAY 9 STE 1000 FREEHOLD NJ 07728
Legal Status: CORPORA TION
Other Workplaces:
2. The policy period is from 09/14/2006 to 09/14/2007 12:01 A.M Standard Time at the Insured's Mailing Address.
3. A. Workers' Compensation Insurance: Part One of the policy applies to the Workers' Compensation Law of the states listed here: New Jersey
8. Employers' Liability Insurance: Part Two of the policy applies to work in each state listed in Item 3.A. The limits of our liability under Part
Two are: Bodily InjUry by Accident $500,000 each accident Bodily Injury by Disease $500,000 policy limit
Bodily Injury by Disease $500,000 each employee
C. Other States Insurance: Part Three of the policy applies to the states, if any, listed here:
SEE ENDORSEMENT WC 29 03 09 A
D. This policy includes these endorsements and schedules:
WC 29 03 06 A WC 00 01 13 WC 00 04 22 WC 29 0 3 09 A WC 29 03 10 WC 00 04 21 A
4. The premium for this policy will be determined by our Manual of Rules, Classifications, Rates and Rating Plans. All information reqUired below IS subject
to verification and change by audit.
Premium Basis Manual Rate
Code Estimated Total Per $100 ESlimr;lled
Classification Of Operations No. Annual Remuneration 01 Remuneration Annual Premium
Clerical office employees noc 8810 273,360 .27 738
Terrorism Risk Insurance Extension Act (TRIA charge per $100 of
payroll included In total estimated cost) 9740
Premium for Increased Limits Part Two, if applicable MINIMUM 50
Total Premium Subject to the Experience Modification 788
Modified Premium INAPPLICABLE
Construction Credit NJCCPAP N/A
Other Premium Charges
Total Estimated Standard Premium 788
Premium Discount, If applicable
PPAP Factor: 10 % Premium $ 79 79
Expense Constant Charge $200 TRIA-9740 ($.03) $82 DTEC-9741 ($.01) $27 309
Total Estimated Premium 1,176
Surcharges: NJSIFS 5.68% $45 NJUEFS 0.05% $0 45
Minimum Premium 227 Total Estimated Cost $ 1,221
Payment Plan: ANNUAL Deposit Premium $ 1,221
BUR FILE-486004
Countersigned August 31,2006 at West Trenton. NJ
@
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO Rip 6 q
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
Complete routing lines#1 through#2 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#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office 1 `1 3
4. BCC Office Board of County G N 6)--\/
Commissioners Vi\r/57 \ct
5. Minutes and Records Clerk of Court's Office Q/61((/'/ A
PRIMARY CONTACT INFORMATION
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,may need to contact staff for additional or missing information.
Name of Primary Staff John Houldsworth Phone Number x-5757
Contact/ Department
Agenda Date Item was Feb.27,2007 Agenda Item Number 16-Al
Approved by the BCC Q)(}', IvOV• 13123eq 'r
Type of Document Plat t 1°' . 202 Number of Original One
Attached Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? JH
2. Does the document need to be sent to another agency for additional signatures? If yes, JH
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JH
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's JH
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JH
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JH
should be provided to the County Attorney Office at the time the item is input into SIRE.
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!
8. The document was approved by the BCC on February 27,2007 and all changes made
during the meeting have been incorporated in the attached document. The CountyF
Attorney's Office has reviewed the changes,if applicable. Q;
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the i
Chairman's signature. aar,F
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU A 1
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Y Attorite
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
Complete routing lines#1 through#2 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#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office I` I13
4. BCC Office Board of County GR.
Commissioners W// %`cc\�3
5. Minutes and Records Clerk of Court's Office " \ /9 I13 LIP
PRIMARY CONTACT INFORMATION I _I
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,may need to contact staff for additional or missing information.
Name of Primary Staff John Houldswort Phone Number x-5757
Contact/ Department
Agenda Date Item was Feb.27,2007 Agenda Item Number 16-Al
Approved by the BCC
Type of Document Construction& Maintenance Agreement Number of Original One
Attached and copy of CASH BOND Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? JH
2. Does the document need to be sent to another agency for additional signatures? If yes, JH
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JH
signed by the Chairman, with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's JH
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JH
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JH
should be provided to the County Attorney Office at the time the item is input into SIRE.
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!
8. The document was approved by the BCC on February 27,2007 and all changes made ;01'
during the meeting have been incorporated in the attached document. The County <�tr, b '-�;
Attorney's Office has reviewed the changes,if applicable
9. Initials of attorney verifying that the attached document is the version approved by the eta
BCC, all changes directed by the BCC have been made,and the document is ready for the s :rs7sfgi
Chairman's signature. t: t •,
1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
! 6A1
MEMORANDUM
Date: August 12, 2013
To: John Houldsworth, Senior Engineer
Engineering Services Department
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Construction & Maintenance Agreement and Copy of
Cash Bond for Turnbury Preserve
Attached for your records is a copy of the document referenced above,
(Item #16A1) adopted by the Board of County Commissioners on Tuesday,
February 27, 2007.
If you have any questions, please feel free to contact me at 252-8411.
Thank you.
Attachment
L0-0 to(Le-Li -ilsevue._
CONSTRUCTION AND MAINTENANCE AGREEMENT
1 6 A 1
FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this 18th day of July, 2013, between Bessette Properties, LLC.,
hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County,
Florida, hereinafter referred to as the "Board.
RECITALS:
A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by
the Board of a certain plat of a subdivision to be known as: Turnbury Preserve
B. Chapters 4 and 10 of the Collier County Land Development Code requires the Developer to post
appropriate guarantees for the construction of the improvements required by said subdivision
regulations, said guarantees to be incorporated in a bonded agreement for the construction of the
required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed: The Required Improvements
within 12 months from the date of approval said subdivision plat, said improvements hereinafter
referred to as the required improvements.
2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A"
and by reference made a part hereof) in the amount of$120,296. which amount represents 10% of the
total contract cost to complete construction plus 100% of the estimate cost of to complete the
required improvements at the date of this Agreement.
3. In the event of default by the Developer or failure of the Developer to complete such
improvements within the time required by the Land Development Code, Collier County, may call
upon the subdivision performance security to insure satisfactory completion of the required
improvements.
4. The required improvements shall not be considered complete until a statement of substantial
completion by Developer's engineer along with the final project records have been furnished to be
reviewed and approved by the County Manager or his designee for compliance with the Collier
County Land Development Code.
Page 1 of 3
16A1
5. The County Manager or his designee shall,within sixty(60) days of receipt of the
statement of substantial completion, either: a) notify the Developer in writing of his preliminary
approval of the improvements; or b) notify the Developer in writing of his refusal to approve
improvements, therewith specifying those conditions which the Developer must fulfill in order to
obtain the County Manager's approval of the improvements. However, in no event shall the
County Manager or his designee refuse preliminary approval of the improvements if they are in
fact constructed and submitted for approval in accordance with the requirements of this
Agreement.
6. The Developer shall maintain all required improvements for a minimum period of
one year after preliminary approval by the County Manager or his designee. After the one year
maintenance period by the Developer has terminated, the Developer shall petition the County
Manager or his designee to inspect the required improvements. The County Manager or his
designee shall inspect the improvements and, if found to be still in compliance with the Collier
County Land Development Code as reflected by final approval by the Board, the Board shall
release the remaining 10% of the subdivision performance security. The Developer's
responsibility for maintenance of the required improvements shall continue unless or until the
Board accepts maintenance responsibility for and by the County.
7. Six (6) months after the execution of this Agreement and once within every six
(6) months thereafter the Developer may request the County Manager or his designee to reduce
the dollar amount of the subdivision performance security on the basis of work complete. Each
request for a reduction in the dollar amount of the subdivision performance security shall be
accompanied by a statement of substantial completion by the Developer's engineer together with
the project records necessary for review by the County Manager or his designee. The County
Manager or his designee may grant the request for a reduction in the amount of the subdivision
performance security for the improvements completed as of the date of the request.
8. In the event the Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Manager or his designee may call upon
the subdivision performance security to secure satisfactory completion, repair and maintenance
of the required improvements. The Board shall have the right to construct and maintain, or cause
to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of
bids, the improvements required herein. The Developer, as principal under the subdivision
Page 2 of 3
l6At
performance security, shall be liable to pay and to indemnify the Board, upon completion of such
construction, the final total cost to the Board thereof, including, but not limited to, engineering,
legal and contingent costs, together with any damages, either direct or consequential, which the
Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this
Agreement.
9. All of the terms, covenants and conditions herein contained are and shall be
binding upon the Developer and the respective successors and assigns of the Developer.
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to
be executed by their duly authorized representatives this I B'4'ciay of July 2013.
SIGNED IN THE PRESENCE OF: BESSETTE PROPERTIES, LLC
By: tar SIV
Prin�e: ,srwDana Bessette, President
aA/Trit4 t•-•67141.c4-- -
Print Name: flit thaft. CNJ44
ATTEST:, ° BOARD •F COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COL IE' C 1 UNTY', FLORIDA
` i
4CEy: ii A_
airman'$, Deputy Clerk
signature only. GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
This item has been approved as to form and legality
.I v ` ,t ,
Emily R. Pe•in
Assistant County Attorney
Approved Form—JAK—February 2006
Page 3 of 3
16A1
VERIFY THE AUTHENTICITY OF THIS MULTI-TONE SECURITY DOCUMENT. CHECK BACKGROUND AREA CHANGES COLOR GRADUALLY FROM TOP TO BOTTOM.
73.1 T�
42A 21 900 .18
.. CA$HI E1R'SS CHECK July 24, 2013
FIFTH '�'��#I3 BAt�tc "
Pay to the
Order of "'.*BQARD OF COUNTY'COMMISSIONERS $******120,296.00
Amount: ONE HUNDRED TWENTY/THOUSAND.TWO HUIVRED NINETY SIX 00/100 US DOLLARS
Drawn on: Fifth Third Bank, Kentucky, Inc Transaction Number: 576210067
Lexington, KY Cost Center: 1287
Memo:
Purchased by: BESSETTE PROPERTIES LLC 0/(0_- �} y
The purchase of a Surety Bond may be required before any Cashier's Check on this l .Q 1)O J
bank will be replaced or refunded in the event it is lost,misplaced,or stolen. Authorized Signature
THE ORIGINAL DOCUMENT HAS A WHITE REFLECTIVE WATERMARK ON THE BACK. HOLD AT AN ANGLE TO SEE THE MARK WHEN CHECKING THE ENDORSEMENTS.
C.„
16A1
Growth Management Division
Collier County 2800 Horseshoe Drive N.
Naples, FL
34104
239-252-2400
RECEIPT OF PAYMENT
Receipt Number: 2013127911
Transaction Number: 2013-030794
Date Paid: 07/31/2013
Amount Due: $120,296.00
Payment Details: Payment Method Amount Paid Check Number
Check $120,296.00 21900218
Amount Paid: $120,296.00
Change / Overage: $0.00
Contact: BESSETTE PROPERTIES LLC
19731 MARINO LAKES CIR # 901
MIROMAR , FL 33913
FEE DETAILS:
Fee Description Reference Number Original Amount GL Account
Fee Paid
Refundable Bonds PL20130001551 $120,296.00 $120,296.0 670-000000-220113
0
Cashier Name: LeaDerence
Batch Number: 3273
Entered By: hughes_j
.16A1
1 3.L _31 L K u r J "LONE SECURITY DOCUMENT. CHECK
4 BACKGROU_NAREA CHANGES COLOR GRADUALLY FROM TOP TO BOT
T
OM
. y ( r ".
;. x i / 21 9®O 1 4 421
i /
CASHIER'S CHECK >\ ,July 24, 201
P #her' �"!'
Order of. 'BOfAtiD OF COUNTY COMMISSIONERS $* ****120,296.00
Amount: PtilE b.13 ED TWENTY THOUSAND TWO HUAVRED NINETY SIX 00/100 us DOLLARS
Drawn;bn s'Pifth`ThirdBank,Kentucky, Inc Transaction Number: 576210067
Lexington,KY Cost Center: 1287
Memo:
Purchased by: BESSETTE PROPERTIES LLC
The purchase of a Surety Bond may be required before any Cashier's Check on this
bank will be replaced or refunded in the event it is lost,misplaced,or stolen. Aut orized Signa ure 41())j
THE ORIGINAL OODOMENMAVAWRITEREFLECTIVE WATERMARK ON THE BACK. HOLD AT AN ANGLE TO SEE THE MARK WHEN CHECKING THE ENDORSEMENTS.
l6Al
BESSETTE PROPERTIES, LLC
July 24, 2013
John R. Houldsworth
Senior Site Plans Reviewer
2800 N Horseshoe Drive
Naples, FL. 34104
Collier County Growth Management
Re: Turnbury Preserve
Dear Mr. Houldsworth,
We are enclosing the following documents:
1. Original cost estimate by McAiily Engineering February 2007, and confirmed July 24, 2013
2. Estimated cost to complete prepared by McAnly Engineering, Inc., and approved by South Florida
Excavation
3. A CD of the Plat geometry
4. Cashier's check in the amount of $120,296.00 for the following:
DESCRIPTION AMOUNT
A. 1096 OF ORIGINAL COST ESTIMATE ($298,858.71 X 1096) 29,896
B. 100% OF COST TO COMPLETE 90,400
TOTAL 120,296
Please advise if we may provide any additional information or clarification.
Sincerely,
Duna Bessette
19731 MARINO LAKE CIRCLE#901
FT.MYERS,FL 33913
239-437-5201 PHONE
239-437-5208 FAX
McANLY ENGINEERING 16 A 1
_ AND DESIGN INC.
CIVIL ENGINEERING STRUCTURAL ENGINEERING LAND SURVEYING
ESTIMATED COST TO COMPLETE
7/2412013
TO Bessette Properties,LLC
19371 Marino Lakes Drive
Ft.Myers,Florida 33913
596-9500
Project Tumberry Preserve
•
ITEM ga UNIT PRICE TOTAL PRICE
PAVING SYSTEM
1 6"Limerock Base 2,743 SY $ 6.50 $ 17,829.50
2 Prime+Sand 2,743 SY $ 0.60 $ 1,645.80
3 1.5 Type S-Ill Asphalt- 2,743 SY $ 5.12 $ 14.044.16
4 Type F Curb 918 LF $ 8.00 $ 7,344.00
5 2'Valley Gutter 1,247 LF $ 7.00 $ 8,729.00
6 6"Conc.Sidewalk 1,225 SF $ 3.10 $ 3,797.50
7 Signage 1 LS $ 1,500.00 $ 1,510.04
TOTAL ROAD WORK: $ 54,900.00
LANDSCAPING
1 Magnolia 4 EA $ 230.00 $ 920.00
2 Mahogany 46 EA $ 230.00 $ 10,580.00
3 Irrigation 1 LS $ 10,000.00 $ 10,000.00
TOTAL LANDSCAPING $ 21,500.00
UGHTING
1 Street Lights 14 EA $ 1,000.00 $ 14,000.00
TOTAL UGHTING $ 14,000.00
TOTAL TO COMPLETE 1 $ 90,400.00'
Al material is guaranteed to be as specified,and the above work to be performed In accordance with the drawings and
spec/ivtlorts submitted for above work and completed in a substantial workmate manner for the sum a ($000,000.00)
r
ResOeeNuslYsubrtYtied: ` ,
SOUTH FLORIDA CAVATION,INC.
Arty wraeon or derelion from above'pueiaeons iwohing extra costs wi be executed Loco written orders.and we become an extra
over the winch.AI agreements caiped upon sines,accidents or delays beyond cur control.Owner to carry fire,tornado and oar necessary
Oman°,Won above work Wert is Co.penseden and pubic liability iraance an abase wilt to be taken out by SOUTH FLORIDA EXCAVATION
Note ltd propond may be Wdrawn by ra d not accepted vein 30 drys.
Acceptance of Proposal
The above prices,spr.4leatiore and conditions are setidadary and are hereby accepted.You are authorized to do the work
as speellfed.Payment will be made as outlined above.
Signature
Data SigneLre
Ate jw iy 1/24/2 et()
2025 J&C BOULEVARD-SUITE 5
NAPLES, FLORIDA 34109-6204
PHONE(239)593-3299 FAX(239)593-3298
I ilk McANLY ENGINEERING
_ AND DESIGN INC. 16 A 1
CIVIL ENGINEERING STRUCTURAL ENGINEERING LAND SURVEYING
TURNBURY PRESERVE
COST ESTIMATE
Feb-07
DESCRIPTION TOTAL
Sewer Collection $ 55,941.00
Water Distribution $ 45,150.00
Drainage $ 39,002.00
Paving $ 121,423.11
Clearing $ 1,942.50
Landscape $ 21,500.00
Lighting 14,000.00
TOTAL $ 298,958.61
Proposed Fees $ 10,843.76
Paid with 1st Submittal 9,728;7,6
Owed 1,115.00 ,'1
- ,(4-1
it-
I
-7/,/,v
41u/4,/
2025 J&C BOULEVARD-SUITE 5
NAPLES,FLORIDA 34109-6204
PHONE(239)593-3299 FAX(239)593-3298
1 6
CORPORATIOR SERVICE COMPAiT•
ACCOUNT NO. : I20000000195
REFERENCE : 560842 82724A
AUTHORIZATION :
COST LIMIT : $12 .
ORDER DATE : March 6, 2013
ORDER TIME : 2:56 PM
ORDER NO. 560842-005
CUSTOMER NO: 82724A
DOMESTIC FILING
NAME: BESSETTE PROPERTIES, LLC
EFFECTIVE DATE:
ARTICLES OF INCORPORATION
CERTIFICATE OF LIMITED PARTNERSHIP
XX ARTICLES OF ORGANIZATION
no • •
PLEASE RETURN THE FOLLOWING AS PROOF OF FILING: Drn m
CERTIFIED COPY >-.- min.•--»
XX PLAIN STAMPED COPY N m
CERTIFICATE OF GOOD STANDING r*'-<
n�o
T'n
CONTACT PERSON: Susie Knight - EXT. 52956 c o
EXAMINER'S INITIALS: v rev
16A1
. .
ARTICLES OF ORGANIZATION
OF
BESSETTE PROPERTIES,LLC,
A FLORIDA LIMITED LIABILITY COMPANY
The undersigned,pursuant to Section 608.407,Florida Statutes, adopts the following
Articles of Organization for such Limited Liability Company.
ARTICLE I
NAME
The name of this limited liability company is BESSETTE PROPERTIES, LLC,referred
to in these Articles of Organization as the"Company."
ARTICLE II
PRINCIPAL OFFICE,REGISTERED OFFICE AND AGENT
The principal office and mailing address of the Company is c/o Dana P. Bessctte 19731 Marino
Lake Circle #901, Miromar Lakes, FL 33913. The Company's registered agent is Michael A.
Durant, whose office is located at 2210 Vanderbilt Beach Road, Suite 1201, Naples, Florida
34109.
N
�hd
c..322.=ARTICLE.iIT X'Ri 1
�...
DURATION r
-<
The Company shall have perpetual duration. °,�
rcn
o
ARTICLE IV N
ORGANIZER
The organizer of the Company is Dana P. Bessette, who is a natural person at least
eighteen(18)years old.
ARTICLE V
PURPOSE AND POWERS
This Company is organized with a general business purpose, has all powers provided by
law and may use those powers to any lawful purpose.
•
BESSETTE PROPERTIES,LLC
Articles of Organization
Paget of 3
16A1
. ,
ARTICLE VI
MANAGEMENT
The Company is to be managed by the Members as further provided in the Company's
operating agreement. No member other than the managing Members are agents of the Company
or have the authority to make any contracts, enter into any transactions, or make any
commitments on behalf of the Company, each of whom, individually shall have that authority.
The name and address of the initial Managing Member is:
Dana P.Bessette
19731 Marino Lake Circle#901
Miromar Lakes,FL 33913
ARTICLE VII
ADMISSION OF NEW MEMBERS
The right of the Members to admit additional Members and the terms and conditions of
admissions shall be as set forth in the Company's Operating Agreement.
ARTICLE VIII
MEMBERS'RIGHT TO CONTINUE BUSINESS
Upon the death,retirement,resignation,expulsion,bankruptcy of a Member,or upon the
occurrence of any other event which terminates the continued membership of a Member in the
Company, the remaining Member(s) may elect to continue the business by the unanimous
consent of all remaining Members within ninety(90)days of such event.
ARTICLE IX
DISTRIBUTIONS
The Company may make interim distributions of property to its Members:as agreed by all
of the Members. The Company may make winding-up distributions of property to itEMembcrs
as agreed by all of the Members. r- ,'
3>73 o
n.
--4 soma
r� 3
,3D G
BESSETTE PROPERTIES,LLC k-r-n if;
Aitteles of Organization N
Page 2 of 3
•. 16.A 1.
. : .• , .. . .. . . ..
• t.
.
• LATIONSHIP OF AR CLES•OF ORGANIZATIONTO
.• - OPERATING AGREEMENT•:' • • :•:{ • ' • • ` ,••.--' • . .'. ,;'# : •• . If a provision of theseArticles-of Organization:differs from a provision'of..the Company's' • •, : . .1., operating agreement,then,-to the:extent-allowed by law,the:Operating;Agrreeitieni'will govern: ;
1 6 A I ,
- • .. .. • . .
"• • : • - : : ... • •A•• ' •:' • .... ''"'' : .. '. .,•.' 's •';.• . :•• .;'••. •••• ‘•:•••..• .••..-1'.14'::.•, ".,........:•.•,..': •■•.9i.. • • .r.,..•:.'.•
. .:.
r
I
.. .:•: :. dI ., .• : RTIFIC TE'OF DESIGNATION OF•
��: 'CE: A
• - • .... • "•"' :REGISTERED-AGENT/REGISTERED'..OFFICE' •;,••• • .•
r • • • .''s.: :1.I r:• :
• PURSUANT, :TO=•THE PROVISIONS OF.�SECTION. 608.415••ror ,60$:507;'.'FLORIDA„ :, ,'
:; .STATUTES;:•THE UNDERSIGNED ..:LIMITED•LIABILITY':COMPANY;.SUBMITS,:THE' ':;•
• 'FOLLOWING..''STATEMENT IN. DESIGNATING ' THE REGISTERED •: OFFICE:::/••_:'i ";.;
•
REGISTERED,'AGENT,IN•THE STATE OF:FLORIDA.. • " .• • • ' •
1. ••The name of the limited liability company is::BESSETTE PROPERTIES,LLC. : " " ''
• •
• • • • •2. The name and address of the,registelred;agent and office is •• •'
•
•
• • .' • . Michael A:Durant• ' , • ' , • .•- • • • .. . Conroy,Conroy,'Durant&Rudnick,PA..- ' ' ' .:,• • ,
'2210 Vanderbilt Beach Road,Suite 1201 • . ' • •
, . •Naples, Florida 34109 . +;••: ', : Having.been named as registered agent and'to accept service of process.for'the above stated' •
:
I.. •. : : limited liability:.company,at:the.place:•designated.,in ,this certificate;•'I,hereby'accept: the ' ' •
• • appointment as registered agent and agree to act in'this.capacity:I further"agree to comply'with . • •
• • • 2 • the provisions of all statutes relating to the proper,and complete performance of my duties, and I• '• ••
•' am familiar with accept'the•obligations of my position as registered agent ' • '• •` March ZQ 13�w• . (Signature).• • . . n• D.7s ��
•• t..gym .. � . ... .
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. • •_ ,
BESSETTE PROPERTIES,LLC ,
• • • ' •_• Articles of Orpaniattion .
• '. 'Acceptance y!Wattled Agt •
1b. A 1
. .
, I 36666355f a.,
(Requestor's Name)
flUIHIHNIH III
•
' (Address)
800244452908
(Address)
(City/State/Zip/Phone#)
0 PICK-UP WAIT El MAIL
(Business Entity Name)
(Document Number)
ti rD
rn
Certified Copies Certificates of Status
r �l'1
cr. .-r r;
Special Instructions to Filing Officer c-..,
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ORIGINAL DOCUMENTS CHECKLIST & ROU'lING'ILU A
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SltNT 'PI- 0 "
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
exceotion of the Chairman's signature, draw a line throul!h routinl! lines #1 throul!h #4, comolete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1. Michelle Arnold Code Enforcement ( .tAft1 2/14/07
2. Jeff Wright County Attorney J,
3. Joe Schmitt CDES k
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.
Name of Primary Staff Michelle Arnold
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Phone Number
~:J..7 07
Satisfaction of Lien
Agenda Item Number
403-2413
16
25
Yes
(Initial)
MEA
N/A (Not
A licable)
Number of Original
Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on ~7. (enter date) and all changes
made during the meeting have been incorporate in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
N/A
MEA
MEA
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
2.
3.
4.
5.
6.
This instrument prepared by:
Jeff Wright, Assistant County Attorney
Collier County Attorney's Office
2800 North Horseshoe Drive
Naples, FL 34104
(239) 213-2939
*** 3980893 OR: 4190 PG: 3553 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
03/02/2007 at 08:34AM DWIGHT B. BROCK, CLBRK
RBC FBB 10.00
COPIBS 1.00
16A 2
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BXT 8406
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by an Order executed by the Special Master against:
Boris Felipe and Dunaisy Portal
2940 22nd Avenue N.E.
Naples, Florida 34120
The lien was recorded on June 5, 2003, Official Record Book 4049 Page
1833, in the Official Records of Collier County, State of Florida. The lien
secures the principal sum of four hundred fifteen dollars and thirty cents,
plus accrued interest and penalties, if any, and imposes certain
obligations against real property situated in Collier County, Florida.
Cost: $500.00
Reference: OSM 2006011110
Folio: 40301560005
Collier County, a political subdivision of the State of Florida, by execution of this Release
and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and
hereby cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction
of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien
ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman directs execution and recording of this Release and
Satisfaction of Lien, by action of the Board on this ~ 7 day of
--:;.~ ,2007.
ATTEST
DWIGHT E: BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
. 119R.t.....
Approved as to form and legal sufficiency
~/
By: / '~
J S COLETTA, Chairman
r
nt County Attorney
This instrument prepared by:
Jeff Wright, Assistant County Attorney
Collier County Attorney's Office
2800 North Horseshoe Drive
Naples, FL 34104
(239) 213-2939
*** 3980894 OR: 4190 PG: 3554 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
03/02/2007 at 08:34AM DWIGHT B. BROCK, CLBRK
RBC FBB 10.00
COPIBS 1.00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BXT 8406
16A 2
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by an Order executed by the Special Master against:
Rene and Norma Ortiz
5454 Sholtz Street
Naples, FL 34113
The lien was recorded on July 21, 2006, Official Record Book 4076 Page
0672, in the Official Records of Collier County, State of Florida. The lien
secures the principal sum of one hundred sixty two dollars and eighty-five
cents, plus accrued interest and penalties, if any, and imposes certain
obligations against real property situated in Collier County, Florida.
Cost: $162.85
Reference: OSM 2006040920
Folio: 62206720009
Collier County, a political subdivision of the State of Florida, by execution of this Release
and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and
hereby cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction
of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien
ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman directs execution and recording of this Release and
Satisfaction of Lien, by action of the Board on this ~ I day of
-;}.~ ,2007.
ATTEST
DWIGHT'E BROCK. Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By lliw. ~O(.
Attest II .. uty Clerk
,1 Qf\ltwrt ·
Approved as to form and legal sufficiency
.
By ~ifU-
JA~S CO - - ., air an
Jeff i t
Assist t County Attorney
This instrument prepared by:
Jeff Wright, Assistant County Attorney
Collier County Attorney's Office
2800 North Horseshoe Drive
Naples, FL 34104
(239) 213-2939
*** 3980895 OR: 4190 PG: 3555 ***
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
03/02/2007 at 08:34AM DWIGHT Eo BROCK, CLBRK
RBC FBB 10.00
COPIBS 1.00
16A 2
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BlT 8406
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by an Order executed by the Special Master against:
Arthur Moore
9840 Luna Circle, E-102
Naples, FL 34109
The lien was recorded on May 8, 2006, Official Record Book 4032 Page
1126, in the Official Records of Collier County, State of Florida. The lien
secures the principal sum of one thousand one hundred fifty-seven
dollars and fourteen cents, plus accrued interest and penalties, if any, and
imposes certain obligations against real property situated in Collier
County, Florida.
Cost: $1,157.14
Reference: OSM 2006030409
Folio: 68340880003
Collier County, a political subdivision of the State of Florida, by execution of this Release
and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and
hereby cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction
of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien
ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman directs execution and recording of this Release and
Satisfaction of Lien, by action of the Board on this :2"1 day of
1~ ,2007.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~~ 1(lr~'J..a(.
, Attest" t Ch, ~p~ty Clerk
APp~6\1'c:f~n PcPrh; and legal sufficiency
,) ~.
. -
,/" / '
By ~~---1#
JA~S COLETTA, Chairman
This instrument prepared by:
Jeff Wright, Assistant County Attorney
Collier County Attorney's Office
2800 North Horseshoe Drive
Naples, FL 34104
(239) 213-2939
*** 3980896 OR: 4190 PG: 3556 ***
RECORDED in OFFICIAL RECORDS of COLLIBR COUNTY, FL
03/02/2001 at 08:34AM DWIGHT B. BROCK, CLBRK
RBC FRE 10,00
COPIBS 1.00
Retn:
CLBRK TO THB BOARD
INTBROFFICE 4TH FLOOR
I
EXT 8406
16A 2
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by an Order executed by the Special Master against:
Francisco & Elizabeth Lovos
5377 Catts Street
Naples, FL 34113
The lien was recorded on May 8, 2006, Official Record Book 4032 Page
1130, in the Official Records of Collier County, State of Florida. The lien
secures the principal sum of six hundred sixty two dollars and eighty-five
cents, plus accrued interest and penalties, if any, and imposes certain
obligations against real property situated in Collier County, Florida.
Cost: $662.85
Reference: OSM 2006030658
Folio: 62094920008
Collier County, a political subdivision of the State of Florida, by execution of this Release
and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and
hereby cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction
of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien
ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman directs execution and recording of this Release and
Satisfaction of Lien, by action of the Board on this ,;( 7 day of
1~ ,2007.
ATTEST ,
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By ~~LfrOC.
Attest ..~ to h.t e~uty Clerk
AP~r~~~o~M, and legal sufficiency
By:
JA
ig
ant County Attorney
This instrument prepared by:
Jeff Wright, Assistant County Attorney
Collier County Attorney's Office
2800 North Horseshoe Drive
Naples, FL 34104
(239) 213-2939
*** 3980897 OR: 4190 PG: 3557 ***
RBCORDBD in OPPICIAL RBCORDS of COLLIBR COUNTY, PL
03/02/2007 at 08:34AM DWIGHT B. BROCK, CLBRK
RBC PBB 10.00
COPIBS 1.00
Retn:
CLBRK TO THB BOARD
INTBROPPICB 4TH PLOOR
BIT 8406
16A 2
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by an Order executed by the Special Master against:
Rogelio and Norma Chiong
3377 Poinsettia Ave
Naples, FL 34104
The lien was recorded on June 27,2006, Official Record Book 4061 Page
3809, in the Official Records of Collier County, State of Florida. The lien
secures the principal sum of one hundred thirty five dollars and thirty
cents plus accrued interest and penalties, if any, and imposes certain
obligations against real property situated in Collier County, Florida, which
property is described as follows:
Cost: $135.30 Reference: OSM: 2006050761 Folio: 63501080003
Collier County, a political subdivision of the State of Florida, by execution of this Release
and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and
hereby cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction
of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien
ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this Release and
Satisfaction of Lien, by action of the Board on this :2.7 day of
-:t ~ ,2007.
ATTEST
DWIGHT E. BROOK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: 1.).w..A. . ~ oC.
. Attest", t Chit 8u~y Clerk
Appr~fJM\land legal sufficiency
,
By ~.~ -4~
Ja~hairman
This instrument prepared by:
Jeff Wright, Assistant County Attorney
Collier County Attorney's Office
2800 North Horseshoe Drive
Naples, FL 34104
(239) 213-2939
*** 3980898 OR: 4190 PG: 3558 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
03/02/2007 at 08:34AK DWIGHT Bo BROCK, CLBRK
RBC FEB 10.00
COPIBS 1.00
Retn:
CLBRK TO THB BOARD ,
INTBROFFICB 4TH FLOOR
BIT 8406
16A 2
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by an Order executed by the Special Master against:
Heriberto Perez
P.O. Box 684
Marco Island, FI 34146
The lien was recorded on April 24, 2006, Official Record Book 4023 Page
0857, in the Official Records of Collier County, State of Florida. The lien
secures the principal sum of one hundred seventy dollars and ninety
seven cents, plus accrued interest and penalties, if any, and imposes
certain obligations against real property situated in Collier County,
Florida, which property is described as follows:
Cost: $170.97
Reference: OSM 2006010714
Folio: 77213360007
Collier County, a political subdivision of the State of Florida, by execution of this Release
and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and
hereby cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction
of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien
ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this Release and
Satisfaction of Lien, by action of the Board on this ~ 7 day of
1~ ,2007.
ATTEST
DWIGHT E.' BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Bydluo' . ~~~C
. Att,eJt '" , ". y lerk
S1gaat...... Qftl.
Approved as to form and legal sufficiency
.c' ..~
// ~
/ '
By:
Jam~~an
This instrument prepared by:
Jeff Wright, Assistant County Attorney
Collier County Attorney's Office
2800 North Horseshoe Drive
Naples, FL 34104
(239) 213-2939
*** 3980899 OR: 4190 PG: 3559 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
03/02/2007 at 08:34AK D~IGHT Bo BROCK, CLBRK
RBC PBB 10.00
COPIBS 1.00
Retn:
CLBRK TO THB BOARD
INTBROPFICB 4TH FLOOR
BXT 8406 '
16A 2
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by an Order executed by the Special Master against:
Francis Oscar Olson, IV
6041 Hollow Drive
Naples, FI 34112
The lien was recorded on April 19, 2005, Official Record Book 3777 Page
4128, in the Official Records of Collier County, State of Florida. The lien
secures the principal sum of eight hundred sixty-seven dollars and sixty-
six cents, plus accrued interest and penalties, if any, and imposes certain
obligations against real property situated in Collier County, Florida.
Cost: $867.66
Reference: CO# 2004120853
Folio: 68843120008
Collier County, a political subdivision of the State of Florida, by execution of this Release
and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and
hereby cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction
of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien
ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman directs execution and recording of this Release and
Satisfaction of Lien, by action of the Board on this ;).1 day of
.3--4v~ ~,2007.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By fu.Lu.. ~O.(.
Ch Deputy Clerk
Attest". . raa~ ~
AppnJ.w~fcSM'rl ~nd legal sufficiency
By:
JAM
This instrument prepared by:
Jeff Wright, Assistant County Attorney
Collier County Attorney's Office
2800 North Horseshoe Drive
Naples, FL 34104
(239) 213-2939
*** 3980900 OR: 4190 PG: 3560 ***
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
03/02/2007 at 08:34AM DWIGHT B. BROCK, CLERK
RBC FEB 10.00
COPIBS 1.00
Retn:
CLERK TO THE BOARD 16 A 2
INTBROFFICB 4TH FLOOR .
EXT 8406 :
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by an Order executed by the Special Master against:
Lyjac Properties, LLC
1661 Trade Center Way Bldg 1
Naples, FL 34109
The lien was recorded on January 6, 2006, Official Record Book 3961
Page 0786, in the Official Records of Collier County, State of Florida. The
lien secures the principal sum of one thousand thirty-seven dollars and
ninety-five cents, plus accrued interest and penalties, if any, and imposes
certain obligations against real property situated in Collier County, Florida.
Cost: $1,037.95 Reference: OSM2005061074
Folio: 00270560008
Collier County, a political subdivision of the State of Florida, by execution of this
Release and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien
and hereby cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction
of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien
ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman directs execution and recording of this Release and
Satisfaction of Lien, by action of the Board on this ;).1 day of
1-~ ,2007.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E; B'~OCK.. Clerk COLLIER COUNTY, FLORIDA
By: .fr.U.A ...~J.- QC. By: ~~
~. A~" . o~n_u\y Clerk JAM COLETTA, Chairman
'1",.t~.Otll.
This instrument prepared by:
Jeff Wright, Assistant County Attorney
Collier County Attorney's Office
2800 North Horseshoe Drive
Naples, FL 34104
(239) 213-2939
*** 3980901 OR: 4190 PG: 3561 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
03/02/2007 at 08:34AM DWIGHT B. BROCK, CLBRK
RBC PBB 10,00
COPIBS 1. 00
Retn: ).
CLBRK TO THB BOARD
INTBROPPICB 4TH FLOOR' 6 A 2
BIT 8406
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by an Order executed by the Special Master against:
Homere and Janise Hyppolite
4843 Devon Circle
Naples, FL 34112
The lien was recorded on December 8, 2005, Official Record Book 3944
Page 0246, in the Official Records of Collier County, State of Florida.
The lien secures the principal sum of one hundred sixty-three dollars and
forty-seven cents, plus accrued interest and penalties, if any, and
imposes certain obligations against real property situated in Collier
County, Florida.
Cost: $163.47
Reference: OSM 2005080077 Folio: 48730280000
Collier County, a political subdivision of the State of Florida, by execution of this Release
and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and
hereby cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction
of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien
ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman directs execution and recording of this Release and
Satisfaction of Lien, by action of the Board on this ;;(7 day of
q.~ ,2007.
r
ATTEST
DWIGHT E. BRO'CK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ili.iU_ ~O(.
Attest IS . Ch ptlty Clerk
li..t.... Oft 1 ·
Approved as to form and legal sufficiency
,
~I
By ~
JA S C~~E~~. Chairman
This instrument prepared by:
Jeff Wright, Assistant County Attorney
Collier County Attorney's Office
2800 North Horseshoe Drive
Naples, FL 34104
(239) 213-2939
*** 3980902 OR: 4190 PG: 3562 ***
RECORDED in OFFICIAL RECORDS of COLLIER COUH'Y, FL
03/02/2007 at 08:34AM DWIGHT E. BROCK, CLERK
REC FEE 10.00
COPIES 1.00
Retn: ~
CLERK TO THE BOARD
IHTBRO!PICB 4TH FlOOR 1 6 A 2
EXT 8406
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by an Order executed by the Special Master against:
Homere and Janise Hyppolite
4843 Devon Circle
Naples, FL 34112
The lien was recorded on October 17, 2005, Official Record Book 3912
Page 3641, in the Official Records of Collier County, State of Florida.
The lien secures the principal sum of one hundred seventy dollars and
seventy-three cents, plus accrued interest and penalties, if any, and
imposes certain obligations against real property situated in Collier
County, Florida.
Cost: $170.73
Reference: OSM 2005070086 Folio: 48730280000
Collier County, a political subdivision of the State of Florida, by execution of this Release
and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and
hereby cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction
of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien
ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman directs execution and recording of this Release and
Satisfaction of Lien, by action of the Board on this ~ 7 day of
J. ~. ~ 1" ' 2007
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: (
Attest Ie Ch eputy Clerk
., .,,1 s
S19Alf1re DIll. . .
Approved:as'to TOTm and legal suffiCiency
,
By ~~N
JAMES COLETTA, Chairman
This instrument prepared by:
Jeff Wright, Assistant County Attorney
Collier County Attorney's Office
2800 North Horseshoe Drive
Naples, FL 34104
(239) 213-2939
*** 3980903 OR: 4190 PG: 3563 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
03/02/2007 at 08:34AM DWIGHT B. BROCK, CLBRK
RBC FBB 10.00
COPIBS 1.00
16A 2
Retn:
CLBRK TO THB BOARD
INTEROFFICB 4TH FLOOR!
EIT 8406
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by an Order executed by the Special Master against:
Diane Myers
5143 Kristin Court
Naples, FL 34105
The lien was recorded on June 5, 2006, Official Record Book 4049 Page
1826, in the Official Records of Collier County, State of Florida. The lien
secures the principal sum of one hundred sixty-six dollars and fifty six
cents plus accrued interest and penalties, if any, and imposes certain
obligations against real property situated in Collier County, Florida.
Cost: $166.56
Reference: OSM 2006020696
Collier County, a political subdivision of the State of Florida, by execution of this Release
and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and
hereby cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction
of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien
ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman directs execution and recording of this Release and
Satisfaction of Lien, by action of the Board on this 0< 7 day of
~ ~ ~ r-' 2007.
ATTEST
DWIGHT E. BROCK, Clerk
By:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By~m
J ES COLETTA, Chairman
This instrument prepared by:
Jeff Wright, Assistant County Attorney
Collier County Attorney's Office
2800 North Horseshoe Drive
Naples, FL 34104
(239) 213-2939
*** 3980904 OR: 4190 PG: 3564 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
03/02/2007 at 08:34AM DWIGHT B. BROCK, CLBRK
RBC FBB
COPIBS
Retn: t
CLBRK TO THB BOARD . 16 A
INTBROFFICB 4TH iFLOOR
BXT 8406
10,00
1. 00
2
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by an Order executed by the Special Master against:
Gesner and Rosianne Saintil
1701 46th St. SW
Naples, FI 34116
The lien was recorded on February 24, 2006, Official Record Book 3988
Page 0979, in the Official Records of Collier County, State of Florida.
The lien secures the principal sum of one hundred seventy-three dollars
and ninety-nine cents plus accrued interest and penalties, if any, and
imposes certain obligations against real property situated in Collier
County, Florida.
Cost: $173.99
Reference: OSM 2005100660
Collier County, a political subdivision of the State of Florida, by execution of this Release
and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and
hereby cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction
of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien
ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman directs execution and recording of this Release and
Satisfaction of Lien, by action of the Board on this ;Z 7 day of
.2 ~ ~ -cr--' 2007.
ATTEST
DWIGHT E. BROCK,Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~
By ~/__~-
JA ES COLETTA, Chairman
By; (Uu..L ~ A( .
Attest ".. to. .n4 ty Clerk
S1t1it1n .1~
Approved as to form and legal sufficiency
,
This instrument prepared by:
Jeff Wright, Assistant County Attorney
Collier County Attorney's Office
2800 North Horseshoe Drive
Naples, FL 34104
(239) 213-2939
*** 3980905 OR: 4190 PG: 3565 ***
RBCORDBD in OPPICIAL RBCORDS of COLLIBR COUNTY, PL
03/02/2007 at 08:34AM DWIGHT B. BROCK, CLBRK
RRC PRB 10.00
COPIBS 1.00
16A
.. ~
Retn:
CLBRK TO THB BOARD I
INTBROPPICB 4TH FLOOR
BXT 8406
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by an Order executed by the Special Master against:
Michael D. and Catherine M. Russell
4862 Catalina Dr.
Naples, FI 34112
The lien was recorded on June 5, 2006, Official Record Book 4049 Page
1845, in the Official Records of Collier County, State of Florida. The lien
secures the principal sum of One hundred eighty-eight dollars and sixty-
six cents, plus accrued interest and penalties, if any, and imposes certain
obligations against real property situated in Collier County, Florida.
Cost: $188.66
Reference: OSM 2006033667
Collier County, a political subdivision of the State of Florida, by execution of this Release
and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and
hereby cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction
of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien
ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman directs execution and recording of this Release and
Satisfaction of Lien, by action of the Board on this d 7 day of
:f ~ .. ~ ~(J- ,2007.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:.(}.uu ~ 0(,
Attest II t Chi L4Y Clerk
APpr~f1\"fc,tf~~ ~nd legal sufficiency
\
By ~(u~
J~S . -.. al an
This instrument prepared by:
Jeff Wright, Assistant County Attorney
Collier County Attorney's Office
2800 North Horseshoe Drive
Naples, FL 34104
(239) 213-2939
*** 3980906 OR: 4190 PG: 3566 ***
RBCORDBD in OPPICIAL RBCORDS of COLLIBR COUNTY, PL
03/02/2007 at 08:34AM DWIGHT B. BROCK, CLBRK
RBC FBB 10.00
COPIBS 1.00
Retn:
CLBRK TO THB BOARD 1 6 A 2
INTBROFFICB 4TH FLOOR .... .
EXT 8406 I
RELEASE AND SATISFACTION OF LIENS
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of
certain liens by an Orders executed by the Special Master against:
Antone C. and Amy R. Mendez
2256 Tamiami Trail E.
Naples, FL 34112
The liens were recorded on October 17, 2005, Official Record Book 3912
Pages 3627 and 3628, in the Official Records of Collier County, State of
Florida. The liens secure the principal sum of four hundred dollars, plus
accrued interest and penalties, if any, and impose certain obligations
against real property situated in Collier County, Florida.
Cost: $400.00
Reference: OSM 2005050709, OSM 2005050710
Collier County, a political subdivision of the State of Florida, by execution of this Release
and Satisfaction of Liens, acknowledges payment as full satisfaction of the liens and
hereby cancels said liens.
The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction
of Liens in the Official Records of Collier County, Florida, to acknowledge that the liens
cease to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman directs execution and recording of this Release and
Satisfaction of Liens, by action of the Board on this ~ 7 day of
1-~, 2007.
ATTEST
DWIGHT E. BROCK, Clerk
. , ,. i
f.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: /J ~
J~7{f;, Chairman
By: ~ AL.u.x~.o (.
Attest .4Jtod1i~yClerk
I...turt 011-
Approved '8s to form and legal sufficiency
ig
ant County Attorney
This instrument prepared by:
Jeff Wright, Assistant County Attorney
Collier County Attorney's Office
2800 North Horseshoe Drive
Naples, FL 34104
(239) 213-2939
*** 3980907 OR: 4190 PG: 3567 ***
RBCORDBD in OPPICIAL RBCORDS of COLLIBR COUNTY, PL
03/02/2007 at 08:34AM DWIGHT B. BROCK, CLBRK
RBC PBB 10.00
COPIBS 1.00
Retn: ~
CLBRK TO THB BOARD 1
INTBROPPICB 4TH, FLOOR .
BXT 8406
6A
2 ;..
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by an Order executed by the Special Master against:
Stephen and Anita Anthony
2280 Della Drive
Naples, Florida
The lien was recorded on December 3, 2004, Official Record Book 3689
Page 2606, in the Official Records of Collier County, State of Florida.
The lien secures the principal sum of two thousand five hundred eight
dollars and seven cents, plus accrued interest and penalties, if any, and
imposes certain obligations against real property situated in Collier
County, Florida.
Cost: $2,508.07
Reference: CO# 2004070200
Collier County, a political subdivision of the State of Florida, by execution of this Release
and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and
hereby cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction
of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien
ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman directs execution and recording of this Release and
Satisfaction of Lien, by action of the Board on this ~ 7 day of
-2 ~~' 2007.
ATTEST .' ~..
DWIGHT E.;BROCK:/C'erk
r",
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:~N
JA ES COLETTA, Chairman
. - / '" ~ " ,
.
By: ~~I.=.:1 ~ Ot.
Attest "IS.' . . ~ Clerk
S 19R1t"" ll!'
Approved' as to form and legal sufficiency
This instrument prepared by:
Jeff E. Wright
Assistant County Attorney
2800 North Horseshoe Drive, Ste 301
Naples, FL 34104
(239) 213-2939
*** 3980908 OR: 4190 PG: 3568 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
03/02{2007 at 08:34AM DWIGHT B. BROCK, CLBRK
RBC FBB 10.00
COPIBS 1.00
Retn:
CLBRK TO THB BOARD 1 6 A 2
INTBROFFICB 4TH FLOOR .
BXT 8406
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by an Order executed by the Special Master against:
Boris Felipe and Dunaisy Portal
2940 22nd Ave N E
Naples, FL 34120
The lien was recorded on June 5, 2006, Official Record Book 4049 Page
1835, in the Official Records of Collier County, State of Florida. The lien
secures the principal sum of eight hundred four dollars and fifty-five cents,
plus accrued interest and penalties, if any, and imposes certain
obligations against real property situated in Collier County, Florida.
Cost: $804.55
Reference: OSM 2005030205
Collier County, a political subdivision of the State of Florida, by execution of this Release
and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and
hereby cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction
of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien
ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this Release and
S~sfaction of Lien, by action of the Board on this ~ 7 day of
~ ,2007.
''';''",
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~~
JAM S COLETTA, Chairman
ATTEST. !,j (r,
DWIGHT E. BR'dct,(, Clerk
, . .
ey:~~~oc
Attest ., tp'::' (" ~uty Clerk
$1onat,," Of(1 ~ . .
Approve.d as to form and legal suffiCiency
This instrument prepared by:
Jeff E. Wright
Assistant County Attorney
2800 North Horseshoe Drive, Ste 301
Naples, FL 34104
(239) 213-2939
*** 3980909 OR: 4190 PG: 3569 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
03/02/2007 at 08:34AM DWIGHT B, BROCK, CLBRK
RBC FBB 10,00
COPIBS 1,00
Retn:
CURK TO THB BOARD 1... 6 A 2
INTBROFFICB 4TH 1~OOR
BXT 8406
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by an Order executed by the Special Master against:
Cora Sneibrun
160 Wilson Blvd S.
Naples, FL 34117
The lien was recorded on June 3, 2005, Official Record Book 3837 Page
0561 in the Official Records of Collier County, State of Florida. The lien
secures the principal sum of one hundred forty-eight dollars and thirty-
three cents, plus accrued interest and penalties, if any, and imposes
certain obligations against real property situated in Collier County,
Florida.
Total Cost: $4,398.33
Reference: OSM 2005010468
Collier County, a political subdivision of the State of Florida, by execution of this Release
and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and
hereby cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction
of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien
ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this Release and
Satisfaction of Lien, by action of the Board on this ~ 7 day of
--::t~~ ,2007.
0-
ATTEST
DWIGHT E. BROCK, Cl~rk
: I
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORID
/)
By:UIJ.ui. to~C~/ -
Attest as,. .' . .
Apprc:Mfl'A~~oWhland legal sufficiency
By:
JAM
This instrument prepared by:
Jeff E. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 301
Naples, Florida 34112
(239) 213-2939
*** 3980910 OR: 4190 PG: 3570 ***
RBCORDBD in OPPICIAL RBCORDS of COLLIBR COUNTY, PL
03/02/2007 at 08:34AM DWIGHT E. BROCK, CLBRK
RBC PBB 10.00
COPIES 1.00
Retn:
CLBRK TO THB BOARD
INTBROPPICB 4TH PLOOR
BXT 8406
16A 2
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Code Enforcement Board
Order dated March 7, 2005, a certified copy of which was recorded in O.R. Book 3777
Page 4124, on April 19, 2005, of the Public Records of Collier County, Florida, against
the following described real property, and all other real and personal property located in
Collier County, owned by Jairo Laverde and Rosa Quinones, has been discharged in full.
The real property located at 1006 Fountian Run, Naples, Florida, more
specifically described in the deed recorded in Official Record Book 4101,
Page 1537, of the Public Records of Collier County.
Folio No. 33160003189
Cost: $147.58
Reference: OSM Case No: 2004100006
The undersigned is authorized to and does hereby release this lien as to the whole
of the above-described real property, and all other real and personal property owned by,
Jairo Laverde and Rosa Quinones and consents to this lien being discharged of record.
Dated this ~ I day of :f- ~- · f
,2007.
. :.:)
ATTEST:
DWIGHT E. BROCK, Clerk
, . '. i ';( I" .'.
. ,
J.
BOARD OF COUNTY COMMISSIONERS
COUJER C~/p~ FLyunA .
/:-~
By: (L-
JAMES COLETTA, CHAIRMAN
By: J\.,,*~~ Q(
Attest d . to ., ..t uty Clerk
,1 QMt," Of'l-
Approved as to form and
legal sufficiency:
This instrument prepared by:
Jeff E. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 301
Naples, Florida 34112
(239) 213-2939
*** 3980911 OR: 4190 PG: 3571 ***
RBCORDBD in OPFICIAL RBCORDS of COLLIBR COUNTY, PL
03/02/2007 at 08:34AM DWIGHT B. BROCK, CLBRK
RBC FEB 10.00
COPIES 1.00
16A 2
Retn:
CLBRK TO THB BOARD
INTBROPFICB 4TH PLOOR
BIT 8406
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Code Enforcement Board
Order dated May 6, 2005, a certified copy of which was recorded in O.R. Book 3797
Page 3857, on May 13, 2005, of the Public Records of Collier County, Florida, against
the following described real property, and all other real and personal property located in
Collier County, owned by Martha Hetzel, has been discharged in full.
The real property located at 4341 22nd Place S.W., Naples, Florida, 34116
more specifically described in the deed recorded in Official Record Book
3802, Page 3502, of the Public Records of Collier County.
Folio No. 35644440004
Cost: $106.22
Reference: OSM Case No: 2005030527
The undersigned is authorized to and does hereby release this lien as to the whole
of the above-described real property, and all other real and personal property owned by
Martha Hetzel, and consents to this lien being discharged of record.
Dated this d.1 day of ::}. ~ ,2007.
0-
ATTEST:
!
DWIGHT E. BROCK;.Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER~COUN Y, FLOIDA
--- .~~
By: ~
JAMES COLETTA, CHAIRMAN
. ~
By: l\i.-u. ...~ r Of -
Attest as to ....... . L. . ty Clerk
S i~lturt .1, .
Approved as to form and
legal sufficiency:
This instrument prepared by:
Jeff E. Wright
Assistant County Attorney
2800 North Horseshoe Drive, Ste 301
Naples, FL 34104
(239) 213-2939
*** 3980912 OR: 4190 PG: 3572 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
03/02/2007 at 08:34AK DWIGHT B, BROCK, CLBRK
RBC FBB 10,00
COPIBS 1,00
Retn:
CLBRK TO THB BOARD "'i 6" A"
INTBROFFICB 4TH FLOOR ~
BIT 8406
2
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by an Order executed by the Special Master against:
Karen Wasserman
445 Stokes Road
Shamong, NJ 08088
The lien was recorded on February 24, 2006 Official Record Book 3988
Page 0994, in the Official Records of Collier County, State of Florida,
The lien secures the principal sum of Eighty dollars, plus accrued interest
and penalties, if any, and imposes certain obligations against real
property situated in Collier County, Florida.
Cost: $80.00
Reference: CE 2037
Collier County, a political subdivision of the State of Florida, by execution of this Release
and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and
hereby cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction
of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien
ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman directs execution and recording of this Release and
Satisfaction of Lien, by action of the Board on this ;). I day of
--:t~~ ,2007.
r
ATTEST
DWIGHT E. ~RqCK, CI~rk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: _~--- ~ a.~.
attest " to.. ty Clerk
11911"" -
App d as to.form and legal sufficiency
~
By: -- -- ~-
JA S COLETTA, Chairman
This instrument prepared by:
Jeff E. Wright
Assistant County Attorney
2800 North Horseshoe Drive, Ste 301
Naples, FL 34104
(239) 213-2939
*** 3980913 OR: 4190 PG: 3573 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
03/02/2007 at 08:34AM DWIGHT B. BROCK, CLBRK
RBC FBB 10.00
COPIBS 1.00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BXT 8406 I
16A 2
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by an Order executed by the Special Master against:
Carmen D. Cruzan
11440 Whistler's Cove Cir # 325
Naples, FL 34113
The lien was recorded on May 8, 2006, Official Record Book 4032 Page
1116, in the Official Records of Collier County, State of Florida. The lien
secures the principal sum of one hundred twenty-five dollars, plus
accrued interest and penalties, if any, and imposes certain obligations
against real property situated in Collier County, Florida.
Cost: $125.00
Reference: SO 111594
Collier County, a political subdivision of the State of Florida, by execution of this Release
and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and
hereby cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction
of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien
ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman directs execution and recording of this Release and
Satisfaction of Lien, by action of the Board on this ~ 7 day of
~~,2007.
ATTEST
DWIGHT E. BR<Dq!S, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
B.:~ ~O'-
y: .. II. · .. uty Clerk .
Signlturf ,-
Ap v d as to for and legal sufficiency
.
By:
JAM
This instrument prepared by:
Jeff E. Wright
Assistant County Attorney
2800 North Horseshoe Drive, Ste 301
Naples, FL 34104
(239) 213-2939
*** 3980914 OR: 4190 PG: 3574 ***
RBCORDBD in OPPICIAL RBCORDS of COLLIBR COUNTY, PL
03/02/2007 at 08:34AK DWIGHT B. BROCK, CLBRK
RBC PBB 10.00
COPIBS 1.00
Retn:
CLBRK TO THB BOARD
INTBROPPICB 4TH PLOOR
BXT 8406
16A
2
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by an Order executed by the Special Master against:
Dawn Leblanc
205 Skipping Stone Lane
Naples, FL 34119
The lien was recorded on May 13, 2005, Official Record Book 3797 Page
3850, in the Official Records of Collier County, State of Florida. The lien
secures the principal sum of Eighty dollars, plus accrued interest and
penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida.
Cost: $80.00
Reference: CE-0744
Collier County, a political subdivision of the State of Florida, by execution of this Release
and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and
hereby cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction
of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien
ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman directs execution and recording of this Release and
Satisfaction of Lien, by action of the Board on this d. 7 day of
1-~ ,2007.
ATTEST
DWIGHT E.BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: fuM..A ~.....O,(.
ltteIt as .. . eputy Clerk
li..t..... . ·
Appr ed as tQ form and legal sufficiency
By:
JA
This instrument prepared by:
Jeff Wright, Assistant County Attorney
Collier County Attorney's Office
2800 North Horseshoe Drive
Naples, FL 34104
(239) 213-2939
*** 3980915 OR: 4190 PG: 3575 **~
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
03/02/2007 at 08:34AK DWIGHT E. BROCK, CLERK
REC FEE 10.00
COPIES 1.00
Retn:
CLERK TO THE BOARD
INTEROFFICE 4TH FLOOR
EXT 8406
16A
2
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by an Order executed by the Code Enforcement Board against:
Lyjac Properties, LLC
1661 Trade Center Way Bldg 1
Naples, FL 34109
The lien was recorded on August 2, 2006, Official Record Book 4081
Page 2922, in the Official Records of Collier County, State of Florida.
The lien secures the principal sum of four hundred ninety-eight dollars
and eight cents, plus accrued interest and penalties, if any, and imposes
certain obligations against real property situated in Collier County,
Florida.
Cost: $498.08
Reference: CEB No:2006-32
Folio: 00270560008
Collier County, a political subdivision of the State of Florida, by execution of this Release
and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and
hereby cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction
of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien
ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman directs execution and recording of this Release and
Satisfaction of Lien, by action of the Board on this ;)./ day of
-:t~ ,2007.
o
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By.~~~g~.
Appr ed as to form and legal sufficiency
,
~
By: . :1:"
JA~ COL. . c..air an
This instrument prepared by:
Jeff E. Wright
Assistant County Attorney
2800 North Horseshoe Drive, Ste 301
Naples, FL 34104
(239) 213-2939
*** 3980916 OR: 4190 PG: 3576 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
03/02/2007 at 08:34AM DWIGHT B. BROCK, CLBRK
RBC PHB 10.00
COPIBS 1.00
Retn:
CLBRK TO THB BOARD 16 A
INTBROFFICB 4TH FLOOR 2
BXT 8406
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA ("BCC") is the owner and holder
of a certain lien by Resolution 2001-428 executed by the BCC against:
Carola Pinkalla
2364 Becca Drive
Lot 7, Block G
Haldeman River Subdivision
Naples, FL 34116
The Resolution imposing the lien was recorded on December 5, 2001,
Official Record Book 2937 Page 0013, in the Official Records of Collier
County, State of Florida. The lien secures the principal sum of two
hundred fifty-five dollars and zero cents, plus accrued interest and
penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida.
Cost: $399.91
Reference Invoice Number: 1911
Collier County, a political subdivision of the State of Florida, by execution of this Release
and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and
hereby cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction
of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien
ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman directs execution and recording of this Release and
Satisfaction of Lien, by action of the Board on this ;2 7 day of
'3-~~, 2007.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
,i'
~M>
,jY\,.
,,~"Y>>""
.,t:;':?'/)'
COLETTA, Chairman
By: ~ ~;~idl'(,
Atte~t "t Chi t Pilty Clerk
ItlAltwe _1"
ed as to form and legal sufficiency
"
By:
JA
16A 2
This instrument prepared by:
Jeff Wright, Assistant County Attorney
Collier County Attorney's Office
2800 North Horseshoe Drive
Naples, FL 34104, (239) 213-2939
RELEASE AND SATISFACTION OF LIENS
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA ("BCC") is the owner and holder of certain liens by resolutions
adopted by the BCC against:
Abraham J. and Dotty Moses
6380 Radio Road, Naples Manor Lakes Block 14, Lot 12
Naples, FL 34104
These seven resolutions that are the subject of this Release and Satisfaction of Liens
were recorded on:
Resolution No: 2001-107 was recorded May 2,2001 in OR Book: 2817, Page: 0513;
Resolution No: 2002-234 was recorded June 19,2002 in OR Book 3058, Page 0204;
Resolution No: 2002-235 was recorded June 19,2002 in OR Book 3058; Page 0206;
Resolution No: 2003-274 was recorded September 15,2003 in OR Book 3396, Page 2744;
Resolution No: 2003-272 was recorded September 15,2003 in OR Book 3396, Page 2740;
Resolution No: 2002-236 was recorded June 19,2002 in OR Book 3058, Page 0208; and
Resolution No: 2003-273 was recorded September 15,2003 in OR Book 3396; Page 2742.
Together, the liens secure the principal sum of one thousand seven hundred seventy-
five dollars and zero cents, plus accrued interest and penalties, if any, and imposes
certain obligations against real property situated in Collier County, Florida.
Collier County, a political subdivision of the State of Florida, by execution of this Release and
Satisfaction of Liens, acknowledges payment as full satisfaction of the lien and hereby cancels said
lien.
The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Liens in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting
through its Chairman directs execution and recording of this Release and Satisfaction of Liens, by
action of the Board on this d I day of ~f ~. - <-1'-" ,2007.
ATTEST
DWIGHT E.BROCK, <;:lerk
By: C!..u..u. .~ C)C
Attest I\t6-~1 r'IIiiwty Clerk
S19A&t....' onl- . .'
By:
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egal sufficiency
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ORIGINAL DOCUMENTS CHECKLIST & ROUTIN~~
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SI ~ A:
3
Print on pink paper. Attach to original document. Original documents shuuld be hand delivered to the Board Oftice. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
tI
exception of the Chairman's sillnature, draw a line through routinlllines # I through #4, complete the checklist, and orward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder oflhe onginal document pending Bec approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the BeC office only after the BeC has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the Bec
Type of Document
Attached
Phone Number
xS1Sl-
l..h.
?bao GJ 1'1 ~
Agenda Item Number
.-:>
01 At1..-
Number of Original
Documents Attached
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 jJl
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 Ju
document or the final ne.gotiated contract date whichever is applicable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's ..lLi
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 Bee 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.-11 07 (enter date) and all changes N/A is not
made during the meeting have been incorporated id the attached document. The an option for
County Attornev's Office has reviewed the changes, if applicable. line 6.
INSTRUCTIONS & CHECKLIST
J: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.2.4.05
16A 3
RESOLUTION NO. 07- 42
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF CERTAIN ROADWAY AND
DRAINAGE IMPROVEMENTS IN BRITNEY
ESTATES, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 42,
PAGE 26; RELEASE OF THE MAINTENANCE
SECURITY; AND ACCEPTANCE OF THE
MAINTENANCE RESPONSIBILITY FOR THE
ROADWAY AND DRAINAGE IMPROVEMENTS
THAT ARE NOT REQUIRED TO BE
MAINT AINED BY THE PROPERTY OWNERS
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
December 14,2004 approved the plat of Britney Estates for recording; and
WHEREAS, the Developer has constructed and maintained the roadway and
drainage improvements in accordance with the approved plans and specifications as
required by the Land Development Code (Collier County Ordinance No. 04-41, as
amended); and
WHEREAS, the Developer is requesting final acceptance of the roadway and
drainage improvements and release of his maintenance security; and
WHEREAS, the Engineering Services Section of the Development Services
Department has inspected the roadway and drainage improvements, and is recommending
acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby
granted for those roadway and drainage improvements in Britney Estates, pursuant to the
plat thereof recorded in Plat Book 42, Page 26, and the Clerk is hereby authorized to
release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the County accept the
future maintenance and other attendant costs for those roadway and drainage
improvements that are not required to be maintained by the Britney Estates property
owners.
This Resolution adopted after motion, second and majority vote favoring same,
this :<'1 day of i- ~ ,2007.
DATE: ) ,a..+. dOOl
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~: (h.JA~ Oc.. .
. AtW.t. I
11~ . ·
By: JAMd~~
Approved as to form and legal
sufficiency:
~
Assistant Collier County Attorney
ORIGINAL DOCUMENTS CHECKLIST & ROqTINc!iSDP/\ 4
TO ACCOMPANY ALL ORIGINAL DOCUMENTS ~ENT.IoO Ii
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents shuuld be hand delivered to the Board Oftice. The completed routing slip and uriginal
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) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the pnmary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one ofthe addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Contact 11lt.l
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Phone Number
;<'(1~:t
""U
Agenda Item Number
Number of Original
Documents Attached
Initial the Yes column or mark "NI 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 ofthe County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC J~
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 j~
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 J~
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 2/2.:'7/07 (enter date) and all changes N/A is not
made during the meeting have been incorporated irl the attached document. The an option for
County Attorney's Office has reviewed the chan,::es, if applicable. line 6.
INSTRUCTIONS & CHECKLIST
1: Formsl County Formsl BCC Forms/ Original Documents Ruuting Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
16A 4
RESOLUTION NO. 07- 43
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL ACCEPTANCE
OF CERTAIN ROADWAY AND DRAINAGE
IMPROVEMENTS IN VERONA WALK PHASE 1B,
ACCORDING TO THE PLA T THEREOF
RECORDED IN PLAT BOOK 41, PAGES 37
THROUGH 41, RELEASE OF THE MAINTENANCE
SECURITY, AND ACCEPTANCE OF THE
MAINTENANCE RESPONSIBILITY FOR THE
ROADWAY AND DRAINAGE IMPROVEMENTS
THAT ARE NOT REQUIRED TO BE MAINTAINED
BY THE VERONAWALK HOMEOWNERS'
ASSOCIATION
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
March 9,2004 approved the plat of Veronawalk Phase 1B for recording; and
WHEREAS, the Developer has constructed and maintained the roadway and
drainage improvements in accordance with the approved plans and specifications as
required by the Land Development Code (Collier County Ordinance No. 04-41, as
amended); and
WHEREAS, the Developer is requesting final acceptance of the roadway and
drainage improvements and release of his maintenance security; and
WHEREAS, the Engineering Services Section of the Development Services
Department has inspected the roadway and drainage improvements, and is recommending
acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby
granted for those roadway and drainage improvements in Veronawalk Phase 1B, pursuant
to the plat thereof recorded in Plat Book 41, pages 37 through 41 and the Clerk is hereby
authorized to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the County accept the
future maintenance and other attendant costs for those roadway and drainage
improvements that are not required to be maintained by the Veronawalk Homeowners'
Association.
This Resolution adopted after motion, second and majority vote favoring same,
this ~ 1 day of 1- ~' 2007.
.. ~"
DATE: 8 -1- Ot:>O"1
ATTEST: ' ':
DWIGHT E.BROCK,CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: dd ~
JAM COLETTA, CHAIRMAN
~ (b" "
: ,'. .n~", ....~ '. oe,
Attest, '.,: ~~
If9Mturt .1"'"
Approved as t6, iorin and legal
suffici cr:,,'
Item # I /(;> A i-
~~~;da~-a -'-01
ri t
t Collier County Attorney
ORIGINAL DOCUMENTS CHECKLIST & ROUTING t~ nJ_ /?<1107
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT ToO-l 't:!J t..
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 si nature, draw a line throu h routin lines # 1 throu #4, com lete the checklist, and forward to Sue Filson line #5 .
Route to Addressee(s) Office Initials Date
List in routin order
PRIMARY CONT ACT INFORMATION
(The primary contact is the holder of the original document pending Bee approvaL Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents ding the BeC Chairman's signature are to be delivered to the BCC office only after the BeC has acted to approve the
item.
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
INSTR CTIONS & CHECKLIST
Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is
a ro riate.
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and aU other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
6. The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
Please scan under in the BMR Real Property Folder. Thank you
1.
2.
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
6. Minutes and Records
Clerk of Court's Office
Phone Number
Agenda Item Number
Number of Original
Documents Attached
4.
L~- 8. ~
{
Yes
(Initial)
N/A (Not
A licable)
qJ
WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
~~~
168 2
PROJECT: Santa Barbara Road #62081
PARCEL No: 700
NOVATION AGREEMENT
HIS NOVATION AGREEMENT is made and entered into on this cf(g' day of
,2007, by and between COUNTRYSIDE MASTER ASSOCIATION, INC.,
a Florida not-f r profit corporation, whose mailing address is 600 Countryside Drive, Naples,
Florida 34104 (hereinafter referred to as "Countryside"), and COlliER COUNTY, a political
subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East,
Naples, Florida 34112 (hereinafter referred to as "County").
WITNESSETH:
WHEREAS, County has volunteered to construct two (2) segments of a sound
attenuation wall along Countryside's Santa Barbara Boulevard frontage; and
WHEREAS, the first sound attenuation wall segment will be located on Countryside's
property from Santa Barbara Boulevard Project No. 62081 Station No. 297+60 to Station No.
304+44, with a top elevation of 21.5 NGVD; and
WHEREAS, the second sound attenuation wall segment will begin on Countryside's
property at Station No. 333+53.47 extending north to Station No. 335+40 at a northeasterly
bearing until it reaches Station No. 335+60, where it will be located completely within
County's existing right-of-way, and thereafter extending to and ending at Station No. 339+20
(hereinafter "Noise Wall Segments"), with a top elevation of 21.5 NGVD from Sta. 333+53.47
to Sta. 336+60 and a top elevation of 24 NGVD from Sta. 336+60 to Sta. 339+20; and
WHEREAS, Countryside acknowledges that County is under no obligation to construct
any of the sound attenuation wall segments; and
WHEREAS, Countryside has further requested that County construct a privacy wall and
a sodded, earthen berm under said wall (hereinafter "Privacy Wall"), along Countryside's
Santa Barbara Boulevard frontage beginning at Station 304+44 and extending to Station
333+53.47, with a top elevation of 21.5 NGVD; and
WHEREAS, Countryside has offered to provide County with a properly executed
Temporary Construction Easement ("TCE"), a legal description of which is attached hereto
and incorporated herein as Exhibit "A," and to provide County with all utility subordinations as
needed (where utility easements may encumber the TCE areas), in order that County and its
contractor shall have the legal right to enter upon Countryside's property for the purpose of
constructing the afore-mentioned walls; and
WHEREAS, Countryside acknowledges that County will not begin construction of either
the Noise Wall Segments or the Privacy Wall unless and until County receives a properly
executed TCE and any necessary utility subordinations and payment from Countryside for
the cost of the Privacy Wall; and
WHEREAS, Countryside agrees to pay for the cost of recording the Temporary
Construction Easement and utility subordinations in the public records; and
WHEREAS, Countryside desires to maintain the Noise Wall Segments and Privacy
Wall in perpetuity and County has agreed to grant Countryside an irrevocable license to enter
upon County right-of-way for such purpose; and
WHEREAS, the parties entered into an Agreement memorializing the foregoing terms
on July 25, 2006 but have failed to perform in accordance with its terms; and
WHEREAS, since execution of the Agreement, the parties have discovered that
construction of certain Noise Wall Segments and the Privacy Wall on Countryside's property
will require the installation and perpetual maintenance of landscaping in accordance with the
Collier County Land Development Code, and
501423v_01 \019051.0001
Agreement
16 ~ge~
WHEREAS, as a condition for this Novation Agreement, Countryside will accept
responsibility for the design, installation and future maintenance of the required landscaping,
and the costs associated therewith; and
WHEREAS, the landscaping design and permitting must be coordinated, and submitted
together, with the County's permit application for the proposed wall construction, and County
has agreed to cooperate with Countryside to the fullest extent possible; and
WHEREAS, this Novation Agreement is intended by the parties to replace all previous
obligations and understandings between the parties and to act as a complete novation of the
Agreement dated July 25, 2006.
NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which is
hereby mutually acknowledged, it is agreed by and between the parties as follows:
1. All of the above RECITALS are true and correct and are hereby expressly incorporated
herein by reference as if set forth fully below, and all Exhibits referenced herein are
made a part of this Agreement.
2. County has solicited bids for the Project through its formal bidding process and has
included the Privacy Wall as an Optional Work Item (hereinafter "Optional Work").
The estimated cost of the Optional Work Item is $807,672.00. Countryside will pay the
sum of $914,000.00, which includes a contingency, to the County no later than March
15, 2007. Said funds will be placed into a separate interest-bearing Construction
Account to be administered solely by County for purposes of making periodic progress
payments pro-rated for the Privacy Wall work effort, when such payments become due
under the project contract. A monthly account statement will be provided, if requested,
by County, including all documentation submitted by the contractor for purposes of
payment.
3. Countryside shall provide County with a properly executed TCE and any necessary
utility subordinations to the County within 60 days of the date of this Agreement at no
cost to the County. In the event Countryside fails to deliver these documents to County
in accordance herewith, this agreement shall terminate within fourteen (14) days of
County's written demand for performance, unless otherwise agreed by County.
4. County and Countryside will cooperate with each other, or either's designated agent, to
obtain the necessary development approvals for the construction and installation of
the Walls, as defined below, and associated landscaping and irrigation. To this end,
County will obtain an administrative variance for the height requirement for the Walls.
Countryside will retain a landscape architect to prepare a code-compliant site plan
showing the wall and associated landscaping and irrigation (hereinafter "Plan") for the
Privacy Wall and those portions of the Wall Segments to be constructed on
Countryside's property. Countryside will be responsible for delivery of a design plan
prepared in accordance with generally acceptable industry standards and all county
code requirements. The Plan must be completed and submitted to County
transportation staff for initial review at least 30 days prior to the County's application
for development approval of the proposed wall construction. If the Plan is in
compliance with this Paragraph, the Plan will be incorporated into the County's
application for development approval for the wall construction.
5. County will direct the contractor to undertake the Optional Work only when the
following conditions have been met:
a. Submittal of a Plan prepared in accordance with Paragraph 4 above, along
with the code required number of copies.
b. Procurement by County of an administrative variance waiving LOC height
requirements for the Walls.
c. Delivery of a fully executed and binding agreement between Countryside and a
third party for the installation and first year maintenance of the landscaping
and irrigation improvements as shown on the Plan.
d. Notification of a plan or method by which Countryside will provide for the
perpetual maintenance of the landscape improvements. This condition will be
deemed met, if such plan is legally and physically capable of implementation
and a reasonable person would rely upon such plan or method.
168 2
Agreement
Page 3
6. Countryside acknowledges and agrees that County cannot construct the Walls if all
requirements of the Land Development Code ("LDC") are not met, that each party has
a duty to use its best efforts to obtain the development approval needed for the wall
and landscaping improvements, and that either party's failure to obtain said approvals,
where such failure cannot be cured within thirty (30) days, will constitute a frustration
of purpose and will terminate this Novation Agreement. In this event, County shall
return, within thirty (30) days, all monies on deposit per Paragraph 2, including
accrued interest, to Countryside, and both parties shall be released from any further
obligations or liability arising out of this Novation Agreement.
7. Assuming all conditions set forth herein have been met, County shall construct the
Noise Wall Segments and Privacy Wall, hereinafter collectively referred to as "the
Walls," as part of the 6-Iane improvements to Santa Barbara Boulevard, Project
#62081, in accordance with the general plans and specifications contained in Exhibit
"B." Countryside has selected a color for both sides of the Walls and County will
specify this color when ordering the Optional Work Item.
8. Upon completion of the Optional Work, final payment to the Contractor and acceptance
of the Optional Work, County will provide Countryside with a final accounting for all
costs associated with the Work. Within thirty (30) days thereafter County shall
disperse any surplus funds, including all accrued interest, to Countryside. As used
herein "surplus" means any money remaining after all contractual or legally required
payments have been made by County related to the Optional Work, and does not
include any remaining balance during the pendency of a contactor dispute or claim
regarding the Work.
9. After completion of the Optional Work, Countryside shall install all landscaping and
irrigation improvements as provided for in the Plan, and shall thereafter maintain all
such improvements as required by the LDC. Countryside acknowledges that its failure
to plant and maintain all landscaping and associated improvements in accordance
with County approvals, will result in a code violation. The parties agree that nothing
contained in this Novation Agreement shall act as a waiver or acquiescence by County
of existing code requirements and their enforcement.
10. After acceptance of the Optional Work, County will grant Countryside an irrevocable
license to enter upon County right-of-way to access and maintain the northernmost
Noise Wall Segment. All activity within County right-of-way will be conducted in
conformity with County's standards and local ordinance. However, no right-of-way
permit will be required.
11. Countryside agrees to assume all maintenance responsibility for the completed Walls
and all landscaping installed on Countryside's property in perpetuity. For those
portions of the Walls located within the County right-of-way, Countryside agrees to
indemnify the County for and from, and to reimburse County with respect to, any and
all damages, claims, liabilities, actions, costs and expenses (including without
limitation reasonable paralegal and attorney fees and expenses), penalties or fines
incurred by or asserted against the County by reason or arising out of Countryside's
maintenance of the Walls. County will be responsible for the perpetual maintenance
of all landscape improvements which County installs within its right-of-way. It is
understood by the parties that Countryside need only design. install and maintain
landscaping and associated irrigation for those portions of the Walls to be built on
Countryside property.
12. Any notice, request, demand, instruction or other communication to be given to either
party hereunder shall be in writing. sent by facsimile with automated confirmation of
transmittal, or by registered or certified mail. return receipt requested, postage prepaid,
addressed as follows:
If to County:
Kevin Hendricks, Manager
Transportation and Engineering Department
2885 South Horseshoe Dr.
Naples, Florida 34104
(tel)(239) 213-5844
(fax)(239) 213-5885
Agreement
168 2
Page 4
If to Countryside:
Mr. Richard Kudelski, President
600 Countryside Drive
Naples, FL 34104
(tel) (239) 353-1780
(fax) (239) 353-3717
The addressees and numbers may be changed by either party by giving written notice
of such change to the other party in the manner provided herein. For the purpose of
changing such addresses or addressees only, unless and until such written notice is
received, the last addressee and respective address stated herein shall be deemed to
continue in effect for all purposes.
13. County will obtain for the benefit of Countryside all express warranties given to the
Contractor of the Walls by contractors, subcontractors and materialmen supplying
materials, equipment or fixtures for the Walls. County will obtain a warranty for the
benefit of Countryside from the Contractor of the Walls that: (1) any materials and
equipment furnished under the project contract shall be new unless otherwise specified;
(2) all work shall be of good quality, free from all defects and in conformance with the
project contract documents; (3) 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; (4) if, within one (1) year after the Walls are completed and accepted by
County, 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
County or Countryside; and (5) that Contractor will be responsible for and pay for
replacement or repair of any damages to Countryside's property resulting from such
replacement or repair.
14. COUNTY MAKES NO REPRESENTATIONS OR WARRANTIES, IMPLIED OR
EXPRESS, AS TO THE EFFICACY OF SOUND ATTENUATION OF THE WALLS,
THE CONDITION OR QUALITY OF THE OPTIONAL WORK AND THE FITNESS OF
THE WALLS FOR ANY PARTICULAR PURPOSE.
15. No later than 30 days after completion of the Walls, the County Project Manager and a
representative of Countryside shall conduct an inspection of the Walls 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 the cited
deficiencies shall be grounds for County to disqualify the Contractor from future bid
opportunities with County, in addition to any other rights and remedies available to
County pursuant to the contract documents.
16. County shall use its best efforts to minimize the construction impacts to existing
vegetation in accordance with the attached specifications, but is under no obligation to
replace any trees damaged, removed or unsuccessfully relocated due to construction.
County shall restore the ground cover on all areas left disturbed by the construction
and will remove and discard existing fence.
17. Countryside will designate a representative for the duration of construction effort and
for purposes of all notice obligations of the County under the terms of this Agreement.
County will keep this person informed of the status of progress of the Optional Work,
as well as supply this person with all accountings requested pursuant to this
Agreement. Upon receipt of record drawings from the contractor for the project,
County will furnish these drawings to Countryside.
18. No waiver of, or failure to claim, any breach of this agreement by either party shall be
construed as a waiver of any rights or remedies with respect to any subsequent
breach of this Agreement.
19. This Agreement and the terms and provisions hereof shall be effective as of the date
this Agreement is executed by both parties and shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, personal
168 2
Agreement
Page 5
representatives, successors, successor trustees, and/or assignees, whenever the
context so requires or admits.
20. The parties acknowledge and agree that the failure of the proposed Walls, once
completed, to conform with Countryside members anticipated appearance of such
Walls shall not constitute a breach of this Agreement.
21. The reciprocal obligations contained herein are contingent upon no other provisions,
conditions, or premises other than those so stated above; and this written Agreement,
including all exhibits attached hereto, shall constitute the entire Agreement and
understanding of the parties, and there are no other prior or contemporaneous written
or oral agreements, undertakings, promises, warranties, or covenants not contained
herein.
\,
22. This Agreement is governed and construed in accordance with the laws of the State of
Florida.
IN WITNESS WHEREOF, the parties have caused these presents to be executed the
date and year first above written.
AS TO COUNTY:
DATED: tJ./ '1 <llo ':t
ATTEST:
DWIGHT E. a~qcK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: 1Jo~~{g
, . -"
~..:~ t;r,.~ o.~ .
.. .. . .,p~ty Clerk
Att..\ a, .-:~fnlln s
.t~"'~JII
"'7/; Jl~'C~
~.,." ...,~
El11n T. Ci~~"'''
(' 't~f
Imlas
Item# -'~~
Agenda ~d"""-"'n
Date ~r u
RK
Date a... a(s-o
Rec'd
().~
Depu ler
AS TO COUNTRYSIDE:
WITNESSES:
~.~.9..~
Witn (' ture)
Name: Ci IF+O~1\ :r JFP:t\~.R~~
(Print)
~()-
Witn s (Signature)
Name: ~t"~ ~,,,,J.
(Print)
Countryside Master Association, Inc.,
a Florida not-for-profit corporation
By:
LINE
L1
L2
LJ
LINE TABLE
BEARING
58B'S7'J8"W
58B'S7'J8"W
N8B'S 7'45" E
DISTANCE
100.00'
15.00'
15.00'
~~!,~
~~
~
o 150 300 600 1200
GRAPHIC SCALE
SECTION 5, TOWNSHIP 50 SOUTH, RANGE: 26 E:AST
COUNTRYSIDE: AT BERKSHIRE: LAKE:S
PLAT BOOK 18, PAGES 1-4. SECTION 4
GOLF COURSE
MAINTENANCE FACILITY
TRACT 1 J
GOLF COURSE: TRACT 15
PARCEL 700
TEMPORARY CONSTRUCTION EASEMENT
52,J50:1: SQUARE FEET
GOLF COURSE TRACT 15
NO , '02 '22"W 1935.45'
1 .4
L3
L2
NO"02'15"W 1374,55'
501'02"5"C 1374.55'
SANTA BARBARA BOULEVARD
O.R. BOOK 148J
PAGE 1617
O.R. BOOK 2628 PAGE 3434
P.O.C.
EAST 1/4 CORNER
S-5, T-50-5,
R-26-E O.R. BOOK 1983 PAGE 920
LEGAL OESCRJP nON
ALL THAT PART OF GOLF COURSE TRACT /5, COUNTRYSIDE A T BERKSHIRE LAKES. PLA T BOOK /8, PAGES /-4,
SECTION 4, COLLIER COUNTY, FLORIDA, AND GOLF COURSE MAINTENANCE FACILITY TRACT /3. COUNTRYSIDE AT
BERKSHIRE LAKES. PLA T BOOK /8, PAGES /-4, SECTION 4, COLLIER COUNTY, FLORIDA, BONG MORE
PARTlCULARL Y DESCRIBED AS FOLLOWS;
COMMENCING A T THE EAST QUARTER CORNER OF SECTION 5, TOWNSHIP 50 SOUTH, RANGE 26 EAST. COWER
COUN TY. FLORIDA;
THENCE SOUTH 88"57'38" ItfST 100.00 FEET TO A POINT ON THE weST RIGHT OF WAY LINE OF SANTA
BARBARA BOULEVARD (200 FOOT RIGHT OF WA Y) SAID POINT BONG THE POINT OF BEGINNING;
THENCE ALONG SAID ItfST RIGHT OF WAY LINE SOUTH 01'02'22" EAST 1,935.45 FEET.'
THENCE LEAVING SAID ItfST RIGHT OF WAY LINE SOUTH 88'51'38>> ItfST 15.00 FEET TO A POINT ON A LINE
15.00 FEET ~ST OF AND PARALLEL WITH SAID ~ST RIGHT OF WAY LINE;
THENCE ALONG SAID LINE NORTH 01'02'22" WEST 1,935.45 FEU TO A POINT 15.00 FEET ItfST OF THE ItfST
RIGHT OF WA Y LINE OF SANTA BARBARA BOULEVARD;
THENCE ALONG A LINE 15.00 FEET WEST OF AND PARALLEL WITH THE WEST RIGHT OF WA Y LINE OF SAID SANTA
BARBARA BOULEVARD NORTH 01'02'15" ItfST 1,874.55 FEET.'
THENCE LEA VlNG SAID LINE NORTH 88'57'45" EAST /5.00 FEET TO A POINT ON THE WEST RIGHT OF WA Y LINE
OF SAID SANTA BARBARA BOULEVARD;
THENCE ALONG SAID WEST RIGHT OF WA Y LINE SOUTH 0/'02'/5" EAST 1,874.55 FEET TO THE POINT OF
BEGINNING.
CONTAINING 57,150.00 SQUARE FEET. MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON THE EAST LINE OF SECTION 5, TOWNSHIP 50 SOUTH, RANGE 26 EAST. COWER
COUNTY, FLORIDA BEING SOUTH 01'02'/5" EAsr
*** NOT A SURVEY ***
( ini~(
RK
LEGEND:
~ " " " " ,,~ PROPOSED TEMPORARY
I\. " " " " " " '1 CONSTRUCTION EASEMENT
~. I R, P. OFE. AL SURVEYOR &- MAPPER
FLORIDA REGISlRA LS 15627
NOT VALID UNLESS SIGNED BY THE SURVEYOR AND
SEALED WITH THE SURVEYOR'S EMBOSSED SEAL.
CERFlFICATE OF AUTHORIZATION 1 LB-4J
MAIlINGS ARC BASCO ON NORTH
AMERICAN OA 7UI/ (N. A.O) IW-Iggo
AlMJSTllCNT STATC P1.ANC COCRDINATC
SI'$TC.II (CRID) fOR fUJRIDA CAST lONe.
R.o. W. = RIGHT OF WA Y
P.O.8. = POINT OF BEGINNING
P.o.c. = POINT OF COMMENCEMENT
PROJECT NO.:
62081 PARCEL NO. : 700
.,..iIl8'."-
...... . ewt-I ' EccqIIIt , .",.,... . ~ ArdiIIcfI ' "..,."...., Cclndft
MIoI . .... he.
.. . "".... ' ... ' ...... ' ,.
-_'-...., __AItaI__ '1'fIIIIt ......,.,. ........... ...........
RC'rfSCO; I-JI-06; CIWL 1151
CLIENT :
COLLIER COUNTY TRANSPORTA TlON,
ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION
TITLE: SKETCH AND DESCRIPTION
BriNG PART OF GOLF COURS[ TRACT 15
COUNTRYSIDf AT BfRKSHIRf LAKfS, PLA T BOOK 18. PAGfS 1-4 SfCTfON 4
COLLlfR COUNTY, FLORiDA
PROJECT NO.: SHEET NUMBER: riLE NO.:
N6022-002-0TO- TDH'M' 700 OF XXX 2GG-20J
DATE:
12/2005
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168 I)
MEMORANDUM
Date:
March 7, 2007
To:
Margaret A. Bishop, Sf. Project Manager
Transportation/Stormwater Mgmt.
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Work Order #DAB-FT-3568-07-05:
Agreement with Aquagenix for the
2007 Australian Pine Removal Project, No. 51501
Enclosed please find one (1) original document, as referenced above,
(Agenda Item #16B5), which was approved by the Board of County
Commissioners on Tuesday, February 27, 2007.
The second original is being retained in the Minutes and Records
Department for the public record.
If you should have any questions, please call me at 774-8406.
Thank you.
Enclosures (1)
ORIGINAL DOCUMENTS CHECKLIST & ROUTINlIsLnO 5
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENTtOO D
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) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Courts Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Nomlally 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 stalf for additional or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only atler the Bee has acted to approve the
item. )
Name of Primary Staff Margaret Bishop
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Phone Number
U:i3G"
Agenda Item Number
Local Governmental Agreement
Number of Original
Documents Attached
Initial the Yes column or mark "NI A" in the Not Applicable colunm, whichever is Yes NIA (Not
appropriate. (Initial) Aoolicable)
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, 'lNtJ
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 possiblv 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 ),'\Z -is.
3. The Chairman's signature line date has been entered as the date ofBCC approval of the /J<.a;6
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 ~t1. .tj
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 ofBCC approval. M.a.~
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware ofvour deadlines!
6. The document was approved by the BCC on 2/27/07 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.
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCe Forms/ Original Documents Routing Slip
WWS Original 9.03.04
168 5
EXECUTIVE SUMMARY
Recommendation to approve a work order in the amount of $484,660 to Aquagenix
for the 2007 Australian Pine Removal Project (Project Number 51501) under
Contract 03-3568 "Annual Contract for Countywide Exotic Vegetation Removal".
This $484,660 includes a 10% contingency of $44,060.
OBJECTIVE: To receive Board approval of a Work Order for the 2007 Australian Pine
Removal Project to Aquagenix in accordance with the Annual Contract for Countywide
Exotic Vegetation Removal, Contract Number 03-3568 and approve the necessary budget
amendment.
CONSIDERATION: For several years the Stormwater Management Department of the
Transportation Services Division has defined and supported the need to maintain an
annual effort to eradicate exotic vegetation growing along numerous miles of County
maintained drainage canals, ditches, and lakes.
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. Removal of these trees will improve properties by reducing
the risk of personal or property damage should these trees topple over in high winds.
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 Projection
as referenced in Chapter 62C-52, Florida Administrative Code.
Throughout the County many locations contain hundreds of trees that should be
eradicated. Four (4) work site locations were chosen for eradication sites. Quotes were
received for five sites, but budget restraints reduced the number of areas to be cleared to
four sites. This year's project is located in the Sunshine, Sunrise, Tropicana and
Sunflower Canals in Golden Gate City. The sites are adjacent to canal and ditch banks
located within County drainage easements.
This proposed work will also target any other exotic vegetation found among the
Australian pine trees at each site such as Brazilian Pepper and Melaleuca. Pursuant to
completing this project, staff solicited price quotes from each of the five firms pre-
qualified under the "Annual Contract for Countywide Exotic Vegetation Removal". We
have received very little response from the contractors on the annual contract list for the
past few years. Aquagenix has provided quotes for the past three years and have been
168 5
awarded the contract. The work that was completed was excellent, on budget and on
time. The contract requires quotes from three contractors which can include No Quotes.
The Purchasing Department has approved the quote and three No Quotes to satisfy the
contract requirements. The following is a summary of the quotes received:
SUMMARY OF QUOTES
Name of Company Amount of Quote
NaturChem, Inc. No Quote
Aquatic Weed Control, Inc. No Quote
Aquagenix, Inc. $440,600
EarthBalance, Inc. No Quote
FISCAL IMPACT: Funding is available in Fund 325 Australian Pine Removal Program
(Project No. 51501). The source of funding is ad valorem taxes. The project has been
awarded a $250,000 Grant through the Cooperative Water Resource Projects Funding
Program of the Big Cypress Basin/South Florida Water Management District (SFWMD).
Upon final completion, $250,000 of the County's total project cost will be reimbursed by
SFWMD and be returned to reserves.
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 for Collier County Stormwater Management.
RECOMMENDATION: That the Board of County Commissioners approve issuance of
a work order to Aquagenix in the amount of $484,660 under contract 03-3568 and direct
the Board Chairman to execute Contract Number 03-3568 with Aquagenix.
Prepared By: Margaret A. Bishop, Senior Project Manager, Stormwater Management
Department
Attachments: (1) Location Map, (2) Work Order, (3) Quote
WORK ORDER # DAB-FT -3568-07 -05
168 5
"Agreement for County Wide Exotic Vegetation Removal"
Dated October 1, 2003 (Contract # 03-3568)
This Work Order is for Exotic Vegetation Removal, subject to the terms and conditions of the Contract
referenced above, for work known as:
PROJECT: 2007 Australian Pine Removal Project, Project No. 51501
This year's project is comprised of four (4) work sites located in the Sunshine, Sunrise, Tropicana and
Sunflower Canals in Golden Gate City. The sites are generally found adjacent to canal and ditch banks
located within County drainage easements.
The work is specified in the proposal dated January 25. 2007 from DeAngelo Brothers, Inc. dba
Aquagenix, which is attached hereto and made apart of this Work Order. In accordance with Terms
and Conditions of the Agreement referenced above, Work Order # DAB-FT-3568-07-05 is assigned to
DeAngelo Brothers, Inc. dba Aquagenix.
Scope: Contractor to supplv labor and material.
Schedule of Work: Complete within 200 days from the Notice To Proceed date. The effective start
date of the project will be given in the Notice To Proceed. The contract period can be increased
accordingly for additional contingency work or rain delays.
Compensation: The County will compensate the Firm in accordance with the amount provided in the
attached schedule.
TOTAL FEE $484.660.00 (see attached for bid form breakdown)
Any change made subsequent to final department approval will be considered an additional service and
charged according to an executed Change Order as enumerated in Exhibit D of the Agreement.
PREPARED BY:/Jr&.r a~ 2 -1- 0 7
Margaret . Bishop, P.E., Sr. prefJect Manager Date
Transportation S~e~ivision, Stormwater Management Department
REVIEWED BY 4-- ~~ z/fP47
E gene Cal rt, P.E., Director Date
Transport n Services Division, Stormwater Management Department
APPROVED BY:
?;t.la7
f ~
Date
By: fW:ut/jtrJ ~l~v Ql
A'lteJl' . . run ~
.1~ 011- ACC
BOARD OF COUNTY COMMISSIONERS
COLLIER ROUNTY/ FLORIDA
By /~~~~
James Coletta, Chairman
ATTEST: I .
Dwight E. Brock, Clerk
ATTEST:
DeAn
By:
Georae Bowlina, Sales Manaa r
Printed or typed name and title
Item # lloB 5
~~~:da J --al-01
Date 3...1 "l)'"
Rec'd
G:https:llintranet.dbiservices.com/exchange/GBowlingllnboxtWork Order 2007 Australian Pine Project.EML/1_multipart_xF8FF _2_WO Australian Pine
2007.doclC58EA28C-18C0-4a97 -9AF2-036E93DDAFB3/WO Australian Pine 2007.doc?attach= 1
1/30/2007
168 5
f\.:1anaging Your Liquid ASBHts
January 25, 2007
RECEIVED
JAN 2 6 2007
STORMWATSR MGMr.
Ms. Margaret Bishop
Collier County Government
2885 South Horseshoe Drive, Suite 214
Naples, FL 34104
Dear Margaret:
Aquagenix would like to thank Collier County Government for another
opportunity to work for Collier County on exotic tree removal. We are prepared to clear
all exotics within the parameters of bid specifications. Our managers have surveyed and
reviewed these canals very carefully and have taken into account all obstacles and access
points one by one, including power lines, bridge heights, water levels and vacant lots
which could be used as staging areas.
Videos of all areas will be done before working in those areas. With our past
experience in these canals, we know exactly what it is going to take to complete this
project within the time allotted.
Aquagenix will contact all residents impacted by our project before approaching
any trees near their property. Also all property owners of open lots which may be used
for staging areas will be contacted for permission to use their open lot. All properties
will be left exactly as we found it with any damage repaired. Aquagenix had a very good
experience with Collier County on the last exotic removal while working with you and
we look forward to providing Collier County the best possible services for the project.
George Bowling
Sales Manager
12731 Metro Parkway, Fort Myers. Fl33912
(239) 561-1420 - Fax (239) 561.2883
Aquagen" is . $uboldlary ot D<tAngeIO llroth<>rs. Inc.
16B 5
Australian Pine Removal Project - January 5, 2007
Page to of11
QUOTE CONTINUED
RECEIVED
JAN 2 6 2007
STORMWATER MGMT.
SCHEDULE
2007 Australian Pine Removal Project Proposed Work Sites
Work Site
No.
Location
Quote Amount Per Site
LUMP SUM
1 Sunshine Canal $ 159 300.00
2 Sunrise Canal $ 68,500.00
3 Santa Barbara & Ibis Canal $ 341,000.00
4 Tro icana Canal $ 197,300.,00
5 Sunflower Canal $ 15,500.00
Jan 23 07 11:17a
A9uatenix
2395612883
16B 5
p.2
Australian Pine Removal Project - August 1, 2006
Page 8 of 12
Collier County Florida Insurance Requirements
INSURANCE TYPE
REQUIRED liMITS
-1S.. 1. Workers' Compensation
Statutory Limits of Florida Statutes
Chapter 440 and all Federal
Government Statutory Limits and
Requirements
-X. 2.
Bodilv Iniurv & Property Damaae
JVo-
$1,000.000 Single Limit
Per Occurrence
.1. 3. Indemnification: The ContractorNendor, in consideration of Ten Dollars
($10.00), the receipt and suffiCiency of which is accepted through the signing
of this document, shall hold harmless and defend Collier County and its agents
and employees from all suits and actions, including attorney's fees and all
costs of litigation and judgments of any name and description arising out of or
fJD --- incidental to the performance of this contract or work performed thereunder.
This provision shall also pertain to any claims brought against the County by
an employee of the named ContractorNendor, any Subcontractor, or anyone
directly or indirectly employed by any of them. The ContractorNendor's
obligation under this provision shall not be limited in any way by the agreed
upon contract price as shown tn this Contract or the ContractorNendor's limit
of, or lack of, sufficient insurance protection. The first Ten Dollars ($10.00) or
money received on the contract price is considered as payment of this
obligation by the County.
.....1S.. 4. Automobile Liability
Owned/Non-owned/Hired
Automobile Included
$500..000
Each Occurrence
5. Other Insurance as indicated below: n/a
X 6. Contractor shall insure that all subcontractors comply with the same insurance
requirements that he is required to meet. The same contractor shall provide
the County with certificates of insurance meeting the required insurance
provisions.
Jan 23 07 11:17a
A9uagenix
2395612883
IhB 5
Australian Pine Removal Project. Augusll, 2006
Page 9 of IZ
Collier County Florida Insurance Requirements
(Continued)
-.2L 7. CoUier County must be named as "ADDITIONAL INSUREO'l on the
Insurance Certificate for Commercial General liability.
-K. 8. 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
;1/ rJ.- -X 9. Thirty (30) Days Cancellation Notice is required.
-X 10. The Certificate must refer to contract title.
RESPONDER'S AND INSURANCE AGENT STATEMENT:
We understand the insurance requirements contained in these specifications, and that
the evidence of said insurance may be required within five (5) business days of the
award of quote.
~,^,CA'ffn\.Y /0_6:1
Respo r ( I
Si nature of Responder's Agent
168 5
Australian Pine Remova! Project - January 5, 2007
Page 11 of 11
QUOTE CONTINUED
The service to be furnished by us is hereby declared and guaranteed to be in
conformance with the specifications of the County.
The undersigned do agree that should this Proposal be accepted, to execute the form of
contract and present the same to the .county Purchasing Director for approval within
fifteen (15) days after being notified of the awarding of the Contract.
The undersigned do further agree that failure to execute and deliver said forms of
contract within fifteen (15) days will result in damages to the County.
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this .2.5..:th day
of January ,2007 in the County of Lee , in the State of FL
~~l~gpnjy. nivi~ion of nPangplo Brothers, Inc.
Firm's Complete Legal Name
Check one of the following:
Sole Proprietorship
xx Corporation or P.A.
Limited Partnership
General Partnership
Phone No. 239-561-1420
FAX No. 239-561-2883
12731 Metro Parkway
Address
Ft. Myers, FL 33966
City, State, ZIP
BY:
..
()
Title
~",1 PI': M;:mrlgpr
NOTE: If you choose to quote this project, please submit an
ORIGINAL and ONE COPY of your proposal pages.
168 5
Australian Pine Removal Project . January 5, 2007
Page 9 oft J
QUOTE
FROM: J\Wlagenix
12731 Metro Pkwy., Ft. Myers, FL 33966
DUE: Friday, January 26, 2007 @4:00p.m.
Board of County Commissioners
Stormwater Management Department
Transportation Services Division
2885 South Horseshoe Drive
Naples, Florida 34104
RE: "2007 Australian Pine Removal Project"
Dear Commissioners:
The undersigned, as vendor, hereby declares that he has examined the specifications
and informed himself fully in regard to aU conditions pertaining to the work to be done
for furnishing aU labor and equipment to perform complete exotic vegetation removal per
the attached specifications. The vendor further declares that the only persons,
company or parties interested in this Proposal or the Contract to be entered into as
principals are named herein; that this Proposal is made without connection with any
other person, company or companies submitting a Proposal; and it is all respects fair
and in good faith, without collusion or fraud.
The vendor proposes and agrees, if this Proposal is accepted, to contract with the
County furnish work in full, in complete accordance with the attached specifications,
according to the following unit prices:
See Attached Schedule
Any discounts or terms must be shown on the Proposal Form. Such discounts, if any,
will be considered and computed in the tabulation of the Quotes. In no instance should
terms for less than 15 days payment be offered.
Prompt Payment Terms: .- % ~ Days; Net .2!L Days
Addenda received (if applicable): #1_ #2_ #3
Proposal continued on next page....
16B 5
RYCH
~ER (215)567-6300
The Graham Company
The Graham Building
1 Penn Square West
Philadelphia, PA 19102
INSURED DeAngelo Brothers, Inc. T/A Aquagerllx
5605 Florida Mining Boulevard South
200, Suite 201.206
nvUle, FL 32257
POLICY HUMBER
11/1/2005
COMSINED SINGle LIMIT
A 1469438 11/1/2005 11/1'2006 (EI acddlnl)
OOOlL Y INJURY .
(Per pIlrson)
BOOIL Y INJURY
(Perlltddllnl)
PROPERTY PAMAGE .
(Par lItddenl)
GAl!tAGI; lJABlUlY AUTO ONLY. EAACClOENT $
IViJY AUTO OTHER TIWol EA ACC $
AU'rOONI.Y: AGO .
1!XCl!$$iUIoI8REUA LlABlUTY EACH OCCURRENCE .
B X OCCUR o CLAIMS MAOE: R4460029 11/1/2005 11/1/2006 AGGREGATE .
S
S
S
X C II;
5809818 11/1/2005 11/1/2008 E,I.. EACH ACCiDeNT
E.I.. DISEASE. EA EMPLOYE
E.L DISEASE. POUCY UMIT
CPL 1180549 111112005 11/1/2006 OccurlAggr
TlON. II.OeWnONS I VIiliICU!III EXCLUSION$ ADtlEIIBY l!NDOIUIEMENT I SPECIAl. PROIIISIONS
ex.S Au\'!)",o~lIePolley#1469439: California Workers CompensaUon Policy #5609819
ample
CERTIFICATE HOLDER
CANCELLATION
SHOIJU) ANY OF THE ABOVE DESCRIBED pouca BE eANCEI..U!D BEFORE THEEXl'I~l1ON
DATE THEREOF. THE ISSUING. INSURER WILL ENDEAVOR TO MAlL 3~ DAYS WlQTl'EIl
NOTICE TO THE CERTlFICA TE HOLllER NAMED TO THE U!FT. aUT FAILURE TO DO SO$l{AU.
IMPOSE NO OBLIGATION OR UABlUlY OF ANY I<lNtI UPON THE ltlSURt!R, I11AGENTll 011
REPRESENT"l1V!lS.
AUTHORlZI!l)IlEPRESENTAtlVl! ~
ACORD 25. 08)
ORIGINAL DOCUMENTS CHECKLIST & ROUTI~G s~6 B 6
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
: i 'i
1'.
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates. and/or infonnation needed. If the document is already complete with the
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 Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Nonnally the primary contact is the person who created/prepared the executive
summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
infonnation. All original documents needing the BCC Chainnan's signature are to be delivered to the BCe office only after the BCC has acted to approve the
item.)
Name of Primary Staff Erin Hall Phone Number 774-8924
Contact
Agenda Date Item was 2-27-07 Agenda Item Number 16B6
Approved bv the BCC
Type of Document Adopt-A-Road Agreement Number of Original 1
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
2.
3.
4.
5.
6.
Yes
(Initial)
N/A (Not
A licable)
-/
(,.
C//V\
.,;?
/1.~. ../It
/
I
". .
~,l,/ ,
N/A is not
an option for
line 6.
168 6
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve one (1) Adopt-A-Road
Program Agreement with two (2) recognition signs at a total cost of $150.00.
OBJECTIVE: To approve for execution by the Board of County Commissioners Agreement
signed by the volunteer group of certain adopted roadway under the Collier County Adopt-A-
Road program.
CONSIDERATIONS: That the volunteer group so named be recognized as the sponsors of the
particular segment of roadway named in the Agreement, to perform litter removal in accordance
with instructions contained in the Agreement.
FISCAL IMP ACT: The County is responsible for acquiring and erecting recognition signage at
either end of the roadway segment. The cost of each sign is $75.00. Staff expects to install two
(2) new signs at a total cost of $150.00. Program expenses are budgeted in the Transportation
Services Fund 101.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners recognize the volunteer
group: Gabe the Granite Guy, as the sponsor of the listed roadway and that the Board of County
Commissioners authorize its Chairman to execute one (1) Agreement on behalf of Collier
County.
Prepared by: Erin M Hall, Administrative Secretary, Road & Bridge Maintenance Department
Attachment: Agreement (1)
MEMORANDUM
Date:
March 1, 2007
To:
Erin Hall
Transportation/Road Maintenance
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Adopt-A-Road Agreement
16B 6
Enclosed, please find a copy of the document, as referenced above,
(Agenda Item #16B6) which was approved by the Board of County
Commisssioners on Tuesday, February 27, 2007.
If you should have any questions, please call me at 774-8406.
Thank you.
Enclosure
168 6
COLLIER COUNTY ADOPT -A-ROAD PROGRAM AGREEMENT
Terms and Conditions
~
fk~LlER COUNTY ADOPT-A-ROAD AGREEMENT entered into thi~1 day
of , 20~by and between Collier County (hereinafter the "COUNTY"), and the
volunteer group, Gabe the Granite Guy,(hereinafter the "GROUP"), whose address is 1880 - 19th
Street SW, Naples, Florida, 34117.
WITNESSETH:
WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free
roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely
maintaining a litter-free Collier County; and
WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway
known as Bonita Beach Road, Collier County side, from western end of Bridge at Fish Trap Bay
to end of Bonita Beach Road at the Gulf of Mexico, (the "Adopted Roadway"), acknowledges
the hazardous nature of picking up litter, and agrees to the following terms and conditions:
A. THE GROUP SHALL:
1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway.
2. Perform litter removal on the Adopted Roadway in accordance with the Florida
Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida
Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of
Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of
which by this reference are incorporated herein.
3. Only allow such persons to participate as are determined by the GROUP to be
responsible enough to safely participate in litter removal activities. Participants must be at least
14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors
participating in the litter removal. There shall at all times be at least one person 18 years of age
or older who is on site and responsible for supervising all litter removal activities, with no one at
the site under the age of 14 for any reason.
4. Conduct at least two safety procedure meetings per year for its participating members.
Participants must sign the hold harmless agreement provided by the COUNTY, and attend a
16B 6
safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to
this Agreement.
5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety
meetings.
6. Remove litter during daylight hours only, in good weather conditions only.
7. Pick up litter on one side of the road at a time.
8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on
medians, or where otherwise hazardous to do so.
9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the
pavement.
10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted
Roadway is objectionable.
11. Obtain required supplies and material from the COUNTY.
12 Place traffic control signs supplied by the COUNTY during trash pickup.
13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times
during the litter removal activity. The local maintenance office should be contacted to obtain
safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter
removal activity and return the same when activity is complete.
14. Not wear clothing that will hinder the sight of participants.
15. Coordinate pickup details with the County's project coordinator at least one week prior to
a pickup.
16. Place filled trash bags at the site for pickup and disposal by the COUNTY.
17. After each pickup, the adopting GROUP coordinator will file a report detailing the
number of people involved, number of bags of litter collected, composition and estimate of
recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for
making the reports, and filed with the COUNTY project coordinator.
18. The GROUP is encouraged to separate recyclable materials. All proceeds from
redemption of recyclable materials shall become the property of the Group.
19. Unused materials and supplies furnished by the COUNTY shall be returned to the
COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission,
be retained by the GROUP during the term of this Agreement.
")
168 6
B. THE COUNTY SHALL:
1. Provide safety vests, trash bags, pickup sticks, and traffic control signs.
2. Provide GROUP with an outline pertaining to safety regulations.
3. Remove the filled trash bags as soon as possible after the pickup.
4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to
remove large, heavy or hazardous items.
5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the
area free oflitter.
C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by
either party, with or without cause, on 30 days written notice to the other party. This Agreement
creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is
found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY
may terminate this Agreement effective immediately. The COUNTY reserves the right to
modify or cancel the program at any time. Upon the termination of this Agreement by either
party, the GROUP will immediately return all County-owned materials to the County project
coordinator.
D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify
and hold harmless Collier County and its officers, agents and employees from any claim, loss,
damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group
or by any person performing litter removal as part of the GROUP during the performance of the
Agreement, whether direct or indirect, and whether to any person or property to which Collier
County or said parties may be subject, except that neither GROUP nor any of its members shall
be liable under this provision for damages arising out of injury or damage to persons or property
directly caused or resulting from the sole negligence of Collier County, and its officers,
employees or agents.
"1
168 6
E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in
part without the prior written consent of Collier County.
F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement
between the parties, and may not be modified except by a writing signed by both parties. Any
and all prior understandings between the parties, either oral or written, with respect to the matters
set forth above, have been incorporated and merged into this Agreement, and are otherwise of no
further force or effect. This Agreement is for litter removal activities only. No beautification
activities are authorized by this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of
the date written above.
A TIEST:
DWIGHT E. B.ROC~, Clerk
'I (;!\
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Ov.u ~ O.L .
" . , , ,puty: Clerk
Attest as to a..1~n ~
StQnlturt onlw .
By:
J
GROUP:
ame (print):
Title (print): C-h 11/ i.n-,;:J p...J
Phone # (day): ,;,{ ~, ....:< 8' 9" . ..);7 Y
Phone # (night)~ 3 J . 3' .1>J~ . 2 5 Z I
By:
Approved as to form
and Ie al ufficiency:
Item #
\ to (;tp
~~~;da ~... ~ 1 :-0
Dat~ ~- dg --1)'
Reed .J I
II
1687 PI
MEMORANDUM
Date:
April 12, 2007
To:
Rhonda Cummings, Contract Specialist
Purchasing Department
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Contract No. 06-3999:
"Toll Feasibility Study for the SS Jolley Bridge"
Contractor: Cambridge Systematics, Inc.
Enclosed please find three (3) original contract documents, as
referenced above, (Agenda Item #16B7), approved by the Board of
County Commissioners on Tuesday, February 27, 2007.
An original has been retained in the Minutes and Records Department
and one has also been sent to the Finance Department.
If you should have any questions, please contact me at 774-8406.
Thank you.
Enclosures (3)
MEMORANDUM
h.4r, Rp 16 B7r ,
4Pk ,eftv("/)
~ls.t (J 200,>
,
}f(otr
TO:
FROM:
Wayne Fiyalko
Risk Management Department -) .
Rhonda Cummings, CPPB, Contract Specialis ,~-lJ ~~l1ru~
Purchasing Department ~.. - U
DATE:
April 9, 2007
RE:
Review of Insurance for Contract: 06-3999 "Toll Feasibility Study
for the SS Jolley Bridge"
Contractor: Cambridge Systematics, Inc.
This Contract was approved by the BCC on February 27, 2007; Agenda Item
16.B.7.
Please review the Insurance Certificates for the above-referenced contract
behind the green tab and forward to the office of the County Attorney when
done. Thank you. If you have any questions, please contact me at extension
2667.
dod/RC
~{ loll:> I ~
Q-l't2 ~ ~~~
~~~\l
cc: Don Scott, Trans. Planning
ITEM NO.:
'pA~t 0~~p;i7 t ~
J )UN11' ATTORNtj
FILE NO.:
ROUTED TO:
on01 'lOP I 0 PM 3: 4 I
!.Iil! J i'_"\ .
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
\ \{i".
V\'\\\i c,\.Os.-t
r\ 6 r}\(5
Date:
April 9, 2007
To:
Office of the County Attorney
Attention: Robert Zachary
From: Rhonda Cummings, CPPB, Contract Specialist
Purchasing Department, Extension 2667
Re: Contract: 06-3999 "Toll Feasibility Study for the SS Jolley Bridge"
Contractor: Cambridge Systematics, Inc.
BACKGROUND OF REQUEST:
This contract was approved by the BCC on February 27, 2007;
Agenda Item 16.B.7.
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: Don Scott, Trans. Planning
) I 1 -' /.. ,
/,., _ .1...,'// _I' :._,~",,--_, f-"1")" f://~.:;..f-..?~ /,!I.~/~~{d--f(-
," L/ i ~' '--' ./~ -1:...4--, _," -""c...~_I ..' - l.-"
16 B7 'f
A G R E E M E NT 06-3999
for
Toll Feasibility Study for the SS lollev Bridge
THIS AGREEMENT, made and entered into on this 27th day of February 2007, by and
between Cambridge Systematics, Inc., authorized to do business in the State of Florida,
whose business address is 110 East Broward Boulevard, Suite 1700, Fort Lauderdale, Florida
33301 hereinafter called the "Consultant" and Collier County, a political subdivision of the
State of Florida, Collier County, Naples, hereinafter called the "County":
WITNESSETH:
1. COMMENCEMENT. The Consultant shall commence the work after receipt of the
Notice to Proceed, in the form of a letter from the Contract Manager. The contract shall
be for a 12 month period.
The contract shall be for a one (1) year period, commencing on Fe ~ ;) 7 ") 6tY( and
terminating on r:--t-~ :1-1, ?-.ooJ( ,
The County may, at its discretion and with the consent of the Consultant, extend the
Agreement under all of the terms and conditions contained in this Agreement. The
County shall give the Consultant written notice of the County's intention to extend the
Agreement ter not less than ten (10) days prior to the end of the Agreement term then in
effect.
2. STATEMENT OF WORK. The Consultant shall conduct a toll feasibility study for the
SS Jolley Bridge in accordance with the terms and conditions of RFP #06-3999 and the
Consultant's proposal referred to herein and made an integral part of this agreement.
In the event of a conflict, the Consultant's proposal shall govern.
3. THE CONTRACT SUM. The County shall pay the Consultant for the performance of
this Agreement at the fixed price amount of four hundred eighty one thousand eight
hundred twenty three dollars ($481,823.00), based on the fee set forth in the
Consultant's proposal, subject to Change Orders as approved in advance by the County.
4. NOTICES. All notices from the County to the Consultant shall be deemed duly served
if mailed or faxed to the Consultant at the following Address:
Page I of 58
16 B 7'1
Cambridge Systematics, Inc.
100 Cambridge Park Drive, Suite 400, Cambridge MA 02140
Telephone: 617/354-0167
Attn: Bert Fowle
Fax: 617/354-1542
All Notices from the Consultant to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attn: Steve Carnell, Purchasing/GS Director
Telephone: 239-774-8371
The Consultant and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Service
Agreement must be in writing.
5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Consultant or to constitute the Consultant as
an agent of the County.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Consultant. Payment
for all such permits issued by the County shall be processed internally by the County.
All non-County permits necessary for the prosecution of the Work shall be procured
and paid for by the Consultant. The Consultant shall also be solely responsible for
payment of any and all taxes levied on the Consultant. In addition, the Consultant shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Consultant agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Consultant.
7. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to
use in any manner whatsoever, county facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Consultant
or if the County or its authorized representative shall deem any conduct on the part of
the Consultant to be objectionable or improper, the County shall have the right to
suspend the contract of the Consultant. Should the Consultant fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Consultant further agrees not to commence
Page 2 of 58
1687
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
8. TERMINATION. Should the Consultant be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement immediately for cause; further the County may terminate this
Agreement for convenience with a thirty (30) day written notice. The Co!!:nty shall be
sole judge of non-performance.
9. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination
as to race, sex, color, creed or national origin.
10. INSURANCE. The Consultant shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Consultants; Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of
$1,000,000 for each accident.
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Commercial General Liability and the
Business Auto Liability Policy.
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Consultant during the duration of this Agreement. Renewal
certificates shall be sent to the County thirty (30) days prior to any expiration date.
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Consultant shall insure that all subconsultants comply with the same insurance
requirements that he is required to meet. The same Consultant shall provide
County with certificates of insurance meeting the required insurance provisions.
11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Consultant/Vendor/Consultant shall indemnify and hold harmless Collier County, its
Page 3 of 58
1687
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 the
Consultant/Vendor/Consultant or anyone employed or utilized by the
Consultant/Vendor/Consultant in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other
rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of
Collier County.
12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of the County by the Transportation Planning Department.
13. 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.
14. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Exhibit A, Scope of Services; Insurance Certificate; Exhibit B, Cost Proposal;
Exhibit C, Consultant's Employee Hourly Rate Schedule; Exhibit D, Project Schedule;
Exhibit E, Key Personnel and subConsultants; and Exhibit F, RFP #06-3999 Specifi-
cations/Scope of Services and Addendum/ Addenda.
15. SUBIECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
16. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or
Individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part
III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County
Administrative Procedure 5311. Violation of this provision may result in one or more of
the following consequences: a. Prohibition by the individual, firm, and/ or any employee
of the firm from contact with County staff for a specified period of time; b. Prohibition
by the individual and/ or firm from doing business with the County for a specified
period of time, including but not limited to: submitting bids, RFP, and/ or quotes; and,
c. immediate termination of any contract held by the individual and/ or firm for cause.
17. IMMIGRATION LAW COMPLIANCE: By executing and entering into this
agreement, the Consultant is formally acknowledging without exception or
stipulation that it is fully responsible for complying with the provisions of the
Immigration Reform and Control Act of 1986 as located at 8 U.s.e. 1324, et seq.
Page 4 of 58
1687
and regulations relating thereto, as either may be amended. Failure by the Consultant
to comply with the laws referenced herein shall constitute a breach of this agreement
and the County shall have the discretion to unilaterally terminate this agreement
immediately.
18. VENUE: Any suit or action brought by either party to this Agreement against the
other party relating to or arising out of this Agreement must be brought in the
appropriate federal or state courts in Collier County, Florida, which courts have sole
and exclusive jurisdiction on all such matters.
19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County
encourages and agrees to the successful bidder I proposer extending the pricing, terms
and conditions of this solicitation or resultant contract to other governmental entities
at the discretion of the successful bidder I proposer.
Page 5 of 58
16B7 -.1
IN WITNESS WHEREOF, the Consultant and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first
above written.
ATTEST: .
Dwight LBtock, Clerk of Courts
By: Ciu.u....'~~l, fl.(.
Dat:d;~i;~a lr.an s.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By d,~4f
Ja s Coletta, Chairman
Cambridge Systematics, Inc.
Consultant
By:
Robert E. Taggart, Chief 0 e ling Officer
Jrst Witne
Vldro.J SftW1
iTypej print witn",ss name i
~ \h., J.. lk")~
Second Witness
~ ~{IS '+-.)()f
iType j print witness name i
ROBERT E. TAGGART, CHIEF OPERATING OFFICER
Typed signature and title
Approved as to form and
legal sufficiency:
~777~ 0
,
Assistant County Attorney
Print Name
Item# I~
Agenda 'I _ "1
Date ell Q_ -:01
C;J Ileen 111. weenL
Date tJ::
Rec'd I d ""01
Page 6 of 58
16 B7
EXHIBIT A
SCOPE OF SERVICES
SS loIlev Bridge Toll Feasibilitv Study
Phase 1
The SS Jolley Bridge Toll Feasibility Study would be carried out in two phases. The first
phase would be a preliminary feasibility study, aimed at: 1) estimating the traffic and
revenue potential of the proposed SS Jolley Bridge improvement project under toll
conditions, 2) identifying all potential revenue sources for the project other than tolls, and 3)
providing public information and public presentations to help officials make informed
decisions. If the decision is made to proceed with tolling, the second phase of the study
would build upon the first phase to create a study that could be used to support debt
financing. This scope of work covers Phase 1 only.
The purpose of Phase 1 will be to evaluate the estimated traffic and revenue potential of
tolling the proposed SS Jolley Bridge improvement. The analysis will need to be detailed
enough to be able to estimate the toll rates that might be charged to different types of toll
customers (e.g., residents/non-residents, or other frequent user designations). As a result, it
will be important to collect new data on the characteristics of bridge users. All Florida
Department of Transportation (FDOT) and Federal Highway standards and policies,
including, but not limited to, FDOT's Disadvantaged Business Enterprise Program will be
followed. Details of the proposed scope of work are provided below.
Task 1. Traffic Conditions Data Collection
This task involves collection of data on traffic conditions in the project vicinity:
. Obtain and review any previous studies and existing traffic data, especially seasonal
traffic data and the mix of traffic.
. Conduct new traffic counts during the peak and off-peak season:
o Automatic traffic counts at both the SS Jolley and Goodland Bridges, for a one-
week period, with data summarized to IS-minute time periods.
o Turning movement counts at the SR 951 and North Barfield Drive intersection,
again summarized for IS-minute time periods. These counts will be taken for
two hours in the morning peak and two hours in the evening peak.
. Conduct route reconnaissance and travel-time studies during different times of the day,
and on a weekend day. This will be done during peak season and off-peak season.
Task 2: Origin-Destination and Stated Preference Surveys
We will do two types of surveys of users of the two bridges to Marco Island in two ways:
origin-destination and stated preference. Origin-destination surveys will be used to validate
the travel model and to better understand the demographics and travel characteristics of SS
Page 7 of 58
16 B7
Jolley Bridge users. Stated preference surveys will assess the willingness of people to pay
different levels of toll, given certain travel conditions.
Origin-Destination Surveys - The primary means of survey data collection to obtain
origin-destination information will be the mail-back survey that will be distributed to
intercepted drivers, but because we know that this survey method often produces very low
response rates we propose to include some improvements to the method. First, the field
workers will ask one question of the intercepted drivers, "What is the purpose of your
trip?" Asking this question will provide data that can be used to weight the mail-back
survey responses to address differential rates of participation in the survey.
We will collect the data during both the peak (winter) and off-peak season. The expectation
is that the survey will have a response rate of between 10 and 15 percent. For aggregate totals
this will provide an approximate confidence interval of + / - 5% at a 95% confidence level. To
increase participation, it is recommended that an incentive for returned surveys be offered.
We will work with the County to establish an appropriate incentive for this particular
survey.
For trucks, field workers will record the information provided on the side of the truck, so we
can identify and contact the establishments where the truck is based.
A sampling plan using traffic counts by vehicle type and time of day and accounting for the
practical limits of this type of survey will be developed to capture a statistically significant
sample of vehicles. For planning purposes, we have assumed that four (4) field workers plus
a supervisor at each site will collect data from 7:30 AM to 5:30 PM on one (1) weekday and
each day from Friday to Sunday.
We will work with Collier County staff to design the survey and to identify participants for
the survey. The following information will be collected to determine origin and destination
patterns about residents and visitors to the City of Marco Island:
. Origin (address or closest intersection);
. Destination (address or closest intersection);
. Trip purpose;
. Frequency of trip;
. Vehicle type, i.e., car, pickup, three-axle truck, etc.;
. Which bridge used;
. Roadways used to access the bridges;
. Number of people (including driver) in the car;
. Number of vehicles available to the household;
. Number of workers in the household;
. Seasonal or year-round resident; and
. Annual household income.i
Trucks will be surveyed with these questions:
. Truck type;
Page 8 of 58
1687
. Trailer type;
. Total number of axles;
. Commodities shipped and markets served;
. Origin information (address or closest intersection);
. Destination information (address or closest intersection);
. Where trip began;
. Where trip ended;
. Frequency of trip;
. Attitudinal information (sensitivity to factors such as travel time, reliability, costs, and
time-of-day shifts);
. Which bridge used; and
. Roadways used to access the bridges.
Specific work tasks are:
. Survey planning. This will include:
o Development of a draft survey plan
o One meeting to review the survey design,
o Up to three meetings to review field procedures with Collier County, Marco
Island, and State officials
o Finalizing the survey plan
o Arranging for field employees and police protection
o Printing survey forms
. Survey implementation. We will intercept vehicles that use the SS Jolley Bridge at
intersection of SR 951 and North Barfield Dr.
. Data coding and analysis. We will code the survey responses and expand them to the
full universe of trips using the bridges.
. Documentation. We will document the findings of the surveys in a technical
memorandum that uses charts and maps to enhance readability. Comments on the
draft will be incorporated into the final report.
Stated Preference Surveys
The objective is to collect value-of-time and willingness-to-pay information from the users of
the SS Jolley and Goodland Bridges. The data will help us to perform an elasticity analysis to
examine the relationship between the establishment of tolls on the Jolley Bridge and
Page 9 of 58
1687
increased traffic volumes on the Goodland (CR 92) Bridge. The Stated Preference Surveys
will be incorporated into the Origin and Destination Survey forms to maximize survey
efficiency.
The stated-preference data will be collected by presenting survey respondents with several
choices of hypothetical toll levels, travel times, and travel-time reliability levels for trips on
the SS Jolley Bridge. The stated-preference data also will capture the interest in paying tolls
to use the SS Jolley Bridge and the propensity to shift to the competing nontoll facility
(Goodland Bridge). The stated-preference survey results are used to develop a model which
can predict choices under a specific set of service attributes.
The stated-preference survey will be a sub-element of the larger origin-destination survey
effort. The hypothetical choice experiments will pertain to the respondents' intercepted trips,
so that respondents will be given experiments that are relevant to his or her travel. Data will
be cross referenced so that a wide range of travel market segments is statistically represented
in the sample, including:
. Year-round versus seasonal residents of Marco Island;
. Low-, medium-, and high-income travelers;
. Trip purpose (Home-Based Work, Home-Based Other, and Non-Home-Based); and
In order to ensure that the sample is representative of the population, sample weights will be
developed using census data.
For the truck portion of the SP survey, we propose to re-contact by phone the companies that
are identified in origin-destination survey to obtain the new stated-preference information.
In the initial calls, we will seek to first locate the routing decision-makers for the relevant
trips. These decision-makers may be within trucking companies or may be affiliated with the
shipper, the receiver, or a third party. It may take multiple calls to contact these decision-
makers, but once we do we will request that they complete a web-based or fax survey.
Specific work elements will be:
. Survey planning. This will be done in conjunction with Task 2 planning.
. Survey implementation:
. Data coding.
. Analysis of surveys and choice model building. We will build a choice model based on
the responses of the SP survey.
. Documentation. We will document the findings in a technical memorandum.
Comments on the draft will be incorporated into the final report.
Task 3 Traffic Model Development and TrafficfRevenue Estimates
As indicated in our response to the competitive proposal, we propose to use the Lee-Collier
model simply to identify big-picture trends in growth and changes in traffic conditions, and
leaves the critical toll/ no-toll choice estimating to a spreadsheet-based model. CS will review
the current base year 2000 Lee-Collier model and focus on three key areas for a model
revalidation:
Page 10 of 58
1687 l'
. Simulation of traffic counts from Subtask B.1 on the two bridges to Marco Island;
. Adjustment to match origin-destination trip distribution patterns identified in
surveys; and
Origin and destination survey data will be used to enhance the model as appropriate by
adjusting or replacing the synthetic trips that are in the model, thereby ensuring real world
travel patterns to and from the Island are replicated. Other considerations during
revalidation would include highway network coding (area types, facility types, lanes), zone
centroid connector locations, friction factors, network speeds and capacities, special
generators, airport trips, and procedures used to simulate external travel demand. Also
during validation, travel-time estimates from the model will be compared against estimates
from travel-time surveys of select corridors. Adjustments will be made as needed to reflect
the actual travel times of using the 55 Jolley Bridge versus the Goodland Bridge routing.
Any changes made to the base year model will be duplicated in the future year model.
Future networks also will be reviewed for consistency with the Transportation Improvement
Program (TIP) and the LRTP. The future year traffic forecasts on the two bridges (without
tolls) will be used to estimate traffic growth on the bridges.
We will run a select link assignment on the bridge under toll free conditions and summarize
trip distribution patterns for use within a market share spreadsheet model. The travel model
would be used to determine distribution patterns, traffic growth, and travel times, while the
spreadsheet model could be used to analyze toll rates and pricing structures for multiple
periods of the day, during peak and off-peak seasonal conditions, and for different market
segments.
Note that this approach is designed to maximize our control over the variables that are
important to estimated traffic and revenue on the bridge. We are explicitly not revalidating
the model to reflect conditions on other toll bridges in the region. We are also not planning
to develop time of day capability in the Lee-Collier model. This should eliminate the need
for extensive review of the model by the Lee-Collier model coordinating committee.
We will also conduct a limited review of socioeconomic data in the study area to identify any
concerns we may have about over- or under-stating the traffic and revenue potential on the
bridge. A far more extensive economic evaluation would be undertaken as part of Phase 2.
Using the travel model tools, CS will first analyze toll-free conditions at an assumed opening
year (to be confirmed with Collier County), and at interim years generally five years apart.
For example, if the new span is assumed to be completed by 2012, CS will analyze the years
2017,2022,2027 and the model horizon year of 2030. These intermediate forecast years will
be used to produce the annual traffic and revenue stream needed to determine financial
feasibility.
These toll free analyses would serve as benchmarks of upper limits of demand for the Jolley
Bridge and likely the lower limits of demand for the Goodland Bridge for which to compare
the toll-related volumes. The series of toll free runs also will provide us with the future
traffic growth forecasted to occur between the mainland and Marco Island. This growth
forecast is based upon the socioeconomics and travel patterns of the study area and
specifically to and from Marco Island.
Tolling concepts will be developed and reviewed with Collier County for use in toll analysis.
These concepts will include rate structures for categories that might include:
Page 11 of 58
16 87j.B
. Special rates to encourage use of electronic toll collection
. Resident rates or permits;
. Discounts for carpool/ employer vanpools;
. Special rates for trucks;
. Time-of-day pricing; and
. Free charge for Collier Area Transit vehicles
CS will perform toll sensitivity analysis with these concepts where a range of toll rates will be
tested and toll sensitivity curves developed to display the volume and revenue relationship
to toll rate for the different categories. After discussion of the results from these tests with
Collier County, traffic and revenue will be summarized in more detail for particular chosen
toll rates and/ or toll rate structures that meet the County's needs.
The forecasts will be annualized based on data on seasonal traffic patterns. A 35-year annual
traffic and revenue stream will be estimated by interpolating between modeled years.
Projections of traffic and revenue on tolled facilities have come under increasing scrutiny as
toll projects are becoming more common across the country. Therefore, it is important to
understand and quantify the sensitivity of the model results to changes in the baseline
conditions and the growth of various model components. We propose to evaluate and
quantify the sensitivity of the traffic and toll revenue estimates in relationship to the
underlying assumptions and modeling parameters. The SS Jolley Bridge, similar to other toll
roads, will be sensitive to deviations in future growth, traffic make-up, and value of time
assumptions.
CS suggests sensitivity analysis on the following variables:
. Changes in growth;
. Changes in traffic make-up; and
. Value of time.
Task 4: Engineering Analysis
This would be a limited task aimed at understanding how much it would cost to maintain the
existing bridge to acceptable standards over the next 20 years. PBS&J will obtain available
information from FDOT staff and estimate the flow of funds that would be needed. This task
would also involve estimating the incremental cost of tolling the bridge over a toll-free
bridge in terms of design, construction, maintenance and operations.
Task 5 - Funding Alternatives and Financial Feasibility Analysis
There are two elements to this effort: one is to estimate the financial feasibility of the
proposed toll bridge, and the other is to identify non-toll sources of funding that might be
used to build the bridge.
Financial Feasibility
The main tool in the financial analysis will be a cash flow model that shows the likely amount
and timing of costs (capital, as well as operating), as well as the expected revenue stream.
Pagel2of58
16 B 7 '1
Using this information, along with reasonable assumptions related to financing terms, such
as interest rates and debt service coverage ratio requirements we can evaluate in a
preliminary fashion the extent to which tolls can pay for the capital cost of the project.
The financial model also can be used to test different scenarios of cost, inflation rates, toll
policy, operating policy, and timing of construction. If the finance plan is to include other
revenue sources, these can be included as well.
Funding Alternatives
We will evaluate currently available estimates of transportation resources from a variety of
local, regional, statewide, and national sources, and use this information where appropriate.
We will then forecast the anticipated revenue based on historical records and current data
provided by the Florida DOT and MPO staff
CS staff will investigate the full range of alternative and innovative financing techniques
beyond tolls - including, but not limited to, tax increment financing, State Infrastructure
Bank, transit-oriented developments, public and private partnerships and impact fees. The
alternative financing scenarios that are deemed appropriate by the MPO in cooperation with
Florida DOT will be analyzed in more detail. This analysis will be used to determine if any of
the alternatives financing will be appropriate for the SS Jolley Bridge.
Should any of these alternative sources be recommended to fund projects along the SS Jolley
Bridge, strategies to ensure the availability and commitment of these sources will be included
in the recommendation. These strategies must include a plan of action describing the steps
necessary to enact the sources, including building support and consensus among the
legislature and the voters and determining the monetary impact of as well as identifying the
list of projects that could potentially be funding through the proposed sources. The analysis
will include past success or failure to secure similar funding sources.
Task 6: Public Relations, Attitude Research, and Outreach, and Early Sketch Level Analysis
An important part of this effort will be working with the community to gain consensus on
the best approach to funding a new SS Jolley Bridge. The following efforts will be
undertaken.
Public Relations
Public relations activities will keep the public informed of what is happening with the study.
These activities will be provided for:
. Project newsletter. We have assumed two newsletters over the course of the study -
one near the beginning, and one at the end.
. Project web pages. Our team will develop project web pages that would be linked to
the Collier County website. The content of these web pages would be similar to the
newsletter, and would be updated once during the study.
. Press releases. Three are planned - one at the outset of the study, one in advance of the
outreach activities (see below), and one after the study is complete.
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16B7i'~'
Public Meetings to Explain Findings
Public meetings will be used to present the findings of our study to the public, interested
organizations, and transportation decision makers. The consultant team will present the
findings at up to five venues, on three separate occasions:
. City of Marco Island City Council
. Marco Island Chamber of Commerce
. Collier MPO Board
In addition, consultant staff will attend two sets of meetings of the Collier County MPO's
Technical Advisory Committee and Citizen's Advisory Committee. These meetings occur in
the morning and afternoon of the same day.
The presentations will be made at regular meetings of these bodies, with the aim to get these
bodies to support the recommendations of the study, so that the next phase of work can
proceed (if needed).
As part of this work, we will develop a presentation with speaker notes that could be
delivered by non-consultant staff. Consultant staff will also record comments, and publish a
summary memorandum of the public meetings.
Early Sketch-level Analysis and Public Meeting on Marco Island
The City of Marco Island has requested a public meeting in March to discuss funding
opportunities and initial assessments of toll bridge feasibility. This will be too early in the
study to have findings based on the survey, modeling and engineering work in Tasks 2-4.
However, we will be able to do a sketch-level analysis based on traffic counts and broad
judgment about the diversionary effects of tolls and the amount of construction cost that
those tolls might support.
We will present the results of this sketch-level analysis, plus the elements of Task 5 relating to
alternative funding mechanisms at one public meeting on Marco Island in late March 2007.
Task 7: Meetings, Project management, Quality Control, Final Phase 1 Report,
and Phase 2
Scoping Meetings
We have assumed that CS staff will attend the following meetings in Collier County:
. Project initiation meeting
. Meeting to review findings
. One additional meeting, to be determined
This is in addition to the public meetings and focus groups described in Task 6 and local
coordination meetings that may be needed for CRSPE to facilitate the survey work in Task 2.
Page 14 of 58
16 B7 ij4'
Project Management and Quality Control
Project management activities include monthly progress reports and periodic phone
conversations with Collier County staff. We will also develop and carry out a quality control
plan in accordance with the one submitted in our competitive proposal. This will include
preparation of a project management plan, periodic internal meetings to review assumptions
and findings, and review of documents.
Final Phase 1 Report
We will prepare a draft final report in time for the public meetings. We will incorporate two
rounds of comments to create the final Phase 1 report.
Scoping for Phase 2 (if directed).
If Collier County decides to proceed with Phase 2 of the work, we will develop a scope and
budget for Phase 2 of the work. We anticipate this work to include:
. Detailed evaluation of economic conditions driving traffic growth related to the bridge.
. Refinement of toll schedule and traffic and revenue forecasts.
. Additional sensitivity tests.
. Preliminary toll plaza design.
. Documentation and participation in rating agency meetings.
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16 87 ...'~ 4~
EXHIBIT B
COST PROPOSAL
ITEM LUMP SUM FEE FOR: FEE PAYMENT SCHEDULE
1. Task I - Traffic Conditions Data $20,002.00 Monthly Based Upon % Complete
Collection ofTask I
2. Task 11- Origin - Destination $148,164.00 Monthly Based Upon % Complete
and State Preference Survevs of Task II
3. Task III - Traffic Model $93,155.00 Monthly Based Upon % Complete
Development and of Task III
Traffic/Revenue Estimates
4. Task IV - Engineering Analysis $48,092.00 Monthly Based Upon % Complete
of Task IV
5. Task V - Funding Alternatives $18,274.00 Monthly Based Upon % Complete
and Financial Feasibility of Task V
Analysis
6. Task VI - Public Relations, $90,012.00 Monthly Based Upon % Complete
Attitude Research, and of Task VI
Outreach, and Early Sketch
Level Analysis
7. Task VII - Meetings, Project $64,124.00 Monthly Based Upon % Complete
Management, Quality Control, of Task VII
Final Phase 1 Report and Phase
2 Scoping
TOTAL FEE (Total Items 1-7) $481,823.00
Page 160f58
16871
EXHIBIT C
CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE
APPLICABLE TO ADDITIONAL WORK
Principal $210.00
Project Manager $175.00
Supervising Modeler $130.00
Senior Planner $125.00
Senior Modeler/ Analyst $130.00
Modeler/ Analyst $ 90.00
Document Processor/Graphics $ 70.00
This list is not intended to be all-inclusive. Hourly rate fees for other categories of
professional, support and other services shall be mutually negotiated by the County and firm
on a project by project basis as needed.
Page 17 of 58
EXHIBIT D
PROJECT SCHEDULE
1687
Schedule is based on the number of calendar days from issuance of Notice to Proceed.
1. Task I - Traffic Conditions Data Collection:
2. Task II - Origin - Destination and State
Preference Surveys)
3. Task III - Traffic Model Development and Traffic!
Revenue Estimates:
4. Task IV - En~ineering Analysis:
5. Task V - Funding Alternatives and Financial
Feasibility Analysis
6. Task VI - Public Relations, Attitude Research,
And Outreach, and Early Sketch Level Analysis
7. Task VII - Meetings, Proiect, Quality Control. Final
Phase 1 Report
Page i8 of 58
92 Days
107 Days
153 Days
153 Days
153 Days
322 Days
322 Days
1687
,
1
EXHIBIT E
KEY PERSONNEL, SUBCONSUL T ANTS AND SUBCONTRACTORS
John Kaliski- Principal 11 % estimated
Jeff Bauxbaum- Principal 11 % estimated
Scott Allaire - Project Manager 26% estimated
Robert Schiffer- Supervising Modeler 7% estimated
Kevin Tierney- Supervising Modeler 7% estimated
Michael Williamson- Senior Planner 3 % estimated
Keli Paul- Senior Modeler/ Analyst 15% estimated
Krishnan Viswanathan- Senior Modeler Analyst 15% estimated
Marwan Madi Modeler/ Analyst 33% estimated
Daniel Harris Modeler/ Analyst 33% estimated
Iris Ortiz Modeler/ Analyst 33 % estimated
Juan Zorilla Modeler/ Analyst 33 % estimated
Erika Ferri Document Processor/Graphics 4% estimated
Jennifer Moynihan Document Processor/Graphics 4% estimated
Wil McKee Document Processor/Graphics 4% estimated
Neil Douglas Document Processor/Graphics 4% estimated
Subconsultants
CRSPE
Gravina, Smith & Matte
PBS&J
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16B7
EXHIBIT F
REQUEST FOR PROPOSAL
NUMBER
RFP #06-3999
ColMr County
- ,,--
-
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
TRANSPORT AnON PLANNING - METROPOLITAN PLANNING ORGANIZA nON
TOLL FEASIBILITY STUDY FOR THE
SS JOLLEY BRIDGE
Michael F. Hauer, CPPO, CPPB
Purchasing Acquisition Manager
This proposal solicitation document is prepared in a Microsoft Word 2003 format. Any
alterations to this document made by the proposer may be grounds for rejection of proposal,
cancellation of any subsequent award, or any other legal remedies available to the Collier
County Government.
Page 20 of 58
16B7
LEGAL NOTICE
Pursuant to approval by the County Manager, Sealed Proposals to provide a Toll Feasibility Study
for the SS Jolley Bridge will be received until 3:00 p.m., Naples local time, on September 25, 2006 at
the Collier County Purchasing Department, Purchasing Building" G" , Collier County Government
Complex, 3301 Tamiami Trail East, Naples, Florida 34112.
RFP #06-3999
"Toll Feasibility Study for the SS Jolley Bridge"
Services to be provided shall include, but not be limited to the following: Toll feasibility study, and
if pursued by the Metropolitan Planning Organization, preliminary toll plaza design.
All statements shall be made upon the official proposal form which may be picked up at the office of
the Purchasing Director, and which may be had by qualified consultants.
Collier County does not discriminate based on age, race, color, sex, religion, national origin,
disability or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
BY: ISI Stephen Y. Carnell, c.P.M.
Purchasing & General Services Director
This Public Notice was posted in the Lobby of Purchasing Building "G", Collier County Government
Center on August 23, 2006.
Page 21 of 58
16B7
PROPOSER'S NON-RESPONSE STATEMENT
RFP #06-3999
The sole intent of the Collier County Purchasing Department is to issue solicitations that
are clear, concise, and openly competitive. Therefore, we are interested in ascertaining
reasons for prospective Proposer's not wishing to respond to this solicitation.
If your firm is not responding to this RFP, please indicate the reason(s) by checking any
appropriate item(s) listed below and return this form to Collier County Purchasing
Department, 3301 Tamiami Trail East, Naples, Florida 34112.
We are not responding to this RFP for the following reason(s):
D Services requested not available through our company.
D Our firm could not meet specifications! scope of work.
D Specifications! scope of work not clearly understood or applicable (too vague, rigid, etc.)
D Project too small.
D Insufficient time allowed for preparation of response.
D Incorrect address used. Please correct mailing address:
D Other reason(s):
Name of Firm:
Mailing Address:
City, State, Zip:
Telephone No:
Email:
By:
Signature of Representative
Page 22 of 58
TABLE OF CONTENTS
1) 6
A 6
B 6
C 8
D 9
E 9
F onsiveness" 9
G 10
2) 10
General Description of Specifications or Scope of Work
3) 10
Constraints on the Contractor
4) 11
Contractor's Personnel Requirements
5) 11
Contractor's Responsibilities
6) 15
County's Responsibilities
7) 15
Reporting Requirements
8) 16
County's Right to Inspect
9) 16
Terms and Conditions of Contract
10) 16
General Terms and Conditions
A) 16
Licenses
B) 16
Principals/Collusion
C) 17
Taxes
D) 17
Relation of County
E) 17
Term Contracts
F) 17
Termination
G) 17
Liability
Page 23 of 58
16B7
H) 17
Assignment
l) 17
Lobbying
J) 18
Single Proposal
K) 18
Protest Procedures
L) 18
Public Entity Crime
M) 19
Conflict of Interest
N) 19
Prohibition of Gifts to County Employees
0) 19
Contractual Conditions
11) 19
Instructions for Proposal
A) 19
Compliance with the RFP
B) 20
Acknowledgement of Insurance Requirements
C) 20
Acknowledgement of Bond Requirements
D) 21
Delivery of Proposals
E) 22
Evaluation of Proposals (Procedure)
F) 23
Ambiguity, Conflict, or Other Errors in the RFP
G) 23
Proposal, Presentation, and Protest Hearing Costs
H) 23
Acceptance or Rejection of Proposals
l) 24
Requests for Clarification of Proposals
J) 24
Validity of Proposals
K) 24
Response Format
L) 26
Proposal Selection Committee and Evaluation Factors
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Attachments:
1687
Proposal Checklist
Conflict of Interest Affidavit
Proposer's Qualification Form
Declaration Statement
Insurance Requirements
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Request for Proposals
RFP #06-3999
"Toll Feasibility Study for the SS Jolley Bridge"
1) Introduction/Overview
G) Purpose/Objective
As requested by Collier County Transportation Planning - Metropolitan Planning
Organization (hereinafter, the "MPO", "Division or Department"), the Collier County Board
of County Commissioners Purchasing Department (herein after, ("County") has issued this
Request for Proposal (hereinafter, "RFP") with the sole purpose and intent of obtaining
proposals from interested and qualified transportation planning, engineering and finance
firm or project team offering to conduct a toll feasibility study for the SS Jolley Bridge
(hereinafter, "Bridge") in accordance with the specifications stated and/ or attached
herein/hereto. The successful proposer will hereinafter be referred to as the "Contractor".
If awarded, a contract to provide these services will be effective on the date contract is
approved by the Board of County Commissioners and the MPO Board, signed by all required
parties and filed in the Office of Records and Minutes. Unless changed by the County, the
anticipated contract term for the completion of the toll feasibility study and toll plaza
preliminary design phase is twelve (12) months from the Notice to Proceed. However, the
contract period shall be established to allow for the compilation of final follow-up
documentation.
A significant, but not sole basis of award will be that the Contractor will commit
contractually to provide the specific services in accordance with requirements from the
County.
As is more fully explained in Section 11, Subsection L of this RFP, an award, if made, will be
made to the best overall proposer whose proposal is most advantageous to the County,
taking into consideration the evaluation factors set forth in this RFP. The County will not use
any other factors or criteria in the evaluation of the proposals received.
B) Background
The SS Jolley Bridge on State Road 951 spans the Marco River between the City of Marco
Island and unincorporated Collier County, Florida. The State Road/County Road 951
corridor provides the only direct link between Marco Island and Interstate 75 as one of only
two access points onto the island. With the exception of the Bridge, SR/CR 951 is a multi-lane
corridor between Golden Gate Boulevard and the southern tip of Marco Island, a distance of
approximately 20 miles.
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In order to eliminate the two-lane bottleneck that is created by the Bridge, the MPO has
included the addition of a second span on its list of unfunded priority projects for State and
Federal funding since at least 1992. The second Bridge was the Number Two (2) ranked
project on this list between 2001 and 2004.
When construction funding for the MPO's top priority project during that period (six-laning
of SR 84 between Santa Barbara Boulevard and CR 951) was programmed in FOOT's Draft
Tentative Work Program for Fiscal Years 2005/06-2009/10, repayment of a loan obtained through
the Florida Department of Transportation's (FDOT) Toll Facilities Revolving Trust Fund
became the MPO's top priority in February 2005 for funding that would become available in
FY 2010/2011. The construction phase of the second Bridge continued to be identified as the
MPO's Number Two (2) priority project in the summer 2005.
The latest cost estimate for the second span, with the replacement of the current span, is
between $38-40 million. Since Collier County's "fair share" allocation of State and Federal
Surface Transportation Program funding decreased from its traditional $8 million level to
perhaps as low as $4 million annually, the MPO, County and City of Marco Island are
concerned with the amount of time that it will take to accumulate the necessary dollars to
fully fund project construction. Furthermore, construction and a portion of the right-of-way
funding for the SR 84 six-laning project were removed from FDOTs Work Program in 2005,
meaning that approximately $35 million from Collier's new fair share allocation would now
be needed to maintain SR 84's status in the Work Program, exacerbating the MPO's concerns
regarding the timing of the Bridge project. The City, County and MPO are seeking creative
options to expedite the construction of a second span for the Bridge, including the
establishment of tolls.
Tolling the SS Jolley Bridge is a very viable option that is being pursued by local
stakeholders to fund the construction of a second bridge span and the replacement of the
existing two-lane span, built in 1969. This bridge once had a toll of approximately ten
cents, which was discontinued in the early 1980s. A $1 million loan from the Toll
Facilities Revolving Trust Fund for the proposed toll feasibility study/toll plaza
preliminary design will give local policy makers the necessary information to proceed
with tolling this bridge, advancing construction of the second span forward from
approximately 2025-the current construction schedule under a best-case funding
scenario. The second span of the SS Jolley Bridge will have the following positive
impacts:
1. Congestion Relief: The SR/CR 951 corridor serves as the primary means of ingress/egress
for the City of Marco Island, which has a permanent population of over 15,000 and a peak
seasonal population of approximately 35,000 residents. In 2003, the SS Jolley Bridge
carried an Annual Average Daily Traffic volume of 25,500 vehicles. Average daily
volumes increase to nearly 30,000 vehicles during the peak season. As seen in the attached
photographs, this volume creates very congested conditions with back-ups being a
common occurrence. Congestion becomes even more problematic when crashes or
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breakdowns occur on or near the Bridge, since no auxiliary lanes exist to move traffic
around and accident scene or breakdown.
2. Hurricane Evacuation Route Capacity: Providing safe and effective evacuation routes for
residents and visitors is of paramount importance to local officials and the need for such
facilities was demonstrated repeatedly during the 2004 and 2005 Hurricane Seasons.
Depending on the nature/landfall of a hurricane, the entire City of Marco Island would
be subject to mandatory evacuations under Tropical Storm or Category One hurricane
events. CR 92, the only other evacuation route off of Marco Island, is only a two-lane
facility for its entire nine-mile length to US 41.
3. Other Travel Options Implemented: In July 2004, Collier Area Transit began operating
its Marco Island Circulator between the US 41/SR 951intersection and Marco Island
resorts. The Circulator route connects with an express route to Immokalee (aimed at
transporting service workers to/ from Marco Island) and the remainder of the CAT fixed-
route system. The Circulator route offers an alternative means to reach Marco Island;
however, it is also negatively impacted by back-ups on the Jolley Bridge. The construction
of a second span will help improve route run times onto and off of Marco Island and will
help make transit a more viable option in this corridor.
C) Inquiries
Direct questions related to this RFP to Michael F. Hauer, and submit such questions in
writing. Please include the RFP, page, and paragraph number for each question in order to
ensure that questions asked are responded to correctly.
If you mail the questions to Mr. Hauer at the Collier County Purchasing Department, allow
sufficient time for receipt and response to questions. Additionally, do not place the RFP
number on the outside of the envelope containing questions, as it may be improperly
identified as an envelope with a sealed proposal response and may not open it until the
official RFP response close date.
It is preferable that all prospective proposers send all questions either by email or fax to Mr.
Hauer, email address: MikeHauer@Colliergov.net, fax number (239) 530-6699.
Proposers must clearly understand that the only official answer or position of the County
will be the one stated in writing. For any and all general questions, please call Mr. Hauer at
(239) 774-8965.
D) Method of Source Selection
The County is using the Competitive Sealed Proposals methodology of source selection for
this procurement, as authorized by Ordinance Number 87-25, and Collier County Resolution
Number 97-435 establishing and adopting the Collier County Purchasing Policy.
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Awards, if made, will be made to best overall Proposer(s) whose proposal(s) is/ are the most
advantageous to the County, taking into consideration quality set forth and the other factors
set forth in this RFP. The County will not use any other factors or criteria in the evaluation of
proposal responses received.
The County may, as it deems necessary, conduct discussions with responsible Proposers
determined to be reasonably susceptible of being selected for award for the purpose of
clarification to assure full understanding of, and responsiveness to solicitation requirements.
E) Pre-Proposal Conference (Not Applicable)
F) Minimum (General) Criteria the County will use to determine the "Responsiveness" of
each Proposer:
. The ability, capacity and skill of the proposer to perform the contract.
. The ability of the proposer to perform the contract within the time required or the
least time, if appropriate, without delay or interference.
. The experience and efficiency of the proposer.
. The quality and performance of previous contracts awarded to the proposer.
. The precious and existing compliance by the proposer with laws and ordinances
relating to the contract.
. The quality, availability and adaptability of the commodities or contractual
services to the particular use required.
. If applicable, the ability of the proposer to provide future maintenance and service.
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G) Projected Timetable
The following projected timetable should be used as a working guide for planning purposes
only. The County reserves the right to adjust this timetable as required during the course of
the RFP rocess.
royal Date
Au ust 23, 2006
Se tember 11, 2006
Se tember 25, 2006
TBD
TBD
TBD
TBD
TBD
TBD
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2) General Description of Specifications or Scope of Work
The Contractor, at a minimum, must achieve the requirements of the Specifications or Scope
of Work stated herein. Additionally, Proposers may also propose alternate solutions to
achieve the requirements of the Scope of Work.
3) Constraints on the Contractor
These constraints include:
The successful project consultant will complete the subject toll-feasibility study component
by April 30, 2007. This study will include an extensive public involvement program that will
provide information on the study and obtain feedback throughout its duration. Based on
public feedback and technical analyses, a fee schedule can be developed and implemented to
maximize the toll receipts that would be used to finance the construction of a second span.
The Consultant shall follow all Florida Department of Transportation (FDOT) and Federal
Highway standards and policies, including, but not limited to, FDOT's Disadvantaged
Business Enterprise (DBE) Program.
The Consultant will be required to conduct night and! or weekend meetings to do the
essential public involvement throughout this project.
4) Contractor's Personnel Requirements
These requirements include:
. The Consultant shall assign a project manager that has experience in performing Toll
Feasibility Studies for other jurisdictions.
. The assigned project manager shall be the main presenter at public meetings.
5) Contractor's Responsibilities
It shall be understood and agreed that any and all services shall comply fully with all Local,
State and Federal laws and regulations.
The successful project consultant will demonstrate an understanding of existing local,
regional, and State plans such as the 2030 Long-Range Transportation Plan, 2005-2016
Transit Development Plan and 2025 Florida Transportation Plan. This project and any
recommendations resulting from it must be consistent with these plans.
These requirements include the following project components:
A. Public Outreach and Information
A program will be developed to provide information concerning the toll-feasibility
study to the residents and business owners of Marco Island and Collier County, as
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well answer questions that arise as the study moves forward. This program will also
provide a mechanism for communication to the Marco Island City Council, Collier County
Board of County Commissioners and Collier Metropolitan Planning Organization.
Techniques that shall be employed in the public information program, include, but are
not limited to the:
. Development of a project Web site to communicate information and receive
direct input from community.
. Development of a speaker's bureau with PowerPoint presentation to elected
policy boards, chambers of commerce, homeowners associations, local service
organizations and other organized groups.
. Establishment of Steering Committee to review, comment and provide
recommendations on technical memoranda and information developed at key
points during this study. This Steering Committee shall include representatives
from the MPO's Technical Advisory Committee and citizen and business
appointments made by the Collier County Board of County Commissioners and
Marco Island City Council.
. Establishment of talking points to be provided to City, County and MPO staff
to address questions that are raised regarding the need for this study.
. Delivery of regular presentations to City Council, County Commission, MPO
Board, MPO Technical Advisory Committee, MPO Citizen Advisory
Committee and MPO Intelligent Transportation System/Congestion
Managements System (ITS/CMS) Committee.
. Conduct two (2) separate kickoff meetings. One (1) for the citizens of Marco
Island and one (1) for the Marco Island Business Community.
Information to be distributed to the public through this program includes the
following:
. Need for the SS Jolley Bridge Toll Feasibility Study.
. Fee schedule scenarios that are under consideration, including how those
schedules will affect the typical motorist and timeframe of bridge construction.
. Other funding sources being pursued to expedite the construction of the SS
Jolley Bridge improvement.
B. Technical Analysis - Development of Fee Schedule Scenarios
The MPO's adopted 2030 Long-Range Transportation Plan "Constrained" and 2015 Mid-
Range transportation model networks will form the basis of this study's technical
analyses. Since the models' toll modules were not activated during the 2030 LRTP
update, the 2030 Constrained and 2015 Mid-Range toll models will be required to be
validated, using the toll modules. The project consultant will be required to receive
feedback and input from the Florida Turnpike Enterprise throughout the duration of
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this project to ensure consistency with FTE's established analysis techniques. Since the
Collier MPO's transportation demand model is a joint regional model with the Lee
County MPO, the re-validated model must be reviewed by and receive the acceptance
of a model coordinating committee containing staff members from the Lee County
MPO, Lee County government and the Florida Department of Transportation.
These modeling exercises will be used to determine the positive and negative short-
and long-term impacts of the instituting tolls on the 55 Jolley Bridge, the optimal
timeframe for the implementation of these tolls and the most appropriate fee
schedules that should be developed.
In order to determine the feasibility of tolls on the 55 Jolley Bridge, the project
consultant must first conduct an elasticity analysis to examine the relationship
between the establishment of tolls on the Jolley Bridge and increased traffic volumes
on the Goodland (CR 92) Bridge.
In particular, the elasticity analysis must include the following elements:
. A determination of the amount of traffic that will be diverted to the Goodland
Bridge (CR 92) if tolls are implemented on the Jolley Bridge, at any level.
. A determination of the optimal fee schedule for the Jolley Bridge, which does
not degrade the levels of service on the Goodland Bridge and the" constrained"
section of US 41 (6L Farm Road to CR 92) to unacceptable levels.
. A recommendation regarding the effectiveness of tolls on the Jolley Bridge,
with the Goodland Bridge continuing to be operated as a free facility.
The successful project consultant must be qualified to conduct the crucial, financial-
grade analysis that will determine if the establishment of tolls will adequately fund the
construction of two new spans for the 55 Jolley Bridge and the amount of time this
project could be advanced compared with its schedule if dependent on traditional
funding sources. This financial analysis must consider the volume reduction that can
be expected on the Jolley Bridge with the establishment of tolls, as determined from
the elasticity analysis noted above. This financial analysis must yield a total dollar
amount that will likely be needed to finance new bridge, inclusive of any interest/ debt
service or other financial charges that can be expected and an aggressive inflation
factor for construction; a determination if/when tolls could be discontinued; and an
analysis of other future corridor improvements that could be financed with future toll
receipts.
The project consultant will be required to establish a fee schedule for the Jolley Bridge
that includes rates for the following categories:
. Resident rates/ permits.
. Discounts for carpool/ employer vanpools.
. Special rates for trucks.
. Variable pricing according to time of day.
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. Free charge for Collier Area Transit vehicles.
. Special programs identified as being important by local residents and business
community.
C. Implementation of Tolls
The project consultant will be required to identify the most appropriate mechanisms
through which the establishment of tolls would be approved by the local electorate or
elected officials.
Options to be explored include the following:
. Through voter referendum.
. Through legislative action.
. Concurrent action by Board of County Commissioners and Marco Island City
Council.
. Other.
The project consultant will be required to supply the Collier MPO with a Technical
Memorandum containing "best practices" that have been implemented by local and
regional agencies around Florida and the country.
D. Administrative structure for Operation of Bridge and Collection of Tolls
This study component is very closely related to the actions to be pursued under
Section C. The 55 Jolley Bridge is currently owned and maintained by the Florida
Department of Transportation; therefore, the Florida Turnpike Enterprise shall be
contacted to determine its interest in operating and administering the collection of tolls
on the Jolley Bridge.
In 2005, the Lee and Collier County Board of County Commissioners voted to enact
State Legislation that authorizes the creation of the Southwest Florida Expressway
Authority (SWFEA). While the focus of the SWFEA is the establishment of toll
lanes within the Interstate 75 envelope between Alligator Alley and the
Caloosahatchee River, this agency is eligible to administer the collection of tolls for the
Jolley Bridge.
The selected project consultant will be required to evaluate and recommend the best
agency structure to administer the collection of tolls, including those agencies noted
above or any new bridge authority that could also serve this function.
E. Other Available Funding Sources for Tolley Bridge
The project consultant will be required to seek out and propose alternative State and
Federal funding sources that could fund all or part of the needed Jolley Bridge
expansion project, in lieu of tolls. This study component will either confirm that tolls
are the only current funding option for the Jolley Bridge improvements or provide
the MPO staff will additional funding sources that should be pursued to fund all or
part of these improvements. A Technical Memorandum shall be prepared, which
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details these funding sources, the amounts that are available, funding application
cycles and other pertinent details.
F. Preliminary Design of Toll Plaza
At the completion of the toll feasibility study component of this project, the Collier
MPa Board, Board of County Commissioners and the Marco Island City Council
will be required to formally take a position on the establishment of tolls on the
Jolley Bridge. If these policy boards do support the establishment of tolls, then the
project consultant will be required to develop a preliminary design of the toll plaza,
including the following components that will lead to an environmental class of action:
. Number of toll lanes/booths (based on fee schedule from feasibility study).
. Placement of toll plaza to provide ample stacking/merge areas.
. Selection of toll collection methods.
. Configuration of toll plaza to accommodate both manual and electronic toll
collection methods, with special emphasis on electronic toll collection.
. Identification of permitting "red flags" that could arise.
If Collier County and the City of Marco Island choose to not support the
establishment of tolls, then the MPa Board will be asked to end this project at any
point within the project timeline.
6) County's Responsibilities
These requirements include:
. The County will provide the adopted models and any supporting long range plan
documents.
. The County will provide existing traffic counts and socio-economic data.
7) Reporting Requirements
The Consultant shall provide bi-weekly progress reports to the Collier County MPa and the
City of Marco Island. The format of these progress reports and contact information will be
outlined at the kick-off meeting.
The Consultant shall provide one hundred (100) copies of each of the following documents
for distribution to the Collier County MPa Advisory Committees, Collier County MPa
Board, and the City of Marco Island City Council:
. Each Technical Memorandum
. Each Executive Summary
. The Final Report
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Electronic versions of these documents will also be required.
8) County's Right to Inspect
The County or its authorized Agent shall have the right to inspect the Contractor's
facilities/ project site during and after each work the Contractor is performing assignment.
9) Terms and Conditions of Contract
A contract resulting from this RFP shall be subject to the terms and conditions set forth in
Collier County's standard five page Agreement. The County reserves the right to include in
any contract document such terms and conditions, as it deems necessary for the proper
protection of the rights of Collier County. A sample copy of this contract is available upon
request.
10) General Terms and Conditions
A. Licenses
The Contractor is required to possess the correct occupational license, professional license,
and any other authorizations necessary to carry out and perform the work required by the
project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules
and regulations of any kind.
If required and/ or requested, copies of the required licenses must be submitted with the
proposal or bid response indicating that the entity proposing, as well as the team assigned to
the County account, are properly licensed to perform the activities or work included in the
contract documents. A Contractor, with an office within Collier County is also required to
have an occupational license.
If you have questions regarding required professional licenses, contact Contractor Licensing,
Community Development and Environmental Services, (239) 430-2400. Questions regarding
Occupational licenses, contact Tax Collector's Office, (239) 434-4600.
B. Principals/Collusion
By submission of this Proposal, the undersigned, as Proposer, does declare that the only
person or persons interested in this Proposal as principal or principals is/ are named therein
and that no person other than therein mentioned has any interest in this Proposal or in the
contract to be entered into; that this Proposal is made without connection with any person,
company or parties making a Proposal, and that it is in all respects fair and in good faith
without collusion or fraud.
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C. Taxes
Collier County is exempt from Federal Excise and State of Florida Sales Tax. Collier County
Use Tax Certificate Number is 85-8012621830C-2.
D. Relation of County
It is the intent of the parties hereto that the successful Proposer shall be legally considered as
an independent contractor, and that neither he nor his employees shall, under any
circumstances, be considered servants or agents of the County, and that the County shall be
at no time legally responsible for any negligence on the part of said successful Proposer, his
servants or agents, resulting in either bodily or personal injury or property damage to any
individual, firm, or corporation.
E. Term Contracts
If funds are not appropriated for continuance of a term contract to completion, cancellation
will be accepted by this Contractor on thirty (30) days prior written notice.
F. Termination
Should the contractor be found to have failed to perform his services in a manner satisfactory
to the County, the County may terminate this Agreement immediately for cause; further the
County may terminate this Agreement for convenience with a seven (7) day written notice.
The County shall be sole judge of non-performance.
G. Liability
The Contractor will not be held responsible for failure to complete contract due to causes
beyond its control, including, but not limited to, work stoppage, fires, civil disobedience,
riots, rebellions, acts of Nature and similar occurrences making performance impossible or
illegal.
H. Assignment
The Contractor(s) shall not assign, transfer, convey, sublet or otherwise dispose of this
contract, or of any or all of its rights, title or interest therein, or his or its power to execute
such contract to any person, company or corporation without prior written consent of the
County .
1. Lobbying
All firms are hereby placed on NOTICE that the Board of County Commissioners does not
wish to be lobbied, either individually or collectively about a project for which a firm has
submitted a Proposal.
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Firms and their agents are not to contact members of the County Commission for such
purposes as meeting or introduction, luncheons, dinners, etc. During the process, from
Proposal closing to final Board approval, no firm or their agent shall contact any other
employee of Collier County in reference to this Proposal, with the exception of the
Purchasing Director or his designee(s). Failure to abide by this provision may serve as
grounds for disqualification for award of this contract to the firm.
J. Single Proposal
Each Proposer must submit the Proposal Form included in this RFP. Only one proposal from
a legal entity as a primary will be considered. A legal entity that submits a proposal as a
primary or as part of a partnership or joint venture submitting as primary may not then act as
a sub-consultant to any other firm submitting under the same RFP. If a legal entity is not
submitting as a primary or as part of a partnership or joint venture as a primary, that legal
entity may act as a sub-consultant to any other firm or firms submitting under the same RFP.
All submittals in violation of this requirement will be deemed non-responsive and rejected for
further consideration.
K. Protest Procedures
Any actual or prospective Proposer to a Request for Proposal, who is aggrieved with respect
to the former, shall file a written protest with the Purchasing Director prior to the due date
for acceptance of Proposals. All such protests must be filed with the Purchasing Director no
later than 11:00 a.m. Collier County time on the advertised date for the acceptance date for
the Request for Proposals. The Board of County Commissioners will make award of contract
in public session.
Award recommendations will be posted outside the offices of the Purchasing Department on
Wednesdays and Thursdays. Any actual or prospective respondent 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 County 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
and will be given instructions as to the form and content requirements of the formal protest.
A copy of the "Protest Policy" is available at the office of the Purchasing Director.
L. Public Entity Crime
A person or affiliate who has been placed on the convicted vendor list following a conviction
for public entity crime may not submit a Proposal on a contract to provide any goods or
services to a public entity, may not submit a Proposal on a contract with a public entity for
the construction or repair of a public building or public work, may not submit Proposals on
leases of real property to a public entity, may not be awarded or perform work as a
contractor, supplier, or subcontractor 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.
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287.017 for Category Two for a period of thirty-six (36) months from the date of being placed
on the convicted vendor list.
M. Conflict of Interest
Proposer shall complete the Conflict of Interest Affidavit included as an attachment to this
RFP document.
Disclosure of any potential or actual conflict of interest is subject to County staff review
and does not in and of itself disqualify a firm from consideration. These disclosures are
intended to identify and or preclude conflict of interest situations during contract selection
and execution.
N. Prohibition of Gifts to County Employees
No organization or individual shall offer or give, either directly or indirectly, any favor, gift,
loan, fee, service or other item of value to any County employee, as set forth in Chapter 112,
Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County
Administrative Procedure 5311. Violation of this provision may result in one or more of the
following consequences: a. Prohibition by the individual, firm, and/ or any employee of the
firm from contact with County staff for a specified period of time; b. Prohibition by the
individual and/ or firm from doing business with the County for a specified period of time,
including but not limited to: submitting bids, RFP, and/ or quotes; and, c. immediate
termination of any contract held by the individual and/ or firm for cause
O. Contractual Conditions
All Proposers submitting to this RFP will be required, if selected to perform the work, to
execute an Agreement within twenty one (21) days of Notice of Selection for Award. Failure
to do so may result in the automatic termination of negotiations with the top-ranked firm and
move to the second-ranked firm. Likewise, should the second-ranked firm not be in a
position to enter and execute the Agreement within twenty one (21) days, negotiations will be
initiated with the successive ranked firm.
The process will continue until such time as an agreement has been reached. The agreement
will then be returned to the BCC for final approval and execution by the BCC Chairman.
11) Instructions for Proposal
A) Compliance with the RFP
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Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of
the RFP may result in disqualification.
B) Acknowledgment of Insurance Requirements
By signing the Insurance Requirements included in this RFP, Proposer acknowledges these
conditions include Insurance Requirements.
It should be noted by the Proposer that, in order to meet the County's requirements, there
may be additional insurance costs to the Proposer's firm. It is, therefore, imperative that the
proposer discuss these requirements with the Proposer's insurance agent, as noted on the
Insurance Check List, so that allowances for any additional costs can be made by the
Proposer.
The Proposer's obligation under this provision shall not be limited in any way by the agreed
upon contract price, or the Proposer's limit of, or lack of, sufficient insurance protection.
Proposer also understands that the evidence of required insurance may be required within
five (5) business days following notification of its offer being accepted; otherwise, the County
may rescind its acceptance of the Proposer's proposal.
The specific insurance requirements for this solicitation are:
Commercial General Liability =
Business Automobile Insurance =
Professional Liability Insurance =
$1,000,000
$ 500,000
$1,000,000
C) Acknowledgment of Bonding Requirements (If Applicable)
By signing its proposal, and if applicable, Proposer acknowledges that it has read and
understands the bonding requirements for this proposal. Requirements for this solicitation
are checked. (NO BONDS ARE REQUIRED)
D Proposal Bond: Submitted with proposal response in the form of certified funds, cashiers'
check, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made
payable to the CoJlier County Board of County Commissioners. Checks received for
Proposers not receiving an award will be returned upon the completion of the evaluation and
award process. The check from Proposers receiving an award will be retained until the
completion of the contract process.
D Performance and Payment Bonds: Submitted with the executed contract by Proposers
receiving award, and written for 100% of the Contract award amount, the cost borne by the
Proposer receiving an award.
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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 be rated as " A-" or better as to general policy holders rating and Class V or
higher rating as to financial size category and the amount required shall not exceed 5% of the
reported policy holders surplus, all as reported in the most current Best Key Rating Guide,
published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038.
Should the contract amount be less than $500,000, the requirements of Section 287.0935, F.5.
shall govern the rating and classification of the surety.
All performance security under the subsequent contract shall be in force throughout the final
completion and acceptance of the project awarded.
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 another bond and surety, both of which shall be subject to
the Owner's approval.
D) Delivery of Proposals
All proposals are to be delivered before 3:00 p.m., Naples local time, on or before
September 25, 2006 to:
Collier County Board of County Commissioners
Purchasing Department
3301 Tamiami Trail East, Bldg. "G"
Naples, Florida 34112
Attn: Michael F. Hauer, CPPO, CPPB
The County will not accept any proposals received after the stated date and time, and shall
return such late proposals to the Proposer, or file the response unopened until an award is
made. In instances where proposer has not picked up or make arrangements for proposal
return, proposals will be destroyed or recycled.
The County shall not bear the responsibility for proposals delivered to the Purchasing
Department past the stated date and/ or time indicated, or to an incorrect address by
proposer's personnel or by the proposer's outside carrier. However, the Purchasing/General
Services Director, or designee, shall reserve the right to accept the tardy submission of the
proposal due to the following circumstances, which shall include but not be limited to:
. late delivery by commercial carrier such as Fed Ex, UPS, DHL, or courier where
delivery was scheduled before the deadline; and
. The acceptance of said proposal does not afford any competing firm an unfair
advantage in the selection process.
Page 41 of 58
1687
Proposers must submit one (1) designated original and five (5) numbered exact copies of the
proposal (total of 6). Additionally, but not mandatory, one (1) proposal submitted on a CD-
ROM in Microsoft Word format is requested.
Proposals will be opened publicly in a manner to avoid public disclosure of contents;
however, only names of proposers will be read aloud.
List the Proposal Number on the outside of the box or envelope and note "Request for
Proposal enclosed."
E) Evaluation of Proposals (Procedure)
Collier County will evaluate and select Engineering Services in accordance with Florida
Statute 287.055, Consultant Competitive Negotiation Act.
The County's procedure for selecting is as follows:
1. The County Manager shall appoint a Selection Committee to review all proposals
submitted.
2. Request for Proposals.
3. Subsequent to the closing of proposals, the Purchasing Agent and Project Manager
shall review the proposals received and verify whether each proposal appears to be
minimally responsive to the requirements of the published RFP. In instances where
both the Purchasing Agent and Project Manager be appointed to the committee as
voting members, such meetings shall be open to the public and the Purchasing Agent
shall publicly post prior notice of such meeting in the lobby of the Purchasing Building
at least one (1) day in advance of all such meetings.
4. The committee members shall review each Proposal individually and score each
proposal based on the evaluation criteria stated herein.
5. Prior to the first meeting of the selection committee, the Purchasing Agent will post a
notice announcing the date, time and place of the first committee meeting. Said notice
shall be posted in the lobby of the Purchasing Building not less than three (3) working
days prior to the meeting. The Purchasing Agent shall also post prior notice of all
subsequent committee meetings and shall endeavor to post such notices at least one
(1) day in advance of all subsequent meetings.
Page 42 of 58
16B7
6. The committee will compile individual rankings for each proposal to determine
committee recommendations. The committee may at their discretion, schedule
presentations from the top-ranked firm(s). The final recommendation will be decided
based on review of scores and consensus of committee.
7. Contracts shall be negotiated with one (1) or more of the top ranked firms in
accordance with F.5. 287.055. Upon the successful completion of negotiations,
contracts will be presented to the Board of County Commissioners for approval.
The County reserves the right to request that the Purchasing Agent withdraw this RFP at any
time and for any reason, and to issue such clarifications, modifications, and/ or amendments
as it may deem appropriate.
Receipt of a proposal by the County or a submission of a proposal to the County offers no
rights upon the Proposer nor obligates the County in any manner.
Acceptance of the proposal does not guarantee issuance of any other governmental
approvals. Proposals, which include provisions requiring the granting of zoning variances,
shall not be considered.
F) Ambiguity, Conflict, or Other Errors in the RFP
If a Proposer discovers any ambiguity, conflict, discrepancy, omission, or other error in the
RFP, Proposer shall immediately notify the Purchasing Agent, noted herein, of such error in
writing and request modification or clarification of the document. The Purchasing Agent will
make modifications by issuing a written revision and will give written notice to all parties
who have received this RFP from the Purchasing Department.
The Proposer is responsible for clarifying any ambiguity, conflict, discrepancy, omission, or
other error in the RFP prior to submitting the proposal or it shall be waived.
Page 43 of 58
16B7
G) Proposal, Presentation, and Protest Hearing Costs
The County will not be liable in any way for any costs incurred by any proposer in the
preparation of its proposal in response to this RFP, nor for the presentation of its proposal
and/ or participation in any discussions, negotiations, or, if applicable, any protest hearings.
H) Acceptance or Rejection of Proposals
The right is reserved by the County to waive any irregularities in any proposal, to reject any
or all proposals, to re-solicit for proposals, if desired, and upon recommendation and
justification by Collier County to accept the proposal which in the judgment of the County is
deemed the most advantageous for the public and the County of Collier.
Any proposal which is incomplete, conditional, obscure or which contains irregularities of
any kind, may be cause for rejection of the proposal. In the event of default of the successful
Proposer, or his refusal to enter into the Collier County contract, the County reserves the
right to accept the proposal of any other Proposer or to re-advertise using the same or
revised documentation, at its sole discretion.
I) Requests for Clarification of Proposals
Requests by the Purchasing Agent to a proposer(s) for clarification of proposal(s) shall be in
writing. Proposer's failure to respond to request for clarification may deem proposer to be
non-responsive, and may be just cause to reject its proposal.
J) Validity of Proposals
No Proposal can be withdrawn after it is filed unless the Proposer makes his request in
writing to the County prior to the time set for the closing of Proposals. All proposals shall be
valid for a period of one hundred twenty (120) days from the submission date to
accommodate evaluation and selection process.
Page 44 of 58
1687
K) Response Format
The proposal shall be deemed an offer to provide services to Collier County. In submitting a
proposal, the Proposer declares that he/ she understands and agrees to abide by all
specifications, provisions, terms and conditions of same, and all ordinances and policies of
Collier County. The Proposer agrees that if the contract is awarded to him/her, he/ she will
perform the work in accordance with the provisions, terms and conditions of the contract.
To facilitate the fair evaluation and comparison of proposals, all proposals must conform to
the guidelines set forth in this RFP.
Any portions of the proposal that do not comply with these guidelines must be so noted and
explained the Acceptance of Conditions section of the proposal. However, any proposal that
contains such variances may be considered non-responsive.
Proposals should be prepared simply and economically, providing a straightforward concise
description of the Proposer's approach and ability to meet the County's needs, as stated in
the RFP. All copies of the proposal should be bound and tabbed, preferably in a three (3) ring
binder for uniformity and ease of handling. The utilization of recycled paper for proposal
submission is strongly encouraged.
The items listed below shall be submitted with each proposal and should be submitted in the
order shown. Each section should be clearly labeled, with pages numbered and separated by
tabs.
Page 45 of 58
16 B7
Failure by a proposer to include all listed items may result in the rejection of its proposal.
1) Tab I, Management Summary
Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying
philosophy of the firm in providing the services stated herein. Include the name(s), telephone
number(s), and email(s) of the authorized contact person(s) concerning proposal. Submission
of a signed Proposal is Proposer's certification that the Proposer will accept any awards made
to him as a result of said submission of the terms contained therein.
2) Tab II, Business Plan
In this tab, include:
. Description of the proposed contract team and the role to be played by each member
of the proposed team.
. Detailed plan of approach (including major tasks and sub-tasks).
. Detailed time line for completion of the project.
. Include with the Business Plan or as an attachment, a copy of a report as an example of
work product. This should be for one of the projects listed as a reference.
3) Tab III, Corporate Experience and Capacity
Provide information that documents your firm and subcontractors' qualifications to produce
the required outcomes, including its ability, capacity, skill, and financial strength, and
number of years of experience in providing the required services. Also describe the various
team members' successful experience in working with one another on previous projects.
4) Tab IV, Specialized Expertise of Team Members
Attach resumes of all managers, supervisors, and other contract team members who will be
involved in the management of the total package of services, as well as the delivery of
specific services. The same should be done for any sub-consultants.
5) Tab V, Customer Listing
Provide a listing of all previous customers during the past three years for all work of similar
size and scope. The services provided to these clients should have characteristics as similar as
possible to those requested in this RFP.
Page 46 of 58
16B7
Information provided for each client shall include the following:
. Client name, address, and current telephone number.
. Description of services provided.
. Time period of the project or contract.
. Client's contact reference name and current telephone number.
Failure to provide complete and accurate client information, as specified here, may result in
the disqualification of your proposal.
The County reserves the right to contact any and all references to obtain, with limitation,
ratings for the following performance indicators include: [These were taken from the
standard questions form]
. On a scale of 1-10, with 1 being very dissatisfied and ten exceeding your every
expectation, how satisfied were you with the firm's performance?
. What specifically did you like about their approach?
. What do you believe were shortcomings or that they could have done better?
. Did they meet your schedule requirements?
. How were their communications? Were you always kept in the loop?
. How responsive were they in addressing problems with the project?
. How was the quality / experience/ personality of their personnel? (Specifically the
project manager?)
. Would you use this firm again?
. Additional comments
A uniform sample of references will be checked for each Proposer. Proposers will be scored
on a scale of 1 to 10, with 10 being the highest possible score. Any Proposer receiving an
overall score of less than 7.5 will not be eligible for award of the contract. This score will also
be used in determining the score to be given to the" past performance" evaluation factor for
each proposal.
6) Tab VI, Acceptance of Conditions
Indicate any exceptions to the general terms and conditions of the RFP, and to insurance
requirements or any other requirements listed in the RFP. If no exceptions are indicated in
this tabbed section, it will be understood that no exceptions to these documents will be
considered after the award, or if applicable, during negotiations.
L) Proposal Selection Committee and Evaluation Factors
As previously stated, the County Manager shall appoint a Selection Committee to review all
proposals submitted.
Page 47 of 58
1687
The factors to be considered in the evaluation of proposal responses are listed below. While
the County believes all these items to be of importance, they are ranked and points applied in
descending order of importance.
Qualification & Expertise of Assigned Staff with Similar Projects 25
Previous Performance on Similar Jobs 20
Qualifications & Expertise of Firm with Similar Work 15
Project Approach & Services 15
References 10
Quality Control Plan 10
Project Schedule 5
Total Points 100
Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm
with the lowest volume of work on Collier County projects within the last five (5) years will
receive the higher individual ranking. This information will be based on information
provided by the Proposer, subject to verification at the County's option. If there is a multiple
firm tie in either individual scoring or final ranking, the firm with the lowest volume of work
shall receive the higher ranking, the firm with the next lowest volume of work shall receive
the next highest ranking and so on.
Attachments:
Proposal Checklist
Conflict of Interest
Proposer's Qualification Form
Declaration Statement
Insurance Requirements
Page 48 of 58
1687
THIS SHEET MUST BE SIGNED
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Purchasing Department
PROPOSER CHECK LIST
IMP 0 R TAN T: Please read carefully, sign in the spaces indicated and return
with your Proposal.
Proposer should check off each of the following items as the necessary action is
completed:
o The Proposal has been signed.
o All information as requested in the Proposer's Qualification Form is included.
o All applicable forms have been signed and included
o Any addenda have been signed and included.
o The mailing envelope has been addressed to:
Purchasing & General Services Director
Board of County Commissioners
Purchasing Building "G"
3301 Tamiami Trail, East
Naples, Florida 34112
o The mailing envelope must be sealed and marked with Proposal Number,
Proposal Title and Due Date.
o The Proposal will be mailed or delivered in time to be received no later than the
specified due date and time. (Otherwise Proposal cannot be considered.)
ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER
AND TITLE ON THE OUTSIDE OF THE COURIER PACKET
Company Name
Signature and Title
Date
Email
Page 49 of S8
16B7
CONFLICT OF INTEREST AFFIDAVIT
By the signature below, the firm (employees, officers and/ or agents) certifies, and hereby
discloses, that, to the best of their knowledge and belief, all relevant facts concerning past,
present, or currently planned interest or activity (financial, contractual, organizational, or
otherwise) which relates to the proposed work; and bear on whether the firm (employees,
officers and/ or agents) has a possible conflict have been fully disclosed.
Additionally, the firm (employees, officers and/ or agents) agrees to immediately notify in
writing the Purchasing/General Services Director, or designee, if any actual or potential
conflict of interest arises during the contract and/ or project duration.
Firm
Signature
Date
Name Printed
Title of Person Signing Affidavit
State of
County of
)
)
SUBSCRIBED AND SWORN to before me this _ day of
who is personally known to me
for the Firm, OR who produced the following
, 20-----, by
to be the
identification:
Notary Public
My Commission Expires:
Page 50 of 58
1687
PROPOSERS QUALIFICATION FORM
LIST MAJOR WORK PRESENTLY UNDER CONTRACT:
Proiect
Contract Amount
% Completed
$
$
$
LIST CURRENT PROJECTS ON WHICH YOUR FIRM IS THE CANDIDATE FOR AWARD:
OTHER INFORMATION ABOUT PROJECTS:
Have you, at any time, failed to complete a project? DYes D No
STATEMENT OF LITIGATION:
Are there any judgments, claims or suits pending or outstanding Qx or against you?
DYesDNo
If the answer to either question is yes, submit details on separate sheet. List all lawsuits that have
been filed by or against your firm in the last five (5) years:
FEES:
List total fees for work done on all Collier County Government projects in the past five (5) years,
whether as an individual firm or as part of a joint venture. Fees must be listed individually by
Page 51 of 58
1687
contract or project and then summarized as a total dollar amount. Attach additional page if
necessary.
$
Total Fees for work done on all Collier County projects
Page 52 of 58
1687
REFERENCES:
Bank(s) Maintaining Account(s):
Surety/Underwriter: (if required)
Other References: (Use additional sheets if necessary)
TYPE OF FIRM:
Corporation/Years in Business:
which it is incorporated:
. If firm is a corporation, please list state in
If firm is a corporation, by signing this form, Proposer certifies that the firm is authorized
to do business in the State of Florida.
Partnership/Years in Business:
Sole Proprietorship/Years in Business:
Other: Please list:
Pursuant to information for prospective Proposers for the above-mentioned proposed
project, the undersigned is submitting the information as required with the understanding
that it is only to assist in determining the qualifications of the organization to perform the
type and magnitude of work intended, and further, guarantee the truth and accuracy of all
statements herein made. We will accept your determination of qualifications without
prejudice.
Name of Organization:
By:
Title:
Attested By:
Title:
Date:
Corporate Seal
Page 53 of 58
16B7
DECLARATION STATEMENT
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
RE: RFP NO. 06-3999 -- "Toll Feasibility Study for the SS Jolley Bridge"
Dear Commissioners:
The undersigned, as Proposer (herein used in the masculine, singular, irrespective of actual
gender and number) declares that he is the only person interested in this proposal or in the
contract to which this proposal pertains, and that this proposal is made without connection or
arrangement with any other person and this proposal is in every respect fair and made in
good faith, without collusion or fraud.
The Proposer further declares that he has complied in every respect with all the Instructions
to Proposers issued prior to the opening of proposals, and that he has satisfied himself fully
relative to all matters and conditions with respect to the general condition of the contract to
which the proposal pertains.
The Proposer puts forth and agrees, if this proposal is accepted, to execute an appropriate
Collier County document for the purpose of establishing a formal contractual relationship
between him, and Collier County, for the performance of all requirements to which the
proposal pertains. The Proposer states that the proposal is based upon the proposal
documents listed by RFP #06-3999.
(Proposal Continued on Next Page)
Page 54 of 58
1687
PROPOSAL CONTINUED
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this _ day of
,200_ in the County of . in the State of
Firm's Complete Legal Name
(Address)
(City, State, ZIP)
Phone No.
Fax No.
Check one of the following:
D Sole Proprietorship
D Corporation or P.A. State of
D Limited Partnership
D General Partnership
By:
Typed and Written Signature
Title
******************************************************************************************************
ADDITIONAL CONTACT INFORMATION
Send Payments To:
(REQUIRED ONLY if different from above)
(Company Name used as Payee)
(Address)
(City, State, ZIP)
Contact Name
Phone No.
Title
FAX No.
Email address:
Office Servicing Collier County Account
/place OrdersJRequest Supplies
(REQUIRED ONLY if different from above)
(Address)
(City, State, ZIP)
Page 55 of 58
Contact Name
Title
Page 56 of 58
Phone No.
FAX No.
Email Address:
1687
16B7
Collier County Florida
Insurance Requirements
INSURANCE TYPE
REQUIRED LIMITS
-------------------------------------------------------------------
-------------------------------------------------------------------
L 1. Worker's Compensation
Statutory Limits of Florida Statutes,
Chapter 440 and all Federal Government
Statutory Limits and Requirements.
X 2. Commercial General
Liability (Occurrence Form)
patterned after the current
1.5.0 form with no limiting
endorsements.
Bodilv Injury & Property Damage
$1,000,000 Single Limit
Per Occurrence
X3. Indemnification: To the maximum extent permitted by Florida law, the
Contractor/Vendor/Consultant shall indemnify and hold harmless Collier County,
its officers and employees from any and all liabilities, damages, losses and costs,
including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the
extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
Contractor/Vendor/Consultant or anyone employed or utilized by the
Contractor/Vendor/Consultant in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any
other rights or remedies which otherwise may be available to an indemnified party or
person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of
Collier County.
X 4. Automobile Liability
$ 500.000 Each Occurrence
Owned/Non-owned/Hired
Automobile Included
L 5. Other Insurance as indicated below:
Professional Liability
$ 1,000,000 Per Occurrence
Page 57 of 58
16 B7 4'.
COLLIER COUNTY FLORIDA INSURANCE REQUIREMENTS
(Continued)
...L 7. Contractor shall ensure that all subcontractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide County with
certificates of insurance meeting the required insurance provisions.
...L 8. Collier County must be named as "ADDITIONAL INSURED" on the Insurance
Certificate for Commercial General Liability where required.
...L 9. 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
Naples, Florida
No County Division, Department, or individual name should appear on the Certificate.
No other format will be acceptable.
...L 10.
Thirty (30) Days Cancellation Notice required.
...L 11.
The Certificate must state the RFP Number and Title.
----------------------------------------------
----------------------------------------------
PROPOSER AND INSURANCE AGENT STATEMENT:
We understand the insurance requirements of these specifications and that the evidence of
insurability may be required within five (5) days of the award of RFP.
Proposer
Insurance Agency
Signature of Proposer
Signature of Proposer's Agent
Page 58 of 58
Client#: 7758
CAMBRSYS
ACORD,,,
CERTIFICATE OF LIABILITY INSURANCE
MIDDNYYY)
04/10/07
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PRODUCER
Starkweather & Shepley
PO Box 549
Providence, RI 02901-0549
401 435-3600
Cambridge Systematics, Inc.
100 Cambridge Park Dr.. Suite 400
Cambridge, MA 02140
INSURERS AFFORDING COVERAGE
INSURER A: Federal Insurance
INSURER B: Hartford Fire
INSURER c Nutmeg/Risco
INSURER 0:
INSURER E-
NAIC#
INSURED
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.
LTR NSR TYPE OF INSURANCE POLICY NUMBER PDOtj~~:~8WE Pg~!fJ t~~~C'reN LIMITS
A ~NERAL LIABILITY 35348882 09/11/06 09/11/07 EACH OCCURRENCE '1 000 000
X. 5MERC1AL GENERAL LIABILITY DAMAGE TO RENTED S50 000
- CLAIMS MADE ~ OCCUR MED EXP {Anyone person} .10000
PERSONAL & ADV INJURY '1 000 000
GENERAL AGGREGATE s2 000 000
~.~ AGG~En LIMIT APPlSlPER' PRODUCTS. COMPIOP AGG .2 000 000
POLICY j~PT LOC
A ~TOMOBJLE LIABILITY 35348882 09/11/06 09/11/07 COMBINED SINGLE LIMIT
ANY AUTO (Eaaccidenl) '1,000,000
f-
f- ALL OWNED AUTOS BODILY INJURY
.
SCHEDULED AUTOS (Per person)
f-
.!.. HIRED AUTOS BODILY INJURY
S
.!.. NON-OWNED AUTOS (Peraccidenl)
- PROPERTY DAMAGE .
(Peraccidenl)
RAGE LIABILITY AUTO ONLY - EA ACCIDENT .
ANY AUTO OTHER THAN EA ACe .
AUTO ONLY: AGG S
A OESSIUMBRELLA LIABILITY 79754353 09/11/06 09/11/07 EACH OCCURRENCE .1 000 000
OCCUR 0 CLAIMS MADE AGGREGATE .1 000 000
.
8 DEDUCTISLE .
X RETENTION .0 .
B WORKERS COMPENSATION AND 02WBCJ N4125 09/11/06 09/11/07 X I T':"(gJT,~~~o I IOJ~'
EMPLOYERS' LIABILITY .1.000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? E,L. DISEASE - EA EMPLOYEE s1.000,000
If yes, describe under .1,000 000
SPECIAL PROVISIONS below EL DISEASE - POLICY LIMIT
C OTHER Professional PG0219875 09/11/06 09/11/07 $5,000,000 Per Occ
Liability $5,000,000 Aggregate
DESCRIPTION OF OPERATIONS I LOCATIONS IVEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
* Except 10 days for non-payment of required premium
Agreement 06-3999 for Toll Feasibility Study for the SS Jolley Bridge
Collier County Board of County Commissioners are included as additional insured with
respect to general liability
COVERAGES
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Collier County Government DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
Attn: Steve Carnell NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Purchasing Dept IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Purchasing Building REPRESENTATIVES.
3301 Tamiami Trail, East AUTHORIZED REPRESENTATIVE
N.ftIM FI '4117 ~a.. B~
ACORD 25 (2001108) 1 of 2
#S159835/M 145378
MBB
'" ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION is WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-5 (2001/08) 2 of 2
#S159835/M145378
16B9
MEMORANDUM
Date:
February 28, 2007
To:
Nick Casalanguida, Planning Manager
Transportation Planning
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Developer's Contribution Agreement (DCA) between
Collier County and Sembler Family Partnership #42, L TD;
Companion to Hammock Park PUDA-2006-AR-I0030
Enclosed please find one (1) copy of the document as referenced above
(Agenda Item #16B9), approved by the Board of County Commissioners on
Tuesday, February 27, 2007.
The Minutes & Records Department has kept the original document/agreement
for the public record.
If you should have any questions, please call me at 774-8406.
Thank you.
Enclosure
ORIGINAL DOCUMENTS CHECKLIST & ROUTING st~ B9
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT Tcr
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
. f' d 'th h r hhk '
exceptlOn 0 the ChaIrman s SIgnature, raw a Ime rougt routmg mes #1 through #4, complete t e c ec list, and forward to Sue FIlson (line #5).
Route to Addressee(s) Office Initials Date
(List in routin!! order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Nick Casalanguida Phone Number 417-6064
Contact
Agenda Date Item was 02-27-07 Agenda Item Number 16 b 9
Approved bv the BCC
Type of Document Developer Agreement Number of Original 1
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 02-27-07 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
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I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03,04, Revised 1.26.05, Revised 2.24.05
1689
DEVELOPER AGREEMENT
HAMMOCK PARK COMMERCE CENTRE
THIS DEVELOPER AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into this ;:),""-of ~<,'y)rdnr~ 2007, by and between SEMBLER FAMILY
PARTNERSHIP #42, LTD., hereinafter ref red to as "Developer,' whose address IS 5858
Central Avenue, St. Petersburg, Florida 33707, 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.
R E C I TAL S:
WHEREAS, Developer has legal control over or is the owner of approximately 20.23
acres of land in unincorporated Collier County, Florida, zoned as the Hammock Park Commerce
Centre Commercial Planned Unit Development (Development) on which Developer will
construct and receive Certificates of Occupancy, in two (2) phases, of approximately Forty-Five
Thousand (45,000) square feet of retail space on or after approval of an amendment to the PUD
("Phase I") and an additional One Hundred and Fifteen Thousand (115,000) square feet of retail
space on or after substantial completion of the six (6)-lane improvement of that portion of Collier
Blvd. which is adjacent to the Development ("Phase 2"). A map depicting the Development,
together with the legal description, is attached as Exhibit A; and
WHEREAS, there is currently pending an application for Amendment of the PUD
identified as AR-I0030, which PUD Amendment was directed by the County to be filed by
Resolution No. 06-143; and
WHEREAS, Developer is willing to convey to County without any impact fee credits,
approximately two acres of land, as depicted and generally described in Exhibit B (the "Subject
Parcel") for road right-of-way to be used by the County as part of the proposed extension of
Rattlesnake Hammock Road. The final size and configuration of the Subject Parcel shall be
determincd upon completion of the final Phase I design; and
WHEREAS, County desires to advance the widening of Davis Boulevard and Collier
Boulevard north of its intersection with Davis Boulevard, but has a funding shortfall and
Developer desires to assist the County in funding the referenced road improvements by pre-
paying fifty percent (50%) of its transportation impact fees for all 160,000 square feet of retail
and/or office uses authorized for the Development, which County will utilize for the Davis and
Collier Boulevard improvements; and
WHEREAS, this Agreement is structured to insure that adequate public facilities are
available to serve the Development concurrent with when the impacts of the Development occur
on the public facilities; and
WHEREAS, the parties have agreed to certain terms and conditions set forth below; and
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1689
WHEREAS, after reasoned consideration by the Board of County Commissioners, the
Board finds that the terms and conditions set forth below are in conformity with contemplated
improvements and additions to the County's transportation network, and are consistent with both
the public interest and with the County's comprehensive plan, and other regulations pertaining to
Development; 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,
ineluding 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, ineluding the most recently adopted five-year capital
improvement program for the County's transportation system, 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.
WIT N E SSE T H:
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:
I. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
2. Developer shall convey marketable title to the Subject Parcel to the County in fee
simple, made by executed Warranty Deed, suitable for recording, the general form of which is
attached hereto as Exhibit "C", free and clear of all liens and encumbrances, exceptions, or
qualifications, exeluding those applicable to subsurface mineral rights and/or natural gas
deposits, existing FP&L and County easements, and any other existing casements for utilities
and drainage. The County agrees to condemn the easements described in Items 7 and lion
Exhibit A, CPUD Master Plan, if necessary, to ohtain termination of such easements.
Marketable title shall be determined according to applicable title standards adopted by the
Florida Bar and in accordance with Florida law. The Subject Parcel will be conveyed no later
than the earlier of (I) first approval of the Phase I Certificate of Occupancy with respect to this
Development, or (2) 365 days after the approval of the Agreement, with the executed Warranty
Page 2 of?
OR: 4202 PG: 0677
1689
Deed provided to the Office of the County Attorney. 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 Deed in the Public Records of the County. Except as set forth herein,
all costs of recording and conveyance shall be paid by the Developer. 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 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 elaims for actual damages. All provisions of this Agreement shall survive
elosing and bc enforceablc by the County and Developer and their successors and assigns.
3. The parties acknowledge that the conveyance of the Subject Parcel is
characterized as property rights acquired by a highway or road agency for the improvement of a
road within the boundaries of a public right-of-way.
4. If requested by the County Attorney, the Developer 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 after the expiration of all appeal periods for Developer's
Amended CPUD Ordinance without an appeal filed, 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 160,000 square feet of retail space, as more particularly
described in the PUD Document, solely for the purposes of meeting the County's 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 the 160,000 square fcet of retail space. Payment of these fees vests the development
entitlements for which the Certificate applies on a continuous basis for three years unless
otherwise relinquished. This initial 50 percent impact fee payment is non-refundable after
payment and receipt of thc Certificate. Developcr will receive Certificates of Occupancy in two
(2) phases, of approximately Forty-five Thousand (45,000) square feet of retail space on or after
approval of an amendment to the PUD ("Phase I "), and an additional One Hundred Fifteen
Thousand (115,000) square feet of retail space upon the substantial completion of the six (6)-lane
improvement of that portion of Collier Blvd. which is adjacent to the Development ("Phase 2").
6. Not later than 90 days prior to the expiration of the three-year period for the
Certificate, and following the completion of the Project to County standards, the County shall
notify Developer via registered mail of the remaining balance due for the estimated
transportation impact fees up to Fifty Percent (50%), based on the 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
Page 3 of?
OR: 4202 PG: 0678
1689
lesser entitlement and calculate the balance of the transportation impact fees on the revised
entitlements. The Certificate shall be modified to inelude only the entitlements for which the
estimated transportation impact fees are paid. Once the balance of the estimated transportation
impact fees is 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. It
shall be Developer's or a subsequent record titleholder's (of all or a portion of the Property; i.e.
lot/tract purchaser) obligation to notify the County that a credit is available, each time a building
permit is applied for. 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 entitlcments associated with the unspent and transferred
transportation impact fees are relinquished and the Certificate is modified to delete those
entitlements.
7. This Agreement shall not be construed or characterized as a development
agreement under the Florida Local Government Development Agreement Act.
8. 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 thcn current form of assignment, to the owners of other commercial
property within the Hammock Park Commerce Centre Planned Unit Development, to successor
owners of all of part of the Development, including successor owners of out parcels, or as
otherwise providcd for in the Collier County Consolidated Impact Fee Ordinance.
9. 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.
10. In thc event state or federal laws are enacted after the execution of this
Agreement, which are applicable to and preelude 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.
II. 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 reccipt requested, or by a nationally recognized overnight delivery service,
and addressed as follows:
Page 4 of?
OR: 4202 PG: 0679
1689
To County:
To SEMBLER FAMILY PARTNERSHIP
#42. LTD:
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
5858 Central A venue
St. Petersburg, FL 33707-1728
Attn: Craig Sher
Phone: (727) 384-6000
Facsimile: (727) 347-0247
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.
12. Developer shall execute this Agreement prior to it being submitted for approval
by the Board of County Commissioners. This Agreement shall be recorded by the County in the
Official Records of Collier County, Florida, within fourteen (14) days after the County enters
into this Agreement. Developer shall pay all costs of recording this Agreement. The County
shall provide a copy of the recorded document to the Developer upon request.
13. 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 conelusion 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.
14. 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.
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. AR-I0030 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, either party may terminate this Agreement. During this
contingency period and for 30 days thereafter, County shall reserve for the Development
sufficient capacity on the County's transportation network for 160,000 square feet of retail
commercial uses.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
Page 5 of 7
OR: 4202 PG: 0680
1689
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
COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK, Clerk
By: D.l1HAJ: 0('
Attestu ton. . y,Clerk
I1Q1llt,," 0fI1.
AS TO DEVELOPER:
By: ~ 4f
JA~ COLETTA, Chairman
Signed, sealed and
delivered in the presence of:
~~
By:
AMIL Y PARTNERSHIP #42, LTD.
Ret il II, Inc., Ge ral Partner
~~~~T~FO:it '. ;o~/_
The foregoing instrument was acknowledged before me this .;l3~ day ofl~ ,2007,
by (}-4.l~ SJ.e.Y' , as f~.:;"d~",.J. of SEMBLER RETAIl{ II, Inc.,
General Pa tner of SEMBLER FAMILY PARTNERSHIP #42, LTD., who IS personallv known
~ or has produced as identification. 7,
.,...., Sh M V' d' ~ "'X.. z:.-sa...... f2 ~ ~ - .
;'bX(f:. aron . Izan IOU Notary Public ~.
€:i ~ i':E Commission # DD473101 I
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ssistant County Attorney
Page 6 of 7
Exhibit A
Exhibit B
Exhibit C
OR: 4202 PG: 0681
LIST OF EXHIBITS A TT ACHED TO AGREEMENT
Legal description and graphic rendering of the Development
Description and Depiction of Subject Parcel
Form of Warranty Deed
Page 7 of 7
1689
OR: 4202 PG: 0682
1689
EXHIBIT "A"
LEGAL DESCRIPTION
A parcel of land located in the southwest 1/4 of Section 14, Township 50 South,
Range 26 East, Collier County, Florida, being more particularly described as
follows:
O.R. 1573, Page 355
The North one-half (N 1/2) of the South one-half (S 1/2) of the Southwest one-
quarter (SWI/4) of the Southwest one-quarter (SWI/4) less the Wcst 100 feet of
roadway for County Road 951; Section 14, Township 50 South, Range 26 East,
Collier County, Florida and the West 80 foot parcel of the South one-half (SI/2)
of the Southeast one-quarter (SE1/4) of the Southwest one-quarter (SWI/4);
Section 14, Township 50 South, Range 26 East, Collier County, Florida.
O.R. 1708. Page 1667
The South 1/2 of the South 1/2 of the Southwest 1/4 of the Southwest 1/4 of
Section 14, Township 50 south, Range 26 East, Collier County, Florida, less the
west 100 feet thereof for road right-of-way.
Containing 20.23 acres, more or less.
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EXHIB~ 4202 PG: 0685
16n9
PROJECT NAME:
PARCEL NO(S):
PARENT TRACT FOLIO NO.
WARRANTY DEED
THIS WARRANTY DEED made this day of , 20_, by,
(hereinafter referred to as "Grantor"), whose post office box is [ADDRESS] to COLLIER
COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post
office address is 3301 Tamiami Trail East, Naples, Florida, 34112 (hereinafter referred to as
"Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and their respective heirs, legal representatives, successors and assigns.)
WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars
($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby
grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that
certain land situate in Collier County, Florida, to wit:
See Attached Exhibit "A" which is incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
This is NOT the Homestead property of the Grantor.
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging
or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of
said land in fee simple; that the Grantor has good right and lawful authority to sell and convey
said land; that the Grantor hereby fully warrants the title to said land and will defend the same
against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances except as noted above.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day
and year first above written.
WITNESSES:
By:
(Signature)
[GRANTOR NAME]
(Print Full Name)
(Signature)
(Print Full Name)
*** OR: 4202 PG: 0686 *** 16 B9
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this
,20_, by [GRANTOR], who:
day of
is personally known to me
OR
has produced
as proof of identity.
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission # (if any):
My Commission Expires:
WARRANTY DEED
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL1B
'-- - . TO ACCOl\1PANY ALL ORIGINAL DOClIMENTs SENT TO C 1
. TEE BOARD OF COUNTY COl'dMISSIONERS OFFICE FOR SIGNA
' Prim OIl piDk paper. AaacIl r.a aripw tf"'""'W"'" Oripw .w...-., sbaaJd. be haad delivced. r.a die SoInt 0tBc:e.. ThIt campJered. zoudDr sJJp lIIlCt oririua1
.w...-" are r.a be. tixwardIllr.a die BOIftl 0fIi= lILly * die BOIIZd bas ralam.aa:iaL0Il die item.> '
'. . R01JTlNG SLIP . ".. '0,.
,Camp- Z'CllU:iq B:aat '1 dIRlaP.... as "'t'lM~ fer lIMftil:M1 Dp"1m. daca.l1JiJIor ~f\Ql Dellded..If die ~CI~' is a.I&ad.y camp_ widl die
at_ n..i-'s . dIaw a lIDo . liIIa'I ~ _ die ~st; md forward r.a S.. Pilsaa (lIDo 15).
Route to Addressee(s) . OffIce Initials, Date
. izl arda' -.,.". '
1.
.. ;..'
2.
-------
,;,:- ~
PRIMARY CONTACT INFORMA nON
('The primary COI1CICt is die bolder of lI:&e origiDai tlOt"1ml\lllf pending Bce l1'provaJ. Nomm.Ily tbe primary CCIlmct is lI:&e persoa. wbo ~ lI:&e executive
SIIIIIIIIIIy. Primary COI1CII: iDiarmatioa. is aeedelt ia. lI:&e ~ 0Il8 of lI:&e :Jddressea:s ~ve, ia.c.ludia.g Sue R1sca.. aced to c:pa.mct suit far lIdrlit:j1Jll&l or aUssiDg
iDfarmatioa. All origiDaJ n",","""",,, ueedia.& lI:&e Bce OJainDIa.'s sipaan ae to be delivered. to lI:&e Bce office oa.1y i11"a:r rile BCC bas a.cred to approve the
item.)
s. Sue Filson, Executive Manager
Board. of County Commissioners
Name of Primary Staff I-IAN5 Phone Number 7~;;~ .2'.2 3
Contact .rx. t.J ~S EL &-
Apnda Dare Item was Ol/;;J.' /0 7 Agenda. Item Number I(;,C. I
Aooroved by the BCe
Type of Document , Number of Original O"vl#-
Atrached EA-~6JUE}/r A{#.~r Documents Atta.c:hed
6. Minutes and Records
Clerk of Court's Office
Yes NlA(Noc
(Initial) licable}
[7JR
~
"till
1t1lL
YIlt: ~
I
I: PotmJI CaaIu:y FormsI BCC Pan.asI 0rigiDal ~... R.aarinl Slip WWS Oripw 9.03.04. Revised 1.26.~. Revised. U4.~
INSTRUCl10NS & CHECKLIST
Initial the Yes column or mark "'NI A" in the Not Applicable column. whichever is
1.
OriJinal ciocumenc has been sigDcdfmitialed. for 1epl sUfficiency. (All documencs to be
siJI2Cd by the Chairman, with the exception of most leUers, must be reviewed atId signed
tiy the Office of the County Aacmey. This iDclndes signature pages from ordinances.
resolutions, etc. sipld by the County A.aDrney's Office atId signatUre pages from
contracts; &greemcnt:S. etc:. tbat have been fally ~ by all parties except the BCe
Chairman mi Clerk to the Board and 1 StaJe Officials.)
All haDdwritr.en.strike-tbroagh and revisions have been initialed by the County ~.' s
Office IDd aU other arties the BCe Chairman atId the Clerk to the Board
The Chainpan's signatUre line date has been entered. as the date ofBCe approval of the
doc:umeztt or the fuJa1 De tiated coDCl'aCt date whichever is licable.
'"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si' aud initials are
In Ii:1oat cases (some contra.c:ts are an exception). the original dccument atId this routing slip
should be provided to Sue Filson in the Bee office within 24 hours of BCe approval.
Some <Io<:um.ents are time sensitive atId require "forwarding to TallaJ,a!$$= within a certain
time frame or the BCe's actioDS are nullified. Be aware of ur dea,Uines!
The ~1IWut was approved by the BeC on (enter date) and all changes
made duriDg the meetiq ha.... been iDcorpora the atta~bK document. The
Coun Atto 's Oflke bas reviewed the if a Jfc:able.
2.
3.
4.
s.
6.
16Cl
PROJECT: Tamiami (Golden Gate) Wellfield Sustainability
PROJECT NO.: 700661
FOLIO NO.: 36760680006
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this 37171 day of ,:'~gj2uJ4 p.. V , 2007, by and between
DAVID KEEFER AND DEEATRA MARTIN-KEEFER, hus6and and wife, as tenants by the
entireties (hereinafter referred to as "Owners"), whose mailing address is 3898 1st Avenue SW,
Naples, Florida, 34117-3000, and the BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-
OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER
DISTRICT, (hereinafter referred to as "Purchaser"), whose mailing address is 3301 Tamiami
Trail East, Naples, Florida 34112;
WHEREAS, Purchaser requires a perpetual, non-exclusive Utility Easement for the
purpose of utility facilities, and access to, over, under, upon and across the lands described in
Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part
of this Agreement; and
WHEREAS, Owners desire to convey the Property to Purchaser for the stated purposes,
on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owners for conveyance of the
Property;
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00),
and other good and valuable consideration, the receipt and sufficiency of which is hereby
mutually acknowledged, it is agreed by and between the parties as follows:
1. Owners shall convey the Property via a Utility Easement to Purchaser for the sum of
Twenty-Five Thousand, Five Hundred and no/100 Dollars ($25,500.00), payable by
County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment
shall be full compensation for the Property conveyed, including all landscaping, trees,
shrubs, improvements, and fixtures located thereon, and for any damages resulting to
Owners' remaining lands, and for all other damages in connection with conveyance of
said Property to Purchaser, including attorney's fees and costs as provided by Chapter
73, Florida Statutes.
2. Prior to Closing, Owners shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering the Property, the execution of such instruments which will
remove, release or subordinate such encumbrances from the Property upon their
recording in the public records of Collier County, Florida. Owners shall provide such
instruments, properly executed, to Purchaser on or before the date of Closing.
3. Closing shall occur within sixty (60) days from the date Purchaser executes this
Agreement; provided, however, that Purchaser shall have the unilateral right to extend the
term of this Agreement pending receipt of such instruments, properly executed, which
either remove, release or subordinate any and all such liens, encumbrances or
qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser
shall deliver the County Warrant to Owners and Owners shall deliver the conveyance
instruments to Purchaser in a form acceptable to Purchaser.
4. Owners are aware and understand that the "offer" to purchase represented by this
Agreement is subject to acceptance and approval by the Board of County Commissioners
of Collier County, Florida.
5. Owners represent that the Property and all uses of the Property have been and presently
are in compliance with all Federal, State and Local environmental laws; that no hazardous
substances have been generated, stored, treated or transferred on the Property except
as specifically disclosed to the County; that the Owners have no knowledge of any spill or
environmental law violation on any land contiguous to or in the vicinity of the Property to
be conveyed to the County, that the Owners have not received notice and otherwise has
EA-UE
Easement Agreement
16 Cl
Page 2
no knowledge of a) any spill on the Property, b) any existing or threatened environmental
lien against the Property or c) any lawsuit, proceeding or investigation regarding the
generation, storage, treatment, spill or transfer of hazardous substances on the Property.
This provision shall survive Closing and is not deemed satisfied by conveyance of title.
6. Owners shall indemnify, defend, save and hold harmless the Purchaser against and from,
and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities,
laws, costs and expenses (including without limitation reasonable paralegal and attorney
fees and expenses whether in court, out of court, in bankruptcy or administrative
proceedings or on appeal), penalties or fines incurred by or asserted against the
Purchaser by reason or arising out of the breach of Owners' representation under Section
5. This provision shall survive Closing and is not deemed satisfied by conveyance of title.
7. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public
Records of Collier County, Florida. All other costs associated with this transaction
including but not limited to transfer, documentary and intangible taxes, and recording
costs for any curative instruments shall be borne and paid by Owners. Owners shall be
responsible for paying any costs and/or fees associated with securing and recording a
Subordination, Consent & Joinder of Easement of the mortgage recorded against the land
underlying the Property from the mortgagee. The cost of a title commitment shall be paid
by Purchaser.
8. Purchaser will insure the integrity of the Owners' fence before, during and after
construction so that Owners' pets are contained within the fence at all times. In addition,
Purchaser agrees to cooperate with Owner in an effort to minimize the visual impact of
the proposed utility and access improvements. These provisions shall survive Closing and
are not deemed satisfied by conveyance of title.
9. This Agreement and the terms and provisions hereof shall be effective as of the date this
Agreement is executed by both parties and shall inure to the benefit of and be binding
upon the parties hereto and their respective heirs, executors, personal representatives,
successors, successor trustees, and/or assignees, whenever the context so requires or
admits.
10. Conveyance of the Property by Owners is contingent upon no other provIsions,
conditions, or premises other than those so stated above; and the written Agreement,
including all exhibits attached hereto, shall constitute the entire Agreement and
understanding of the parties, and there are no other prior or contemporaneous written or
oral agreements, undertakings, promises, warranties, or covenants not contained herein.
11. This Agreement is governed and construed in accordance with the laws of the State of
Florida.
EA-UE
16 CI J~
Easement Agreement Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
J. 7111 day of f' &3 i..vA n.,v ,2007.
I
Date Property acquisition approved by Bee:
AS TO PURCHASER:
DATED: .;L/;Z i /07
ATTEST:
DWIGHT E. BROCK, Clerk
'{"'~/.I(/)
"
oe.
_.~ II to
........ 011-'
AS TO OWNER:
DATED: 1/10/07
~
C:---:.. -- .. .
~itness (Signature)
N me: HltJ}$ 12-()~5El-L
rint or Type)
~w.-~
Witness (Signature)
me: HA IvS \Z () <)S" EZ.t..-
r' or Type)
Approved as to form and
A legal sufficiency:
EA-UE
" ,.;1';/1"//
BOARD OF COUNTY COMMISSIONERS "
OF COLLIER COUNTY, FLQRIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OFTHECOLLlER
COUNTY WATER-SEWER~prSTRICT
BY:
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ORIGINAL DOClJl\l.lENTS CHECKLIST & ROUTING l:rbC 2
- TO ACCOMPANY ALL, ORIGINAL DOCUMENTs SENT 1:6-0
. THE BOARD OF COUNTY CO:MMISSIONERS OFFlCE FOR SIGNATURE
Pam 011. piDt pIpC'. A.tIIdlID cripal ~t Oripal <I~II sbaa.Id. be !wid ddvered.1D dul Boarci 0tBce.. 'lbec:amplamd. RlIUiDr slip lIIld ori8iaaJ.
<fco'n~ aID be..b.:"'~1D dIe:BClll'd.oab aa.l1sU..Bomlbulllbzr.ICdaLOIl dul illllm.) , .. .. .
' ., ',. . ROUTING SLIP '. ';:~,' -:
,('~ ftlIIIiDaJlus'l tbrl:la&ht4I1-w-~fbr.NR,;-! sip.~. cfara.llldtor~tl<lll*d.ecLIfdul ~f'lI alrad.y CCIIIlpJeut widl tile
ofdla t"'Mi-'s . elmra liu RllII:bl Ibldl ~ _ tbe ~ md!crwud ID S... PiJIaa (liu .
Route to Addressee(s) . OftIce Initials. Date
ill arder) .:.,." '. :
1.
PRIMA.RY CONTACT. INFORMA nON
\Ib8 primary CODaId: is the bcJder of tI1e crigiDa.l dccumelu pelldinr Bee 31'proVlll. Normally tbc primary CCtltllCt is the persall who c:re:uedIprepar the cxcc:ucive
SIIDIIZIlII'y. Primuy COIICICt iuiomIariCll is aeecIat ill the ovac cae at tI1e addres3ees :Ulove, iDc:!w:1iJIr Sue RlsoJ1. 11eed. to cpatllCt stIif far Wfitioaal or aUsiDr
iDt'armIuioa. All orisizW 1i()"'~1I neediq tI1e Bee O:aa.i.lmm:I's siplUnl ~ lCl be d.e1ive:ret1lCl the Bee office oa.ly ai!I:r tI1e Bee bas ac:tl:d to approve the
iClllD. )
Name of Primary Staff
Contact
Aaenda Date Item was
veld b the BCC
Type of Document
.4rt,ehed
" ',:
2.
3.
4.
5. Sue FI1so~ Executive Manager
Board of County Commissioners
6. Minutes and Records
Clerk of Court's Office
J.lAJ.JS g ~S.s &" L '--
;l ;1.7 07
cA 5C;~ t;flEJ!;I/4/fZA;1 r
Phone Number
Agenda. Item Number
Number of Original
Documents Attached
INSTRUCl10NS & CHECKLIST
IuitiaJ. the Yes column or mark "WI A" in the Not Applicable col~ whichever is
1.. OrigiDal document has been sipJeclfmitialed !or legal sUfficiency. (All doc:uments to be
sipIed by the Chairman. with !he exception of most letters. must be reviewed and signed
tiy the Office of the Cou:aty Atr1::JrrJI:y. This iDc1udes signa.ttJre pages from ordinances.
resolutioas. etc. signed by the County .Atrcmey's otfic:c and signature pages from
contl'lld.S. qreemeutS. ete. tbat have been fa11y executed by all parties except the BCC
Chairman a:ad Clerk to the Board and 1 State Officials.
2. All bandwritten.strike-tbroagh a:ad revisions have been initialed. by the County ~mey.' s
Offic:c a:ad all other arties the BCe Chairman and the Clerk to the Board
3. The Chainpn's signature line date has been entered as the date ofBCC approval of the
doc:ument or the final ne tiated contract date whichever is liable.
4. '"Sign here" tabs are placed OIl tile appropriate pages indicating where the Cbairman' s
si' a:ad initials are
S. In most cases (some contradS arc an cxc:cptiou), the oria:iD.a1 c:locumcnt and. this routing slip
shou1ci be provided to Sue Filson in the BeC oflic:c within 24 hours of BCC approval.
Some ~Jments are time sensitive and require "torwa:rcIing to TaITAbA$see within a certain
time frame or the BCC's actions arc nullified. Be aware of our d~dUl:les!
6. The do<:ummt was approved by the Bee OD (eater date) and all cbanges
made clur.iDg the meetiac bave been b1corpora the attached. dlX"U~ut. The
Couu Atto 's 0fIlcfl bas re'riewed tbe if a Ik:able.
.' .
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16C2
PROJECT: TAMIAMI (GOLDEN GATE) WELLFIELD SUSTAINABILlTY
PROJECT NO.: 700661
FOLIO NO.: 36710360004
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into on this ~7n1 day of f€8P..v~fl..V , 200', by and between
JERRY L. ZIMMERMAN AND SUE JIM ZIMMERMAN, husband and wife (hereinafter
referred to as "Owner"), whose mailing address is 341 Weber Boulevard North, Naples,
Florida, 34120-2739, and the BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS
EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-
SEWER DISTRICT (hereinafter referred to as "Purchaser"), whose mailing address is
3301 Tamiami Trail East, Naples, Florida 34112;
WHEREAS, Purchaser requires a perpetual, non-exclusive Utility Easement for
the purpose of utility facilities, and access, to, over, under, upon and across the lands
described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached
hereto and made a part of this Agreement;
WHEREAS, Owner desires to convey the Property to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Property;
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. Owner shall convey the Property via a Utility Easement to Purchaser for the sum
of Twenty-Three Thousand and no/100 Dollars ($23,000.00), payable by County
Warrant (said transaction hereinafter referred to as the "Closing"). Said payment
shall be full compensation for the Property conveyed, including all landscaping,
trees, shrubs, improvements, and fixtures located thereon, and for any damages
resulting to Owner's remaining lands, and for all other damages in connection
with conveyance of said Property to Purchaser, including attorney's fees and
costs as provided by Chapter 73, Florida Statutes.
2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Property, the execution of such instruments
which will remove, release or subordinate such encumbrances from the Property
upon their recording in the public records of Collier County, Florida. Owner shall
provide such instruments, properly executed, to Purchaser on or before the date
of Closing.
3. Closing shall occur within sixty (60) days from the date Purchaser executes this
Agreement; provided, however, that Purchaser shall have the unilateral right to
extend the term of this Agreement pending receipt of such instruments, properly
executed, which either remove, release or subordinate any and all such liens,
encumbrances or qualifications affecting Purchaser's enjoyment of the Property.
At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall
deliver the conveyance instruments to Purchaser in a form acceptable to
Purchaser.
EA-UE
16C2
Easement Agreement
Page 2
4. Owner is aware and understands that the "offer" to purchase represented by this
Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
5. Owner represents that the Property and all uses of the Property have been and
presently are in compliance with all Federal, State and Local environmental laws;
that no hazardous substances have been generated, stored, treated or transferred
on the Property except as specifically disclosed to the County; that the Owner has
no knowledge of any spill or environmental law violation on any land contiguous to
or in the vicinity of the Property to be conveyed to the County, that the Owner has
not received notice and otherwise has no knowledge of a) any spill on the
Property, b) any existing or threatened environmental lien against the Property or
c) any lawsuit, proceeding or investigation regarding the generation, storage,
treatment, spill or transfer of hazardous substances on the Property. This
provision shall sUNive Closing and is not deemed satisfied by conveyance of title.
6. Owner shall indemnify, defend, save and hold harmless the Purchaser against
and from, and to reimburse the Purchaser with respect to, any and all damages,
claims, liabilities, laws, costs and expenses (including without limitation
reasonable paralegal and attorney fees and expenses whether in court, out of
court, in bankruptcy or administrative proceedings or on appeal), penalties or fines
incurred by or asserted against the Purchaser by reason or arising out of the
breach of Owner's representation under Section 5. This provision shall sUNive
Closing and is not deemed satisfied by conveyance of title.
7. The Purchaser shall pay for all costs of recording the conveyance instrument in
the Public Records of Collier County, Florida. All other costs associated with this
transaction including but not limited to transfer, documentary and intangible taxes,
and recording costs for any curative instruments shall be borne and paid by
Owner. Owner shall be responsible for paying any costs and/or fees associated
with securing and recording a Subordination, Consent & Joinder of Easement of
the mortgage recorded against the land underlying the Property from the
mortgagee. The cost of a title commitment shall be paid by Purchaser.
8. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustees, and/or assignees,
whenever the context so requires or admits.
9. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and the written
Agreement, including all exhibits attached hereto, shall constitute the entire
Agreement and understanding of the parties, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises, warranties,
or covenants not contained herein.
10. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
EA-UE
16C2
Easement Agreement
Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this ,).11J.! day of F'l5g fU'1f R- V , 200".
I
Date Property acquisition approved by BCC:
AS TO PURCHASER:
DATED: a.~7/o 7
(
ATTEST:
DWIGHT E. BROCK, Clerk
.,.,......../....,
...."..'
BOARD OF COUNTY CO~.SSIONERS
OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BOD~OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE :COLLlER
COUNTY WATER-SEWER D~TRICT
. J I / J J . J ., ~. I . .
~".w.w.~O('
. . ~'rlerk
...,.
.tIt8~~lf: :
DATED: 1/1~/07
{
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Na e:f/~ t!()S'5"ELL
( 'nt or Type)
BY:
~~~
J es Coletta , Chairman
=1. ~...~
er . ZimrrUman
--l1i~
' ....-.--.. .~
itness (Signature)
Name: HIJJJ 5 ?LJ5S~LL
P- 'ntorType)
~~4A~
,/ Sue Ji immer n
Approved as to form and
legal sufficiency:
~~t~
Ellen T. Chadwell T "-
Assistant County Attorney
Item # Jib C- a
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EA-UE
EXHIBIT~ 16 C2
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C.R. 951
100' CANAL RIGHT OF WAY
180.00'
APPROXIMATE TOP Of BANK
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ORIGINAL DOClJl\l.lENTS CHECKLIST & ROUTING S~
'--. " TO ACCOMPANY ALL, ORIGINAL DOCUMENTs SENT TO.L 6 C 3
. THE BOARD OF COUNTY COl\tGdISSIONERS OFFICE FOR SIGNATURE
Prim 011 piDt paper. AaaclllI:l arisiDal ~t OdsiDal mv...-" sIIoaJd. be baud delivered. to !be BOIII'd. 0tI!c:e.. Thltcomplelllcl mudDg sJip aDd oriaUuU
~11 .. to be. tCrwmIecL to !be Boml omce 0II1y * lfMlBOlld has ll1IlaacdmOll. !be iDmL) , . ., .'
". ' ROUTING SLIP .
,.Camp-raadq'" 'llbraa&hHu -w'~ tarlllftlifi~l silP'~. cilia. mdlar~.dQllIleeded..If!be~~'iI alraclyccmplece wid!. die
atda~~s . cla.waho . Jiacr'l ~ _!be~IIId.fi:lrwudll:lS_FDsal f:5}.
Route to Addressee(s) . Office Initials Date
. ill .,.,"1;- ....
1.
2.
.. ~
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
6. Minutes and Records
CIeri<: of Court's Office
PRIMARY CONTACT. INFORl\1A nON
('The primary <:clIUlICt is the IIoJder of tile oriliul doc:ul:I:leac pelldiDg Bee approvaL Normally tb.e primary C:Ol1ClCC is tile pa'SOl1 who ~ tile executive
summary. PrimIry c:oI1!I&: iDfanuIuioa. is aecdecl ill the evcu: au of tile 3ddressees Olbove. iucJudiDg Sue Filsou. aeed to c:pnClCCsdfar 'lddil:ioaal or missiDg
iDtarmal:ioa. All origiDai A""""l"~lS ueedIq tile Bee ClIairmlm's sipa.tre :e to be delivered. to tile Bee office oaJy aft=- tbe Bce has a=d. to approve tbe
iGIIIL )
Name of Primary Staff
Conrac:t
Agenda Dare Item was
ved b the BCC
Type of Document
Attached
!-IAN S R l) S S~L l-
:l :2.7 07
E: >>S EM IE' NT 1iJ6-fl. lZ}1 rElY
Phone Number
732- ~, DJ-3
,'C 3
Agenda Item Number
Number of Original
Documents Attached
o H l.ff
INSTRUCI'IONS & CHECKLIST
IDiti.a1 the Yes column or mark: "NI A" in the Not Applicable column. whichever is
Yes NlA(Not
(Initial) licahle)
1.
OriJiDal document has been siJDcdfmitialcd for legal sUfficiency. (All documents to be
signed by the. Chairman, with cbe exceptioa of most letters. must be reviewed and signed
tiy the Office of the County Ar1DrDcy. This bIcludes signature pages from ordinances.
resolutions. ere. sigDed. by the Coaaty Atrmncy's Office and signar;ure pages from ~
coatracr:s, ~ ctc. that have been fally executed by all parties except the BCe
Chairman and Clerk: to cbe Board and I State Officials.)
All haudwrittea.strikc-tbroqh m:i revisions have been initialed by the County ~mey.' s ...:".. /~
Office aDd all other arties t the BCC Chairman and the Clerk to the Board II'fC-
The Chai:npan's signatUre !iDe elate has been entered as the date ofBCe approval of the
doctm:Ieat or the final De . COatr3.Ct elate whichever is licable.
'"SilD here" tabs are placed on thc applopriatc pages iDdicating where the Chairman's
si' and initials are
In Iilost cues (some contradS arc an exception), the original document and this routing slip
should be provided to Sue Fi1soa in thc BCC oflice within 24 hours ofBCC approval.
Some tf~euts are time seDsitive and reql1irelorwarding to TlIllaha~see within a certain ,~os.
time frame or the BCC's actions arc nu1Ii:fied. Be aware of our deadlines!
The ~1M1lt was approved. by the Bee on (enter date) and all changes
made cbuiDg the meet:iDc haft been iDcorpo ill the attached document. The
Co Atto 's Otftce bIS re'riewed the if a .lfcable.
2.
3.
4.
s.
6.
I: FamIaI CcaD1y PomIsI Bce PanmI 0ripaI. ~ R.aarmc Slip WWS OrigiDa.l9.03.04, Revised 1.26.~. Revised 2.24.~
..-..----,,~..--,,-"'--'..<---~ '-'~..--'-~~"-~.-"..,---..-'_"._~.._..'*'__"'_~,.~"' ,."""H'.....",.,...,
Prepared By:
Jennifer A. Belpedio, Esquire
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
PROJECT: TAMIAMI (GOLDEN GATE) WELLFIELD SUSTAINABILlTY
PROJECT NO.: 700661
FOLIO NO.: 36760200004
16C3
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this ~71'H day of FE.8~L)J4~, 200f, by and between
NANCY R. FREES, a single person, (hereinafter referre to as "Owner"), whose mailing
address is 611 Weber Boulevard South, Naples, Florida, 34117-4159, and the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING
BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER-SEWER DISTRICT, (hereinafter referred to as "Purchaser"),
whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112;
WHEREAS, Purchaser requires a perpetual, non-exclusive Utility Easement for the
purpose of utility facilities, and access, to, over, under, upon and across the lands described in
Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part
of this Agreement; and
WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes,
on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Property;
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00),
and other good and valuable consideration, the receipt and sufficiency of which is hereby
mutually acknowledged, it is agreed by and between the parties as follows:
1. Owner shall convey the Property via a Utility Easement to Purchaser for the sum of
Fifty-One Thousand and no/100 Dollars ($51,000.00), payable by County Warrant (said
transaction hereinafter referred to as the "Closing"). Said payment shall be full
compensation for the Property conveyed, including all landscaping, trees, shrubs, ,('
.C' ~mprovements, and fixtures located thereon, and fGr any d3ma~9& r9€bllting to Ownor'€: W ^ ().
~rer:Raining larlE:lG, and for all other damages in connection with conveyance of said ~u.....u
Property to Purchaser, including attorney's fees and costs as provided by Chapter 73,
Florida Statutes.
2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering the Property, the execution of such instruments which will
remove, release or subordinate such encumbrances from the Property upon their
recording in the public records of Collier County, Florida. Owner shall provide such
instruments, properly executed, to Purchaser on or before the date of Closing.
3. Closing shall occur within sixty (60) days from the date Purchaser executes this
Agreement; provided, however, that Purchaser shall have the unilateral right to extend the
term of this Agreement pending receipt of such instruments, properly executed, which
either remove, release or subordinate any and all such liens, encumbrances or
qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser
shall deliver the County Warrant to Owner and Owner shall deliver the conveyance
instruments to Purchaser in a form acceptable to Purchaser.
4. Owner is aware and understands that the "offer" to purchase represented by this
Agreement is subject to acceptance and approval by the Board of County Commissioners
of Collier County, Florida.
5. Owner represents that the Property and all uses of the Property have been and presently
are in compliance with all Federal, State and Local environmental laws; that no hazardous
substances have been generated, stored, treated or transferred on the Property except
as specifically disclosed to the County; that the Owner has no knowledge of any spill or
environmental law violation on any land contiguous to or in the vicinity of the Property to
be conveyed to the County, that the Owner has not received notice and otherwise has no
knowledge of a) any spill on the Property, b) any existing or threatened environmental lien
against the Property or c) any lawsuit, proceeding or investigation regarding the
EA-UE
16C3
Easement Agreement
Page 2
generation, storage, treatment, spill or transfer of hazardous substances on the Property.
This provision shall survive Closing and is not deemed satisfied by conveyance of title.
6. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from,
and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities,
laws, costs and expenses (including without limitation reasonable paralegal and attorney
fees and expenses whether in court, out of court, in bankruptcy or administrative
proceedings or on appeal), penalties or fines incurred by or asserted against the
Purchaser by reason or arising out of the breach of Owner's representation under Section
5. This provision shall survive Closing and is not deemed satisfied by conveyance of title.
7. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public
Records of Collier County, Florida. All other costs associated with this transaction
including but not limited to transfer, documentary and intangible taxes, and recording
costs for any curative instruments shall be borne and paid by Owner. Owner shall be
responsible for paying any costs and/or fees associated with securing and recording a
Subordination, Consent & Joinder of Easement of the mortgage recorded against the land
underlying the Property from the mortgagee. The cost of a title commitment shall be paid
by Purchaser.
8. This Agreement and the terms and provisions hereof shall be effective as of the date this
Agreement is executed by both parties and shall inure to the benefit of and be binding
upon the parties hereto and their respective heirs, executors, personal representatives,
successors, successor trustees, and/or assignees, whenever the context so requires or
admits.
9. During construction activities, Purchaser will make all reasonable efforts to protect and
preserve the existing Magnolia and Bald Cypress trees on Owner's property in the vicinity
of the easement area, and Purchaser will construct and maintain an access roadway so
that it meanders within the easement area as a natural extension of the owner's existing
lime rock driveway. In addition, Purchaser agrees to cooperate with Owner in an effort to
minimize the visual impact of the proposed utility and access improvements. These
provisions shall survive Closing and are not deemed satisfied by conveyance of title.
10. Conveyance of the Property by Owner is contingent upon no other provisions, conditions,
or premises other than those so stated above; and the written Agreement, including all
exhibits attached hereto, shall constitute the entire Agreement and understanding of the
parties, and there are no other prior or contemporaneous written or oral agreements,
undertakings, promises, warranties, or covenants not contained herein.
11. This Agreement is governed and construed in accordance with the laws of the State of
Florida.
Item# \(0(,3
.
6~~;da d- ~ 1-0
Date
Rec'd
EA-UE
Easement Agreement
16C3
Page 3
IN WITNESS WHEREOF, the ..e,arties hereto have executed this Agreement on this
;'114 day of (E.15(l. vA fl.y , 200,.
Date Property acquisition approved by BCC:
AS TO PURCHASER:
DATED: :1./9. '1/(/7
ATTEST:
DWIGHT E. BROCK, Clerk
. -' '"c f
. iO
. . . . . . ~ . . . . , It, ii,
BOARD OF COUNTY COMMI~rONERS "
OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COlLlJ;R
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COlliER
COUNTY WATER-SEWER ISTRICT
BY:
II to Oft
IttNQre .1"
J
AS TO OWNER:
DATED: I /11/07
I .
(Print or Type)
Approved as to form and
legal sufficiency:
t~
EA-UE
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16C4
DOCUMENT NOT RECEIVED IN
THE CLERK TO THE BOARD OFFICE
AS OF MARCH 19, 2008.
16Dl
DOCUMENT NOT RECEIVED IN
THE CLERK TO THE BOARD OFFICE
AS OF MARCH 19, 2008.
16D2
DOCUMENT NOT RECEIVED IN
THE CLERK TO THE BOARD OFFICE
AS OF MARCH 19, 2008.
16F 2
MEMORANDUM
Date:
March 1, 2007
To:
Christine Chase
Emergency Management
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Memorandum of Understanding between the
BCC and The Moorings Presbyterian Church
Enclosed please find one (1) original document, as referenced above,
(Agenda Item #16F2), approved by the Board of County Commissioners on
Tuesday, Feruary 27, 2007.
The Minutes & Records Department has retained the second original for
public record.
If you should have any questions, please call 774-8406.
Thank you.
Enclosure (1)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING ~h F 2
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
exceotion of the Chairman's signature, draw a line throucl routing lines # 1 through #4, comolete the checklist, and forward to Sue Filson (line #5),
Route to Addressee(s) Office Initials Date
(List in routin~ order)
1. .. ,._---~
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2. ,----.--. -.--
----------
---
-
3.
----- ----------------
4.
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5. Sue Filson, Executive Manager Board of County Commissioners elte-, ,:2!:J-l!O;
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary, Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information, All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved by the BCC
Type of Document
Attached
C.t\O.::) ~
Phone Number
4J 7 - fs:C)~;
IIoN
,.:q
Yes
(Initial)
N/A (Not
A licable)
)(")
Agenda Item Number
CfC/
(~~j
C~ RC.
0.. ,;C.
CAe
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Number of Original
Documents Attached
I: Forms/ County Forms! BCC Forms/ Original Documents Routing Slip WWS Original 9,03.04, Revised 1,26.05, Revised 2,24.05
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chainnan, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the ftnal ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on:) \5 (enter date) and all changes
made during the meeting have been incorporate in he attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
2.
3.
4.
5.
6.
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16F 2
Memorandum of Understanding
Between
Collier County Board of Commissioners
And
Moorings Presbyterian Church
I. PurDose: The purpose of this Memorandum of Understanding (MOU) is to set forth,
define and establish mutual agreements, understandings, and obligations by and
between The Collier County Board of County Commissioners, through its Emergency
Management Department, and Moorings Presbyterian Church.
II. Statement of Basic ResDonsibilities:
A. The Collier County Board of County Commissioners, through its
Emergency Management Department, provides coordination of emergency
services with Collier County, including incorporated areas. This includes
the selection and utilization of various resources and organizations capable
of rendering assistance. Under Chapter 252 of the Florida Statutes, The
Collier County Board of County Commissioners, through its Emergency
Management Department, also coordinates the administration of relief
activities of both public and private relief or disaster assistance
organizations that agree to volunteer their services under the direction or
guidance of Collier County authorities. In addition, Collier County may
utilize personnel and facilities of relief or disaster assistance organizations,
churches, temples and synagogues in the distribution of food, relief
supplies, medicines and/or other items and temporary sheltering as part of
the restoration, rehabilitation or reconstruction of community services and
essential facilities whenever Collier County authorities deem it necessary.
B. Recognizing the increased demand for churches, temples, and synagogues
to supplement assistance and recovery to victims of both Presidentially
declared or undeclared disasters and the need to work in harmony with
local governments and private relief agencies, Moorings Presbyterian
Church wishes to assist in rendering the most efficient service with a
minimum of duplication to the citizens and guests of Collier County.
III. Coordination of Effort: Cooperation and coordination between Collier County
Government, through its Emergency Management Department, and Moorings
Presbyterian Church at a time of major disaster and during the post-disaster recovery
period should be maintained at efficient levels and is part of the purpose of this
Agreement. Moorings Presbyterian Church works on a voluntary basis as a member
of the Collier Emergency Response Volunteer (CERV) Working Group, and will
make a continuing effort to acquaint its members with this Agreement to assist
Collier County government in carrying out mutual responsibilities for disaster relief.
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IV. Responsibilities:
A. Collier County Emergency Management Department agrees to the following:
1. Notify Moorings Presbyterian Church of the potential need to assist in
activities following a disaster; and
2. Participate in and develop training in disaster response for the
members of Moorings Presbyterian Church; and
3. Assist in the development plans for Moorings Presbyterian Church;
and
4. Schedule periodic meetings and/or exercises to familiarize members of
disaster preparedness or recovery initiatives; and
5. Utilize, when and as appropriate, the services of Moorings
Presbyterian Church for disaster relief and recovery projects; and
6. Collier County agrees to be responsible, to the extent provided under
Florida Statues 768.28, for its negligent acts, however, this
responsibility shall not serve as a waiver of Collier County's
Sovereign Immunity limits.
7. Collier County agrees that it will indemnify and hold harmless
Moorings Presbyterian Church, its members, employees, and officers,
from and against any and all cost, expense, settlements or judgments,
including attorney fees, resulting from claims for damages arising out
of occupancy and use of the facility by Collier County pursuant to this
agreement. However, this indemnity shall not apply to any damages
resulting from negligence of Moorings Presbyterian Church.
B. Moorings Presbyterian Church agrees to:
1. Provide facilities and/or staff to Collier County at no charge during the
disaster recovery period; and
2. Provide a 24 hour contact person and alternates; and
3. Provide a representative to attend periodic meetings of the Collier
Emergency Response Volunteer (CERV) Working Group; and
4. Participate in exercises developed by the Emergency Management
Department; and
5. Provide the Emergency Management Department with an update of
facility and manpower capabilities at least annually prior to June of
each year.
C. Both of the above named parties agreed to the following:
1. No modifications or changes will be made to the facility/property by
the Collier County Representative without the express written approval
of the owner/operator; and
2. Prior to occupancy, representatives of both parties will inspect the
facility/property and will note any discrepancies on the inspection
form, and/or this agreement. Normal wear and tear is considered to be
the responsibility of the organization/owner/operator; and
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3. The facility/property will be returned to the organization / owner /
operator in the same condition as it was when occupied/acquired.
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16F 2
V. Effective Date: This Agreement presents general and some specific guidelines
by which Collier County, through its Emergency Management Department, will
cooperate to aid victims at the time of disaster. In witness thereof, the parties
have executed this agreement on the date indicated. The provisions of the
Agreement will be effective from the date signed. Both parties have the authority
to amend provisions of this Memorandum of Understanding upon mutual consent.
ArrEST: "
DWIGHT I;.13ROCK:, ..CLERK
iY:D~r~ 0(.
'~1Qt1attlrf C'" .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
:;V:J..7/0?
Moorings Presbyterian Church
By:
Si
~fL G. Fifer
Typed or Printed Name
Second Witness:
{' ~A vk=-6 ~-
Signature/Date o/~O r:.
~0\L. CY: VJ'rhl6-
Typed or Printed Name
0H/ft Sf(A-I'? J'Q~ l't 11 /~S
Typed or Printed Name
Item # \Cofa-
Approved as to form and legal sufficiency:
8~~;da d-:JJ-C-
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Date d ,. ;:/is - ,,-
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De Clef
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116G
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Memo
Date:
February 27, 2007
To:
Commissioner Donna Fiala
Board of County Commissioners
From:
CRA- Bayshore/Gateway
Subiect:
Original Documents for Signature
Comments:
Please sign all documents as approved today. Upon completion please contact the CRA
Office at 643-1115 for pick-up. Do not forward documents.
Thank you,
CRA Staff
16G
1 t
MEMORANDUM
Date:
February 28, 2007
To:
David L. Jackson
Executive Director/CRA
2408 Lindwood Ave, Suite 7
Unit 11
Naples, Florida 34112
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Agenda Item #16Gl:
Lease agreement between Collier County and
Lafayette N. Ingram III (d/b/a Gulf Gate South)
Attached, for your records, please find two original lease agreements as
referenced above (Agenda Item #16G 1) approved by the Board of County
Commissioners on Tuesday, February 27, 2007.
The Minutes & Records Department has retained the third original lease
agreement for record.
If you should have any questions, please contact me at 774-8406.
Thank you,
Attachments (2)
16 .G / ~l It
LEASE AGREEMENT
THIS LBASE AGRlillDllD1'1' entered into effective the ~'aay of February, A.D.,
2007, by and between LAFAYETTE N. INGRAM, III, Doing Business as Gulf Gate South,
A Registered Fictitious Name, hereinafter called the wLandlordw, and the BOARD
OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SITTING AS THE COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY, hereinafter called the "Tenant".
WIT H E SSE T HI
That the Landlord leases to the Tenant and the Tenant leases from the
Landlord for a term beginning on the 1st day of March, 2007, and terminating on
the 31st day of August, 2007, the premises described to-wit:
unit Number 14, in that Office and Retail Complex known as Gulf Gate
South, the street address of which is: 2740 Bayshore Drive - Naples,
Florida 34112, constructed upon that tract, parcel, or piece of real
estate described on the attached Exhibit "A", attached hereto and
incorporated herein by this reference.
The above described premises to be used only for the office and meeting room of
the Collier County Redevelopment Agency.
The monthly rental for the above described premises to be
*************SEVEN HUNDRED NINETY-FIVE DOLLARS***************
($795.00), payable on or before the first day of each month which sum is to be
paid to the Landlord at such place as the Landlord might from time to time
direct, and which sum is presumed paid when received. The first and last month's
rental are payable to the Landlord in advance. Tenant has represented to the
Landlord that it is exempt from the payment of sales tax on the monthly rental.
AHD TBlil PARTIES I'tJRTBlilR AGREB:
1. HOISE: The Tenant acknowledges that the businesses on each side of
the premises leased and let hereby are "noise sensitive" and that the Tenant, its
guests and invitees, are not to generate any noise within the unit leased and let
hereby that can be heard outside of the leased unit and in particular that can
be heard in either of the adjoining units.
2. PIRlil RATBD CBILING: The Tenant acknowledges that the ceiling in the
unit leased and let hereby is a fire rated ceiling whose fire rating can be
compromised through holes or perforations in the ceiling. The Tenant expressly
contracts, covenants, and agrees, not to make any holes or perforations in the
ceiling whatsoever.
3. PRE-STRESSBD SLAB PLOORS: The Tenant acknowledges that the floors
in the unit leased and let hereby are pre-stressed concrete slabs whose strength
depends upon tensioned cables within the slab. The Tenant expressly contracts,
covenants, and agrees, not to make any cuts, holes or perforations in the floor
slab, nor to exceed the floor load limit of 100 pounds per square foot.
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4. BU:ILDDlG CODB COJIPLDUrCB a The Tenant acknowledges that any
improvements made to the premises are to be in compliance with the Building Codes
of Collier County, Florida, which require, among other things, that the drywall
used in the premises be commercial drywall, not less than 5/B inches in
thickness, that all electrical wiring be placed in metal conduits, and that there
be no holes or perforations in the fire-rated ceiling of the premises. Landlord
does not permit the use of any thing but steel studs in the interior walls. No
improvements may be made to the unit leased and let hereby without the Landlord's
consent in writing. Landlord's consent may be conditioned upon the work being
performed by a general contractor, licensed to do commercial work.
5. UT:IL:ITY CHARGBSa Utility charges are to be paid for by the Tenant.
Utility charges shall be defined as charges for water, sewer, electrical service,
telephone service, cable television, and garbage collection. Tenant acknowledges
that the water, sewer, and garbage collection service for the entire shopping
center is billed to the Landlord monthly by the providers of those services and
in turn the Tenant is to pay the Landlord, monthly, l/lBth of the charges for
water, sewer, and garbage collection. The present monthly charge for water,
sewer, and garbage collection service for the unit leased let hereby is $50.00,
per month. The first and last month's charge for water, sewer, and garbage
service is payable in advance.
6. RBPA:IRS AIm JlAJ:HTBHARCB a All repairs and required maintenance to the
interior of the premises shall be the responsibility of the Tenant. Tenant
agrees to keep and maintain the interior of the premises in as good condition as
on the commencement of this lease, normal wear and tear excepted, and to be
responsible for the repair, replacement, and the maintenance of all heating and
air-conditioning equipment, plumbing, hot water heaters, electrical equipment,
and electrical wiring exclusively serving the premises leased hereby. All
repairs and required maintenance to the exterior of the premises and all of the
repairs and required maintenance to the plumbing and electric serving other
tenants or building common areas shall be the responsibility of the Landlord.
7. nrS~CBa
A. 'The tenant agrees to carry, bear and pay for malicious mischief, fire
and windstorm insurance on the plate glass and fixtures on the premises in an
amount not less than the fair market value of said fixtures and plate glass, such
policy to be written in a standard old line insurance company duly authorized to
do business in the State of Florida, approved by the Landlord, and the Landlord
shall be named therein as an additional insured, and the Certificate of such
original policies, or renewals thereof, shall be deposited with the Landlord.
B. The Tenant agrees to carry for the protection of the Landlord and
the Tenant, public liability insurance in an amount of not less than the sum of
$1,000,000.00/$1,000,000.00, with such policy to be written on a standard old
line indemnity and insurance company authorized to do business in the state of
Florida, approved by the Landlord. The cost of all such premiums on all such
policies shall be paid and borne by the Tenant, and the certificate of such
original policies or renewals thereof shall be deposited with the Landlord.
C. The Tenant agrees to pay to the Landlord 1/12th of 1/18th of the
insurance premiums and premium financing charged to the Landlord for fire,
windstorm, flood, and liability insurance on the property in and upon which the
leased premises leased and let hereby is located. The current charges to the
Landlord for fire, windstorm, flood, and liability insurance on the property in
and upon which the leased premises leased and let hereby is located, with premium
finance charges, is currently $38,718.00, per year, of which the Tenant shall pay
$2,151..00, per annum, or $179.25, per month. The first and last month's
insurance premiums and charges are payable to the Landlord in advance.
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The Tenant acknowledges that the charges for insurance premiums may increase or
decrease during the term of this LEASE AGREEMBlIlT, and the Teilant agrees to pay
the adjusted sum monthly, together with the other sums required to be paid under
this LEASE AGREEMENT, with the rental payments as they fall due.
D. The Tenant agrees that in the event of loss or damage to the building
in which the leased premises is located by windstorm or tornado, that the tenant
will pay 1/9 of any insurance deductible, for the building in which the leased
premises is located. The current insurance deductible for the building in which
the leased premises is located is five percent (5%) of the insured value of the
building, and the current insured value of the building in which the leased
premises is located is $995,500.00, making the five percent (5%) deductible the
sum of $49,775.00, of which the Tenant's 1/9th share in the event of a loss by
windstorm or tornado is $5,530.55.
8. LJ:AB:ILrrYl Landlord and Tenant covenant and agree that the Landlord
shall not be liable to the Tenant nor to any person whomsoever for any injury,
loss or damage to any person or property in or upon the premises leased and let,
and the Tenant assumes all liability for and on account of any such injury, loss,
or damage, and will at all times indemnify and save harmless said Landlord for
from and against all liability, damage, and expense, caused by or growing out of
any injury, loss or damage, to persons or property upon the premises hereby
leased or let during the term hereof, subject however to the limitations imposed
by 5768.28, Florida statutes.
9. TBRHDlA'1'::tON BBCAl1SB 01' DBI'AlJL'1'l After occupancy under this Lease has
begun if the Tenant fails to comply with any of the terms of this Lease and such
default continues without reasonable justification for fifteen (15) days after
notice to cure the default, the Landlord shall have the option of declaring
tenant's right of occupancy terminated and shall be entitled to immediate
vacation of the premises or have immediate possession thereof, as the case might
be, without forfeiting whatever further right the Landlord may have to damages
for breach of Lease. Notice required for in this paragraph shall be given either
(a) by posting on the door of the premises leased and let, in which case notice
shall be effective on the date the notice is posted, or (b) by united States Mail
by either Certified Mail or Express Mail, Return Receipt Requested, and shall
begin to run on the date notice is delivered or the date delivery is first
attempted if delivery is refused. No assent, express or implied, by the Landlord
to a breach of any of the covenants contained herein shall be deemed to be a
waiver of any succeeding breach of the same or any other covenant contained
herein.
10.
either the
because of
tornado, or
DBS'1'Rl1C'l'::tON 01' P:RBII::tSBS I The Lease will terndnate at the option of
Landlord or the Tenant if the premises become uninhabitable
condemnation, fire, hurricane, rising water, seeping water,
other casualty not the fault of the Tenant.
11. DfSPBC'l'::tON D'ORDfG OCCUPANCY I The Tenant will allow the Landlord or
any agent of the Landlord duly authorized in writing, to enter upon the premises
for the propose of inspection at reasonable times and during the last month of
this Lease will permit the posting of customary "For Rent" or aFor Sale" signs,
and after reasonable notice will permit the Landlord or his agents to show the
premises to prospective Tenants or purchasers.
12. J:BYDlGI The Tenant acknowledges that the Landlord has a master key
to the premises and the Tenant expressly contracts, covenants, and agrees that
the locks on the premises will not be changed without the express consent of the
Landlord in writing. If a burglar alarm is installed on the premises the Tenant
agrees to give the Landlord a key to the burglar alarm system.
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13. ALTBRATJ:OlllS UD J!':IXTURBS. The Tenant has no authority to make any
alternations to the premises or to incur any debt or make any charge against the
Landlord to create any lien upon the leased premises for any work done or
materials furnished without the express consent of the Landlord in writing. Any
fixtures installed by the Tenant shall be at his own expense and then only with
the Landlord's consent in writing and shall be affixed in a manner which will not
damage the building and shall become a part of the freehold unless otherwise
agreed in writing. In the event any fixture agreed to be removed or other
personal property of the Tenant is not removed at the expiration of this Lease
the Landlord may treat the same as abandoned and may at the Landlord's option,
charge the Tenant the cost actually paid for removal or treat said fixture or
personal property as a gift to the Landlord and retain the same.
J.4. SJ:GN'S AND BXTBRJ:OR OJ!' 'l'HB PRBKJ:SBS. The Tenant is not to suffer any
holes to be drilled or made in the exterior of the building, nor any placard to
be placed on the outer walls, nor any signs to be on the premises, except such
as the Landlord shall approve, and then only in such place and so affixed as
shall be approved by the Landlord and shall first be prescribed in writing.
J.5. TAXlIS.
A. Unless the Tenant is exempt from payment of sales taxes, the Tenant
agrees to pay to the Landlord monthly, all sales taxes imposed on the rental of
the leased premises, as well as the sales taxes on those other items paid under
this LEASE AGREEMENT that the Florida Department of Revenue has defined as sums
upon which the sales taxes are due. The Florida Sales Taxes shall be paid to the
Landlord each month with the monthly rental due.
B. Tenant agrees to pay to the Landlord monthly, J./J.8th of all ad
valorem taxes imposed or charged against the premises in and upon which the
leased premises is situate, being the lands set forth and described on the
attached Exhibit "A". Tenant agrees to escrow J./12th of 1/18th of the estimated
ad valorem taxes imposed on the lands described in Exhibit "A", with the Landlord
monthly. The current ad valorem tax escrow is $85.00, per month.
J.6. ASSJ:GlIlJIBH'1' AND Mrl'J:GAT:IOlll OJ!' DAMAGBS. The Tenant shall not assign or
sublet the premises during the initial term hereof, or any renewals thereof,
without having first obtained the written consent of the Landlord. If during the
initial term hereof, or any renewals thereof, without cause and without having
presented a suitable assignee or sub-tenant (what constitutes a "suitable"
assignee or sub-tenant shall be in the sole discretion of the Landlord but shall
not be unreasonable) I the Tenant vacates the premises it shall be the duty of the
Landlord to mitigate damages by either (1) terminating this Lease, in which event
the rent shall abate from the date the Lease is terminated, or, (2) by making
every reasonable effort to re-rent or lease the premises to a suitable tenant for
the remainder of the lease term as agent for the Tenant. Tenant has posted a
$500.00, damage and lock change deposit.
J. 7 . USB, CHANGB :IN' mSURAlIlCB RATBS BBCAUSB OJ!" USB, QU:IBT BlIlJOnoorr, AND
LOCAL LAWS. The Tenant covenants that he will use the premises in compliance
with all laws and ordinances applicable to the leased premises and in a manner
that will not increase the fire insurance rates on the building in which the
leased premises is located. For the purpose of determining whether tenant's use
is such as to result in an increase in the fire insurance rates, it is assumed
that the present fire insurance rate is predicted upon the building in which the
leased premises is located is being used solely as an office and retail complex
not involving the consumption, sale, storage, or use of inflammable gases,
materials, or products, and Tenant contracts, covenants, and agrees to use the
premises solely as an office and retail space not involving the consumption,
sale, storage, or use of inflammable gases, materials, or products.
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Tenant further agrees not to use the premises in such a manner as to disturb
neighbors and not to accumulate junk, trash, debris, or any other matter or
material around the exterior of the premises. The Landlord covenants that the
Tenant upon complying with the terms of this Lease and on paying the rent
provided for herein, shall peaceably and shall quietly have, hold, and enjoy the
premises leased and let hereby for the full term of this Lease and all renewals,
if any, thereof.
18. TDIB 01' TO BSSDeB. Time is of the essence in the matter of
possession of the premises, and the failure of either party to permit
possession thereof shall entitle the offended party to any damages
provided by law. Provided however, if initial possession on the date provided
is denied the Tenant because of possession by third parties, or otherwise through
no fault of the Landlord, the Tenant may, upon being so denied possession for a
period in excess of thirty (30) days terminate this Lease by notice to the
Landlord and if so terminated the Tenant shall be entitled to a return of any
money paid under this Lease.
19. AG1D1'1'S. The Landlord may authorize an agent to act in his stead by
giving such agent a written Power-of-Attorney, general or special, to act in all
matters within the purview of this Lease upon furnishing the Tenant a signed and
notarized copy of said written Power-of-Attorney as provided for hereinabove.
Attorneys engaged by the Landlord to represent the Landlord, licensed to practice
the State of Florida, shall not be required to furnish proof of their authority
to act on behalf of the Landlord.
20. ATTODBYS' I'BBS. In the event that the Landlord or the Tenant must
engage the services of an attorney to enforce any of the terms of this Lease, it
is expressly contracted, covenanted, and agreed, by and between the Landlord and
the Tenant that the prevailing party in any such action, shall be entitled to
recover their reasonable attorneys' fees as well as the Court costs which might
be incidental to a suit brought for the purposes of enforcement of any or all of
the terms of this Lease. If the Landlord shall be an attorney-at-law, Landlord
may engage himself.
21. DAllAGB DBPOSJ:T ARD LOClt CBABGB DB. The Tenant is required to post
a deposit of $500.00, to first be applied toward the cost to the Landlord to
repair any damage to the unit upon vacation by the Tenant, and secondly to cover
the cost of changing the locks to the unit. The use of these deposit monies
shall not be the exclusive remedy of the Landlord in the event of damage to the
unit by the tenant, its guests and invitees. Any unused deposit shall be
returned within 30 days of Tenant's vacation of the premises.
22. SALE 01' PRBKJ:SBS. Should the Landlord sell the real property upon
which the premises leased and let hereby is located, the purchaser from the
Landlord shall have the right to terminate this lease agreement upon ninety (90)
days notice to the Tenant(s).
23. HOLDDlG OVBR. Should the Tenant hold over possession of the premises
beyond the expiration date of this lease, or any renewal thereof, all of the
terms and conditions of this lease shall apply during any period that the Tenant
might hold over, except that the Landlord shall have the right given by ~83.06,
Florida Statutes, to double the rent for any period that the Tenant holds
possession of the premises beyond the lease term, or any renewal thereof.
24. SUBORDDlATJ:ONI This Lease shall be Subject and subordinate at all
times to the lien of existing mortgages and mortgages which hereafter may be made
a lien on the premises. Tenant expressly agrees to execute and deliver such
further instruments required to subordinate this lease to the lien of any such
mortgages as shall be desired by any mortgagee.
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1'6 G'l 1.
25. CONDBllNATJ:Olh The Tenant expressly waives the right to share in any
condemnation award for the governmental taking of all or any part of the premises
leased and let hereby, and expressly waives the right to share in any
condemnation award for a governmental taking of any portion of the property
described in Exhibit nAn.
26. DBLB'l'BD.
27 . SHOPPJ:R'G CD'1'B1l LUSB I The Landlord and the Tenant each acknowledge
that this is a nshopping center leasen and that as such it is in the best
interest of the Landlord, the Tenant, and the other tenants in the shopping
center to have a mix of tenants in the shopping center, and that it is for this
reason, among others, that this lease is not freely assignable by the Tenant, and
may only be assigned with the express written consent of the Landlord, to a
compatible, comparable tenant approved by the Landlord, in writing. What shall
constitute a · compatible, comparable tenant. shall be in the sole discretion of
the Landlord.
28 . TRASH RBCBPTACLBS I
A. The Tenant expressly agrees not to leave any trash or garbage on the
exterior of the premises leased and let hereby and understands and agrees that
all trash generated on the premises must be deposited in the enclosed dumpster
located in the northeastern corner of the center on Bayshore Drive. Tenant
further agrees that any trash or garbage of a perishable nature is to be placed
in air-tight plastic bags before being deposited in the dumpster container to
avoid any unpleasant odors.
B. Tenant expressly agrees not to use the trash receptacles on the
walkways in front of the units, those trash receptacles being reserved solely for
the use of the patrons of the shopping center and not for use by the Tenants.
29. HAZARDOt1S 1f.I.S'l'BS I The Tenant expressly contracts, covenants, and
agrees not to place in the common trash receptacle or dumpster any hazardous
waste as defined by State and Federal Law, and to dispose of all hazardous waste
in the manner prescribed by State and Federal Law.
30. COO~J:R'G ROT PBRJlJ:1"1'BD OR TBB PRBIIJ:SBSI It is expressly agreed by and
between the Landlord and the Tenant that cooking facilities on the premises are
expressly prohibited, and that the Tenant will not cook or have any cooking
facilities of any kind on the premises.
31.. NO SHOEING IN UlT.I'1'1 The Tenant expressly agrees that no smoking will
be permitted in the unit leased and let hereby. If the Tenant, its guests and
invitees, do smoke in the leased unit, the Landlord may terminate this LEASE
AGREEMENT, and Tenant agrees to pay for replacement of the air-conditioning unit
and ductwork to remove tobacco smoke and residue, and for the chemical treatment
of the unit to remove smoke odors, replacement of the ceiling, replacement of the
flooring, and the painting of the unit.
32. LATB CHARGB: Any sums due and payable under this lease that are not
received within fifteen (15) days the due date are subject to a late fee of
five percent (5%) of the late payment.
33. RlDTBWALI At the end of the initial lease term, if the Tenant shall
not be in violation of any of the lease terms and conditions, the Tenant is
hereby granted an option to renew this Lease for an additional period of twelve
(12) months, by notifying the Landlord in writing, by Certified Mail, Return
Receipt Requested, at least sixty (60) days prior to the termination of the
initial lease term of its intention to do so. All of the terms and conditions
-6-
16 G l.1i
of this Lease shall apply during the renewal term, except that the base monthly
rental shall be increased to $895.00, per month.
34. REFERlmCES TO GDmBR, THE SDlGtrLAR AND THE PLURAL. Where referenced
are made to the "Landlord" and the "Tenant" the same shall be construed for the
singular, the plural, individual, or body corporate, as the context requires.
35. LANDLORD AND TBNAHT'S ADDRESSES FOR ROTICES.
Landlord's Address:
Tenant's Address:
Suite No. 302
900 Sixth Avenue South
Naples, Florida 34102-6792
Unit No. 17
2740 Bayshore Drive
Naples, Florida 34112
36. TAX mBN'l'IFICATION' R'DIIBBR. The Tenant's Social Securi ty or Tax
Identification Number is: Not Applicable.
BY SIG:NDlG THIS LEASB AGRBDBJfT, THE TENANT AGREBS THAT UPON' SlJRRBHDBR OR
ABANDONMBlrl' AS DBP'IJfBD BY FLORIDA STATUTBS, THE LANDLORD SHALL N'OT BB LIABLB OR
RBSPON'SIBLE FOR STORAGB OR DISPOSITION' OF THB TENANT'S PERSONAL PROPBRTY.
IN WITNESS WHEREOF, the Tenant has executed this LEASE AGREEMENT this the
_ day of February, A.D., 2007.
ATTEST: '
BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, SITTING AS THE COLLIER
COUNTY COMMUNITY REDEVELOPMENT AGENCY,
TENANT
By,fu11 ,,~.,,'~-o.c
Dwi9htt~ if 1trk
:-e s 1 onlt~ 01 ",
~ 1...- IN WITNESS WHEREOF, the
day of February, A.D.,
By:
t~a, J~
[LS]
Executed in
itness
[print~~am~f/~~
(2 )
WJ.tness
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
'f1I~011. ~-~
(hCt~ri~ m. ~~- S~((,'(''5
st La..uL C:u orney
Item # \ bb1-
~q8nda2-21-1\,
[,31e ~ l
c:Gu1Lgat;e.HA
Rev, 01/31/07
-7-
~Sl~ 2 -2() ,D'
r:ec d \':::) ~ I
,,:,~c,..,,-
u,~
E...-_._______..
16G 1
BXHIBIT -Aa
A parcel of land being a portion of Lots 37 and 38, NAPLES GROVE AND
TRUCK co's LITTLE FARMS, NO.2, according to the map or plat thereof
recorded in Plat Book 1, Page 27, of the Public Records of Collier
County, Florida, more particularly described as follows:
From the Southeast corner of said Lot 37, run Westerly along the
South line thereof for 25 feet to the West line of Kelly Road;
thence North, 228.46 feet along said West line of Kelly Road for the
POINT OF BEGINNING of the parcel herein described; thence South 89
Degrees 53 Minutes 50 Seconds West, 762.11 feet to the West line of
said Lot 38; thence South 0 Degrees 06 Minutes 10 Seconds East,
189.39 feet along said West line of said lot 38; thence North 89
Degrees 55 Minutes 50 Seconds East, 761.77 feet to the West line of
Kelly Road; thence North, 188.46 feet along the West line of Kelly
Road to the POINT OF BEGINNING of the parcel herein described.
ALSO DESCRIBED AS:
A parcel of land being a portion of Lots 37 and 38, NAPLES GROVE AND
TRUCK CO'S LITTLE FARMS, NO.2, according to the map or plat thereof
recorded in Plat Book 1, Page 27, of the Public Records of Collier
County, Florida, more particularly described as follows:
From the Southeast corner of said Lot 37, run Westerly along the
South line thereof for 25 feet to the West line of Kelly Road;
thence North, 228.46 feet along said West line of Kelly Road for the
POINT OF BEGINNING of the parcel herein described; thence South 89
Degrees 53 Minutes 50 Seconds West, 762.11 feet to the West line of
said Lot 38; thence South 0 Degrees 06 Minutes 10 Seconds East,
189.39 feet along said West line of said Lot 38; thence North 89
Degrees 49 Minutes 40 Seconds East, 761.77 feet to the West line of
Kelly Road; thence North, 188.46 feet along the West line of Kelly
Road to the POINT OF BEGINNING of the parcel herein described.
c:Gulfl1al:e. J.4A
Rev. 01/31/07
-8-
16G31'
MEMORANDUM
Date:
February 28, 2007
To:
David L. Jackson
Executive Director/CRA
2408 Lindwood Ave, Suite 7
Unit 11
Naples, Florida 34112
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Agenda Item #16G3: Sales contract(s) for the purchase of a
residential lot in the Bayshore area of the CRA as part of a
eRA Residential Infill Project
Site address: 3148 Van Buren Avenue
Attached, for your records, please find the five (5) original sales contracts
as referenced above (Agenda Item #16G3) approved by the Board of
County Commissioners on Tuesday, February 27, 2007.
The Minutes & Records Department has retained copies of the contracts for
the record.
If you should have any questions, please contact me at 774-8406.
Thank you,
Attachments (5)
I:H
REALTOR"
SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY)
'1
SELLER: Alice Barbara Collins & Robert D. Stubli
BUYER: Collier County Redevelopment Agency
ADDRESS: 114 N. Pleasant Street
ADDRESS: 3301 Tamiami Trail East
Montpelier, Ohio 43543-1146
Naples, FL 34112
UPON ACCEPTANCE OF THE OFFER OR COUNTEROFFER, SELLER has agreed to sell and BUYER has agreed to buy, UPON THE FOLLOWING
TERMS AND CONDITIONS, the real property hereafter legally described ("Property"), together with fixtures, including bum-in appliances, refrigerator, stove,
dishwasher, washer, dryer, ceiling fans, walHo-waH carpeting, window coverings and None
and the persooal property, if any, as listed on the attached inventory, free from liens. The following items are specifically exduded from this Contract:
None
Personal property items transferred with the real property are deemed without value, left for the convenience of the parties, and transferred without
consideration, unless otherwise agreed to by the parties.
LEGAL DESCRIPTION IF THE PROPERTY IS NOT A CONDOMINIUM UNIT(S):
Kellv Plaza Lot 7 , Naples
LEGAL DESCRIPTION IF THE PROPERTY IS A CONDOMINIUM UNIT(S):
Unit(s) No. of
Declaration of Condominium thereof, recorded or referenced in O.R. Book
County, Florida.
If applicable, SELLER shall convey SELLER's exdusive right to use Parking Space(s) , Cabana(s)
Storage Locker(s) , Boat Dock(s) or Slip(s) , or other common elements and common areas to which SELLER has an
exdusive right of use and the right to convey.
, Collier
County, Florida.
, Page
, a Condominium, according to the
, Public Records of
IF THE PROPERTY IS A COOPERATIVE PARCEL, THE COOPERATIVE ADDENDUM TO SALES CONTRACT (RESIDENTIAL IMPROVED
PROPERTY) IS INCORPORATED HEREIN AND MADE AN INTEGRAL PART OF THIS CONTRACT.
The address ofthe Property is: 3148 Van Buren Avenue, Naples, FL 34112 Folio: 52700280000
1. PURCHASE PRICE: The purchase price (U.S.), which is allocated to real property ~ Q
only unless otherwise stated, shall be payable as follows: .........................................................$ 86,999.06 /~ C)OO. ~
A. Initial Deposit, in the amount of ...........................................................................................$
B. Additional Deposit to be received in escrow not later than ~ days after the
Effective Date, in the amount of ..............................,........,..................,.........,.........,...........$
1,000.00
C. Proceeds of mortgage, if any [See Paragraph 4.B.] ...........................................................$
D. Other: $
E. Balance of the purchase price, by local cashiers check or wire transfer
funds at dosing, subject to adjustments and prorations, of approximately ........................$
Deposit checks are accepted subject to collection.
84.090.00 pt ~V~ ~
@2oo5 Naplel Area Board of REAL TORse and Allociatlon of Rul EstItI Profellionall, Inc. All Rights Rellrved. (NABOR 11-11.2005)
Approved by the Marco Island Area Association of REAL TORS@, Inc. and the Collier County Bar Association. Page 1 of 9
16G3
~
2. PERIOD OF OFFER AND EFFECTIVE DATE: This offer or any counter-offer is revoked if not accepted, and notice of acceptance given to offeror
or counter-offeror, by 0 AM 0 PM on {Insert Date}. This time limit shall apply to all offers and
counteroffers unless otherwise stated. The Effective Date of this Contract shall be the last date either SELLER or BUYER signs or initials this Contract.
INITIALED CHANGES MUST BE DATED, OR THE LATEST DATE SET FORTH ON THIS CONTRACT SHALL BE THE EFFECTIVE DATE.
3, CLOSING DATE; CLOSING LOCATION; CLOSING AGENT; POSSESSION: Closing shall occur on Apri/16,2007
{Insert Date}, or prior to that date by written consent of both parties (the "Closing Date") in the county where the Property is located, at an office designated
by the closing agent, who shall be selected by BUYER. BUYER shall be the legal owner of the Property as of the closing, and SELLER shall vacate and
give possession of the Property at the closing. SELLER shall leave the dwelling(s) on the Property in broom-clean condition and the entire Property free of
debris.
4. METHOD OF PA YMENT[SELECT ONE. IF NO SELECTION IS MADE, A. SHALL APPLY): IiI A. CASH: BUYER 'Nill pay cash, with no financing
contingency; 0 B. FINANCING CONTINGENCY: BUYER's obligation to purchase the Property is contingent upon BUYER obtaining a loan, in at least the
amount shown in 1.C. above, to be secured by a mortgage on the Property at [SELECT ONE. IF NO SELECTION IS MADE, (1) SHALL APPLY):
o (1) an initial or 0 (2) fixed rate of interest not exceeding % per year, for an amortized term of not less than _years [30 years if left
blank] with a balloon not sooner than _years. BUYER shall apply for the loan at BUYER's expense not later than _ days after the Effective
Date [10 days if left blank], and shall make a good faith effort to obtain said loan. If BUYER fails to give notice to SELLER of waiver of this financing
contingency on or before {Insert Date} [30 days after the Effective Date if left blank], either SELLER or BUYER
may terminate this Contract at any time. SELLER's right to terminate shall cease to exist if BUYER gives notice to SELLER that BUYER has waived this
financing contingency prior to SELLER giving BUYER notice of termination. Delivery of documentation evidencing loan commitment or loan approval
shall not constitute a waiver of the financing contingency. BUYER acknowledges that once BUYER waives this financing contingency, BUYER'.
deposit monies are no longer refundable under this Paragraph 4.
5. CDDIMSTU SPECIAL TAX DISTRICTS: If the Property is located within a Community Development Disbict (COD) or Municipal Service or Benefit
Taxing Unit (MSTU) [SELECT ONE. IF NO SELECTION IS MADE, A. SHALL APPLY): f\A. SEllER will pay in full at closing any outstanding capital
assessment balance, OR 0 B. BUYER will, at closing, assume any outstanding capital assessment balance. If B. is selected, the Addendum to Sales
Contract entitled .Special AssessmentslTaxes Disclosure" must be completed and signed by SELLER and BUYER, and attached to and made a part of
this Contract.
6. INSPECTIONS; WAIVER [SELECT ONE. IF NO SELECTION IS MADE, A. SHALL APPLY): Iii! A.INSPECTIONS: BUYER reserves the right to
conduct the inspections provided for in Standard D.2.a., OR 0 B. WAIVER: BUYER accepts the Property in its .as is. condition as of the Effective Date,
including the conditions disclosed in Standard 0.1. or in Paragraph 7. BUYER may conduct inspections of the Property; however, BUYER's obligation to
purchase the Property is not contingent upon the results of any inspections. However, BUYER retains the walk-through inspection rights set forth in
Standard D.2.c.(2), (3), and (4).
7. A. OTHER TERMS AND CONDITIONS: This contract is contingent upon final approval of the eRA Board of Directs.
Any and all brOkerage commissions or fees shall be the sole responsibility of the Seller.
SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) (NABOR 11.11.2005) PAGE 2 of9
16G3 1
7. A. OTHER TERMS AND CONDITIONS (Continued from Page 2):
ATTf~T:
DWIGHT E. BROCK, eLl
~lt~rfC'
"""t..... 001). ,...,. S
~prrt'w(-~r ~,,: ;-,1( rf, ,\ ;&Qdl Sufficiency
~~JU.J..J1),..~~~ - (J1AAll~
;iit;" J ".Ollr1ty Aft;:; ey
B. ADDENDUM: If additional tenns are incorporated into this Contract by separate Addendum, attach same and indicate here D.
REAL ESTATE TRANSACTION STANDARDS. SELLER AND BUYER ACKNOWLEDGE THAT THEY HAVE EACH RECEIVED AND REVIEWED
PAGES 1, 2, AND 3 AND REAL ESTATE TRANSACTION STANDARDS A THROUGH U ON PAGES 4 THROUGH 9 OF THIS CONTRACT, WHICH
ARE INCORPORATED IN AND MADE AN INTEGRAL PART OF THIS CONTRACT AND SHALL NOT BE REVISED OR MODIFIED EXCEPT IN
PARAGRAPH 7 0 THIS CONTRACT.
~67
~.~ i ~{)1
lfl1er-r:Y SjuW-\
(SEi Ier's Pnnted Name)
(Seller's Signature)
(Date)
0/- 4j,{J7
(Date)
Dot/It! L. ,Jar/iS il1/
(Buyer's Printed Name) ~\::'.L.t:t1.\J~ b 1~T7)a..
BM.{'sw>re t..:.Jr'tT::'1AJj71!f 1r1v<.LG'
IDENTIFICATION OF BROKERS AND SALES ASSOCIATES
C -AA-
(Seiler's Printed Name)
Listing Broker: Mike Hughs, Downing-Frye Realty,lnc
Listing Sales Associate: Kathy Smith
Selling Broker:
Item #
Selling Sales Associate:
DEPOSIT RECEIPT
Initial Deposit by 0 cash 0 wire or 0 check received on
will be held in escrow in accordance with the tenns and conditions of this Contract.
Received by:
for delivery to:
SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) (NABOR 11.11.2005) Page 3019
16G3
REAL ESTATE TRANSACTION STANDARDS
STANDARD A . TITLE. Title to the Property shall be good and marketable with legal access, subject only to the following exceptions:
(1) ad valorem and non ad valorem real property taxes for the year of closing and subsequent years; (2) zoning, building code and other use
restrictions imposed by governmental authority; (3) outstanding oH, gas and mineral interesls of record, if any; and (4) restrictions, reservations
and easemenls common to the subdivision, provided that none of the foregoing shall prevent use of the Property for residential purposes.
STANDARD B. TITLE EVIDENCE OR CREDIT; EXAMINATION; DEFECTS; LEGAL ACCESS; CLEARANCE. Not later than 15 days after the
Effective Date, SELLER shall fumish to BUYER a complete copy of SELLER's owners tiUe insurance policy. If the Property is located in Collier County and
SELLER fails to fumish a copy of the policy within the above time period, SELLER shall give BUYER a credit at closing in the amount of $350.00 in lieu of
said tide evidence. BUYER shall have 30 days after the Effective Date ("Examination Period ") for examination of title and detennination of legal
access. BUYER's obligation to purchase is conditioned on the Property having legal access to and from a public right of way sufficient for
residential use. If title is found defective or legal access is found to be lacking, BUYER shall, within the Examination Period, notify SELLER
specifying the title defect(s) or lack of legal access, and furnish copies of the title evidence and instrumenls evidencing such title defect(s) or lack of
legal access. If the title defect(s) render(s) title unmarketable, or if SELLER cannot deliver possession, or if there is no legal access, SELLER shall
have 30 days after receipt of notice from BUYER (the "Oearance Period") to clear or remove such title defect(s), deliver possession, or provide
legal access, at SELLER's expense. SELLER will use diligent effort to correct the title defect(s), deliver possession or provide legal access within
the Clearance Period, including the bringing of necessary suits. SELLER shall not be liable to BUYER for damages if SELLER cannot render title
marketable, deliver possession or provide legal access. If SELLER does not clear or remove the title defect(s), deliver possession or provide legal
access within the Clearance Period, BUYER may elect to accept such title, possession, or access as SELLER can provide, without reduction of the
purchase price, or to tenninate this Contract.
STANDARD C . INSTRUCTIONS FOR TITLE; ASSIGNMENT;T AX DEFERRED EXCHANGE. Not iater than 15 days prior to the Closing Date,
BUYER shall deliver to SELLER the name(s), address, manner in which title "';11 be taken, and a copy of any assignment executed by BUYER. No
assignment shall release BUYER from the obligations of this Contract unless SELLER consents in writing to such release. If either party intends
to treat this transaction as a tax-deferred exchange under I.R.C. Section 1031, the other party shall cooperate in accomplishing the exchange, and
consenls to the assignment of this Contract to a qualified exchange intennedlary for that purpose, provided there is no additional cost or delay in
closing and the exchanger is not released from liabUity under this Contract.
STANDARD D. DISCLOSURES; INSPECTIONS AND REMEDIES; ELECTION AND RESPONSE; WALK-THROUGH INSPECTION; RISK OF
LOSS.
1. DISCLOSURES:
I. GENERAL: SELLER knows of no facts or conditions materially affecting the value of the Property, except those which are readily
observable by BUYER, or which have been disclosed to BUYER by SELLER in writing and furnished to BUYER prior to the Effective Date of this
Contract or in Paragraph 7.
b. WETLANDS; SUITABILITY: Except as disclosed to BUYER in the manner set forth in Standard D.1.a., SELLER does not know of any
portion of the Property that has been detennined to be wetlands, or of any other condition or circumstance adversely affecting the Property which
might impair ns suitability for residential use or construction,
c. RADON GAS: Florida law required disclosure: Radon is a naturally occurring radioactive gas that, when ~ has accumulated in a building
in sufficient quantities, may present health risks to pefSOl1S who are exposed to ~ over time. Levels of radon that exceed federal and state
guidelines have been found in buildings in Florida. Additional infonnation regarding radon and radon testing may be obtained from your county
health department.
d. ENERGY EFFICIENCY: BUYER ackl1O'Medges receipt of the Department of Community Affairs brochure on the Florida Building Energy
Efficiency Rating System.
e. LEAD BASED PAINT/PAINT HAZARDS: If construction of the residence on the Property was commenced prior to 1978, SELLER is
required to complete, and SELLER and BUYER are required to sign and attach to this Contract, the Addendum entitled "Lead-Based Paint and/or
Lead-Based Paint Hazards: Disclosure of Information and Acknowledgement:
SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) (NABOR 11.11.2005) PAGE 4 019
16G3
f. MOLD: In Florida, mold is commonly found both indoors and outdoors. Interior infestation by certain mold may cause property damage
and health problems for some persons.
g. INSURANCE: BUYER is advised to apply for casualty insurance and obtain a claims history report on the Property to ascertain the
availability and cost of said insurance on the Property, which may be affected by past insurance claims on the Property, past insurance claims
filed by BUYER and/or by BUYER's credit status. BUYER may tenninate this Contract within 10 days after the Effective Date if past insurance
claims on the Property increase the cost or restrict the availability of casualty insurance coverage for the Property.
h. FIRE SPRINKLER/SAFETY SYSTEM RETROFrr: If the Property is located in a condominium or cooperative building requiring retrofit
for fire sprinklers or other life safety systems as shown on the list created by the local district fire marshal, BUYER may tenninate this Contract
within the statutory rescission period set forth in Standard I.
I. PERMITS AND VIOLATIONS: SELLER does not know of any improvements to the Property which were made without proper pennit(s)
or certificate(s) of occupancy/substantial completion (where required), of any existing violations of local ordinances or codes, or of any pending
code enforcement proceedings affecting the Property.
J. PROPERTY TAX DISCLOSURE: Florida law required disclosure: BUYER should not rely on the SELLER's current property taxes as
the amount of property taxes that BUYER may be obligated to pay in the year subsequent to purchase. A change of ownership or property
improvements triggers reassessments of the property that could result in higher property taxes. If you have any questions concerning valuation,
contact the county property appraiser's office for infonnation.
k. ZONING: SELLER has not commenced 8II'J proceedings to change the current zoning classification of the Property, nor will SELLER
initiate any such proceedings. SELLER has not received notice from any third party(ies) of any proceedings which would affect the current zoning
classification of the Property. Should SELLER receive any such notice, SELLER will promptly notify BUYER of same, and if the proposed zoning
would prevent the current use of the Property, BUYER may tennlnate this Contract not later than 5 days after receipt of said notice.
2. INSPECTIONS:
a. INSPECTION PERIOD; INSPECTION rrEMS: BUYER shall have 15 days after the Effective Date (the "Inspection Period") to have the
Property and improvements thereon inspected at BUYER's expense as follows: (1) all major appliances and equipment; sprinkler, well, septic,
heating, cooling, electrical, plumbing and security systems; major mechanical components; roof (including fascia and soffits); ceilings; structural
walls; foundation; swimming pool, spa and pooUspa deck(s); seawall; dock(s); boat lifts/davits and related electrical and mechanical components,
if any (collectively "Systems and Equipmenr), by an appropriately Florida licensed inspection company or licensed contractor, and/or (2) radon
gas, by a Florida certified radon measurement technician or specialist, and/or (3) Iead-based paint and hazards, by an EPA-certified lead exposure
risk assessor, and/or (4) termites or other wood-destroying organisms, by a certified pest control operator, and/or (5) air sampling, surface
sampling and/or dust sampling within the dwelllng(s) performed by a qualified indoor air quality inspector for the presence of toxic and pathogenic
molds, which inspection shall be non-invasive and shall not entail any perforation or removal of structural material unless approved in advance by
SELLER (collectively the "Inspection Items"). Upon reasonable notice, SELLER shall provide access and utilities service to the Property to
facil~ate the inspections.
b. DEFECTIVE INSPECTION rTEMS; BUYER'S ELECTION AND SELLER'S RESPONSE: Except as kl any facts or conditions discfosed
to BUYER in the mannersetforth in Standard D.1.a., if any inspection conducted during the Inspection Period reveals: (1) that any Systems and
Equipment are not in Working Condition, and/or (2) the presence of radon gas at a level in excess of EP A action levels, and/or (3) the presence of
lead-based paint or paint hazards requiring abatement under HUDIEPA protocols, and/or (4) the existence of active infestation by tennites or
other wood-destroying organisms and/or visible damage caused by active or past infestation; and/or (5) the presence of toxic or pathogenic molds
(collectively the "Defective Inspection Items"), BUYER shall, not later than 5 days after expiration of the Inspection Period: (a) notify SELLER of
any Defective Inspection Items, and (b) furnish to SELLER a copy of the inspection report(s) documenting the Defective Inspection Items, and
(c) notify SELLER of BUYER's election either to: (i) receive a credit from SELLER at closing In lieu of any repairs, replacements, treatment,
mitigation or other remedial action necessary to bring the Defective Inspection Items into compliance with the relevant standards set forth above
(the "Remedial Action"). If BUYER elects to receive a credit, the amount of the credit shall be equivalent to the estimated costs of any Remedial
Action and shall be detennined not later than the earlier of SELLER's Response Deadline, or 10 days prior to the Closing Date, or (ii) have
SELLER take Remedial Action at SELLER's expense. If BUYER elects (i), SELLER shall not be required to take any Remedial Action. If BUYER
makes no election, BUYER shall be deemed to have elected to receive a cred~ at closing.
SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) (NABOR 11.11.2005) PIge 5 d 9
16G3
Not later than 10 days after receipt of the written notice and inspection report(s) from BUYER ('SELLER's Response Deadline"), SELLER
shall notify BUYER whether SELLER agrees to BUYER's request If SELLER refuses BUYER's request by the SELLER's Response Deadline,
then BUYER may terminate this Contract not later than 5 days after SELLER's Response Deadline. If BUYER does not elect to terminate this
Contrac~ BUYER is deemed to have accepted the Property in the condition ~ existed on the Effective Date, except that BUYER retains the
walk-through inspection rights set forth in Standard D.2.c.(2),(3), and (4) below. If SELLER fails to respond by the SELLER's Response Deadline,
SELLER shall be deemed to have refused BUYER's request, and BUYER may terminate this Contract as set forth above.
If any Remedial Action requested by BUYER requires the approval of any community association governing the Property, and SELLER
fails to furnish BUYER with written documentation of said association's approval not Jater than 5 days prior to the Closing Date, BUYER may
terminate this Contract.
If BUYER does not have the Inspection Items inspected, or fails to do so within the Inspection Period, or fails to timely report any
Defective Inspection Items to SELLER, BUYER shall be deemed to have accepted the Property in the condition it existed on the Effective Date,
except that BUYER retains the rights set forth in Standard D.2.c.(2), (3), and (4) below.
Remedial Action shall be deemed to have been property performed when (1) the Systems and Equipment are placed in Working
Condition, (2) radon gas within the residence on the Property is reduced to below EPA action levels, (3) lead-based paint and paint hazaJds on
the Property are removed or contained in axordance with HUDIEPA guidelines, (4) any active infestation of termites or other 'MXXI-destroying
organisms is exterminated or treated, and all visible damage caused by active or past infestation is repaired or replaced; and (5) no toxic or
pathogenic molds are present within the dwelling(s). SELLER shall make a dHigent effort to perform and complete all Remedial Action prior to the
Closing Date, faKing which a Sll11 equivalent to 200% of the estimated costs of completing the Remedial Action shall be paid by SELLER into
escrow at dosing pending completion.
Systems and Equipment shall be deemed to be in Working Condition if opetating in the manner designed to operate. The roof, ceiling,
interior and exterior walls, foundation, swimming pool, spa and pooUspa deck(s) shall be in Working Condition if strooturally sound and watertight
Seawalls and docks shall be in Working Condition if structurally sound. SELLER shall not be obligated to take Remedial Action or grant a credit in
lieu of Remedial Action with regard to any Cosmetic Condition, which is defined as an aesthetic imperfection which does not affect the Working
Condition of the item, including corrosion; tears; 'Mlrn spots; discoloration of floor covering or wallpaper or window treatments; missing or tom
screens; nail holes; scratches; dents; chips; caulking; pitted pool surfaces; minor cracks in windows, driveways, sidewalks, pooUspa decks and
garage, tile, lanai and patio floors; and cracked roof tiles, curting or'M)l"Jl shingles and limited roof life, so long as there is no evidence of structural
damage or leakage.
No cost to repair or replace any Systems and Equipment item shall exceed the fair market value of that item if ~ were in Working
Condition.
c. WALK. THROUGH INSPECTION: BUYER (or a designated representative) may conduct a walk-through inspection of the Property prior
to closing or possession, whichever is earlier, to confirm: (1) completion of any Remedial ActIon agreed to by SELLER in Standard D.2.b. above,
(2) that the personal property items which are being conveyed as part of this Contract remain on the Property, (3) that the peISOfl8I property items
which are not being conveyed as part of this Contract have been removed from the Property, and (4) that SEllER has maintained the Property
as required in Standard D.2.d. below. Upon reasonable notice, SELLER shall provide access and utilities service to the Property to facilitate the
walk-through inspection.
d. MAINTENANCE OF PROPERTY; RISK OF LOSS: SEllER shall maintain the Property (including IMthout linitation the lawn, shrubbery,
and landscaping) in the condition existing on the Effective Date until the Closing Date or date of possession, whichever is eartier, except for
ordinary wear and tear and any Remedial Action agreed to by SELLER under Standard D.2.b. above. Any future loss and/or damage to the
Property between the Effective Date of this Contract and the Closing Date or date of possession, whichever is earlier, shall be at SELLER's sole
risk and expense. SELLER shall maintain all existing casualty insurance on all improvements on the Property until disbursement.
STANDARD E . SELLER'S INSTRUMENTS AND EXPENSES. SELLER shall pay for and provide, when applicable, induding any sales tax due
thereon: (1) the title evidence or credit specified in Standard B; (2) if the Property is located in Lee or Charlotte County. the premium for the owners
title insurance policy issued by the closing agent selected by BUYER, and the charges for title search, title examination, and title continuation
through the date of deed recording; (3) preparation of statutory warranty deed (or special warranty deed if SEllER is a fiduci8ly), bill of sale with
warranties of ownership and freedom from encumbrances, condominiumlhom8O'M1er association estoppelletter(s), tenant estoppelletter(s),
copies and assignment(s) of Iease(s), and an affidavit regarding liens, possession, and withholding under FIRPT A, in a form sufficient to allow
"gap" coverage by title insurance; (4) mortgage payoff letter from existing lender(s); (5) documentary stamps on deed; (6) real estate broker's
compensation (to be disbursed by closing agent at closing); (7) utility services to the Closing Date; (8) the full amount of condominiumlhomeowner
association special assessments and governmentally imposed liens or special assessments (other than CDDIMSTU assessments which are
addressed in Paragraph 5), which are a lien or a special assessment that is certain as to the identity of the lienor or assessor, the property subject
to the lien or special assessment, and the amount of the lien or special assessment on or before the Effective Date; (9) SELLER's attorney fees
and dosing fees, (10) if SEllER is subject to withholding under FIRPTA, reasonable charges associated with withholding, escrowing and/or
remitting funds, and/or preparing the withholding certificate application and/or tax return related thereto.
SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) (NASOR 11-11-2005) Page 6019
16G3-
STANDARD F. BUYER'S INSTRUMENTS AND EXPENSES. BUYER shall pay for and provide, when applicable, including any sales tax due
thereon: (1) recording fee for deed; (2) all cosls of any instltutionalloan secured by BUYER; (3) the premium for lender tiUe insurance policy, and if
the property is located in Collier County, the premium for the owners title insurance policy issued by the closing agent selected by BUYER and the
charges for title search, title examination, and title continuation through the date of deed recording; (4) recording membership approval;
(5) survey; (6) condominiumlhomeowner association membership transfer fee; (7) condominlumlhomeowner association res. transfer
fee/capital contribution; (8) pending liens or special assessmenls (liens or special assessments other than those described in Standard E(8)).
If it is detennined that there are pending liens or special assessments which do not fall under Standard E(8) above, which were not disclosed in
writing to BUYER by SELLER prior to or concurrent \Wh the execution of this Contract, and which exceed a sum equivalent to 1 % of the purchase
price, BUYER may tenninate this Contract, unless SELLER agrees in writing to pay the portion of such pending liens or special assessmenls in
excess of 1% of the purchase price. SELLER agrees to pay into escrow at closing a reasonable sum to insure that the excess will be paid;
and (9) BUYER's attorneys fees.
STANDARD G - PRORATIONS; CREDITS, These items will be prorated as of the Oosing Date, IMth BUYER charged with and entitled to the
Oosing Date. or the possession date, whichever is earlier. (1) ad valorem and non ad valorem real and personal property taxes based on the
current year (if available), otherwise on the prior yeats bill (without discount). If completed improvements exist on the Property for which a
certificate of occupancy was issued as of January 1st of the year of closing, which did not exist on January 1 st of the prior year, taxes shall be
estimated for proration by applying the current year millage rate to the current year taxable value of the Property. If the current year millage rate is
not fixed, the prior year millage rate shall be applied. If the current year taxable value is not fixed, the taxes shall be estimated for proration by
applying the most current fixed millage rate to a sum equivalent to 80% of the purchase price. A tax proration based upon any estimated tax shal,
at the request of either party, be re-prorated based on the actual tax bill amount; (2) interest on any assumed indebtedness; (3) rents;
(4) condominium/homeowner association assessments and CDDIMSTU operating and maintenance assessmenls; (5) county waste
assessments; and (6) appliance service contracls assumed by BUYER. BUYER shall receive from SELLER at closing a credit equivalent to the
amount of any security deposit and prepaid ranis held by SELLER, and any accrued interest thenlon, or alternatively, ownership or an
assignment of the account in which the deposils and prepaid rents, and any accrued interest thereon, are held.
STANDARD H . HOMEOWNERS' ASSOCIATION DISCLOSURE. If the Property is located within and governed by a mandatory homeowners'
association, the following provisions are incorporated into this Contract:
IF THE DISCLOSURE SUMMARY REQUIRED BY SECTION 720.401, FLORIDA STATUTES, HAS NOT BEEN PROVIDED TO THE
PROSPECTIVE PURCHASER BEFORE EXECUTING THIS CONTRACT FOR SALE, THIS CONTRACT IS VOIDABLE BY BUYER BY
DELIVERING TO SELLER OR SELLER'S AGENT OR REPRESENTATIVE WRITTEN NOTICE Of THE BUYER'S INTENTION TO CANCEL
WITHIN 3 DAYS AFTER RECEIPT OF THE DISCLOSURE SUMMARY OR PRIOR TO CLOSING, WHICHEVER OCCURS FIRST. ANY
PURPORTED WAIVER Of THIS VOIDABlLITY RIGHT HAS NO EFFECT. BUYER'S RIGHT TO VOID THIS CONTRACT SHAll TERMINATE
AT CLOSING.
BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE -HOMEOWNERS' ASSOCIATION
DISCLOSURE SUMMARY,. WHICH IS ATTACHED TO AND MADE A PART OF THIS CONTRACT.
STANDARD I . CONDOMINIUM RESALE DISCLOSURE; VOIDABILlTY RIGHTS. If the Property is a condominium unites), the following
provisions are incorporated into this Contract: THIS AGREEMENT IS VOIDABLE BY BUYER BY DELIVERING WRITTEN NOTICE Of THE
BUYER'S INTENTION TO CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS AND LEGAL HOUDAYS,AFTER THE DATE Of
EXECUTION OF THIS AGREEMENT BY THE BUYER AND RECEIPT BY BUYER OF A CURRENT COpy OF THE DECLARATION OF
CONDOMINIUM, ARTICLES OF INCORPORATION, BYLAWS, AND RULES OF THE ASSOCIATION, AND A COPY OF THE MOST
RECENT YEAR-END FINANCIAL INFORMATION AND FREQUENTLY ASKED QUESTIONS AND ANSWERS DOCUMENT IF SO
REQUESTED IN WRITING. ANY PURPORTED WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER MAY
EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS AND LEGAL
HOUDAYS, AFTER THE BUYER RECEIVES THE DECLARATION, ARTICLES OF INCORPORATION, BYLAws, AND RULES OF THE
ASSOCIATION, AND A COPY OF THE MOST RECENT YEAR.END FINANCIAL INFORMATION AND FREQUENTLY ASKED QUESTIONS
AND ANSWERS DOCUMENT IF REQUESTED IN WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT
CLOSING. BUYER. by its execution of this Contract, hereby requests a current copy of the above referenced condominium documenls.
SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) (NABOR 11.11.2005) Page 7 of9
1663
STANDARD J . CONDOMINIUMlHOMEOWNER ASSOCIATION PROVISIONS; MEMBERSHIP APPROVAL. Any condominiumlhomeowner
association reserve account(s) is included in the purchase price. If association membership approval is required, BUYER shall, not later than 10
days after the Effective Date, make application for same in the name(s) in which title will be taken, and shall comply with all governing
requirements of the association and be responsible for securing membership approval. If no approval has been obtained prior to closing, either
BUYER or SELLER may tenninate this Contract. SELLER shall obtain a Ietter(s) from the association(s) which sets forth the amounts, periods and
payment status of assessments and transfer fees and resale capital contributions, and deliver same to the BUYER not later than 15 days prior to
the Closing Date. Some condominiums exist upon a leasehold estate or have associated recreational leases which may require the payment of
rents, taxes, maintenance, replacement and repair. BUYER takes title subject to any such lease. If the condominium exists solely upon a
leasehold estate, SELLER will assign its sublease to BUYER at dosing.
STANDARD K - MORTGAGE LENDER POLICIES. If BUYER obtains institutional mortgage financing, the policies of the lending institution shall
prevail as to the procedures for closing and disbursement of mortgage loan proceeds.
STANDARD L. SURVEY; COASTAL CONSTRUCTION CONTROL LINE. BUYER may, at BUYER's expense, have the Property surveyed not
later than 15 days prior to the Closing Date ("Survey Period"). If the survey, as certified by a registered Rorida surveyor, correctly shows:
(1) an encroachment onto the Property; (2) that an improvement located on the Property projects onto lands of others; (3) an improvement on the
Property violates a zoning, building or other governmental use restriction; (4) an improvement on the Property violates any recorded covenant or
restriction, or any covenant of this Contract; or (5) lack of legal access (collectively "Objections"), BUYER may, within the Survey Period, notify
SELLER of the Objections and shall furnish a copy of the survey. The Objections shall be treated as a title defect(s). If any portion of the Property
lies seaward of the Coastal Construction Control Line, as defined in Section 161.053 Florida Statutes, BUYER waives the right to receive a survey
or survey affidavit from SELLER delineating said line on the Property. If BUYER fails to obtain a survey within the Survey Period, BUYER waives
any right to object to any matters which might have been shown on a survey. If BUYER fails to make any Objections within the Survey Period,
BUYER waives any Objections.
STANDARD M - ESCROW; ESCROW AGENT(S). The escrow agent who accepts in escrow the deposit(s) paid under this Contract (the "Escrow
Agenr) shall hold the deposk(s) in escrow untN the earlier of: (1) delivery to another Escrow Agent for dosing, who by acceptance agrees to these
terms and becomes the Escrow Agent (the Escrow Agent holding the deposit(s) is authorized to so transfer the funds and is relieved of all liability
for the funds delivered); (2) delivery of the deed, with payment of the deposit(s) as part of the purchase price of the Property; (3) such time as
BUYER may be entitled to return of the deposit(s); or (4) delivery pursuant to written direction of the parties, at which time the Escrow Agent shall
pay all of the deposit(s) to the party(ies) entitled thereto. The Escrow Agent shall not be liable for the payment of any interest damages, attorneys
fees or court costs in any action brought to recover the deposit(s) held in escrow, or any part thereof, unless the Escrow Agent shall faU or refuse to
pay over any such deposk(s) pursuant to a judgment, order or decree that shall be final beyond possibility of appeal. In any proceeding which
litigates the disposition of the deposk(s), the Escrow Agent shall be entitled to be paid reasonable attorneys fees and court costs, which shall be
paid by the non-prevailing party. The Escrow Agent has no duty to collect or attempt to collect any deposit or check given as a deposit but shall
give the parties written notice ot (a) any deposit that is not received not later than 5 days after its due date, and (b) any deposit check that is not
paid on presentation, not later than 5 days of learning of its dishonor. Upon YKitten directive from BUYER, the deposit(s) shall be placed into an
interest bearing account and all interest accruing thereon shall be paid to BUYER in any event If the Escrow Agent is a licensed real estate
broker, the Escrow Agent shall comply with the requirements of Chapter 475, Florida Statutes.
STANDARD N - FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT (FIRPTA) WITHHOLDING. A SELLER who is a U.S. citizen or
resident alien and who furnishes BUYER with an affidavit attesting to same, is exempt from FIRPT A withholding. If SELLER is a foreign person or
entity, BUYER shall deduct and withhold from the purchase price, or collect from SELLER if the net proceeds are insufficient 10% of the purchase
price (the "FIRPTA Funds"), and remit same to the Internal Revenue Service ( the "IRS") within 10 days after the Closing Date, unless:
(1) the purchase price is not more than $300,000.00 and BUYER executes a certificate establishing that BUYER's acquisition of the Property is
for use as BUYER's residence in accordance with the Internaf Revenue Code and aU applicable regulations related to that exemption; or
(2) SELLER furnishes to BUYER, not later than the Closing Date, proof of submittal to the IRS of an apj,iication for withholding certificate, in which
event the closing agent (or other third party mutually designated by SELLER and BUYER) shafl hold the FIRPTA Funds in escrow pending
receipt of the withholding certificate, and shall remit the sum reflected in the withholding certifICate to the IRS within 10 days of receipt of the
withholding certificate, and shall prompUy refund any remaining balance to SELLER SELLER shall hold BUYER harmless and indemnify BUYER
for not withholding or collecting the FIRPTA Funds or for withholding and remitting only such reduced amount reflected in the withholding
certificate. BUYER shall provide to SELLER evidence of remittance of all or any portion of the FIRPTA Funds to the IRS. The failure of either
party to comply or to allow compliance with the requirements of FIRPT A and related regulations shall constitute a breach of this Contract.
SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) (NABOR 11.11-2005) Page 8 d 9
16G3 ,~
STANDARD 0 - QUICK CLOSING; INSURABILITY; CLOSING DATE EXTENSION. If the Closing Date does not allow suffICient time for
perfonnances by SELLER and BUYER within the time frames and by the deadlines set forth in this Contract, the parties agree to undertake and
complete all performances, inspections, surveys, examinations, delivery of documents, notices, satisfaction of contingencies and all other actions
required of or allowed to either party prior to the Closing Date, except that the statutory time period set forth in Standards H and I shall not be
affected by this provision. If BUYER is unable to obtain hazard, flood, wind or homeowners insurance at a reasonable rate due to extreme
weather conditions, BUYER may delay the Oosing Date up to 5 days after such coverage becomes available. If such coverage does not become
available for a period of 30 continuous days, either SELLER or BUYER may tenninate this Contract.
STANDARD P . TIME OF PERFORMANCE AND REMEDIES. Time is of the essence for closing tiUe. If BUYER does not perfonn BUYER's
obligations hereunder (except as excused by SELLER's default) all deposits made shall be paid to SELLER as liquidated damages, which
shall be SELLER's exclusive remedy. If SELLER does not perform SELLER's obligations hereunder (except as excused by BUYER's default),
BUYER may enforce this Contract by a suit for specific perfonnance, damages, or may terminate this Contract.
STANDARD Q - LITIGATION; A TIORNEYS FEES AND COSTS. In connection .,.;th any litigation concerning this Contract, the prevaHing party
shall be entiUed to recover reasonable attorneys fees and court costs from the non-prevailing party.
STANDARD R - NOnCE AND DISCLOSURES. All notices and dlsclOlul'll1IIUIt be In writing. Unless a party is required by law to deliver
notice or a disclosure directly to the otl1er party, all notices and disclosures required or pennitted under this Contract shall be effective when given
by a party or that party's broker or attorney to the other party or said other party's broker or attorney.
STANDARD S. MISCELLANEOUS. (1) The parties have agreed to deal in good faith and to diligently 'M>I'k toward a timely closing. (2) The
singular case or tense shaD Include the plural case or tense. (3) This Contract may only be modified in writing by the parties. (4) All references in
this Contract to a number of days shall mean calendar days. (5) Except as otherwise expressly provided by law, if any deadline falls on a Saturday,
Sunday, or federal legal holiday, said deadline shall be extended to the following business day. (6) As used herein, the tenns "real estate broker"
or broker" shall include all real estate brokers, brokerage corporations or business entities, and their respective sales associates involved in this
transaction. (7) All title evidence, condominium documents and other documents provided to BUYER by or on behalf of SELLER are the property
of SELLER until closing and shall be immediately returned to SELLER if this Contract is terminated. (8) If either SELLER or BUYER is permitted to
tanninate this Contract, said party shall do so by giving notice of said termination to the other party, whereupon all deposits made by BUYER shall
be promptly returned to BUYER, this Contract shall be of no further force and effect, and the parties shall have no further liablity to one another
hereunder except as set forth herein. (9) The headings used in this Contract are for convenience of reference only and shall not be used for
interpreting the meaning of any provisions of this Contract. (10) All provisions of this Contract which by their nature or context require
performance or provide rights after the Closing Date, including without limitation the provisions of Standard Q, shall survive closing. (11) Signaures
and initials communicated by electronic or facsimile transmission shall be binding. (12) This Contract may be signed in counterparts. and said
counterparts shall collectively constitute the entire agreement of the parties. (13) Upon reasonable notice, SELLER shall provide access to the
Property to appraiser(s} and surveyor(s) retained by BUYER.
STANDARD T. NEGOTIATED TERMS; REPRESENTATIONS. Any and all terms negotiated between the parties must be written into this
Contract. BUYER's decision to buy was based upon BUYER's own investigation of the Property. BUYER holds the broker(s) hannless from all
liability or loss caused by SELLER's failure to disclose material facts in accordance with this Contract, representations regarding the Property's
condition, or broker's referral, recommendation, or retention of any vendor. The parties agree that assistance to a party by a broker does not, and
will not, make the broker responsible for perfonnance.
STANDARD U . BINDING CONTRACT; LEGAL COUNSEL THE PARTIES ARE NOT REQUIRED TO USE ANY PARTICULAR FORM OF
CONTRACT. TERMS AND CONDITIONS SHOULD BE NEGOTIATED BASED UPON THE RESPECTIVE INTERESTS, OBJECTIVES AND
BARGAINING POSITIONS OF THE PARTIES. APPROVAL OF THIS FORM BY THE COLLIER COUNTY BAR ASSOCIATION AND
ASSOCIATIONS OF REALTORS DOES NOT CONSTITUTE AN OPINION THAT ANY OF THE TERMS AND CONDITIONS IN THIS CONTRACT
SHOULD BE ACCEPTED BY A PARTY IN A PARTICULAR TRANSACTION. THIS IS A LEGALLY BINDING CONTRACT FORM. EACH PARTY
ACKNOWLEDGES THAT PRIOR TO SIGNING THE CONTRACT, THE CLOSING EXPENSES HAVE BEEN EXPLAINED, REAL ESTATE
TRANSACTION STANDARDS A THROUGH U HAVE BEEN RECEIVED AND REVIEWED, AND THAT PARTY HAS BEEN ADVISED BY THE
REAL ESTATE BROKER TO SEEK LEGAL COUNSEL AND TITLE INSURANCE TO PROTECT THAT PARTY'S INTEREST IN CONNECTION
WITH THE TITLE STATUS AND CLOSING OF THIS TRANSACTION. BUYER AND SELLER ARE ADVISED TO CONSULT AN APPROPRIATE
PROFESSIONAL FOR LEGAL, TAX, PROPERTY CONDITION, ENVIRONMENTAL, AND OTHER SPECIALIZED ADVICE. THIS CONTRACT
SHALL BE BINDING UPON AND INURE TO THE BENEFIT OF THE PARTIES HERETO, THEIR HEIRS, ADMINISTRATORS, PERSONAL
REPRESENTATIVES, AND SUCCESSORS IN INTEREST.
SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) (NABOR 11.11.2005) Page 9 fA 9
JAN. 30. 2007
2: 17PM
COMM.HOSP.OF WMS.CO.
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SALES CONTRACT (RESIDENnAL IMPROVED PROPERTY)
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1. ~~"'&.e,... 501'''' ,. t r
~l.Ilth'.T. t'k,/I,ps. - W~~1'f 'A 'sTl4bi;
Alice Barbara Collins & Robert D. StubI 8UY!It
COI.... COUnlv RedtrwIoDm8ftt AoantN
114 N. Pl88lant Street ADDRb8:
3301 T8l11lami Trail Eat
I M~ Ohio 43643-1148 NIIO'" FL 34112
U~ ACCEPTANCe: OF THE OFFER OR COUNTERa=FER, SEI..L!R hIs.,..1o.... BUV!R r...., to bur, UPON THE FOl.LOWING
TERl4SANO CONDmONS. t1e-PfOPII1r hRllItl flgaly deea1bed ("PftlpIItf), ........ iftcWrvl1la-in..-.tIt\gIl.,8IrNe,
diIIMtmher, WIIher, ., "'tilJs. ~ ~ \IiIndowClMrings;nd None
IIId ~ ~....., ifanr..lI*f on ltelttllched 1rMnay, hafnrn lin. The~ iIImI..~ a:IudIdhm ttis QJrRct
, None
,\
~Il JlIQPIItr IeIlmt nn.r.m.d ... the ... prQIIIItr - dIMIed wild ... III tIr .. CGnWl!lienee Gf lie r:tII'IIII. ... "',wd wiIKxIl
~' .....--agN.tab,.......
~ DESCRIPTION IF THE PROPERf'f .S NOTA ~"'lMT(B):
~'-- Lot 7. . __
LEGAL DESCIIIP11ON"THE PItOJSlY II A CONDaMINIUII UNIT(S):
Unit(.j No. d
~ of Candamintuln thnof, rIICOrdId CI ~ in O.R. BocIr v-
County, FIoddI.
If ...... SEllER shill fDMIt 8ELLER'I __ rfGht tt u. Pwtdng Spa(I) . Cab8n8(1)
~ lodc8r(a) 8cuIt DocIc(a) Cl'SIp(.) . 01' oblr CIIIIYIrMlIl ...,~ n CGmIIIIII _ D wti:tt 8EL.l.Eft .. In
8IIClIustwe rfght of 11II8 ., fte rfght to con~.
IF THE PROPERTY IS A COOPERAnve PARCa.. THE COCPERATJYE ADDENDUM TO SALES CClN1'RACT (R!S1l)!N'nAL IMPROVED
PROPERTY) IS INCORPORATED HEREIN AND MADE AN INTEGRAL PART OF THIS CONTRACT.
TItoF"""""""" fi"'--- - FL34112 _~ ,
1, -.:==~=~~~~---...s. if~ll~llclll! 9ati/V.<I.
,.. InfIIIf Depoeit, in lie amountof.._.__....._.~...._..w._.._......................._...........,.w..$.
Cotner
CoL.dr. PbId8.
,PIge
-'" a C'AJndominium, ICCIClRfrtg 10 lb.
. Public RecxInII d
8. AddIIiDnaJ 0ep0lit1D be IICIIuId in escrow not ,*lh8n ~.. .. the
EII8ctive 0RIe, In the alnOlll'lt of _....._M....."..,.......,_.................................................. .......$
1~.Qi
Co Prcaeds airra1gBge.1 any lSe& Par-.~14.B,J.._......__......._._.__..._......._...~..$
~
0Iher:
Balaadllle PU~.. br .......ctlIec:*<<.. rrwrw
fUncflatdaling,...to ............. pItlo...... d 1IlPl~
0Ip08il checlb 1181CC81l11d IUI:I.:t to ooa.M.
s
............._..~
~.f!lP11f B~ 0 <10. 0'
lD 2lI05.....AnI.....af IBL1Cl..... ~...... .,...... "...laI_Ino.AII..... AIMMd. (IUICR 1t.11....
~ 1Ir'" ....IUIdMt hRlliIIIon afN!!AL1'CNe.1nc. .... Q:l!IerCcllnIr iw: AIIaaIIIiltl- P'If 1 oft
16G3 1"
tB SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) 15r
~
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'''lAth S. r hll/lr~ - Wft((.liCI'II1 $Tv-bll
SELLER: Alice Barbara Collins & Robert D. Stubli BUYER: Collier County Redevelopment Agency
ADDRESS: 114 N. Pleasant Street ADDRESS: 3301 Tamiami Trail East
Montpelier, Ohio 43543-1146
Naples, FL 34112
UPON ACCEPTANCE OF THE OFFER OR COUNTEROFFER, SELLER has agreed to sell and BUYER has agreed to buy, UPON THE FOlLOWING
TERMS AND CONDITIONS, the real property hereafter legally desaibed ("Property"), togeIher\Wh fixtures, including built-in appia1ces, refrigeraIa, stove,
dishwasher, washer, dryer, ceiling fans, walHo-waI carpeIiIg, window coverings and None
and the personal property, if any, as listed on the attached inventory, free from liens. The following items are specifically excluded from this Contract:
None
Personal property items transferred \Wh the real property are deemed without value, left for the convenience of the parties, and transferred without
consideration, unless otherwise agreed to by the parties.
LEGAL DESCRIPTION IF THE PROPERTY IS NOT A CONDOMINIUM UNIT(S):
Kellv Plaza Lot 7 . NaDles
, Collier
County, Florida.
LEGAL DESCRIPTION IF THE PROPERTY IS A CONDOMINIUM UNIT(S):
Unit(s) No. of
Declaration of Condominium thereof, recorded or referenced in O.R. Book
County, Florida.
,Page
. a Condominium, according to the
, Public Records of
If applicable, SELLER shall convey SELLER's exclusive
Storage Locker(s) , Boat Dock(s) or S1ip(s)
exclusive right of use and the right to convey.
right to use Parking Space(s) , Cabana(s)
. or other common elements and common areas to which SELLER has an
IF THE PROPERTY IS A COOPERATIVE PARCEL, THE COOPERATIVE ADDENDUM TO SALES CONTRACT (RESIDENTIAL IMPROVED
PROPERTY) IS INCORPORATED HEREIN AND MADE AN INTEGRAL PART OF THIS CONTRACT.
The address of the Properly is: 3148 Van Buren Avenue, Naples. FL 34112 Folio: 52700280000
,. PURCHASE PRICE: The purchase price (U.S.), which is allocated to real property
only unless otherwise staled, shall be payable as follows: .........................................................$
A. Initial Deposit, in the amount of...........................................................................................$
B. Additional Deposit to be received in escrow not later than 45 days after the
Effective Date, in the amount of ..........................................................................................$
- c..-)e~ a-
~'i'
1,000.00
C. Proceeds of mortgage, if any [See Paragraph 4.B.]...........................................................$
D. Other: $
E. BallI1Ce of the purchase price, by local cashiers check or "';18 transfer
funds at cJosjng, subject to adjustments and prorations, of approxinately ........................$
Deposit checks are accepted subject to colleclion.
~~?~
.-J
02005 Naplea Area Board of REALTOR5e IIId Anoclatlon of RHI Estate ProteI.Ion....lne. AU Rlghtl R8Hl'Ved. (NABOR 11.11.2005)
Approved by the Marco Island Ares A8aociaIion of REAL TORS~. Inc. and the Collier County Bar AsIociaIk:in. Page 1 of 9
16G3
2. PERIOD OF OFFER AND EFFECTIVE DATE: This offer or any counter-offer is revoked if not accepted, and notice of acceptance given to offeror
or counter-offeror, by 0 AM 0 PM on ~nsert Date}. This time limit shall apply to all offers and
counteroffers unless otherwise stated. The Effective Date of this Contract shall be the last date either SELLER or BUYER signs or initials this Contract.
INITIALED CHANGES MUST BE DATED, OR THE LATEST DATE SET FORTH ON THIS CONTRACT SHALL BE THE EFFECTIVE DATE.
3. CLOSING DATE; CLOSING LOCATION; CLOSING AGENT; POSSESSION: Closing shall occur on April 18 2007
{Insert Date}, or prior to that date by written consent of both parties (the "Closing Date") in the county where the Property is located, at an office designated
by the closing agent, who shall be selected by BUYER. BUYER shall be the legal owner of the Property as of the closing, and SELLER shall vacate and
give possession of the Property at the closing. SELLER shall leave the dwelfing(s) on the Property in broom-cIean condition and the entire Property free of
debris.
4. METHOD OF PA YMENT(SELECT ONE. IF NO SELECTION IS MADE, A. SHALL APPLY]: Sf A. CASH: BUYER..wI pay cash, with no financing
contingency; 0 B. FINANCING CONTINGENCY: BUYER's obligation to purchase the Property is contingent upon BUYER obtaining a loan, in at least the
amount shown in 1.C. above, to be secured by a mor1gage on the Property at [SELECT ONE. IF NO SELECTION IS MADE, (1) SHALL APPLY):
o (1) an initial or 0 (2) fixed rate of interest not exceeding % per ye81, for an amortized tenn of not less than -years [30 years if left
blank] with a balloon not sooner than -years. BUYER shall apply for the loan at BUYER's expense not later than _ days after the Effective
Date [10 days if left blank], and shall make a good faith effort to obtain said loan. If BUYER fails to give notice to SELLER of waiver of this financing
contingency on or before {Insert Date} (30 days after the Effective Date if left blank], either SELLER or BUYER
may tanninate this Contract at any time. SELLER's right to tenninate shall cease to exist if BUYER gives notice to SELLER that BUYER has waived this
financing contingency prior to SELLER giving BUYER notice of termination. Delivery of documentation evidencing loan commitment or loan approval
shall not constitute a waiver of the financing contingency. BUYER acknowledges that once BUYER waives this financing contingency, BUYER's
deposit monl.. are no longer refundable under this Paragraph 4-
5. CDDIMSTU SPECIAL TAX DISTRICTS: If the Property is located \-.ftthin a Community Development District (COD) or Municipal Service or Benefit
Taxing Unit (MSTU) [SELECT ONE. IF NO SELECTION IS MADE, A. SHALL APPLY]: ~ SELLER will pay in full at closing any outstanding capital
assessment balance, OR 0 B. BUYER will, at closing, assume any outstanding capital assessment balance. If B. is selected, the Addendum to Sales
Contract entitled "Special AssessmentslTaxes Disclosure" must be completed and signed by SELLER and BUYER, and attached to and made a part of
this Contract.
6. INSPECTIONS; WAIVER [SELECT ONE. IF NO SELECTION IS MADE, A. SHALL APPLY): if A. INSPECTIONS: BUYER reserves the right to
conduct the inspections provided for in Standard 0.2.a., OR 0 B. WAIVER: BUYER accepts the Properly in its "as is. condition as of the Effective Date,
including the conditions disclosed in Standard 0.1. or in Paragraph 7. BUYER may conduct inspections of the Properly; however, BUYER's obligation to
purchase the Property is not contingent upon the results of any inspections. However, BUYER retains the walk-through inspection rights set forth in
Standard D.2.c.(2), (3), and (4).
7. A. OTHER TERMS AND CONDITIONS: This contract is contingent upon final approval of the eRA Board of Directs.
Any and all brokerage commissions or fees shall be the sole responsibility of the Seller.
SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) (NABOR 11-11.2005) PAGE 2 of9
16G31'1
7. A. OTHER TERMS AND CONDmoNS (Continued from Page 2):
.~pprc.;,,=c :-O;:S'l((r .'S- 'agB' Sufficiency
- ~() A 1 0 _ 001. /lb ~J:: !h~~~
,.J. sist&:-" County Attorney'
ATTEST.
DWIGHT E. BROCK, CLERk
<: ,
REAL ESTATE TRANSACTION STANDARDS. SELLER AND BUYER ACKNOWLEDGE THAT THEY HAVE EACH RECEIVED AND REVIEWED
PAGES 1, 2, AND 3 AND REAL ESTATE TRANSACTION STANDARDS A THROUGH U ON PAGES 4 THROUGH 9 OF THiS CONTRACT, WHICH
ARE INCORPORATED IN AND MADE AN INTEGRAL PART OF THIS CONTRACT AND SHALL NOT BE REVISED OR MODIFIED EXCEPT IN
PARAT7_:3BCCNTRACT. /~ _1__
~ / iU--U!-<-f>-> Y/-)~<2vc7 ~~ ~~ 2,~~"{)7
(Sel SigrtcllGre) (Date) (Buyer's Si ature) (Date)
V RI.\ t-~ s - ?t\ l..:.s
I
(SeIIer's Printed Ncrne)
(Date) ( s Signature)
DavId' L. JacfLs J.,j
(Buyer's Printed Ncme) (ileu.,nUG /), fGCn:t'l-
~c:;~IU;e,~1--JM.-/ rn~ c,q
IDENTIFICAnON OF BROKERS AND SALES ASSOCIATES
(Seller's Signature)
(Seller's Printed Name)
Listing Broker: Mike Hughs, Downing-Frye Realty,lnc
Listing Sales Associate: Kathy Smith
Selling Broker:
Selling Sales Associate:
DEPOSIT RECEIPT
Initial Deposit by 0 cash 0 wire or 0 check received on
will be held in escrow in accordance with the terms and conditions of this Contract.
{Insert Date},
Received by:
for delivery to:
(Escrow Agent)
SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) (NABOR 11.11.2005) Page 3 of9
16G3
'! ~
REAL ESTATE TRANSACTION STANDARDS
STANDARD A - TITLE. TiDe to the Property shall be good and marketable with legal access, subject only to the following exceptions:
(1) ad valorem and non ad valorem real property taxes for the year of closing and subsequent years; (2) zoning, building code and other use
restrictions imposed by governmental authority; (3) outstanding oU, gas and mineraf interests of record, if any; and (4) restrictions, reservations
and easements common to the subdivision, provided that none of the foregoing shall prevent use of the Property for residential purposes.
STANDARD B - TITLE EVIDENCE OR CREDIT; EXAMINATION; DEFECTS; LEGAL ACCESS; ClEARANCE. Not later than 15 days after the
Effective Date, SELLER shall furnish to BUYER a complete copy of SELLER's owners title insurance policy. If the Property is located in Collier County and
SELLER fails to furnish a copy of the policy within the above time period, SELLER shall give BUYER a credit at closing in the amount of $350.00 in lieu of
said title evidence. BUYER shall have 30 days after the Effective Date ("Examination Period") for examination of title and detennination of legal
access. BUYER's obligation to purchase is conditioned on the Property having legal access to and from a public right of way sufficient for
residential use. If title is found defective or legal access is found to be lacking. BUYER shall, within the Examination Period, notify SELLER
specifying the tiUe defect(s) or lack of legal access, and furnish copies of the title evidence and instruments evidencing such title defect(s) or lack of
legal access. If the title defect(s) render(s) title unmarketable, or if SELLER cannot deliver possession, or if there is no legal access, SELLER shall
have 30 days after receipt of notice from BUYER (the "Oearance Period") to clear or remove such title defect(s), deliver possession, or provide
legal access, at SELLER's expense. SELLER will use diligent effort to correct the tiUe defect(s), deliver possession or provide legal access within
the Clearance Period, including the bringing of necessary suits. SELLER shall not be liable to BUYER for damages if SELLER cannot render title
marketable, deliver possession or provide legal access. If SELLER does not clear or remove the title defect(s), deliver possession or provide legal
access within the Clearance Period, BUYER may eled to accept such title. possession, or access as SELLER can provide, without reduction of the
purchase price, or to tenninate this Contract.
STANDARD C -INSTRUCTIONS FOR TITLE; ASSlGNMENT;T AX DEFERRED EXCHANGE. Not later than 15 days prior to the Closing Date,
BUYER shall deliver to SELLER the name(s), address. manner in which title win be taken. and a copy of any assignment executed by BUYER. No
assignment shall release BUYER from the obligations of this Contract unless SELLER consents in writing to such release. If either party intends
to treat this transaction as a Iax~eferred exchange under IRC. Section 1031. the other party shall cooperate in acamplishing the exchange, and
consents to the assignment of this Contract to a qualified exchange intennediary for that purpose, provided there is no additional cost or delay in
closing and the exchanger is not released from liabUity under this Contract.
STANDARD D - DISCLOSURES; INSPECTIONS AND REMEDIES; ELECTION AND RESPONSE; WALK-THROUGH INSPECTION; RISK OF
LOSS.
1. DISCLOSURES:
I. GENERAL: SELLER knows of no facts or cond~ions materially affecting the value of the Property, except those which are readily
observable by BUYER. or which have been disclosed to BUYER by SELLER in writing and furnished to BUYER prior to the Effective Date of this
Contract or in Paragraph 7.
b. WETLANDSj SUITABILITY: Except as disclosed to BUYER in the manner set forth in Standard D.1.a., SELLER does not know of any
portion of the Property that has been detennined to be wetlands. or of any other condition or circumstance adversely affecting the Property which
might impair its suitability for residential use or construction,
c. RADON GAS: Florida law required disclosure: Radon is a naturally occurring radioactive gas that when it has accLmulated 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 infonnation regarding radon and radon testing may be obtained from your county
health department.
d. ENERGY EFFICIENCY: BUYER ackrlo\\4edges receipt of the Department of Community Affairs brochure on the Florida Building Energy
Efficiency Rating System.
e. LEAD BASED PAlNTJPAlNT HAZARDS: If construction of the residence on the Properly was canmenced prior to 1978, SELLER is
required to complete, and SELLER and BUYER are required to sign and attach to this Contract, the AddendllTl entitled "Lead-Based Paint and/or
Lead-Based Paint Hazards: Disclosure of Information and Acknowledgement."
SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) (NABOR 11-11-2005) PAGE4of9
16G3
. ,.~
f. MOLD: In Florida, mold is commonly found both indoors and outdoors. Interior infestation by certain mold may cause property damage
and health problems for some persons.
g. INSURANCE: BUYER is advised to apply for casualty insurance and obtain a claims history report on the Property to ascertain the
availability and cost of said insurance on the Property, which may be affected by past insurance claims on the Property, past insurance claims
filed by BUYER and/or by BUYER's credR status. BUYER may terminate this Contract within 10 days after the Effective Date if past insurance
claims on the Property increase the cost or restrict the availability of casualty insurance coverage for the Property.
h. FIRE SPRINKLER/SAFETY SYSTEM RETROFIT: If the Property is located in a condominium or cooperative building requiring retrofit
for fire sprinklers or other life safety systems as shown on the list created by the local distJict fire marshal, BUYER may terminate this Contract
within the statutory rescission period set forth in Standard I.
i. PERMITS AND VIOLATIONS: SELLER does not know of any improvements to the Property which were made without proper permit(s)
or certificate(s) of occupancy/substantial completion (where required), of any existing violations of local ordinances or codes, or of any pending
code enforcement proceedings affecting the Property.
J. PROPERTY TAX DISCLOSURE: Florida law required disclosure: BUYER should not rely on the SELLER's current property taxes as
the amount of property taxes that BUYER may be obligated to pay in the year subsequent to purchase. A change of ownership or property
improvements triggers reassessments of the property that could result in higher property taxes. If you have any questions concerning valuation,
contact the county property appraiser's office for infonnation.
k. lONING: SELLER has not commenced 8lIY proceedings to change the current zoning classification of the Property, nor will SELLER
initiate any such proceedings. SELLER has not received notice from any third party(ies) of any proceedings which would affect the current zoning
classification of the Property. Should SELLER receive any such notice, SELLER will promptly notify BUYER of same, and if the proposed zoning
would prevent the current use of the Property, BUYER may terminate this Contract not later than 5 days after receipt of said notice.
2. INSPECTIONS:
a. INSPECTION PERIOD; INSPECTION ITEMS: BUYER shall have 15 days after the Effe<.1ive Date (the Mlnspection Period") to have the
Property and improvements thereon inspected at BUYER's expense as follows: (1) all major appliances and equipment; sprinkler, weU. septic,
heating, cooling, electrical. plumbing and security systems; major mechanical components; roof (including fascia and soffits); ceilings; structural
walls; foundation; swimming pool, spa and pooIIspa deck(s); seawail; dock(s); boat lifts/davits and related electrical and mech8lIicaI components,
if any (collectively "Systems and Equipmenr), by an appropriately Florida licensed inspection company or licensed contractor. and/or (2) radon
gas, by a Florida certified radon measurement technician or specialist, and/or (3) lead-based paint and hazards, by 8lI EPA-certified lead exposure
risk assessor, and/or (4) termites or other 'ItOOd-destroying organisms. by a certified pest control operator. and/or (5) air sanpling, surface
sampling and/or dust sampling within the dwalling(s) performed by a qualified indoor air quality inspector for the presence of toxic and pathogenic
molds, which inspection shall be non-invasive and shall not entail any perforation or removal of structural material unless approved in advance by
SELLER (collectively the "Inspection Items'). Upon reasonable notice, SELLER shall provide access and utilities service to the Property to
facilitate the inspections.
b. DEFECTIVE INSPECTION ITEMS; BUYER'S ELECTION AND SELLER'S RESPONSE: Except as to any facts or conditions disclosed
to BUYER in the mannersetforth in Standard D.ta, if any inspection conducted during the Inspection Period reveals: (1) that any Systems and
Equipment are not in Working Condition, and/or (2) the presence of radon gas at a level in excess of EPA action levels, and/or (3) the presence of
lead-based paint or paint hazards requiring abatement under HUDIEPA protocols, and/or (4) the existence of active infestation by termites or
other v.ood-destroying organisms and/or visible damage caused by active or past infestation; and/or (5) the presence of toxic or pathogenic molds
(collectively the "Defective Inspection Items"), BUYER shall, not later than 5 days after expiration of the Inspection Period: (a) notify SELLER of
any Defective Inspection Items, and (b) furnish to SELLER a copy of the inspection report(s) documenting the Defective Inspection Items, and
(c) notify SELLER of BUYER's election either to: (i) receive a credit from SELLER at closing in lieu of any repairs, replacements. treatment,
mitigation or other remedial action necessary to bring the Defective Inspection Items into compliance 'NittI the relevant standards set forth above
(the "Remedial Action"). If BUYER elects to receive a credit, the amount of the credR shall be equivalent to the estimated costs of any Remedial
Action and shall be determined not later than the earlier of SELLER's Response Deadline, or 10 days prior to the Closing Date. or (ii) have
SELLER take Remedial Action at SELLER's expense. If BUYER elects (i), SELLER shall not be required to take any Remedial Action. If BUYER
makes no election, BUYER shall be deemed to have elected to receive a credit at closing.
SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) (NABOR 11.11.2005) Page 5 of 9
16G3
Not later than 10 days after receipt of the written notice and inspection report(s) from BUYER ('SELLER's Response Deadline'). SELLER
shall notify BUYER whether SELLER agrees to BUYER's request If SELLER refuses BUYER's request by the SELLER's Response Deadline,
then BUYER may tenninate this Contract not later than 5 days after SelLER's Response Deadline. If BUYER does not elect to tenninate this
Contract, BUYER is deemed to have accepted the Property in the condition it existed on the Effective Date, except that BUYER retains the
walk-through inspection rights set forth in Standard D.2.c.(2),(3), and (4) below. If SELLER fails to respond by the SELLER's Response Deadline,
SELLER shall be deemed to have refused BUYER's request, and BUYER may tenninate this Contract as set forth above.
If any Remedial Action requested by BUYER requires the approval of any community association governing the Property, and SELLER
fails to furnish BUYER with written documentation of said association's approval not later than 5 days prior to the Closing Date, BUYER may
tenninate this Contract.
If BUYER does not have the Inspection Items inspected, or fails to do so within the Inspection Period, or fails to timely report any
Defective Inspection Items to SELLER, BUYER shai be deemed to have accepted the Property in the condition it existed on the Effective Date,
except that BUYER retains the rights set forth in Standard D.2.c.(2). (3), and (4) below.
Remedial Action shall be deemed to have been property perfunned when (1) the Systems and Equipment are placed in Working
Condition, (2) radon gas within the residence on the Property is reduced to below EPA action levels, (3) lead-based paint and paint hazards on
the Property are removed or contained in axordance. HUDIEPA guidelines, (4) any active infestation of termites or other VtOOd-destroying
organisms is extenninated or treated, and all visible damage caused by active or past infestation is repaired or replaced; and (5) no toxic or
pathogenic molds are present within the dweHing(s). SELLER shall make a diligent effort to perform and complete all Remedial Action prior to the
Oosing Date, falling which a sum equivalent to 200% of the estimated costs of completing the Remedial Action shall be paid by SELLER into
escrow at closing pending completion.
Systems and Equipment shall be deemed to be in Working Condition if operating in the manner designed to operate. The roof, ceiling,
interior and exterior walls, foundation, swinming pool, spa and pooIIspa deck(s) shall be in Working Condition if structurally sound and watertight
Seawalls and docks shall be in Wortdng Condition if structurally sound. SELLER shall not be obligated to take Remedial Action or grant a credit in
lieu of Remedial Action with lll9ard to any Cosmetic Condition, which is defined as an aesthetic imperfection which does not affect the Working
Condition of the item, including corrosion; tears; 'M)ffi spots; discoloration of floor covering or wallpaper or window treatments; missing or tom
screens; nail holes; scratches; dents; chips; caulking; pitted pool surfaces; minor cracks in windows, driveways, sidewalks, pooVspa decks and
garage, tile, lanai and patio floors; and cracked roof tiles, curting or'M)ffi shingles and limited roof life, so long as there is no evidence of structural
damage or leakage.
No cost to repair or replace any Systems and Equipment item shall exceed the fair market value of that item if it were in Working
Condition.
c. WALK. THROUGH INSPECTION: BUYER (or a designated representative) may conduct a walk-through inspection of the Property prior
to closing or possession, whichever is eartier, to confinn: (1) completion of any Remedial Action agreed to by SELLER in Standard D.2.b. above,
(2) that the personal property items which are being conveyed as part of this Contract remain on the Property, (3) that the personal property items
which are not being conveyed as part of this Contract have been removed from the Property, and (4) that SELLER has maintained the Property
as required in Standard D.2.d. below. Upon reasonable notice, SELLER shall provide access and utilities service to the Property to facilitate the
walk-through inspection.
d. MAINTENANCE OF PROPERTY; RISK Of LOSS: SELLER shall maintain the Property (including 'oWhout Iinitation the lawn, shrubbery,
and landscaping) in the condition existing on the Effective Date until the Closing Date or date of possession, whichever is eartier, except for
ordinary wear and tear and any Remedial Action agreed to by SELLER under Standard D.2.b. above. Any More loss and/or damage to the
Property between the Effective Date of this Contract and the Closing Date or date of possession, whichever is eartier, shall be at SELLER's sole
risk and expense. SELLER shall maintain all existing casualty insurance on all improvements on the Property until disbursement.
STANDARD E. SELLER'S INSTRUMENTS AND EXPENSES. SELLER shall pay for and provide, when applicable, including any sales tax due
thereon: (1) the tiUe evidence or credit specified in Standard B; (2) if the Property is located in Lee or Charlotte County. the premium for the owners
titie insurance policy issued by the closing agent selected by BUYER, and the charges for liUe search, title examination, and tiUe continuation
through the date of deed recording; (3) preparation of statutofy warranty deed (or special warranty deed if SELLER is a fiduciary), bill of sale with
warranties of ownership and freedom from encumbrances, condominium/homeowner association estoppelletter(s), tenant estoppellelter(s),
copies and assignment(s) of lease(s), and an affidavit regarding liens, possession, and withholding under FIRPT A, in a fonn sufficient to allow
"gap. coverage by tiUe insurance; (4) mortgage payoff letter from existing lender(s); (5) documentary stanps on deed; (6) real estate broker's
compensation (to be disbursed by closing agent at closing); (7) utility services to the Oosing Date; (8) the full amount of condominiumlhomeowner
association special assessments and governmentally imposed liens or special assessments (other than CDDIMSTU assessments which are
addressed in Paragraph 5), which are a lien or a special assessment that is certain as to the identity of the lienor or assessor, the property subject
to the lien or special assessment, and the amount of the lien or special assessment on or before the Effective Date; (9) SELLER's attorney fees
and closing fees, (10) if SELLER is subject to withholding under FIRPTA, reasonable charges associated with withholding, escrowing and/or
remitting funds, and/or preparing the withholding certificate application and/or tax return related thereto.
SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) (NASOR 11.11.2005) Page 8 019
16G3
STANDARD F. BUYER'S INSTRUMENTS AND EXPENSES. BUYER shall pay for and provide, when applicable, including any sales tax due
thereon: (1) recording fee for deed; (2) all costs of any institutional loan secured by BUYER; (3) the premilln for lender title insurance policy, and if
the property is located in Collier County, the premium for the owners title insurance policy issued by the closing agent selected by BUYER and the
charges for title search, title examination, and title continuation through the date of deed recording; (4) recording membership approval;
(5) survey; (6) condominiumlhomeowner association membership transfer fee; (7) condominiumlhomeowner association resale transfer
fee/capital contribution; (8) pending liens or special assessments (liens or special assessments other than those described in Standard E(8)).
If it is determined that there are pending liens or special assessments which do not fan under Standard E(8) above, which were not disclosed in
writing to BUYER by SELLER prior to or concurrent with the execution of this Contract, and which exceed a sum equivalent to 1 % of the purchase
price, BUYER may terminate this Contract, unless SELLER agrees in writing to pay the portion of such pending liens or special assessments in
excess of 1% of the purchase price. SELLER agrees to pay into escrow at closing a reasonable sum to insure that the excess will be paid;
and (9) BUYER's attorneys fees.
STANDARD G - PRORATIONS; CREDITS. These items will be prorated as of the Oosing Date, with BUYER charged with and entitled to the
Closing Date, or the possession date, whichever is earlier: (1) ad valorem and non ad valorem real and personal property taxes based on the
current year (if available), otherv.rise on the prior year's bHI (v.flhout discount). If completed improvements exist on the Property for which a
certificate of occupancy was issued as of January 1 st of the year of closing. which did not exist on January 1 st of the prior year, taxes shall be
estimated for proration by applying the current year millage rate to the current year taxable value of the Property. If the current year millage rate is
not fixed, the prior year millage rate shall be applied. If the current year taxable value is not fIXed, the taxes shall be estimated for proration by
applying the most current fixed millage rate to a sum equivalent to 80% of the purchase price. A tax proration based upon any estimated tax shall,
at the request of either party, be re-prorated based on the actual tax bill amount; (2) interest on any assumed indebtedness; (3) rents;
(4) condominium/homeowner association assessments and CDD/MSTU operating and maintenance assessments; (5) county waste
assessments; and (6) appliance SElfVice contracts assumed by BUYER. BUYER shall receive from SELLER at closing a credit equivalent to the
amount of any security deposit and prepaid rents held by SELLER, and any accrued interest thereon. or alternatively, ownership or an
assignment of the account in which the deposits and prepaid rents. and any accrued interest thereon. are held.
STANDARD H . HOMEOWNERS' ASSOCIATION DISCLOSURE. If the Property is located within and governed by a mandatory homeowners'
association, the following provisions are incorporated into this Contract:
IF THE DISCLOSURE SUMMARY REQUIRED BY SECTION 720.401, FLORIDA STATUTES, HAS NOT BEEN PROVIDED TO THE
PROSPECTIVE PURCHASER BEFORE EXECUTING THIS CONTRACT FOR SAlE, THIS CONTRACT IS VOIDABLE BY BUYER BY
DELIVERING TO SELLER OR SELLER'S AGENT OR REPRESENTATIVE WRITTEN NOTICE Of THE BUYER'S INTENTION TO CANCEL
WITHIN 3 DAYS AFTER RECEIPT OF THE DISCLOSURE SUMMARY OR PRIOR TO CLOSING, WHICHEVER OCCURS FIRST. ANY PURPORTED WAIVER Of THIS VOIDABIlITY RIGHT HAS NO EFFECT. BUYER'S RIGHT TO VOID THIS CONTRACT SHAll TERllNATE
AT CLOSING.
BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE "HOMEOWNERS' ASSOCIATION
DISCLOSURE SUMMARY," WHICH IS ATTACHED TO AND MADE A PART OF THIS CONTRACT.
STANDARD I. CONDOMINIUM RESALE DISCLOSURE; VOIDABILITY RIGHTS. If the Property is a condominium unit(s), the following
provisions are incorporated into this Contract: THIS AGREEMENT IS VOIDABLE BY BUYER BY DELIVERING WRITTEN NOTICE OF THE
BUYER'S INTENTION TO CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS AND LEGAL HOUDAYS, AFTER THE DATE OF
EXECUTION OF THIS AGREEMENT BY THE BUYER AND RECEIPT BY BUYER OF A CURRENT COPY Of THE DECLARATION OF
CONDOMINIUM, ARTICLES OF INCORPORATION, BYLAWS, AND RULES OF THE ASSOCIATION, AND A COPY OF THE MOST
RECENT YEAR.END FINANCIAL INFORMATION AND FREQUENTLY ASKED QUESTIONS AND ANSWERS DOCUMENT IF SO
REQUESTED IN WRITING. ANY PURPORTED WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE Of NO EFFECT. BUYER MAY
EXTEND THE TIME FOR CLOSING FOR A PERIOD Of NOT MORE THAN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS AND LEGAL
HOLIDAYS, AFTER THE BUYER RECEIVES THE DECLARATION, ARTICLES OF INCORPORATION, BYLAWS, AND RULES OF THE
ASSOCIATION, AND A COPY OF THE MOST RECENT YEAR-END FINANCIAL INFORMATION AND FREQUENTLY ASKED QUESTIONS
AND ANSWERS DOCUMENT IF REQUESTED IN WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT
CLOSING. BUYER, by its execution of this Contract. hereby requests a current copy of the above referenced condominium documents.
SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) (NABOR 11.11.2005) Page 7 of 9
16G3'f
STANDARD J. CONDOMINIUMlHOMEOWNER ASSOCIATION PROVISIONS; MEMBERSHIP APPROVAL. Any condominiumlhomeowner
association reserve account(s) is included in the purchase price. If association membership approval is required, BUYER shall, not later than 10
days after the Effective Date, make application for serne in the name(s) in which title will be taken, and shall comply with all governing
requirements of the association and be responsible for securing membership approval. If no approval has been obtained prior to closing, either
BUYER or SELLER may tenninate this Contract. SELLER shall obtain a Ietter(s) from the association(s) which sets forth the amounts, periods and
payment status of assessments and transfer fees and resale capital contributions. and deliver same to the BUYER not later than 15 days prior to
the Closing Date. Some condominiums exist upon a leasehold estate or have associated recreational leases which may require the payment of
rents, taxes, maintenance, replacement and repair. BUYER takes title subject to any such lease. If the condominium exists solely upon a
leasehold estate, SELLER will assign its sublease to BUYER at closing.
ST ANDARn K - MORTGAGE LENDER POLICIES. If BUYER obtains institutional mortgage financing, the policies of the lending institution shall
prevail as to the procedures for closing and disbursement of mortgage loan proceeds.
ST ANDARn L . SURVEY; COAST At CONSTRUCTION CONTROL LINE. BUYER may, at BUYER's expense, have the Property surveyed not
later than 15 days prior to the Closing Date ("Survey Periodj. If the survey, as certified by a registered Florida surveyor, conectly shows:
(1) an encroachment onto the Property; (2) that an improvement located on the Property projects onto lands of others; (3) an improvement on the
Property violates a zoning, building or other governmental use restriction; (4) an improvement on the Property violates any recorded covenant or
restriction, or any covenant of this Contract; or (5) lack of legal access (collectively "Objectionsj, BUYER may. within the Survey Period, notify
SELLER of the Objections and shall furnish a copy of the survey. The Objections shall be treated as a title defect(s). If any portion of the Property
lies seaward of the Coastal Construction Control Line, as defined in Section 161.053 Florida Statutes, BUYER waives the rightto receive a survey
or survey affidavit from SELLER delineating said line on the Property. If BUYER taUs to obtain a survey within the Survey Period, BUYER waives
any right to object to any matters which might have been shown on a survey. If BUYER faBs to make any Objections within the Survey Period,
BUYER waives any Objections.
STANDARD M - ESCROW; ESCROW AGENT(S). The escrow agent who accepts in escrow the deposit(s) paid under this Contract (the "Escrow
Agenr) shall hold the depos~(s) in escrow unO the earlier of: (1) delivery to another Escrow Agent for closing, who by acceptance agrees to these
tenns and becomes the Escrow Agent (the Escrow Agent holding the deposit(s) is authorized to so transfer the funds and is relieved of all liability
for the funds delivered); (2) delivery of the deed, with payment of the depos~(s) as part of the purchase price of the Property; (3) such time as
BUYER may be entitled to return of the deposit(s); or (4) delivery pursuant to written direction of the parties, at which time the Escrow Agent shall
pay all of the deposit(s) to the party(ies) entitled thereto. The Escrow Agent shall not be liable for the payment of any interes~ danages, attorneys
fees or court costs in any action brought to recover the deposit(s) held in escrow, or any pert thereof, unless the Escrow Agent shall faU or refuse to
pay over any such deposit(s) pursuant to a judgmen~ order or decree that shall be final beyond possibility of appeal. In any proceeding which
litigates the disposition of the deposit(s), the Escrow Agent shall be entitled to be paid reasonable attorneys fees and court costs, which shall be
paid by the non-prevailing party. The Escrow Agent has no duty to collect or attempt to collect any deposit or check given as a deposi~ but shall
give the parties written notice of: (a) any deposit that is not received not later than 5 days after its due date, and (b) any depos~ check that is not
paid on presentation, not later than 5 days of learning of its dishonor. Upon 'Mitten directive from BUYER, the deposit(s) shall be placed into an
interest bearing account, and all interest accruing thereon shall be paid to BUYER in any event. If the Escrow Agent is a licensed real estate
broker, the Escrow Agent shall comply with the requirements of Chapter 475, Florida Statutes.
STANDARD N. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT (FIRPTA) WITHHOLDING. A SELLER who is a U.S. citizen or
resident alien and who furnishes BUYER with an affidavit attesting to same, is exempt from FIRPT A withholding. If SELLER is a foreign person or
entity, BUYER shall deduct and withhold from the purchase price, or collect from SELLER if the net proceeds are insufficien~ 10% of the purchase
price (the "FIRPTA Funds"), and rem~ same to the Internal Revenue Service ( the "IRS") within 10 days after the Closing Date, unless:
(1) the purchase price is not more than $300,000.00 and BUYER executes a certificate establishing that BUYER's acquisition of the Property is
for use as BUYER's residence in accordance with the Internal Revenue Code and all applicable regulations related to that exemption; or
(2) SEllER furnishes to BUYER, not later than the Closing Date, proof of submittal to the IRS c:J an application for withholding certificate, in which
event the closing agent (or other third party mutually designated by SELLER and BUYER) shall hold the FIRPTA Funds in escrow pending
receipt of the withholding certificate. and shall remit the sum reflected in the withholding certificate to the IRS within 10 days of receipt of the
withholding certificate, and shall prompUy refund any remaining balance to SELLER SELLER shall hold BUYER harmless and indemnify BUYER
for not withholding or collecting the FIRPTA Funds or for withholding and remitting only such reduced amount reflected in the withholding
certificate. BUYER shall provide to SELLER evidence of remittance of all or any portion of the FIRPTA Funds to the IRS. The failure of either
party to comply or to allow compliance with the requirements of FIRPT A and related regulations shall constitute a breach of this Contract.
SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) (NASOR 11.11.2005) Page 8 of9
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STANDARD 0 - QUICK CLOSING; INSURABILITY; CLOSING DATE EXTENSION. If the Closing Date does not allow suffICient time for
performances by SELLER and BUYER within the time frames and by the deadlines set forth in this Contract, the parties agree to undertake and
complete all performances, inspections, surveys, examinations, delivery of documents, notices, satisfaction of contingencies and all other actions
required of or allowed to either party prior to the Closing Date, except that the statutory time period set forth in Standards H and I shall not be
affected by this provision. If BUYER is unable to obtain hazard, flood, wind or homeowners insurance at a reasonable rate due to extreme
weather conditions, BUYER may delay the Closing Date up to 5 days after such coverage becomes available. If such coverage does not become
available for a period of 30 continuous days, either SELLER or BUYER may terminate this Contract
STANDARD P . TIME OF PERFORMANCE AND REMEDIES. Time is of the essence for closing title. If BUYER does not perform BUYER's
obligations hereunder (except as excused by SELLER's default) all deposits made shall be paid to SELLER as liquidated damages, which
shall be SELLER's exclusive remedy. If SELLER does not perform SELLER's obligations hereunder (except as excused by BUYER's default),
BUYER may enforce this Contract by a suit for specific performance, damages, or may terminate this Contract.
STANDARD Q - LITIGATION; A nORNEYS FEES AND COSTS. In connection v.ffh any litigation concerning this Contract, the prevaHing party
shall be entided to recover reasonable attorneys fees and court costs from the non-prevailing party.
STANDARD R - NOTICE AND DISCLOSURES. All notIceIand disclosures mull be In writing. Unless a party is required by law to deliver
notice or a disclosure direcdy to the other party, all notices and disclosures required or permitted under this Contract shaD be effective when given
by a party or that party's broker or attorney to the other party or said other party's broker or attorney.
STANDARD S. MISCELLANEOUS. (1) The parties have agreed to deal in good faith and to diligendy ~rk toward a timely closing. (2) The
singular case or tense shall Include the plural case or tense. (3) This Contract may only be modified in writing by the parties. (4) All references in
this Contract to a number of days shall mean calendar days. (5) Except as otherwise expressly provided by law, if any deadline falls on a Saturday,
Sunday, or federal legal holiday, said deadline shall be extended to the following business day. (6) As used herein, the terms "real estate broker"
or broker" shall include all real estate brokers, brokerage corporations or business entities, and their respective sales associates involved in this
transaction. (7) All title evidence, condominium documents and other documents provided to BUYER by or on behalf of SELLER are the property
of SELLER until closing and shall be immediately returned to SELLER if this Contract is terminated. (8) If either SELLER or BUYER is pennitted to
terminate this Contract, said party shall do so by giving notice of said termination to the other party, whereupon all deposits made by BUYER shall
be promptly returned to BUYER, this Contract shall be of no further force and effect, and the parties shall have no further liability to one another
hereunder except as set forth herein. (9) The headings used in this Contract are for convenience of reference only and shall not be used for
interpreting the meaning of any provisions of this Contract. (10) All provisions of this Contract which by their natum or context requim
performance or provide rights afterthe Closing Date, including Mhout limitation the provisions of Standartl Q, shaft survive closing. (11) SignatW8S
and initials communicated by electronic or facsimile transmission shall be binding. (12) This Contract may be signed in counterparts, and said
counterparts shall collectively constitute the entire agreement of the parties. (13) Upon reasonable notice, SELLER shall provide access to the
Property to appraiser(s) and surveyor(s) retained by BUYER.
STANDARD T. NEGOTIATED TERMS; REPRESENTATIONS. Any and all terms negotiated betwaen the parties must be written into this
Contract BUYER's decision to buy was based upon BUYER's own investigation of the Property. BUYER holds the broker(s) harmless from all
liability or loss caused by SELLER's failure to disclose material facts in accordance with this Contract, representations regarding the Property's
condition, or broker's referral, recommendation, or retention of any vendor. The parties agree that assistance to a party by a broker does not, and
will not make the broker responsible for performance.
STANDARD U . BINDING CONTRACT; LEGAL COUNSEL THE PARTIES ARE NOT REQUIRED TO USE ANY PARTICULAR FORM OF
CONTRACT. TERMS AND CONDITIONS SHOULD BE NEGOTIATED BASED UPON THE RESPECTIVE INTERESTS, OBJECTIVES AND
BARGAINING POSITIONS OF THE PARTIES. APPROVAL OF THIS FORM BY THE COlLIER COUNTY BAR ASSOCIATION AND
ASSOCIATIONS OF REALTORS DOES NOT CONSTITUTE AN OPINION THAT ANY OF THE TERMS AND CONDITIONS IN THIS CONTRACT
SHOULD BE ACCEPTED BY A PARTY IN A PARTICULAR TRANSACTION. THIS IS A LEGALLY BINDING CONTRACT FORM. EACH PARTY
ACKNOWLEDGES THAT PRIOR TO SIGNING THE CONTRACT, THE CLOSING EXPENSES HAVE BEEN EXPLAINED, REAL ESTATE
TRANSACTION STANDARDS A THROUGH U HAVE BEEN RECEIVED AND REVIEWED, AND THAT PARTY HAS BEEN ADVISED BY THE
REAL ESTATE BROKER TO SEEK LEGAL COUNSEL AND TITLE INSURANCE TO PROTECT THAT PARTY'S INTEREST IN CONNECTION
WITH THE TITLE STATUS AND CLOSING OF THIS TRANSACTION. BUYER AND SELLER ARE ADVISED TO CONSULT AN APPROPRIATE
PROFESSIONAL FOR LEGAL, TAX, PROPERTY CONDITION, ENVIRONMENTAL, AND OTHER SPECIALIZED ADVICE. THIS CONTRACT
SHALL BE BINDING UPON AND INURE TO THE BENEFIT OF THE PARTIES HERETO, THEIR HEIRS, ADMINISTRATORS, PERSONAL
REPRESENTATIVES, AND SUCCESSORS IN INTEREST.
SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) (NABOR 11.11.2005) Page 9 of 9
IB
REALTOR'"
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OPPORTUNITY
SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY)
SELLER:
Alice Barbara Collins & Robert D. Stubli
BUYER:
Collier County Redevelopment Agency
ADDRESS:
114 N, Pleasant Street
ADDRESS:
3301 Tamiami Trail East
Montpelier, Ohio 43543-1146
Naples, FL 34112
UPON ,A,CCEPTANCE OF THE OFFER OR COUNTEROFFER, SELLER has agreed to sell and BUYER has agreed to buy, UPON THE FOLLOWING
TERMS AND CONDITIONS, the real property hereafter legally described ("PropertY'), together with fixtures, including built-in appliances, refrigerator, stove,
disnwasher, washer, dryer, ceiling fans, wall-ta-wall carpeting, window coverings and None
and the personal property, if any, as listed on the attached inventory, free from liens, The following items are specifically excluded from this Contract:
None
Personal property items transferred with the real property are deemed without value, left for the convenience of the parties, and transferred without
consideration, unless otherwise agreed to by the parties,
LEGAL DESCRIPTION IF THE PROPERTY IS NOT A CONDOMINIUM UNIT(S):
Kelly Plaza Lot 7 , Naples
LEGAL DESCRIPTION IF THE PROPERTY IS A CONDOM!NIUM UNIT(S):
Collier
County, Flcrida,
Declaration of Condominium thereof, recorded or referenced ,n O,R. Book
County, Florida,
Page
, a C'Jndominium, according to the
, Public Records of
Unit(s) No,
of
If applicable, SELLER shall conv,-;y SELLER's exclusive right to use Parkirg Spacers)
Cabana(s)
Storage LGck~ris)
, Boat CCCk(s) or Slip(S)
1 or c~he( ccnilr:cn cier;&nts 2J,ld !:>Ji"tlr::on :3r;~3S ~o ":ir:,ch SELLER ;13S an
9xciusi'l& light of l;sa and the right to convey,
iF THE i~RCPERTY 1S A COCPEPA riVE P;'.;~CELI T:'-iE CCOFER.AT1\:E i4DDcNDUM TO SALES (~':Cr'~TRACT U~ESJCEi'iT!AL :;,/1F;:(OVED
PROPERTY) is iNCORPORATED HEREiN ,~JjD ~,1ADE ,.;;'~ iNTEGR,4,L ,:lART OF THiS CCNTRA.CT,
The address of the Prr;perty is: 3148 Van Buren /wenue, Naples, FL 34112 Folio: 52700280000
1. PURCHASE PRICE: The purchase price (U.S,), ilheh is allccated to real property
only urless cther.vise stated, shall be pyat:e 3S fellows: 'uu'u..,..,S
85.000,00
A. in ita! Deposit in the JITlOLnt of .....
.'u.".$
8. Additional Deposit to be r:'eei',ed in ,:sor'J"1 rot '2:er tran ~ dajs aft.::- rhe
Effecti/8 Date in tre amount .Ji. . "...)
! ,COO.DO
C. Proceeds of'llortgage, if any [2'2e Far3;yaph 4,8,]..
,. .,u.,. .....uS
d. Other:
,.
.)
Balance of ~e purchase prce, oy [ccal cash,erscheck cr"ire trens;er
funds at closing, sutiect to adJust'Ti,snts and pr,::w:;Dcns, of a;cpioxi",ateiy
Jepcsit creeks are accepted sueject to ccllection,
...,.......,s
34.00000
:1,) 2005 Naples Area Beard of REAL TORS0 and Association of Real .::stJte ?re;,~ssjonJ:s, Inc, AH Right:> R'3served. ItlA20R 11.11.2005)
,c..~prc"ied ':'/ ~he ~,~3rCG ::::and ,::.rea P.,330c,at:cf, cf :~=i\LTr:;RSc:.:., inc. 2:~d j-:t} C::E8r Cc~r:j 8ar ,c.ss,:c:Jtcn. p:ge 1 Jf 9
16G3
1
..
'1
2. PERIOD OF OFFER AND EFFECTIVE DATE: This offer or any counter-offer is revoked if not accepted, and notice of acceptance given to offeror
or counter-offeror by 0 AM 0 PM on {Insert Date}. This time limit shall apply to all offers and
counteroffers unless otherwise stated The Effective Date of this Contract shall be the last date either SELLER or BUYER signs or initials this Contract.
INITIALED CHANGES MUST BE DATED, OR THE LATEST DATE SET FORTH ON THIS CONTRACT SHALL BE THE EFFECTIVE DATE,
3. CLOSING DATE; CLOSING LOCATION; CLOSING AGENT; POSSESSION: Closing shall occur on April 16 2007
{Insert Date}, or prior to that date by written consent of both parties (U",e "Closing Cate") in the county 'Nhere the Property is located, at an office designated
by the closing agent, who shall be selected by BUYER BuYER shall be the legal owner of the Property as of the closing, and SELLER shal! vacate and
gi'ie possession of the Property atthe closing. SELLER shall leave the dwelling(s) on the Property in broom-clean condition and the entire Property free of
debris
4. METHOD OF PA YMENT[SELECT ONE. IF NO SELECTION IS MADE, A. SHALL APPLY): !i!1 A. CASH: BUYER will pay cash, with no financing
contingency; 0 B. FINANCING CONTINGENCY: BUYER's obligation to purchase the Property is contingent upon BUYER obtaining a loan, in at least the
amount shown in 1,C, above, to be secured by a mortgage on the Property at [SELECT ONE. IF NO SELECTION IS MADE, (1) SHALL APPLY]:
o (1) an initial or 0 (2) fixed rate of interest not exceeding % per year, for an amortized term of not less than _years [30 years if left
blank] with a balloon not sooner than _years, BUYER shall apply for the loan at BUYER's expense not later than _ days after the Effective
Date [10 days if left blank], and shall make a good faith effort to obtain said loan. If BUYER fails to give notice to SELLER of waiver of this financing
contingency on or before {Insert Date} [30 days after the Effective Date if left blank], either SELLER or BUYER
may terminate this Contract at any time. SELLER's right to terminate shall cease to exist if BUYER gives notice to SELLER that aU'yER has waived this
financing contingency prior to SELLER giving BUYER notice of termination, Delivery of documentation evidencing loan commitment or loan approval
shall not constitute a waiver of the financing contingency. BUYER acknowledges that once BUYER waives this financing contingency, BUYER's
deposit monies are no longer refundable under this Paragraph 4.
5. CDD/MSTU SPECIAL TAX DISTRICTS: If the Property is located Nithin a Community Development District (COD) or Municipal Ser/ice or Benefit
Taxing Unit (MSTU) [SELECT ONE. IF NO SELECTION IS MADE, A. SHALL APPLY]:~. SELLER will pay in full at closing any outstanding capital
assessment balance, OR 0 B. BUYER will, at closing, assume any outstanding capital assessment balance. If B. is selected, the Addendum to Sales
Contract entitled "Special Assessments/Taxes Disclosure' must be completed and signed by SELLER and BUYER and attached to and made a part of
+his <:cntr3ct.
6. INSPECTiONS; WAIVER [SELECT ONE. IF NO SELECTION IS MADE, A. SHALL APPLY]: 0A. INSPECTIONS: BUYER reser/es the right to
conduct the inspecticns provided for in Standard O,2,a" OR 0 B. WAiVER: BUYER acce,Jts the Property in its "as is" condition a~ of It,e Effective Date,
including the conditions disclosed in Standard D,1, or in Paragraph 7. BUYER may conduct inspections of the Property: however, BUYER's obligation to
purchase the Property is not ccntingent upon the reSUlts of anynspections. Hmve'ier BUYER retains the 'Nalk-through inspection iights set forth in
Standard O,2.c,(2), (3), and (4),
7. A. OTHER TERMS AND CONDITIONS: This contract is contingent upon final approval of the eRA Board of Directs
Any and all brokerage commissions or fees shall be the sole responsibility of the Seller.
SALES CONTRACT (RES!DENT!AL :ViPROVED PROPERTY) (~iABOR 11-11-2005) P:\GE2 of9
7. A. OTHER TERMS AND CONDITIONS (Continued from Page 2):
1663
A.ppfl)V'~C'
:'")'T& ;,,~q8' Sufficiency
'1l1u..:~lIL~f'~ ~
,J.,. istan' Co,;nty A,ttcrney .
B. ADDENDUM: If additional terms are incorporated into this Contract by separate Addendum, attach same and indicate here 0,
REAL ESTATE TRANSACTION STANDARDS. SELLER AND BUYER ACKNOWLEDGE THAT THEY HAVE EACH RECEIVED AND REVIEWED
PAGES 1, 2, AND 3 AND REAL ESTATE TRANSACTION STANDARDS A THROUGH U ON PAGES 4 THROUGH 9 OF THIS CONTRACT, WHICH
ARE INCORPORATED IN AND MADE AN INTEGRAL PART OF THIS CONTRACT A SHALL NOT BE REVISED OR MODIFIED EXCEPT IN
(~~G H ~ OFTI:'S~O;~) . .. d _
Pl<!LS'Ii'!'~: . ~ lQ"t.;23-o ~EST:~ (C;,.:;l~-"?
~I / / e. ~- ~ ~ rz b. \'- fZ- t~, ~.J J I j I\J 'i;..; OW I GHT E. 8 ROCK tel E RtC '
~~y A/lee~. CoIJIN~
(Sf::er'S Printed I':ame)
'BU'jf;rS Pnnted Name)
; Sf;iler s Signatjre)
(Date)
/"i,. ,/
;' /~
, L,- C l,.'-'''(_
,;St.ijElS Signat~re) --
/,
_... I 1/
0, . L J I ,'. /
I " ~~~, __~l~JLi~~_____________
i,3i_yersPr,nted~lame) ~mu~ [)1(l.~,L
~~2€ ~~ 7'fl.l~U...e ,~
(Seilers Pnnted ~i3me)
IDENTIFICATION OF BROKERS AND SALES ASSOCIATES
Listing Broker Mike Hughs Downing-Frye Realty,lnc
Selling Brcker:
L:stmg Sales ASSOCiate Kathy Smith
Sellir,g Sales ;ssocate:
DEPOSIT RECEIPT
'~itlal Deposit cy 0 cash 0 'tiire or 0 check received on
,'illl be held in escrc'N in3ccordance 'Nith the terms and conditions of this Contract.
{insert Date}
Peceived by:
for deliverf to:
(EsCPJW .~g.ent)
SALES CONT~CT (RESIDENT!AL !~"PROVED PROPERTY) (NABOR 11-11-2005) P3ge 3 d9
16G3
REAL ESTATE TRANSACTION 5T ANDARDS
STANDARD A . TITLE. Title to the Property shall be good and marketable with legal access, sutject only to the fOlto'Ning exceptions:
(1) ad valorem and non ad valorem real property taxes for the year of closing and subsequent years; (2) zoning, building code and other use
restrictions imposed by govemmental authority; (3) outstanding oil, gas and mineral interests of record, if any; and (4) restrictions, reservations
and easements common to the subdivision. pro'/ided that none of the foregoing shall prevent use of the Property for residential purposes,
STANDARD B - TITLE EVIDENCE OR CREDIT; EXAMINATION; DEFECTS; LEGAL ACCESS; CLEARANCE. Not later than 15 days after the
Effective Date, SELLER shall furnish to BUYER a complete copy of SELLER's owners title insurance policy, if the Property is located in Collier County and
SELLER fails to furnish a copy of the policy within the above time period, SELLER shail give BUYER a credit at closing in the amount of $350,00 in lieu of
said title evidence. BUYER shall have 30 days after the Effective Date ("Examination Period") for examination of title and determination of legal
aocess, BUYER's obligation to purchase is conditioned on the Property having legal access to and from a public right of way sufficient for
residential use, If title IS found defective or legal access is found to be lacking, BUYER shall, within the Examination Period, notify SELLER
specifying the title defect(s) or lack of legal access. and fumish copies of the title evidence and instruments evidencing such title defect(s) or lack of
legal access, If the title defect(s) render(s) title unmarketable, or if SELLER cannot deliver possession, or if there is no legal access, SELLER shall
have 30 days after receipt of notice from BUYER (the "Clearance Period") to clear or remove such title defect(s), deliver possession, or provide
legal access, at SELLER's expense, SELLER will use diligent effort to correct the title defect(s), deliver possession or provide legal access within
the Clearance Period, induding the bringing of necessary suits. SELLER shall not be liable to BUYER for damages if SELLER cannot render title
marketable, deliver possession or provide legal access. If SELLER does not clear or remove the title defect(s), deliver possession or provide legal
access within the Clearance Period, BUYER may elect to accept such title, possession, or access as SELLER can provide, without reduction of the
purchase price, or to terminate this Contract.
STANDARD C -INSTRUCTIONS FOR TITLE; ASSIGNMENT;T AX DEFERRED EXCHANGE. Not later than 15 days prior to the Closing Date,
BUYER shall deliver to SELLER the name(s), address, manner in which title will be taken, and a copy of any assignment executed by BUYER. No
assignment shall release BUYER from the obligations of this Contract unless SELLER consents in writing to such release. if either party intends
to treat this transaction 3S a tax-deferred exchange under I.RC. Section 1031, the other party shall cooperate in accomplishing the exchange, and
consents to the assignment of this Contract to a qualified exchange intermediary for that purpose, providEd there is no additional cost or delay in
closing and the exchanger is not released from !iability under this Contract.
5T ANDARD D - DISCLOSURES; INSPECTIONS AND REMEDIES; ELECTION AND RESPONSE; 'NALK- THROUGH INSPECTION; RISK OF
lOSS.
1. DISCLOSURES:
a. GENERAL: SELLER knows of no facts or conditions materially affecting the value of the Property, except those wh:ch are ,-eadily
observable by BUYER, or which have teen disclcsed to BUYER by SELLER in ',vriting and furnishsa to BUYER ~rjor to the Effecti'i8 Date Gf ~.his
Contract or in Paragraph 7,
b. 'NETLANDS; SUITABILITY: Except as disclosed to BUYER in the manner set forth in Standara 0,1 a" SELL.ER does not ~now of any
portion of the Property that has been determined to be wetlands, or of any ether condition or circumstance adier3eiy affecting the PrJ~erty '/,r,ich
might impair its suitabiiity for residential use or construction,
c. RADON GAS: F!orida law required disclosure: Radon is a naturaliy occurring ra(jioactive gas thati/hen it has accumulated in a building
In sufficient quantites. may present health riSKS to persor;ssho are 2xpcsed 10 it c'/sr time, L",els of radcn that '2xceed fe,j,aral 31~d stzte
guj':e!,nes have been found in buildings In .clcnea, ;',dditicnal ir:km:3ticn .-.agardlng radon and rs,jen tSoling Taj ':e .:t.tain?d from your county
health department.
d. HlERGY EFFICIENCY: BUY ER acknG'.'/ledges rece,pt of The Deprtrr,ent of Community ,.'.,ffairs br:chure on t"',e F!orida 3lJdir:g Er.ergy
Efficiency Rating Sys!em,
e. LEAD BASED PAINT/PAINT HAZ.A.RDS: If construction of the residellce on [he Property 'Nas commenced prior to 1978, SELLER is
required to complete, and SELLER and 8U'fER are ,-equired to sign 3ild attach to this Contract, the ,4'Jdendum entitled 'lead-3as,:::d Paint and/or
I_sad-Based Paint Hazards: Disclosure of infcrmation and ,~,CknC\'i:e(jgement."
SALES CONTR..fl,CT (RESIDENT!Al !:~PROVED PROPERTY) (NABOR 11.1 P005) ?),GE 4;;f 9
16G3
f. MOLD: In Florida, mold is commonly found both indoors and outdoors, Interior infestation by certain mold may cause properly damage
and health problems for some persons,
g. INSURANCE: BUYER is advised to apply for casualty insurance and obtain a claims history report on the Property to ascertain the
availability and cost of said insurance on the Property, which may be affected by past insurance claims on the Properly, past insurance claims
filed by BUYER and/or by BUYER's credit status. BUYER may terminate this Contract within 10 days after the Effective Date if past insurance
claims on the Properly increase the cost or restrict the availability of casualty insurance coverage for the Properly,
h. FIRE SPRINKLER/SAFETY SYSTEM RETROFIT: If the Properly is located in a condominium or cooperative building requiring retrofit
for fire sprinklers or other life safety systems as shown on the list created by the local district fire marshal. BUYER may terminate this Contract
within the statutory rescission period set forth in Standard I,
i. PERMITS AND VIOLATIONS: SELLER does not know of any improvements to the Property which were made without proper permit(s)
or certificate(s) of occupancy/substantial completion (where required), of any existing violations of local ordinances or codes, or of any pending
code enforcement proceedings affecting the Properly,
j. PROPERTY TAX DISCLOSURE: Florida law required disclosure: BUYER should not rely on the SELLER's current property taxes as
the amount of property taxes that BUYER may be obligated to pay in the year subsequent to purchase. A change of ownership or property
improvements triggers reassessments of the properly that could result in higher property taxes, If you have any questions concerning valuation,
contact the county property appraiser's office for information.
k. ZONING: SELLER has not commenced any proceedings to change the current zoning classification of the Property, nor will SELLER
initiate any such proceedings, SELLER has not received notice from any third party(ies) of any proceedings which would affect the current zoning
classification of the Property, Should SELLER receive any such notice, SELLER will promptly notify BUYER of same, and if the proposed zoning
would prevent the current use of the Properly, BUYER may terminate this Contract not later than 5 days after receipt of said notice,
2. INSPECTIONS:
a. INSPECTION PERIOD; INSPECTION ITEMS: BUYER shall have 15 days after the Effective Dare (the "Inspection Period") to have the
Property and improvements thereon inspected at BUYER's expense as follows: (1) ail major appliances and equipment: sprinkler, well, septic,
r,eating, cooling, electncal, plumbing and security systems; major mechanical components; roof (including fascia and soffits); ceilings; structural
walls; foundation; sI,'Jimming pool, spa and pool/spa deck(s): seawall; dock(s); boat lifts/davits and related electrical and mechanical components,
jf any (collectively "Systems and Equipment'), by an appropriately Florida licensed inspection company or licensed contractor, and/or (2) radon
gas, by a Florida certified radon measurement technician or specialist, and/or (3) lead-based paint ar.d haz3rds, by an EPA-c>3rtif:ed 'ead exposure
risk assessor, and/or (4) termites or other wood-destroying organisms, by a certified pest control operator, and/or (5) air sampling, suiface
sampling and/or dust sampling within the dwelling(s) performed by a qualified indoor air quality inspector for the presence of toxic and pathcgenic
molds, which inspection shall be non-in'/3sive and shall not entail any perforation or removal of struct'jral material unless approved in advance by
SELLER (collectively the "Ir.spection Items"), Upon reasonable notice, SELLER shall provide access and utilities serlice to the Property to
f3cilitate the inspections.
b. DEFECTIVE INSPECTION ITEMS; BUYER'S ELECTION AND SELLER'S RESPONSE: Except as to any facts or conditions disclosed
to 8UYER in the man~er set forth in Standard 0,1 a,. if any inspection conducted during the Irspection Period re,eals: (1) that any Systems and
Equipment are not in \/vorking Condition, and/or (2) the presence of radon gas at a level in excess of EPA action ie'lels, and/or (.3) the presence of
:ead-based paint or paint hazards requinng abatement under HUDiEPA protocols, and/or ~4) the existence of 3cti'le infestation by termites or
Jther 'Nocd-destroyinj organisms and/or visible dan13ge caused by acti'/8 or past infestation; and/or (5) the pre.;;ence of toxic or pathogenic melds
(oo'iectively the'Defecti'le inspection Items'), BUYER shall, not later than 5 days after expiration of the Inspection P8riod: (a) nctify SELLER of
any Cefective Inspection Items, and (b) furnish to SELLER a copy of the inspection report(s) documenting the Defecti'/e Inspection Items, and
(e) notify SELLER of BUYER's election either to: (i) ~'3cei'ie a ceedit from SELLER at Gloslng in :ieu of any repairs replacements, treatment,
mtigation or atrier rer;'edial action necessary to bring tr,e Defective Inspection Items into compiiarce '!Iith the relevant stanoards set forth abO'<8
(:he "Remedial ""ction'). if BUYER elects to recei'ie 3 credit, the amount of the credit shall be equj'ialent to ~ne estimated costs of any Rerredial
/4.clion and shail be (jetermined not later than the earlier of SELLERs Response Csadiine, or 10 days prior to the Closing Date, or Iii) have
SE~LER ;ake Rerredial ,Action at SELLER's expense, ;f BUYER elects (i), SELLER shall not be required to take any Remedial Acton. If BUYER
makes r.o election, BUYER shall be deemed to have elected to receive a credit at closing,
SALES CONTRACT (RESIDENTIAL iMPROVED PROPERTY) (NABOR 11-11-2005) P1ge 5 0f 9
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Not later than 10 days after receipt of the written notice and inspection report(s) from BUYER ("SELLER's Response Deadline"), SELLER
shall notify BUYER whether SELLER agrees to BUYER's request. If SELLER refuses BUYER's request by the SELLER's Response Deadline,
then BUYER may terminate this Contract not later than 5 days after SELLER's Response Deadline. If BUYER does not elect to terminate this
Contract, BUYER is deemed to have accepted the Property in the condition it existed on the Effective Date, except that BUYER retains the
walk-through inspection rights set forth in Standard 0.2.c,(2) (3), and (4) below, If SELLER fails to respond by the SELLERs Response Deadline,
SELLER shall be deemed to have refused BUYER's request, and BUYER may terminate this Contract as set forth above,
If any Remedial Action requested by BUYER requires the approval of any community association governing the Property, and SELLER
fails to furnish BUYER with written documentation of said association's approval not later than 5 days prior to the Closing Date, BUYER may
terminate this Contract.
If BUYER does not have the Inspection Items inspected, or fails to do so within the Inspection Period, or fails to timely report any
Defective Inspection Items to SELLER, BUYER shall be deemed to have accepted the Property in the condition it existed on the Effective Date,
except that BUYER retains the rights set forth in Standard D.2,c,(2), (3), and (4) below.
Remedial Action shall be deemed to have been properly performed when (1) the Systems and Equipment are placed in Working
Condition, (2) radon gas within the residence on the Property is reduced to below EPA action levels, (3) lead-based paint and paint hazards on
the Property are removed or contained in accordance with HUD/EPA guidelines, (4) any active infestation of termites or other wood-destroying
organisms is exterminated or treated, and all visible damage caused by active or past infestation is repaired or replaced; and (5) no toxic or
pathogenic molds are present within the dwelling(s). SELLER shall make a diligent effort to perform and complete all Remedial Action prior to the
Closing Date, failing which a sum equivalent to 200% of the estimated costs of completing the Remedial Action shall be paid by SELLER into
escrow at closing pending ccmpletion.
Systems and Equipment shall be deemed to be in Working Condition if operating in the manner designed to operate. The roof, ceiling,
interior and exterior walls, foundation, swimming pool, spa and pool/spa deck(s) shall be in Working Condition if structurally sound and watertight.
Seawalls and docks shall be in Working Condition if structurally sound, SELLER shall not be obligated to take Remedial Action or grant a credit in
lieu of Remedial Action with regard to any Cosmetic Condition, which is defined as an aesthetic imperfection 'Nhich does not affect the Working
Condition of the item, including corrosion; tears; worn spots; discoloration of floor covering or wallpaper or window treatments; missing or torn
screens; nail holes; scratches; dents; chips; caulking; pitted pool surfaces; minor cracks in windows, driveways, sidewalks, pool/spa decks and
garage, tile, lanai and patio floors; and cracked roof tiles, curling or 'Nom shingles and limited roof life, so long as there is no evidence of structural
damage or leakage.
No cost to repair or replace any Systems and Equipment item shall exceed the fair market value of that ;tem if it were in Working
Condition,
c. WALK. THROUGH INSPECTION: BUYER (or a designated representative) may conduct a walk-through inspection of the Property prior
to closing or possession, whichever is earlier, to confirm: (1) completion of any Remedial Action agreed to by SELLER in Standard D,2,b. above,
(2) that the personal property items which are being conveyed as part of it-is Contract remain on the Property, (3) that the personal property items
which are not being conveyed as part of this Contract have been removed from the Property, and (4) that SELLER has maintained the Property
as required in Standard D,2.d, below, Upon reasonable nctice, SELLER shall provide access and utilit:es service to the Property to facilitate the
'lo'alk-through inspection,
d. :'I1AJNTENANCE OF PROPERTY; RISK OF LOSS: SELLER shall maintain the Property (including ,,,ithout limitation lhe lawn, shrubt:erj,
and landscaping) in the condition existing on the Effective Date until the Closing Date or date of pcssession, Nhichever is earlier, except for
ordinary wear and tear and any Remedial Action agreed to by SELLER under Standard D.2,b. above, Any future loss and/or damage to the
Property between the Eifective Date of this Contract and the Closing Date or date of possession, whichever is earlier, shall be at SELLER's sole
risk and expense, SELLER shall maintain all existing casualty insurance on all improvements on the Property until disbursement.
STANDARD E. SELLER'S INSTRUMENTS AND EXPENSES. SELLER shall pay for and provide, '.vhen applicable, ircluding any sales tax due
thereon: (1) the titie evidence or credit specified in Stardard B; (2) if the Property is iecated in Lee or Charlotte County, the premium for the owners
title insurance policy issued by the closing agent selected by BUYER, and the charges for title search, title examination, and title continuation
[['irough the date of deed recording; (3) preparaton of statutory 'Narianty deed (or special warranty deed if SELLER is a ~dLciarf), bill of sale with
warranties of ownership and freedom from encumbrances, cordominium/homeowner association estcppel !etter(s), tenant iestoppel ietter(s),
copies and assignment(s) of lease(s), and an affidavit regarding liens, possession, and withholding under FiRPTA, in a form sufficient to allow
'gap" cO',8rage by title insurance: (4) mortgage payoff Istter from existing !ender(s); (5) documentary stamps on daed; (6) real estate broker's
compensation (to be disbursed by closing agent at cIGsing); (7) utiiity services to the Clcsing Date: (8) the full amount of condominium/homeowner
association special assessments and governmentally imposed liens or special assessments (ij:her than CCD/MSTU assessments .vhich are
addressed in Paragraph 5), which are a Iier. or a special assessment that is certain as to the identity of the lienor or assessor, the property subject
to the lien or special assessment, and the amount of the lien or special assessment, on or before the Effective Date; (9) SELLER's attorney fees
and clOSing fees, (10) if SELLER is subject to Nithholding Lnder FiRPTA, reasonable charges aSSOCIated ':lith withholding, escrowing and/cr
remitting funds, and/or preparing the withholding certificate application and/or tax return related thereto.
SALES CONTRACT (RESIDENTIAL ::.1PROVED PROPERTY) (NABOR 11.11-2005) Page 6 of9
16G3
STANDARD F . BUYER'S INSTRUMENTS AND EXPENSES. BUYER shall pay for and provide, when applicable, including any sales tax due
thereon: (1) recording fee for deed; (2) all costs of any institutional loan secured by BUYER; (3) the premium for lender title insurance policy, and if
"e property is located in Collier County, the premium for the owners title insurance policy issued by the closing agent selected by BUYER and the
charges for title search, title examination, and title continuation through the date of deed recording; (4) recording membership approval;
(5) surJey; (6) condominium/hcmeowner association membership transfer fee: (7) condominium/homeowner association resale transfer
fee/capital contribution: (8) pending liens or special assessments (liens or special assessments other than those described in Standard E(8)),
If it is determined that there are pending liens or special assessments which do not fall under Standard E(8) above, which 'Nere not disclosed in
writing to BUY ER by SELLER prior to or concurrent with the execution of this Contract, and which exceed a sum equivalent to 1 % of the purchase
price, BUYER may terminate this Contract, unless SELLER agrees in writing to pay the portion of such pending liens or special assessments in
excess of 1 % of the purchase price, SELLER agrees to pay into escrow at closing a reasonable sum to insure that the excess will be paid;
and (9) BUYERs attorneys fees,
STANDARD G - PRORATIONS; CREDITS. These items will be prorated as of the Closing Date, 'Nith BUYER charged with and entitled to the
Closing Date, or the possession date, whichever is earlier: (1) ad valorem and non ad valorem real and personal property taxes based on the
current year (if available), otherwise on the prior year's bill (without discount), If completed improvements exist on the Property for which a
certificate of occupancy was issued as of January 1 st of the year of closing, which did not exist on January 1 st of the prior year, taxes shall be
estimated for proration by applying the current year millage rate to the current year taxable value of the Property. If the current year millage rate is
not fixed, the prior year millage rate shall be applied. If the current year taxable value is not fixed, the taxes shall be estimated for proration by
applying the most current fixed millage rate to a sum equivalent to 80% of the purchase price. A tax proration based upon any estimated tax shall,
at the request of either party, be re-prorated based on the actual tax bill amount; (2) interest on any assumed indebtedness; (3) rents;
(4) condominium/homeowner association assessments and CDD/MSTU operating and maintenance assessments; (5) county 'Naste
assessments; and (6) appliance service contracts assumed by BUYER. BUYER shall receive from SELLER at closing a credit equivalent to the
amount of any security deposit and prepaid rents held by SELLER, and any accrued interest thereon, or alternatively, ownership or an
assignment of the account in which the deposits and prepaid rents, and any accrued interest ther'30n, are held,
ST ANDARD H - HOMEOWNERS' ASSOCIA nON DISCLOSURE. If the Property is located within and gC'Jerned by a mandatory homeO'.'mers'
association, the following provisions are incorporated into this Contract:
IF THE DISCLOSURE SUMMARY REQUIRED 8Y SECTION 720.401, FLORIDA STATUTES, HAS ~iOT SEEN PROVIDED TO THE
PROSPECTIVE PURCHASER BEFORE EXECUTING THIS CONTRACT FOR SALE, THIS CONTRACT is VOIDABLE BY BUYER BY
DELIVERING TO SELLER OR SELLER'S AGENT OR REPRESENTATIVE WRITTEN NOTICE OF THE BUYER'S INTENTION TO CANCEL
':NITH!N 3 DAYS AFTER RECElPT OF T:iE DISCLOSURE SU:v!MARY OR PHIC,~ TO CLO'5iNG, ','ii-HCHEVER OCCURS ;=IRST. A.'lY
PURPORTED 'lJAIVER OF THIS VOlDA81UTY RIGHT HAS NO EFFECT. BliYER'S RIGHT TO VOID THiS CONTRACT -SHALL TERr.HNA TE
AT CLOSlNG.
BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTiL 3UYER HAS RECEIVED AND READ THE "HOMEOWNERS' ASSOCIATION
DISCLOSURE SUMMARY," WHICH IS ATTACHED TO AND MADE A PART OF THIS CONTRACT.
STANDARD I - CONDOMINIUM RESALE DISCLOSURE; VOIDABILlTY RIGHTS. If the Prcperty is 3 condominium unit(s), the following
provisions are incorporated ilito this Contract THIS AGREEMENT IS VOIDABLE BY BUYER BY DELIVERING WRITTEN ~,IOTJCE OF THE
8UYER'S INTENTION TO CANCEL WITHIN 3 DAYS, EXCLUCING SATURDAYS, SUNDAYS AND LEGAL /-lOLlDA YS, AFTER nlE DATE OF
EXECUTION OF THIS AGREEMENT BY THE BUYER AND RECEIPT BY 8UYER OF A CURRENT COPY OF THE DECLARATION OF
CmlDCMiNIUM, A.RTICLES OF lNCORPORAT!CN, BYLAWS, AND RULES OF THE ASSOCIATlON, .~;iD A COpy OF r;-lE .',10ST
RECENT YEAR-END FINANC!AL iNFORMATION AND FREQUENTLY ASKED QUESTIONS :.l,ND ANSWERS DOCU;ilENT !F SO
REQUESTED IN WRITING. ANY PURPORTED WAIVER OF THESE VOIDABILlTY RIGHTS SHALL BE OF .'10 EFFECT. BUYER :ilAY
EXTEND THE TiME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 3 DAYS, EXCLUC:NG SA TUfmXfS, :3U.'JDA':S ),ND LEGAL
HOliDAYS, AFTER THE BUYER RECEIVES THE DECLARATION, ARTICLES OF iNCOR?ORATION, 3YLA'f/S, .~;m RULES OF THE
.6.,SSOCIATlON, AND A COpy OF T:,E ~ilOST RECENTYEAR.END FINANCIAL iNfORMATION AND F.~EQUE.\iTLY ASKED (lUESTlmlS
AND i\NSWERS DOCWltENT IF REQUESTED iN WRITING. SUYER'S R!GHT TO VOID THIS AGREEMENT 3HALL TERMINATE AT
CLOSING. BU'(C:R, by its execution of this Contract, !ier2by rsquests 3 current copy of the above rebrerced condominium dcculi:erts,
SALES CONTAACT (RESIDENTiAL ;~,'PROVED PROPERrf) (NASOR 11-11.:2005) P:;;e 7 of ()
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ST ANDARD J. CONDOMINIUM/HOMEOWNER ASSOCIATION PROVISIONS; MEMBERSHIP APPROVAL. Any condominium/homeowner
association reserJe account(s) is included in the purchase price. If association membership approval is required, BUYER shall, not later than 10
days after the Effective Date, make application for same in the name(s) in which title will be taken, and shall comply with all governing
requirements of the association and be responsible for securing membership approval. If no approval has been obtained prior to closing, either
BUYER or SELLER may terminate this Contract. SELLER shall obtain a ietter(s) from the association(s) '",hich sets fo;ih the amounts, periods and
payment status of assessments and transfer fees and resale capital contributions, and deliver same to the BUYER not later than 15 days prior to
the ClOSing Cate, Some condominiums exist upon a leasehold estate or have associated recreational leases which may require the payment of
rents, taxes, maintenance, replacement and repair, BUYER takes title subject to any such lease. If the condominium exists solely upon a
!easehold estate, SELLER will assign its sublease to BUYER at closing,
STANDARD K - MORTGAGE lENDER POLICIES. If BUYER cbtains institutional mortgage financing, the pOlicies of the iending institution shall
r,evail as to the procedures for clOSing and disbursement of mortgage loan proceeds,
sr ANDARD L. SURVEY; COASTAL CONSTRUCTION CONTROL LINE. BUYER may, at BUYER's expense, have the Property surveyed not
later than 15 days prior to the Closing Date ("Survey Period"), If the survey, as certified by a registered Florida surveyor, correctly ShO'NS:
(1) an encroachment onto the Property; (2) that an improvement located on the Property projects onto lands of others; (3) an improvement on the
Property violates a zoning, building or other governmental use restriction; (4) an improvement on the Property violates any recorded covenant or
restriction, or any covenant of this Contract; or (5) lack of !egal access (collectively "Objections"), BUYER may, within the Survey Period, notify
SELLER of the Objections and shall furnish a copy of the survey. The Objections shall be treated as a title defect(s), If any portion of the Property
lies seaward of the Coastal Construction Control Line, as defined in Section 161.053 Florida Statutes, BUYER waives the right to receive a sUl\ley
or survey affidavit from SELLER delineating said line on the Property. If BUYER fails to obtain a survey within the Sur/ey Period, BUYER waives
3ny right to object to any matters which might have been shown on a survey, If BUYER fails to make any Objections within the Survey Period,
BUYER waives any Objections.
STANDARD M - ESCROW; ESCROW AGENT(S). The escrow agent who accepts in escrow the deposit(s) paid under this Contract (the "Escrow
Agent") shall hold the deposit(s) in escrow until the earlier of: (1) delivery to another Escrow Agent for closing, who by acceptance agrees to these
terms and becomes the Escrow Agent (the Escrow Agent holding the deposit(s) is authorized to so transfer the funds and is relieved of all liability
for the funds delivered); (2) delivery of the deed, with payment of the deposit(s) as part of the purchase price of the Property; (3) such time 3S
BUYER may be entitled to return of the deposit(s); or (4) delivery pursuant to written direction of the parties, at which time the Escrow Agent shall
pj all of the deposit(s) to the party(ies) entitled thereto. The Escrow Agent shall not be liable for the payment of any interest, damages, attorneys
fees or court costs in any action brought to recover the deposit(s) held in escrow, or any part thereof, unless the Escrow Agent shall fail or refuse to
pay over any such deposit(s) pursuant to a judgment, order or decree that shall be final beyond possibility of appeal. In any proceeding '""hich
iitigates the disposition of the deposit(s), the Escrow .t.gent shall be entitled to be paid ..easonable 3lto,-neys fees and court costs, '(,hich shall be
oaid by the non-prevailing party. The EscroN ),gent has no duty to collect or attempt to ,:01lect any deposit or check given as a deposit, but shall
v.e the parties written notice of: (a) any deposit that is not received not later troan 5 days after its dL1e date, and (b) anj::!eposit check that is not
paid on presentation, not later than 5 days of learning of its dishonor. Upon written directive from BUYER, the depcsit(s) shall be placed into an
int,:;rest bearing account, and all interest acon..ing thereon shall be paid to BUYER in any event. If the Escrow ,.1,gant is a licensed real estate
broker, the Escrow ,A.~ent shall comply V'~th the requirements of Chapter 475, Florida Statutes.
STANDARD N . FOREIGN iNVESTMENT IN REAL PROPERTY TAX ACT (FIRPTA) WITHHOLDING. A SELLER who is a U,S. citizen or
resident alien and 'Nho fL1rnishes BUYER '/'lith an affidavit attesting to same, is ,exempt from FiRPTA 'Nithhoiding, If SELLER is a foreign person or
entity, BUYE,~ shall deduct and withhold from the pl~rchase prce, or coilect from SELLER if the net prGceeds are insuT:icient, 10% of the purchase
price (the 'FIRPTA Funds"), and remit S8r;;2 to the internal Re'ienue Ser.;ice ( the 'iRS") '.vithin 10 days after the C!osing Date, unless:
(1) :he purchase price is not mOl"e than $300,000,DO and BUYER executes a certificate establishing that BUYER's acquisition of t!:e Property is
for "se as BUYERs residence in accordance ;Iith the internal Revenue Code and all applicable regt;lations related LO chat exemption: or
(2) SELLER furnishes to BUYER, not iater than ,he Closing Date, proof of submittal to the IRS of an application for'.vitnhoiding certificate, In 'Nhic:l
event the clcsing agent (or other third party mutually designated by SELLER and BUYER) shall hold the FIRPT,l\ Funds in escr0W pending
receipt of the 'liithho\:!ing certificate, and shall ,"emit U'.e sum refl.::cted in ,he,vithh,Jiding celiif:cate to [-;e iRS .,lthin 10 days of receipt of tr.e
N'thho!ding certificate, and shall promptly refund any i8mainll1g balance to SEL~ER. SELLER shall holo BUYER harmless ar:d ir.cerr:nify BUYER
f,cr ,"";ot witr:holdir.g or collecting the FIRPTA Funds or for '!ilthhctdil'g and rer;;itbig only such ..educed amount renected in the Nithhciding
certificate. BUYER shall provide to SELLER e'lidence of remittance of all or any portii)n of the Fi:~PT A Funds to the IRS, The failure of aither
:a,-ty to comply or to 3ilow compliance with the requirementS of FIRPT.A. and related regulations shall constitute a creach of this Contr:3ct.
SALES CONTRACT (RESIDENTIAL iMPROVED PROPERTY) (NABOR 11.11-2IJ05) P1geS of9
16G3
STANDARD 0 - QUICK CLOSING; INSURABILITY; CLOSING DATE EXTENSION. If the Closing Date does not allow sufficient time for
performances by SELLER and BUYER within the time frames and by the deadlines set forth in this Contract, the parties agree to undertake and
complete all performances, inspections, surveys, examinations, delivery of documents, notices, satisfaction of contingencies and all other actions
required of or allowed to either party prior to the Closing Date, except that the statutory time period set forth in Standards H and I shall not be
affected by this provision, If BUYER is unable to obtain hazard, fiood, wind or homemvners insurance at a reasonable rate due to extreme
'.'Ieather conditions, BUYER may delay the Closing Date up to 5 days after such coverage becomes available, If such coverage does not become
available for a period of 30 continuous days. either SELLER or BUYER may terminate this Contract.
STANDARD P - TIME OF PERFORMANCE AND REMEDIES. Time is of the essence for closing title. If BUYER dces not perform BUYER's
cbligatlons hereunder (except as excused by SELLER's default) all deposits made shall be paid to SELLER as liquidated damages, which
shall be SELLER's exclusive remedy. If SELLER does not perform SELLER's obligations hereunder (except as excused by BUYER's default),
BUYER may enforce this Contract by a suit for specific performance, damages, or may terminate this Ccntract.
STANDARD Q - LITIGATION ; ATTORNEYS FEES AND COSTS. In connection with any litigation concerning this Contract, the prevailing party
shall be enti~led to recover reasonable attorneys fees and court costs from the non-prevailing party,
STANDARD R - NOTICE AND DISCLOSURES. All notices and disclosures must be in writing. Unless a party is required by law to deliver
notice or a disclosure directly to the other party, all notices and disclosures required or permitted under this Contract shall be effective when given
by a party or that party's broker or attorney to the other party or said other party's broker or attorney,
STANDARD S . MISCELLANEOUS. (1) The parties have agreed to deal in good faith and to diligently work toward a timely closing, (2) The
singular case or tense shall inolude the plural case or tense, (3) This Contract may only be modified in writing by the parties. (4) All references in
this Contract to a number of days shall mean calendar days, (5) Except as otherNise expressly provided by law, if any deadline falls on a Saturday,
Sunday, or federal legal holiday, said deadline shall be extended to the following business day, (6) As used herein, the terms "real estate broker"
or broker" shall include all real estate brokers, brokerage corporations or business entities, and their respective sales associates involved in this
transaction. (7) All title evidence, condominium documents and other documents provided to BUYER by or on behalf of SELLER are the property
of SELLER until closing and shall be immediately returned to SELLER If this Contract is terminated. (8) If either SELLER or BUYER is permitted to
terminate this Contract, said party shall do so by giving notice of said termination to the other party, whereupon all deposits made by BUYER shall
be prompt!y returned to BUYER, this Contract shall be of no further force and effect, and the parties shall have no further liability to one another
hereunder except as set forth herein. (9) The headings used in this Contract are for convenience of reference only and shall not be used for
interpreting the meaning of any provisions of this Contract. (10) All provisions of this Contract which by their nature or context require
performance or provide rights after the Closing Date, including without limitation the provisions of Standard Q, shall sur.;ive closing, (11) Signatures
and initials communicated by electronic or facsimile transmission shall be binding. (12) This Contract may be signed in counterparts, and said
counterparts shail col:ecti'iely constitute tr,e entire agreement of the parties. (13) Upon reasonable notice, SELLER shall provide access to tr,e
Property [0 appraiser(s) and surveyor(s) retained by BUYER.
STANDARD T. NEGOTIATED TERMS; REPRESENTATIONS. Any and all terms r.egotiated berlieen the parties must be written into this
Contract. BUYER's decision to buy was based upon BUYER's own in'iestigation of the Property, BUYER holds the brcker(s) nannless from all
liability or loss caused by SELLER's failure to disclose material facts in accordance with this Contract, rspresentations regarding the Property's
condition, or broker's referral, recommendation, or retention of any vendor, The parties agree that assistance to a party by a broker does not and
will not, make the broker responsible for performance,
STANDARD U . BiNDiNG CONTRACT; LEGAL COUNSEL. THE P,b"RTiES ARE NOT REQUIRED TO USE ANY PflRTICUL.A.R FORM OF
CONTR~CT. TERMS AND CONDiTIONS SHOULD BE NEGOTIATED BASED UPON THE RESPECTiVE iNTERESTS, OBJECTIVES Mm
8AF~'3AIN!NG POSITIONS OF THE PARTIES. APPROVAL OF THIS FORM BY THE COLliER COUNTY BAR ASSOCIATiON AND
A.SSOCIA TIONS GF REALTORS DOES NOT CCNSTITUTE AN OPiNION THAT MN OF THE TERMS /o~m CCrJDITiOi'JS IN THIS CONTPJl..CT
SHOULD BE ACCEPTED BY ,4 PA.RTY 1;'1 ,A, PP.RT!CULAR TRA.i'lSACT!Cn THiS is A. LEGALLY SINDi;.iG CCNTR"CT FCRM, E,,,CH ?,A.R-:-V
A.CK;.JOWLEDGES THAT PRIOR TO SIGNING THE CONTRACT, THE CLOSING EXF'ENSES HAVE BEEN EXPLMJED. REAL ESTATE
TP.A.NSACTION ST,ll,~ iD,A.RDS.A. THROUGH U ,4,; 'iE BEEN RECEi'/ED f..ND REVIE'NED, AND THAT PARTY H,A.S 3EE~J ,"u/!.sED BY THE
RE:'"l ESV. TE BROVER TO SEEK LEGAl COUNSEL ArJD TITLE iNSURNJCE TO PROTECT TH,A, T PA.RTf'S iNTEREST iN CONNECTiO~J
'N!;H THE TITLE ST..:.rus f..ND CLOSING OF THIS TRANS,;CTiCN, BUYER AND SELLER ,.:..RE ADViSED TO CCi'iSUL T MJ APPROPRIATE
PROFESSIONAL rOR LEGAL, TAX, PROPERTY CONDITiON. ErJVIRCNMENTAL, Ai'm OTHER SPEC:A.LlZED ADVICE, THiS CONTRACT
SHf~.LL BE 8INCIi'lGJPON AND Ii'JURE TO THE BUJEFIT OF THE PARTiES HERETO, THEIR HEiRS, .Am,!ii'iISTRL\TCRS, ;:::ERSCi'J.Al
REPRESENTATIVES, AND SUCCESSORS IN INTEREST,
SALES CONTRACT (RES1DENT!AL J:JlPROVED PROPERTY) (~jABOR 11.11.2C05) ?::::;e 9 cf9
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SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY)
SElLER: Alice Barbara Collins & Robert D. Stubli
BUYER: Collier County Redevelopment Agency
ADDRESS: 114 N. Pleasant Street
ADDRESS: 3301 Tamiami Trail East
Montpelier, Ohio 43543-1146
Naples, FL 34112
UPON ACCEPTANCE OF THE OFFER OR COUNTEROFFER, SELLER has agreed to sell and BUYER has agreed to buy, UPON THE FOLLOWING
TERMS AND CONDITIONS. the real property hereafter legally described ("Property"), toge1her \Wh fixtures, including built-in appliances, refrigeraD, stove,
dishwasher, washer. dryer, ceiling fans, wal~waI carpetilg, window coverings and None
and the personal property, if any, as listed on the attached inlJeOtory, free from liens. The following items are specifiaiIy excluded ft'om this Contract:
None
Personal property items transferred v.ith the real property are deemed without value, left br the convenience at the parties, and transferred without
consideration, unless oth8lVt'ise agreed lD by the parties.
LEGAL DESCRIPTION IF THE PROPERTY IS NOT A CONDOMINIUM UNIT(S):
Kellv Plaza Lot 7 , NaDles
, Collier
County, Florida.
LEGAL DESCRIPTION IF THE PROPERTY IS A CONDOMINIUM UNIT(S):
Unit(s) No. of
Declaration of Condominium thereof, recorded or referenced in O.R. Book
County, Florida.
,Page
. a Condominium, according to the
, Public Records of
If applicable, SELLER shall convey SELLER's exclusive
Storage Locker(s) , Boat Dock(s) or S1ip(s)
exclusive right of use and the right to convey.
IF THE PROPERTY IS A COOPERATIVE PARCEL, THE COOPERATIVE ADDENDUM TO SALES CONTRACT (RESIDENTIAL IMPROVED
PROPERTY) IS INCORPORATED HEREIN AND MADE AN INTEGRAL PART OF THIS CONTRACT.
The address of the Property is: 3148 Van Buren Avenue, Naples, FL 34112 Folio: 52700280000
right to use Parting Space(s) , Cabana(s)
, or other common elements and common areas to which SELLER has an
1. PURCHASE PRICE: The purchase price (U.S.), which is allocated lD real property
only unless otherwise stated, shall be payable as follows: .........................................................$
A. Initial Deposit, in the amount of...........................................................................................$
B. Additional Deposit to be received in esaow not later than 45 days after the
Effective Date, in the amount of..........................................................................................$
-B~.OfJg.e~~
1,000.00
C. Proceeds of mortgage, if any [See Paragraph 4.B.]...........................................................$
D. Other. $
E. Balance of the purchase price, by local cashiers check or ..we transfer
funds at closing, subject to adjustments and prorations, of approxinately ........................$
Deposit checks are accepted subject to collection.
gFi.'~
~J
Cl2005 Napl. Aru BOII'd of REALTORs. IIld Association of RNI Estate Profeaslon"s, Inc. All Rights RlHlvId. (NABOR 11-11-2005)
Approved by /he Marco Island Area Association of REAL TORS3. Inc. and /he Coller County Bar As8ociation. Page 1 of 9
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2. PERIOD OF OFFER AND EFFECTIVE DATE: This offer or any counter-offer is revoked if not accepted. and notice of acceptalce given to offeror
or counter-offeror, by 0 AM 0 PM on ~nsert Date}. This time limit shall apply to all offers and
counteroffers unless otherwise stated. The Effective Date of this Contract shall be the last date either SELLER or BUYER signs or initials this Contract.
INITIALED CHANGES MUST BE DATED, OR THE LATEST DATE SET FORTH ON THIS CONTRACT SHALL BE THE EFFECTIVE DATE.
3. CLOSING DATE; CLOSING LOCATION; CLOSING AGENT; POSSESSION: Closing shall occur on April is 2007
{Insert Date}, or prior to that date by written consent of both parties (the "Closing Date") in the county where the Properly is located, at an office designated
by the closing agent, who shall be selected by BUYER. BUYER shall be the legal owner of the Property as of the closing, and SELLER shall vacate and
give possession of the Property at the closing. SELLER shall leave the dweHing(s) on the Property in broom-clean condition and the entire Property free of
debris.
4. METHOD OF PA YMENT(SELECT ONE. IF NO SELECTION IS MADE, A. SHALL APPLY): Ii!' A. CASH: BUYER wi pay cash, with no mancing
contingency; 0 B. FINANCING CONTINGENCY: BUYER's obligation to purchase the Property is contingent upon BUYER obtaining a loan, in at least the
amount sho'Ml in 1.C. above, to be secured by a mortgage on the Property at [SELECT ONE. IF NO SELECTION IS MADE, (1) SHALl APPLY):
o (1) an initial or 0 (2) fixed rate of interest not exceeding % per year, for an amortized tenn of not less than --years [30 years if left
blank] with a balloon not sooner than ---Y8ars. BUYER shall apply for the loan at BUYER's expense not later than _ days after the Effective
Date [10 days if left blank], and shall make a good faith effort to obtain said loan. If BUYER fails to give notice to SELLER of waiver of this financing
contingency on or before {Insert Date} [30 days after the Effective Date if left blank], either SELlER or BUYER
may terminate this Contract at any time. SEUER's right to terminate shall cease to exist if BUYER gives notice to SELlER that BUYER has waived this
financing contingency priorto SEUER giving BUYER notice of termination. Delivery cI documentation evidencing loan commitment or loan approval
shall not constitute a waiver of the financing contingency. BUYER acknowledges that once BUYER walv.. this financing contingency, BUYER's
deposit moni.. are no longer refundable under this Paragriph 4-
5. CDDIMSTU SPECIAL TAX DISTRICTS: If the Property is located within a Community 0eveI0pment District (CDD) or Municipal Service or Benefit
Taxing Unit (MSTU) [SELECT ONE. IF NO SELECTION IS MADE, A. SHALL APPLY]: "A. SEUER will pay in full at closing anyoulstandlng capital
assessment balance, OR 0 B. BUYER will, at closing, assume any outstanding capital assessment balance. If B. is selected, the Addendum to Sales
Contract entitled "Special AssessmentsIT axes Disclosure" must be completed and signed by SELLER and BUYER, and attached to and made a part of
this Contract.
6. INSPECTIONS; WAIVER [SELECT ONE. IF NO SELEcnON IS MADE, A. SHALL APPLY): if' A. INSPECTIONS: BUYER reserves the right to
conduct the inspections provided for in Standard D.2.a., OR 0 B. WAIVER: BUYER accepts the Property in its "as is" condition as of the Effective Date,
including the conditions disclosed in Standard D.1. or in Paragraph 7. BUYER may conduct inspections of the Property; however, BUYER's obligation to
purchase the Property is not contingent upon the results of any inspections. However, BUYER retains the walk-through inspection rights set forth in
Standard D.2.c.(2), (3), and (4).
7. A. OTHER TERMS AND CONDrrIONS: This contract is contingent upon final approval of the eRA Board of Directs.
Anv and all brokerage commissions or fees shall be the sole respOnsibility of the Seller.
SALES CONTRACT (RESiDENTIAL IMPROVED PROPERTY) (NABOR 11.11.2005) PAGE 2 of 9
16G3
7. A. OTHER TERMS AND CONDmoNS (ContInued from Page 2):
.A,pprr"l""d -,S ,"',n;. ,." it3<9al Sufficiency
11~UL "~~-,f.!" ~?""~~
-~. ~ lsta i-I f.. Tf~S". I\ttorne . . ,
DWIGHT E. ~ROC~. CL K
, O(
B. ADDENDUM: If additional tenns are incorporated into this Contract by sapota Addendum, atta
Oep Y
REAL ESTATE TRANSACTION STANDARDS. SELLER AND BUYER ACKNOWLEDGE THAT THEY HAVE EACH RECEIVED AND (<<EVlEWED
PAGES 1,2, AND 3 AND REAL ESTATE TRANSACTION STANDARDS A THROUGH U ON PAGES 4 THROUGH 9 OF THIS CONTRACT, WHICH
ARE INCORPORATED IN AND MADE AN INTEGRAL PART OF THIS CONTRACT AND S LL NOT BE REVISED OR ModIFIED exGEPT IN
PARAGIWH 7. THIS CONTRACT. / / ._
'tJ / rJtJ 2 ^ j tn-rn.IC-- c7""~ .2. ;;) "6.-(.)
(Buyer's Signatu ) (Date)
( SeIler's Signature
oJ I1l9lVJcvJ
-
(SelIer's Printed Name)
!) _ (7hb(/
(SeIler's Signature)
(Date)
(Bu s Signature)
David L. JacfLs iT1I
(Buyer's Printed Name) ~"n VG PI~.:ll>,L
~s~C~/Y'Z..A+.t'~ eM
(Seller's Printed Name)
IDENTIFICATION OF BROKERS AND SALES ASSOCIATES
Listing Broker: Mike Hughs, Downing-Frye Realty,lnc
Listing Sales Associate: Kathy Smith
Selling Broker:
SelHng Sales Associate:
DEPOSIT RECEIPT
Initial Deposit by 0 cash 0 wire or 0 check received on
will be held in escrow in accordance with the terms and conditions of this Contract.
{Insert Date},
Received by:
for delivery to:
(Escrow Agent)
SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) (NABOR 11.11.2005) Page 3 of9
16G3
REAL ESTATE TRANSACTION STANDARDS
STc\NDARD .6.. - TITLE. -r,(:() :r::l
3~;:1:; 'je
3nd f;::jrk;::~3t!e :ji~h
;::cess. :'
J, ~/
"l ; ;-:..::.
1 3d '/a!o"efT' ar,Q non ad 'Ja:orern real oroperty taxes fer ere year of closing and SLiGSequent years' ! 2, zOr1:r,g DU,!'':iI'g cc,js cli"<j~::-e ,j.38
'-:0strictions :rnpcsed tf9,:\errJllelltai 3Ulhoriti" -3,. Ci....istanrjirg i:::.d, gas 3nd ~""1iil2ral ;nter!:?sts cf r2ccr.j, ;f any a~d-+:' r.?s~ric~,;c:-:s "2ser\:jtic':s
3nd ed~,r~rrtr:rs c:crrtTt)n ~c ~he SLO(j;'~':sjon prc\/\(1ed 't:at ~::J:le c)f ~~e for~::go;n9 shaH pre'.'ent ;jse cf tt'IG :':rcpe!~ :or res;(j2r:t;:j; p~.;'T:()3es
STANDARD B - TITLE EVIDENCE OR CREDIT; EXAMINATION; DEFECTS; LEGAL ACCESS; CLEARANCE. ~.:Jt 'c1wr tran' 5::Jjs ater :r,e
=~fecti"~e Cate :3ELL.Er:? :)(";d!; "!..~'n:sn !(] SI,,)'~,=R a ;))r~lete :'c~'Y' of SELLER_ s Ohr.ers U~:e iiiSu:2l>:e
r., :JI':~~e;1y ,:' .()ca~'2;'d ;n
:;1" :=t:l..:-~j d((J
.3EL:-E~ LJ;iS L: fur'l:sr a :':P'i :~f ;:l!.; ~:,:i'Cj /.i'r,,:~ =~e Jbc'ie tW;J ;Jt(c~ !3EL~ER Si"13d g:'ie BU'r ~;~ .] ::'2{:jYJt '=,\~Sl!~g >: :h2 .}(rCur~! '~: '32:SC,:~C' '; ',~l.' 'JT
~~J:d tt!e .:;\rdtrce, 8U'(ER 5fl2JI h;:r've 30 .jays after th2 i::ffectpy'e Date i"=xarr:inat:cr P>?(cd ~-'')r ,~,r.3i~;;-:')fJ,1 of ~:f:e 'jf"'\(j=~:~t~rr"'_~r3~i'~.r: ,) [~'j3!
3C':'::5S. BLYER's CC:iQJt:on ro purchase ,S cGr':ditioned en the P-operty r:3vingesa! access to and 'rem a pL.CIIC rIGht sf Alj oeTkent fJr
,ss,jential Jse. If ti~!es fX.r,d:E:f8ct1;e or :::;931 access is L;und [0 be '::Jcking BUYER shad "'ithin the c:ul'1inaticn PUicd,-'otrfy3::LLER
spedyrng [he title Ijefect(s) orlack of legal access and furnish copies of the title eVidence and instruments svdencing such [:tle :jcfecIis) or 12Ck cf
eg31 JCCSSS. it ':1et!e!efec!(s) ~EnCe'iS\ ttle '~"n'3:Yet3bie J,- if SELLER cannot .jeli\er ~c~session"Jr if :h2res no te'Jai J,xess, SELLER sr3d
ha'.e 30 days after n::ceipt ot notice :r'JI1l BUt =F~ \theC:ear3nce Period ') to dear ,)r remove such iltle ce:e.cts) jei:\':::r possession, cr pro\J!de
'eg31 access at SELLER's 8J pense, SELLER ',"Iii use diligent effort to correct the t:tie defect(s) deli'.er pc::;session or prOVide le~'J31 3ccess 'hltr:rn
:~,2::r'.:ar31~1e Pf?nodnclL.ji~g :h<? brirC;ill'jJf !1ecess:=-rj SUits. ':;ElLER shall no! be ':ae!e to BIJYE,.::( f,cr ,tJn1Jij8S If SEU..ER can,:'c! "en,jer title
''l3.rketab'e, de!i\er p':;ssession Jr provide :egal}ccess, if SELLER does not clear or remove tr-,e title '~I:;fe(t:s) delivel pos:;ess;cn or ,Jrcvice !egal
access N:thin the Clearance Perad, BUYER maY2iect to 3CC8pt such title, possession, or 3ccess 3S SELLER can ;Jrovide '//itrout i';<Juc:ion of the
pu(chase pl'ce. or to 'e:mi!13te >'11$ Cc,'tlact
STANDARD C . INSTRUCTIONS FOR TITLE; ASSIGNMENT; TAX DEFERRED EXCHANGE. r ,ot '3:''::1 than 1:: ddY.:; pr:oi to J.e C:csir,g JJte.
BUr E:R sr 3iljei;i(:r ~(i SEU::R.lhe
~1'~j~;"t:SS, iTl3ril~r ;n},/hicn tir!~j \~.iii! be !:3ken. Jnd 1 ':'C~='y' 0t
:/'o'Ci.'bJ 1::] '3U/ER, r,o
,;.1ss.gnfT12nt '3hjll ~':,?!2ase au r'ER ['r"orn J'e~bl<;at;c'r:s ,)f:his C:.:.ntract unless 2.ELLEP ':cr~3.en~s ;(i,.',;- 7 ':q ~c >~:t; ~'':-:'';,J:e rf'::i;h:~!
',) ~r'?Jt thi~ t;'"';n~:-.: c~;.,;;: '1S 3 lax -defer;<':~~ i:,. ;~r~ar;~;,: !Jr~\jE'! ,Q C :?,:'ction '1031. rr8 ,~rh2r ~Y~:i;Y .s;'-'.jJl i~cc,'>~r 1t;;. ,(:
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is ,.>:t ;^E:.:')3se.j ~'{;rY"~'jbi!~tJ :..;~-.;j';-r :~::~ C.=ir;~:3ct
sr ANDARD D. D!SCLOSUHES; It~SPECT!ONS A.\ID REMED!ES; ELECTION AND RESPC:iSE; /1/I,U\- f:1ROUGH :'iSFECr:CN; ;:;;:SK OF
LOSS.
1. DiSCU:;>'SUPF.S:
). GEi-JEH.AL: ,:ELL:::;J r:t,,~ <lS :Jt iiC ~'i(isJr:crJj:~:;~r;:) o:3L:-riJllj
:r:~ 'I!'J;!..i-~ I~r '."',~ -,.H
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R.~DCN GA"3: :=" ,:.1 :3:/ r~,;_;-C:d:,sC:C::,2 ?= _J" " - 3i
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::\u::s CC,'HRA,CT (;~'.:S'C;-::~jn.\L ',!?'iG'JED PROPERTY) ;'j13C~ 11-1-
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16G3
f, MOLD: in F!orida maid is commonly found both Indoors and outdoors, intenor infestation by certain mold may cause property damage
and rea!th pr,:blems for some persons.
g, !NSURANCE: SU'! ~R, is ::d,!sed to 3p::iy fer casualty !r's"rance andcb:ain a:iaims ::storj re~o~ on tr,e Propd1y to 3~c:;r:3;- ire
availab:l;ty and cost of said irsurance In the Procertyv\hich illay be affected by pastnsurance cialms on the Pmperty oast inSLirance claims
fi'ed by BUYER andior by GUY E~ s credit status, BUYER m3Y terminate thiS Contract '.vithin 10 days after the Effective Cate if Dast insurance
.:,,,ifT',s on the DropertjnCre3Se the cost or restrict ,he avai!ability of casualty ,nSL:rance coverage for the Property.
h. FIRE SPRINKLERlSAFETY SYSTEM RETROFIT: If the Property is located in a condominium or cooperative building ,-equiring retrofit
for fce sprnk:0rs or ot~er iife safety systems as sr.CNn on the list crea:ed by me :ocai C:istrict f:re marshal, BUYER nlay !errrwate trlls Co::tract
.., .~ 'he statutery reSC:SSlen period set fOlth in Standard I.
i. PERMITS AND VIOLATIONS: SEL.LERkes net ~i1CW of al'Y improvements to th8 P;/Jpeltj i.r,ich.!.ere '-fade '/iitrcut VCp8i"
or c811:ficate(s) of occupncy,substantial completion (where-equlred), of any existing vlo!ations of Iccal ordinances or cedes, or of any pending
cQ,je t:11forc2ment proceedings affecting the Property.
j. PROPERTY TAX DISCLOSURE: F!orida !aw required disclosure: BUYER should not reiy on the SELLER's current property :3:(eS as
the amount cf prcpeGY taxes that BUYER may be obligated to pay in the year subsequent to purchase. A change of ownership \)( property
:rrprC'/ements triGgers reassessments of the property that oould result In higher property taxes If you have any questions conceming valuation.
::ntact n",e eOI"nty property appraiser's orrice tor information.
k. ZONING: SEL.ER has not commenced 3ny proceedings to change the current zoning classification of the Property nor Nill SELLER
initiate ar~y such proceedings SELLER h3S not recel'led notice from any third party(ies) of any proceedings which would affect the clirr2n~ zoning
classification of the Property, Should SELLER receive any such notice, SEL.LER will prorr:ptly i:otify BUYER of same, and if the ptoposed :::cl~ing
liould prevent the current use of the Procerty BUYER may terrr,inate this Contract not later than 5 days "liter receipt of said notice.
2. l~iSPECTIONS:
a. INSPECTION PERiOD; INSPECTION ITEMS: BUYER shall have 15 days afterthe Eifecti',e [:ate ([re i!1sr-ecc:on Peri'j<f) [0 have ire
Property 3ndrnpro~el~ents t~ereon ,nspeoted at BUYER s e/pense as follo'Ns: (1) 311 major appliances and equlpment'oprrkter ',',eil septiC
neatir:g. c:01in9, '~:ectncal, plumbing and sfocunty systems; major iT1echan;cal con:ponents: roof (in,::uding faSCia and sofhs; s[nJ.ctv31
'Nalls; foundation 3wimming pool, spa and pool/spa deck(s) s.:::a',\'all: dock(s): boat lifts/davits and i8iated 'ol8ctncal and mechanic:;1 ccrnpon;:;nts,
if J'l/ ico'!6cti'i8Iy "Systems and Equipment'), by ail appropriately Flonda licensed inspection company '.:;r iicen::;ed contl-acter 3nd,',:r (,Jdon
jdS by a FIJr,ja certT' ~d radon n~easureme'ltt~chn,ci3n or ~;:e::a:;st. :::nc;/cr3)ead-iJ2sed 3:-:::] )y Jll EP,t,-c~rti;;~d ;';}lj .,;ic,:Sure
:358'33')1' 3rd'er A) terr:l:!es or oth::r "iocd-~'::stl:jJ,jng':;(j3n;SI1~s, by a \;.::r~if:ed ~est ,:on:r,:1 ,j,CeC3~x a:'cF:;r .j:r sa:ToL,',,], '3,.,-'"308
sam piing -3nd/or '~;Jst ::anlpiing ,:~,'i~r: n Ir:e :-;,: ::2:1CSi2:d t,y 3 qualiried irdCOf'jir JT..iatitj inspectl:;r ice T;8 j: ~c;'3\:.(:c~ cf tC):(c 3(1,; :c
:fi<ch ""1 ~hai! be ~c~.ir:'/,:;sj'je3nd :,h.?I! ret '?rtJil .=:,ny r~-:jrfr/3't>Jn ,:r rerl-J\<3! of str'j':\f:~1 iT1at,3ria! Ijr~~-33s-~;:~r;J' '2d :r: 3d\J~r'=e (:j
~,~L.LER t(\=-U2Ct;,'~'iy re "ll-:s~ect:on Items ).
(:-?3Scrat!e ~ct:ce; SELLC:R SI~3!l ~rc"/i(:!e 3CC8-SS 3nd GtUit:fS 3;~('i:ce ~;J tr-:2 PrJr.';:::t~j' to
fj:~il;!8te tr:;~ ,nspec'lons,
b. DEFECTIVE INSPECTION ITEMS; 8UlER'S ELECTION AND SELLER'S ,~ESPONSE: EXQ;2pt as t'J any 'Jcts or corHJiticns ij;sc1csed
tc ::U'(:R F;~ thi~ fr.:,~~!~r ~r:;8t ;':.r:h in :3t,jndard J 1,3. if any irsp'~ctic:~j CO!l;:L:cted dUI~n9 ~'le ir:SP"2cticn ?S:':f,:~j r'~\'Ga!s: i tr,at 3ny 2j..;t2fTS 'J;"']
='~'_';~;-:"'':::~.it <.1:-(~ rCit '/,;:.~:"k:r:g C-::f}jit!cn,3rl]/,]r ci",e pt:;serce uf ~'~ljiJn Gas at';j :e"iel (=XC:=-~3S of c?,-l ~c~,c;.. -:'::~;Ij, :Jr; .~~ r~:?~<3r,:-=:f
ra::-:3~-,jS r-r:;qliir:ng ~lti:3",=n'>::nt ~nrjer HUD;'EP'; P(ctccc:s, .'3nc/iJr,:-+; the 8:1~s:er:c.2 iJfjc~~';e :i~;fest-3Lcr: ~,y t2ri::i~2s:r
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3:..j\)( 'I;~ '~'>:j:jr; 3gi:' ':JU2,~,j ~:y?ct ,'2 c: ~':Jst ::;7i~st:f'Jn: :jrd/cr ';:' ~riS ;: .':,:=2n,'~2 i::f "~,{:C iJr
.='~:~ect
;f;ly ~~2
;'/2 !:-,SC2ct:or '~ems
2:,j\EF\ SnJll ">:r '3~sr r:~30 5 j2j'S ':3:ts:>?,<pir~tior: I:,f =r:?
Q'::-Cij:
"'y";,'",,::-4 .~
. '", : ,~.,....,;)
:;.I~'Y C>2fcc:i'/8 :;ls~ecLcn :t::?r0S, ar~d {'b) furrJsh to SELi...E~ 3 '='JPY cf tri8 ;(:s~13ction ;-e~ijrt(s) dC;CLiri~::PtL;~; ~!~e :=2fs-ctiie :rlDpecton ~::n:~ ,Jr,:.j
:.);:L~_:::P cf Ei__;' EP's ;:?!2C!_!cn e!t~,2r ~C. ";::'~ei'fS a .:~';dit r~'Jrl1 SELL=:R_Jt
".,~,:L
rj::,""'_>~a; -~,:t;:Jr- ~~:t::Ci=S:3ar! ~c C'":'"!Q ~i~:j =ef~::~:.:i"ie
~,~j'r:', ~~t
.,'/~tl ..-,2 '-'2:,;"/:c:r S~,,3[,j~'-ds 32t ,,:.:~~'" 2('':: i~
C\~"~J:i~~-:-!~:1.l.~'=(c;n
'3':_~i'(=R ,::;Ie-,=~s ~c '.-:-C::,,;'C; .3:!-'':lj:: :::0 ,~rr:CUrlt cf J:e ,.~~:;ji: sr~il t~ i::q:J.\f3:C~I~ i,-':' ~r..:: :.:<'~;'7'\3'E:(j :)2s~s=f ./ ~~:r...:,j:3!
;):1 :j:~:j~ ,:;~~';;H ~>?~>;'~~,(T;l;r,-,~lj ;lct i3~9r th.Jn :(:~::3t":~r of ~:ELLC:?'s Re<3pG:-,se C~~;3~-ji;J~e, 'J( 1:j IjJjS
:0 ~r~ i=l,~sf'~j [;dte
, ;-:'~ ~e
.::- ~:) ',:+,= :::'?('"";-::lji::q'':cti'-Jfl at ,3ELLERs f:;x1c,snse. jf 3lJ"(ER -~;ects SELL~R -~;,a!! i~iJt ce ":;q:..:~sd :c ::'\'3 :.1;~J' R.srr,_:-(::aJ ,:.(,;:8,'.;, f3Lj'::=R
T ai. es !-c 2!".:t on 8U':'E:R sha!I te ,jeen:e,j to ~a'ie elected to ,-2C81'/e a credit at c!osir;g,
SALES i:CNTq.\CT \~E.sIOENT!Al...MPROVED PROPERTY) tNABOR 11-11-'2i:}S) pJJe 5 I)T 9
16G3
~Jot later than 10 days after receipt of the written notice and inspection report(s) from BUY ER r SELLER's Response Deadline'), SELLER
shall notify BUYER whether SELLER agrees to BUYERs request. If SELLER refuses BUYERs request by the SELLER's Response Dead!ine,
t1cen BUYER may terminate this Contract not later than 5 days after SELLER's Response Deadline. If BUYER ,jces not elect to terminate this
C0niract. 3U',ER is JI:oelT,ed to ha'i2 accepted the Property in :rie ccncition it existed on the Effecti;e D2:2, '2xce~: mat 3v YEP re:a'iS t~,e
'N3!k-through irspecticn nghts set forth in Stan.::Jard O,2.c.(2)(3). and (4) below, If SELLER fails to respond by tile SELLERs Respo;,se CeaC:i::e
SEL...ER shall be Je8r1ed to have refused BUYER's :equest, and BUYER may temlinate this Contract as set forch abc'je.
l: any Remedial ,uction requested by BUYER requires the approval of any community aSSOciation ]o,err,ir:g the Pr-cperty and SELLER
fails to furnish BUYER 'Nith written documentation of said aSSOCiation's approval not later than 5 days prior to the ClOSing Date, BUYER may
term!nate this Contract.
if BUYi:R dces not have the inspection ',terns Inspected, or fails to do so ':,Ithln tr.e Ins~ectlon P2riod, or falls to timely repoi any
Defective Inspection items to SELLER. BUYER shall be deemed to have accepted the Property in the condition it existed on th,e Effeotive Date
except trat BJY ER re:ai:1S the rrghts set forth In Standard 0.2,,:;,,,2), ~3), ana ,,4) be ow,
Remedial Action s"all be ,jeemed to have been properly performed "Nhen (1) the Systems and Equipment are p!aced :n 'Norking
Condition (2) radon gas within the reSidence on the Property is reduced to below EPA aotion :evels, (3) lead-based paint and paint hazards en
the Praperty are removed or contained in accordance ''''Ith HUD/EPA guidelines, (4) any active infestation of termites or other 'Nood-destroying
organisms is exterminated or treated, and all visible damage caused by active or past infestation 's repaired or replaced: and (5) no tOX,C or
pathogenic Illoids are present Within the dwelling(s), SELLER shall make a diligent effort to perform and complete all Remedial.Adon prior to the
Closing Date, failing \tJhich a sum equivalent to 200% of the estimated costs of completing the Remedial Action shaH oe paid by SELLER into
eSU'JW at closing pending ccmpletion.
Sjstems and Equipment shall be deemed to be in Working Condition jf operating In the manner deSigned to operate, The roof, cetling,
interior and exterior walls. foundation, swimming pool spa and pool/spa deck(s) shall be in Working Condition if stl'\.;otufally sound and Natertight.
Seawalls and docks shall be in Working Condition if stnJCtur3t1y sound, SELLER shall not be obiigated to take Remed!al.Acticn or ~Y3nt a ..:;redit in
lieu of Remedial ,A,ction with regard to any Cosmetic Condition, which is defined 3S an aesthetic :mper+ection ',',hich dCi~S not 3tf~ct lr.e ',Vorking
Condition of Ule item. .nc!uding corroSion; tears; '.vorn spots; discoloration of floor co'/enng or Nallpaper or windov,' treatments miSSing or torn
screens; ,'ail holes; scatcr,es; dents; chips, caulking; pitted pool surfaces; minor cracks in windm~s, d~'ie'N3/S sidei;aiks pO<Jl/spa decks and
garaGe, t:ie. lanai and patio floors; and cracked roof liies, CUrling or',vorn shingles and iimi:ed roof life, so ienG JS U""s-re is no evidl;!lCe of sln..ctui"al
jarna~eJr !eakage,
'io;~s[ to -ep3ir or r(2~13cE:3ny Systems af)\i EQuipll'2nt item shall exc.-.=:ed the rair ['Iarkst nil_e ,J! :hat i>;m :f it Ne,e in 'NiJr~.in';
Condition
c. WALK-THROUGH INSPECTION: BUyER (or a designated representative) may conduct 3t,alk-through inspection 01 the Prcperty prior
to ,:lcsing or ~o:;s;2ssicn, Nr:cr.ever is earlier, to confirm: (1) completion of any Remedial rlction agreed to by SELLER in Stard3rd D,2,b. atove,
t~'3t :he persona! pr,cperty items 'i,hieh are taing COr'liSjed as part cf this Contract ,-eniain I)n ~r,e Prc~erti 3) 'hat 'h3 iC8rso,-::I:iC~ctj >;ms
,.)r-'!ch -3:.e :Ict i)eing CCiy/eyed 35 part of ~h;s Ccntract r a'ji~ c:8',3n removed flom ~hj ~:Jr/)perty atllj (,4: that ':=!_.._;::R ras f"::2;j-:t.jjr,fd ~t;2 r:(,~~utf
,jS -'~\luii,~!j ~ri St3noarj O.2.c. ~~e;o''N. t~~();'l r:?3~c(labl:;: :3E~LER. ~hall piO'Jjd::;~cceS.3 ,J;~~d :j:t(~.s '?f~/:I~>j~O t~,~ Pr~0Ert~, :..J f;3j:;::~3t~~ :,;'''ie
,-\i3jk-~hrOiJi~;-1 :rspe,.:t;on.
d. .',lAJNTENANCE OF PROPERTY; RiSK OF LOSS: 3E:":"'cR 3ilall m8lrtL3if' ::-8 Pieper"!'! ;,ir,c!l"kg:,'rout :,,-,-.i3~U-i:-:2 ';"./, s;ird:;::;~/
3rpj "Jnd-3C8pirig:' ;f1 Lhe .:C[iljition e^~stirg \)n ~he Eiiel:ti\iE Date until the :=:Iosing Cate or !::::itG of ~C::5Gssion, .A-:>.:.r:.3'f-::r is e3i~lE:(:'~:(':'~P~ fer
J(jj;arj ,';ear ar,d tear and any I~emedial i~ction agi,~ed to by SELLER under Standard 0.20 abc,e,1j,~y fUtJi8 :CSS ':Ji,d/,:r d31T3~je ;0 :he
?ro~(~.rty ::et//2en th'2 ~ffectf\e Date of this Ccntr.3ct 2pd the Clcsing Date or \jate of possessionl .~'fl~che\~E::r:s S,jjtar 3r:ail ;>= at SEL.~ER' s~,,:';e
~~k 31-d '?x!;(;nse. SELLER shall maintain :J!li/isting .:asualfj insural",ce ,)n all imp'C'I8'llerits on th? Prc;?r'j 'JI't,! -r.;td~,;rifi':t,
STANDARD E - SELLER'S INSTRUMENTS AND EXPENSES. SELLER shall pay For 31:d pr,y/"je .iren?PP!IC.it,8 :'::j,~i.':.J 3-/ S3!CS '.3/ .j~e
:,re('~~Jn. {-:, [he t:t!e 8';,..j8r/~e or .::::redit s;Jeclf:ed ;n :3tar.dard 3: ,.2) if ~he Pl~o~erty is lcc3tcj ;n l_:~e cr C:-:JnGttc CcUC,ty,i"'ij ~cr t~8 Cil:-e;3
~!:eiiSljr3t'Ce po:icy :;sL.ed ;)y the c:osing agert;eected by 8UYER. and the c~a,ges for title se21:h UI,,? '?!.3.J1ir.ak'Il::'1Ij,:,;s '::;ntti-l.?(ion
J~:.:; l];JtO ,)f Jef;d :-;jccrd;r;g: (3) 0i-r'::par-3L:.:n ,.~f ~~3tLtG(Y "tV3(i'"int)' ,jG,~d (or ,~p(,';Cj3j s3:r;jLty jsed if' SE!_LCR ,S j ;~~~c;.:1, :::-:U ;jf .:3:i:: j.,ith
,,,'3iT3r~:es cf 'J/ir;t3:sr~p .:J~d F;-',?e(~Gm ::~0rr 'anc~r."'~t;3rc8s. ci)i~;dc,mirium,"h0fTlecvlr;er 33SCcl2.t;on en'::h~t ,;Si,CC
=(::~:es 2!~d t:S) cte3se(3}. and an ,]ff:;:ch:it ,.~e'.;8:~,ji,:g :;t3liSI possessicnl Jrj ',vi~rlhGldli'1g l.i->:::i '::iF~jJTA'1 3 f,YTTi;',/~!G.e:;t .:::3:::':','i
" ,:C'12 ".'}jG by t:'~e ;C:Si~I"2r,ce: i':~) ;'~crt;age qaj':]TI \?::-:el~ fi"Crr ex~sting !el~:der':,s): 1'5'/ ,jccL.rr.~n~ari st3r-i~'s ;.~:~ J.~::.,j' \.6: -':.3i ,:;::~.,~ti:; ;~:-:~ 3(3
:,:T ~srl:;~J,,~r; ,";0 :9 d:SC1.Jf:)l;d by ':lc:3:;!g 3G8::t at ,:>C S:00: utll:ty s(~r"j(:ijS tiJ ~r,e C!I:::.s~ng D3~t;: \ e:,~:,2 \.ii 3l'"1 J~n~ ;jf:cl'':: ::~~:nil..;,: ("":""',I:;C ,'.T.2r
,~.:s,:,,:i?.tor .3S'J2SS1T;,~r~s ]rFJjC",i;-iT::~;0:~[ai!yr:~!pc~ed [i<;rs .::r S;:GC~3! 3SS{~SSl:,8~ltS ;ri3n ',.:DC"tl'3Ti-..; ,;:::~>2'3S,7c:n~s \,~:~ch sre
J!~(t~ssed:-;~a('3';r3ph S),/iricil Jfe 3 lien cr a :3pec:3l ~SSt:ssrnent tr~at ;'s certainJs [0 th2 :centity ,)7 Ir:(-~ \::f':crcr JSS8SSCr. tr;e ~:~':r:erty Sj:/~ct
-c :ht;:'2n cr SC&Ci31 assessrrent, and tr:e amount)f [r,C I.en or special 3ss:;ssment. on Jr estore the Effecti',e Cate; ! 9) -SELLE:::'; ':,ttCiT.81 ~2es
ji1C jCSi;lg -:;'2S, (10" jf SELLEr:\ is SLCy;\:t to ,,',,jtr:riG!I,ji~lg L;~:der FiRPTA; reasGllabie ,-:harges assoc:3ted ',\'dh ':;<3,:r'J;,'ii~:'j ~3!>J-,Cr
,elT!:in'J ;u,,':s, ~:lrld,or preparing ~r2,'iithhcic::ng certif:c3te application Jnd/or tax :"2tU:: related T,ereo.
SALES CONTRACT (RESIDENT!:\L :~'PROVED PROPERTY) (~A80R 11-11.2Q05) P1ue 6 d 9
16G3
STANDARD F . BUYER'S INSTRUMENTS AND EXPENSES. BUYER shall pay for and providel,hen applicable il1ciuding any sales tax due
..::r'eon \ 1) ,-ecertrg fee fer deed :2) ail Gasts of 3ny institutonal :oan secured by BUYER (2) U-,e premium kr :er,jer ft!e :nsur3ixe pciicy ar,d if
'~e r:;rcper"ty 's leGated in Coiier County the prem::..m ior the eNners title insurance pc!icy issued 8Y the::osir,g agent selected by3UYER 2nd t~e
,:r:3rges for Ltie :)t;arr:h, Lt1e exafT1t;'"-:ati'Jil, 3r:d ~;rje continuation ~nrough lhe !Jate of deec reccrtjing: i,'+:; :E:o=:r.j,ng !:"'-3rnCership a~prc;!al:
::; i :3wr- /ey,
C;C~:(:Sl'";!, n;u:n.~lcn~,t:;\:t\r:er 'Js:s,:,,::atiIJil~e:T t:ersj-,!p t:a:;sfer i"ee'
/Y,-_2r 3SSC;C-:J>.:r: :"cs,j1e :.ar:s~sr
:ee,'C3p:taJ contritution: (8) penl:Tgiens or speci3! aSsessm8r:-~s (Lens or specia1 assessme:lts ;J"'~ler r~:Jn these d~s2r:ted f; Stan,jard E,:3~lj,
'f ;~ ;5 ,jeterfi1:ned th.3t there are ~l::raing !i2rs Jr speci3i a3sessn~ents ''/ihich do net fa!! ~jnder .stan,jard ::;.3) ,Jbo\e, 8rich :.8:-e (':ctjiSC:CS8Ij in
M.,ng to 3Ul ER oy SEL:...ER prior to or ,:oncc;rf'2nt.v,th Hie execution of this Contract 2nd wh:cr' eXC2eD 3 sl"m equriJ!ent to 1 ~i: or '1",9 purch3se
pree Bu rER may '?rmirJte :hls Contract. uness SELLER agrees in '.witing to Day the portion of sucn :endmg i:ens or speC:lal3ssessmerts in
2~(C=SS )f 1 j,: of tre purct13se '3:::LLER 3g:;22S ~o ::~ay ,nrc ";scrc\v 3t ;:lc,sing ,J teason3cle ~unl te. ,::""!su:.e tna: ~h,:: .::'J;'Ccss \.'...11: te ,-.
:J;'j \9} 3U\(ERs d7":rf>~jS ~2es.
STANDARD G - PRORATIONS; CREDITS.:-hese 'tems ',VIii te prorated as of tr,e Closing Date, .;,a'! BUY ER chargedi/lth ]n::: elilltled to tr.e
::::os:ng Date ,x tr'? pcssession date, Nh,:he,er is e3rl:er: {1, 3d valorem and non ad ',alop::m :231 a~id ;;8rso[131 property t3....es b3sed en the
c_:rent year (if available) i)therNise on the pnor/ear's bill (without discount). If ccmpleted imprO'ieme1ts eXist en the Property forfihch J
,=er1IDcate of CC:C~p3:-:CY was issued 3S of Jar'c;ary i 5t of the year of closing, which did not exist on nnu]r)' 1 st of the p:ior year 'ales shall be
estimated for proration by applYing the current year :nillage rate to the current year taxable ';Jlue of :ne Property, If the cL.rrent lea: millage rate IS
iDt ~xed, 'he prier j'~ar milla<;e :'3te sh::lIl be applied. if the current jear taxable ',alue 's :-Iot fi:<cd, :1>:; taies sr'3!1 C:E: eswi-,:::t,,?rj fJr proraltcn 81
applying the most current fixed mi!lage rate to 3 sUlri3qui\f3lent to 80% cf the purchase price ,4 tax proratiGn based upon any estimated tax shall
at ,he request of either ~arty, be re-prsrated [,ased ,In t!;e actual tax till amount; (2) inter2st on any 2ssur'1?d indebl8cn'3ss; (3) mnts;
4) condominiumlhcf:iGO'Nner .isscc!at:on ,::,sSt3SSm'3nts 3nd CDDiMSTU oper3t.ng and rr\ilntenJf1>;e 3SSESsrnents: 15) COiJfilY-:,3ste
assessrrents; and appliance ::;er,;,:e ,=ontr20:S assumed by BUYER. BUYER shail fecei,e from :3EL:..ER at ':!c3irg J cr~dlt2q'jivalent to the
3ffiount rif any .~c}CI.ntyjepcslt and prep3!!) ,'.:;11t::; "e1d by SELLER 3nlj any 3ccruc:d :nter?st Teec!' or :'''il''~rsnip cr an
c:;f the '1(i:Cl...nt ,1"\ ,'i~ich ~,hJ~
~:.: J:1!j ~~r2pa:d -,,~;ltSI :::r:d ,jilY ;ccr~Jed ,i~>~r.;;St :i"'E( ~"Cjl~: ::1, .~ ;',;,.."J.
STANDARD H . HOMECWNERS' ASSOC!ATICN DiSCLOSURE. if the PPJpert')' 's k;CJkd:iltnr an,] j>,"I-~,j:/ .1
;-c:;~ e'':''-/iilcl''3
'J~:8 f.:;ic. /.ing pr:)'. ,sit::~~ _:~i'~ ,,::':'ip~J(.Jt;2d:r. to :h;s CC!~;~r3ct:
iF T:iE DiSCLOSURE SuMMARY RE(~U:RED 3Y SECTION 720.401, FLCRiDA STATUTES, HAS .'WT 3EEN PRO'iiDEO TO THE
PROSPECTIVE PURCHASER 3EFCF<1E EXECUT:NG THIS CONTRACT fOR SALE, THIS CCNT,:t\CT 'S VG1DA8LE 3Y BUYER BY
DELIVERING TO SELLER OR SELLER'S AGENT o,~ REPRESENTATIVE 'Ni~ITTEN NOTICE OF THE 8U'(,,:R');'HENT!ON TO CA~CEL
'.rr;-iiN 3 CAYS ,:..FER ~ECE!PT 'JF -~HE .: i).:Lr.)SlJ::;;E 5!~:J,\1.Cl.RY CR .:J,;;'iOR TO ,;Uj:;JG, ::;';':;'~'..:R ',:>>;',,:.3 ,:;.~ST. ,:'.f(
?U;1PC:={Tl:O ;tJ,..Wt:;~ CF ;;"15 'iCiO.:',3iUTY :,GMT ,1.43 ,~C Eft=;::.:T. 31...'yER'3~;GHTTO,'..~;O r:'"i:S;:Yf:1,'.\CT ;>I....~.L ::::':\l:,'.Xr,=
AT Cl03;NG.
3UYER SH0ULD 'WT EXECUTE nus 1>:'1TRACT UNTiL 3UYER HAS RECEI',ED ),,:iD RE,\D T:~E ';'K.l=C;',V~~ERS' ,~S3CCJAT:OI
DISCLOSURE 3L;.',lMARf,' NHICH :s MTAC:-iEO TO ,MW ~MDE A PART OF T:-,,5 CCNTRAGT.
ST,.~NOARD I - CONDCMl~!tJM RESALE DISCLOSURE; VOIDABIUTY RIGHTS. if ,he P~0cs,iy 's :J >:~j:il':.;;.;-, :'8 i:JiC.'i,;-.g
:'''~,,>R3 3re r:tc [,l;S:Cil1i:-,jCI ;;-'/$ ,"'GREE~.lENT IS VOIDABLE 3'( 3UYER 3Y OE:U;Ef')j:'iG:iRlTTE:1 ;iOne.: OF THE
BUY ER' S iNTENTiON ro CArl,: EL NlnLN 3 GAYS, EXGLU0;NG SA fUROAI S, SL;IDAYS .'.}lD LEGAL .1(: U D.:.. (3, MT::f(::,t DATE OF
EXcCUT:ON OF THIS AGREEMENT 8Y r:~E 3UY:R ,"NO ,~ECEIPT 8Y SU'{'::R OF ,\ f:U~RE;H C~PY <JF T;-.H:: Df:CL.1,'<ATICN OF
CC~~DC\!!!(.j!1;\1. .'~RT~":LES JF i,\~(C?PC<~,~T,':~( 3'{l..\'iF3. ,,;~,:'.D ::?UL~:S ()F r:1E .~3"3t}>A,',-~'~~-~:;\~ ~,:o.:.. ...<:P"( ':~: FHE .':C,3T
:~ECE:H '(E":'i~.E,m ,::!N.-\NC!.~L f1F(::',LU:CN\:lO ,:;;'EQLENTL Y ,i,SXEO QUESrC,\3 ,~,,',Dr:'e~s CGC...:i1tNT ,F 3)
eE,)IJESTEO iN NRITi~~G. .~,:ry ?U,\PORTCO !lA.1Vt::R OF THESE VClOA311lTY ,~;GHTSSHALL 8E .:,;= :.0 EFFECT.3VfER,!AY
,:^T~:ID 'tH:= T;:;~E ,:'~R CLI,>~~>JG r:CR A ,~E>~.iC,D OF \J()T :IH)~1E THAN 3 O,4YS; ,:~<CLUO]:'J(J:.~'P",;~C:.,~~,J,3." 3:~~r:;;\-;, 3 ~ "~O LEG.~L
'iJUOA(S,\i:rER i,IE SUfER .;:..=:;:i..;:',5 ~.~c~EGI_~R.ATiON, .~dmCl~S OF ;NGOn.Pc;u\',::i-,j 3'(L:<,t!S, '.:m ,:;I)L.:$ 0F ;-;'l:
:'''"~:SC;CI/~.T:C l,( 1~)tD /~ (:' CPY (~F T:n: \1~}.3T ~J=C;::~T (;::.'1.R~fNO :::~"j,.\NCLi~L ,;'tt::~':;~.\1A TiC;'i ) \iC ': E"::i;E>l TL \ ,.::."c::'J \-1U EST;(:~IS
.~~w ).N3'NERS CCC'J"1ENT IF ;:<EQIJESTEO :~l :.R.r;::~G. 3UYER'S ;1!(3HT TO jOID T;i!SV::;;7EE,'.i ~:jT;r,\LL T:: ~:,l:>jA 'E \T
-:L0S;~iG. 21.)'(:':::)
:: 'S '-;' :-'::~^~:'=(: ]f L-::,.) '::=,:
-:;r::[./ '~-;q'__6:3i_S 3 '.>..rrer:t =':i:J:~
.'~ ~, - "'" '. ..., ,- --'. - "' ",' ", ~ - ,-; ;
,; ::: ,;L-"C :: .:; ..-:' :;; '~:::!... . ;...'_
, :;~ : ... ;-;"'
...-.~....:"- :',"'-5
S,\L;::3:;C~jT?~\C: i:-:::::::CENn>L ,~,\P:10''/ED PROPERTY))V\BOR :1112(05) ?-:;c 7;f'J
16G3
ST MWARD J. CONDOMINIUM/HOMEOWNER ASSOCIATION PROVISIONS; MEMBERSHIP APPROVAL. Any cOr'dominium/homeO'.vner
3sscc:atiof1-'~S8r,e 3ccount(s; is included in the ;Jurchase price, if association membership appro/al is required, BUYeR shaH, riot iater than 10
'?ys Jfter the Effeche Cate, make appicatic:r ;iJf sa'l;e in tne name\s) In which ::tie will be taken. ard:;hall:cmp!y 'Nith all ']o'/eming
reqL.iren',ent::i or [:is aSSCC'3tlcn and be responsible tOi' securrg memcership appi'oval, If no appro'..al rias beer, obtained prof" 1.0 closing, either
3U'/E?, cr SEL~ER iTJY terrr;nate thiS C:.)r::~act. SELLER sr211i cctain 3 :e~tens) .r"Of:l tr8 3SSC(.3i.;Ct:.,S) '/f'h,\:i~ SG~S fj'~ '1;-; the 3(!~;cu';ts, ~er:ccs a~;;d
:: 3Y:::2nt stabs :Jf 3S22ssments a!~j 'ra:~sfer 'ees and'3sais- ,:;aptai c:Jntr,bGtions and~eii;er same tc U'e 3U'vER ,',ot :ater than' 5:!ays pror to
:':8 Cicsr:g 03te, Some ccndorT'I1i,-,ms ex;s! .Jp.::n :1 leaSerCI(j estate cr raVE associated recreational ie3ses NhiCh may laqu;re :!~e payment cf
rfonts faxes, rnalllterarce, replacement and repair. BUY ER taKes title subject to any such lease. il If",e:cndo(:l,r1:um eXists solely upon a
cdser,o!,j estate. SELLER 'Nil: assignts S JbleaSe to BUYER at closing.
STANDARD K - MORTGAGE LENDER POLICIES. it BUYER cDtains Institut.enal :11ortg3ge flranC>ilg :re pCices of ere :e!'crg:~.3tltu:ion snail
pre,.a'l 3S to the pr'cced:Jres for ciosing and Jsbursement of mcrtgage iean procee,js,
STANDARD L - SURVEY; COASTAL CONSTRUCTION CONTROL LINE. BUYER may, at BUYER's e:<pense, rave the PrOperTY sGr/eyed not
iater tran 15 days prior to the C:csing D3te (Sur,;ey Pened") if the sur,ey, as certified by a registen?d Fluida surieyor:orrectiy shC'.~s:
(1) an encroachment onto the Property: i2) that an improvement located on the Property prcjects onto lards of others: (3) an imprcvementJn the
,eJropertY/io!ates 3 ::cning b1j;lding or ether 'jO',2ITmeltal i.;se restriction; (4) anmpro/ement on the Property I elates any ~ecorded cC'Ienant or
res1rictior or any CO',enant of thiS Ccntract; or 5) lack cf :8g31 access (collectively'Objections),8U"(ER :113Y 'lIithln the Sun,;ey Period, notify
SELLER of the Objections ::md Sh311 furnish;) sopy of the sUI'ley T:~e Cbjectior.s S:i31! J:e treated as;) :i'le defe:t(s), if aliy ;:c:1:0n c" the Prcpef"'j
es seaward ,of the Ccastal ConstnJction Contml Line, 3S defined In Section 161.053 Florida Statutes, BUY ER waives the right to receive a survey
or sur/ey 8!fida'lll f~om SELLER delineating :33id l:ne or the ;:Jroperty. if BUYER fails to obtain a sur,ey /i!thin the SurJoy Period, BUYER ..~al"es
any nght to object to any matters which m!qht have been shown on a sur/ey, If BUYER fails to m;)ke any Ob)ectiolisdlthin the Sur;ey Plsriod,
BUYER.'Iaives any Ob:8ctions
STANDARD M - ESCROW; ESCROW AGENT(S). nie escrow agent who 3ccepts In escrow the deposlt(s; pJid~nder :rlls Contract (the Escrcw
:(;em') snail hoi,j the ijeposit(s) in escrcw until the "3 ,,:ti8i' of: (1) jelivery to ancther Escrow Ag8nt ior ;[':sng. iho 'Jj3Cceptil:ce .1gn;es to [,'eS8
terms and becon~es the Escrow ,4.gent (the cSUCiW Agert hOi,jing the deposit(s) is authonzed to so trJrlsfer Ire; fv'ds 31~ds 'c;l.e ;ed cf JII"Jbd;ty
i,)t" ti'J~ fu;;ds deLvered); :.:e~i'/(~(J of rr:e tjced, i,,~~h ~J2.y-mr~nt of ~he (jeposit(s) 35 part of the pl..~rcr.2se jI ih.? ;'.Jre.perry: (3) ":)Lch tiPltj}S
3/)" ER ('r3Y !)3~nt!tI8.j to ,'etum of the ,je~,osit( s; or (4) ,::!eiiverf pJrsuant ~.O!\Iritten ,jlf,::ction o}f ,1'<; ~Olli,~slt ',I,ie", '::-:18 n'e t;:;,:rCN ,"'sent snail
r.:aj Jillf 'he ,ji~posil(S):o tre cartyi;eS) '~m::!,::d ;nei'ete, The ESC(O'N~{]ent shall not be Ildble ioi' th.;: )3YI",?nt 0' :m....~Hest, J.3i!:3']eS JttOiT:';:YS
'ses or ccurt ccsts ,n 3ny action orGught to'scc,8rrhe depcsit(s) neld in ::scrow, or Jny pJrt ther'~of, Jr'eSS :~,e Escrow ,t,,;,~n Sli311 i:::ll or'efuse to
02j c,sr 3r,y such .jepcsitis) pJrSL.:31-;t to J jl.id.:Jm'~I!t, order or d?;cree [ht shall be final beyord pssib:!ty )fo~~eai in3rlj prc;o;;ding ,'.hich
-:'~;?S ti-,,= dispcsiticn cf the 1:c:~cs:t(s). tr:: ;:::':(I)\V ,/~ ,J1sn:3r".3:1 ~~c ,~:~,t:t!:~d to~:e p..:id :SJSG(:::;b:e::tt\:',";-,-;/:3 f,~::E ,:'-,G '=':!,Ji~:'-:.3t:3. ,j;;:ch ;;-'-~;J ~.~2
:',j;,j ::'y t~0 ;'~or~,Cfe\i.J:!;n'] pJliy -:-i""(; Escr-;/;, <~>~(,t ~~<J3 i"'l)
tc ,:c'j!ect or
lO -:,Jt?ct jlll
_ ,- ,= [ :;,~~ '}:'i~ r: :JS a
:'::~1 ~~h:iU
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:'='t 1Jt;:;i~ ~I~an 5
:hat:s net ~;;c8i'.,;rj not :=.::er :han 5 cays ){~er :~s :1ue ij~:.L~,;,- J
":in,
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3CCC:..J~~t. :Jrl:j Jll :n~3cc:st :,:c:~ ..,--:~:~>;:;"~C:l ,.Jr,~i;! te ):31d tc' jlj r=R :n Jnj2"/>snt. if ',:}"(; ='3C~C',"t' .~;,':-nt is 3 ';'~'Gr~s:;j ;-eai '~::t3~c
::c'=~er~e ~ ,UO,,'I ,\;:nt :,r,a!J :Ci":'ply '/;Ith ;~c c0qu:rements cl '~f1apterl75, F:or:da StaUss,
Sr..~JiDARD N . FOREiGN :NVEST~I!ENT !N ;{EAL PROPERTf TAX ACT (FIRPTA) WITHHCLC1;.jG. ' . :;tLt::~ ;"no ,s a U.S. G,tiz:~n or
. ::i;-4;-Jl-t en ,jr-d ',.ir:) fljiT';i:3hes :3U'{ ER. 1~/i..h ,JC; ":1f:\j:JJit
to :33tT'2 ;3 8.<.'3n:pt f:-on'l F:R,PT,,:, _
;:=__=Rs 3
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~ i . ~. :/' ~ ,
'vi Cr>:8C, ~h2 ;=;F.;,::"rc:., :=i~n'1.s .:-:~ ;-,:;( /Jltr
3nd :~,::r;;::~:r:9:r!y SLch :(,<~...\:':C\j -'~> ~;-:l .-':: ~~'::(~
:: ',j;:r :~"=,,~,' ':J
. ;3L c:=< si':lil f->,,"-~;:;Je to :"3EL.lj::.~ "~2nl~t; <A ;e(n;t:al~ce _ ad Cl( ,::LiY
',.Jf it-,e' Fn'?PT.~ - J.3 ,t] '::: ~:3. .:.:~:.:~ ;;a;;~J; ,) ,j,~rer
'~,~I '-'f ;:~
/ ,...-( ~r:; ;:!G\"t
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~:.; ~j; ;:t:~r:-'~/; a:"":d ;-(~;;j~Gd
- ,,-' L~:':; a 1:1-:~':::I~_:h ,)f (r;i~ \='-=:: :,: ':::c:[,
SALES SC~j f;:?.A(; r ,?:::3iOttjTI.\L:~PROjED P:ZCPERTY) ~,'IA80R 11.1
()lJ~ '1~' f 9
STANDARD 0 - QUICK CLOSING; INSURABILITY; CLOSING DATE EXTENSION. if tra ClOSill::; Darejc'O's net 3fic'N oL"'cec (;;'8 'C!'
~erfOrni3:1ces ty SELc..ER ara 3UYER ..lIthir. ~r-,e time ;:a11"es and by the deaali,1es set forth :r; t!"iiS Cc":'act :,.e par::es 3::;:802 t:) '.."~s1ake 2:~C
1663
C'~n;!c!:~t;3 aH ~erfcrr-3r':.::2S, ir:S~2Cr;Qr:S.3,jr\E'jS 2x3T:n3tcns. delivsr; Gf..jccL.mer~,ts ~otices, satis~,jcr:();! .)f
:3!lj ~::k.l::r act:: :~jS
":;'~L.::ed of or alicv/sd to either pal1:y ~rio, [0 ,ne Closing Cate, excect tt',at tne statutory time penod set fcrrh :r Stan:jards H ar;o i shall not te
d:+2csd 0; U'liS ;:Jrc.lSlor: it 2L'iERs ui'abe :0 OCt3ill ;~3zard, ncod, :.mj or homc"Cwr;ers insurance at a reasuaOie rate: due :0 ,jxtr2rne
'.:,eatr:er ,:>::rdit!or,s, 3U'y' ER :;13Y ,:.1e!ay J.e Clc5::19 Date lop to 5 d3YS after SJch cO'Jerage beconles ,3\,aii3bie, ;f S:.1Cl~l CO-t::-i"age ,j(>3S liot beCOire
3\::3.i:ae'e t,J~ ,3 ~e~lcd cf 30 ccnr:nUCijS days. ,"2;:0Er SEL~EI~ or 8U\'"=R t:~ay ~ermin3te rh'-s C.Jntr3c:,
STANDARD P - TIME OF PERFORMANCE AND REMEDIES. T:re ;s of the essence for ,=iCSi~,g tee. 'f SUi::;::': j:es :'ct
6!~;Y=R.'s
:JDi!~3t:C!'S ~iereu!'der (,~xcept 3S E;xcused by SELL:::R's ,jefault) ail jeposts made shall oe:Jaid to SELLER as iGuidatedjalT3ges,yhch
snU be SELLER's exclus:'ie remedy. if SELLER does not perform SELLERs obligations hereundE;reXc8pt as :jXC~::ie<J -::y BUIERs :jdJuit)
3i..; 'r ER In3f enforce th,s Contract by a suit for spec'fic performance, damages. or may termll'8te this Cc"tr3Ct.
ST,'~NDARD Q - LITIGATION; ATTORNEYS FEES AND COSTS. in:cnrectioil wlt~ Jry Ittlgatlon::.;ncc-n::'g 's Cc;~tra':t"e ~ re',ailirg ,:)3:-:Y
shall :e~f1tltled to reeoler 'eascr;atie attorneys lees and:ourt costs 'r'om the non-prevailing par1j
5T ANDARD R - NOTICE AND DISCLOSURES. All notices and disclosures must be in writing. Unless a party .s reqG!red bj' 'aw 7ojeli'ier
notice Dr a disclosure directly to the other party all notices and disclosures required or permitted under this Contr3Ct shall be effective 'Nhen 91'/en
by 3 party or that palty's brcker or attorney to the otr.er party or said other partys broker or attorney
STANDARD S . MISCELLANEOUS. (11 The ~arties have Jgreed to deal 'n good faith and to diligently Nxk to.vard a tin'e!y clos:ng, ,2) The
srngular'::2se or tense sha!ll{~clude the piural ,:ase or ~ense. (3) This Contract may only be mcdified In Nnting by the parties, 4) ,""'Ii references in
~his Contr3Ct to a number of days shall mean calendar ,jays. (5) Except as otherliise expressly proVided by la',v. ,f anj deadl:::e rails on a Saturday
Sunday or federalllj(]al rwliday said dealjline shall be exten,jed to the following business day. (6) As used h::lein, ;;-:8 'ecll1sreal estate brGker"
or bicker" shall include 311 real estate brokers, brokerage corporatJolls or business ,:;ntities, and their n~sp"-'cti'ie sales 3sscc:atEs if1'lGlved in this
ti"3r,saction (7) All tit!82\, idence. condomiriun~ ,jocuments 3nd other documents provi,jed to BUYER ::y cc ,,:;n ber~3lf :of SELLER 3r2 the prcperti
:of SELLER until '::::CSi,lg and shall be iwm'::di3t,:=;ly r~tur'1ed te SELLER if this Contract is terminated, ..3) :! ~Lner SEL,.::R or 8u yER IS pU,lvted :0
~':,rT!i:!at,::, tt:;s Cont':3ct said party shad do so:y giving nc!:c~3Jf s3id termination fO rh~ ~:ther party 'Nr,sr;:;'i.~;:cn :Jf! je~Gs~ts (1:2ds ,:)'j 8L/E;C: .);311
t'j prompt'y "etl;r:~ed to :3U~ E;';( thiS Ccr,tr::.ct 3,-':;.1 6e of no iu:trer fo:-ce and :::r.ect, and the parties ,3h::;:: ~3, 2 roo ,"-,:t:-,,,,:<" li3b:itj ',) :;r-;3,~,Jn':3r
!it'12under EXCept as set forth hereii,. 1,9) "The headings used !n this Contract are for convenience of :::f3";110e only and sn3ii no! be iJseo for
ir:te~p(;2ti:~g ~r:e iT~ar~;ng ,-:f 3flY ~j.()"_';S;iJ;IS ,)f i.h:s GCI~.trJC,t. {1 0) An ~r.:}"isions cf this Ccntlact 'i~;:lch t)ili"~lf r,3t~(€ cr C'Cr-text i2qu,;-e
~erfcn"13n':e or prc'lice r:ghts Jfter the Cl.:slng C3te, :ncludirg ::ithout limitation the iJrC'jisions of Standard t) ,.>3::;,,:',;,(; :'c;,;;ng. ; 1", ,3:gn3:uss
and inii:3is cornm:..or:lc3:ed'Jy ,::;!ectmnic .)r r3csimi!e transm:ssion3hall be binding. (12) ThiS C<:Infract :1':;:; te3jr::dn cou,'tu'jell'1S,31'rj ,-a,c!
:=Lj.,~,3r~2,~:":: )~:.3:; ~c;;:~ct>.elj ':C;13t:::.Jte ~jc..i2 Gii~::.~:- 'J:;I':~er~":0(jt 'J; :]>3 ~J"Tjf~S, ,:3; t_
,'"8;~3cnab~-:: 1(~J):;;3;::Li_::::=', ~-;"-~!i :'=(\,~ 'j::-j':>>:;3:=:' '-: \,'.,2
.')rC~8!"1y :C Jpf,lr3.s,:;r:3 2nd SiJr/'::yo,'!,S) ;c:t3,'i2(j [;; S.U(E~
.sT.'l.NDARD T . ~jEGOTL.\TED TERMS;~Ee;~EScNTA T:C;'"S, Any JJ:,j all ter-ns negotiated c.jl'l,eer :18
;";!:.i3t te ;iIltL(;r: :;:to :i".:s
':crJ(r3Ct. BU';;ER"s :j,;c;:~.cn ~) bUj "//.3S ~~::G.d :",C:C0 '3U'(=:K_'S o,\"n ir 1/2sti~atjon:lf ~:-:e Property. 3U':, E:~ ;~chjs ):8 .-,
aciI,ty or 1.]3'5 ,:auseG OJ ,SELLER's ,ai!:Jre to .js,::ose :"'13te;,31 fJ.Ct.3 :'1 3ccorjance.vilh this Cortixt, :~":;,caty S
::)r;jition or brok2r'ssferral, ;ecGrT1(r:er;dationJr ;'3tentiDr. ,)1 any '.-endor, The parties agree that 2ssista;,c0 tOJ Ja1j 'jj d trc~,~r dc':s Got 3(,d
:,il! net. m:Jf'j :re bro'8r';:'3pcr:slble for perf'Jrnar1ce
SDNDARD U . 31NQiNG CONTRACT; LEGA.L COUN3EL. THE P"'R'~'E:3APE'jlJT ,::;:EQUIREC> ':.J)E,\;'::::";~Ti=J_'~ c.::;P"=F
Cem;>/-CT TE;~:,'S .,,'JO:J'iDITi'CNS ShOlJLO::E ~1EGOT!~TED BASED LPCN THE ~ESPE,::;T:t: ,;I-E,:;ESTS :.2.,C:C';!, ES ;,'D
3,::~C:t:,: J?F~ ,"Jcsr:-;<:t"jS rJF -~;-jE F ~,;~T:~,3~F:;:;,~0"i.'~,L='F T"~13 F(~;R~,1 3Y THE CC~~LIER t~':}v;'r-\'!:>~,;~::,::.)~~:C:!~-I-:Ct'J ,_).[:
: ,33C:{~ .:-- T:;~;:'.~S '~,F ;~i:,:;.~ T:,-::;S :~'C,'cS;\j -j~ =.:\,37:T1_'TE ~;\~ '_-~iC!ri!:::r'j -"'~-JA T ,.1[\(; !=:F .'-HE ~'.=F~Ai:~~
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.~,i-=r-~J(j,.iLcCC~ES ::~~,~- ~'i~!C!~ -~,J 3J~>JL.i'!': T::C CCt'lT!=<.~,;,:- -:-HE (>_,:=L.s,~'~C; ~.x::JENSES >~A;E ':Cc.=ii E..~0Li~ iE:J :::~E,-;L =ST/~':-=
-::'_-:,:\I.:,;,:~T:(=';\J~T~' ,D.>:::'':::''S:\ ~;-J~\2;!_G:~ '.....' .~.~ ,.= '.::::=:\ ?=='E;'/tD .~:\D ;,~E\,':E~/,'ED ,j,I'j=:' T!_~.':""':: 'j,;::;,-\ :~,.:. ': ...,.::E:.J . -",
~~,-~L cST "\T::: 3RC-r: E,~ T:! SEcK L:=;3AL {:;':.)L>~-~:EL,A};J --~'T~_c ;~lS:~F'.:,:\CE T~J FRrJ~ECT T;~,~.T P\KT.',-; ,:'.i-=f~=::T.\ - .. ,=,~- -\
" -:: ~-; == T:--~_t:. S~~..~ -'..} S ..""J:: '=~C.5:r-J~:; 0:= T~~ ,.3 ;,c;~';'i3..i,,=T C~L ::.i..i 'r=R~,;.,C :.;E;_~ER~,PE ,c. :"', ;':E=:' '!-:' ,:,.: ;',3L._-'- ,\ < ,-I~:-~.:F ':;,,~ ~.~
:,-:;==~S':!C:'1/..L:-Ct:_c(2,:":.L, -~.-Gl ?'~()f::-=:~;Y ,:=>=:I;~:'!T' -:>j =:'~"/,~=<'t=:\rilEtr!),L .1(.D OT~~,q ,:,:::'~C..'~,L:Z~= =';,!c::. -~~-;
= >~T-:;"~.,_:-r-
:S-t::_L BE c;:;i~:;'i'.3 -,;;->~~,'~J,~~~i=! },(t..'.~E -e: T~~E :3t:[\cF'T,~,F -:-;-1E :':',~<f:;T)ES r-1ERET<) r:-,:::R. H~:::jS,
; t", ~.': I" ::,'""_T= ,:::'<)
;,:'EPRESEt'-JT.\ Ti"/E:3 '~'i"~D :3UCCESSCI~-:3 .tl ;~jT;=I:::t:ST
SALeS cc~m~."CT i~'=:I':::E,'fn~L .'it::fW'/EO Pf~CPERTY) \.'JABOR 11-1~ -2CC.5) P;,,;.~ )~f '}
't!LER'
~AIV~EHe~ 7? Si-'v15L./ ::l!t-
A!i:;e Ba/tara Collins & Robert 0 Stub'l
/8_::;-z? ;::6a/5 T6-Je ;;1. /!I->US."6JJ,
III
REALTOi?
SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY)
BUYER:
C~C)J: J2r.c:;~~,:, n t'L R '2d '.;',. c : :22.!'Ci.e!~-.:.;g~'0__
ADDRESS:
i 14 N Pleasant Street
,~DORESS:
3301 T311liami Trail East
--_._-~----_..,-"._---_._,-,- -.- -----
Mcntpeiler Oh:o 43543-1' 46
~jap!es FL 34112
_-'::<~.-t.~,i,=CEFT.:',,\JCE 'jF T""iE CF;:E:~, C'R CC;i....:'\~T=RCFFE;=< 2ELL..ER ;'1jS agre.::,j t':) ~:el: Jfl1j 2L,'(E,Q has :~~~,~:::~a:o cuj' L'PO>~ THE r="Jl..~}v~t\C3
-=F<~,1S ,'\;',D ',:>~'iOi'r',=,"iS H'e "jJi property i,ere,~itd :",gJlly jt;slJ,bl"d I Prup..:rty
j:~<r',';asher /;:3sher ;,jry':~l ,:e(:ng t2ns saH-tc-'llal! C Jrpe:::':Cj rVii~dr~N :c'ierrgs and
::~;t;tf:er\.\,lm f!;:"tuf9S, ,nc;uJir~g JI.Jdt-ir~ ,~~;p!iarces, (t:~rgE;r~tC(. stc"_'e.
None
~nd ;_~e ~ersonal pl-c~ei~Y if ar:y 35 ~js~-2d ,In the 3tt3Ch~j dl"ri~rtof)', fr~;e frcn: Lens. The icl:C'Nlr~ :!en-:s dP2
8p:luljed t"rcm ~r;!s i:cotr3ct:
None
P..:rsoflal pr0p,,:rty Items transferrtKJ .'Ii[h U',e (cal prq:€lty:..r8 jeemed without 'Idiue, dt ror the :;:;n'/enier,,:;e uf [he pdtes, dnd ~rdn0tc"Tt:d .)ith~ It
,cnslder:.tioll. <.Jr.!ess otherwise ?gr2(i:l to by !fie part,,,,s
LEGAL DESCRIPTiON IF THE PROPERTY is ;WT A CO~OOMINiUM UNIT(S):
r:0~J!Y'_,P!,_1_za LIJJ
~~aples
F;Cfica
'.cGAL JESC;;IPTo.':;N IF THE FRCPERn is A CONDCMiNIGM UNIT(S):
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2. PERIOD OF OFFER AND EFFECTIVE DATE This offer or any counter-otter is revoked if not accepted and ,'Gtice of acceptance given to orferor
cr cCl.Jnter-0Heror. by 0 AM 0 PM on _ _______ {Insert Date}, This time limit shaH apply to 3il offers and
'='~L:'-!Ler,,=:1c:Sjr'ess=:her'1Jise st3:e;j The Effect!'.e Date of rhis C;~r;tract s;:a!l be Ule :ast date ei:her SE~LER ,.i( 2L\'ER.
Ji ;j~;:j2;S this CcntrJct
fi~i,~~_=D C~.~_;-~(;E'3 ~~~UST 3E D,~.Tt:D. CR T:~E L~\:EST Dp,TE SET F()RTH ON THiS ()J~JTRACT S!'-i!~.LL BE T:-jE ~FFE,::T:"...E r:/~ TE
3. CLOSING DATE; CLOSiNG LOCATION; CLOSiNG AGENT; POSSESSION: Closlrg srall occur cn________8,.onL16. 2QOL _
;:;1 +e '':JJSIi~''~ 3gcnt. /J-r:c ~J;ali be se1ecr2j by BI,-, '1 ER 3L'ifER sr:3Jl te ~he legai ':'/iner cf the Pro~erty as 'J" tn,~
{:,is&f1 Da:e}, ,]r prier ~u that jate by N;'~[ten corsenr Jf tath parties (the "Closing Sater;);11 the COL.lnty where ~~e ?~rJ~f::rty is ;ocated, at an '.~Tflcc ;jesignated
Ji>,j SE;..,_=~. .~r-'3li "i2cate d~.j
g,',e pCSSeS:iiOn of the ?roperty at ~he c:05Ing. SELLER shall :ea'le the dwe:ling(5) on the Property in broorl1..clean cCli~:tion ar,a 'be ,:O'nt:r~ Prcpef1Y :"ee of
jebris
4. METHOD OF PA YMENT[SELECT ONE. IF NO SELECTiON IS MADE, A. SHALL APPL YJ. ~ A. CASH BUY ERNill pay cash Nlth no ~nanclng
cO'iDngercy 0 B. FINANCING CONT!NGENCY BuYERs obligation to purcnase the Property IS conbngent upon BUYER obtaining a loan in.3t least the
amount Sh,JNn In 1 C 3bo'Je to c€ secured by a 'Tlortgage on the Property at (SELECT ONE. IF NO SELECTiON is MADE, (1) SHALL APPLY]:
o (1) an 'nlt:al cr 0 (2) fixed ';:lte of interest not exceeding _ % per year, for an amortized term of not less than ___years [30 y.~ars ,f left
s!3nk],vith 3 cali.')on not sooner tr,an_____ years. BUYER shall apply for the leem at BUYER's expense not !:.lter t'i,in
;jays JH.er U:e EtfIJcti\/e
Cate [10 days If ieft blank], dnd shall iT1ah::- a geed faith effort to obtain said loan. if BUYER fails to give I:otioe to SELLER uTl/aiver cf tris ~narc:ng
contingency on or befere _____H_____._____ {insert Date} [30 days after the Effective Date if :elt ciank], f~ither :SELLER or BUYER
rr',ay terrr..f13te this Cor:rJct at any tune. SELLERs right to terrrlnate shall cease to eXist if BUYER gives netice l~ SELLE? ,1-:,31 Bij,ER r.as N3i'ied this
flnar,:lng C,jnti::;;ercy pnor ti) SELl.ER gi'ling BlJYER i1s1ce ,)f 'ermu'ation. Delivery of documentation evidencing ioan commitment or loan approval
shall not constitute a Naiver of the financing contingency. BUYER acknowledges that once BUYER waives this financing contingency, BUYER's
c~posit monies ilre no ionger refunJable under this ?aragrJph 4.
5, GDDi/oASTU SPECIAL TAX DISTRICTS' tt'i? Drci;;:::rty is !c';c.l'ed . ;Ihin 3 C.jIT:m'.tl,ly !J.;v"lcprr:e:;! !Jls:ri:j S",r,i,;e 'X '3;:;:1.::-f!t
TaXing Unit (r.1STU\ [SELECT ONE. IF NO SELECTION is MADE, A. SHALL APPL YJ: ~A. SELLER,',III pay;n fu:l :3t c!05ing Jny cuts:ardinJ capiial
3:3SeSsment talance, OR 0 B. au': ER .viii, at dcsing, Jssurne any oU::-t3nding capital assessment balance ;f '3. is selected, ,he ,.1(jdendum to Sales
=.Y~J~.~Ct2~lti;"'s.j '3~;,jC al ,;3':~(:ssmt::n~:.i. T :..1),,25 C'~;c!csu;'e' must ::;e ':cnl;::~te.j and signed OJ :3ELLcR ,'j;~d BL'(=,~ ar.d ,~tt;Jcre(j ~o :Jnd ;^~;,~ce J ~3ft 'Jf
.... ~ = ~" ~:-:::t
:;L:3PECT:or.3; :vAIIJER [SELECT ONE. iF NO SELECTION IS ,\MDE, A. SHALL APPLY] 2f'A. ;;';.'3?ECTiG.'fS 2:'V::,~.c,,<..i',-,~;~e
.t :0
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:or;n :3~3r;,:jJ;.,j 0.2.3.. <)!~ 0 a. 'iV;lJiE~: ::,L,;'~:'E,~:iI=.=apt:s thiS
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[:"";,; ':c.ndton:~ i~isclcJc;d in :3:,.;::lj3rd O. '1. or i:~ ,:)ar1g(;3~h 7. BU'/l-:R i;],jY ~:'Jnduct inspec:icns :~f ~he r~f"\~p2riy: ;'"":c,'.8',er 3l?~-E~5 Jb;j~.j::cn to
il-C:~~_}:;t.:' ~:e
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7. A. OT'--'ERi;:R'ilS\NO CONOlT:O'IS: ThiS :;,;nt:act .03 con!IC:~~I~~~pGi'_'::'~~2prC';3ij~t:'e'::'r;>,~, 8card Jt Or2:ts
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'3,\L~S CCNT?:\CT [RESiDENTIAL :MPRC',ED ?~OPERTY) (iL\8CR 11 11.nC5) PIG:::' j 9
16G3
7, A. OTHER TERMS AND CONDITIONS (Continued from Page 2): _______
An;'\rn '"...::..~ ~., ; -. . _ .
---- -~~-~--..... --'....... ;,.L+H+tr 'ij--te-gmSUfflcfency
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________~___n______________________ ---------------- ., tS~3'nt-euu(j yi7\rtorney- ---~""J
B. ADDENDUM: If additional terms are Incorporated into this Contract by separate Addendum, attach same and indicate here 0
V~~~cLleE22--.frl/&., ~.
REAL ESTATE TRANSACTION STANDARDS. SELLER AND BUYER ACKNOWLEDGE THAT THEY HAVE EACH RECEIVED AND REVI!:WED
PAGES 1. 2, AND 3 AND REAL ESTATE TRANSACTION STANDARDS A THROUGH U ON PAGES 4 THROUGH 9 OF THIS CONTRACT, WHICH
ARE INCORPORATED IN AND MADE AN INTEGRAL PART OF THIS CONTRACT AND,s(fLL NOT BE REVISED OR \IIODIFIED EXCEPT iN
PARAGRAPH 7 OF THIS CONTRACT. IlIth d-
~.J~~_ -e~-:k'i ;J;;"'Z-~J}tJ'1____;_ ~'~-~'A' ,~ ';>',21>.-07
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IDENTiFICATiON CF 3ROKERS AND SALES .~SSOC!JUES
_,,;~:-'g 3rc~'2r M_lk_~Hu_g!1~Downlng-Fr{~J~_~~~ty '.r1.c.
_ ::c:lling Broker:
_,~t;-ig ':..:l'::s ,_:;;S :,,~::~.:te i<athi. ,:?E~~~;tn
,SJ:es!:..ss,:C. ':1!e
DEPOSIT RECEIPT
::.",jl
::1 0:.3'['; 0.'1><'0 or 0 cr,eCK recel/ed Oil ___
:,.:;:r:;'L
:J';: ':.::I,;.:j ir::~sc:-c'/~ r jCCCI',,':a:-ce 'Ni:h ~he ~er~;--'1S 'Jnd C:~,-;di~>-:--!s :)f th',; :::ontr;jct
S>~i>~~/8d s.y:
ror cle!:'.'efJ :0'
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SALES CONT9.ACT (RESIDENTIAL '\1PRO'!ED PROPERTY) \1'!;"-8CR 11-11.20~5) Pl:Je 3 d 9
16G3
REAL ESTATE TRANSACTION STANDARDS
STANDARD A . TITLE. Title to the Property shall be good and marketable with legal access, subject only to the following exceptions:
(1) ad valorem and non ad valorem real property taxes for the year of closing and subsequent years; (2) zoning, building code and other use
restrictions imposed by governmental authority; (3) outstanding oil, gas and mineral interests of record, if any; and (4) restrictions, reservations
and easements common to the subdivision, provided that none of the foregoing shall prevent use of the Property for residential purposes.
STANDARD B . TITLE EVIDENCE OR CREDIT; EXAMINATION; DEFECTS; LEGAL ACCESS; CLEARANCE. Not later than 15 days after the
Effective Date, SELLER shall furnish to BUYER a complete copy of SELLER's owners titie insurance policy. If the Property is located in Collier County and
SELLER fails to furnish a copy of the policy within the above time period, SELLER shall give BUYER a credit at closing in the amount of $350.00 in lieu of
said title evidence. BUYER shall have 30 days after the Effective Date ("Examination Period") for examination of title and determination of legal
access. BUYER's obligation to purchase is conditioned on the Property having legal access to and from a public right of way sufficient for
residential use. If title is found defective or legal access is found to be lacking, BUYER shall, within the Examination Period, notify SELLER
specifying the title defect(s) or lack of legal access, and furnish copies of the tide evidence and instruments evidencing such title defect(s) or lack of
legal access. If the title defect(s) render(s) title unmarketable, or if SELLER cannot deliver possession, or ifthere is no legal access, SELLER shall
have 30 days after receipt of notice from BUYER (the "Clearance Period") to clear or remove such title defect(s), deliver possession, or provide
legal access, at SELLER's expense. SELLER will use diligent effort to correct the tide defect(s), deliver posseSSion or provide legal access within
the Clearance Period, including the bringing of necessary suits. SELLER shall not be liable to BUYER for damages if SELLER cannot render title
marketable, deliver possession or provide legal access. If SELLER does not clear or remove the title defect(s), deliver possession or provide legal
access within the Clearance Period, BUYER may elect to accept such title, possession, or access as SELLER can provide, without reduction of the
purchase price, or to terminate this Contract.
STANDARD C . INSTRUCTIONS FOR TITLE; ASSIGNMENT;T AX DEFERRED EXCHANGE. Not later than 15 days prior to the Closing Date,
BUYER shall deliver to SELLER the name(s), address, manner in which title will be taken, and a copy of any assignment executed by BUYER. No
assignment shall release BUYER from the obligations of this Contract unless SELLER consents in writing to such release. If either party intends
to treat this transaction as a tax-deferred exchange under I.R. C. Section 1031, the other party shall cooperate in accomplishing the exchange, and
consents to the assignment of this Contract to a qualified exchange intermediary for that purpose, provided there is no additional cost or delay in
closing and the exchanger is not released from liability under this Contract.
STANDARD D . DISCLOSURES; INSPECTIONS AND REMEDIES; ELECTION AND RESPONSE; WALK. THROUGH INSPECTION; RISK OF
LOSS.
1. DISCLOSURES:
a. GENERAL: SELLER knows of no facts or conditions materially affecting the value of the Property, except those which are readily
observable by BUYER, or which have been disclosed to BUYER by SELLER in writing and furnished to BUYER prior to the Effective Date of this
Contract or in Paragraph 7.
b. WETLANDS; SUITABILITY: Except as disclosed to BUYER in the manner set forth in Standard D.1.a., SELLER does not know of any
portion of the Property that has been determined to be wetiands, or of any other condition or circumstance adversely affecting the Property which
might impair its suitability for residential use or construction,
c. RADON GAS: Florida law required disclosure: 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
health department.
d. ENERGY EFFICIENCY: BUYER acknowledges receipt of the Department of Community Affairs brochure on the Florida Building Energy
Efficiency Rating System.
e. LEAD BASED PAINT/PAINT HAZARDS: If construction of the residence on the Property was commenced prior to 1978, SELLER is
required to complete, and SELLER and BUYER are required to sign and attach to this Contract, the Addendum entitled "Lead-Based Paint and/or
Lead-Based Paint Hazards: Disclosure of Information and Acknowledgement."
SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) (NABOR 11.11.2005) PAGE4 of9
16G3
f. MOLD: In Florida, mold is commonly found both indoors and outdoors. Interior infestation by certain mold may cause property damage
and health problems for some persons.
g. INSURANCE: BUYER is advised to apply for casualty insurance and obtain a claims history report on the Property to ascertain the
availability and cost of said insurance on the Property, which may be affected by past insurance claims on the Property, past insurance claims
filed by BUYER and/or by BUYER's credit status. BUYER may terminate this Contract within 10 days after the Effective Date if past insurance
claims on the Property increase the cost or restrict the availability of casualty insurance coverage for the Property.
h. FIRE SPRINKLER/SAFETY SYSTEM RETROFIT: If the Property is located in a condominium or cooperative building requiring retrofit
for fire sprinklers or other life safety systems as shown on the list created by the local district fire marshal, BUYER may terminate this Contract
within the statutory rescission period set forth in Standard I.
i. PERMITS AND VIOLATIONS: SELLER does not know of any improvements to the Property which were made without proper permit(s)
or certificate(s) of occupancy/substantial completion (where required), of any existing violations of local ordinances or cocIes, or of any pending
code enforcement proceedings affecting the Property.
j. PROPERTY TAX DISCLOSURE: Florida law required disclosure: BUYER should not rely on the SELLER's current property taxes as
the amount of property taxes that BUYER may be obligated to pay in the year subsequent to purchase. A change of ownership or property
improvements triggers reassessments of the property that could result in higher property taxes. If you have any questions conceming valuation,
contact the county property appraiser's office for information.
k. ZONING: SELLER has not commenced any proceedings to change the current zoning classifICation of the Property, nor will SELLER
initiate any such proceedings. SELLER has not received notice from any third party(ies) of any proceedings which 'M>uld affect the current zoning
classification of the Property. Should SELLER receive any such notice, SELLER will promptly notify BUYER of same, and if the proposed zoning
'M>uld prevent the current use of the Property, BUYER may terminate this Contract not later than 5 days after receipt of said notice.
2. INSPECTIONS:
a. INSPECTION PERIOD; INSPECTION ITEMS: BUYER shall have 15 days after the Effective Date (the "Inspection Period') to have the
Property and improvements thereon inspected at BUYER's expense as follows: (1) all major appliances and equipment; sprinkler, well, septic,
heating, cooling, electrical, plumbing and security systems; major mechanical components; roof (including fascia and soffits); ceilings; structural
walls; foundation; swimming pool, spa and pool/spa deck(s); seawall; dock(s); boat lifts/davits and related electrical and mechanical components,
if any (collectively "Systems and Equipmenr), by an appropriately Florida licensed inspection company or licensed contractor, and/or (2) radon
gas, by a Florida certified radon measurement technician or specialist, and/or (3) lead-based paint and hazards. by an EPA-certified lead exposure
risk assessor, and/or (4) termites or other v.ood-destroying organisms, by a certified pest control operator, and/or (5) air sampling, surface
sampling and/or dust sampling within the dwelling(s) performed by a qualified indoor air quality inspector for the presence of toxic and pathogenic
molds, which inspection shall be non-invasive and shall not entail any perforation or removal of structural material unless approved in advance by
SELLER (collectively the "Inspection Items"). Upon reasonable notice, SELLER shall provide access and utilities service to the Property to
facilitate the inspections.
b. DEFECTIVE INSPECTION ITEMS; BUYER'S ELECTION AND SELLER'S RESPONSE: Except as to any facts or conditions disclosed
to BUYER in the manner set forth in Standard D.1.a., if any inspection conducted during the Inspection Period reveals: (1) that any Systems and
Equipment are not in Working Condition, and/or (2) the presence of radon gas at a level in excess of EPA action levels, and/or (3) the presence of
lead-based paint or paint hazards requiring abatement under HUD/EPA protocols, and/or (4) the existence of active infestation by termites or
other wood-destroying organisms and/or visible damage caused by active or past infestation; and/or (5) the presence of toxic or pathogenic molds
(collectively the "Defective Inspection Items"), BUYER shall. not later than 5 days after expiration of the Inspection Period: (a) notify SELLER of
any Defective Inspection Items, and (b) furnish to SELLER a copy of the inspection report(s) documenting the Defective Inspection Items, and
(c) notify SELLER of BUYER's election either to: (i) receive a credit from SELLER at closing in lieu of any repairs, replacements, treatment,
mitigation or other remedial action necessary to bring the Defective Inspection Items into compliance with the relevant standards set forth above
(the "Remedial Action"). If BUYER elects to receive a credit, the amount of the credit shall be equivalent to the estimated costs of any Remedial
Action and shall be determined not later than the earlier of SELLER's Response Deadline, or 10 days prior to the Closing Date, or (ii) have
SELLER take Remedial Action at SELLER's expense. If BUYER elects (i), SELLER shall not be required to take any Remedial Action. If BUYER
makes no election, BUYER shall be deemed to have elected to receive a credit at closing.
SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) (NABOR 11.11.2005) Page 5 of9
16G3
Not later than 10 days after receipt of the written notice and inspection report(s) from BUYER ("SELLER's Response Deadline"), SELLER
shall notify BUYER whether SELLER agrees to BUYER's request. If SELLER refuses BUYER's request by the SELLER's Response Deadline,
then BUYER may terminate this Contract not later than 5 days after SELLER's Response Deadline. If BUYER does not elect to terminate this
Contract, BUYER is deemed to have accepted the Property in the condition it existed on the Effective Date, except that BUYER retains the
walk-through inspection rights set forth in Standard D.2.c.(2),(3), and (4) below. If SELLER fails to respond by the SELLER's Response Deadline,
SELLER shall be deemed to have refused BUYER's request, and BUYER may terminate this Contract as set forth above.
If any Remedial Action requested by BUYER requires the approval of any community association governing the Property, and SELLER
fails to furnish BUYER with written documentation of said association's approval not later than 5 days prior to the Closing Date, BUYER may
terminate this Contract.
If BUYER does not have the Inspection Items inspected, or fails to do so within the Inspection Period, or fails to timely report any
Defective Inspection Items to SELLER, BUYER shall be deemed to have accepted the Property in the condition it existed on the Effective Date,
except that BUYER retains the rights set forth in Standard D.2.c.(2), (3), and (4) below.
Remedial Action shall be deemed to have been proper1y performed when (1) the Systems and Equipment are placed in Working
Condition, (2) radon gas within the residence on the Property is reduced to below EPA action levels, (3) lead-based paint and paint hazards on
the Property are removed or contained in accordance with HUDIEPA guidelines, (4) any active infestation of termites or other wood-destroying
organisms is exterminated or treated, and all visible damage caused by active or past infestation is repaired or replaced; and (5) no toxic or
pathogenic molds are present within the dwelling(s). SELLER shall make a diligent effort to perform and complete all Remedial Action prior to the
Closing Date, failing which a sum equivalent to 200% of the estimated costs of completing the Remedial Action shall be paid by SELLER into
escrow at dosing pending completion.
Systems and Equipment shall be deemed to be in Working Condition jf operating in the manner designed to operate. The roof, ceiling,
interior and exterior walls, foundation, swimming pool, spa and pool/spa deck(s) shall be in Working Condition if structurally sound and watertight
Seawalls and docks shall be in Working Condition if structurally sound. SELLER shall not be obligated to take Remedial Action or grant a credit in
lieu of Remedial Action with regard to any Cosmetic Condition, which is defined as an aesthetic imperfection which does not affect the Working
Condition of the item, including corrosion; tears; worn spots; discoloration of floor covering or wallpaper or window treatments; missing or torn
screens; nail holes; scratches; dents; chips; caulking; pitted pool surfaces; minor cracks in windows, driveways, sidewalks, pool/spa decks and
garage, tile, lanai and patio floors; and cracked roof tiles, cur1ing or worn shingles and limited roof life, so long as there is no evidence of structural
damage or leakage.
No cost to repair or replace any Systems and Equipment item shall exceed the fair market value of that item if it were in Working
Condition.
c. WALK. THROUGH INSPECTION: BUYER (or a designated representative) may conduct a walk-through inspection of the Property prior
to dosing or possession, whichever is earlier, to confirm: (1) completion of any Remedial Action agreed to by SELLER in Standard D.2.b. above,
(2) that the personal property items which are being conveyed as part of this Contract remain on the Property, (3) that the personal property items
which are not being conveyed as part of this Contract have been removed from the Property, and (4) that SELLER has maintained the Property
as required in Standard D.2.d. below. Upon reasonable notice, SELLER shall provide access and utilities service to the Property to facilitate the
walk-through inspection.
d. MAINTENANCE OF PROPERTY; RISK OF LOSS: SELLER shall maintain the Property (including Vtflhout limitation the lawn, shrubbery,
and landscaping) in the condition existing on the Effective Date until the Closing Date or date of possession, whichever is earlier, except for
ordinary wear and tear and any Remedial Action agreed to by SELLER under Standard D.2.b. above. Any Mure loss and/or damage to the
Property between the Effective Date of this Contract and the Closing Date or date of possession, whichever is earlier, shall be at SELLER's sole
risk and expense. SELLER shall maintain all existing casualty insurance on all improvements on the Property until disbursement.
STANDARD E . SELLER'S INSTRUMENTS AND EXPENSES. SELLER shall pay for and provide, when applicable, including any sales tax due
thereon: (1) the title evidence or credit specified in Standard B; (2) if the Property is located in Lee or Charlotte County, the premium for the owners
title insurance policy issued by the closing agent selected by BUYER, and the charges for title search, title examination, and title continuation
through the date of deed recording; (3) preparation of statutory wananty deed (or special wananty deed if SELLER is a fiduciary), bill of sale with
wananties of ownership and freedom from encumbrances, condominium/homeowner association estoppelletter(s), tenant estoppelletter(s),
copies and assignment(s) of lease(s), and an affidavit regarding liens, possession, and withholding under FIRPTA, in a form sufficient to allow
"gap" coverage by title insurance; (4) mortgage payoff letter from existing lender(s); (5) documentary stamps on deed; (6) real estate broker's
compensation (to be disbursed by closing agent at closing); (7) utility services to the Closing Date; (8) the full amount of condominium/homeowner
association special assessments and governmentally imposed liens or special assessments (other than CDDIMSTU assessments which are
addressed in Paragraph 5), which are a lien or a special assessment that is certain as to the identity of the lienor or assessor, the property subject
to the lien or special assessment, and the amount of the lien or special assessment on or before the Effective Date; (9) SELLER's attorney fees
and closing fees, (10) if SELLER is subject to withholding under FIRPTA, reasonable charges associated with withholding, escrowing and/or
remitting funds, and/or preparing the withholding certificate application and/or tax return related thereto.
SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) (NABOR 11.11.2005) Page 6 of 9
16G3
STANDARD F - BUYER'S INSTRUMENTS AND EXPENSES. BUYER shall pay for and provide, when applicable, including any sales tax due
thereon: (1) recording fee for deed; (2) all costs of any institutional loan secured by BUYER; (3) the premium for lender tide insurance policy, and if
the property is located in Collier County, the premium for the owners tide insurance policy issued by the closing agent selected by BUYER and the
charges for title search, title examination, and tide continuation through the date of deed recording; (4) recording membership approval;
(5) survey; (6) condominiumlhomeowner association membership transfer fee; (7) condominium/homeowner association resale transfer
fee/capital contribution; (8) pending liens or special assessments (liens or special assessments other than those described in Standard E(8)).
If it is determined that there are pending liens or special assessments which do not fall under Standard E(8) above, which were not disclosed in
writing to BUYER by SELLER prior to or concurrent with the execution of this Contract, and which exceed a sum equivalent to 1 % of the purchase
price, BUYER may terminate this Contract, unless SELLER agrees in writing to pay the portion of such pending liens or special assessments in
excess of 1% of the purchase price. SELLER agrees to pay into escrow at closing a reasonable sum to insure that the excess will be paid;
and (9) BUYER's attorneys fees.
STANDARD G - PRORATIONS; CREDITS. These items will be prorated as of the Closing Date, with BUYER charged with and entided to the
Closing Date, or the possession date, whichever is earlier. (1) cr:J valorem and non ad valorem real and personal property taxes based on the
current year (if available), otherwise on the prior year's bill (without discount). If completed improvements exist on the Property for which a
certificate of occupancy was issued as of January 1 st of the year of closing, which did not exist on January 1 st of the prior year, taxes shall be
estimated for proration by applying the current year millage rate to the current year taxable value of the Property. If the current year millage rate is
not fixed, the prior year millage rate shall be applied. If the current year taxable value is not fixed, the taxes shall be estimated for proration by
applying the most current fixed millage rate to a sum equivalent to 80% of the purchase price. A tax proration based upon any estimated tax shall,
at the request of either party, be re-prorated based on the actual tax bill amount; (2) interest on any assumed indebtedness; (3) rents;
(4) condominium/homeowner association assessments and CDD/MSTU operating and maintenance assessments; (5) county waste
assessments; and (6) appliance service contracts assumed by BUYER. BUYER shall receive from SELLER at closing a credit equivalent to the
amount of any security deposit and prepaid rents held by SELLER, and any accrued interest thereon, or alternatively, ownership or an
assignment of the account in which the deposits and prepaid rents, and any accrued interest thereon, are held.
STANDARD H . HOMEOWNERS' ASSOCIATION DISCLOSURE. If the Property is located within and governed by a mandatory homeowners'
association, the following provisions are incorporated into this Contract:
IF THE DISCLOSURE SUMMARY REQUIRED BY SECTION 720.401, FLORIDA STATUTES, HAS NOT BEEN PROVIDED TO THE
PROSPECTIVE PURCHASER BEFORE EXECUTING THIS CONTRACT FOR SALE, THIS CONTRACT IS VOIDABLE BY BUYER BY
DELIVERING TO SELLER OR SELLER'S AGENT OR REPRESENTATIVE WRITTEN NOTICE OF THE BUYER'S INTENTION TO CANCEL
WITHIN 3 DAYS AFTER RECEIPT OF THE DISCLOSURE SUMMARY OR PRIOR TO CLOSING, WHICHEVER OCCURS FIRST. ANY
PURPORTED WAIVER OF THIS VOIDABILITY RIGHT HAS NO EFFECT. BUYER'S RIGHT TO VOID THIS CONTRACT SHALL TERMINATE
AT CLOSING.
BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE "HOMEOWNERS' ASSOCIATION
DISCLOSURE SUMMARY," WHICH IS ATTACHED TO AND MADE A PART OF THIS CONTRACT.
STANDARD I- CONDOMINIUM RESALE DISCLOSURE; VOIDABILlTY RIGHTS. If the Property is a condominium unit(s), the following
provisions are incorporated into this Contract: THIS AGREEMENT IS VOIDABLE BY BUYER BY DELIVERING WRITTEN NOTICE OF THE
BUYER'S INTENTION TO CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS AND LEGAL HOLIDAYS, AFTER THE DATE OF
EXECUTION OF THIS AGREEMENT BY THE BUYER AND RECEIPT BY BUYER OF A CURRENT COpy OF THE DECLARATION OF
CONDOMINIUM, ARTICLES OF INCORPORATION, BYLAWS, AND RULES OF THE ASSOCIATION, AND A COpy OF THE MOST
RECENT YEAR.END FINANCIAL INFORMATION AND FREQUENTLY ASKED QUESTIONS AND ANSWERS DOCUMENT IF SO
REQUESTED IN WRITING. ANY PURPORTED WAIVER OF THESE VOIDABILlTY RIGHTS SHALL BE OF NO EFFECT. BUYER MAY
EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS AND LEGAL
HOLIDAYS, AFTER THE BUYER RECEIVES THE DECLARATION, ARTICLES OF INCORPORATION, BYLAWS, AND RULES OF THE
ASSOCIATION, AND A COPY OF THE MOST RECENT YEAR-END FINANCIAL INFORMATION AND FREQUENTLY ASKED QUESTIONS
AND ANSWERS DOCUMENT IF REQUESTED IN WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT
CLOSING. BUYER, by its execution of this Contract, hereby requests a current copy of the above referenced condominium documents.
SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) (NABOR 11-11-2005) Page 7 of9
16G3
STANDARD J. CONDOMINIUMlHOMEOWNER ASSOCIATION PROVISIONS; MEMBERSHIP APPROVAL. Any condominium/homeowner
association reserve account(s) is included in the purchase price. If association membership approval is required, BUYER shall, not later than 10
days after the Effective Date, make application for same in the name(s) in which title will be taken, and shall comply with all governing
requirements of the association and be responsible for securing membership approval. If no approval has been obtained prior to closing, either
BUYER or SELLER may terminate this Contract. SELLER shall obtain a letter(s) from the association(s) which sets forth the amounts, periods and
payment status of assessments and transfer fees and resale capital contributions, and deliver same to the BUYER not later than 15 days prior to
the Closing Date. Some condominiums exist upon a leasehold estate or have associated recreational leases which may require the payment of
rents, taxes, maintenance, replacement and repair. BUYER takes tiUe subject to any such lease. If the condorninium exists solely upon a
leasehold estate, SELLER will assign its sublease to BUYER at closing.
STANDARD K - MORTGAGE LENDER POLICIES. If BUYER obtains institutional mortgage financing, the policies of the lending institution shall
prevail as to the procedures for closing and disbursement of mortgage loan proceeds.
STANDARD L. SURVEY; COASTAL CONSTRUCTION CONTROL LINE. BUYER may, at BUYER's expense, have the Property surveyed not
later than 15 days prior to the Closing Date (.Survey Period"). If the survey, as certified by a registered Florida surveyor, correctly shows:
(1) an encroachment onto the Property; (2) that an improvement located on the Property projects onto lands of others; (3) an improvement on the
Property violates a zoning, building or other governmental use restriction; (4) an improvement on the Property violates any recorded covenant or
restriction, or any covenant of this Contract; or (5) lack of legal access (collectively.Objections"), BUYER may, within the Survey Period, notify
SELLER of the Objections and shall furnish a copy of the survey. The Objections shall be treated as a title defect(s). If any portion of the Property
lies seaward of the Coastal Construction Control Line, as defined in Section 161.053 Florida Statutes, BUYER waives the right to receive a survey
or survey affidavit from SELLER delineating said line on the Property. If BUYER fails to obtain a survey within the Survey Period, BUYER waives
any right to object to any matters which might have been shown on a survey. If BUYER fails to make any Objections within the Survey Period,
BUYER waives any Objections.
STANDARD M - ESCROW; ESCROW AGENT(S). The escrow agent who accepts in escrow the deposit(s) paid under this Contract (the "Escrow
Agenr) shall hold the deposit( s) in escrow until the earlier of: (1) delivery to another Escrow Agent for closing, who by acceptance agrees to these
terms and becomes the Escrow Agent (the Escrow Agent holding the deposit(s) is authorized to so transfer the funds and is relieved of all liability
for the funds delivered); (2) delivery of the deed, with payment of the deposit(s) as part of the purchase price of the Property; (3) such time as
BUYER may be entitled to return of the deposit(s); or (4) delivery pursuant to 'Mitten direction of the parties, at which time the Escrow Agent shall
pay all of the deposit(s) to the party(ies) entitled thereto. The Escrow Agent shall not be liable for the payment of any interest, damages, attorneys
fees or court costs in any action brought to recover the deposit(s) held in escrow, or any part thereof, unless the Escrow Agent shall fail or refuse to
pay over any such deposit(s) pursuant to a judgment, order or decree that shall be final beyond possibility of appeal. In any proceeding which
litigates the disposition of the deposit(s), the Escrow Agent shall be entitled to be paid reasonable attorneys fees and court costs, which shall be
paid by the non-prevailing party. The Escrow Agent has no duty to collect or attempt to collect any deposit or check given as a deposit but shall
give the parties written notice of: (a) any deposit that is not received not later than 5 days after its due date, and (b) any deposit check that is not
paid on presentation, not later than 5 days of learning of its dishonor. Upon 'Mitten directive from BUYER, the deposit(s) shall be placed into an
interest bearing account, and all interest accruing thereon shall be paid to BUYER in any event. If the Escrow Agent is a licensed real estate
broker, the Escrow Agent shall comply with the requirements of Chapter 475, Florida Statutes.
STANDARD N. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT (FIRPTA) WITHHOLDING. A SELLER who is a U.S. citizen or
resident alien and who furnishes BUYER with an affidavit attesting to same, is exernpt from FIRPT A withholding. If SELLER is a foreign person or
entity, BUYER shall deduct and withhold from the purchase price, or collect from SELLER if the net proceeds are insuffICient, 10% of the purchase
price (the "FIRPTA Funds"), and remit same to the Internal Revenue Service ( the "IRS") within 10 days after the Closing Date, unless:
(1) the purchase price is not more than $300,000.00 and BUYER executes a certificate establishing that BUYER's acquisition of the Property is
for use as BUYER's residence in accordance with the Internal Revenue Code and all applicable regulations related to that exemption; or
(2) SELLER furnishes to BUYER, not later than the Closing Date, proof of submittal to the IRS of an application for withholding certificate, in which
event the closing agent (or other third party mutually designated by SELLER and BUYER) shall hold the FIRPTA Funds in escrow pending
receipt of the withholding certificate, and shall remit the sum reflected in the withholding certificate to the IRS within 10 days of receipt of the
withholding certificate, and shall promptly refund any remaining balance to SELLER. SELLER shall hold BUYER harmless and indemnify BUYER
for not withholding or collecting the FIRPTA Funds or for withholding and remitting only such reduced amount reflected in the withholding
certificate. BUYER shall provide to SELLER evidence of remittance of all or any portion of the FIRPTA Funds to the IRS. The failure of either
party to comply or to allow compliance with the requirements of FIRPTA and related regulations shall constitute a breach of this Contract.
SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) (NABOR 11.11.2005) Page 8019
16G3
STANDARD 0 - QUICK CLOSING; INSURABILITY; CLOSING DATE EXTENSION. If the Closing Date does not allow sufficient time for
performances by SELLER and BUYER within the time frames and by the deadlines set forth in this Contract, the parties agree to undertake and
complete all performances, inspections, surveys, examinations, delivery of documents, notices, satisfaction of contingencies and all other actions
required of or allowed to either party prior to the Closing Date, except that the statutory time period set forth in Standards H and I shall not be
affected by this provision. If BUYER is unable to obtain hazard, flood, wind or homeowners insurance at a reasonable rate due to extreme
weather conditions, BUYER may delay the Closing Date up to 5 days after such coverage becomes available. If such coverage does not become
available for a period of 30 continuous days, either SELLER or BUYER may terminate this Contract.
STANDARD p. TIME OF PERFORMANCE AND REMEDIES. Time is of the essence for closing title. If BUYER does not perform BUYER's
obligations hereunder (except as excused by SELLER's default) all deposits made shall be paid to SELLER as liquidated damages, which
shall be SELLER's exclusive remedy. If SELLER does not perform SELLER's obligations hereunder (except as excused by BUYER's default),
BUYER may enforce this Contract by a suit for specific performance, damages, or may terminate this Contract.
STANDARD Q - LITIGATION; ATTORNEYS FEES AND COSTS. In connection with any litigation conceming this Contract, the prevailing party
shall be enti~ed to recover reasonable attorneys fees and court costs from the non-prevailing party.
STANDARD R - NOTICE AND DISCLOSURES. All notices and disclosures must be In writing. Unless a party is required by law to deliver
notice or a disclosure direc~y to the other party, all notices and disclosures required or permitted under this Contract shall be effective when given
by a party or that party's broker or attorney to the other party or said other party's broker or attorney.
STANDARD S. MISCELLANEOUS. (1) The parties have agreed to deal in good faith and to diligently 'M)rk toward a timely closing. (2) The
singular case or tense shall indude the plural case or tense. (3) This Contract may only be modified in writing by the parties. (4) All references in
this Contract to a number of days shall mean calendar days. (5) Except as otherwise expressly provided by law, if any deadline falls on a Saturday,
Sunday, or federal legal holiday, said deadline shall be extended to the following business day. (6) As used herein, the terms "real estate broker"
or broker" shall include all real estate brokers, brokerage corporations or business entities, and their respective sales associates involved in this
transaction. (7) All title evidence, condominium documents and other documents provided to BUYER by or on behalf of SELLER are the property
of SELLER until closing and shall be immediately returned to SELLER if this Contract is terminated. (8) If either SELLER or BUYER is permitted to
terminate this Contract, said party shall do so by giving notice of said termination to the other party, whereupon all deposits made by BUYER shall
be promptly returned to BUYER, this Contract shall be of no further force and effect, and the parties shall have no further liability to one another
hereunder except as set forth herein. (9) The headings used in this Contract are for convenience of reference only and shall not be used for
interpreting the meaning of any provisions of this Contract. (10) All provisions of this Contract which by their nature or context require
performance or provide rights after the Closing Date, including without limitation the provisions of Standard Q, shall survive dosing. (11) Signatures
and initials communicated by electronic or facsimile transmission shall be binding. (12) This Contract may be signed iri counterparts, and said
counterparts shall collectively constitute the entire agreement of the parties. (13) Upon reasonable notice, SELLER shall provide access to the
Property to appraiser(s) and surveyor(s) retained by BUYER.
STANDARD T. NEGOTIATED TERMS; REPRESENTATIONS. Any and all terms negotiated between the parties must be written into this
Contract. BUYER's decision to buy was based upon BUYER's own investigation of the Property. BUYER holds the broker(s) harmless from all
liability or loss caused by SELLER's failure to disclose material facts in accordance with this Contract, representations regarding the Property's
condition, or broker's referral, recommendation, or retention of any vendor. The parties agree that assistance to a party by a broker does not, and
will not, make the broker responsible for performance.
STANDARD U. BINDING CONTRACT; LEGAL COUNSEl. THE PARTIES ARE NOT REQUIRED TO USE ANY PARTICULAR FORM OF
CONTRACT. TERMS AND CONDITIONS SHOULD BE NEGOTIATED BASED UPON THE RESPECTIVE INTERESTS, OBJECTIVES AND
BARGAINING POSITIONS OF THE PARTIES. APPROVAL OF THIS FORM BY THE COLLIER COUNTY BAR ASSOCIATION AND
ASSOCIATIONS OF REAL TORS DOES NOT CONSTITUTE AN OPINION THAT ANY OF THE TERMS AND CONDITIONS IN THIS CONTRACT
SHOULD BE ACCEPTED BY A PARTY IN A PARTICULAR TRANSACTION. THIS IS A LEGALLY BINDING CONTRACT FORM. EACH PARTY
ACKNOWLEDGES THAT PRIOR TO SIGNING THE CONTRACT, THE CLOSING EXPENSES HAVE BEEN EXPLAINED, REAL ESTATE
TRANSACTION STANDARDS A THROUGH U HAVE BEEN RECEIVED AND REVIEWED, AND THAT PARTY HAS BEEN ADVISED BY THE
REAL ESTATE BROKER TO SEEK LEGAL COUNSEL AND TITLE INSURANCE TO PROTECT THAT PARTY'S INTEREST IN CONNECTION
WITH THE TITLE STATUS AND CLOSING OF THIS TRANSACTION. BUYER AND SELLER ARE ADVISED TO CONSULT AN APPROPRIATE
PROFESSIONAL FOR LEGAL, TAX, PROPERTY CONDITION, ENVIRONMENTAL, AND OTHER SPECIALIZED ADVICE. THIS CONTRACT
SHALL BE BINDING UPON AND INURE TO THE BENEFIT OF THE PARTIES HERETO, THEIR HEIRS, ADMINISTRATORS, PERSONAL
REPRESENTATIVES, AND SUCCESSORS IN INTEREST.
SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) (NABOR 11.11-2005) Page 9 of9
3.1211
1663
Addendum A
The agreed Purchase Price between Seller and Buyer for 3148 VanBuren is
$90,000.00
The Deposit on this contract as set forth in this contract is $1,000.00
The amount of $89,000.00 shall be due at closing as set forth in paragraph
3.01 of this contract.
Initial Buyea:
Initial Seller ~
,Approved as to h,rm .& legal Sufficiency
-~~_u .LJ}} .p+Ici~' let -IJt~'LLt"6
16G3
Addendum . B
Seller agrees to convey "Certificate of Title" S1ate of Florida for 1he mobile home which
is on this parcel as described in the attar'.bed contract and Exhibit A at the agreed time of
closing as stated in paragraph 3.01 of this contract.
Seller also agree that the mobile home on this parcel is being sold "AS IS" and that it will
be delivered at closing "Broom Clean. "
IniIi8J .Buya:
InitialSdlcr ~
Approved as to form & legal Sufficiency
3~A ~ L ~l}~/Jt) vi .e1Ltj)tl (ie,r
c:idl:mt r.nuntv Attornev :J
16G 4
MEMORANDUM
Date:
February 28, 2007
To:
David L. Jackson
Executive Director/CRA
2408 Lindwood Ave, Suite 7
Unit 11
Naples, Florida 34112
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Agenda Item #16G4:
Amendment to Extend the Grant Agreement between the
CRA and Mr. Peter Canalia due to certain construction and
permitting delays
Attached, for your records, please find the original grant agreement
amendment as referenced above (Agenda Item #16G4) approved by the
Board of County Commissioners on Tuesday, February 27, 2007.
The Minutes & Records Department has retained a copy of the agreement
for the record.
If you should have any questions, please contact me at 774-8406.
Thank you,
Attachments (1)
.1 b', {"it
. LJ
4'Q
-..-
AMENDMENT TO EXTEND GRANT AGREEMENT BETWEEN BAY SHORE GATEWAY
TRIANGLE REDEVELOPMENT AGENCY AND OWNER FOR SITE IMPROVEMENT
GRANT COMPLETION OF CONSTRUCTION
THIS AMENDMENT TO AGREEMENT ENTERED into this 27th day of February 2007 by
and between the Collier County Community Redevelopment Agency (hereinafter referred to as
"CRA") and Mr. Peter Canalia dba Lofts on Bayshore Development Company, Inc. (hereinafter
referred to as "Owner") (collectively, the "Parties").
WIT N E SSE T H:
WHEREAS, Owner has previously applied for and entered into an approved Site Improvement
Grant Agreement for properties located at 3570, 3580 and 3590 Bayshore Drive in the amount of
$8,000.00 dollars; and
WHEREAS, the Owner has requested an extension of the time to complete construction of Site
Improvements under that Agreement due to construction and permitting related delays.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and other
valuable consideration, the Parties agree as follows:
1. Owner agrees to complete the construction of the Site Improvements no later than June 30,
2007, and all other terms of the Parties' Agreement will remain in effect.
IN WITNESS WHEREOF, the Parties have executed this Amendment to Agreement on the
date and year first written above.
:~~
~ g, 0w~LU
Printed/Typed Name
(l)o1~ !3~~
Witness Signature
/... 0 V' ra i i-\ ~ 8 r l.IIJ j ~ IH a. VI
Prin~d Name
ATTEST: '.
DWIGHT E. BROCK, Clerk
COLLIER COUNTY COMMUNITY
REDEVEL ENTAGENC
DO
~[;.~:~<32'" n-A,
JC:l'~ ~,
~ r,..'" .., -, O.;Oil
~ ~;,:~~d (.. ~.L
0J: -
D~
By:
Ih~ on.{Jtu.~-~
Marjorie tudent-Stirling
Assistant County Attorney
Februar)' 27, 2007 Agenda
Item 16G4
J.blJ
..
If
-
EXECUTIVE SUMMARY
Recommendation for the Community Redevelopment Agency to approve an extension of
Site Improvement Grant Agreement 02/2006 between the CRA and Mr. Peter Canalia due
to certain construction and permitting delays
OBJECTIVE: Recommendation for the Community Redevelopment Agency to approve an
extension of Site Improvement Grant Agreement 02/2006 between the CRA and Mr. Peter
Canalia due to certain construction and permitting delays.
CONSIDERATIONS: On February 28, 2006, the Community Redevelopment Agency
approved a Site Improvement Grant for Mr. Peter Canalia dba Lofts on Bayshore Development
Company, Inc., a commercial mixed use project within the Bayshore Gateway Triangle CRA. The
grant's estimated project cost was $104,040 and the approved CRA matching grant amount was
$8,000, or 7.7% of the total estimated cost.
The purpose of these grants is to revitalize the area by providing an incentive to property owners
through a matching grant to encourage the private sector to invest in their property. In FY 2006,
the grants required at least a 50% match from the applicant and were funded by tax increment
funds (TIF). Mr. Peter Canalia, an approved grant applicant, has requested a grant extension until
June 30, 2007. The developer and construction contractors fell behind schedule due to permitting
processes and inspections for City of Naples water connections.
The Bayshore Gateway Triangle Executive Director has been in continuous contact with Mr.
Canalia and visited the project site on numerous occasions. The Executive Director has reviewed
the request and recommmends the CRA Board extends the Site Improvement Agreement from
February 28,2007 to June 30,2007 for Mr. Canalia's project.
FISCAL IMPACT: The Site Improvement Grant may provide up to 50% of the cost of
improvements, up to a maximum grant amount of $8,000. A maximum of $8,000 was approved
on February 28, 2006 for the Site Improvement Grant project and the FY 07 budget provides
funding for previously approved projects - including this grant obligation.
RECOMMENDATION: Recommendation for the Community Redevelopment Agency to
approve an extension of Site Improvement Grant Agreement 02/2006 between the CRA and Mr.
Peter Canalia due to certain construction and permitting delays from February 28, 2007 to June
30, 2007 and authorize the CRA Chairman to execute the attached Amendment to Site
Improvement Grant Agreement letter dated February 28,2006.
Prepared by:
David Jackson, Executive Director
Bayshore/Gateway Triangle Redevelopment Agency
J.6G 4
LAW OFFICES OF
111 E. Chestnut Street - Suite 28-8
Chicago, IL 60611
(312) 560-0362
400 East Lincoln Highway
New Lenox, IL 60451
(815) 485-9300
18525 Torrence Avenue
Lansing, IL 60438
(708) 474-6200
Fax:(708) 474-6260
DIRECT ALL INQUIRIES TO LANSING, IL
PETER B. CANALIA
Toll Free: (877) 474-6200
E-Mail: pbc-laW@sbcglobal.net
Website: www.peterbcanalia.com
February 14, 2007
Mr. David Jackson
Executive Director
Collier County Community Redevelopment Agency
2408 Linwood, Ste. 7, Unit 11
Naples, FL ,34112
Re: Site Improvement Grant
Dear David:
Further to my e-mail of November 20,2006, and our e-mail correspondence of February
13,2007, I am writing to request an extension to complete construction of Site Improvements per
our Agreement dated February 28, 2006.
As oftoday's date, the following items are complete:
1. The ramp on the South side of the building has been removed;
2. The existing stairway on the West side of the building has been removed;
3. The newentryway on.the South side of the building has been completed;
4. The entire building has received a new coat of stucco;
5. The entire building has been painted.
The remaining items are: .
I. A new entryway will be installed on the South side of the building;
2. A new metal railing will be installed on the South side of the building.
I did not want to install the new entryway or railing on the South side until such time as
the materials for the buildout of the second floor residential lofts are delivered. Once this is
J.bG 4_
-
LAW OFFICES OF
PETER B. CANALIA
Mr. David Jackson
Febroary 14, 2007
Page 2
complete, the remaining two items will be completed. Approximately 90010 of the estim~ted
$104,040 construction costs has been paid in full.
Please accept this letter as my request for extension to June 30, 2007. to complete the
final items noted above.
Very truly yours,
Peter B. Canalia
PBC:lb
Ene.
lawoffic:eJbaysborelcorres.
16G 4
GRANT AGREEMENT BETWEEN eRA AND OWNER
FOR SITE IMPROVEMENT FOR BA YSHOREJGATEW AY TRIANGLE
REDEVELOPMENT AREA
THIS AGREEMENT ENTERED this zg~ day of tt:~( M.'-I ,Uti" by and
between the Collier County Community Redevelopment Agency (hereinafter referred to as
"CRA") and The Lofts on Bayshore Development Company, Inc., (hereinafter referred to as
"Owner").
WITNE S SETH:
WHEREAS, in Collier County Ordinance No. 2002-38, the Board of County
Commissioners delegated authority to the CRA to award and administer CRA grants including
contracts with owners for CRA grants; and
WHEREAS. Owner has applied for a site improvement grant in the amount of $8,000.00
dollars; and
WHEREAS, the CRA bas detennined that Owner meets the eligibility requirements and
was approved for a grant award in the amount of $8,000.00 dollars on
~1\e'1 .'l..8 .2006 ("CRA Approval"), which is 7.7% of the costs to construct the
site improvements.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other valuable consideration, the panies agree as Collows:
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 counselor advisor. Owner further acknowledges to
the CRA that Owner understands and agrees to abide by all of the terms and conditions of the
Grant Program. Owner agrees to the terms and conditions of the Grant Program, a copy of which
is attached as Exhibit" A" and incorporated herein.
2. Owner is the record owner of property described as 3570, 3580. 3590 Bayshore
Drive, Naples. FL.
3. Owner bas agreed to make certain improvements to the property pursuant to the
grant application submitted to the CRA dated January 17, 2006 (the "Site Improvements")
Attached hereto as Exhibit A and incorporated herein by reference.
4. Owner agrees to complete the construction of the Site Improvements within one
(I) year of eRA Approval. Owner also agrees to fund at least 500.10 of the costs of the Site
Improvements.
J,66 4
5. CRA has approved a grant to Owner in the amount of 58,000.00 to be
administered pursuant to the terms of this Agreement based on an estimated cost of 5104,040.00.
If the actual costs are less than the estimated costs to construct the Site Improvements, the grant
amount shall be reduced to equal the pcn;ent of the Site Improvement costs approved for funding
by the eRA.
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 eRA.
through its staff. shall confirm that the Site Improvements were constructed pursuant to the terms
of the application approved by the eRA
8. Within forty-five (4S) 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
tenns of the approved application, or if the project is not completed within one (1) year of CRA
approval, or if Owner fails to fimd at least SO-A. of the cost of the Site Improvements, the grant
shall be deemed revoked and Owner shall be entitled to no funding.
9.
of Florida.
This Agreement shall be governed and construed pursuant to the laws of the State
10. This Agreement contains the entire agreement of the parties and their
representatives and agents, and inCOlpOrates 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 eRA.
IN WITNESS WHEREOF. dteparties haw executI!d this Agreenlellt OIl the date and year
first written above..
kif flc Pic Ca6 c.-
PrintedlTypcd Name
(2) ~;-.,~} J.I ~ 1..-..
Wi.... Si~
-"~ J rllCl'.-,.,C
Prin yPed Name
ATIEST:., .
DWIGHT ~ 'BaOCK. CIcrt
..~
~ <'. .'~ IlL
~Kfi:. .1,~ 's
-.. . '.
. .. .... ,.'
~asloform_
lepl sufficiency.
By:
Peter B. Canalia~ President
PrintedfT'ypcd Name
COLUEIl COUNTY COMMUNnY
REDEVELOPMENT AGENCY
By: 1/1_ .' . __.J;~
~Cbairman
!fJ~n..tu:,)l1JJt.tiA.L:'d,/~d';'''3''
71-::.:;.~ f;f,'T Cc( ~'i'~ ~711JV.(;.'Y ·
........l..owny AnOme)'
Ih~JZIli.'({;; I)) :''';;V.x.:n.',-- ~lJ'<tJ4'';':.
16G 4
Development
16l:i 4
GRANT AGREEMENT BETWEEN CRAAND OWNER
FOR SITE IMPROVEMENT FOR BA YSHORE/GA TEW A Y TRIANGLE
REDEVELOPMENT AREA
THIS AGREEMENT ENTERED this Z7~ay of ~~ ' 'ZDD7 by and
between the Collier County Community Redevelopment Agency (hereinafter referred to as
"CRA") and Phillip & Debra Pierce (hereinafter referred to as "Owner").
WIT N E SSE T H:
WHEREAS, in Collier County Ordinance No. 2002-38, the Board of County
Commissioners delegated authority to the CRA to award and administer CRA grants including
contracts with owners for CRA grants; and
WHEREAS, Owner has applied for a site improvement grant in the amount of $7,055
dollars; and
WHEREAS, the CRA has determined that Owner meets the eligibility requirements and
was approved for a grant award in the amount of $7,055 dollars on Fft6","A/l.y '2..;, Zoo 7 ("CRA
Approval"), which is 50% of the costs to construct the site improvements.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other valuable consideration, the parties agree as follows:
1. Owner acknowledges to the CRA that Owner has received a copy of the Collier
County Community Site Improvement Grant Program (hereinafter referred to as "Grant
Program"), that Owner has read the Grant Program, and that Owner has had ample opportunity
to discuss the Grant Program with Owner's counselor advisor. Owner further acknowledges to
the CRA that Owner understands and agrees to abide by all of the terms and conditions of the
Grant Program. Owner agrees to the terms and conditions of the Grant Program.
2. Owner is the record owner of property described as 3144 Pine Tree Drive.
3. Owner has agreed to make certain improvements to the property pursuant to the
grant application submitted to the CRA dated Januarv 30, 2007 attached hereto as Exhibit A and
incorporated herein by reference.
4. Owner agrees to complete the construction of the Site Improvements within one
(1) year of CRA Approval. Owner also agrees to fund at least 50% of the costs of the Site
Improvements.
FY2007 SIG Agreement
1
16G 4
~,
,
5. CRA has approved a grant to Owner in the amount of $7.055 to be administered
pursuant to the terms of this Agreement based on an estimated cost of $14.110. If the actual
costs are less than the estimated costs to construct the Site Improvements and less than $7,055,
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 (I) year of CRA
approval, or if Owner fails to fund at least 50% of the cost of the Site Improvements, the grant
shall be deemed revoked and Owner shall be entitled to no funding.
9.
of Florida.
This Agreement shall be governed and construed pursuant to the laws of the State
10. This Agreement contains the entire agreement of the parties and their
representatives and agents, and incorporates all prior understandings, whether oral or written.
No change, modification or amendment, or any representation, promise or condition, or any
waiver, to this Agreement shall be binding unless in writing and signed by a duly authorized
officer of the party to be charged.
II. 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
1
16G 4-,
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year
first written above.
(
OWNER:
itness Signature
/...d/11112 \krc6n
Printed/Typed Name
BY\.. j1 /2-----
---..",..- -
J~.J (Jie.
Printed/T~e Name
f11111 O-ea..CCL
Printed/T~
By: tI:t~~ p~
~hlJ(1 0tcYZ ef?
Printed/Typed ame
ATTEST:
DWIGHT E,. BROCK, Clerk
..:i '
/ .
b~H>. =-<)C
Atte$t '. as t.o,.. . krk
s1~.t~ 00111 .
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
By: ;g~, du~
DO A FIALA, Chairman
Approved as to fonn and
legal sufficiency:
FY2007 SIG Agreement
"
)
16G 4
GRANT AGREEMENT BETWEEN eRA AND OWNER
FOR SITE IMPROVEMENT FOR BA YSHORE/GA TEW A Y TRIANGLE
REDEVELOPMENT AREA
THIS AGREEMENT ENTERED this Z7~day of Fe84J.A.a.'1_, ?,007 by and
between the Collier COill\ty Communi~ Redevelopment Agency (hereinafter referred to as
"CRA") and~~~~\l) f V,~ ~~'II~ (hereinafter referred to as "Owner").
WIT N E SSE T H:
WHEREAS, in eollier 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 $4,418.87
dollars; and
WHEREAS, the CRA has determined that Owner meets the eligibility requirements and
was approved for a grant award in the amount of $c.f, V-I g. ~ dollars on
fE'&lU4AcA.( '217 , z007 ("CRA Approval"), which is 33% of the costs to construct
the site improvements.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other valuable consideration, the parties agree as follows:
I. Owner acknowledges to the CRA that Owner has received a copy of the Collier
County Community Site Improvement Grant Program (hereinafter referred to as "Grant
Program"), that Owner has read the Grant Program, and that Owner has had ample opportunity
to discuss the Grant Program with Owner's counselor advisor. Owner further acknowledges to
the CRA that Owner understands and agrees to abide by all of the terms and conditions of the
Grant Program. Owner agrees to the terms and conditions of the Grant Program.
2. Owner is the record owner of property described as 1716 Airport Road South,
Naples, FL 34112.
3. Owner has agreed to make certain improvements to the property pursuant to the
grant application submitted to the CRA dated February 5, 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 66% of the costs of the Site
Improvements.
FY2007 SIG Agreement
16G
J~
~,
.
5. CRA has approved a grant to Owner in the amount of $4,418.87 to be
administered pursuant to the terms of this Agreement based on an estimated cost of $13,390.50.
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 66% of the cost of the Site Improvements, the grant
shall be deemed revoked and Owner shall be entitled to no funding.
9.
of Florida.
This Agreement shall be governed and construed pursuant to the laws of the State
10. This Agreement contains the entire agreement of the parties and their
representatives and agents, and incorporates all prior understandings, whether oral or written.
No change, modification or amendment, or any representation, promise or condition, or any
waiver, to this Agreement shall be binding unless in writing and signed by a duly authorized
officer of the party to be charged.
11. This Agreement is personal to Owner, and may not be assigned or transferred by
Owner or to Owner's respective heirs, personal representatives, successors or assigns without the
prior written consent of the CRA.
FY2007 SIG Agreement
I
16G 4
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year
first written above.
" .--
(1)\~ O&!
( Wiri~"1
-hJC~
Printed/Typed N~
OWNER:
/
.~'
By: --J c) 6'Cr
/~ k \ ,
/~, '- ,~X
Printed/Typed Na~
/:/
~ /Ale; ,
,
(2) ~~ p~~
Witness Signature
\("\ ~~ Pe\\n
Printed/Typed Name
ATTEST:
DWIGHT E. BROCK.j Clerk
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
By: {f~o ~~
DO A FIALA, Chairman
~: ~'~O.c.
. . . / .' D . ty Clerk
Attest. IS to eM ..... I
.tgnmft' 011,.
Approved as to form and
legal sufficiency:
L1l-<-~6
FY2007 SIG Agreement
3
16G5 1~
MEMORANDUM
Date:
February 28, 2007
To:
David L. Jackson
Executive Director/CRA
2408 Lindwood Ave, Suite 7
Unit 11
Naples, Florida 34112
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Agenda Item #16G5: Agreement for Sale & Purchase
between the CRA and Mark Owens for property located at
4048 Full Moon Court
Attached, for your records, please find one original agreement as
referenced above (Agenda Item #16G5) approved by the Board of County
Commissioners on Tuesday, February 27, 2007.
The Minutes & Records Department has retained a copy of the agreement
for the record.
If you should have any questions, please contact me at 774-8406.
Thank you,
Attachments (l)
AGREEMENT FOR SALE AND PURCHASE
16G5 ~"
THIS AGREEMENT is made and entered into by and between MARK OWENS {J L
(hereinafter referred to as "Seller"), and Collier Countyl1Redevelopment Agency, a ;'~.r1",\.h'1
political subdivision of the State of Florida, (hereinafter referred to as "Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property located at 4048
Full Moon Court, Naples, Florida 34112 (hereinafter referred to as "Property"), located
in Collier County, State of Florida, and being more particularly described in Exhibit "A",
attached hereto and made a part hereof by reference.
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions
and other agreements hereinafter set forth, and Seller is agreeable to such sale and to
such conditions and agreements. c..
NOW, THEREFORE, and for and in consideration of the premises and tht'jespective
undertakings of the parties hereinafter set forth and ~ sum of )
----- ~ ~ ~ -----,. ,f.J - Dollars VJ
($ Iv. ~ .), the receipt and sufficiency of which is hereby acknowledged, it is
agreed ~ follows:
I. AGREEMENT
1.01 In consideration of the purchase price and upon the terms and conditions
hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase
from Seller the Property, described in Exhibit "A".
II. PAYMENT OF PURCHASE PRICE ~
. (the "P~~ for the Pro~ sh~IL be ~
. ~Jr Dollars ($ q oJ 000, ;-;-.),
(U.S. C rency) payable at time of closing.
III. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR
"CLOSING") of the transaction shall be held on or before /11/\fs IS-, 2007
following execution of this Agreement by the Purchaser. unl ss extended by
mutual written agreement of the parties hereto. The Closing shall be held at the
Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East,
Naples, Florida. The procedure to be followed by the parties in connection with
the Closing shall be as follows:
3.011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with
law. At the Closing, the Seller shall cause to be delivered to the Purchaser
the items specified herein and the following documents and instruments duly
executed and acknowledged, in recordable form:
3.0111 Warranty Deed in favor of Purchaser conveying title to the
Property, free and clear of all liens and encumbrances other than:
(a) The lien for current taxes and assessments.
(b) Such other easements, restrictions or conditions of record.
3.0112 Combined Purchaser-Seller closing statement.
Initial BUyer--:-:-t-- ~
InitialSeller~ ~
1
16G5'"
3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as
required by Section 1445 of the Internal Revenue Code and as required
by the title insurance underwriter in order to insure the "gap" and issue
the policy contemplated by the title insurance commitment.
3.0114 A W-9 Form, "Request for Taxpayer Identification and
Certification" as required by the Internal Revenue Service.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following:
3.0121 A negotiable instrument (County Warrant) in an amount equal to
the Purchase Price. No funds shall be disbursed to Seller until the Title
Company verifies that the state of the title to the Property has not
changed adversely since the date of the last endorsement to the
commitment, referenced in Section 4.011 thereto, and the Title
Company is irrevocably committed to pay the Purchase Price to Seller
and to issue the Owner's title policy to Purchaser in accordance with the
commitment immediately after the recording of the deed.
3.0122 Funds payable to the Seller representing the cash payment due
at Closing in accordance with Article III hereof, shall be subject to
adjustment for prorations as hereinafter set forth.
3.02 Each party shall be responsible for payment of its own attorney's fees. Seller,
at its sole cost and expense, shall pay at Closing all documentary stamp taxes due
relating to the recording of the Warranty Deed, in accordance with Chapter 201.01,
Florida Statutes, and the cost of recording any instruments necessary to clear
Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued
pursuant to the Commitment provided for in Section 4.011 below, shall be paid by
Purchaser. The cost of the title commitment shall also be paid by Purchaser.
3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real
Property taxes shall be prorated based on the current year's tax with due
allowance made for maximum allowable discount, homestead and any other
applicable exemptions and paid by Seller. If Closing occurs at a date which the
current year's millage is not fixed, taxes will be prorated based upon such prior
year's millage.
IV. REQUIREMENTS AND CONDITIONS
4.01 Upon execution of this Agreement by both parties or at such other time as
specified within this Article, Purchaser and/or Seller, as the case may be, shall
perform the following within the times stated, which shall be conditions precedent
to the Closing;
4.011 Within twenty (20) days after the date hereof, Purchaser shall obtain as
evidence of title an AL TA Commitment for an Owner's Title Insurance Policy
(AL TA Form B-1970) covering the Property, together with hard copies of all
exceptions shown thereon. Purchaser shall have thirty (30) days, following
receipt of the title insurance commitment, to notify Seller in writing of any
objection to title other than liens evidencing monetary obligations, if any,
which obligations shall be paid at closing. If the title commitment contains
exceptions that make the title unmarketable, Purchaser shall deliver to the
Seller written notice of its intention to waive the applicable contingencies or to
terminate this Agreement.
4.012 If Purchaser shall fail to advise the Seller in writing of any such
objections in Seller's title in the manner herein required by this Agreement, the
title shall be deemed acceptable. Upon notification of Purchaser's objection to
Initial Buyer
Initial Seller N
~
2
16G5 .,~
title, Seller shall have thirty (30) days to remedy any defects in order to convey
good and marketable title, except for liens or monetary obligations which will
be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to
make such title good and marketable. In the event Seller is unable to cure
said objections within said time period, Purchaser, by providing written notice
to Seller within seven (7) days after expiration of said thirty (30) day period,
may accept title as it then is, waiving any objection; or Purchaser may
terminate the Agreement. A failure by Purchaser to give such written notice of
termination within the time period provided herein shall be deemed an election
by Purchaser to accept the exceptions to title as shown in the title
commitment.
4.013 Purchaser shall have the option, at its own expense, to obtain a current
survey of the Property prepared by a surveyor licensed by the State of Florida.
No adjustments to the Purchase Price shall be made based upon any change
to the total acreage referenced in Exhibit "A", if any. Seller agrees to furnish
any existing surveys of the Property, if any, to Purchaser within thirty (30) days
of execution of this Agreement.
4.014 Seller agrees to convey all properties vacant and free of all tenant
occupants on or before the day of closing. Buyer has the right to inspect all
properties the day of closing to confirm said vacancies. Failure to convey
properties by Seller as vacant will cause delay of closing.
V. APPRAISAL PERIOD
5.01 Purchaser shall have sixty (60) days from the date of this Agreement
(Appraisal Period), to obtain the required appraisal(s) in order to determine the
value of the Property pursuant to the requirements of Florida Statutes 125.355.
5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of
the independent appraisal(s), Purchaser shall deliver to the Seller within thirty
(30) days from the expiration of the Appraisal Period, written notice of its intention
to waive the applicable contingencies or to terminate this Agreement. If
Purchaser fails to notify the Seller in writing of its specific objections as provided
herein, it shall be deemed that the Purchaser is satisfied with the results of its
investigation and the contingencies of this Article V shall be deemed waived. In
the event Purchaser elects to terminate this Agreement copies of the appraisal
reports shall be furnished to the Seller.
5.03 Seller acknowledges that if the agreed Purchase Price stated in Paragraph
2.01 exceeds the average of two (2) independent appraisals, if obtained, the
Purchaser is required to approve the purchase by an extraordinary vote. If such
vote is not obtained, then this Agreement shall terminate and the parties shall
bear their own costs.
VI. INSPECTION PERIOD
6.01 Purchaser shall have ninety (90) days from the date of this Agreement,
("Inspection Period"), to determine through appropriate investigation that:
1. Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking, soil stabilization or foundations.
2. There are no abnormal drainage or environmental requirements to the
development of the Property.
3. The Property is in compliance with all applicable State and Federal
environmental laws and the Property is free from any pollution or
contamination.
4. The Property can be utilized for its intended purpose.
6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of
Initial Buyer7"l1-- ~
Initial Seller VV w--
3
'6 ~5 ~1
any investigation, Purchaser shall deliver to Seller prior to the expiralltn of~e
Inspection Period, written notice of its intention to waive the applicable
contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller
in writing of its specific objections as provided herein within the Inspection Period,
it shall be deemed that the Purchaser is satisfied with the results of its
investigations and the contingencies of this Article VI shall be deemed waived. In
the event Purchaser elects to terminate this Agreement because of the right of
inspection, Purchaser shall deliver to Seller copies of all engineering reports and
environmental and soil testing results commissioned by Purchaser with respect to
the Property.
6.03 Purchaser and its agents, employees and servants shall, at their own risk and
expense, have the right to go upon the Property for the purpose of surveying and
conducting site analyses, soil borings and all other necessary investigation.
Purchaser shall, in performing such tests, use due care and shall indemnify Seller
on account of any loss or damages occasioned thereby and against any claim
made against Seller as a result of Purchaser's entry. Seller shall be notified by
Purchaser no less than twenty four (24) hours prior to said inspection of the
Property.
VII. INSPECTION
7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have
the right to inspect the Property at any time prior to the Closing.
VIII. POSSESSION
8.01 Purchaser shall be entitled to full possession of the Property at Closing.
IX. PRORATIONS
9.01 Ad valorem taxes next due and payable, after closing on the Property, shall
be prorated at Closing based upon the gross amount of 2007 taxes, and shall be
paid by Seller.
X. TERMINATION AND REMEDIES
10.01 If Seller shall have failed to perform any of the covenants and/or
agreements contained herein which are to be performed by Seller, within ten (10)
days of written notification of such failure, Purchaser may, at its option, terminate
this Agreement by giving written notice of termination to Seller. Purchaser shall
have the right to seek and enforce all rights and remedies available at law or in
equity to a contract vendee, including the right to seek specific performance of this
Agreement.
10.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the
transaction contemplated hereby or otherwise fails to perform any of the terms,
covenants and conditions of this Agreement as required on the part of Purchaser
to be performed, provided Seller is not in default, then as Seller's sole remedy,
Seller shall have the right to terminate and cancel this Agreement by giving written
notice thereof to Purchaser, whereupon one percent (1%) of the purchase price
shall be paid to Seller as liquidated damages which shall be Seller's sole and
exclusive remedy, and neither party shall have any further liability or obligation to
the other except as set forth in paragraph 13.01, (Real Estate Brokers), hereof.
The parties acknowledge and agree that Seller's actual damages in the event of
Purchaser's default are uncertain in amount and difficult to ascertain, and that
said amount of liquidated damages was reasonably determined by mutual
agreement between the parties, and said sum was not intended to be a penalty in
nature.
Initial Buyer~ ~
Initial Seller 'vV ~
4
16GS''1'
10.03 Should any litigation or other action be commenced between the parties
concerning the Property or this Agreement, the party prevailing in such litigation
other action shall be entitled, in addition to such relief as may be granted, to a
reasonable sum for its attorney's fees, paralegal charges and all fees and costs
for appellate proceedings in such litigation or other action; which sum may be
determined by the court or in a separate action brought for that purpose.
1 0.04 The parties acknowledge that the remedies described herein and in the
other provisions of this Agreement provide mutually satisfactory and sufficient
remedies to each of the parties, and take into account the peculiar risks and
expenses of each of the parties.
XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
11.01 Seller and Purchaser represent and warrant the following:
11.011 Seller and Purchaser have full right and authority to enter into and to
execute this Agreement and to undertake all actions and to perform all tasks
required of each hereunder. Seller is not presently the subject of a pending,
threatened or contemplated bankruptcy proceeding.
11.012 Seller has full right, power, and authority to own and operate the
Property, and to execute, deliver, and perform its obligations under this
Agreement and the instruments executed in connection herewith, and to
consummate the transaction contemplated hereby. All necessary
authorizations and approvals have been obtained authorizing Seller and
Purchaser to execute and consummate the transaction contemplated hereby.
At Closing, certified copies of such approvals shall be delivered to Purchaser
and/or Seller, if necessary.
11.013 The warranties set forth in this Article shall be true on the date of this
Agreement and as of the date of Closing. Purchaser's acceptance of a deed
to the said Property shall not be deemed to be full performance and discharge
of every agreement and obligation on the part of the Seller to be performed
pursuant to the provisions of this Agreement.
11.014 Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller,
at law, equity or in arbitration before or by any federal, state, municipal or
other governmental instrumentality that relate to this agreement or any other
property that could, if continued, adversely affect Seller's ability to sell the
Property to Purchaser according to the terms of this Agreement.
11.015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
11.016 Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Seller shall not encumber or convey any portion of the
Property or any rights therein, nor enter into any agreements granting any
person or entity any rights with respect to the Property or any part thereof,
without first obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement which consent may be withheld by Purchaser for
any reason whatsoever. J {\\
11.017 Seller represents that there are no incinerators,.~ or
cesspools on the Property; all waste, if any, is discharged into a public sanitary
sewer system; Seller represents that they have (it has) no knowledge that any
pollutants are or have been discharged from the Property, directly or indirectly
Initial Buyer . ~
Initial Seller v.J ~
5
16 G 5 i.~_
into any body of water. Seller represents the Property has not been used for
the production, handling, storage, transportation, manufacture or disposal of
hazardous or toxic substances or wastes, as such terms are defined in
applicable laws and regulations, or any other activity that would have toxic
results, and no such hazardous or toxic substances are currently used in
connection with the operation of the Property, and there is no proceeding or
inquiry by any authority with respect thereto. Seller represents that they have
(it has) no knowledge that there is ground water contamination on the Property
or potential of ground water contamination from neighboring properties. Seller
represents no storage tanks for gasoline or any other substances are or were
located on the Property at any time during or prior to Seller's ownership
thereof. Seller represents none of the Property has been used as a sanitary
landfill.
11.018 Seller has no knowledge that the Property and Seller's operations
concerning the Property are in violation of any applicable Federal, State or
local statute, law or regulation, or of any notice from any governmental body
has been served upon Seller claiming any violation of any law, ordinance,
code or regulation or requiring or calling attention to the need for any work,
repairs, construction, alterations or installation on or in connection with the
Property in order to comply with any laws, ordinances, codes or regulation with
which Seller has not complied.
11.019 There are no unrecorded restrictions, easements or rights of way
(other than existing zoning regulations) that restrict or affect the use of the
Property, and there are no maintenance, construction, advertising,
management, leasing, employment, service or other contracts affecting the
Property.
11.020 Seller has no knowledge that there are any suits, actions or arbitration,
bond issuances or proposals therefor, proposals for public improvement
assessments, pay-back agreements, paving agreements, road expansion or
improvement agreements, utility moratoriums, use moratoriums, improvement
moratoriums. administrative or other proceedings or governmental
investigations or requirements, formal or informal. existing or pending or
threatened which affects the Property or which adversely affects Seller's ability
to perform hereunder; nor is there any other charge or expense upon or
related to the Property which has not been disclosed to Purchaser in writing
prior to the effective date of this Agreement.
11.021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this
Agreement up to and including the Date of Closing. Therefore, Seller agrees
not to enter into any contracts or agreements pertaining to or affecting the
Property and not to do any act or omit to perform any act which would change
the zoning or physical condition of the Property or the governmental
ordinances or laws governing same. Seller also agrees to notify Purchaser
promptly of any change in the facts contained in the foregoing representations
and of any notice or proposed change in the zoning. or any other action or
notice, that may be proposed or promulgated by any third parties or any
governmental authorities having jurisdiction of the development of the property
which may restrict or change any other condition of the Property.
11.022 At the Closing, Seller shall deliver to Purchaser a statement
(hereinafter called the "Closing Representative Statement") reasserting the
foregoing representations as of the Date of Closing. which provisions shall
survive the Closing.
Initial Buyer f=
!
Initial Seller \).) .
6
16 G5 "
3 Seller represents, warrants and agrees to indemnify, reimburse, de
and ho rchaser harmless from any and all costs (including attor s fees
asserted again " osed on or incurred by Purchaser, dir or indirectly,.
pursuant to or in conn . n with the application of a ceral, state, local or
common law relating to poilu r protection e environment which shall
be in accordance with, but not limite e Comprehensive Environmental
Response, Compensation, and L' . Act 80, 42 U.S.C. Section 9601,
et seq., ("CERCLA" or "Su nd"), which was ame and upgraded by the
Superfund Amend and Reauthorization Act of 1986 "), including
any amendm or successor in function to these acts. This pr . 'on and
the ri Purchaser, hereunder, shall survive Closing and are not dee
. led by conveyance of title.
11.024 Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shall be Seller's sole risk and expense.
XII. NOTICES
12.01 Any notice, request, demand, instruction or other communication to be
given to either party hereunder shall be in writing, sent by registered, or certified
mail, return receipt requested, postage prepaid, addressed as follows:
If to Purchaser:
Collier County Redevelopment Agency
BayshorelGateway Triangle
c/o David Jackson, Executive Director
2740 Bayshore Drive
Naples, Florida 34112
With a copy to:
Ma~orie Student-Stirling
Assistant County Attorney
Office of the County Attorney
2800 Horseshoe Drive
Naples, Florida 34104
If to Seller:
With a copy to:
12.02 The addressees and addresses for the purpose of this Article may be
changed by either party by giving written notice of such change to the other party
in the manner provided herein. For the purpose of changing such addresses or
addressees only, unless and until such written notice is received, the last
addressee and respective address stated herein shall be deemed to continue in
effect for all purposes.
Initial BUyer~ ~
InitialSeller~ ~
7
16 G5 :f'"
XIII. REAL ESTATE BROKERS
13.01 Any and all brokerage commissions or fees shall be the sole responsibility
of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from
and against any claim or liability for commission or fees to any broker or any other
person or party claiming to have been engaged by Seller as a real estate broker,
salesman or representative, in connection with this Agreement. Seller agrees to
pay any and all commissions or fees at closing pursuant to the terms of a
separate agreement, if any.
XIV. MISCELLANEOUS
14.01 This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
14.02 This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is executed by both parties and shall inure to the benefit
of and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustee, and assignees
whenever the context so requires or admits.
14.03 Any amendment to this Agreement shall not bind any of the parties hereof
unless such amendment is in writing and executed and dated by Purchaser and
Seller. Any amendment to this Agreement shall be binding upon Purchaser and
Seller as soon as it has been executed by both parties.
14.04 Captions and section headings contained in this Agreement are for
convenience and reference only; in no way do they define, describe, extend or
limit the scope or intent of this Agreement or any provisions hereof.
14.05 All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as
the context or the use thereof may require.
14.06 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any
provision of this Agreement shall be applicable only to the specific instance to
which it is related and shall not be deemed to be a continuing or future waiver as
to such provision or a waiver as to any other provision.
14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the
next succeeding business day.
14.08 Seller is aware of and understands that the "offer" to purchase represented
by this Agreement is subject to acceptance and approval by the CRA Board of
Directors Commissioners of Collier County, Florida.
14.09 If the Seller holds the Property in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever
for others, Seller shall make a written public disclosure, according to Chapter 286,
Florida Statutes, under oath, of the name and address of every person having a
beneficial interest in the Property before Property held in such capacity is
conveyed to Collier County. (If the corporation is registered with the Federal
Securities Exchange Commission or registered pursuant to Chapter 517, Florida
Statutes, whose stock is for sale to the general public, it is hereby exempt from
the provisions of Chapter 286, Florida Statutes.)
Initial Buyer
1"'IaI"'Ie'~ ~
8
16G5 ~"1
14.10 This Agreement is governed and construed in accordance with the laws of
the State of Florida.
xv. ENTIRE AGREEMENT
15.01 This Agreement and the exhibits attached hereto contain the entire
agreement between the parties, and no promise, representation, warranty or
covenant not included in this Agreement or any such referenced agreements has
been or is being relied upon by either party. No modification or amendment of
this Agreement shall be of any force or effect unless made in writing and executed
and dated by both Purchaser and Seller. Time is of the essence of this
Agreement.
Initial Buyer
'n"''''~ t=
9
16G5 11
IN WITNESS WHEREOF, the parties hereto have signed below.
Dated Project/Acquisition Approved by
BCC:
AS TO PURCHASER:
DATED:
ATTEST: . '~, "
DWIGHT E. BROCK, Clerk
D~::~mi~ Clerk
Attest., ,
si~atwr. 011-
, .
/
AS TO SELLER:
DATED:
Approved as to form and
legal sufficiency:
~... &-~-~
Marjo' Student-Stirling .
Assistant County Attorney
CRA BOARD OF DIRECTORS
COLLIER UNTY, FLORIDA
d-~ a..~'/,-o7
, Chairman
BY:
BY: .
[;6dQ )),~
VoYlc.SSt{ M U2....UfeS
Item# (to 6S
Agenda 2"2-1'1)
Data
Date 7-' 26 -TJ
Rec'd
10
Details
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Folio No.1153350260000
~
Current Ownership
Property Addressll4048 FULL MOON CT
Scroll for Additionallnformatio
I
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Owner Name OWENS, MARK
Addresses/ PO BOX 10853
City NAPLES
II
Statell FL
II
Zipl/34101 - 0853
Legalll LAKE KELLY UNIT 2 LOT 8
Sub No.
~~ \LIe Codl
441400
2
Acres
0.11
Map No.
5A14
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Section
14
Township
50
2006 Final Tax Roll
(Subject to Change)
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
Latest Sales History
Land Value $ 47,278.00
I (+) Improved Value $ 9,794.00
(=) Market Value $ 57,072.00
(-) SOH Exempt Value $ 0.00
(=) Assessed Value $ 57,072.00
(-I Homestead and other Exempt Value $ 0.00
(=) Taxable Value $ 57,072.00
Date
05 I 2005
Book - Page
3804 - 2305
Amount
$ 62,000.00
SOH = "Save Our Homes" exempt value due to cap on assessment increases.
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2/12/200
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Page 4 of
2/12/20C
16G6
MEMORANDUM
Date:
February 28, 2007
To:
David L. Jackson
Executive Director/CRA
2408 Lindwood Ave, Suite 7
Unit 11
Naples, Florida 34112
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Agenda Item #16G6: Agreement for Sale & Purchase
between the eRA and Vanessa M. Uzupes for property
located at 3252 Lunar Street
Attached, for your records, please find one original agreement as
referenced above (Agenda Item #16G6) approved by the Board of County
Commissioners on Tuesday, February 27, 2007.
The Minutes & Records Department has retained a copy of the agreement
for the record.
If you should have any questions, please contact me at 774-8406.
Thank you,
Attachments (1)
AGREEMENT FOR SALE AND PURCHASE
16G6
,.
THIS AGREEMENT is made and entered into by and between VANESSA M UZUPES, ,j,oIJ-j
(hereinafter referred to as "Seller"), and Collier County"Redevelopment Agency, a (>Jy('rI'"
political subdivision of the State of Florida, (hereinafter referred to as "Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property located at 3252
Lunar Street, Naples, Florida 34112 (hereinafter referred to as "Property"), located in
Collier County, State of Florida, and being more particularly described in Exhibit "A",
attached hereto and made a part hereof by reference.
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions
and other agreements hereinafter set forth, and Seller is agreeable to such sale and to
such conditions and agreements.
NOW, THEREFORE, and for and in consideration of the premises and the respective
undertakings of the pa~s hereinafter set forth and~e sum of
---- l-E'A.J - Dollars
($ / (). .~ .), the receipt and sufficiency of which is hereby acknowledged, it is
agreed as follows:
-\
tJ "vI
I. AGREEMENT
1.01 In consideration of the purchase price and upon the terms and conditions
hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase
from Seller the Property, described in Exhibit "A".
II. PAYMENT OF PURCHASE PRICE
Price") for the Property shall be'vJ
q {--
----Dollars ($ d c,1(.fd. ~ .),
.)
III. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR
"CLOSING") of the transaction shall be held on or before YY1,4~5 ,2007
following execution of this Agreement by the Purchaser: un extended by
mutual written agreement of the parties hereto. The Closing shall be held at the
Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East,
Naples, Florida. The procedure to be followed by the parties in connection with
the Closing shall be as follows:
3.011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with
law. At the Closing, the Seller shall cause to be delivered to the Purchaser
the items specified herein and the following documents and instruments duly
executed and acknowledged, in recordable form:
3.0111 Warranty Deed in favor of Purchaser conveying title to the
Property, free and clear of all liens and encumbrances other than:
(a) The lien for current taxes and assessments.
1666
..
I
3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as
required by Section 1445 of the Internal Revenue Code and as required
by the title insurance underwriter in order to insure the "gap" and issue
the policy contemplated by the title insurance commitment.
3.0114 A W-9 Form, "Request for Taxpayer Identification and
Certification" as required by the Internal Revenue Service.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following:
3.0121 A negotiable instrument (County Warrant) in an amount equal to
the Purchase Price. No funds shall be disbursed to Seller until the Title
Company verifies that the state of the title to the Property has not
changed adversely since the date of the last endorsement to the
commitment, referenced in Section 4.011 thereto, and the Title
Company is irrevocably committed to pay the Purchase Price to Seller
and to issue the Owner's title policy to Purchaser in accordance with the
commitment immediately after the recording of the deed.
3.0122 Funds payable to the Seller representing the cash payment due
at Closing in accordance with Article III hereof, shall be subject to
adjustment for prorations as hereinafter set forth.
3.02 Each party shall be responsible for payment of its own attorney's fees. Seller,
at its sole cost and expense, shall pay at Closing all documentary stamp taxes due
relating to the recording of the Warranty Deed, in accordance with Chapter 201.01,
Florida Statutes, and the cost of recording any instruments necessary to clear
Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued
pursuant to the Commitment provided for in Section 4.011 below, shall be paid by
Purchaser. The cost of the title commitment shall also be paid by Purchaser.
3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real
Property taxes shall be prorated based on the current year's tax with due
allowance made for maximum allowable discount, homestead and any other
applicable exemptions and paid by Seller. If Closing occurs at a date which the
current year's millage is not fIXed, taxes will be prorated based upon such prior
year's millage.
IV. REQUIREMENTS AND CONDITIONS
4.01 Upon execution of this Agreement by both parties or at such other time as
specified within this Article, Purchaser and/or Seller, as the case may be, shall
perform the following within the times stated, which shall be conditions precedent
to the Closing;
4.011 Within twenty (20) days after the date hereof, Purchaser shall obtain as
evidence of title an AL T A Commitment for an Owner's Title Insurance Policy
(AL TA Form 8-1970) covering the Property, together with hard copies of all
exceptions shown thereon. Purchaser shall have thirty (30) days, following
receipt of the title insurance commitment, to notify Seller in writing of any
objection to title other than liens evidencing monetary obligations, if any,
which obligations shall be paid at closing. If the title commitment contains
exceptions that make the title unmarketable, Purchaser shall deliver to the
Seller written notice of its intention to waive the applicable contingencies or to
terminate thi~ AnrAAmAnt
16G6
title, Seller shall have thirty (30) days to remedy any defects in order to convey
good and marketable title, except for liens or monetary obligations which will
be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to
make such title good and marketable. In the event Seller is unable to cure
said objections within said time period, Purchaser, by providing written notice
to Seller within seven (7) days after expiration of said thirty (30) day period,
may accept title as it then is, waiving any objection; or Purchaser may
terminate the Agreement. A failure by Purchaser to give such written notice of
termination within the time period provided herein shall be deemed an election
by Purchaser to accept the exceptions to title as shown in the title
commitment.
4.013 Purchaser shall have the option, at its own expense, to obtain a current
survey of the Property prepared by a surveyor licensed by the State of Florida.
No adjustments to the Purchase Price shall be made based upon any change
to the total acreage referenced in Exhibit "A", if any. Seller agrees to furnish
any existing surveys of the Property, if any, to Purchaser within thirty (30) days
of execution of this Agreement.
4.014 Seller agrees to convey all properties vacant and free of all tenant
occupants on or before the day of closing. Buyer has the right to inspect all
properties the day of closing to confirm said vacancies. Failure to convey
properties by Seller as vacant will cause delay of closing.
V. APPRAISAL PERIOD
5.01 Purchaser shall have sixty (60) days from the date of this Agreement
(Appraisal Period), to obtain the required appraisal(s) in order to determine the
value of the Property pursuant to the requirements of Florida Statutes 125.355.
5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of
the independent appraisal(s), Purchaser shall deliver to the Seller within thirty
(30) days from the expiration of the Appraisal Period, written notice of its intention
to waive the applicable contingencies or to terminate this Agreement. If
Purchaser fails to notify the Seller in writing of its specific objections as provided
herein, it shall be deemed that the Purchaser is satisfied with the results of its
investigation and the contingencies of this Article V shall be deemed waived. In
the event Purchaser elects to terminate this Agreement copies of the appraisal
reports shall be furnished to the Seller.
5.03 Seller acknowledges that if the agreed Purchase Price stated in Paragraph
2.01 exceeds the average of two (2) independent appraisals, if obtained, the
Purchaser is required to approve the purchase by an extraordinary vote. If such
vote is not obtained, then this Agreement shall terminate and the parties shall
bear their own costs.
VI. INSPECTION PERIOD
6.01 Purchaser shall have ninety (90) days from the date of this Agreement,
("Inspection Period"), to determine through appropriate investigation that:
1. Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking, soil stabilization or foundations.
2. There are no abnormal drainage or environmental requirements to the
development of the Property.
3. The Property is in compliance with all applicable State and Federal
environmental laws and thA PrnnArtv jl=; trAP- frnm ~nv nnltlltinn nr
16~t.
any investigation, Purchaser shall deliver to Seller prior to the expiration o'f t~
Inspection Period, written notice of its intention to waive the applicable
contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller
in writing of its specific objections as provided herein within the Inspection Period,
it shall be deemed that the Purchaser is satisfied with the results of its
investigations and the contingencies of this Article VI shall be deemed waived. In
the event Purchaser elects to terminate this Agreement because of the right of
inspection, Purchaser shall deliver to Seller copies of all engineering reports and
environmental and soil testing results commissioned by Purchaser with respect to
the Property.
6.03 Purchaser and its agents, employees and servants shall, at their own risk and
expense, have the right to go upon the Property for the purpose of surveying and
conducting site analyses, soil borings and all other necessary investigation.
Purchaser shall, in performing such tests, use due care and shall indemnify Seller
on account of any loss or damages occasioned thereby and against any claim
made against Seller as a result of Purchaser's entry. Seller shall be notified by
Purchaser no less than twenty four (24) hours prior to said inspection of the
Property.
VII. INSPECTION
7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have
the right to inspect the Property at anytime prior to the Closing.
VIII. POSSESSION
8.01 Purchaser shall be entitled to full possession of the Property at Closing.
IX. PRORATIONS
9.01 Ad valorem taxes next due and payable, after closing on the Property, shall
be prorated at Closing based upon the gross amount of 2007 taxes, and shall be
paid by Seller.
X. TERMINATION AND REMEDIES
10.01 If Seller shall have failed to perform any of the covenants and/or
agreements contained herein which are to be performed by Seller, within ten (10)
days of written notification of such failure, Purchaser may, at its option, terminate
this Agreement by giving written notice of termination to Seller. Purchaser shall
have the right to seek and enforce all rights and remedies available at law or in
equity to a contract vendee, including the right to seek specific performance of this
Agreement.
10.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the
transaction contemplated hereby or otherwise fails to perform any of the terms,
covenants and conditions of this Agreement as required on the part of Purchaser
to be performed, provided Seller is not in default, then as Seller's sole remedy,
Seller shall have the right to terminate and cancel this Agreement by giving written
notice thereof to Purchaser, whereupon one percent (1%) of the purchase price
shall be paid to Seller as liquidated damages which shall be Seller's sole and
exclusive remedy, and neither party shall have any further liability or obligation to
the other except as set forth in paragraph 13.01, (Real Estate Brokers), hereof.
The parties acknowledge and agree that Seller's actual damages in the event of
Purchaser's default are uncertain in amount and difficult to ascertain, and that
said amount of liauidated damaaes was reasonablv determinen hv mlltll~1
1666
10.03 Should any litigation or other action be commenced between the parties
concerning the Property or this Agreement, the party prevailing in such litigation
other action shall be entitled, in addition to such relief as may be granted, to a
reasonable sum for its attorney's fees, paralegal charges and all fees and costs
for appellate proceedings in such litigation or other action; which sum may be
determined by the court or in a separate action brought for that purpose.
10.04 The parties acknowledge that the remedies described herein and in the
other provisions of this Agreement provide mutually satisfactory and sufficient
remedies to each of the parties, and take into account the peculiar risks and
expenses of each of the parties.
XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
11.01 Seller and Purchaser represent and warrant the following:
11.011 Seller and Purchaser have full right and authority to enter into and to
execute this Agreement and to undertake all actions and to perform all tasks
required of each hereunder. Seller is not presently the subject of a pending,
threatened or contemplated bankruptcy proceeding.
11.012 Seller has full right, power, and authority to own and operate the
Property, and to execute, deliver, and perform its obligations under this
Agreement and the instruments executed in connection herewith, and to
consummate the transaction contemplated hereby. All necessary
authorizations and approvals have been obtained authorizing Seller and
Purchaser to execute and consummate the transaction contemplated hereby.
At Closing, certified copies of such approvals shall be delivered to Purchaser
and/or Seller, if necessary.
11.013 The warranties set forth in this Article shall be true on the date of this
Agreement and as of the date of Closing. Purchaser's acceptance of a deed
to the said Property shall not be deemed to be full performance and discharge
of every agreement and obligation on the part of the Seller to be performed
pursuant to the provisions of this Agreement.
11.014 Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller,
at law, equity or in arbitration before or by any federal, state, municipal or
other governmental instrumentality that relate to this agreement or any other
property that could, if continued, adversely affect Seller's ability to sell the
Property to Purchaser according to the terms of this Agreement.
11.015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
11.016 Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Seller shall not encumber or convey any portion of the
Property or any rights therein, nor enter into any agreements granting any
person or entity any rights with respect to the Property or any part thereof,
without first obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement which consent may be withheld by Purchaser for
any reason whatsoever. -j I / CD
11.017 Seller represents that there are no incinerators,.~kS or
cessDools on the ProDertv: all wastE! if anv is disr.harnAn into a nllhlir. sanitarv
1666
into any body of water. Seller represents the Property has not been used for
the production, handling, storage, transportation, manufacture or disposal of
hazardous or toxic substances or wastes, as such terms are defined in
applicable laws and regulations, or any other activity that would have toxic
results, and no such hazardous or toxic substances are currently used in
connection with the operation of the Property, and there is no proceeding or
inquiry by any authority with respect thereto. Seller represents that they have
(it has) no knowledge that there is ground water contamination on the Property
or potential of ground water contamination from neighboring properties. Seller
represents no storage tanks for gasoline or any other substances are or were
located on the Property at any time during or prior to Seller's ownership
thereof. Seller represents none of the Property has been used as a sanitary
landfill.
11.018 Seller has no knowledge that the Property and Seller's operations
concerning the Property are in violation of any applicable Federal, State or
local statute, law or regulation, or of any notice from any governmental body
has been served upon Seller claiming any violation of any law, ordinance,
code or regulation or requiring or calling attention to the need for any work,
repairs, construction, alterations or installation on or in connection with the
Property in order to comply with any laws, ordinances, codes or regulation with
which Seller has not complied.
11.019 There are no unrecorded restrictions, easements or rights of way
(other than existing zoning regulations) that restrict or affect the use of the
Property, and there are no maintenance, construction, advertising,
management, leasing, employment, service or other contracts affecting the
Property.
11.020 Seller has no knowledge that there are any suits, actions or arbitration,
bond issuances or proposals therefor, proposals for public improvement
assessments, pay-back agreements, paving agreements, road expansion or
improvement agreements, utility moratoriums, use moratoriums, improvement
moratoriums, administrative or other proceedings or governmental
investigations or requirements, formal or informal, existing or pending or
threatened which affects the Property or which adversely affects Seller's ability
to perform hereunder; nor is there any other charge or expense upon or
related to the Property which has not been disclosed to Purchaser in writing
prior to the effective date of this Agreement.
11.021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this
Agreement up to and including the Date of Closing. Therefore, Seller agrees
not to enter into any contracts or agreements pertaining to or affecting the
Property and not to do any act or omit to perform any act which would change
the zoning or physical condition of the Property or the governmental
ordinances or laws governing same. Seller also agrees to notify Purchaser
promptly of any change in the facts contained in the foregoing representations
and of any notice or proposed change in the zoning, or any other action or
notice, that may be proposed or promulgated by any third parties or any
governmental authorities having jurisdiction of the development of the property
which may restrict or change any other condition of the Property.
11.022 At the Closing, Seller shall deliver to Purchaser a statement
(hereinafter called the "Clm~inn RenrP.!:;Anbdivp. Rhdp.mp.nt"\ rp.A!:;~rtinn th,:a
@
16G6
023 Seller represents, warrants and agrees to indemnify, reimburse, def
and urchaser harmless from any and all costs (including attor fees)
asserted ag imposed on or incurred by Purchaser, dir or indirectly, "\
pursuant to or in co ion with the application of a eral, state, local or \ 0
common law relating to po . n or protection e environment which shall \i
be in accordance with, but not II . e Comprehensive Environmental
Response, Compensation, and . 1980,42 U.S.C. Section 9601,
et seq., ("CERCLA" or "Su nd"), which was ded and upgraded by the
Superfund Amend and Reauthorization Act of 1 "SARA"), including
any amend or successor in function to these acts. T ovision and
the ri of Purchaser, hereunder, shall survive Closing and are no med
sfied by conveyance of title.
11.024 Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shall be Seller's sole risk and expense.
XII. NOTICES
12.01 Any notice, request, demand, instruction or other communication to be
given to either party hereunder shall be in writing, sent by registered, or certified
mail, return receipt requested, postage prepaid, addressed as follows:
If to Purchaser:
Collier County Redevelopment Agency
Bayshore/Gateway Triangle
c/o David Jackson, Executive Director
2740 Bayshore Drive
Naples, Florida 34112
With a copy to:
Marjorie Student-Stirling
Assistant County Attorney
Office of the County Attorney
2800 Horseshoe Drive
Naples, Florida 34104
If to Seller:
With a copy to:
12.02 The addressees and addresses for the purpose of this Article may be
changed by either party by giving written notice of such change to the other party
in the manner provided herein. For the purpose of changing such addresses or
addrp.~~p.p.~ nnlv Ilnlp.~~ Anrl I Inti I ~11,..h writt,::lln nnti,..,::ll ic: r,::llN:lli",::llrl the 1!:lIC!t
16&6
XIII. REAL ESTATE BROKERS
13.01 Any and all brokerage commissions or fees shall be the sole responsibility
of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from
and against any claim or liability for commission or fees to any broker or any other
person or party claiming to have been engaged by Seller as a real estate broker,
salesman or representative, in connection with this Agreement. Seller agrees to
pay any and all commissions or fees at closing pursuant to the terms of a
separate agreement, if any.
XIV. MISCELLANEOUS
14.01 This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
14.02 This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is executed by both parties and shall inure to the benefit
of and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustee, and assignees
whenever the context so requires or admits.
14.03 Any amendment to this Agreement shall not bind any of the parties hereof
unless such amendment is in writing and executed and dated by Purchaser and
Seller. Any amendment to this Agreement shall be binding upon Purchaser and
Seller as soon as it has been executed by both parties.
14.04 Captions and section headings contained in this Agreement are for
convenience and reference only; in no way do they define, describe, extend or
limit the scope or intent of this Agreement or any provisions hereof.
14.05 All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as
the context or the use thereof may require.
14.06 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any
provision of this Agreement shall be applicable only to the specific instance to
which it is related and shall not be deemed to be a continuing or future waiver as
to such provision or a waiver as to any other provision.
14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the
next succeeding business day.
14.08 Seller is aware of and understands that the "offer" to purchase represented
by this Agreement is subject to acceptance and approval by the CRA Board of
Directors Commissioners of Collier County, Florida.
14.09 If the Seller holds the Property in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever
for others, SeUer shall make a written public disclosure, according to Chapter 286,
Florida Statutes, under oath, of the name and address of every person having a
beneficial interest in the Property before Property held in such capacity is
conveyed to Collier County. (If the corporation is registered with the Federal
Securities Exchanae CnmmiSRinn nr rP.niRb~rArl nllNlllAnt tn ~hAnt-=-r ~ 17 I=lnrirl:::ll
16G6
14.10 This Agreement is governed and construed in accordance with the laws of
the State of Florida.
xv. ENTIRE AGREEMENT
15.01 This Agreement and the exhibits attached hereto contain the entire
agreement between the parties, and no promise, representation, warranty or
covenant not included in this Agreement or any such referenced agreements has
been or is being relied upon by either party. No modification or amendment of
this Agreement shall be of any force or effect unless made in writing and executed
and dated by both Purchaser and Seller. Time is of the essence of this
Agreement.
1666
IN WITNESS WHEREOF, the parties hereto have signed below.
Dated Project/Acquisition Approved by
BCC:
AS TO PURCHASER:
DATED:
~ '0 ~ "'1 "
ATTEST: ... ',f ,
DWIGHT E. ~ROCK, Clerk
CRA BOARD OF DIRECTORS
COLLIER C UNTY, FLORIDA
BY: d~ .2.;"'{,.,,7
I Chairman
~~.~~~~ OC ,
, Attest .as"~' " " ~ty Clerk
S 19qttn .1..
AS TO SELLER:
DATED:
~ ~6.Vlessc, (l
BY: ~ jJ[ . _ ' 1 _") U l..-Vfl
~~ )JJt~ OWftJ7
Approved as to form and
legal sufficiency:
dl\(~~~.u- ~v.;L~;uti),~:
Marjo Student-Stirling j
Assistant County Attorney
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Latest Sales History
Land Value $ 53,040.00
(+) Improved Value $ 32,855.00
(=) Market Value $ 85.895.00
H SOH Exempt Value I $ 0.00 I
(=) Assessed Value $ 85,895.00
H Homestead and other Exempt Value $ 0.00
(=) Taxable Value $ 85,895.00
Date Book - Paae Amount
07 / 2006 4076 - 948 $ 75,000.00
11 / 2002 3152 - 2552 $ 43,500.00
07/1996 2208 - 1080 $ 40,000.00
02/1996 2151 - 2371 $ 33,500.00
SOH = "Save Our Homes" exempt value due to cap on assessment increases.
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BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
February 27, 2007
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS
DIRECTED:
A. Districts:
(1) East Naples Fire Control and Rescue District: Minutes of January
12, 2007.
B: Minutes:
(1) Radio Road Beautification M.S.T.U. Advisory Committee: Agenda
for February 20, 2007; Minutes of January 16, 2007.
(2) Bayshore Beautification M.S.T.U. Advisory Committee: Agenda for
February 7, 2007; Minutes of January 10, 2007 Special Meeting.
(3) Emerqency Medical Services Advisory Council: Minutes of
January 30, 2007.
(4) Collier County Citizens Corps Advisory Committee: Corrected
Minutes of November 15, 2006.
(5) Collier County Public Vehicle Advisory Committee: Agenda for
February 5, 2007.
(6) Collier County Domestic Animal Services Advisory Committee:
Minutes of December 5, 2006.
(7) Immokalee Master Plan & Visioninq Committee and CRA Advisory
Board/EZDA Joint Meetinq:
(a) Immokalee Enterprise Zone Development Aqency and the
Redevelopment Area Advisory Board: Agenda for January
17, 2007.
H :\DA T A \FRONT DESK - 2007\2007 Miscellaneous Correspondence\022707 _mise _ corr.doc
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(b) Community Redevelopment AQency Advisory Board and
Immokalee Master Plan and VisioninQ Committee: Agenda
for January 17, 2007.
(c) Enterprise Zone Development AQency (EZDA): Agenda for
January 17, 2007; Agenda for December 20, 2006; Minutes
of December 20, 2006.
(d) Community Redevelopment AQency Advisory Board:
Agenda for January 17, 2007.
(e) Immokalee Local Redevelopment Advisory Board and
Immokalee Master Plan and VisioninQ Committee: Minutes
of December 20, 2006 Joint Meeting.
H:\DATA\FRONT DESK - 2007\2007 Miscellaneous Correspondence\022707_misc_corr.doc
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January 12, 20th
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COLLIER COUNTY GOVERNMENT
''';1,) I11fTl! ;it);Ot!(}iS
CITY OF NAPLES GOVERNMENT
EAST NAPLES FIRE CONTROL & RESCUE DISTRICT
Public Meeting to discuss the Interlocal Service Boundary Agreement
relative to the proposed annexation of the Collier Park of Commerce
by the City of Naples, pursuant to Chapter 1 71, Florida Statutes on
January 12,2007, at 1 :30 p.m., County Attorney Office, W. Harmon
Turner Building (Bldg. F), Collier County Government Center.
PRESENT: Jim Mudd, County Manager
Robert Lee, City Manager
Chief Robert Schank
County Commissioner Jim Coletta
E. Naples Fire Commissioner Angela Davis
Chief Michael Brown
Leo Ochs, Collier County Manager's Office
Dan Mercer, Public Works, City of Naples
Chief Jim McEvoy, City of Naples MIsc. Corres: 1___1 ~
Laura Spurgeon, Johnson Engineering Date--.2:./ ~
Robert D. Pritt, Attorney, City of Naples Item#: I~I lit I
David Weigel, County Attorney Cc" '0.
Mike Pettit, Assistant County Attorney
Laura Donaldson, Special Counsel E. Naples Fire Dist.
Bob Middleton, Public Works, City of Naples
Mike Sheffield, County Manager's Office
ALSO PRESENT:
J. Rautio, Jack Pointer, Lois Selfon, and Aisling Swift
Page 1
16' 1
January 12, 2007
COUNTY MANAGER MUDD: This is phase two of 171
Florida Statutes, and has to do with a good faith negotiation on
interlocal service boundary agreements as it relates to the Horseshoe
property .
What do you want to call that, the Naples Park of Commerce
property?
CITY MANAGER LEE: Collier Park of Commerce.
COUNTY MANAGER MUDD: Collier Park of Commerce.
Well, he'll change it to the Naples Park of Commerce after it's over, no
doubt.
CITY MANAGER LEE: It's still in Collier.
COUNTY MANAGER MUDD: But we -- to talk about that
particular piece.
And then under -- and what I did -- Mike, did you try to -- what I
tried to do is put together everything that has passed between us and
around us, resolutions and everything in one packet so we'd at least
have it someplace.
And we could start. If we're missing something, we can include
it later in that particular parcel and process.
There are -- and just so you know, I've read your Urban Services
Report, okay, and I don't know if everybody in this room has read the
Urban Services Report. If you haven't, fine, we'll get you a copy. If
you have, that's great too.
Today is kind of an introductory piece on how we're going to
proceed. The Florida statutes are quite clear, I believe, in this
particular regard.
We've got it within a six -month period of time and a good faith
negotiation to come up with an agreement.
Is that your read on that, Bob?
CITY MANAGER LEE: I think we -- yes, we do the best we
can. It talks about, you know, looking at the most proficient way of
addressing this. A matter that -- yes, up till six months. And
Page 2
16 I 1
January 12, 2007
hopefully we can do something much sooner than that.
COUNTY MANAGER MUDD: Urn-hum.
From the county's side, we've invited the East Naples Fire
District, and received a letter in response with a resolution that said
that East Naples Fire District wanted to be part of this negotiation.
I believe in your reply to us, you invited the Bayshore CRA. The
Bayshore CRA is the Board of County Commissioners, okay. So in
that particular regard they're involved.
And you also invited the North Naples Fire District; is that
correct? And you have replied by resolution, I believe.
CHIEF BROWN: That's correct.
COUNTY MANAGER MUDD: Okay. There's some confusion
on my part with the additional addressees. And it's okay, we're all
here. But I'm just going to be very forthright with the concerns that
we had, because the Bayshore CRA and the North Naples Fire District
in this particular piece of property that they were going to annex really
doesn't have accountability or a part to play in that particular property.
And I believe the intent of asking them to come from the city
side, and I'm not going to speak for you, but at least from what I could
gamer were these were areas that abutted the city, and the city might
have in the future an annexation request from a -- from a property or a
homeowner's association or whatever for future annexation, and you
wanted them to be part of this process.
CITY MANAGER LEE: Yeah, let me address that.
First, if I may, I do want to start by thanking you for hosting this
meeting. And I do want to let folks know that also present here is our
Public Works Director Dan Mercer, Utility Director Bob Middleton
and Jim McEvoy, our Fire Chief. But the reason we had -- and I
expect shortly our city attorney, Robert Pritt.
But the reason we invited the North Naples Fire District was
because we understood that they shared a station with East Naples.
CHIEF SCHANK: That's correct.
Page 3
16' 1
January 12,2007
CITY MANAGER LEE: And it's more a belt and suspenders
thing. I mean, we didn't want to let anyone out that should be invited
as far as a CRA. It may be that that's not the -- they have no standing
here.
But that's the only reason we invited those two was we just didn't
want to leave anyone out if there was standing. We just weren't
certain of that 100 percent. So I appreciate your clarification on that.
CHIEF BROWN: If I could, we sent a letter from the city asking
whether we wanted to participate in the discussions with reference to
annexation, and we returned that in the affirmative. And certainly we
-- any agreements or any discussions that took place that dealt with
future annexations would be our concerns in terms of boilerplate type
of a coming up with some kind of a way that you're going to proceed
in the future. We just want to be part of that process in those
discussi ons.
CITY MANAGER LEE: Well, I did not address the other
portion of the County Manager's question, and that is our intent is just
to deal with this annexation. It was not intended to look at future
annexations or possible annexations, so it would be more in our error
if more than -- if people were invited here that were beyond what were
necessary. But it's Collier Park of Commerce is what we're responding
to.
COUNTY MANAGER MUDD: That's Chief Brown. And he's
the chief for North Naples Fire District.
Okay, one of the things that I was going to ask, and Bob, you
saying that, and you had talked about a boilerplate -- Chief.
One of the things -- and this particular hearing has everything to
do with the Collier Park of Commerce owners association request for
annexation and coming up with that interlocal agreement.
The -- there was a joint city/county council/commission meeting
just a little while ago, okay, in December, I think it was the 18th?
Close.
Page 4
January16ol7 1
CITY MANAGER LEE: It was when I had that bad jaw and
tooth. It was a Monday afternoon.
COUNTY MANAGER MUDD: Yeah, do you have your dental
bills yet?
CITY MANAGER LEE: Yes, thank you.
COUNTY MANAGER MUDD: And so the -- what -- one of the
things that was a result of that meeting was the direction to staffs to
come up with some kind of a boilerplate for future annexations. And
it might be something that we want to keep in mind as we go through
this, because as this goes through, this might be a precursor to what
that finally ends up being.
CITY MANAGER LEE: And I would suggest that if we could
focus on the Collier Park of Commerce, that may be something
subsequently to look at.
One of the things our city's going through right now, one of the
processes is a visioning process. And it was referenced therein by our
counsel, they wanted to make sure that the citizens participated in
whether or not we even want to pursue any additional annexations, or
to what extent, if we do.
So I just want to qualify my comments with saying that in terms
of anything beyond this, there is a process that's underway right now
in the city that will give direction to our city council as to, you know,
what they want to do with annexation on a broader perspective than
just the Collier Park of Commerce.
COUNTY MANAGER MUDD: Okay. Is there anything that
I've missed on the opening? And we're still missing the Naples
attorney. And it's because of the dam elevator, okay. We've got one
elevator that's down under maintenance and there's only one working,
and that's why the Commissioner and I were here waiting.
I either need to install mirrors by the elevator buttons so people
can primp and not worry about how long it's taking them to get the
elevator to show up. That's been known to work in other places. Just
Page 5
161 1
January 12,2007
take a look at any bank building and any big corporate building. The
whole lobby's full of mirrors, and it's because people watch
themselves and they don't pay attention to how long it takes for the
elevator to get here.
But the elevator is a little slow in this building. It was slow when
there was two, it's really extremely slow right now.
If you want to wait a little bit until he's here?
CITY MANAGER LEE: No, I think we ought to proceed. And
again, he should be here shortly.
COUNTY MANAGER MUDD: Okay. Part of the resolution
that the county used to start off this process, and it's the original
resolution, it's the one that's double-folded so it should go with your--
Bob, in your packet.
And if you have a packet that was stapled together, and Mike
Sheffield did pass them out, look for the one that's legal size paper
that's been folded over.
And it says, now therefore -- and I'm on the second page. And
we could go through all the whereas's.
Now therefore be it resolved by the Board of County
Commissioners that the above whereas clauses are incorporated
herein. The county, as the initiating county herein, designates the City
of Naples as the county-invited municipality.
And it goes on, the county designated land area, and it goes to
specifics on paragraph four.
Paragraph five, the county designated issues for negotiation are
any and all issues concerning service delivery, fiscal responsibilities,
and/or boundary alignments.
The interlocal service boundary agreement issues may include
but need not be limited to the following: Identifying the municipal
servIce area.
And I think we have already identified that: Am I correct?
CITY MANAGER LEE: Correct.
Page 6
161 1
January 12, 2007
COUNTY MANAGER MUDD: Identify an unincorporated
service area, okay. And we'll talk about that a little bit probably as it
relates to water and sewer and that kind of business.
Identify the local government's responsibility for delivering the
fund -- or funding of the following services within the municipal
services area or the unincorporated services area, including public
safety, fire emergency, rescue and medical, water and wastewater,
road ownership, construction and maintenance, conservation, parks
and recreation, stormwater management and drainage, garbage/trash
collection and recycling.
The interlocal service boundary agreement may establish a
process and schedule of annexation of an area within the designated
municipal services area, if any, consistent with the Act Section
171.205.
And then it goes on to give some statements. But I believe
paragraph five are those things that we need to talk about and try to at
least make that part of the agreement, okay, at the end.
Am I pretty well-- now I'm going to look to our attorney, Mr.
David Weigel, and his deputy, Mr. Michael Pritt (sic) for some--
MR. PETTIT: Not Pritt, that's their attorney.
COUNTY MANAGER MUDD: Pettit. I got it. Michael and
Bob.
Did I miss anything?
MR. PETTIT: I don't believe so, Mr. Mudd.
There's some additional-- on the next page there is some
additional information that comes directly out of the statute that
allows this agreement to also include decisions related to land use
processes.
COUNTY MANAGER MUDD: Okay.
MR. PETTIT: So I just wanted to make you aware of that.
COUNTY MANAGER MUDD: The -- so let's talk. The first
number one, public safety.
Page 7
Janlf>J, 20J
CITY MANAGER LEE: Okay.
COUNTY MANAGER MUDD: Right now in that particular
area, the area falls under the East Naples Fire District. And they
collect a millage on that particular area of 1.5 mills; is that correct,
Chief Schank?
CHIEF SCHANK: Correct.
COUNTY MANAGER MUDD: It also is provided service by
county EMS, which I believe is also a tenant in that joint facility; is
that correct?
CHIEF SCHANK: That's correct.
COUNTY MANAGER MUDD: And in order to do that, when I
looked at your Urban Services Report, there was a section that talked
about -- and I'm going to have to go to it real quick. I think it's on
Page 6 of the Urban Services Report. That's also part of your packet,
Chief. And it has to do with the paragraph above parks and recreation.
It says, at this time the funding for the remaining annual
operating cost of $1.15 million related to the operation of the stations
number three expanded is not yet identified, which should be funded
by growth prior annexations and future annexations.
And so there is a shortfall or a shortcoming in what's been
described in that Urban Services Report. So I'm trying to figure out, is
there any risk of diminishment of providing that service for public
safety, i.e., fire, because of that shortfall in at least funding at this
particular time for that designated facility? And that's what I'd like to
try to --
CITY MANAGER LEE: Yeah, I can address that.
Yes, you have to read the whole section. If you read the Page 4
through Page 6, this latter part was to make it clear that after four
years we're going to need to be providing additional revenue sources
for the purposes of identifying the actual staffing.
And as you read this, this was not just for Collier Park of
Commerce. We've had other annexations east, in the eastern part of
Page 8
161 I
January 12,2007
our city. And the concept here is that let's take a look at this entire
area. We have a fire station there, which is at the airport.
Our expectation is that for the first four years of this agreement
East Naples would continue to provide the service, as we have had
with other annexations.
But we need -- if we're going to be taking it over, which is what
we're proposing, we want to look from a city standpoint and fire
service for that area, and as we should. When we take on an
annexation, how does it impact any other areas that exist in that
immediate area?
One notable one is the airport. The reason that station is there is
because it services the airport. But there are other properties adjacent
to the airport and east of, you know, that area. Goodlette-Frank Road,
as an example.
So we're looking a little broader than that and saying well, four
years from now let's take a look at our areas and let's make sure that
we're showing some foresight in fire protection services in that area
where this fire station is and where this annexation is.
But in terms of Collier Park of Commerce, we have incorporated
what we consider their share of those costs into this report.
COUNTY MANAGER MUDD: Another piece that comes to
mind, and I don't know enough about the operation of the fire station
at the airport. And--
CITY MANAGER LEE: Chief is here.
COUNTY MANAGER MUDD: -- hopefully I'll get some help.
We have mutual help protocols all over the county.
Does the fire station that's on the airport respond outside of the
airport? Does it leave the airport proper to respond to a call from
somebody else, or are they pretty well locked into -- because you have
airplanes flying in and out all the time, are they pretty well locked into
that particular facility?
CHIEF MCEVOY: At the airport specialized equipment has
Page 9
161 1
January 12, 2007
1,500 gallons of water, lots of foam.
So the answer is yes, it can be called out. When it is called out
then we backfill that station from one of our in-town stations, one of
our two engine companies move into the -- yes, they do respond out
when requested. Typically they don't have to.
COUNTY MANAGER MUDD: For ease of this discussion, if
you just -- if you're going to make a comment, just state your name in
the front. That would make it a whole lot easier for the record.
COMMISSIONER COLETTA: And I do have a comment.
Commissioner Jim Coletta.
Bob, you know, the purpose of this meeting, and I assume
everything we're trying to do here is to make sure that we serve the
public purpose in the best possible way for the City of Naples, Collier
County, East Naples, North Naples, whatever.
CITY MANAGER LEE: Yes, sir.
COMMISSIONER COLETTA: And I'm hearing this discussion
about the fire departments and who's responsible and how it's going to
be done and the difference of money and how it's going to cover the
cost.
Well, we already have an infrastructure in place that's doing that.
And so we're talking about maybe discontinuing that infrastructure
after five years.
Maybe we're missing the point, we're missing a tremendous
opportunity. Why don't we go back to the drawing boards and look at
the possibility of consolidation of the fire departments and making it
independent, one independent fire department? Then there wouldn't
be the kind of problem that we're anticipating as far as who assumes
control or what happens.
And this starts the movement towards that eventual day we're
going to get when the whole county will probably be under one
emergency service director type of operation with their own
commissioners. And I think it would be a wonderful start, and it
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January 12, 2007
would certainly remove some of the barriers as far as the difference
between Naples Fire Department, East Naples Fire Department.
Just a thought.
CITY MANAGER LEE: Well, I think you raise an excellent
point, Commissioner. I don't know that I see this annexation being the
annexation to try to make that countywide effort happen. There are a
lot of politics that go in, as we all know, with several independent
districts.
The efficiencies you talk about, I think many of these
independent districts, and I don't want to speak for them, agree. I
think one of the challenges is who's going to be responsible and what
does that mean for their particular organizations.
But I think generally your concept of trying to find proficiency,
and I think that's what I was hearing from you, in service and delivery
of service and making sure people are getting that service. But no
argument from me on that.
COMMISSIONER COLETTA: So the idea of maybe -- because
right now we're looking at consolidation with the City of Marco as a
possible step to be able to move things forward. It mayor may not
happen. I don't know, it's still in the discussion stages.
What's wrong with being able to carry this discussion to the next
step where we look at a consolidation between the City of Naples and
East Naples?
CITY MANAGER LEE: Well, I think that, you know, we'd
certainly be glad to sit down and talk about that. I just don't know that
this annexation should be held up for that discussion, because I think
that's a much broader discussion and has a lot of different
ramifications, will take a lot of work, will take a lot of evaluation by
both East Naples and the city.
Because again, if we're talking citywide and the whole -- I don't
know the exact size of East Naples, but there's a lot more to -- that
would be involved with that discussion that I think would take this --
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January 12,90J7
1
and perhaps elongate this process longer than what we both would like
to see happen.
But the general concept, I don't have an argument with the idea
of having some discussions, but I would respectfully suggest it not be
part of this particular annexation.
MS. DONALDSON: This is Laura Donaldson. I'm here as
special counsel to East Naples.
I think, one, on the discussion of consolidation, unlike the county
and the City of Marco, that can be done internally, whereas with a
special district in the city, that's a legislative act, since the independent
special district was created by special act.
So I think that would cause quite a delay, because
constitutionally, we've missed the deadline and there would have to be
a referendum. So I think that that would delay the process on this.
But one of the issues of efficiencies, the statute does allow the
city to elect not to provide fire services and remain status quo. East
Naples would continue to provide fire services, there wouldn't have to
be a new fire station, and the statute provides for that currently.
It's just -- the city just says we're not going to elect to provide
services. Status quo we remain. Basically both of our boundaries
would encompass Commerce Park and we would continue on.
So that is one option that hasn't been brought up yet -- I know we
just started the discussion -- is just let East Naples continue to be the
service provider, keep Commerce Park remaining in the district. I
think not only does it provide efficiency, it deals with the premium tax
issue, which is an issue that will need to be addressed during this
process, because that's an equity issue for our firefighters, as well as
dealing with the regulatory scheme of who provides the inspections, et
cetera.
So I think that there is a very easy way to keep it, you know, East
Naples remains the service provider, there won't be a new station and
other issues can get put to rest, if that's even an option.
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January '2~O!7 1
CITY MANAGER LEE: We would certainly -- I mean, if you
have a proposal, we'd be glad to look at that.
(Mf. Pritt enters the room.)
CITY MANAGER LEE: I think it's -- if you look at the millage
of one and a half mills for fire service in East Naples and you look at
the city's entire millage of 1.24 mills, of which only a portion of that is
paid -- pays the fire service, what we'd be saying is let's -- in this
particular case, the Collier Park of Commerce would be paying in
addition to the city millage of 1.24, but they would also now be
paying 1.5 mills, which others within the city boundaries are not
having to pay. So that would be one hurdle that we would have to get
over.
If there was a dollar amount that was worked out -- and I think
this is going to be difficult for East Naples to do this -- that would be
less than the one and a half mills if it were -- if you said something
like, you know, the city will charge -- and I'm just throwing a number
out -- you know, .35 mills or something for this annexation, then that
might make sense for us to talk about.
But I think it would put you in a difficult position to have part of
your district paying one thing and then the rest of your district paying
one and a half times.
MS. DONALDSON: Right. That's not an option. I mean, that's
-- the district cannot agree to take a millage rate below that what they
are collecting.
CITY MANAGER LEE: Exactly. And we assumed that that
was the case. We've had other discussions on annexations. So that's
the reason we didn't.
As a matter of fact, we've had one, the Rufina property. We've
gone through this exercise before. And that was the reason why we put
what we put in the Urban Services Report.
CHIEF SCHANK: Bob Schank, Fire Chief, East Naples Fire
Department.
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January 12,2007
I don't have clear cut numbers, but I'm sitting here listening how
you're going to have to -- as Manager Mudd stated, we have an
infrastructure in place. If those owners of Commerce Park were
willing to keep us as an option, whether they are or not, you're still
going to have to build an infrastructure yourself. We're talking about
putting another station that's only less than two miles probably from
another station.
We talked about automatic aid, mutual aid. I've stated this before
from the city when we had other annexations, we have automatic aid
out there, mutual aid. And it was all out there, as the Board of County
Commissioners directed us as the districts to work together and
cooperate.
But what I saw happening, and it wasn't under Manager Lee, it
was under a different city manager, use that very issue against us. Oh,
we don't need to worry about fire protection because we've got
automatic aid. That's never what it was intended for. It was to
cooperate and work together.
But when you start taking dollars out of our pocket and then
giving us the paper back, we've got a little problem with that.
Like I said, I don't have the numbers, but you're still going to
have to build stations. And 1.5, I think I heard, million and something
you're going to have to work on for capital. You've got to hire
manpower and all that. I don't know. And you're talking future
annexation. It's already there.
I just can't see why, if the people there and the owners are willing
to do it, why not do it?
One day you will see that consolidation, there's no doubt in my
mind. I'm not sure you'll see it with the cities, though. That's another
issue. You do with the districts, but if the city's willing to come in, I
don't know. Because they'll also have to pay money one day more for
fire protection. You're not going to get it for .35.
CITY MANAGER LEE: There's been a lot of discussion in the
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January 12, 2007
past about consolidation. I haven't seen it. There's been a lot of
discussion, though. The districts have gotten together. I know there's
a proposal, some discussion with Marco and the county.
But countywide, as the Commissioner was saying, I mean, if you
look at it countywide and you could plat out the stations that way and
the resources that way, and if everyone genuinely wants to sit at the
table. I know our Chief is more than willing to sit at the table to talk
about that. So you're getting no differences of opinion generally from
us.
I guess what -- again, the position in this particular case is this
annexation of, you know, 100 acres, give or take, is not going to
address the issue that we're talking about countywide. And that's my
only point. That's going to take in, I think Attorney Barnes, Laura,
had clarified that even better than what I could.
COUNTY MANAGER MUDD: Okay. Now I don't know want
to -- and this is a conversation, and again, there isn't a whole lot of
precedent for this particular part of 171.
Dr. Lee basically just mentioned that, you know, are you willing
to give a proposal? And he talked about millage rate issues.
Chief, you basically came back and talked about service.
I would suggest, and this is just me, to come back and talk about
service the next time and even talk with the Chief from the City of
Naples and see if there's something on the service issue that's left out
that hasn't been addressed or whatever in order to work that out.
And I understand the millage issue, okay, but I'm talking about
from the service side of the house. And in the 171 process it basically
says that if there can't be something worked out, okay, i.e., either
leave it alone or they're going to take it, that you are compensated for
a four-year period of time by the annexing municipality at your
standard millage for four years, okay. So that part is still in the statute
and still there.
Now, in that negotiation process that could even be negotiated.
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January 12, 2007
So I would ask you, okay, to take a look at that.
And we won't have the next meeting tomorrow, I promise. We'll
give it some time, a month or so, and then we'll come back and we'll
talk about those things that are still on the table and discuss those
particular issues.
Does that sound amiable to you?
MS. DONALDSON: No, we can draft a proposal and get it to
the City of Naples, as well as talk to the property owners and see what
their position is at least for the fire services issue.
CITY MANAGER LEE: And again, first of all, I'd like -- if we
could meet sooner than a month, I'd like to do that.
Secondly, I don't want to be disingenuous about where we're
going forward with this. We've had discussions in the past regarding
providing those services. I know we've come to where we are as to
what we've proposed in the Urban Services Report. But I certainly
would welcome, if you have something different you'd like us to take
a look at.
As the County Manager mentioned, we're not locked into that.
That state statute does say -- provide us some agreement if we can't
come to some agreement. And that's what's provided in this Urban
Services Report.
But if you do have something for us to look at, it would certainly
be appropriate and responsible for us to look at.
CHIEF BROWN: I'd like to interject something. We share a
station with this group. This is an East Naples issues, but the
annexations that you're talking about, there's no growth -- planning for
growth for building fire stations and hiring personnel and buying fire
trucks. And in four years those people, what do we do with those
folks?
And that's an issue that continues on. I mean, we're trying to plan
for the future, and these annexations.
Certainly if it can't be settled through the current law, then that
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January J ~o~ 1
law needs to be looked at. That certainly isn't going to be revolved at
this table, but it will be resolved somewhere else.
And it's hard to plan for the future when they start taking pieces
of what you planned for. And that's a difficult process, what's
happening in East Naples right now, what we're fearful will happen in
North Naples as well.
So that's a problem that's going to be ongoing, and that issue
needs to be dealt with in a better way than just four years and you're
out. And that's what I see. I mean, that's the law. So--
CITY MANAGER LEE: I think that the four years does provide
for some planning. There's some activities in growth four years from
now that you're not even aware of in your districts that are actually
going to occur, to what level. So it's very difficult. You need to plan.
It's difficult to be that precise.
But again, we agree with the general concept of looking at who's
providing fire service. And I don't want to make this meeting all
about fire service, but who are the service providers in the county, and
are there more efficient -- proficient ways to plan in the future for
those services? So that everybody is getting good fire service and not
having a situation where you have fire stations across the street from
each other in some areas of the county and in other areas of the county
you're spread out significant distances.
So, I mean, you can't argue with that point.
COUNTY MANAGER MUDD: Leo, you have something?
MR. OCHS: Yeah, I just wanted to ask a follow-on question, if I
might. Leo Ochs, Deputy County Manager.
Dr. Lee, if you don't -- if the City Council ends up not annexing
the Commerce Park, did I understand you to say that you still intend to
pursue expansion of station three to provide other backup to your
primary -- or your two existing stations? Or is this expansion
triggered or determined ultimately on whether or not the City Council
will annex the Commerce Park?
Page 1 7
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January 12, 2007
CITY MANAGER LEE: No, it's not contingent upon whether
they determine to annex the park.
We need to responsibly look at the service areas we have. I think
one of the things that does happen when -- if you annex little pieces,
soon you have a big piece of property that's beyond what you were
providing service for in the past.
And I commend our fire chief, because when we were looking at
the Urban Services Report, initially we didn't look at expanding that
station. But we want to make sure, I mean, we have, as has been
mentioned before, ISO rating of two. We have certain criteria we
want to maintain in level of service and expectations for anyone in the
city. And that's one of the reasons we looked at what we're looking at
here.
But even with that, ultimately, of course the City Council will be
the deciding factor as to what if any additional level of service, fire
service, we're providing out there.
MR. OCHS: Thank you.
COUNTY MANAGER MUDD: Part of this is an expansion --
while we're still on the subject -- is an expansion of the station on the
airport. At least that's my take.
Do you have to go through any approval process? You created
this beast called the Airport Authority, okay, that basically doesn't
respond to your City Council but are basically their own independent
decision-making authority. The only thing the board has control over
is filling vacancies.
Do you have to go through an approval process? Because I've
asked them a couple of times as a county for certain things and it
hasn't been much fun. And I'm wondering if you have to go through
that same process with them and has that already been agreed upon?
CITY MANAGER LEE: In terms of the Airport Authority, we
do have a, I have to say, I think we have a good relationship with the
Authority. I certainly do with the executive director.
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January 12, 2007
We have had some preliminary discussions with them on this.
They understand it. It's not a requisite. It only benefits them to have
an expanded fire service right there in addition to what's already
provided. So they would be very supportive.
COUNTY MANAGER MUDD: Okay. But you still have to go
through an approval process with them?
CITY MANAGER LEE: I'll let the city attorney address that.
He's here --
MR. PRITT: Bob Pritt, City Attorney.
Approval process for what?
COUNTY MANAGER MUDD: Building on the Airport
Authority .
MR. PRITT: Well, the city owns the land.
CITY MANAGER LEE: City owns the land.
MR. PRITT: The city owns the land underneath the airport --
underneath the airport. So I'm not aware of any process that we have
to go through.
COUNTY MANAGER MUDD: Okay, I'm just trying to ask. I
mean, if there's something in here that--
MR. PRITT: They have to go through processes in the city in
order to build on the land --
CITY MANAGER LEE: And we certainly will let them know,
want them to know. You're talking about a legal question, I think
you've addressed that --
COUNTY MANAGER MUDD: I'm wondering ifbuilding on
the Airport Authority has to be approved by the Airport Authority
before it can happen. And that's the question I have.
You might own the land, but I don't believe you have the
authority to build on the Airport Authority unless that Airport
Authority says yes.
CITY MANAGER LEE: Depends on what it is that we're
building. Again, we're talking about an expansion, not major, major,
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January 12,2007
but expansion of a fire station that they're supportive of, and I'm sure
they would be --
MR. PRITT: I think the parties do have to deal with each other
on it. But as far as ultimate decision-making, that's something that --
COUNTY MANAGER MUDD: Yeah, I don't know that much
about it. I'm just asking the question.
CHIEF BROWN: Generally from the FAA standpoint you can't
deliver fire service on a regular basis to surrounding areas from the
airport fire station. You can do it on an occasional basis, but you can't
provide fire protection to the surrounding areas from the airport.
That's supposed to be designed for airport fire protection.
And I think if you ask the Chief, that's the -- it's not -- it's the
exception that you go outside the parameters of the airport, but not as
a rule.
CHIEF MCEVOY: This is Jim McEvoy, Fire Chief of the City
of Naples.
You have to provide the level of protection required by the index
of the airport. If you're over that and that -- we meet that with the
crash truck and the crash rescue vehicle -- if you're over that, then it
matters not where that apparatus responds to.
I'm not talking about putting additional specialized aircraft rescue
fire fighting apparatus on the airport, we're talking about an engine
company.
CITY MANAGER LEE: Does that clarify things?
COUNTY MANAGER MUDD: I'm just asking some questions
MR. PRITT: Those are the types of issues that we -- I'm sure
we'll face when we deal with them.
COUNTY MANAGER MUDD: Okay. All right. There's some
things that are still out there outstanding and we'll try to address them
at the next meeting, if there's anything. And I think we've covered
public safety.
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January 12, 2007
One piece that's on the table, and I believe your police force is
going to police that on a regular basis.
CITY MANAGER LEE: That's correct.
COUNTY MANAGER MUDD: And you still have the sheriffs
agreements and things like that that will basically -- does anyone at
this table know of any holes or items that we haven't thought about as
far as police protection is concerned from a safety standpoint?
I'm just -- if not, we'll move to --
CITY MANAGER LEE: We have no independent police
districts.
COUNTY MANAGER MUDD: No independent airport
authorities. Okay. And that's what I was talking about before. It's not
a dependent, it's an independent.
MR. PRITT: Actually, that's not 100 percent staffed.
COUNTY MANAGER MUDD: It isn't?
MR. PRITT: It has a measure of independence, but there still is
the power of appointment. And that's one of the attributes of a
dependent, that you know what some of the services you have.
COUNTY MANAGER MUDD: Okay.
MR.OCHS: Okay.
COUNTY MANAGER MUDD: Brings us to water and
wastewater on the particular agenda.
Right now in this particular area, water is provided by the City of
Naples.
CITY MANAGER LEE: Correct.
COUNTY MANAGER MUDD: And for -- I'm just going to call
it sewer, okay. You guys got this fancy term wastewater, okay, and
the next thing we'll get into is affluent with an A, okay? But we'll just
call it sewer. And the sewer service is provided by the county.
In your Urban Services Report, you talk about that particular
arrangement still staying in place.
CITY MANAGER LEE: Correct.
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January l;,k071
COUNTY MANAGER MUDD: You also quote in the Urban
Services Report the section from 1 71 that says, and I don't have it with
me, but you're talking a similar service or whatever, municipal
services, that the responsibility of the annexing municipality is to
make sure that a similar service is being provided, okay?
CITY MANAGER LEE: Uh-uh.
COUNTY MANAGER MUDD: We would -- from a county
perspective, we would prefer that the city provide the sewer service to
that particular area.
We believe that a similar service is not only of a municipal kind
but it's also of a municipal price. And I believe that similar means
exactly that. If you take a look at the sewer -- if you take a look at the
county rate structure, our rate structure is higher than the city's rate
structure. There might be a couple categories that are different, but the
county's rate structure is higher.
Part and parcel of that has to do with the state's agencies, okay --
and we'll just call it the state, but there's numerous agencies --
requirements that the county use alternative water sources to feed the
growth in the county. So the county has been forced to use reverse
osmosis and brackish water sources in order to provide potable water
to the citizens of Collier County to the tune -- well, today the county
provides over 40 percent of its potable water to its citizens through
brackish water sources. And within the next year it will be 54 percent
of the potable water in the county is being provided from brackish
water sources.
Now, that isn't a new item, because I talked about that particular
dimension of water supply with the South Florida water governing
board in your chambers at the City of Naples yesterday as we talked
about future needs.
I also talked to them that having them push toward 80 percent
brackish versus 20 percent fresh would be a bridge too far for the
county, because water production would be so expensive that we
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might think about drinking gold instead of water in the future. And
they kind of agreed with us.
But because we've had that demand to go to alternative water
sources, not only in the use of our potable water from brackish
sources, but also in our reclaim program in order to push that
dimension.
Our water and sewer rates are higher than the city's. And I will
say to you, even with the 25 percent surcharge, our rates are higher
than the city's, okay, if you're providing to an outside service area.
And as you grow as a city, I believe that your consumptive use
permits and things from South Florida whatever are going -- you are
going to find that you are going to be limited about as to how much
fresh water that you can draw and you'll enter the dimension of
reverse osmosis and brackish water, seawater, whatever it takes as we
go through this process.
But from a county perspective, we would rather the city assume
the sewer service so that it stays within the process within the
municipal control of that particular amenity.
There's several ways that that can happen: You could pay the
county for the infrastructure that's underneath. I would tell you that
that's probably not really good, because we've got pieces of our
programs that are intermeshed all over the boundary between the
municipality and the city right now. And we might consider a swap of
service area in order to -- in order to satisfy that particular issue.
And we might want to talk about that later, next meeting or
whatever. But from a county perspective, I wanted to make sure that
you understand where we would prefer that to be.
Now, you weren't the city manager, Dr. Lee, in this particular
issue, but I want to make sure you understand some of the hesitancy
we have in providing a service and it being in the city and you
receiving the phone calls, okay, for the service not being provided or
whatever.
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January 12, 2007
And we've done very, very well, don't get me wrong, in the areas
where you provide service or we provide service in the city or you
provide it out of the city. And I want to make sure that you
understand that your public utilities folks, public works folks have
been absolutely professional in every manner. And I'm looking at the
two gentlemen that are sitting right there. Just need to coordinate their
shirts a little bit better. At least the color thereof, okay. I think we've
got the same make and model, just the color's a little different.
CITY MANAGER LEE: This is a guy who has pink flamingoes
on his tie.
COUNTY MANAGER MUDD: That's right. And it matches
the shirt striping, you'll notice that.
CITY MANAGER LEE: I know, you look like you just stepped
out of a catalog.
COUNTY MANAGER MUDD: That's right. No problem.
And so -- but I want to bring a different area and a different beat
when you weren't the manager. And this is something that's kind of sat
burning for a while.
But when -- and right now you are in charge of cleaning your
beach, and you have the rates and that kind of business, and we
provide those dollars out of the tourist development tax. And that has
happened since you've been the county manager.
And one of the reasons that from a county perspective I didn't
have any complaint or angst about that particular issue is what I'm
about ready to talk about.
The previous county manager, and I was the -- excuse me, city
manager, and I was the county manager, and we had received a letter
from the city that basically said please don't rake the beach anymore
because we want it to go back into a natural state. And I received that
from the manager, and it had gone through the City Council.
And then we had a series of events that transpired on the beach
where one month we got all kinds of dead fish all over the place
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JanuarylJ~2!07 1
because of red tide. And as soon as we got that cleaned up another
month we had seaweed from hell that showed up. And it seemed like
every month it alternated between dead fish and seaweed.
And I had received this letter from the city that said we want to
have it go back in a natural state. And so we abided by what the city
wanted. And it was up to the city to call us to tell us to engage the
rakes or whatever to clean the beach up.
And staff had asked -- called city staff and said hey, do you want
us to come rake this up, because it's all over the county, man, and
we're raking like crazy. We -- you know, do you think? No, we have
to wait.
And then all of a sudden the calls started coming in from the city
residents complaining about the stinking seaweed, literally stinking,
smelling, odoriferous. And then the answer that the city folks got was
well, the county hasn't raked our beach yet.
And so what I don't want to have is that kind of angst, okay,
between -- and oh, by the way, then the city resident called the county
and said the city staff just said that you didn't do it, why didn't you do
it, you bunch of bums? Why are you treating the city as second class
citizens?
And I would really like that not to occur. And in those particular
cases where we could avoid it by arranging services under control and
we could make it very separate and distinct, that would be a good
thing, I think.
I'm not causing any angst to present staff, I'm just telling you in
the past that did happen.
So if there's a way that when this annexation occurs that the
water and sewer is provided by the city, we would like that to happen,
okay, in total.
Now, it might not be able to happen. And then I would say if
we're going to take a look at the statute in link services, we probably
need to have a link services in rate. And there might be a charge of a
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JanJJ?2!200~
city rate to those customers, even though the county's providing it.
And the difference between your rate and the county's rate being given
to the county, because that's the rate that the county has set. So it's
something to think about.
You want to wait till the next time to talk about that?
CITY MANAGER LEE: Let me make a few comments so that
we know perhaps what we're to be working on the next time we get
together.
What's included in the Urban Services Report is based on law
and what's -- and precedent.
As you rightly point out, we currently are providing water and
sewer services to areas in the unincorporated area. And I think that
works out well.
As a matter of fact, this is one of those services where both the
city and the county have cooperated extremely well. When the county
had an issue, before I came here, I know it was a big issue, there was
some interconnect and services were provided to the county that the
city provided, and these were areas that we wouldn't normally provide.
And the best case I can think of relatively recently other than the
complex was with Wilma, and how the county was a lifesaver to the
city when we needed water and we had our lines broken, et cetera.
So I want to make it clear for anyone here, we do cooperate
extremely well, the city and the county, on these utility services. And
I appreciate Jim's comments about the public works director and the
utility director, because ditto, it has worked out extremely well.
With that said, and your comment about the city -- or the county
wanting the city to provide the service, I think our one concern would
be just to look at to see -- again, I know I come -- coming from a
financial standpoint, but I would be looking to see if we could make it
revenue neutral, if that's possible.
And -- but again, that would be a proposal we're certainly
welcome to look at from you next time. Or if you get it to us ahead of
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January 12, 2007
time, then we'll be prepared to talk about that.
COUNTY MANAGER MUDD: Well, I'd like to engage not
only our utility staff but your utility staff on that particular issue so
they can work through that. I could come up with a proposal, but
unless they talk, you know, then they're back at it again and we just
prolong this. And I'm not too sure that's what we want.
CITY MANAGER LEE: Yes, we don't want to prolong it. If
you have anything specific, we'll certainly address that right -- take it
back today.
Otherwise, what I'm suggesting is in the interim if you have
something and you want to send it off to us, we can work on that and
be ready for the next meeting.
COUNTY MANAGER MUDD: Okay.
CITY MANAGER LEE: And the staffs can even talk during that
time.
COUNTY MANAGER MUDD: One of the things that -- even
though it says water and wastewater, one of the things -- and I don't
believe that there's any portion of that -- of this proposed annexation
parcel of 100 acres that receives reclaimed water. I don't think there's
any irrigation water in there that I know of --
CITY MANAGER LEE: I don't think so.
COUNTY MANAGER MUDD: -- unless you guys know of it.
But you do know that our board passed a resolution that basically
says upon annexation the reclaimed water gets turned off and then
they go on potable or whatever the city wants to provide? I just want
to make sure that we all know that that resolution is there. And I think
I haven't said anything that folks at this table didn't know.
CITY MANAGER LEE: To my knowledge, that's not an issue
in this particular annexation. For the record, we do -- there is a
different point of view from our legal counsel when that issue came up
before. But it's not an issue here, and I don't think we need to address
it.
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January 122to71
COUNTY MANAGER MUDD: Good.
Anything else on water and wastewater?
(No response.)
COUNTY MANAGER MUDD: All right, let's move to road
ownership, construction and maintenance.
Okay, we're -- we, the county, are assuming that once you annex
that particular property, all maintenance responsibility for the roads in
that 100 acres are the responsibility of the city.
CITY MANAGER LEE: That's correct. Those public roadways
would be the responsibility of the city.
COUNTY MANAGER MUDD: And with that comes the
lighting of those roadways, the drainage off of those roadways, okay,
and I just want to make sure that's clear. And I believe you addressed
that even in your Urban Services Report or something that backed it
up. You were talking about maintaining the stormwater --
CITY MANAGER LEE: Yes. In answer to your question, the
public roadways and the drainage as part of that would be assumed by
the city.
MR. MERCER: That's correct.
COUNTY MANAGER MUDD: Okay, I think we're square on
that. There's some kind of roads in between that aren't public, or that
you mentioned in your Urban Services Report that I believe that I
guess there's an association in there or whatever that it's their
responsibility in order to get it.
I'm not too sure if they have some kind of a -- I'm showing my
ignorance here, but I don't know if there's some kind of an association
dues or whatever that folks are responsible for.
CITY MANAGER LEE: I believe there is. And there's a
representative here from the association, if you needed that clarified.
MS. SPURGEON: Hi. I'm Laura Spurgeon with Johnson
Engineering. I represent Collier Park of Commerce for the
annexation.
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JanUary~P2J07 1
There is a property owners association that maintains certain
drainage and those alleyways that you're describing.
CITY MANAGER LEE: Just for the record, maybe I should
enter it at this time as well.
If this annexation is to occur, one of the things that will be part of
it is an agreement that requires that the Collier Park of Commerce
would bring the public road up to a sufficient level, resurfacing, et
cetera, within a specific time. I think it was 18 months. But bring it
up to a standard.
And then the city would -- as contingent -- the annexation would
be contingent upon that. That would be part of the development
agreement -- annexation agreement, I'm sorry.
COUNTY MANAGER MUDD: Okay. And those are the roads
that intersect --
CITY MANAGER LEE: Public roadways. That's the public
road that we would be responsible for. When we take it over, we want
it to be in a condition that is where the maintenance has been
addressed. We don't want to take over a road that has a lot of
maintenance problems.
And they've agreed to that.
MS. SPURGEON: We've been discussing that, yes.
COUNTY MANAGER MUDD: Okay, so you've been
discussing it. There's a difference between discussing and agreeing --
CITY MANAGER LEE: Well, we don't have the agreement
signed yet but there's been a -- that's part of what is being proposed for
annexation.
MS. SPURGEON: There's an understanding that the city expects
this to be a fully up to level of service standard road condition when it
enters the city. And it hasn't specifically been maintained that way
thus far.
COMMISSIONER COLETTA: Is there any idea -- this is
Commissioner Coletta again -- any idea what the cost would be to
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Janul Q, 10071
bring the roads up to that particular point?
CITY MANAGER LEE: I understand it's somewhere around
175, $200,000, something like that.
COMMISSIONER COLETTA: So that would have to go into
the ledger for the loss side for the park owners, people that live in the
park itself?
COUNTY MANAGER MUDD: Right.
MR. MERCER: Just for clarification -- Dan Mercer -- it's about
250,000.
CITY MANAGER LEE: 250, okay.
MR. MERCER: 250,000.
COMMISSIONER COLETTA: That's for how much in roads,
how many feet of roads?
MR. MERCER: It's to rebuild them for the 1.5 mile stretch.
COMMISSIONER COLETTA: And 250,000.
And how many people benefit from this road? Just trying to put it
together in my head what this is -- we're talking.
How many people? Tenants or property owners.
MS. SPURGEON: We have approximately 80 property owners.
COMMISSIONER COLETTA: So it would be 80, and 250 more
of less what the cost would be for the property owner.
MS. SPURGEON: Correct.
COMMISSIONER COLETTA: And that would be up front cost
or they's bond it out or what?
MS. SPURGEON: I don't know.
COMMISSIONER COLETTA: You don't know. Thank you.
MR. OCHS: Excuse me, just a follow on. Leo Dchs.
Are the assessments going to be made equally per property
owner, or is it based on some lineal front footage? Or do you know?
MS. SPURGEON: I never heard of a lineal measurement. But I
haven't been in all the negotiations regarding the road.
MR. OCHS: We own several properties there so I'm wondering,
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January 12, 2007
is every property owner paying the same share or is it based on square
footage of your property or lineal front footage, or is it an assessment
or a tax?
CITY MANAGER LEE: I was under the understanding that they
were -- you're part of the association?
MR. OCHS: No.
CITY MANAGER LEE: You're not part of the association,
right?
MR.OCHS: Well, we're property owners. I don't know how
they're going to assess. They just said they're going to assess all the
property owners in the Commerce Park. And the board owns at least
four, four parcels of land there. I know the district owns one.
COUNTY MANAGER MUDD: We own three.
MR. OCHS: Three or four.
CITY MANAGER LEE: This would be our proposal to the City
Council with the annexation that that occur. Whether that is a
requisite or not, I don't know whether they're going to require that.
But that's what the discussions have been thus far. There's been a
verbal agreement. I don't know if there's even something in writing.
Dan, do you recall? We may have something --
MR. MERCER: Dan Mercer, for the record.
What we have right now is a written proposal quote from a
contractor that was provided to Chad Lund. And it's broken down. It
was estimated on the lineal feet, but I don't know how it's going to be
applied to the property owners.
COMMISSIONER COLETTA: If I may, Commissioner Coletta
agaIn.
When the final numbers all come together, I would assume that
there's going to be a property owners' meeting of all the different
entities out there to be able to take some sort of vote? Or is it going to
be decided by a property owners association where maybe some of the
people don't have any say into it?
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January l;, 2t07 1
I'm a little curious how the structure is going to be for the people
that are owning property in there as far as the final decision.
MS. SPURGEON: There's actually already been consents filed
from the required number of voters in the Collier Park of Commerce.
So they met the threshold for the number of consents that they need to
proceed with annexation.
COMMISSIONER COLETTA: But now, do they have the right
to come back and make a final determination when they find out what
the cost is for the roads and everything else --
MS. SPURGEON: Right--
COMMISSIONER COLETTA: -- or are they done now, they
have no more say?
MS. SPURGEON: No, that couldn't be agreed to without the--
COMMISSIONER COLETTA: Okay. When that time does
come, when all the final numbers are together, all entities that own
property including the county, the Sheriff's Department, fire
department, everything else would also have a vote by -- probably by
the -- that would be weighted against how much property they own or
how many square feet of road surface that they occupy by some sort
of mechanism so there would be a final decision made at an open
forum?
MS. SPURGEON: Right. I understand that whatever cost is
incurred to get the roads up to par would be only paid for by willing
parties.
COMMISSIONER COLETTA: I'm sorry, that don't make sense.
In other words, if we're not a willing party, we don't pay?
COUNTY MANAGER MUDD: Commissioner, this is -- let's
put it this way. When that meeting transpires, the Chairman of the
Board of County Commissioners and the County Manager want to be
invited, because we are going to represent our particular properties on
Horseshoe Drive.
MS. SPURGEON: I understand all property owners are invited.
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January 12, 2007
COUNTY MANAGER MUDD: Good. Because I believe that
your financials that you had at your meeting that you gave to the folks
that were around the table was May of 2005 when you had your one
and only meeting with everybody that was there.
The financials have changed, the millage rate of the City of
Naples has changed. I don't believe that the road maintenance piece
was part of that financial that was displayed to the folks.
So I believe there are some things that need to be discussed
amongst that group if annexation is going to be predicated upon
making that road acceptable to the City of Naples.
COMMISSIONER COLETTA: And if I may, I don't think any
meeting should take place amongst the property owners association
unless the Chairman of the Collier County Commission gets a direct
invitation. And that's put on the record now as due notice.
CITY MANAGER LEE: Thank you, Commissioner and Mr.
Manager.
I think -- and that is something that -- you mentioned something
about 2005. This was a more recent development or request from our
staff --
MR.OCHS: I understand--
CITY MANAGER LEE: -- to look at the assessment. And I
think that of course one of the alternatives is that the county could
resurface it before we take it over. But I don't know that that would be
the case with the annexation.
And I'm not being facetious. I'm just saying it is a public
roadway and we were looking for a way to say listen, if we're going to
look at the annexation, we have to be responsible in making our
recommendation. And that is an expense that we feel that the property
owners should incur.
And that's -- and I just wanted to put that on the record today
rather than have that be a surprise was all.
COMMISSIONER COLETTA: That's the right thing to do.
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January 12, 2007
COUNTY MANAGER MUDD: Did we talk enough about roads
and stormwater? I think we got --
CITY MANAGER LEE: I have.
COUNTY MANAGER MUDD: Okay. I think I've got our
pIece.
Brings us to conservation parks and recreation. I don't believe
that has much to do about this, okay.
CITY MANAGER LEE: No.
COUNTY MANAGER MUDD: Okay. Brings us to garbage,
trash collection and recycling, okay. And I'm not too sure exactly
what you had in your Urban Services Report.
Does every one of those particular businesses have dumpster
service with a separate contract with a vendor?
MR. MERCER: Dan Mercer, for the record. I'm not sure it's a
separate contract with every property owner, but I know Waste
Management I think is responsible for all the collection on Horseshoe
Drive.
COUNTY MANAGER MUDD: You're right, because it's in
their district. What I'm trying to find out is, is it part of -- and I guess
it's something I'm going to have to find out about. And I'd ask you to
take a look. Is it part of the county's residential curbside service, or is
there something special going on?
I mean, it's pretty much a Commerce Park. I don't think they're
making a lot of widgets there is what I'm trying to get at. So you're
not going to get a lot of industrial waste from those particular
buildings. I'm not too sure if it's a series of rollouts that they use in
order to be picked up and how that works. But I'll check into that.
MR. MERCER: For the whole area, it is considered commercial,
so I presume that it would have to be dumpster service.
CITY MANAGER LEE: I would think so.
In the Urban Services Report, just for the record, we were just
going to follow state law relative to that service. I think it's up to five
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January 12, 2007
years. Some of them may have individual contracts. When they
expire, that's when we would be responsible for assuming the service.
COMMISSIONER COLETTA: Just one question if I may, Dr.
Lee. The county requires a certain amount of recycling take place.
What would happen to that particular program?
MR. MERCER: At this time we do not require or mandate
commercial to recycle. However, a lot of them do the cardboard and
so forth. But that's done by each individual property owner.
COMMISSIONER COLETTA: So it would go from a
mandatory program to a voluntary program?
MR. MERCER: When the city takes it over, that's correct.
CITY MANAGER LEE: Commissioner, you raise a good point,
though. And I would like us to, before next meeting, for us to take a
look at that. And that particular area I think you raised, it's a very
important point.
COMMISSIONER COLETTA: It's a big concern to all the
citizens of Collier County and the City of Naples.
CITY MANAGER LEE: So I don't know what if anything
would change, but rather than make that -- we'll take a look at it before
the next meeting.
COMMISSIONER COLETTA: Thank you.
COUNTY MANAGER MUDD: Okay, the last piece that I want
to make sure that we're at least cognizant of has to do with the
properties as zoned in that particular Commerce Park.
The county has significant issues with Airport Road everywhere
between Golden Gate -- well, they have significant issues with Airport
Road in the entire length that it's there, okay, in its level of service.
The level of service on that particular road is predicated by things
that have already been zoned, vested, so to speak, sitting on that
particular -- or abutting that particular road, and this particular
property does abut that road. So it does have a zoning issue.
And the present zoning, from what I understand, that the county
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January 12, ~007
zoning doesn't have a companion zone category within the city code.
I also know that that zoned property stays zoned as it is with the
county until the city can do a compo plan amendment, okay?
The county will look very closely at that compo plan amendment
in the future zoning, and if there is any intensity in the use of that
particular property, I believe the county will object, okay, to the DCA
on that particular issue.
So I want to make sure that if the development organization has
visions of grandeur in a higher intensity use on that particular property
and that's what they're predicating this annexation on, that it be put on
the record today, the county will fight that tooth and nail. And I don't
think I've overexaggerated it one bit.
I don't buy we're doing this because we can get permits through
quicker, because I have got here every permit that's been issued and
the time that it's taken in that particular development from time
immortal, okay, and it doesn't support that argument. So there's
something else there that meets the eye and I'd like to get to it. But
I'm not going to get to it in that meeting.
But I will say if the zoned intensity of that particular property is
more intense than it is today, and that's predicated on the level of
service of Airport Road, the county will have problems with that. I
just want to make sure you --
COMMISSIONER COLETTA: If I may add to that, Mr. Mudd.
Not only the county will, but I'm sure that concurrency is a big issue
for the city residents, too.
And I'm sure that when that point in time does come that there
will have to be a statement of fact issued. I would expect at least a
white paper so that the residents within the City of Naples know what
they'll have to contend with with any expansion of the business park.
CITY MANAGER LEE: Let me just address and reaffirm that.
Number one, until such time -- assuming the annexation occurs
and you do have the land use and zoning, of course that's what would
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JanuaJJ~ 2!07 1
be followed if, when a compo plan amendment is made.
If there's any request to do any -- increase the density, for
example, as referenced, I'm not in a position, nor should I be, to
comment on what the council would do. There's a public hearing
process, and I certainly wouldn't want to prejudice that as to what that
decision is, even for the applicant.
But the good news is I think that one of the things of recent that
was agreed upon by our council and I think it was actually a county
initiative was if there are any improvements within, I think it's a half
mile of our borders, that we would let the others know. And I think
what was it, a 10-day period, Jim, at least to have some public
response to whatever that is. And although it's voluntary, I know the
respective boards will take that very serious.
COUNTY MANAGER MUDD: Well, that's a step in the right
direction.
CITY MANAGER LEE: And I think it's a step in the right
direction.
COUNTY MANAGER MUDD: Sure. I just let you know we've
got some issues with Airport Road, and you need to know about that,
okay. And if we're not taking a look at that, I believe that we could
get ourselves in a different thing.
Now, last thing, and it's more of a request by the county, that
when -- I've got the admin. annex for the sheriff on that particular
compound, I've got the entire transportation division on that
compound, and I've got all of community development's
environmental services on that compound. All of those particular
entities use a lot of electricity and a lot of phones.
And I know that you have a surcharge, surtax, excise tax,
whatever you want to call it. I hope I didn't miss something that you
call it.
CITY MANAGER LEE: Utility tax.
COUNTY MANAGER MUDD: You have a utility tax on both
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January 12, 2007
of those particular issues.
I would ask that in this interlocal agreement that we at least
discuss -- we would -- the county would prefer not to pay those taxes
on those particular services on those particular issues.
And I know that Chief Schank is buying a piece of property over
there so he can expand his fire review for the county in that particular
regard. And in buying that particular parcel, he had to -- his district
had to, in a clause to buy the property, had to agree to the annexation.
I hope I'm not speaking out of turn.
That was a clause. But I will tell you because they bought that
piece of property and that clause was in there and it's the only way
they could get a piece of property that was close to community
development's environmental services. And my conversations with
Chief Schank, that wasn't them acquiescing to we like this annexation
as far as the fire district is concerned. And I hope I haven't spoke out
of turn.
But you have a future building there that's going to have a
government service in it. And I believe that that request that the
county is making for at least its three activities on the Horseshoe
compound would apply to the fourth, yours.
CHIEF SCHANK: You are correct.
CITY MANAGER LEE: Okay, we'll discuss --
COUNTY MANAGER MUDD: Take it into account. We can--
it doesn't have to be decided here. We have some more meetings to do
it.
Now, I'm going to --
MR. PRITT: I have a question on that. Have you had anybody
check to see whether or not that's at all lawful to have that type of
exception?
COUNTY MANAGER MUDD: No, I have not. I will. And I
know you will, too.
MS. RAUTIO: May I make a point of clarification? Chief
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JanuJ" 6, 10071
Schank and East Naples represents all five of the fire districts. So they
happen to be the administrators under the interlocal agreement.
This is lA. Rautio, citizen Rautio.
However, our boards as a previous fire commissioner, had some
discussion and have had discussion about the issue of purchasing that
property and the clause that said you had to acquiesce to the
annexation.
And I as an individual fire commissioner did not feel that we
should give up our powers for such an issue. And it will probably
come up again at some point for discussion.
So it would be nice if somebody would check that out, because
they represent all of us, as the administrator for the fire code official's
office, all five fire districts.
COUNTY MANAGER MUDD: Yeah, they -- Bob, just so you
know, might not know, they rotate that over a period of time. The last
-- between fire districts, okay.
MS. RAUTIO: It used to be North Naples and we gave it to East
Naples.
COUNTY MANAGER MUDD: Now it's East Naples. And
there will be another district that sometime in the future will be the
steward of that particular review process and then it will go to another
district. It might return, but that's the way they've worked it through
the process.
MR. OCHS: It may have changed.
MS. DONALDSON: Laura Donaldson. I think it's staying with
East Naples from here on out.
CHIEF SCHANK: It would have still been with North at the
time. They had some issues they had to take care of and they did a
great job of taking care of their issues in the interim we took it.
COUNTY MANAGER MUDD: I understand.
Now, County Attorney, did I miss anything in this particular -- I
think I've got all our issues out from a manager perspective from the
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JanU~22!07 1
legal side of the house and any other things that this discussion (sic).
And then I'm going to -- and Bob, I've done a lot of the talking,
I'm going to let you talk, or we can leave those things to do on the list
and next meeting we'll come up with an agenda.
And we do have a public comment piece in here. And I don't
have sign-up cards. I'm just going to ask if anybody has to comment
to raise their hand and then I'll call upon them. And we can do that
after we get through that, okay?
CITY MANAGER LEE: Sounds good.
No, I think we've covered it. I like this venue. I appreciate the
way you've set this up very much. I'll just ask our city attorney, public
works utility directors, fire chief, whether they have anything to add at
this time.
MR. PRITT: Bob Pritt, city attorney.
Did you get an answer from the county attorney's office as to
whether or not they had anymore issues?
COUNTY MANAGER MUDD: No, I didn't get that yet.
MR. PRITT: If so, I just couldn't see it or hear it.
MR. PETTIT: At this point I don't know of any.
MR. PRITT: I can't imagine that they wouldn't have something.
COUNTY MANAGER MUDD: No, he said at this particular
time he doesn't know of any. But next meeting we could find some.
MR. PRITT: Thanks.
CITY MANAGER LEE: Anyone?
CHIEF MCEVOY: Nothing.
CITY MANAGER LEE: No, thank you. We're finished for
today.
COUNTY MANAGER MUDD: Okay. So on the to-do list, I'm
looking at sewer swap. I'm looking at fire proposal. The road issue
raised its head a little bit. And garbage and recyclables to do as things
to come back and investigate to come back at the next meeting.
CITY MANAGER LEE: Just so we can designate
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Jan!~J 20J
responsibilities, we'll start from the back. Weare going to reexamine
what the recyclable arrangement is. We can come back and respond
to that.
I understand the East Naples Fire District was going to prepare
some sort of proposal. Again, I would urge you to get that to us
before the next meeting so we can take a look at it.
And I think in terms of the taxes, I don't know, were you going to
provide something to us based on that?
MR. PETTIT: Our office will independently look at the utility
tax issue.
MR. PRITT: I would ask that you share that with us. And we'll
share anything we have with you.
MR. PETTIT: Okay, thank you.
CITY MANAGER LEE: As far as the wastewater, the city
taking that over as proposed, if you could provide a proposal for us on
that as well, then we can --
COUNTY MANAGER MUDD: I'm going to do that proposal as
we coordinate with your staff, and I'll have my staff talk with your
staff so we get that worked out.
CITY MANAGER LEE: Okay. Again, I know we're going to be
opening up to the public, but in terms of the time to get together, you
know, as soon as we can with our schedules.
COUNTY MANAGER MUDD: Let's shoot for 30 days, but no
later than 30 days.
CITY MANAGER LEE: No later than 30 days.
COUNTY MANAGER MUDD: And this should give
everybody an opportunity to work out what they do -- it will be close
to 30 days, okay. I'm going to shoot 20,30.
What I'll do is I'll have our folks, my secretary, take a look, call
yours and make sure everybody's schedule's okay.
Chief Schank, you with me? Chief Brown, you with me? And
we'll see if we're okay with schedules, and then we'll do a public
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January 12, 2007
announcement.
I would ask, do you want to continue to have it here or do you
want to have the next one in the city or -- and work through that?
CITY MANAGER LEE: Is there a preference, Bob?
MR. PRITT: I think the city ought to host the next one.
CITY MANAGER LEE: Okay, we can do that.
COUNTY MANAGER MUDD: Okay. Are you going to
provide the court reporter next time? Because we are taking minutes
of this, and we'll -- how long will it take you to get --
MR. PRITT: We don't do it that way. My proposal would be
that we do it the way we do in the city. If you want to bring a court
reporter, go ahead.
COMMISSIONER COLETTA: I'm sorry, I'm going to have to
raise some objection. There's a cost incurred with this. And I think
that it would be fair with the whole thing that either we divide the cost
of it or you pick up the court reporter for the other end.
The public has the right to these records. And these records can
only be generated at the cost to someone.
MR. PRITT: Well, it's up to the City Manager, the Mayor. We
came over here, we did it the way you do it because this is the way
you do it. And--
COMMISSIONER COLETTA: I know.
MR. PRITT: We just don't do a court reporter over there at the
city, that's the only difference --
CITY MANAGER LEE: We don't do it with any of our
meetings but --
MR. PRITT: I don't want to raise a big issue about it either.
COMMISSIONER COLETTA: But public records, the right to
public records, and the public having the right to know.
MR. PRITT: We are very--
MR. PETTIT: Mr. Pritt, we understand your position.
MR. PRITT: We understand the right to public records as well
Page 42
Janua)A47 1
as the county does.
CITY MANAGER LEE: Well, let me see if we can work that
out.
The point is, let's get the date. And as far as the venue, that's
why I said this looks comfortable here. I like these comfortable
chairs, we don't have chairs quite as nice as this and enough room.
But I think the city attorney's point, when we are somewhere, we
follow whatever that procedure is. And we do have a certain
procedure that we use at the city.
MR. PETTIT: The only point I would make, Dr. Lee and Mr.
Pritt, is that these are in the nature of negotiations as well as a public
meeting. And if agreements are made orally, it would be maybe
conducive both to the parties and the public to have an actual verbatim
record rather than handwritten notes.
I understand that there's no absolute requirement to have a court
reporter.
MR. PRITT: The meetings are taped.
CITY MANAGER LEE: Yeah, our meetings are all taped.
MR. PRITT: It's not like you have it verbatim.
CITY MANAGER LEE: We will--Iet's get the -- we'll work
that out. I don't think it's an issue for anyone of the other parties.
COUNTY MANAGER MUDD: Any other issues on the table?
(N 0 response.)
COUNTY MANAGER MUDD: Okay. Any comments from the
general public? You want to speak, just raise your hand and -- any?
(No response.)
COUNTY MANAGER MUDD: Are we okay? Everybody
square?
Commissioner Coletta, we okay?
COMMISSIONER COLETTA: I'm fine. I really do appreciate
everybody being here today, and I'm looking forward to the next
meeting.
Page 43
. 16' 1
January 12, 2007
MR.OCHS: Jim, one last thing. We had a sign-up sheet passed
around. If everybody would be kind enough to make sure --
CITY MANAGER LEE: I'm supposed to turn that in?
MR.OCHS: Michael will make sure you get--
COUNTY MANAGER MUDD: Anything else? Any alibis?
(No response.)
COUNTY MANAGER MUDD: Thank you very much. This
meeting is adjourned.
(The meeting was adjourned at 3:00 p.m.)
*****
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
JIM COLETTA, Chairman
ATTEST:
DWIGHT E. BROCK, CLERK
These minutes approved by the Board on
presented or as corrected
, as
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICES, INC., BY CHERIE NOTTINGHAM.
Page 44
161 1
Radio Road Beautification M.S.T.U.
Advisory Committee
2885 Horseshoe Drive South
Naples FL 34104
AGENDA
/ .....
~~::s._-~/ -=
Hennin~.
Coyle - 1/'
Coletta ---
February 20, 2007
I. Call Meeting to Order
II. Attendance
III. Approval of Agenda
IV. Approval of Minutes: January 16, 2007
V. Transportation Services Report
A. Budget Report- Lisa Hendrickson
B. Project Manager Report - Darryl Richard
VI. Landscape Maintenance Report
A. Monthly Report- Advanced Lawn
VII. Landscape Architects Report- Michael McGee
A. Monthly Report
B. Radio Road Project Phase-I
VIII. Old Business
A. Greenway Path Public Meeting and Plans
IX. New Business
X. Committee Member Comments
XI. Public Comments
XII. Adjournment
Misc. Corres:
The next meeting is scheduled for March 20, 20074:30 p.m.
2885 Horseshoe Drive South Date:
Naples, FL 34104
c1./ ;;;). 7/0 7-
I
Item#:~
1
Copies to.
161 1
Radio Road Beautification M.S.T.U.
Advisory Committee
2885 Horseshoe Drive South
Naples FL 34104
January 16,2007
MINUTES
I. The meeting was called to order by Chairman Dale Lewis at 4:30 p.m.
II. Attendance
Members: Helen Carella, Bill Jaeger (absent), Dale Lewis, Betty Schudel
County: Darryl Richard- Project Manager, Tessie Sillery- MSTU Project
Coordinator, Lisa Hendrickson, Management Budget Analyst
Others: Frank Kip and Mike Luneke- Advanced Lawn, Michael McGee-
McGee & Associates, Michelle L. S. Guerrero- Mancan.
Dale Lewis moved to have a letter sent to Bill Jaeger that his is no
longer on the Committee due to his attendance. Second by Betty
Schudel. Motion carries unanimously 3-0.
Darryl Richard read from the Ordinance regarding attendance.
III. Approval of Agenda
Betty Schudel moved to approve the agenda. Second by Helen
Carella. Motion carries unanimously 3-0.
IV. Approval of Minutes: November 21,2006
Change:
Page #2 under line item "B. Project Manager Report - Darryl Richard"
should read "Devonshire" instead of "Berkshire".
Betty Schudel moved to approve the November 21, 2006 minutes as
amended. Second by Helen Carella. Motion carries unanimously 3-
o.
V. Transportation Services Report
A. Budget Report- Lisa Hendrickson
Chairman Dale Lewis moved to the next line item to wait for the presenter.
B. Project Manager Report - Darryl Richard
1
Darryl Richard distributed and reviewed the report (see attachment) 16 I 1
noting:
Painting the median tips yellow and adding the median numbers on
Radio Road and Devonshire medians should occur in about 30
days for a cost of $1,252.00.
- A sub-consultant proposal for the Radio Road Phase I Curbing Plan
from McGee and Associates was distributed (see attachment).
Michael McGee noted that there was a misunderstanding on what the
County wanted in the plans. He submitted curbing plans at 100%, the
County wanted the plans to incorporate the County's median
improvements; therefore the proposal is for McGee & Associates to
incorporate the County plans and have revisions certified by an
engineer for a cost of $2,510.00.
Dale lewis moved to fund the Radio Road Phase I Curbing Plan
for $2,510.00. Second by Betty Schudel. Motion carries
unanimously 3-0.
Darryl Richard added that the McGee & Associates contract will be
extended for this project.
Darryl Richard continued his report:
One viable application was received for the open Radio Road
MSTU Committee Member position- David R. Clemens.
The Committee requested to have the applications for committee
members include a line to question if the person lives in the area
seasonally or year round.
Helen Carella moved to recommend David R. Clemens. Second
by Betty Schudel. Motion carries unanimously 3-0.
A. Budget Report- Lisa Hendrickson
Lisa Hendrickson distributed and reviewed the report (see
attachment).
The issue of the overstatement within the finances will be addressed at
the February meeting.
VI. landscape Maintenance Report
A. Monthly Report- Advanced lawn
Mike luneke reported:
Hedges have been trimmed off the sidewalk on Devonshire.
Irrigation repairs were made.
Insecticides will be sprayed on Devonshire and Radio Road.
Boganvilla east of Industrial Blvd. on Radio Road being eaten by
rats will be taken care of.
2
Tree stakes were removed.
- A queen palm that is leaning will be monitored.
161
1
VII. Landscape Architects Report- Michael McGee
A. Monthly Report
Michael McGee noted that the landscaping is looking good. The beds
on Radio Road from West of Blue Sky to Airport Road need to be
cleaned out. The Phase II and Phase III area beds should have
replacement plants if they get too thinned out during the cleaning.
B. Radio Road Project Phase- I
Michael McGee demonstrated a drawing of the Radio Road Phase I
Plans. He noted that the road expansion to six lanes is not slated to
occur for a long time.
The Committee agreed that they like the direction Michael McGee is
going with the plans.
Michael McGee will return next month with refined plans and a
possible project cost estimate.
VIII. Old Business
A. New Building by the Junk Yard
Office Condominiums have been built.
B. Greenway Path Public Meeting and Plans
The Committee would like to tie Phase II in with the Pathway Project.
Darryl Richard will report back on the Pathway Project next meeting.
IX. New Business
None
X. Committee Member Comments
None
XI. Public Comments
None
There being no further business to come before the Committee, the meeting was
adjourned at 5:39 p.m.
The next meeting is scheduled for February 20,20074:30 p.m.
2885 Horseshoe Drive South
Naples, FL 34104
3
16' 1
.
Radio Road Beautification M.S.T.U.
Advisory Committee
2885 Horseshoe Drive South
Naples FL 34104
January 16, 2007
Summary
A quorum was established the agenda and minutes approved.
II. Attendance
Members: Helen Carella, Bill Jaeger (absent), Dale Lewis, Betty Schudel
County: Darryl Richard- Project Manager, Tessie Sillery- MSTU Project
Coordinator, Lisa Hendrickson, Management Budget Analyst
Others: Frank Kip and Mike Luneke- Advanced Lawn, Michael McGee-
McGee & Associates, Michelle L. S. Guerrercr- Mancan.
Dale Lewis moved to have a letter sent to Bill Jaeger that his is no
longer on the Committee due to his attendance. Second by Betty
Schudel. Motion carries unanimously 3-0.
V. Transportation Services Report
B. Project Manager Report - Darryl Richard
Darryl Richard distributed and reviewed the report (see attachment)
noting:
Painting the median tips yellow and adding the median numbers on
Radio Road and Devonshire medians should occur in about 30
days for a cost of $1,252.00.
- A sub-consultant proposal for the Radio Road Phase I Curbing Plan
from McGee and Associates was distributed (see attachment).
Dale Lewis moved to fund the Radio Road Phase I Curbing Plan
for $2,510.00. Second by Betty Schudel. Motion carries
unanimously 3-0.
Darryl Richard continued his report:
One viable application was received for the open Radio Road
MSTU Committee Member position- David R. Clemens.
Helen Carella moved to recommend David R. Clemens. Second
by Betty Schudel. Motion carries unanimously 3-0.
1
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.Advisory Board Application
filson_s
From: daveclemens@comcast.net
Sent: Thursday, December 28,2006 9:20 AM
To: filson_s
Subject: New On-line Advisory Board Application Submitted
Advisory Board Application Form
Application was received on: 12/28/20069:19:32 AM.
Name: !David R. Clemens! Home Phone: ~30-435-90181
Home Address: 15041 Sunbury Court!
City: /Naple~ Zip Code: 134104-47311
Phone Numbers
Fax: I Business: ~39-304-260~
e-Mail Address:lctaveclemens~comcast.ne~
Work Place: !Defence Contract Management Agency!
How long have you lived in Collier County: ~
Have you ever been convicted of any offense against the law? ~
Are you a registered voter in Collier County? ~
Board / Committee Applied for: /Radio Road Beautification AdvisoryJ
Category: /Not indicatedj
Do you currently hold public offfice? ~
Do you currently or ever served on a Collier County Board or Committee? ~
Please list our communi activities:
ast president of River Pointe Marina Condominium Association. Past President of Brairwoo
esidents Committee and various offices within ~ committee.
Education:
A in Human Resource Management from USF with concentration in the psychological aspect
for anization structure.
12/28/2006
J.61 1
Design * Environmental Management * Planningj,,'\,I"i
~ TRANSMITTAL
D FACSIMILE
COVER SHEET
o MEMORANDUM
~CJee & A~
Landscape Architecture
5079 Tamiami Trail East
Naples, Florida 34113
Phone: (239) 417-0707
Fax: (239) 417-0708
Email: mcgeeassoc@aol.com
.~ ,~':- ~ . ~
:--;;:,.}:J
Date:
Attention:
11, 2007
Darryl Richards, Project Manger Radio Road Median Phase 1
To: Subject: Proposal modification 2006-
Tessie Sillery, Administrative Assistant 100MOD#1
Company: Collier County Transportation M&A Project No.: 150-162545-631403-600811
Alternative Transportation Modes
Address 2885 South Horseshoe Dr.
Fax No: Naples, FL 34104
I
Number of Sheets to Follow This Cover Sheet: 2 Original to Follow by Mail: ~ Yes o No I
I We are Transmitting the Following: D Letter ~ Proposal D Sketch D o Legal description
Invoice
D Other Proposal modification 2006-100MOD#1
o For approval D For your use D For your information ~ As requested o Reply is requested I
I
Darryl,
As per your request, attached is the Radio Road Median Renovation Phase 1 (One) Proposal modification 2006-
100MOD#1.
I 'm sending the original in the mail today, we are sorry for the delay.
Sharon Swanberry for Michael McGee
Copies To:
File
From:
Michael A. McGee, r.l.a.
Signature:
7/tidaet,,4. 11tetJee
CONFIDENTIALITY NOTE The information contained in this facsimile message is privileged and confidential information intended only for the use of individual or entity
named above. If the reader of this message is not the intended recipient, you are hereby notified that any use, dissemination, distribution or copy of this telecopy is strictly
prohibited. If you have received this telecopy in error, please immediately notify us by telephone and return the original message to us at the address above via United States
Postal Service. Thank vou.
C:\Documents and Settings\Jennifer\Desktop\TRANSMITT AL Templetes 11-2004\Darryl Richards Proposal modification Radio Rd.doc
1IUgee & r1~
161
1
Landscape Architecture
January 11, 2007
Mr. Darryl Richard, Project Manager,
Collier County Transportation Department
Alternative Transportation Modes
2885 Horseshoe Drive South
Naples, Florida 34104
Subject:
Project Name:
Request for Additional Landscape Architectural Services
Radio Road Median Renovation Phase I (One): From Devonshire Road to Blue Sky.
Contract: #04-3614: Landscape Architectural Services Fixed Term: BCC 9/21/04 16.E.8
Fund and Project No.: 150-162545-631403-600811.
Proposal Modification for additional services and inclusion of Sub-Consultant Engineer
firm for Radio Road Median Renovation Phase I (One) curbing and median modifications.
From Devonshire Blvd. to Blue Sky. (2006-1 00MOD#1 )
Dear Mr. Richard:
McGee & Associates is providing the following Additional Services for the above listed current project
Radio Road Phase I (One)
Additional Scooe of Services
1. Plans will be developed expanding from and including the information from the County's TECM
60 percent median access modification plans provided to us. A set of construction plans will be
developed in general compliance to the FOOT Plans Preparation Manuals format and per similar
project plans prepared by TECM for similar type projects. The plans will be developed for County
permitting, bidding and installation purposes. The plans will contain plan views, typical sections
and details to convey the information necessary for implementing the plans.
2. The County's 60% plans information provided to us to date includes no surveying work of the
existing site conditions or spot elevations. Based upon this the plans will be prepared without
providing any surveying work and will be based upon referencing the existing site conditions,
pavement slopes and/or drainage flows (Le. existing pavement elevations will be the base points
for reference within the plans). If the County wants site surveying of existing conditions this will be
an additional service fee item"
3. Retain the services of a Sub-Consultant Engineering firm as engineer of record for the median
access modification and median curbing plans.
4. Plans to be submitted for 100 percent plan review no later than the week of January 22nd, 2007.
Additional Service Fees:
1" See attached Revised 01/11/07 "Project Man Hour and Fee Support Calculations" schedule.
.,' ,- .'
'~;~;jA"/',:/'//
;;~)
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~;C~t( -
Michael A. McGee;"r.l.a", LS.a.
President, McGe"e & Associates. LC 098
Date:
Desigr'j ,. En~j'jronmentai Management * Planning ,': ,A,rborlst
-_=-"",..."""_~.,,,..~ -~- --~ , 1...4.....4._
5079 Tamiami Trail East f P. O. Box 8052 Naples, Florida 34101
Phone (239) 417-0707 * Fax (239) 417-0708
LC 098 * Fl1 023A
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January 16,2007
Prepared by: Darryl Richard, Project Manger, Collier County Department of Alternative Transportation
Modes
Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes
Radio Road MSTU Proiect Status
(R - 19) - ACTlVE- Painting of Radio Road Median Tips with Numbers - The median tips (bull-nose) are
to be painted yellow in accordance with FDOT standards with median numbers.
10-17-06: Committee approves not to exceed $2,500.00 for project. Directs staffto utilize annual
contractor. Trutwin annual is active for painting within ROW.
10-23-06: Direction to utilize 'in house' Road & Bridge Department funds and resources for project. Given
that the medians are 'County Property'.
11-20-06: John Vliet, Road & Bridge rejected plans to paint curb #'s on Radio Road.
11-20-06: Staff requested quote for Trutwin to paint curb #'s on Devonshire.
1-3-07: PO & NTP to Trutwin
(R - 13) - ACTIVE & ONGOING - Annual Services Contract: McGee & Associates
9-19-06: Radio Road MSTU Committee Approved proposal from McGee in the amount of: $11,445.00 for
annual consulting services.
11-3-06: NTP was given to McGee & Associates with a Project Completion Date - September 30, 2007.
(R- 12) - ACTIVE- LANDSCAPE PROJECT- Complete-Radio Road Landscape Project (Curbing,
Irrigation, and Plantings) - Work Order for Design to be initiated in FY-06 (October 1,2005); Construction
Cost: $810,000.00; Design Cost: $64,300.00 McGee & Associates
12-15-05-McGee sent notice to go 'on hold' for Project.
3-06-06 - McGee to revise scope of project as per Don Scott.
3-20-06 - McGee sent 'Go Ahead' on Work Order.
4-4-06-McGee submits request to modifY work order in amount of $6,696.00 (submit for Committee
Approval)
5-1-06; Radio Road Curbing Plan 30% Submittal Review is pending. May 2, 2006 meeting to address
Access Management issues.
5-15-06; Access mgmt. Meeting on 5-3-06 ; as per Diane Flagg project will be phased into Phases I and
Phase II. Dale Bathon confIrming with funding from transportation and Don Scott confIrming with
Transportation Administration.
5-30-06; Project is to include 3 phases, mcgee & assoc. to provide scope for phase I. - Pending
Phase I - From (Devonshire - West to western most boundry of Berkshire Lakes Subdivision)
Phase II - From ( Western most boundary ofBershire to Livingston)
Phase III - From (Livingston to Airport)
6-12-06: McGee & Associates preparing proposal for phase I, and waiting on fInal billing on old work
order.
6-27-06: Need McGee proposal for phase I.
7 -12-06: Need McGee proposal for phase I.
8-4-06: MSTU approved McGee Proposal for Phase I
8-22-06: Work Order for McGee Phase I is in process of SAP upload. PO number is pending. NTP is
anticipated by August 24,2006.
8-25-06: Diane Flagg request verifIcation that the Total Amount spent will not exceed the original Work
Order Amount of$64,300.00 (versus new proposal for: $17,330.00)
9-11-06: McGee & Associates sends correspondence in response to Staff request for confirmation of
anticipated cost for consulting for Phase I, II, and III combined. Copy provided for September 19, 2006
Radio Road MSTU regular meeting.
9-11-06: Notice to Proceed issued to McGee & Associates for Phase One Project; TLO-MA-3614-06-16;
P. O. #4500066290; Total net project is $17,330.02; Work Order time-line of 140 days with Project Start
Date is September 11,2006 and Project End Date is January 29, 2007.
1
16' 1
9-19-06: TECM Engineer Dale Bathon submits proposal for advancement ofa portion of Phase II Project
into the Phase I project scope from Livingston Rd. to Kings Way. The Radio Road MSTU Committee votes
to not include this section in Phase I Project. Phase One project schedule: Design Complete January 29,
2007; Bidding Phase February 2007; BCC Approval of Award March 13,2007; NTP April 30, 2007;
Construction 120 time-line with Completion by August 30,2007
11-21-06: McGee 100% submittal for Curbing Phase I has been rejected by TECM Engineers - TECM
recommends Sub-Consultant Engineer for Curbing Plans. TECM requires Signed & Sealed Plans by State
Licensed Engineer prior to approval.
1-16-07 Proposal from McGee for Sub Consultant - to be reviewed by Committee
(R-ll) COMPLETE - SDP PLAN REQUEST; SDP 3425 Radio Road - Plan review by Committee for
Landscape Plans submitted for development.
11-21-06: This SDP Plan does not affect MSTU/MSTD plantings or irrigations.
(R-15) - COMPLETE - Pavers for Foxfrre Medians
9-19-06: Radio Road MSTU votes to install pavers at the median tips (bull-nose) for the West Median and
East Median at Foxfrre.
9-19-06: Staff request Quote from Bonness for the paver installation.
10-10-06: Staff receives quote from Bonness in the amount of $9,257.70, Request to Purchase submitted.
11-6-06: Begin Construction of project by Bonness, Inc. pavers to match existing specification.
11-10-06: Project Completed
( R - 18) - COMPLETE - Radio Road Median Irrigation Conversion - Allamanda and Plumago Planting
Beds to be converted from drip line system to irrigation spray heads on risers.
10-17-06: Committee approves of conversion based on 112 funding no motion necessary. Mike McGee
advises Committee and Staff that conversion is necessary to ensure plant health.
10-30-06: Median irrigation conversion is progressing, irrigation mainline break is repaired during project.
11-6-06: Project Complete; Inspection for Punch-List to follow Nov. 6 to 9 for proper operation.
(R-I0) COMPLETE - SDP 7405 Devonshire Blvd- Plan review by Committee for Landscape Plans
submitted for development.
9-25-06: Plans reviewed with ROW. Contractor has removed shrubs on County ROWand will be required
to replace shrubs and damaged irrigation system.
10-17-06: Copy of Plans provided for Committee review. Landscaping found to be satisfactory.
( R - 17) - COMPLETE - Committee Chairman request for information regarding 'loan' to MSTU
9-19-06: Radio Road MSTU Committee Chairman request staff provide a report on options available to the
MSTU in so far as a 'loan' or advancement of funds. (1) What is the maximum amount? (2) Is there any
interest? (3) What is the amount of time allowed for repayment?
10-17-06: Staff provides answer as per discussion with Budget: (1) Maximum amount is determined by
'Project Need' which would be after all cost considerations are identified. Review and approval by County
Manager's Office/ County Attorney's Office Required; (2) Interest on loan would be negotiated through
County Manager's Office and County Attorney; (3) Amount oftime for repayment would be negotiated
through County Manager's Office and County Attorney; Note: The advancement of funds requires Board
of County Commissioner's approval.
(R - 14) - COMPLETE -Request from TECM Engineer Dale Bathon - Phase II Project item
9-19-06: Dale Bathon submits plans for a section of Phase II project (Livingston Rd. to Kings Way) for
inclusion into Phase I project.
9-19-06: Radio Road MSTU Committee votes notto include Phase II item into Phase I project.
(R-9) CANCELLED -Well Water Mitigation (Chemical Treatment of Well Water)- Cancelled-
September 12,2005: 8/16/05 committee cancelled project. Cost was determined to be excessive for annual
maintenance of filtration system.
2
16' 1
(R - 8) - COMPLETE -Milage Rate (.25 vs .50) - Dale Lewis requested for the history at the Budget
(Carry Forward vs Audit - follow up meeting) with all the MSTU Chairman -7-17-06
8-22-06: Sharon Newman's report is pending.
8-25-06: Norman Feder, Transportation Administrator accepts responsibility for the adjustment of the
Millage Rate from .50 to .25 (during FY-04 to FY-05). The Radio Road MSTU Committee may vote to
increase Millage back to .50 for the FY -08 Budget Request. Currently the Radio Road Project Funds are
sufficient for current project demands.
(R-7) - COMPLETE - Devonshire Maintenance (Fund 150)-Advanced Lawn Estimate 06-191; On
August 4,2006, By Committee Action, Committee approved $17,290.00 for items included in Advanced
Lawn estimate for Devonshire Maintenance (Fund 150). Scope of project is stump grinding, Viburnum
replacement and incidental irrigation repairs (included in quote, as per Frank Kip, owner)
8-24-06; Advanced Lawn Crews begin stump Grinding
8-25-06; Mike Luneke, Advanced Lawn confirms that stump grinding is at 100% completion. Staff to
inspect. Advanced Lawn will finish planting of Viburnum by 8-26-06.
8-31-06: Project is complete
(R - 6) - COMPLETE - Radio Road Maintenance (Fund 112) -Advanced Lawn Estimate 06-184, 06-185,
and 06-186; On August 4, 2006, Committee reviewed items included in Advanced Lawn estimate for Radio
Road Maintenance (Fund 112). Scope of project is replacement of Juniper Plants, installation of mulch
material, and installation of irrigation components.
8-25-06; Mike Luneke, Advanced Lawn confirms that project is at 100% completion. Staff to inspect.
(R-5) COMPLETE - PROJECT TRANSFERRED TO CAT FUNDING-CAT Bus Shelter
(R-4) -COMPLETE- Sod Refurbishment at median 1 Radio Road at Santa Barbara -COMPLETE-
Advanced Lawn.
(R-3) -COMPLETE-Pump Repair -Radio Road- COMPLETE; Repair By County
(R-2) -COMPLETE-Annual Maintenance Contract Bidding-
July 28,2005: NTP Contract 05-3686 Part II, issued to Advanced Lawn Maintenance - Completed
(R-l) COMPLETE -ARBORIST SERVICES CONTRACT; Committee requested McGee to provide quote
for arborist services. McGee Scope for Arborist Services cannot be approved as per LA 04-3614,
Landscape Architectural Services Fixed, Terms and Conditions. Additional Quotes requested as per
Committee Direction.
4-17-06; Davey Tree Company is low quote at $15,350.00 for both consultation and maintenance.(submit
for Committee Action)
5-1-06; Documentation for Request to Purchase submitted. PO is pending.
5-15-06: Project complete with Field Inspection pending
5-30-06 Inspection complete - contractor to perform additional fmal pruning late fall.
6-27-06: Final pruning in fall to be done
3
5a~shore 5eautification M.S.T.U.
Advisory Committee
2885 Horseshoe Drive South
Naples FL 34104
161
RECEIVED
JAN 3 1 2007
1,;"
.-
Aaenda
803m or County CommiSSioners,
j /
,-' I ~//
~1:,:S -==4=--==::"
Henning V
(,"" ~, --',- , _._'--.
,,,oyle___ __
Coletta __ __.__~___
February 7, 2007
I.
II.
III.
Call Meeting to Order
Attendance
Approval of Agenda
IV. Approval of Minutes
A. Approval of Bayshore Regular Meeting Minutes- January 3, 2007
B. Approval of Bayshore Special Meeting Minutes- January 10, 2007
V. Landscape Maintenance Report- Ground Zero
VI. Transportation Services Report
A. Budget - Lisa Hendrickson
B. Project Managers Report - Darryl Richard
VII. Old Business
A. Lights by Firehouse on Jeepers
B. MSTU and CRA "Bayshore" Signage Design Proposal
e. Recommend Applicant for Bayshore MSTU Advisory Board to BeC
VIII. New Business
A. CRA and Bayshore MSTU Coordination
B. FOOT LAP Grant Project
C. Tax Mileage Reduction
D. Meeting Schedule
E. Reorganization of MSTU
IX.
Public Comments
X.
Misc. Corres: I
Adjournment Date: :2 t d-I (j-:r-
The next meeting is Wednesday, March 7, 20074:00 PM. Item #:~
2740 Bayshore Drive, Unit 17
Copies il)
5a'yshore 5eautitication M.S.T.U.
Advisory Committee
2885 Horseshoe Drive South
Naples FL 34104
161
l~
January 10, 200'
Special Meetina Summary
A quorum was established and the agenda approved.
III. Approval of Agenda
Victor Brittain moved to proceed with the meeting without the other
candidates. Second by Maurice Gutierrez. Motion carries unanimously 4-0.
IV. Interview Bayshore MSTU Member Candidates
A. Joseph Borgia
B. Karla Gibbs
C. David Woodworth
D. Conrad Willkomm
V. Vote on Bayshore Member Candidates
Bill Neal recommended a secret ballot vote.
Darryl Richard and Michelle Guerrero advised the Chairman Bill Neal not to
have a secret ballot; that a motion of recommendation should be made to the
Board of County Commissioners.
A secret ballot vote was taken.
Darryl Richard announced that there were three Committee votes for Conrad
Willkomm and one vote for David Woodworth.
Tom Finn motioned to accept the vote as cast. Second by Maurice
Gutierrez. Motion carries unanimously 4-0.
1
E:>a~shore E:>eautitication M.S.T.U.
Advisory Committee
2885 Horseshoe Drive South
Naples FL 34104
,161
1
January 10, 200&'
Special Meetina Minutes
I. The meeting was called to order by Chairman Bill Neal at 4:01 p.m.
II. Attendance
Members: Victor Brittain, Tom Finn, Maurice Gutierrez, Bill Neal
County: Darryl Richard- Project Manager, Tessie Sillery- MSTU Project
Coordinator
Others: David Woodworth- Candidate, Conrad Willkomm- Candidate, Michelle
L. S. Guerrero- Mancan
III. Approval of Agenda
Add:
Line item "IV. Interview Bayshore MSTU Member Candidates, D. Conrad
Willkomm"
Victor Brittain moved to approve the agenda. Second by Maurice Gutierrez.
Motion carries unanimously 4-0.
Victor Brittain moved to proceed with the meeting without the other
candidates. Second by Maurice Gutierrez. Motion carries unanimously 4-0.
IV. Interview Bayshore MSTU Member Candidates
A. Joseph Borgia
Not present to interview.
B. Karla Gibbs
Not present to interview.
C. David Woodworth
1
. 161
David Woodworth introduced himself. He expressed interest in proper 1
lighting. He was interested in the MSTU because he has property within the
area.
D. Conrad Willkomm
Conrad Willkomm introduced himself. He noted that he is a practicing
attorney. He expressed interest in the MSTU because he would like to see
the great things that have been happening continue and be a part of it and he
owns property in the area.
V. Vote on Bayshore Member Candidates
Bill Neal recommended a secret ballot vote.
Darryl Richard and Michelle Guerrero advised the Chairman Bill Neal not to
have a secret ballot; that a motion of recommendation should be made to the
Board of County Commissioners.
A secret ballot vote was taken.
Darryl Richard announced that there were three Committee votes for Conrad
Willkomm and one vote for David Woodworth.
Tom Finn motioned to accept the vote as cast. Second by Maurice
Gutierrez. Motion carries unanimously 4-0.
VI. Public Comment
None
There being no further business to come before the Committee, the meeting was
adjourned at 4:25 p.m.
The next regularly scheduled meeting is Wednesday, February 7,20074:00 PM.
2740 Bayshore Drive, Unit 17
Naples, FL
2
J
Advisory Board Application
filson_s
--
From: kar1a.-Qibbs@mac.com
Sent: Monday. December 18, 2006 12:37 PM
To: filson_s
Subject: New On-line Advisory Board Application Submitted
Advisory Board Application Form
Application was received on: 12/18/2006 12:37:07 PM.
Name: /Karla Gibb~ Home Phone: ~39 297-39611
Home Address: 12670 Storter Avenu~
City: !Naple~ Zip Code: ~
Phone Numbers
Fax: I Business: I
e-Mail Address:lkarlagibbs@)l1ac.coml
e
Work Place: /collier Enterprise~
How long have you lived in Collier County: ~
Have you ever been convicted of any offense against the law? ~
Are you a registered voter in Collier County? ~
Board I Committee Applied for: lBayshore Beautification MSTU Advisory Committee!
Category: !Not indicated!
Do you currently hold public offfice? ~
Do you currently or ever served on a Collier County Board or Committee? ~
Please list your community activities:
I
Education:
_ IBA Political Science, Minor Latin American Studies, Fluent Spanish, Basic Italian!
12/19/2006
161 L
Board of County Commissioners
330] East Tamiami Trail
Naples., FL 34] 12
(239) 774-8097
Fax: (239) 774-3602
<<~ f1.l\'
~ ...
(. ~ " ..1
, ':- ,f+
Application for Advisory CommitteeslBoards
Name: David Woodworth
Home Phone:
239-774-5060
Home Address: 2735 Lakeview Drive Zip Code: 34112
Fax No. 775-562-5700 Business Phone: 239-793-8642 e-mail address: dwoodworth@naplessunrealty.com
Business: Agent (Sun Realty, lLC) and Business Owner (Voice Box Services. Inc.)
Bayshore Beautification MSTU Advisory Committee
Board or Committee Applied for:
C teg ('f I" bI) resident and property owner
a ory I app lea e:
Example: Commission District, Developer, environmenlllllist.lay person, de.
Are you a registered voter in Collier County: Yes X No
Do you currently hold public oflice? Yes No X
If so, what is that oft"tee?
Do you now serve, or bave you ever served, Oil a Collier COUllty board or committee? Yes
If yes. please list the committeeslboards:
No X
Please list your community aetivities (civic clubs, neigbborbood IIS8Ociations, ete. ad positions beld:
Education: Bachelor of Forestry (Stephen F. Austin University, 1977),
Master of Education (University of Miami, 1979)
Experience: classroom teacher, Collier County Public Schools (1979-1993) Everglades City
School, Naples High School, and Shadowlawn Elementary School. Business
Owner (1993-present) Voice Box Services. Real Estate Sales (1994-present) Blue
Bill Prooerties (four years) now with Sun Realty. LLC for over two years,
Plet1sei1/ttlclt 11IO' addiJioIUIJ iIIfonntdiollyollfedpet'tiIrenL TJri.s qpplicaIimr MofUd befOl'Wtll'dt!tl toSlu! FIbotr, Exs:Iltm MiI1Ulger
to the BoardofColUrty ~ 3301 Etzst T<<miIurri TI'IIiJ, Ntlpks, FL34112. If you wisJl,p/aseffUyourqppiictzlioll to
(239) 774-3602 or e-mail tosul.filsOIiac(.llieN!(11.. flet TIuurk YOIlfor volulftet!rl1rtl to seTVt! the ciIJuns ofOJlJier COIlnty.
.....
J
Advisory Board Application
filson_s
From: JOSEPPI5@earthlink.net
tit Sent: Monday, December 25.200610:26 AM
To: filson_s
SUbject: New On-line Advisory Board Application Submitted
Advisory Board Application Form
Phone Numbers
Fax: 1239-732-46631 Business: 1239-732-46631
e-Mail Address:~OSEPPI5@Jearthlink.ne~
Work Place: ISELF- BORGIA'S ULTRA MAODERN HOMES Ai'lD ROOFING!
-
How long have you lived in Collier County: Imore than 151
Have you ever been convicted of any offense against the law? ~
Are you a registered voter in Collier County? ~
Board / Committee A lied for:
HE BA YSHORE BEAUTIFICATION MSTU ADVISORY COMMITTE
Category: 1N0t indicate~
Do you currently hold public offfice? IH2I
Do you currently or ever served on a Collier County Board or Committee? ~
-
Please list our communi activities:
/ FAX LETfER BUS. OWNER, COUCHED PAL FOOTBALL FOR 11 YEARS,
OACHED AT YMCA AND UTILE LEAGUE BASEBALL. ALSO RAN FOR
AST NAPLES FIRE COMMISSONER THIS YEAR EX DEPUTY SHERIFF
Education:
RADUATED LEL Y HIGH, 10 YRS. CONT. EDUCATION FOR MY STATE LIC.
UILDING CONTRATOR,AND STATE LIC. ROOFING CONTRACTOR.
12/28/2006
e
e
e
_ Dee 25 OS la:31~
.
JOE BORGIA
239 -732-4663
16-1
l
BAYSHORE BEAUTIFICATION MSTU ADVISORY
COMMITTEE!
DEe, 25. 2006
TOO WHOM IT CONCERNS;
I JOSEPH BORGIA HA VB LJ'Y13D ON 2723 RIVER VIEW PRo OFF
BA YSHORE IN THE SAJv1EHOUSE FROM 1977 TO DATE. I
HA \fE A STATE CERT. BUILDING CONTRA TOR LJc. AND
A STATE ROOFING LIC. I HAVE DONE BUILDING ALL
MY LIFE, MY F AMlL Y OWNED CONS TUCTION BUS.. AND HAS
BEEN ACTIVE SINCE 1955. I WOULD BE A GREAT ASSET
TO THE BA YSHORE GA TEW A Y TRIANGLE. DlTE TO ALL OF
TIffi NEW UvfPROVEMENTS THAT ARE IN ACTION NOW.
I BY HOMES FIX THEM UP AND SELL TI-IEM. I HAVE PROPERTIES
IN NAPLES, LEE AND CHAROLTTE COuNTIES. WHEN) FIRST
Ll'/ED ON SA YSHORE IT WAS KELLY ROAD. WHA T THE
ADVISORY BOARD HAS DONE, ALONG WI THE COUNTY COMM.
1S F ANT ASTle. I COULD SEE ANY FUTURE PROJECTS AND
GIVE THE BA YSHORE COMM. PROFRSSIONAL ADVICE, WI PRICE
A~ ALSO READ PLAN'S , AND SEEK THE BEST WAY TO
IMPROVE VlHATHAS BEEN STARTED TO SAVE THE TAX PAYERS
MONeY. I AM ALSO A DEPUTY SHERIFF FROM HURON COUNTY,
OHIO. MY UNCLE. WAS SHERIFF FOR 6 TERMS AND \1A YOR. 1
WOULD GO UP IN THE SUMMERS OR WHEN I HAD TIME TO
WORK FOR THE HURON COUNTY SHERIFFS' DEPT.
UKE I SAID, I HAVE LIVED OFf BA YSHORE FOR 30 YRS.
I ALSO R...o\N FOR EAST NAPLES FIRE COMM. THIS YEAR I HA \iE
5 PATENTS, OWNED A RESTAURANT, AND HAVE BEEN A
BUILDER, ROOFER AND DEVLOPER IN EAST NAPLES. I WOULD
BE HONORED 1,:0 BE .PARr OF REDEVLOPING SA YSHORE AREA,
BECAUSE YOU HAVE DONE A SliPER J08 TO DATE. COLLJER
COUNTY EAST NAPLES HAS BEEN GREAT FOR ME FINANCIALLY,
AND FOR MY F AMIL Y, SO I WOULD LOVE TO GIVE BACK TO
MY HOME AND COMMUNITY,ALONG WI MY EXPERIENCE IN
THE BUILDING AND REMODEUNG TO COME IN THE FUTRE.
1 €,31
Dee 25 OS 10:31a
JOE BORGIA
239 -732-4663
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2723 RIVERVIEW DRIVE NAPLES. FL. 34112
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Con-ad_WillkomB_PA
Board of County Commissioners
3301 E3MI T/lmiDDlj Tnli
NlIpll!s, FL 34112
(239) 774.1U~
Fax: (ZJ9) 774-3602
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Identification of Future
T ra n 5 portation
ecember
16' 1
4.0 IDENTIFICATION OF TRANSPORTATION IMPROVEMENTS AND
TRAFFIC CALMING MEASURES
The improvements recommended in Technical Memorandum If, Public Outreach Summary and Improvement
Alternative Development. included transportation mobility improvements. traffic calming measures, aesthetic
amenities. and modal (transit. bicycle. and pedestrian) amenities. Transportation improvement and traffic calming
measures are discussed in this section, and discussions of aesthetic and modal amenities appear in Sections
5.0 and 6,0. respectively.
4.1 Transportation Improvement Recommendations from PIA
In addition to the intersection improvements discussed in Section 2.2.4. improvements recommended
to improve overall traffic mobDity include the installation of a new roundabout, implementation of access
management strategies, and modifications to access at Shadowlawn Elementary School. These
improvements. and their potential benefits and impacts, are discussed in detail below.
4.1.1 Roundabout
Installation of a roundabout at the Bayshore DrivelThomasson Drive intersection is recommended to
enhance mobility and provide traffic calming. The roundabout would have two circulatory lanes and would
serve all traffic movements. Based on the guidelines presented in the Federal Highway Administration
(FHWA) publication "Roundabouts: An Informational Guide", the minimum inscribed circle diameter for
a roundabout should be 150 feet (Figure 4-1). Currently, neither Collier County nor the City of Naples
requires specific design guidelines for the construction of a roundabout. Preliminary analysis indicates that
such a roundabout would require right-ot-way acquisition in one or more quadrants ot this intersection.
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16 J 1
Installation of a roundabout is not expected to deteriorate the traffic operations at this intersection and
Table 3-2 shows the results of the Level-Of-Service analysis.
Table 3-2
Intersection Lane Group Maximum Lane Group Maximum
vIe Low vIe Low
Bayshore Drive & Thomasson Drive
Eastbound LTR 0.12 0.15 LTR 0.13 0,17
Westbound LTR 0.30 0,36 LTR 0,42 0.51
Northbound LTR 0.13 0,13 LTR 0.16 0.19
Southbound LTR 0.42 0.50 LTR 0,67 0,81
Intersectio n 0.42 0.50 Intersection 0.67 0,81
Intersection Level of Service A C
Notes: L" Left Turn. T.. Through. R .. Right Tum. Deft- Defacto Left Tum; LOS" Level of Service
ce: arter
4.1.2 Access Management
Through the community involvement efforts, several specific locations were identified where current access
configurations present safety or mobility issues. This study recommends development of guidelines for
future developments to prevent such issues in the future,
One identified area of concern was Gulfgate Plaza, at the southwest corner of the Bayshore/US 41
intersection. This property has one access point onto US 41 and one onto Bayshore Drive. The Bayshore
Drive access allows all movements in and out. while the US 41 access point does not allow left turns out.
The left tum movement at the Bayshore access point causes traffic conflicts as vehicles often make the
movement in two steps. stopping in the median before proceeding into northbound traffic.
The PIA recommends [making the necessary regulatory or process changes] to:
. Encourage or allow the use of single points of access for multiple destinations. even if the properties
are not under the same ownership; and
. Encourage the use of side-street access points to minimize new access points on existing major
facilities, especially along Bayshore Drive.
4.1.3 School Access at Shadowlawn Elementary
During school pick-up and drop-off times. vehicles currently park in undesignated areas in front of
the school. This creates turbulence in the traffic flow on Bayshore Drive and increases the potential
for vehicle/pedestrian conflicts. The PIA suggests moving the automobile drop-off/pick-up point to the
northern side of the school (current bus pick-up point) and switching the bus pick-up/drop-off location
to the horseshoe driveway adjacent to Shadowlawn Drive.
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161 1
4.2 Traffic Calming Measures
As indicated in Technical Memorandum I, Existing Conditions, there is a perception that several of the
roads within study area are being used by vehicles to bypass congestion on nearby arterials. This cut-
through traffic can produce increased pedestrian/vehicle conflicts for those living on local streets. In
1995, the Collier County MPO developed the Neighborhood Traffic Management Program (NTMP) and
established the Traffic Calming Task Force to provide the resources for local neighborhoods to combat
cut-through traffic issues. The program's intent is to make:
"...strategic changes to streets in order to reduce vehicle speeds and to decrease the cars'
dominance in the neighborhood. Traffic calming devices, such as those included in this
program, are designed and located to keep through traffic on major roads. " - Collier County
MPO NTMP (1995)
The Shadowlawn/Bayshore Corridor Study provides a description of several recommended traffic calming
techniques, the goals of each technique, and the qualitative effect under the PIA. Each of the subsequent
traffic calming techniques were developed through the public outreach effort.
4.2.1 Gateway Treatments and Neck-downs
Gateway Treatments are street amenities that include signs, banners, landscaping or other structures
that communicate a sense of place or identify a neighborhood. Neck-downs are the physical reduction of
a roadway lane width through the use of curbing reduction or center median.
Goal
The combination of a center median gateway treatment and lane narrowing through a neck-down is
intended to accomplish two goals: 1) to create a sense of place with signage and landscaping; 2) to slow
speeds by constraining roadway lane width. The placement of elements at the entrance to streets. as
highlighted in Table 1-1, is intended to indicate to drivers using local streets as a cut-though that they
have entered a residential neighborhood. This change is intended to reduce the number of through
vehicles. The physical neck-down in lane width is intended to slow vehicle speeds on local streets and to
further deter through traffic, providing incentive for these trips to stay on the major arterial.
It should be noted that the gateway treatments recommended along ShadowlawnlBayshore Drives do
not include median gateway treatments or reduction in lane width. In these areas, the gateway treatment
consists of aesthetic amenities located at the side of the roadway.
Theoretical Effect of Recommended Measure Under the PIA
Studies have shown a reduction in speeds (of up to 7 mph) correlating with a reduction in lane width.
Roadway narrowing also often results in high (80%+) levels of public satisfaction with the traffic calming
technique, while resulting in no change in through-vehicle volume. (McCourt, SUNey of Neighborhood
Traffic Management Performance and Results, 1997.)
It could be expected that the lane-width reduction due to the neckdown, combined with the visual gateway
treatment, would result in reduction in vehicle speeds in the vicinity of the treatments. In comparison to
other recommendations in PIA. this particular technique is likely to have the greatest impact within the
study area.
-35-
.16' 1
Figures 4-2 and 4-3 graphically suggest the potential appearance of Linwood Avenue before and after the
construction of gateway treatments and neck-downs.
Before
Gateway
Treatment
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16' 1
4.2.2 Speed Enforcement
An increase in speed enforcement activities was suggested by the public during the workshop. It is
recommended that increased enforcement activities be performed in conjunction with other traffic calming
measures in order to achieve the greatest effectiveness. Another recommendation with public support is
the reduction of the posted speed limit along Bayshore Drive from 35 miles per hour (mph) to 25 mph.
Goal
The goal of speed enforcement efforts and posted speed limit changes would be to reduce through-
vehicle speeds and cut-through traffic volumes.
Theoretical Effect of Recommended Measure under the PIA
Enforcement activities generally achieve some short-term reduction of vehicle speeds. The reduction in
the posted speed limit in coordination with speed enforcement would also generally achieve a short-term
reduction of vehicle speeds, If combined with the installation of other permanent features, the effect could
be longer-term.
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1.
5.0 IDENTIFICATION OF AESTHETIC AMENITIES
Aesthetic amenities include various elements along streets within the study area and are primarily included
within the neighborhood streetscape. Streetscaping lies in the public right-of-way between building facades. It
includes the street, sidewalks, lighting, planting, furniture, public art, and other elements. There are many different
streetscape improvements recommended; all should result in creating a sense of place and connectivity between
the neighborhoods, north and south of US 41. As a result of the public outreach effort several aesthetic amenities
were identified as recommended improvements under the PIA, and these are described in detail below.
5.1 Landscaping and Sidewalk Furniture
suggested landscaping improvements generally consist of plantings within the streetscape. The
maintenance of these improvements can be costly and therefore only native species are recommended
under the PIA. Sidewalk furniture includes benches, bike racks, trash cans, and other similar elements.
Below are descriptions and recommended locations of the landscaping and sidewalk fumiture elements
included in the PIA. Further study is recommended to design the appearance, structure. and placement
of these landscaping or sidewalk furniture amenities.
5.1.1 Purpose and Goal
The intention of this amenity strategy can be defined as providing enhanced community character and a
sense of place. Through the use of consistent design elements, the Shadowlawn/Bayshore corridor can
be quickly identified as one community by visitors and residents alike. Street furniture elements invite and
promote a lively street where residents and visitors feel comfortable.
5.1.2 Shadow lawn Drive
Currently, Shadowlawn Drive does not have any landscaping improvements. The PIA recommends
significant landscaping amenities to promote pride and a strong sense of place while providing a visual
connection to the areas along Bayshore Drive. Medians are not recommended; however, landscaping
is suggested along Shadowlawn Drive to provide a buffer between the sidewalk and moving vehicles.
These landscaping improvements should not impede the line of sight for drivers. Sidewalk furniture would
be placed uniformly along the corridor with particular attention to areas near Shadowlawn Elementary
SchOOl.
Figures 5-1 and 5-2 graphically suggest the potential appearance of Shadowlawn Drive before and after
the construction of landscaping and sidewalk furniture treatments.
5.1.3 Bayshore Drive
Bayshore Drive south of US 41 has recently implemented several landscaping elements and no further
improvements are recommended. However, street furniture amenities are recommended for this portion
of the corridor. specifically at bus stop locations where benches and bike racks would benefit patrons of
the local transit system.
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161 1
......
Aesthetic
Amenities
Treatment
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161 1
5.1.4 Linwood Avenue, Andrew Drive, and Other Local Streets
Based on community Input, several local streets within the study area were not recommended for
additional landscaping or street furniture improvements.
5.2 Themed Lighting
Themed lighting is the use of aesthetically pleasing lights which illuminate pedestrian sidewalks. These
lights generally range in height from 15 to 20 feet and aesthetically signify the corridor's sense of
neighborhood or community. They may include banners with the community's name that further enhance
a sense of place for the neighborhood. Additional study would be required to determine the appearance
of the themed lighting scheme and to coordinate it with other aesthetic amenities.
5.2.1 Purpose and Goal
The intention of implementing themed lighting amenities within the study area can be defined as providing
enhanced community character and a sense of place. Through the use of consistent lighting schemes and
neighborhood banners. residents and visitors would quickly identify the Shadowlawn/Bayshore corridor
as one community.
5.2.2 Shadowlawn/Bayshore Corridor
Currently, there is a themed lighting scheme in place along Bayshore Drive south US 41. However, there
are no themed lighting elements along Shadowlawn Drive. It is recommended that a consistent lighting
scheme be implemented for both Bayshore Drive and Shadowlawn Drive. Consistency would enhance
neighborhood connectivity and distinguish the study area as a whole community. Themed lighting is
recommended for Shadowlawn and Bayshore Drives only, signifying the central corridor of the study
area, whereas side-streets would not merit the implementation ofthemed lighting.
Figures 5-1 and 5-2 graphically suggest the potential appearance of Shadowlawn Drive before and after
the construction of themed lighting treatments.
5.3 Visual Screening
During the public outreach efforts an existing water tank located north ofthe Lois Avenue intersection along
the western edge of Shadowlawn Drive was identified as a neighborhood -eye-soreR or an aesthetically
unappealing structure.
5.3.1 Purpose and Goal
The PIA recommends a strategy for reducing the visual impact of the water tank structure by planting
mature trees or palms to buffer the appearance of the water tank from Shadowlawn Drive. However,
due to the height of the structure, landscaping alone could not fully buffer the visual appearance of the
water tank. It is also recommended that the structure be painted to camouflage or subdue the visual
appearance. A metal link fence used to secure the grounds around the water tank is also visible from
Shadowlawn Drive and the construction of an aesthetically pleasing fence would further reduce the visual
impact of the water tank.
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16' 1
5.4 Landscaping Line of Sight Issues
During the public outreach process, several sections of the landscaped median along Bayshore Drive
were identified as an obstrudion to motorists' line of sight. The PIA recommends that the landscaping in
question be either trimmed or removed to reduce line of sight obstructions. This recommendation does
not include the complete removal of landscaping within the center median.
-41-
.161 1
6.0 IDENTIFICATION OF MODAL AMENITIES
Modal amenities in lhe PIA are elements related 10 lransft facilities. pedestrian facilities. and other multi-modal
types of infrastruclure. These amenities foCus on facilitating and promoling aftemate modes oflravel by providing
connectivity to transit while promoting a safe, pedestrian-friendly environment.
6.1 Extended Transit Service
As identified in Section 2.2.5 of the existing conditions technical memorandum the Collier Area Transit
(CAT) bus service operates the Orange Route 2 northbound only along Bayshore drive between
Thomasson Drive and US 41.
The PIA recommends that CAT consider adding additional transit service southbound along the same
portion of Bayshore Drive. As new commercial and mixed-use development occurs along Bayshore, many
study area residents are likely to make short trips up and down the corridor. However, these distances
may be too far to walk. especially for individuals with mobility impairments. Extension of transit service
to include both directions along Bayshore would provide transit options for these residents to circulate
throughout the area without relying on an automobile. Additional transit service would also provide area
residents with greater connectivity to the City of Naples and Collier County.
In the LRTP, the 2006-2015 Transportation Development Plan Update (Section 8.1,1) recommends
expanding service hours and operations. As future development intensifies in the study area, the PIA
also recommends an additional study to determine if increased frequency of bus service along Bayshore
Drive is warranted,
6.2 Bus Shelters
An important consideration for all transit patrons is the condition of transit stop amenities. The PIA
recommends the construction of bus shelters at each CAT bus stop along the Orange Route 2 on
Bayshore Drive. These bus stop shelters would provide cover from the elements and provide comfort and
convenience for patrons, promoting the use of transit. It is recommended that these shelters emulate the
characteristics of the bus shelter located at the northeast comer of Bayshore Drive and Thomason Drive.
These shelters would be designed to enhance or integrate into the corridors streetscape and remain
consistent with other corridor amenities.
6.3 Bike Paths
The LRTP, Section 8.2. .Pathways" indicates that Shadowlawn Drive between Davis Boulevard and US
41 is designated as a top priority for addition of bike lane facilities. More than ten participants in the public
workshop indicated the need for similar facilities along the corridor. Therefore, bike lanes and paths have
been incorporated into the PIA.
6.3.1 Purpose and Goal
Bike paths provide residents and visitors with a designated corridor where they can safely ride their
bicycles. The provision of such a facility separates bicycle traffic from vehicle traffic for increased safety.
Due to the presence of a safe bicycling environment, residents and visitors are more likely to utilize bicycles
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161 ]
for making short trips within the study area. This type of bike facility is recommended for Shadowlawn
Drive between Davis Boulevard and US 41.
Figures 5-1 and 5-2 graphically suggest the potential appearance of Shadowlawn Drive before and after
the construction of bike path amenities.
6.4 New and Widened Sidewalks
Several public outreach participants expressed major concerns with the condition of existing sidewalks
within the study area. Over 26 participants supported the implementation or construction of new or
widened sidewalks.
6.4.1 Purpose and Goal
The construction or widening of sidewalks within the study area is intended to provide residents and visitors
a comfortable and safe walking environment. The sidewalk is an integral part of any neighborhood's
streetscape and functions as a meeting place for residents and visitors moving along the corridor. More
importantly, the sidewalk provides a safe place for pedestrian travel along but separated from vehicle
traffic. If no sidewalks are available, residents and visitors are forced to walk within the street in direct
conflict moving vehicles,
6.4.2 Shadowlawn/Bayshore Corridor Study Area
The PIA recommends the construction of additional sidewalk infrastructure. The majority of these
sidewalk improvements are recommended for streets located north of US 41. Bayshore Drive, south of
US 41, generally provides ample sidewalks that integrate an aesthetically pleasing brick paver design,
enhancing the existing streetscape. For locations where sidewalks improvements are recommended,
a similar aesthetic quality could be integrated to enhance neighborhood character and aesthetics, To
reduce construction costs, alternatives to the brick pavers design could be used. Alternatives would
include colored or textured concrete or stamped asphatt. The PIA recommends the following sidewalk
improvements:
. Construction of a new five-foot wide sidewalk along both sides of Connecticut Avenue between
Shadowlawn Drive and Airport Pulling Road.
. Construction of a new five-foot wide sidewalk along both sides of Linwood Avenue between Pine
Street and Airport Pulling Road,
. Construction of a new five-foot wide sidewalk along both sides of Francis Avenue,
. Construction of a new five-foot wide sidewalk along both sides of Andrew Drive north of US 41,
. Construction of a new five-foot wide sidewalk along both sides of Caledonia Avenue between
Andrew Drive and Airport Pulling Road,
. Construction of a new five-foot wide sidewalk along both sides of Calusa Avenue between Andrew
Drive and Airport Pulling Road; and,
. Widen the existing five-foot wide sidewalk to eight-feet wide along both sides of Shadowlawn
Drive between Davis Boulevard and US 41.
Figures 6-1 and 6-2 graphically suggest the potential appearance of Linwood Avenue before and after the
construction of sidewalk amenities,
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.161 1
-44-
Sidewalk
Amenities
16 I 1
6.5 Pedestrian Refuge
Pedestrian refuge areas are constructed within the roadway median to provide a safe location for
pedestrians to wait before crossing the remaining lanes of vehicle traffic. These refuge areas are highly
visible and shield or protect the pedestrian from vehicles traveling along the corridor or tuming onto local
side streets and driveways.
6.5.1 Purpose and Goal
Crossing streets at uncontrolled (i.e.. no traffic signal or STOP sign) locations can pose a serious risk
to pedestrians. Adequate gaps may be relatively infrequent on wide streets where vehicle volumes and
speeds are high. In addition. the driver may not see the pedestrian because the pedestrian is obscured
by a vehicle in another lane that has stopped to allow the pedestrian to cross or perhaps by other visual
obstructions. At night, crosswalks and pedestrians can be extremely difficult for motorists to see in time
to stop.
6.5.2 Bayshore Drive
The pedestrian refuge area is of particular importance along Bayshore Drive where pedestrians must
cross across four lanes of high-speed traffic, separated by a landscaped median. As indicated in sections
2.2.5 and 2.3.2 of the Technical Memorandum I, Existing Conditions Analysis and Documentation of Area
Deficiencies the majority of vehicles are traveling at or above the posted speed limit and none of the
unsignalized intersections on Bayshore drive provide pedestrian refuge in the median.
The PIA recommends the construction of pedestrian refuge areas that are clear of elements that might
obscure the presence of the pedestrian and that are lighted (theme lighting applicable) for visibility
after dark. These pedestrian refuges should also integrate seamlessly into the high-visibility crosswalk
infrastructure described in subsequent sections. Use of pedestrian refuges is not appropriate for
Shadowlawn Drive or other streets that do not have a center median. Construction of pedestrian refuge
areas are recommended for the following locations under the PIA:
. Bayshore Drive at Week Avenue,
. Bayshore Drive at Bayview Drive,
. Bayshore Drive at GulMew Drive,
. Bayshore Drive at Lakeview Drive,
. Bayshore Drive at Barrett Avenue,
. Bayshore Drive at Van Buren Avenue,
. Bayshore Drive at Windstar Boulevard; and,
. Bayshore Drive at Thomasson Drive.
It should be noted that the pedestrian refuge areas at the intersection of Bayshore and Thomasson
Drives would be incorporated into the design of the recommended roundabout.
Figures 6-3 and 6-4 graphically suggest the potential appearance of Bayshore Drive before and after the
construction of pedestrian refuge treatments.
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16' 1
Pedestrian
Refuge
Amenities
Refuge
Amenities
-46-
.16' 1
6.6 Pedestrian Safety Buffer
During the public outreach efforts participants indicated a need for a pedestrian safety buffer. The PIA
recommends the construction of a pedestrian guardrail along the western edge of the Andrew Drive
and Calusa Avenue intersection. This recommendation is intended reduce pedestrian/vehicle conflicts
between students and residents walking to the entrance of Shadowlawn Elementary School and vehicles
traveling along Calusa Avenue and Andrew Drive.
6.7 Pedestrian Yield Signs
Pedestrian yield signs are intended to alert motorists to the presence of pedestrians, especially at locations
where motorists may not expect to see pedestrians. These signs increase the likelihood that a pedestrian
would have the benefit of a motorist yielding to him or her.
6.7.1 Purpose and Goal
The use of advanced pedestrian warning signs and yield signs are intended to reduce the number of
vehicle and pedestrian accidents with the study area. These efforts to reduce accidents enhance the
pedestrian walking environment and provide safer neighborhood streetscapes that add to the community
character ofthe study area.
6.7.2 Shadowlawn/Bayshore Corridor
The PIA recommends the use of pedestrian yield signs at all unsignalized intersections with pedestrian
crosswalks. The sign itself should be offset from the intersection to provide ample waming time for
motorists. Along the multi-lane Bayshore Drive another sign at the intersection with lane markings should
also indicate advance stop lines used to encourage motorists to stop farther back from a crosswalk.
When motorists stop too close to a crosswalk, their vehicles block the view of pedestrians to drivers in
adjacent lanes, and a multiple-threat pedestrian crash could result. When motorists stop farther back,
sight distances improve between pedestrians and drivers in adjacent lanes, allowing them a better
opportunity to avoid a crash.
It is recommended that each intersection where pedestrian crosswalk facilities are located would include
additional lighting to illuminate the crosswalks at night. With improved lighting, drivers may be more
aware of the pedestrians' presence within the crosswalk. Additional signage should also be provided to
alert pedestrians to be aware of oncoming vehicle traffic, reducing the false sense of safety a pedestrian
may experience at high visibility crosswalk locations.
6.8 Lighted School Crosswalk
A lighted pedestrian school crosswalk is intended to alert motorists of the presence of pedestrians,
especially at school crosswalk locations where motorists may not expect to see children crossing the
street. This crosswalk element consists of flashing lights embedded into the roadway on both side of the
crosswalk.
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161 1
6.8.1 purpose and Goal
Ughted school crosswalks are intended to reduce the number of vehicle and pedestrian accidents with
the study area. These efforts to reduce accidents enhance the pedestrian walking environment and
provide safer neighborhood streetscapes that add to the community character of the study area.
6.8.2 Shadowlawn/Bayshore Corridor
The PIA recommends replacing the existing school crosswalk in front of the Shadowlawn Elementary
School with a lighted crosswalk. Flashing, strobe-like. lights would be activated when a pedestrian
trips sensors at either entrance to the crosswalk. These sensors could be calibrated to be actuated
by elementary-school-aged children. Power supply to operate the flashing lights and sensors can be
supplied to the unit via a small solar panel array connected to a battery located within the vicinity of the
crosswalk.
Figures 6-5 and 6-6 graphically suggest the potential appearance of Shadowlawn Drive before and after
the construction of a lighted school crosswalk.
Lijlitttd
Crosswalk
Amenities
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161 1
lighted
Crosswalk
Amenities
6.9 High Visibility Crosswalks
High visibility crosswalks for use in the PIA are defined as pedestrian crosswalks that use high visibility
markings on the roadway to alert motorists to the presence of a pedestrian crossing at intersections. It is
recommended that textured or stamped asphalt also be used to further enhance the visual impact and
aesthetic appeal of the crosswalk.
6.9.1 purpose and Goal
Similar to other modal amenities identified, the purpose of the high visibility crosswalk is to reduce the
number of vehicle and pedestrian accidents. These efforts to reduce accidents enhance the pedestrian
walking environment and provide safer neighborhood. The recommended use of textured or stamped
asphalt provides increased awareness to the presence of the crosswalk while adding an additional
aesthetic amenity that can significantly enhance the streetscape and tie directly into the community
character.
6.9.2 ShadowlawnlBayshore Corridor
The use of high visibility crosswalks is recommended at several intersections along the corridor. At the
recommended implementation of a roundabout styte intersection at Thomason Drive at Bayshore Drive,
these crosswalk elements would be incorporated into the design of the roundabout. These high-visibility
crosswalk elements are recommended at the following locations:
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16 f 1
. Davis Boulevard and Shadowlawn Drive.
. Linwood Avenue and Shadowlawn Drive.
. Francis Avenue and Shadowlawn Drive.
. Caledonia Avenue and Shadowlawn Drive,
. Calusa Avenue and Shadowlawn Drive.
. US 41 and Shadowlawn Drive.
. Week Avenue and Shadowlawn Drive.
. Bayview Drive and Shadowlawn Drive,
. Gulfview Avenue and Shadowlawn Drive,
. Lakeview Avenue and Shadowlawn Drive,
. Barrett Avenue and Shadowlawn Drive; and.
. Van Buren Avenue and Shadowlawn Drive.
Figures 6-7 and 6-8 graphically suggest the potential appearance of Shadowlawn Drive before and after
the construction of high visibility crosswalks.
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Before
Crosswal
Amenities
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-50-
After
Crosswalk
-51-
1
161
"1
,1
8.0 CONCLUSION
The PIA uses recommended improvement strategies, developed through public participation, to decrease the
volume and speed of cut-through vehicle traffic within the study area. The PIA also aims to maintain mobility
along the Shadowlawn/Bayshore corridor and reduce the likelihood of vehicle/pedestrian conflicts. The primary
goal of these improvement measures is to provide a more livable and cohesive neighborhood.
8.1 Summary of Recommendations
After evaluating public comments, travel demand forecasts. and intersection LOS analyses; the PIA includes
the physical re-configuration and signal timing plan revisions to all signalized study area intersections.
These recommendations would effectively increase intersection capacity, improving operations and
mobility along the Shadowlawn/Bayshore Drive corridor. The identification of Mure parking needs is also
included in the PIA.
The PIA qualitatively and quantitatively considers the impact of recommended transportation improvements
and traffic calming measures. As a result, the construction of a roundabout, access management
guidelines. and school access strategies are recommended. Traffic calming techniques included in the
PIA include gateway treatments with roadway neck-downs and speed enforcement.
The PIA identifies several aesthetic amenities that would create a sense of place and connectivity between
neighborhoods. north and south of US 41. These recommendations include landscaping, street furniture,
themed lighting, and others. Modal amenities such as transit service, bus shelters, bike paths, sidewalks,
and crosswalks in conjunction with aesthetic amenities would provide a safe, pedestrian-friendly, and
cohesive neighborhood.
8.2 Implementation of Recommendations
The implementation of the PIA improvement measures requires careful consideration to design. capital
cost, drainage, and maintenance. Cost considerations combined with the improvement measure's
effectiveness or impact provides a basis for prioritization.
8.2.1 Capital Cost
Table 8-1 highlights a few of the approximate capital costs for several improvement measures. The
approximate cost ranges have been extrapolated from information provided by the Florida Department
of Transportation (FOOT) and do not include the cost of acquiring parcels of land or Right-of-Way.
Recommendations not described in the table are generally elements that have too great a range of cost
to accurately approximate. Factors that influence this inability to approximate cost include design, quality
of materials used, and/or labor.
-55-
161 1
Table 8-1
Recommended Improvements' Capital Cost
Improvement Measure Total AppfOxlmate Cost ($)
Widen Sidewalks 108,000-257,000
Construct New Sidewalks 75.000 - 201.000
Bike Paths 1.018,000 - 1.272.500
Speed Enforcement 2.000 (per month/per location)
Pedestrian Safety Buffer 12.500 - 15.500
Drainage (construction of retention pond) 186.000 - 232.500
Pedestrian Yield Signs 12.500 - 15,500
Drainage (curb & gutter) 1.813.500 - 2,267,000
Drainage (valley gutter) 4.218.000 - 5.272.500
High Visibility Crosswalks 351.000 - 438.500
Lane Restriplng 5,000 - 6.500
Turning Lane Capacity 75,000 - 100.000
Roundabout 98.500 - 123.000
ioUrce: carter & Burgess (2000)
8.2.2 Prioritization of Improvement Measures
The identification of an improvement measure's impact on the PIA and subsequent cost to implement are
the basis for prioritizing each measure. As shown in Table 8-2, each measure was ranked by comparing
its potential benefit to cost ratio. The improvement measures which require the least capital and have the
greatest benefit to the study area are recommended to be implemented first and are shown at the top of
Table 8-2. The improvement measures which require the most capital and have the least effect on the
study area are located toward the bottom of Table 8-2. The more costly improvement measures could be
implemented last or constructed in phases over longer time periods.
The potential benefits of each improvement measure were given qualitative numerical rankings for the
following categories:
. Safety impact,
. Enhance vehicle mobility,
. Enhance vehicle access,
. Bike and pedestrian mobility,
. Aesthetic enhancement,
. Traffic calming benefit; and,
. Public support.
-56-
161 1
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The public support category has been left blank intentionally and will be filled out during the final public
presentation. At the final public presentation. participants will be asked to indicate their preferences.
Results will be inputted into Table 8-2 and will be presented in the final corridor study report.
The potential costs associated with each improvement measure were qualitatively ranked by a capital
cost and maintenance categories.
It is important to note that drainage improvements (see SectIon 7.0) are required to support the
construction of several improvement measures. For example. improvement measures such as curb and
gutter streetscapes with landscaping. street furniture. sidewalks. and other aesthetic or modal amenities
described in Sections 5.0 and 6.0 would all require drainage infrastructure support. As a result. drainage
improvement measures described in Section 7.0 are not Included in Table 8-1.
9.0 NEXT STEPS
A final public meeting will be held following the completion of Technical Memorandum m. The final public meeting
will include a presentation. discussing the results and findings presented in this document. Meeting participants.
as described above. would be requested to indicate their preferences for improvement measures in the public
support column of Table 8-2. The resulting averages will be inputted into Table 8-1 and the results will be
presented in the final corridor study report.
After the final public presentation Carter & Burgess. Inc. will incorporate all three technical memorandums into
one final report. The final report will summarize the efforts of the corridor study for use by the BayshoreJGateway
Triangle CRA. Collier County, and the public at large.
-58-
161
EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL
(EMSAC)
1
RECEIVED
JAN 3 1 2007
Board OfC
oUnly C
ommiss.
lOners
January 30, 2007
COLLIER COUNTY COMMISSION BOARD ROOM
Fiala
District I Commission District - Vacant Halas
District 2 Commission District - Jeffrey Albritten, Chairman, Present Henning
District 3 Commission District - John Valenti, Present Coyle
District 4 Commission District - Nancy Laschied, Vice Chairman, PresenColettam
District 5 Commission District - Vacant
At Large - Johan Domenie, Absent
At Large - Dr. Douglas Lee, Absent
Naples Community Hospital- Gail Dolan, Present
City of Naples Police and Emergency Services - Jim McEvoy, Chief, Present
Collier County Health Department - Judith Nuland, Present
City of Marco Island Fire/Rescue - Michael Murphy, Chief, Present
Collier County Fire Chiefs Associations - Rob Pottieger, Assistant Chief, Absent
Physician's Regional Medical Center - Dr. Jeffrey Panozzo, Present
Collier County Sheriffs Office - Commander Bill Rule, Present
j~
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The regular meeting was called to order by Chairman Albritten, followed by the "Pledge
of Allegiance".
A quorum was present at this time,
Motion to adopt agenda; passed unanimously.
Motion to adopt minutes from previous meeting; passed unanimously.
OLD BUSINESS:
AUIR (Annual Update and Inventory Report):
Jeff explained the AUIR was accepted by the BCC. This report is based on population,
currently for every 15,000 in population we supply 1 transport ambulance. With the
population increases we are expecting to add 3 more additional growth units next year.
He explained that we plan to use grant money to bring in a nationally recognized
consultant, which will help take a look at the level of service standard, and help validate
what it should be. This person will look to see if our 15,000/1 is good number; maybe
that number needs to be adjusted, and they will also look at the location of our stations to
be sure they are appropriate. He also stated with the four growth units we are adding this
year, we might be able to reach our 90% mark by putting those in the right places. Then
next year we may need less growth units than the 3 projected. At the point we identify a
consultant we will be bringing them to you for your review, with all their credentials and
the scope of work they will provide.
::. :iic1-1! Gr
Item#: (~_t! e '6
').. 'oS
161 1
Jeff showed a current parcel of land that we recently purchased for a growth station on
Vanderbilt and Logan that was purchased for $286,000 versus the $900,000 the Board
allocated for each land purchase, Another growth unit is in Heritage Bay. The PUD
allocated a parcel of land for EMS, so that is land we don't have to purchase; and another
$900,000 in savings. The third station we are currently in negotiations with is the North
NaplesWater Plant. They were planning on building an Operations Center on that site.
We agreed to build on the first floor, and they are going to build on top, which gives us
another several thousand dollars in savings. The last piece of property is on Old 41 and
New 41, which is going to be around 700,000 (still $200,000 in savings).
One of the members questioned the outcome of a meeting with the Port of the Islands for
a joint station. Jeff stated that they met with a group representing the Port of the Islands.
They wanted to purchase half of the land along with the County (which is not what was
originally agreed to). We think they will purchase the land to have a community center on
site, then they will allocate a portion of the parcel for EMS along with Ochopee Fire. We
are still waiting for everything to go through. Hopefully we will have more concrete
information in the next few months. Another member then asked for more information on
the location of the property. Jeff explained where it was located and stated that he will
provide more information in the future.
Jeff also talked about Ave Maria. We budgeted another $900,000 for the purchase of
land, and the last he heard was it was supposed to be donated. Also there is a parcel in
Fiddler's Creek, close to 41, that was designated Fire and EMS, which will also be free
land. He explained the reasoning for budgeting so much money for land purchases. You
have to keep in mind the worst case scenario. Which would be: We don't co-locate; we
buy top dollar land; and there are no breaks. Consistently we have not had that scenario,
but it could happen, and that's the reasoning for projecting so much money,
Jeff then went back to the Vanderbilt and Logan parcel. Currently we are going through
the site development and permitting process. We also went before the Planning
Commission. He talked about a suggestion from Transportation for the exit of the
ambulance. He stated that the Planning Commission agreed on his suggestion to have the
exit at a location which allowed for better access to all directions. They also agreed to not
have a separate transportation arm that would stop traffic because there was a traffic light
already there. They agreed on having a device to control the light and make it green
when needed. The next thing the Planning Department suggested was a 6 foot wall along
most of the edge of the property to provide a noise buffer from the traffic for a resident.
We suggested a retaining wall around our site instead of a wall along the whole property.
The committee members stated concern that the resident probably won't want a wall
along the property, In fact the resident's house lies very close to the edge where the wall
would be located. Weare going before the Board soon to contest the wall.
Weare also in the site development phase with the Heritage Bay station. We have
offered North Naples Fire an opportunity to come in and help share the cost. However,
they think it might be slightly smaller than they are looking for.
16' 1
Mr. Murphy asked if the goal for the ALS response times included an ALS engine
arriving first on the scene, or ifit only reflected EMS units. Jeff then showed a more
detailed report regarding the response times. Typically the ALS engines aren't included
in the percentages. Mr. Murphy suggested we change the orientation of the data to reflect
a per incidence statistic versus per zone. Dave Stedman explained the data on the report
further. He also explained that in the future we will provide data showing the response
time of a paramedic regardless if they are on an engine or an EMS unit.
NEW BUSINESS:
STAFF REPORTS:
Chief Watson explained the State Aggregate Report for FY -06. The first report that he
showed was a Pre-Hospital Yearly Report which give the ages of the people transported.
In Collier County our average for people between 75 and 84, and 85 + were 3% higher
than the states average. It also showed that 35% of the people we transport yearly are
over the age of 75. The next report showed transport data. County wide we transport
56% of the people who call, and state wide the average is 49.5%. The last report broke
down the complaints of patients that were transported. For example, people who called
reporting chest pain. Collier County was a full percentage point above the state's
percentage. He also went over some of the other types of calls. He stated that they use
this data to help develop protocol, make equipment purchases, and treatments and
modalities to serve the people better.
Jeff reported on the current testing. Recently we had 44 people tested, and we filled all
the vacancies we had.
SPEAKERS FOR PUBLIC COMMENT:
There were no registered speakers,
BOARD MEMBER DISCUSSION:
The board briefly spoke about the current vacancies in District I and District 5.
The next meeting will be held on February 28,2007.
Respectfully Submitted,
Jennifer Florin
Voting Members Present:
V oting Members Absent:
(Excused Absence)
Voting Members Absent:
(Non-excused Absence)
Non-Voting Member
Organizations Present:
161 1
COLLIER COUNTY
CITIZENS CORPS ADVISORY COMMITTEE
November 15,2006
Walter Jaskiewicz, Coast Guard Auxiliary, Chair
Reg Buxton, Greater Naples Chamber of Commerce
James Elson, Collier County Veterans Council
Doug Porter, Naples Civil Air Patrol
Gerry Sugarman, RSVP
Deborah Horvath, American Red Cross
Capt. Alejandro Castillo, Salvation Army
Russell Rainey, Community Emergency Response Team
~i:l:s .~~_-=
Henning_?E............ ...............-......-..-. .-.
Coyle..... ... _..__.....
Coletta.. .. ... ... _..___
Jerry Sanford, Collier County Fire Chiefs Association
Floyd Chapin, Community Emergency Response Volunteers
Chief Jim Bloom, Collier County Sheriffs Office
Emergency Management
Golden Gate Fire Department
Meeting called to order at 3:00 p,m,
Pledge of Allegiance recited and roll call taken,
Approval of Minutes
Motion to accept the minutes of the October 18,2006 meeting made by Jim Elson and seconded by Russ Rainey,
Approved unanimously.
Threat Update
Per Lt. McDonald from the Sheriffs Office, we are at an elevated level for domestic security and air travel.
Recently, we had 49 Cuban immigrants land in Southwest Florida, most recently 17 in Sanibel (12 adults and 5
children), which is the second landing there in the last 16 months. In July of 2005 they had 19 Cuban nationals
land, During the incident in Sanibel, two suspected couriers were detained and are currently in Federal custody.
One had a prior for smuggling. Fluid was found on board which was consistent with smuggling, i.e" vinegar,
used to wipe down fingerprints, 29 Cuban immigrants were discovered in Naples on Monday - 28 were adults
and one was a 2-year old boy, The most recent activity was in August of this year when 20 immigrants arrived on
the north side of the Jolly Bridge - all of them are currently detained in the Pembroke Pines Border Patrol Station.
A 30.foot go-fast boat was seized, Over the last weekend, 102 Cuban immigrants were detained from six
locations in Southwest Florida. All are expected to stay in the U,S, with the wet foot-dry foot policy, In fiscal
year 2006 there were 3,076 Cuban arrivals, So far in fiscal year 2007 there have been 346, which is 18 less than
the same period in FY -2006, Information was put out yesterday from the Special Operations Bureau regarding 3
go fast-style smuggling boats that left Cuba with upwards of 58 Cuban nationals, intent on illegally entering the
U,S. At this time, no detentions were made and their whereabouts are still unknown, There is no indication that
this pattern reflects any correlation between citizens seeking asylum in the United States and any type of
organized threat to domestic security,
Jim E, asked if the landings were done at odd hours of the day, i,e. early in the morning, J;>er ~!1ief.Bloom, one
was at 2:30 a.m. and one was at 5:00 a.m. - early morning and in the darkness. It is heliMilfu IiIjf:;1 could
Date: 51
Item #:J lo 1- \ (3 ~
Copies to.
161 1
Collier County Citizens Corps Advisory Committee
November 15,2006
Page 2
have anywhere from 2 months to a year to live, so the situation is being watched carefully. There is a plan in
place for steps to be taken in the County. A meeting is scheduled on Friday to discuss this further because there
has been a lot of activity generated here in recent days. A blockade was out last night with 3 of the S,O.'s boats,
along with U,S, Coast Guard, Marco Island and Naples, for a total of9 boats,
Per Walt, people don't realize that when someone makes it onto our shore that this is an infringement on our
national security, Per Chief Bloom, about 9 months ago several Hezbollah members were caught crossing the
Mexican border (this info has been declassified). There are ties out there - these people change their looks and
are recruiting continuously. We need to be very concerned with the instability of Cuba and of Ortega and Chavez,
There is no doubt that Venezuela is supporting Cuba, Per Walt, we have so much shore, with people living right
on the water, people walking the beach, etc" and yet no one takes the time to pick up the phone and call in
suspicious activity. We need the public's assistance. Walt asked that the County play the "Waterway Watch
Program" video that the Coast Guard has, Will get a copy to Jim V, for CCTV. There is a place where a cut can
be made to include a talk from the Sheriffs Office to discuss the local program,
Per Chief Bloom, the go-fast boat is anywhere from 28-35 feet long with 2-3 outboards, holding 10-15 people,
Some things the S,O. looks for with boat inspection is fueling and food supplements. Boats leaving here are
carrying illegal tanks, not properly approved for storage of fuel, along with GPS equipment saying they are going
fishing, but don't have any fishing rods. The more pressure they are seeing on the southern end, the further north
the illegals will go. We were left vulnerable last night, so Tampa USCG sent two boats down. There are 88
nautical miles in Collier County, with 7 marine officers working 24/7, 365 days a year. The Sheriffs Office
needs the help from Fish & Wildlife, Coast Guard, etc.
Markings on these boats include having their hull markings changed. In most cases they are regular, registered
boats, Sometimes as part ofthe smuggling operation, they will bring in a family and once they are registered
here, they have to register the boat in their name, so the boat cannot be tracked to its origin, Per Chief Bloom,
Collier County is ahead of the curve, They have had many successful prosecutions,
There is air surveillance with night vision, but there is no blimp surveillance; however, the S,O.'s office is looking
at this. Sheriff Hunter wants radar surveillance here, as we are very vulnerable - need funding from legislators.
Per Doug Porter, the c.A.P, planes are not allowed night vision on their aircraft.
In closing, Chief Bloom said he will let the Citizens Corps know how they can help, Walt said that in his position
with the Auxiliary Coast Guard, he can get assets from the east coast, if necessary, Gerry Sugarman asked about
grants to help. Per Jim V" the Sheriffs Office has their own grant writer.
New Business
Election of Officers
Per meeting of October 18, 2006, Reg Buxton and Gerry Sugarman were nominated for the position of Chair. No
other nominations made. By a vote of 5 to 3 (8 total Voting Members), Reg Buxton was elected Chair.
Russ Rainey was the only person nominated for Co-Chair position, and voted in unanimously.
Per meeting of October 18, 2006, Jerry Sanford was nominated for Secretary position, Russ Rainey nominated
Gerry Sugarman for this position - Gerry declined the nomination. Jerry Sanford was voted in unanimously.
Per Jim von Rinteln, thanks to last year's officers and congratulations to the new officers, The Citizens Corps
group provides help to Emergency Management through the Board of County Commissioners,
EOC Grant
Per Jim V., we secured $3.1 million toward construction of the new ESC with the EOC grant through the State,
We are now awaiting legislative approval and are looking at upwards of$55 million for construction. We may
get more of the grant money, as others may turn money back in since they aren't able to execute the grant.
We are looking at a possible ground-breaking ceremony in mid-December. All of the group will be receiving
formal invitations, Looking at two years for construction, with the EOC opening prior to the 2008 hurricane
season, The 9 I I center will open later, due to testing of equipment. The original cost of the ESC 8 years ago was
$14 million, and 2 Yz years ago the cost was about $28 million. Nothing has changed in the construction of the
building - trade costs have increased,
161 1
Collier County Citizens Corps Advisory Committee
November 15,2006
Page 3
Old Business
Exercise Update
In Rick Zyvoloski's absence, Jim V. couldn't fill in, but said the exercise is still being planned and participation is
encouraged, The pandemic hasn't shown up yet, however, we need to keep this in the forefront of planning. Reg
said he met with Allen Weiss ofNCH who brought up the fact that 28% of the world's population died in 1918
due to the pandemic, This was 125 million people. If 28% of the world's population died at this point, that would
equal 1,5 billion people, and this does not take into account the fact that transmission is easier now. Chief Bloom
said this needs to be treated as a disaster - plan on 1/3 of your staff being affected. People should be alarmed and
take this seriously, An epidemic occurs once every 30 years, so we are due for one, At this point the County is
out of the flu vaccine, but we are expecting another shipment.
Per Jim V" will hold a hurricane exercise the end of May,
Membership Applications
Jim V, has received the required paperwork from CERT, Veteran's Council and Salvation Army, and needs
paperwork from CAP, Sheriffs Office and American Red Cross as soon as possible to make them legal voting
members. The application is online, and he needs a letter from your organization nominating you, Send to Jim V,
and he will get the information to Sue Filson in the BCC.
Next Meeting/ Adiourn
Discussion regarding next month's meeting scheduled for December 20, 2006. This is a time when many are
traveling for the holidays. Next meeting will be held on Wednesday, January 17,2007 at 3 p,m, in the County
Commissioners' Board Room. Members will attend the ground breaking in lieu of December's meeting,
Reg thanked Walt for a great job "steering the ship" as Chair of the Citizens Corps, and he looks forward to
serving as Chair. Walt said it was a rewarding experience to give back to the community and to see things
working, he felt a lot has been done and thanked the members for their support,
As a closing remark, Walt brought up the US Coast Guard Toys for Christmas Program that his wife started five
years ago. They are now expecting 500-600 people, and the Kiwanis Foundation is picking up the program
because it has grown. They have taken care of 5,000 children and expect to collect toys for an additional 2,000
children this year. This will take place on Sunday, December lOth from 5-8 p,m. at 420 South Barfield on Marco
Island, Please bring a $10 toy (reconditioned toys are okay), which will be given to a child at Manatee School.
Walt will get a flyer to Jim V, to distribute to the group. This program won a National Public Affairs Award this
year.
Motion to adjourn the meeting at 3:40 p,m. made by Gerry Sugarman and seconded by Reg Buxton. Approved
unanimously,
Minutes submitted by Mary Ann Cole,
161
1
AGENDA
February 5, 2007 9:30 AM
RE:CE/\/~
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COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE
Collier County Community Development Services Building
2800 N. Horseshoe Naples, FL 34104
Conference Room #609
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 THAT
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
PLEASE ENSURE ALL PAGERS AND CELL PHONES ARE OFF OR IN A QUIET POSITION.
-.. I j ~
t-Ia a-.--...-"-':;:-----
Halas---if---
Henning~-------
Coyle --~~----
Coletta .- ----L/------
Regular Meeting
I.
Call to Order
II.
Roll Call
III. Approval of Agenda
IV. Approval of Minutes: January 8th, 2007
V. New Business:
A. New Application:
1, Diamond Demand Concierge Services, Inc, - New CTO
2, Executive SUV Limousine Service, Inc. - New CTO
VI. Complaint Report - Michaelle Crowley
VII. Discussion:
a. Chairperson Election
b. Temporary Decals
VIII. Speakers
IX. Next Scheduled Meeting Date: March 5th, 2007
X. Adjournment
MIsc. Corres
Date:--2J 'J1 (61
Item #: I w T- I (Z) 5
COPies to.
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Halas ----v---
Henninq.. ~.
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Coletta ---,.-.b/--"':"'.
161
1
December 5, 2006
MEETING OF THE MEETING OF COLLIER COUNTY
DOMESTIC ANIMAL SERVICES ADVISORY
COMMITTEE
Naples, Florida, December 5, 2006
RECEIVED
JAN 3 0 2007
':loam ()f C
Ounry Commissionen;
LET IT BE REMEMBERED, that the Collier County Domestic Animal
Services Advisory Committee in and for the County of Collier, having
conducted business herein, met on this date at 6:30 PM in REGULAR
SESSION at Domestic Animal Services Training Room, Davis Blvd., East
Naples, Florida with the following members present:
CHAIRMAN: Dr. Randall Eisel
Karen Acquard
Michele Antonia
Marcia Breithaupt
Sergeant David Estes (Absent)
Tom Kepp, Jr.
Sabina Musci
ALSO PRESENT: Margo Castorena, Director of DAS
Nan Gerhardt - Shelter Operations Manager
Misc. Co~er.,........., I r-'\ _
Date:~
Item#J~ L( 6 ~
t 6 ,. 1.
December 5, 2006
1. Call to Order
The meeting was called to order by Chairman Dr. Randall Eisel at 6:35 P. M.
2. Roll Call
Roll call was taken and a quorum established.
3. Approval of Agenda
Tom Kepp moved to approve the agenda. Second by Karen Acquard and
carried unanimously, 6-0.
4. Approval of Minutes: October 17, 2006
(November meeting was combined with December meeting)
Karen Acquard moved to approve the Minutes of October 17, 2006 as presented.
Second by Michele Antonia and carried unanimously, 6-0.
5. Director's Report
DAS Statistics and Reports: (hand-out)
Margo Castorena provided reports on:
· Shelter activities for October and November, part of which includes the
number of Adoptions (126 dogs-27 cats in Oct.; 63 dogs-50 cats in Nov.)
Return to owner (58 dogs-7 cats in Oct.; 63 dogs-7 cats in Nov.)
· Officers Monthly Acti vity Totals for October (1,185) and November
(1,036). This is a compilation of the various investigations and follow-ups
on barking complaints, County Ordinance infractions, abuse, negligence
and abandoned animals.
· A graph showing comparisons by month of the number of volunteers and
in number of volunteer hours. (Oct. 42 Volunteers, 311.7 volunteer hours;
Nov. 38 Volunteers, 145 volunteer hours).
· Medical stats: (Oct. -17 outpatient, 100 shelter; Nov. - 17 outpatient, 120
shelter.
She noted that more dogs than cats are adopted. Many animals are coming in
with upper respiratory infections and coughs. Efforts are being made to find ways
to encourage more cat adoptions. One option may be a discount fee for cat
adoptions. Many avenues are being explored to reduce the numbers euthanized.
Reasons given for animals being turned in, is because owners are moving or
having too many animals.
Other topics brought up to the Committee Members were:
A. The BCC's acceptance of Marcia Breithaupt as the new member of DAS
Advisory Committee at their November 14, 2006 meeting. Margo and the
Members welcomed her to the Advisory Committee Board.
B. Asking permission to bring forward three initiatives to BCC for consideration:
1. Micro-chipping after the first impound, before returning to owner.
2. Clearing up wording in the Ordinance regarding dangerous dogs. At issue
2
,16 r 1
December 5,2006
is the definition of'dangerous dog". It seems to imply only after the first
bite or attack, when sometime there should not be an opportunity for a
second attack before being declared a dangerous dog. The proposal is to
take it out of the Ordinance and to leave it up to the discretion of the
Animal Control Officer.
3. Putting in for a change to a fee structure by resolution process, rather than
the more complex Ordinance change process.
Lengthy discussion followed on the various components in the Ordinance
regarding these three items.
6. Old Business
a. Howl-A-Day Jubilee (DAS Charitable Trust Fundraiser)
Nan Gerhardt reported on the tremendous success of this fundraiser and
plans are underway for next year, with many sponsors and vendors calling in
wanting to participate in the next event. Many adoptions resulted. Donations
are still coming in. Over 2,000 people attended, surpassing the numbers of
several other major County events. Meetings are underway for ideas and
improvements for the next event. Staff was complemented by the public for
having an event where owners could involve their pets.
b. Report on progress on microchip proposal - Previously discussed
c. Spay-Neuter Day Report
Margo Castorena reported that there was a huge response to this event. Over
100 referrals were made to the different participating veterinarians; more than
last year. Positive feedback from Veterinarians and the public has been
received. Suggestions and ideas, (including taking deposits or, even better,
pre-paying to insure against no-shows in future events) were put forth.
d. Migrant Matrix Report
Margo Castorena spoke of this symposium, brought to the attention of DAS
by Michele Antonia. This is an event that provides contacts with the
migrant population to provide information, in Spanish, to educate about the
spay and neuter programs and to encourage them not to abandon pets when
they move. This causes them to form packs, creating a danger to children.
7. New Business
Discussion of Pet Breeder's Fee (Requested by Board Member Tom Kepp)
Tom Kepp reported on his research and sees the problem being one of education
and of enforcement. He provided to the Members, for informational purposes, a
copy ofa part of the Animal Control laws, (Section 14-26 through Section 14-41).
He pointed out that the laws are already there, but need enforcing. He did express
a concern is that people will start dumping animals if they just receive multiple
citations, with no follow-up and/or a working co-operative effort.
3
December t6 I 1
Several suggestions and ideas were discussed including:
. Giving opportunity to spay/neuter before giving citation
. Breeders license requirements, i.e. (2 litters in one year -considered a breeder)
. Pointing out several ways to target sellers who advertise.
. Requiring some type of permit to sell litters
. Media responsible to check for license/permit numbers before accepting ads
. Have trained person to check ads weekly and check for breeder license
. Writing more citations.
Margo offered to bring these points up with the legal department to explore
different avenues open to DAS. She also reminded the Committee of the
advantage of the Special Master to lien property if cited and fines are ignored. A
report will be available at the next meeting showing the amounts generated by the
citations written. Something new being tried is that officers will be assigned to
certain districts, becoming a familiar presence in Homeowner Associations,
agencies and even at the Reservations. Progress is being made with getting
officers into the field early in the day when animals are out.
8. Public Comments -
Tina Bland, Animal Compassion, commented on the fact that plants cannot be
advertised or sold through the newspaper without a license. Why not the same for
selling animals? She also commented on a 2-part video on strays, overpopulation
in Collier County and spay/neuter day.
Margo will call IF AS regarding a State statute on plant-sales licenses. Although
there is none now, she will inquire if similar one is feasible for animals.
9. Advisory Board Member Comments
Marcia Breithaupt commented on how much everyone enjoyed How-a Day.
Karen Acquard expressed appreciation to DAS for how well her pet was taken
care of by DAS.
Tom Kepp and Sabina Musci passed on Holiday Greetings to everyone
There being no further business for the good of the County, the meeting was
adjourned by the order of the Chair at 7:58 P.M.
Next meeting date is January 16, 2007
************
Collier County Domestic Animal Senrices
Chairman Dr. Randall Eisel
4
.16' 1
c::;o~-y C::;O'u:nty
~ ~-
Memorandum
RECEIVED
JAN 3 0 2007
8
O..ardOju I..
n.; Corn_'
F . "HIIISsioners
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Coyle.____ _
' " _"_~'_~_d",,_
Coletta_____ .
", .. ..- .,,- ,.+,..~.. .._~_..'..~,~..."."
To:
Sue Filson
From:
Ekna Guevara
Date:
January 27,2007
Subject:
Immokalee committees meeting minutes and agendas
Good Afternoon Sue,
I have included the agenda and minutes for the meetings we have held this past month to date with
the "Immokalee Plan and Visioning Committee". Also, included is a copy of the agendas and
minutes for the "Immokalee Community Redevelopment and Advisory Committee" whom are one
in the same with the "Enterprise Zone Development Agency". Both committees meet jointly once a
month. Please let me know if I can do anything else to help.
Ekna Guevara, Planning Technician
(239) 659-5749
eknaguevara@colliergov.net
Misc. Corres:
~~~~~:, j~ J-.-\d-' lo-r-
~Jtern.Jt: I I ^ T 1..<<. =r
~
Copies to:
16' 1
@
January 17,2007
Career and Service Center of Collier County- Immokalee
750 South 5th Street
Immokalee, FL 34142
8:30 a.m.
AGENDA
ANNUAL MEETING OF THE IMMOKALEE ENTERPRISE ZONE
DEVELOPMENT AGENCY AND THE REDEVELOPMENT AREA
ADVISORY BOARD
A. Call to Order
B. Roll Call and Announcement of Quorum
C. Annual Election of Officers
1. EZDA 2007-04: Annual Meeting. Election of Officers and Reappointments
for 2007. (Ene-I) ACTION ITEM
D. Other Business
E. Next Annual Meetine:
F. Adiournment
AGENDA
Community Redevelopment Agency Advisory Board and IMPVC
A. Call to Order
B. Roll Call and Announcement of Quorum
C. Adootion of Ae:enda
D. Adootion of Minutes of the December 20,2006 Joint Meeting
(Ene. #2)
E. Communications (see communications folder at meeting)
F. Old Business
1. CRA 2006-10: Redevelopment of the Farmers' Market
2. CRA 2006-00: Status of Collier CountylRMPK Group Contract
3. CRA 2006-12: Status of East of951 Infrastructure and Services
4. CRA 2006-05: SR 29 Bypass Project
5. CRA 2006-02: Status ofFSU Medical School Satellite Training
Center in Immokalee
G. New Business
1. EZDA 2007-01: Presentation Regarding New Market Tax Credits
Program by DSG Community Marketing Services (will be
Present)
2. CRA 2007-05: New Projects in Immokalee Area
ACTION ITEM
ACTION ITEM
INFORMATION
INFORMATION
INFORMATION
INFORMATION
INFORMATION
INFORMATION
INFORMATION
a. Haven Economic Development, Inc.. ..planned 150 unit
affordable houses for Immokalee ($150,000+)
H. Citizen Comments
I. Next Joint Meetine: Date (February 21, 2007, at 9:30am)
J. Adiournment
.161 1
ACTION ITEM
ACTION ITEM
AGENDA
Enterprise Zone Development Agency (EZDA)
A. Call to Order
B. Roll Call and Announcement of Quorum
C. AdoDtion of A.2enda
D. AdoDtion of Minutes from December 20, 2006, Meeting (Ene. 2)
E. Communications (see communications folder at meeting)
F. Old Business
1. EZDA 2006-08: Recommendation to establish a EZDA/CRA Advisory
Board Office in Immokalee (Ene. 3) INFORMATION
G. New Business
H. Citizen Comments
I. Next Meetine: Date
J. Adiournment
ACTION ITEM
ACTION ITEM
ACTION ITEM
ACTION ITEM
AGENDA
Community Redevelopment Agency Advisory Board
A. Call to Order
B. Roll Call and Announcement of Quorum
C. AdoDtion of Ae:enda ACTION ITEM
D. AdoDtion of Minutes of the December 20,2006, Meeting (see Ene. 2)ACTION ITEM
E. Communications (see communications folder at meeting)
F. Old Business
1. CRA 2006-00: Contract Oversight Committee Report RMPK INFORMATION
2.CRA Recommendation to Approve "Inventory and Analysis
Report" and authorize payment
G. New Business
1. CRA 2007-08: Discussion of Advisory Board Recommendation
for Fiscal Year 2007-2008 Budget Request (Ene. #4)
H. Citizen Comments
I. Next Meetine:
J. Adiournment
ACTION ITEM
ACTION ITEM
ACTION ITEM
* The next joint IMPVC and CRA Advisory BoardlEZDA meeting will be held February 21,2007 at 8:30 a.m.
** The next IMPVC meeting will be held on Tuesday, February 6, 2006 at 5:30 p.m. at the Career and Service
Center located at 750 South 5th Street in Immokalee, Florida, 34142
Agency.
All meetings will be publicly noticed in the W. Harmon Tumer Building (Building F), posted at the Immokalee Public Library and provided to the County
Public Information Department for distribution. Please call Ekna Guevara, Planning Technician, at (239) 659-5749 for additional information. In
accordance with the Americans with Disabilities Ad, persons needing assistance to participate in any of these proceedings should contact E1ma
Guevara, Planning Technician at least 48 hours before the meeting. The public should be advised that members of the Immokalee Master Plan and
Visioning Committee and the CRA Advisory Board are also members of other Boards and Committees, including but not limited to: EZDNCommunity
Redevelopment Advisory Board, Immokalee Fire Commission, and the Collier County Housing Authority, etc. In this regard, Matters coming before
the IMPVC and CRA Advisory Board may come before one or more of the referenced Boards and Committees from time to time.
161 1
December 20, 2006
Career and Service Center of Collier County-Immokalee
750 South 5th Street
Immokalee, FL 34142
8:30 a.m.
MINUTES
Joint Meeting
Immokalee Local Redevelopment Advisory Board
and
Immokalee Master Plan and Visioning Committee
A. Call to Order Chair Fred Thomas, Jr. called the meeting to order at 8:50am.
B. Roll Call
CRAlEZDA members present were, Bernardo Barnhart, Rick Heers,
Bob Soter, Eva Deyo, Ira Malamut, Denise Blanton, Captain Tom Davis,
and Fred Thomas, Jr., Floyd Crews Richard Rice, Robert Halman. Absent
were Anal Salazar (excused), Cristina Perez, and Julio Estremera.
A quorum for conducting business was present.
IMPVC meembers present included Ski Olesky, FredThomas, Jr., Rick Heers,
Floyd Crews, and Richard Rice. Absent were Raymond Holland, Esmeralda
Serrata, Leo Rodgers and William O'Neill.
Others present were Sharon Howard, Tracy Miguel, Andrea Halman, Jim Kenney,
Dennis Perry, Jim Coletta, Tom Jones, Mike Taylor, and Tammie Nemecek.
Staff present: Ekna Ouevera and Tom Greenwood
c. Adoption of Ae:enda Approved with addition of discussion of Catalyst Project
proposed Memorandum between Collier County and other counties involved in
Rural Area of Critical Economic Concern. (item 05 on agenda) upon motion by
Richard Rice and second by Floyd Crews.
D. Adoption of Minutes Minutes of the November 29th meeting were approved
upon motion by Bob Soter and second by Eva Deyo.
E. Communications. A communications folder was distributed. Handouts for
information included 2007 meeting schedule, article on small airports, foreign
trade zone information, articles on housing from the Planning magazine of the
American Planning Association, and 5-year fund 186 projected revenues, expenses,
and encumbrances.
1
F. Old Business
1. CRA 2006-01: Redevelopment of the Farmers Market. No new report and
next report not likely until the state completes the engineering study by late
March.
2. CRA 2006-00: Immokalee Master PlanlLDC Overlay Update
The November 14 draft lAMP is under revisions based upon review from
seveml reviewers. Consensus was that the following would transpire as soon
as possible:
. Public V ettin~. Bound copies of the revised lAMP would be brought to
Immokalee for hand delivery to members and a special meeting set for the
Advisory Board and IMPVC to review the document with the consultant with a
minimum 10-14 days set aside for review of the document. Once the CRA
Advisory Board and IMPVC are OK with the contents of the lAMP, then the
document would go to a public workshop, to the Planning Commission, and then
to a joint workshop between the Planning Commission and the BCC.
. Web Site. The revised lAMP would be put on the County web site.
. LDC Amendments. Get the consultant busy with the development of the LDC
amendments as soon as possible in conjunction with the lAMP public vetting.
3. CRA2006-12: Status of East of951 Infrastructure and Services Study. Clarence Tears,
Richard Rice and Tom Jones all gave briefings on the meeting held on December 19. It
was reported that the area east of 951 will be analysed using interactive growth models
for sub-areas and the results of the model will dependent upon the data and assumptions
placed for each of the subareas. The consultant will be present at the next 951 meeting
scheduled for January 22 near the fairgrounds on Immokalee Road.
4. CRA 2006-05: SR 29 Bypass Project. No new report.
5. CRA 2006-02: FSU Medical School Satellite Traning Center in Immokalee. No new
report.
6. CRA 2007-01: Four Year Review of Redevelopmem Advisory Board Operations and
Maior Proiects. This report, approved during the November 15 meeting, will go to the
BCC on March 27 and the chair will be asked to attend the interview with the BCC.
7. CRA 2007-03: New Career Center/One Stop Shop Project. Fred Thomas gave an
update.
8. CRA 2007-04: Redevelopment Advisory Board Communication with the Airport
Authority and the BCC Relative to Leasing of Land at the lmmokalee Re~ional Airport
for Industrial Development. No report. Jim Kenney, manager of the airport, did state
the following:
. Taxiway C, a north-south taxiway is now under construction.
. C-tech is about to locate and the airport
. An incubator building will be constructed
. There is a 20 person waiting list for T hangars
. The airport master plan is underway and should be complete in about 12 months.
. Staff provided input for the lAMP.
G. New Business
1. CRA 2007-05: New Projects in Immokalee Area. The October 1,2004 through
September 30, 2006 building permit report showed that a total of 277,217 square feet of
housing building floor area was constructed and a total of215,444 square feet of non-
residential building construction was added with a total valuye of $30,045,696. This data
can be used to support increased economic development in Immokalee and gives an
indication that future tax increments could be large than those forecast. No action was
taken.
161
1
2
~
161 1
2. CRA 2007-06: Discussion of the Impact Fee Deferral Program. This summary of
program results was reviewed stating that the 3-year program sunsetted on November 18,
2006. The Board reviewed the 5-year projected annual repayment of the impact fee
deferral program to the general fund as provided for in the ordinance which created the
program.
3. CRA 2007-02: Discussion of New Residential Program-Collier Academy. After review,
there was no action taken.
4. CRA 2007-07: Discussion of Request from the EDC of Collier County for Impact Fee
Assistance for Several Companies Considering Location with the Florida Tradeport. Tom
Greenwood reviewed the Fund 186 5-year projections of revenues, expenditures and
encumbrances as prepared by Mark Isacson of the Budget Office. Tammie briefly
reviewed the 4 programs: fee payment assistance program; property tax stimulus
program, job creation investment program, and advanced broadband infrastructure
investment program. Each of the programs are performance based...in other words, the
payments are made to the companies only after they have demonstrated that they have
done what they said they were going to do in an agreement. There was uncertainty as to
whether the Fund 186 is used at all to reimburse the companies following their
completion of the investments/jobs, etc. called for in the performance agreement. There is
no indication in the Ordinance read this morning that Fund 186 is tied to the incentives
programs. The following status of companies was provided which used or proposed to
use economic financial incentives:
. Guadalupe Center and Training and Manufacturing Institute are done.
. Salazar Machine and Steel and Pace Center for Girls is approved to move forward.
. C- Tech Manufacturing (200 new jobs) will not need the fee assistance
($1,146,668).
Following further discussion, Ms. Nemecek stated that no action on this request is needed
and that some clarification will be made regarding the incentives programs and the use of
Fund 186. The Board asked that the EDC brief the Board on future such companies
having plans for the Immokalee area.
5. CRA 2007-08: EDC Request for Support of Memorandum of Understanding Regarding
the Catalyst Proiect in the South Portion of the Rural Area of Critical Economic Concern.
Tammie Nemecek review the draft memorandum due to go to the BCC on January 9.
The memorandum would let Collier County property owners submit proposed sites of
100+ acres for a project involving the life sciences. After further discussion support of
the Board was approved based upon a unanimous vote preceded by a motion by Richard
Rice and second by Ira Malamut. Fred Thomas would send a letter to the Board of
County Commissioners.
H. Citizen Comments None
I. Next Joint Meetinl! Date (January 17 at 8:30am)
J. Adioumment The meeting was adjourned at 1 0:20am.
AGENDA
Enterprise Zone Development Agency (EZDA)
A. Call to Order The meeting was called to order at 1 0:20am by Chair Fred Thomas, Jr.
B. Roll Call and Announcement of Quorum. See roll call above under joint meeting.
C. Adoption of A2enda. Agenda was approved based upon unanimous vote made by Denise
Blanton and second by Richard Richard Rice.
D. Adoption of Minutes of the November 29 meeting were approved unanimously upon
motion made by Denise Blanton and second by Rick Heers.
3
161 1
E. Communications. None other than those previously submitted.
F. Old Business
1. EZDA 2006-06: Current Business Inquiries. Report given by Tammie Nemecek
during the joint meeting.
2. EZDA 2006-09: Reconsideration of Recommendation to Ex{>and the Enterprise
Zone. After discussion of the need to reduce the size of the enterprise zone by an
equivalent amount of land area to offset the land area expansion, the Board
voted unanimously to table the matter indefinitely upon motion by Rick Heers and
second by Ira Malamut.
3. EZDA 2006-08: Discussion of Recommendation for Permanent Staff for the EZDA
And the CRA Advisory Board in Immokalee. The Board was apprised that the
recommendation from the November 15 meeting was scheduled to go before the BCC
and the CRA on January 23. Several members stated that they would like to attend.
4. EZDA 2007-01: Discussion of New Markets Tax Credits. A presentation is
tentatively scheduled for the January 17 regular meeting.
5. EZDA 2006-04: Economic Incentive Programs. Discussed earlier.
G. New Business
1. EZDA 2007-03: EZDA October-December. 2006 Ouarterly Report. The report was
accepted unanimously for transmittal to the BCC per Ordinance No.95-22 upon
motion by Bob Soter and second by Denise Blanton.
H. Citizen Comments. None.
I. Next Meetine:. January 17 at 8:30am.
J. Adioumment. Meeting was adjourned at 10:30am
A,2enda
A. Call to Order The meeting was called to order at 10:30am by Chair Fred Thomas, Jr.
B. Roll Call and Announcement of Quorum. See roll call above under joint meeting.
C. AdoDtion of Ae:enda. Agenda was approved based upon unanimous vote made by Denise
Blanton and second by Richard Richard Rice.
D. AdoDtion of Minutes of the November 29 meeting were approved unanimously upon
motion made by Denise Blanton and second by Rick Heers.
E. Communications. None other than those previously submitted.
F. Old Business.
1. CRA 2006-01: Status of 10th Street Extension Engineering and Construction. It was
reported that nothing has changed and that Habitat for Humanity has chosen to
apply for CDBG funds in another project where a greater number of affordable housing
units would be the result.
2. CRA 2006-00: Contract Oversight Committee Report RMPK. No report.
G. New Business
1. EZDA 2007-03: Annual Meeting and Election Officers at January 17 meeting.
The Ordinance providing for the EZDA provides for the following:
. Annual meeting during the first month of the year and
recommendation of chair and vice chair to be approved
by the Bce
Terms of office of 8 members end on April 4, 2007, including Crews, Heers, Mala-
mut, Perez, Salazare, Soter, Rice, and Estremera. Staff was advised to ask each of the
8 members complete an application form. Staffwill handle the paper work and contact
the 8 members.
4
161
1
H. Citizen Comments. None.
I. Next Meetine:. January 17 at 8:30am.
J. Adjournment. Meeting was adjourned at 1 0:40am
*The next joint IMPVC and Immokalee Redevelopment Advisory Board meeting will be held Wednesday,
Janaury 17, at 8:30 a.m.
** The next IMPVC meeting scheduled for Tuesday, January 9 at 5:30 p.m has been cancelled.
All meetings will be publicly noticed in the W. Harmon Turner Building (Building F), posted at the Immokalee Public Ubrary and provided to the County
Public Information Department for distribution, Please caD Elma Guevara, Planning Technician, at (239) 659-5749 for additional information. In
accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Ekna
Guevara, Planning Technician at least 48 hours before the meeting, The public should be advised that members of the Immokalee Master Plan and
Visioning Committee and the CRA Advisory Board are also members of other Boards and Committees, including but not limited to: EZDAICommunity
Redevelopment Advisory Board, Immokalee Fire Commission, and the Collier County Housing Authority, etc. In this regard, matters coming before
the IMPVC and CRA Advisory Board may come before one or more of the referenced Boards and Committees from time to time.
5
17 Al,
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, / Planning Person: Ashley Blair
Petition No. (If none, give brief description): SNR-2006-AR-I089~inwood Way
Date:
Petitioner: (Name & Address): Rod Gardner, 2382 Francis Avenue, Naples, FL 34112
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before BCC
BZA
Other
Requested Hearing date:
February 27. 2007
Based on advertisement appearing IS 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: SNR-2006-AR-10898, Jon Ogle,
representing the CRA Bayshore/Gateway Triangle, has submitted a street name change application. The request is to
change the names of two streets, Francis Avenue and Pine Street, to Linwood Way. The new street, Linwood Way,
would include Francis Avenue, south of Linwood Avenue to the dead-end intersection with Pine Street, and Pine
Street, North of Francis to Linwood Avenue, in Section 11, Township 50, Range 25, Collier County, Florida
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
costs:
131-138326-649100
No If Yes, what account should be charged for advertising
Reviewed by:
~lnJ_ u~ iJlh,t7
,/ Department Head Date .
Approved by:
County Manager
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head
approval before submitting to County Manager. Note: If legal document is involved, be sure that any
necessary legal review, or request for same, Is submitted to County Attorney before submitting to County
Manager. The Manager's office will distribute copies:
County Manager agenda file: to Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
******************************************************************************************
FOR CLERK'S OFFICE USE ONLY:
Dote Reo.;v.d, III riD 7 Dal. of PubHc hoarin" ~;).1jol Date Advcrt~.d, ~7
HE BOARD OF COUNTY COMMISSIONERS
Y, FLORIDA, RENAMING.FRANCIS A VENUE
LINWOOD WAY, WHICH STREETS ARE
LOCATED IN NA COMMERCIAL CENTER FIRST ADDITION.
SECITON 11, TOWN HIP 50 SOUTH, RANGE 25 ~ST, COlLIER
. COUNTY, FLORIDA; OVIDING FOR AN EFFECfIV~ DATE.
WHEREAS, the legislature f the State of Florida by enacting Section 336.05, Florida
Statutes, has conferred on all counti. in Florida the power to name or rename streets and roads,
except for certain state roads; and
WHEREAS, the County p uant thereto hllll adopted Collier County Ordinance 03-14,
codified 88 Chapter 22. Article X, of the Code of Laws and Ordinances of Collier County,
Florida, which establishes criteria procedures to rename .streets or roads; and
WHEREAS, the Collier Co ty Board of County Commissioners (Board), has held a
public hearing after providing noti as required by said ordinance and has considered the
adviSability of granting the applicati. n of Jon Ogle, Project Managetof CRA BayshorelGatcway
Triangle, to rename Francis Aven and Pine S1:reet, as depicted on the plat of Naples
Commercial Center First Addition mdcd in Plat Book: 8, Page 3 of the Public Records of
Collier County, Florid&. to Linwood ay lIB illustrated on the atta:hed Bxlnbit "A"; and
WHEREAS, the Board has tennined that all criteria and requirements set forth in
Chapter 22. Article X. of the Code Laws and Ordinances have been met and specifically finds
that there is no other street in in or unincorporated Collier County with the same name
or any similar IIOUDdiDi. name as is 'ng requested; and
WHEREAS, the Board has termined tlull it is necessary for identification purposes to
change the nllI1lCS of these streets.
NOW, THEREFORE, BE rr RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COUJ,ER C UNTY, FLORIDA that:
Effective this date, the of the streets described in the above recitals, depicted in
Plat Book 8, Page 3 of the Public R Ida of Collier County, Florida, are changed from Francis
Avenue and Pine Street to Linwood llY, and are confirmed as such.
BE IT FURTIIBR. RESOL that this Resolution be recorded in the Public Records of
Collier County, Florida, and referen upon the maps of the street and zoning atlases of Collier
County, and the above-referenced Plat
This Resolution adopted after 'on, second and supet"majority vote this _ day of
, '1fJ07
A TrEST:
DWIOHI' E. BROCK. CLERK.
BOARD OF COUNTY COMMISSIONERS
COUJER COUNTY, FLORIDA.
, Deputy Clerk
BY:
JIMCOLETIA, CHAIRMAN
17 A
17 A
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IJ70rt
Martha S. Vergara
From: BlairAshley [AshleyBlair@colliergov.net]
Sent: Friday, January 19, 2007 9:55 AM
To: Martha S. Vergara
Subject: RE:
Its SNR-2006-AR-10898. Thank you for checking.
~__.~_~_,.___,^_...._.~__"~.~.,_"~~_~_'~__m.~_.^,_,.__,,,".,____________~_,<<~~_,,__~,_~_,._,,_~'_m.'.~~______'__<___<___.*_<<__.,,,.^_.______><___"_._,_~~..__<_.".n___.~_____,__~__.__,~__,_~<<__~__
From: Martha S. Vergara [mailto:Martha.Vergara@c1erk.collierJl.us]
Sent: Friday, January 19, 2007 9:51 AM
To: BlairAshley
Subject:
Hello Ashley,
I was setting up the ad for the SNR-2006-AR-1089, Linwood Way. In the Proposed Text reads SNR-2006-AR-
10898? I need to know which is correct. Please let me know so that I can send this ad in to Naples Daily.
Thanks.
Martha Vergara
Deputy Clerk - BMR
239-732-2646 ext. 7240
Under Florida Law, e-mail addresses are public records. Jfyou do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
1/19/2007
17A
January 19, 2007
Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: SNR-2006-AR-I0898, Linwood Way
Dear Legals:
Please advertise the above referenced notice on Sunday, February 11, 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 # 131-138326-649110
17A
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 27, 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.
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, RENAMING FRANCIS AVENUE AND PINE STREET TO LINWOOD WAY, WHICH
STREETS ARE LOCATED IN NAPLES COMMERCIAL CENTER FIRST ADDITION, SECTION
11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; PROVIDING
FOR AN EFFECTIVE DATE.
Petition: SNR-2006-AR-10898, Jon Ogle, representing the CRA
Bayshore/Gateway Triangle, has submitted a street name change application.
The request is to change the names of two streets, Francis Avenue and Pine
Street, to Linwood Way. The new street, Linwood Way, would include Francis
Avenue, south of Linwood Avenue to the dead-end intersection with Pine
Street and Pine Street, North of Francis to Linwood Avenue, in Section 11,
Township 50, Range 25, 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
JAMES COLETTA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
17A
Dwight E. Brock
Clerk of Courts
'CQqptymofC~l,1ier
CLERK OF THE"CIRCUIT COURT
COLLIER COUNTYCp.' URT~OUSE
3301 TAMIAMI T~IL EA~T
P.O, BOX 4~~044 ",
NAPLES, FLORIDA~~jlOl-3d*'1A
-I
~/ i
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
January 19,2007
Rod Gardner
2382 Francis Avenue
Naples, FL 34112
Re: Notice of Public Hearing to consider Petition
SNR-2006-AR-I0898, Linwood Way
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, February 27, 2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, February 11,2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Martha Vergara,
Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.clerk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerk@clerk.collier.fl.us
17 A
. .'~4
Martha S. Vergara
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Friday, January 19, 2007 3:47 PM
Martha S. Vergara
Delivered:
Attachments:
Untitled Attachment
B
Untitled Attachment
<<>> Your message
To:
Sent:
legals@naplesnews.com
Fri, 19 Jan 2007 15:46:53 -0500
was delivered to the following recipient(s):
legals, NDN on Fri, 19 Jan 2007 15:47:02 -0500
1
rr' ~!'.;(. Nolarv PIII,!.e State of Flo'id6
l ~' SuSd:
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SNR-2oo6-4R-I0898
NOTICE OF
PUBLIC HEARING
Notice is hereby given
that the Board of County
! Commissioners of Col.
lier County will hold a
public hearing on Tues.
day, February 27, 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,
AIlESol OF THE
BOAR OUNTY
COM US OF
COLLIER COUNTY,
FLORIDA, RENAMING
FRANCIS AVENUE AND
PINE STREET TO LIN-
WOOD WAY, WHICH
STREETS ARE LOCATED
IN NAPLES COMMERCIAL
CENTER FIRST ADDITION,
SECTION 11. TOWNSHIP
50 SOUTH, RANGE 25
EAST, COLLIER COUNTY.
FLORIDA; PROVIDING
FOR AN EFFECTIVE DATE.
Petition: SNR-2006-AR-
10898, Jon Ogle, repre-
senting the CRA Baysho.
re/Gateway Triangle,
has submitted a street
name change applica-
tion. The request is to
change the names of
two streets Francis
Avenue and Pine Street, i
to Linwood Way. The
new street, Linw\lod
Way, would include
Francis Avenue, south
of Linwood Avenue to
the dead-end intersec.
tion with Pine Street
and Pine Street, North
of Francis to Linwood
Avenue, in Section 11,
Townsh p 50, Range 25,
Col!ier County, FloriCla
NOTE: All Persons wish-
ing to speak on any
agenda item must regis-
ter with the County Ad-
ministrator frlor to pre-
sentation 0 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 organization
may be allotted 10 min.
utes to speak on an
item.
Persons wishing to
have written or graphic
materials included in
the Board agenda pack-
ets must submit said
material a minimum of 3
weeks plliGr to the reo
spective public hearing.
In any case, written ma-
terials Intended to be
considered by the Board
shall be submitted to
the appropriate County
staff a minimum of sev-
en days prior to the
public hearing. All ma,
terial used in presenta-
tions before the Board
will become a perma.
nent part of the record.
Any person who decld.
es to appeal a decision
of the Board will need a
record of the proceed-
ings pertaining thereto
and therefore, may need
to ensure that a verba.
tim record of the pro-
ceedings Is madeh which
record includes t e tes-
timony and evidence
~P~~se"d~iCh the appeal
NAPLES DAILY NEWS
Published Dai1\
Naples. FL:I.+ 102
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] time in the issue
on February II rho 2007.
Affiant further says that th~ said ;\apb Daily ;\ews is a n~wspap~r
puhlish~d at "aples. in said Collier County. Florida. and that the said
newspaper has heretof{lre heen continuously puhlished in said Collier
Countv. Florida: distrihuted in Collier and I.ee <'ountles or Florida.
each day and has heen entered as second class mail matter at the post
ollice in "apks. in said Collier County. Florida. l,)r a pcriod of I
year next preceding the lirst puhlieallOn orthe attaehed eopv of
advertisement: and afliant further says that he has neither paid nor
promised any person. firm or eorporation any diseount, rehate.
eommission or refilnd for the purpose of seeuring this advertisement for
puhlieation in the said newspaper.
/J. ~
( Signature of affiant)
S\\orn to and subscribed before me
This II rll of February 1007
~ID{A'-
(Signature of notal) public)
FEl 5<)-2578:127
BOARD OF COUNTY
COMMISSIONERS
COLLIER COUNTY.
FLORIDA
JAMES COLETTA, CHAIR.
MAN
DWIGHT E. BROCK,
CLERK
By: Martha Vergara.
Deputy Clerk
(SEAL)
Feb. 11 No. 1509657 I
--,~--'.- ;,
l?A
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. TIle 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
excention of the Chainnan's sil'1nature, draw a line thmul'h routinv lines # I throuP'h #4, comnlete the checklist, and fOlward to Sue Filson line #5).
~oute to Ad~tessee(s) Office Initials Date
List in routin!! order
!.Judy Puig CDES Administration
2.
3. }
"
4. ,
5. Sue Filson, Executive Manager Board of County Commissioners
.
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder afthe original document pending BCe approval. Nonnally the primary contact is the person who created/preparj;'ld the executive
summary. Primary contact infol111ation is needed in the event one ofilie addressees above, including Sue Filson, need to contact staff for additional! or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only alter the BCC has acted to approve the
item.)
Name of Primary Staff Ashley Blair Phone Number 213-2942 ,
Contact Senior Planner,
Zonine and Land Dev. Review ,
Agenda Date Item was February 27,2007 Agenda Item Number 17A
Annroved bv the BCC ,
Type of Document SNR Resolution (AR-I0898) Number of Original I ,
Attached Documents Attached ,
1.
INSTRUCTIONS & CHECKLIST
Initial the Ves column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chainnan and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
The document was approved by the BCC on_2/27/07_(enter date) and all changes
made dnring the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a [icable.
2.
3.
4.
5.
6.
Ves
(Initial)
N/A (Not
A Iiqable)
t<i?
NI~~
~
~
N/f1;:"
~
~
MEMORANDUM
Date:
April 13, 2007
To:
Jeff Page, Chief
EMS Department
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Renamin1!: of Streets/Roads:
Resolution 2007-44: Renaming Francis Avenue and Pine
Street to Linwood Way
Enclosed for your records, please find one copy of the Resolution documents
referenced above, Agenda Item #17 A which were adopted by the Collier
County Board of County Commissioners on Tuesday, February 27, 2007.
If you should have any questions, please feel free to contact me at 774-8411.
Thank you.
Enclosure
17/1
MEMORANDUM
Date:
April 13, 2007
To:
Don Hunter, Sheriff
Sheriff's Department
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2007-44: Renaming Frances Avenue and Pine
Street to Linwood Way
Attached, for your records, please find one copy of the document, as
referenced above, Resolution 2007-44 (Agenda Item #17 A) adopted by the
Collier County Board of County Commissioners on Tuesday, February 27,
2007.
The original Resolution is being retained in Minutes and Records for public
record.
If you have any questions, please call me at 774-8406.
Thank you.
Enclosure
fl c,
c..;.
RESOLUTION NO 2007 -44
, .~.~
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, RENAMING FRANCIS AVENUE
AND PINE STREET TO LINWOOD WAY, WHICH STREETS ARE
LOCATED IN NAPLES COMMERCIAL CENTER FIRST ADDITION,
SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
"
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WHEREAS, the legislature of the State of Florida by enacting Section 336.05, Florida =
-
~
Statutes, has conferred on all counties in Florida the power to name or rename streets and roads, ~
except for certain state roads; and
WHEREAS, the County pursuant thereto has adopted Collier County Ordinance 03-14,
codified as Chapter 22, Article X, of the Code of Laws and Ordinances of Collier County,
Florida, which establishes criteria and procedures to rename streets or roads; and
WHEREAS, the Collier County Board of County Commissioners (Board), has held a
public hearing after providing notice as required by said ordinance and has considered the
advisability of granting the application of Jon Ogle, Project Manager of CRA Bayshore/Gateway
Triangle, to rename Francis Avenue and Pine Street, as depicted on the plat of Naples
Commercial Center First Addition recorded in Plat Book 8, Page 3 of the Public Records of
Collier County, Florida, to Linwood Way as illustrated on the attached Exhibit "A"; and
WHEREAS, the Board has determined that all criteria and requirements set forth in
Chapter 22, Article X, of the Code of Laws and Ordinances have been met and specifically finds
that there is no other street in incorporated or unincorporated Collier County with the same name
or any similar sounding name as is being requested; and
WHEREAS, the Board has determined that it is necessary for identification purposes to
change the names of these streets.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
Effective this date, the names of the streets described in the above recitals, depicted in
Plat Book 8, Page 3 of the Public Records of Collier County, Florida, are changed from Francis
Avenue and Pine Street to Linwood Way, and are confirmed as such.
BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of
Collier County, Florida, and referenced upon the maps of the street and zoning atlases of Collier
County, and the above-referenced Plat.
This Resolution adopted after motion, second and super-majority vote this z.'l~ay of
-f'~ r--''-q , 2007
ATTEST:
DWIGHTE..BROCK, CLERK
~..... C\ ~ '~~.. ,1o.-g(L{ ':fc
u~1S '!Wkl
signature Oft ..
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY JN~N
p'pproved as to form and
re.gal ~ufficiency:
~Ai- i1w4td, -mlAPJ~'_
k Jeffrey A latzkoW ....-~~~'7
() . Managing Assistant County Attorney
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181 Normal legal Advertisement 0 Other: ~
(Display Adv., location, etc.) ~
. .' ~
R
*********************************************************~********************************************1**
OrigiDating DeptI Div: Transportation Division Person: 1j\ftil1'D:ld'\! Date: 02f7/01 1
~
Petition No. noDe, .vebriefde . 'on'.."1i'i';I'liiil:.!'mjarO.hl;lfl~I;~lil~.._~I!;";11'1 "."',j,;i.'~i !
(If gI scripti ~\;,~:.".......irdJ.:\"",,:.............,..... ..'",.. .!I!!'I!!Il. .....",.." ,i,. ......,,.,..m'>,;!:4.',."'iirY I
~
PetitioDel': (Name & Address): Collier County Transportation Division I,'.
Name & Address ofanyperson(s) to be notified by Clerk's Office: (Ifmore space is needed, attach separate &beet) Phil Tindall.
Transportation Planning Department A>\._ i
Hearing before X BCC BZA VW<a I
j
~
i
! ~,.'.4... il:'
. ~'\"'~':q ',~
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
(i)
To: Clerk to the Board: Please place tile foUowinc u a:
Requested Hearing da
;....1.._~ c.. wt""'
" 1~ ',_-'~' ,t'.~"_"",,,,_"~,' ':','", "'":,;(,,',k"'" f":.f:j~, '_ i,,~1~f;?j:r
Newspaper(s) to be used: (Complete only if iqxlrtant):
181 Naples Daily News
o Other
o Legally Required
Proposed Text: (Include legal description & COIDlDODlocation & Size: See attached proposed ordinance.
Companion petition(s), if any & proposed hearing date: N/A
!1i~tt:fn Fee include advertising cost? 181 Yes D No If Yes, what account should be charged for advertising ~;10... '. .
j/~/(/1
Date
List Attachments: Proposed Ordinance.
I
I
A. For hearings before BCC or BZA: IniUa_ person to complete one copy aDd obtain Division Head approval before t
.ubmltting to County Manager. Note: If legal document "Involved, be lUre that any necessary legal review, or i'eq, t
for aame, illubmitted to County Attorney before lubmittinc to County Manager. The Manager'. office will dlstribu .
copies:
D County Manager agenda file: to D Requestiq Dlvllion D Original I
Clerk'. Office ~
j
B. Other hearings: Initiating Division head to approve aDd submit original to CleIk's Office, rctainiJJg a copy for file. i
*******************************************************************************************************1***
FORCLERK'~~D~m~___ ~~~
~ .
DISTRIBUTION INSTRUCI10NS
(
-
ORDINANCE NO. 2007-_
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE
NO. 2001-13, AS AMENDED (THE COLLIER COUNTY
CONSOLIDATED IMPACT FEE ORDINANCE); AMENDING
ARTICLE TWO, IMPACT FEES, SECTION 74-202 PAYMENT
AND SECTION 74-203 USE OF FUNDS; AMENDING ARTICLE
THREE, SECTION 74-302 SPECIAL REQUIREMENTS FOR
ROAD IMPACT FEE; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on March 13, 2001, the Board of County Commissioners adopted Ordinance
No. 2001-13, establishing the Collier County Consolidated Impact Fee Ordinance; and
WHEREAS, on or about April 23, 2002, the Board of County Commissioners directed
county staff to prepare and publicly advertise a hearing on the Board's intent to consider
amending the aforementioned ordinance to further clarify the County's policy pertaining to the
allocation and utilization of road impact fees in adjacent Collier County Road Impact Fee
District(s) for roadway improvements reasonably related to impacts created by an adjacent
Impact Fee District(s); and_
":....:."""CA:"...
WHEREAS, on February 27, 2007, the Board of County Commissioners approved the
following proposed revisions to Ordinance No. 2001-13, as amended,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County Ordinance
No. 2001-13, as amended, is hereby amended to read as follows:
SECTION ONE: Amendment to Article Two, Impact Fees: Section 74-202 Payment
and Section 74-203 Use of Funds.
Article Two, Sections 74-202 and 74-203, of Collier County Ordinance No, 2001-13, as
amended, are hereby amended to read as follows:
SECTION 74-202. Payment.
(a) Unless deferred or waived by a written agreement with the county as a party
thereto, or unless exempted, the impact fee shall be paid in full as a prerequisite to the
issuance of a building permit for the development, and no building permit or any other
authorization to use the land included in the development shall be issued until each
applicable impact fee has been paid in full. Notwithstanding any other provision of
this section, staff shall not accept pre-payment (early payment) ofimpact fees prior to
submittal of the related and complete building permit application for the respective
development in all cases where issuance of a conventional building permit renders the
respective impact fces due and payable, In instances where a conventional building
permit is not required (e.g" golf course, park, change of use, etc.), staff shall not accept
I
Underlined Words are added; Stnlek 'Threugh words are deleted.
l2B
17 B ~
pre-payment (early payment) of impact fees prior to the (whichever occurs first) event
that renders such impact fees due and payable. Payment of estimated impact fees
prerequisite to issuance of a certificate of public facility adequacy (COA) is not
prohibited pre-payment, and pre-payment of estimated impact fees shall not
grandfather such estimated impact fees against impact fee increases, if any, that occur
. subsequent to such pre-payment but before the respective estimated impact fees are
quantified and become finally due and payable,
(b) If the issuance of a conventional building permit for the development is not
required (e.g., golf course, park, change of use, etc.), then an applicant shall pay the
Impact fee prior to the occurrence of any of the following events, whichever occurs
first:
(1) The date when the first building permit has been issued for any building or
structure accessory to the principle use or structure of the development; or
(2) The date when the first building permit is issued for the first non-accessory
building or non-accessory structure to be used by any part of the development;
or
(3) The date when a final development order, final development permit or other
final authorization is issued authorizing construction of a parking facility for
any portion of the development; or
(4) The date"When a final development order, final deve10pment permit or other
final approval is issued for any part of the development in instances where no
further building permit is required for that part of the development; or
(5) The date when any part of the development opens for business or goes into
.......'
use.
(c) Owners of all golf courses must submit to the county a certified legal
description and a certified surveyors sketch (to scale) of the course prepared by a
professional engineer before the date the construction of the golf course commences.
(d) If the development is located within the unincorporated area of the county,
the impact fee shall be paid directly to the county.
(e) If the development is located within a municipality, the impact fee shall be
paid as follows:
(1) If the municipality has entered into a Florida Interlocal Cooperation Act, F.S.
~ 163.01 agreement with the county that provides for the collection of the
impact fee, such impact fees shall be paid and collected in accordance with the
provisions of the agreement.
(2) If the municipality has not entered into a Florida Local Government
Development Agreement with the county providing for the collection of the
impact fee, such impact fees shall be paid directly to the county, The time
that such impact fees become due and payable shall be the same as if the
development were in unincorporated Collier ~ounty.
(f) If the development is located within a municipality and the governing body
of the municipality has not agreed to require proof of payment of the impact fee to the
2
Underlined Words are added; Swek ThFeagh words are deleted.
17B"
county prior to the issuance of a building permit by the municipality or to require
additionally the payment of the impact fee as a condition of the issuance of a building
permit by the municipality, the impact fees shall be collected as provided in section 74-
202(a) and (b), or, in the event of delinquency in payment, pursuant to section 74-501.
(g) The obligation for payment of the impact fees and impact fees paid shall run
with the land, Assignment of impact fee credits from one parcel to another parcel of
land shall not be permitted except in accordance with the requirements of section 74-
205.
(h) In the event a building permit issued for a development: (i) expires prior to
commencement of any part of the development for which the building permit was
issued, (ii) is officially cancelled, (iii) is revised after payment of impact fees and the
pennit's revision results in a reduction in the impact fees applicable for the
development, or (iv) results in the impact fees being overpaid due to an incorrect
application of the rate schedule, calculation error(s), or prior payment within the same
subject property, the then current owner/applicant may within 90 days of the expiration
of. cancellation of, overpayment for, or approved revision to the building permit, apply
for a reimbursement of a portion of or the entire impact fee, depending on the basis for
the request for reimbursement. All such requests for reimbursement shall be calculated
by applying the impact Iee rate schedule that was in effect on the date o(ffie respective
building pcnnit application. Failure to make timely application for a reimbursement of
the impact fee shall waive any right to a reimbursement.
(1) The application for reimbursement shall be filed with the county manager
and shall contain the following:
a. The name and address of the applicant;
b. The location of the property upon which the respective development
was authorized by the respective building pcnnit;
c. The date the impact fee was paid;
d. A copy of the receipt of payment for the impact fee; and
e. The date the building permit was issued and the date of expiration,
cancellation or approval of the revision, as applicable;
f. Payment of a non-refundable "impact fee reimbursement processing
fee" equal to two percent of the total impact fees requested to be
reimbursed, except that the minimum processing fee shall be $25.00 and
the maximum processing fee will not exceed $500.00, Reimbursement
requests which are determined to arise from either an incorrect
application of the rate schedule or a calculation error by county staff
will not be required to pay the "impact fee reimbursement processing
fee."
g. If the request is due to a revision to the building permit, a copy of the
approved revision including original and revised .square footage,
3
Underlined Words are added; Struek Thfe~ words are deleted,
number of units, date of approval of the revision, and an explanation of
the nature of the revision (change of size, use, etc,);
h. If the request is due to an overpayment, receipts from previous
payments, corresponding building permit numbers, and evidence of the
current square footage (area) and uses of existing structures must be
included in the application.
(2) After verifying that the building permit has expired or was cancelled before
the development had commenced or was revised and thereby required a
reduction in the impact fee assessed for the development, the county
manager shall forward the request for reimbursement of the impact fee to the
appropriate division staff for further processing as set forth below,
(3) If a building permit is subsequently issued for a development on the same
property, which was previously approved for a reimbursement, then the
impact fee in effect at that time must be paid.
(4) After verifying all information relating to the request for reimbursement,
staff shall forward the request to the applicable division administrator for
approval, The division administrator, shall approve or deny the request and
forward all approvedh;quests to the clerk of the circuit court's finance
department for processing,
(5) All reimbursement requests totaling $25,000.00 or more, cannot be approved
administratively and must be submitted to the Board of County
Commissioners.
(i) In the event the county or a municipality issues separate building permits for
a building or part of a building within a development which by design contemplates
phased (delayed) occupancy, the board and the applicant may enter into an agreement
for the phased (installment) payment of the impact fee applicable to that portion of the
development represented by such unoccupied units or space; provided, however, that
all impact fees due shall be paid in full prior to issuance of a certificate of occupancy
for occupancy of any delayed occupancy portion of the building. In the event no
agreement is executed for such phased (delayed) occupancy, the impact fees applicable
to that portion of the development represented by such building shall be paid prior to
the issuance of a building permit.
G) The impact fee shall be paid in addition to all other fees, charges and
assessments due for the issuance of a building permit
(k) In the event a development is a mixed use development, the county manager
shall calculate each impact fee based upon each separate impact fee land use category
included in the proposed mixed use development as set forth in the applicable rate
schedule.
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Underlined Words are added; Struek Thr.ough words are deleted.
17 B \.:,
(1) In the event a development involves a land use not contemplated under the
impact fee land use categories set forth in the rate schedules in appendix A, the county
manager shall calculate the appropriate impact fees utilizing the methodologies
contained in the impact fees adopted by section 74-106. The county manager sha1l
utilize as standards in his determination the impact fee rate calculation variables
applicable to the most similar land use categories in the applicable impact fee rate
schedules.
lm) All refunds not soecificallv addressed herein or in other sections shall follow
the nrocedurersl set forth in the Collier County Administrative Procedures Manual for
Road Imnact Fees.
SECTION 74-203. Use offunds.
(a) The board hereby establishes or reaffirms the establishment of separate impact
fee trust funds for each of the public facilities, designated as follows:
(1) Road: "Road Impact Fee Trust Fund~"t
(2) Water and sewer: "Water Impact Fee and/or Sewer Impact Fee Trust Funds";
The county hereby establishes or reaffirms the establishment of two separate trust
funds, one entitled "Water Impact Fee Trust Fund" for water and a second entitled
"Sewer Impact Fee Trust Fund" for sewer;
, (3) Parks and recreational: The county hereby. establishes or reaffirms the
establishment of two separate trust funds, one entitled "Regional Park Impact Fee
Trust Fund" (into which the portion of the impact fee allocated to parks and
recreational service paid by development located in municipalities within the
county will be deposited), and a second entitled "Unincorporated Park Impact Fee
Trust Fund" (into which the portion of the impact fee allocated to parks and
recreational services paid by development located in the unincorporated areas of
the county will be deposited);
(4) Library: "Library Impact Fee Trust Fund~"t
(5) Emergency medical: "Emergency Medical Services Impact Fees Trust Fund~"t
(6) Educational: "Educational Impact Fee Trust Fund~"t
(7) Correctional: "Correctional Impact Fee Trust Fund~"t
(8) Fire:"Fire Impact Fee Trust Fund~"t
(9) General government: "General Government Impact Fee Trust F'und;'t
(10) Law Enforcement: "Law Enforcement Impact Fee Trust Fund,"
Each of these impact fee trust funds shall be maintained separate and apart from each
other and from all other funds of the county. Each fund shall account for all collections,
revenues and expenditures, and shall be regularly reported to the board of county
commissioners, The portion of the impact fee allocated to each public facility under
sections 74-302 through 74-311, inclusive, shall be deposited into the corresponding impact
fee trust fund immediately upon receipt. Each of the foregoing impact fee trust funds shall
be further separated or divided based upon benefit districts established pursuant to the
respective sections 74-302 through 74-311. No impact fee in any trust account shall be
5
Underlined Words are added; Streak TIifa1.tgB words are deleted,
II H j~'
1-7-B t".
loaned to any other impact fee trust account. but may be utilized in adiacent districts as set
forth herein.
(b) The funds deposited into each impact fee trust fund shall be used solely for the
purpose of providing growth necessitated improvements and additions to the specific public
facility or in that Road Impact Fee District or any one or more adiacent Road Imnact Fee
District for which the impact fee was assessed including, but not limited to the following:
(1) Design and construction plan preparation;
(2) Permitting and fees;
(3) Construction and design of public facilities;
(4) Land and materials acquisition, including costs of acquisition and condemnation;
(5) Right-of-way acquisition, including costs of acquisition and condemnation;
(6) For the road impact fee only, construction of new through lanes, new turn lanes.
new bridges, bike lanes, sidewalks, street lights, and new traffic signalization,
However, impact fee funds shall not be used to fund bike lanes or sidewalks
unless they are constructed concurrently as part of a road project that increases
capacity, Other capital cost items, including the relocation, but not the upsizing
ot: water and/or sewer utility facilities, may be included subject to such cost being
contemplated in the then-applicable road impact fee study.
(7) Design and construction of new drainage facilities required by the construction of
public facilities;
(8) For water and/or sewer impact fees, relocating the respective utility facilities
required by the county and additions to county utility facilities;
(9) Landscaping;
(10) Construction management and inspection;
(11) Surveying, soils and material testing;
(12) For the water impact fee only, development of raw water sources and supplies;
(13) Acquisition of capital equipment for public facilities;
(14) Acquisition of apparatus, equipment or furniture necessary to expand the public
facilities;
(IS) Repayment of monies transferred or borrowed from any budgetary fund of the
COWlty, or the school board in the case of educational facilities impact fee,
subsequent to the adoption of this chapter, which were used to fund construction,
acquisition and/or improvements to public facilities;
(16) Pa)m1ent ofprlncipal and interest, necessary reserves and costs of issuance under
any bonds or other indebtedness (including certificates of participation in
accordance with F.S. ~~ 230.23 and 235.056, for education facilities impact fees)
issued by the county, or the school board in the case of educational facilities
impact fee, to fund growth impacted public facilities subsequent to the adoption
of this chapter;
(17) Reimbursement of excess impact fees due pursuant to section 74-202 or section
74-205;
6
Underlined Words are added; Struek ThFeugh words are deleted.
17 B fti4
(18) Design and construction of public facilities necessitated by the construction of the
specific facility for which the impact fee was assessed;
(19) To the extent provided by law, reimbursement or refund of costs incurred by the
county, or the school board in the case of educational facilities impact fee, in the
preparation of this chapter, of any update to the impact fee studies adopted
pursuant to section 74-106, and any amendments or supplements adopted
pursuant to section 74-502 and any other administrative costs incurred by the
county;
(20) Administration for the specific public facility for which the funds were collected
directly relating to this chapter; and
(21) Any other expenditures of the respective impact fees as then allowed by law.
(c) Impact fee trust funds shall not be used for any expenditure that would be
classified as a maintenance or repair expense, nor shall they be used on improvement
projects not included in the county's five-year CIE.
(d) The monies deposited into the impact fee trust fund shall be used solely to finance
public facilities required by growth as projected in the impact fee studies, the
comprehensive plan, or in the county's then current water or sewer master plan provided the
project in the respective master plan is consistent with the comprehensive plan.
(e) All funds on deposit which are not then immediately necessary for expenditures
shall be invested by the county in compound-interest bearing trust fund(s), All income
derived from such investments shall be deposited in the specific impact fee trust fund from
which the invested funds came. To the extent not prohibited by law, rule, regulation or
contract (including bond covenants), interest then accrned in the respective trust fund shall
be used to fully fund "not-for-profit" charitable entity impact fees waivers. Accrued interest
in one trust fund shall not be loaned to, transferred to, or otherwise be treated to the credit of
any other trust fund or any other account, Impact fee waivers granted by the board shall be
paid from accrued interest from each trust fund affected by the waivers. In the event the
administrator of a respective trust fund is of the opinion that then accrued interest in the
respective impact fee trust fund is insufficient to fund the then pending requested waivers,
the manager of each such trust fund shall notify the county manager in writing of the factual
and legal bases for those opinions, Accrued interest shall be deemed to "be available" to
fund these ''not-for-profit, charitable entity" waivers unless there then exists an actuailegal
prohibition whereby that accrued interest cannot legally be used to fund the requested
waivers.
(f) The impact fee collected pursuant to this chapter (including all predecessor
ordinances that are hereby being consolidated into this chapter) shall be returned to the then
current owner of the property for which such fee was paid if which fees have not been
expanded or encumbered prior to the end of the fiscal year immediately following the sixth
anniversary of the date when the respective impact fee was paid. Refunds shall be made
only in accordance with the following procedure:
7
Underlined Words are added; StmElk Thfeagh words are deleted.
17 B;:i.~
(1) The then current owner shall petition the board for the refund prior to the end of
the fiscal year immediately following the sixth anniversary of the date of the
payment of the respective impact fee,
(2) The petition for refund shall be submitted to the county manager, and shall
contain:
a. A notarized sworn statement that the petitioner is the then current owner of
the property for which the impact fee was paid;
b, A copy of the dated receipt issued for payment of such fee or such other
record as would clearly indicate payment of such fee;
c. A certified copy of the latest recorded deed; and
d. A copy of the most recent ad valorem tax bill.
(3) Within 90 days from the date of receipt of a complete petition for refund, the
county manager will advise the owner of the status of the impact fee requested
for refund, and if such impact fee has not been expended or encumbered within
its applicable time period, then it shall be returned to the then current owner.
For the purposes of this section, fees collected shall be deemed to be spent or
encumbered on the basis of the first fee in shall be the first fee out. Such funds
may be encumbered by contract, bond, resolution, ordinance, or otherwise.
(4) Impact fee monies refunded by the board in accordance with this subsection (e)
shall be paid with interest accrued to the principal being refunded but not to
exceed the rate of five percent simple interest. Except as provided for in this
subsection (e), no interest shall be paid upon the return or refund ofimpact fees.
(g) Failure to file a timely petition for a refund upon becoming eligible to do 80 shall
be deemed to have waived any claim for a refund, and the county shall be entitled to retain
and apply the impact fee for growth necessitated capital improvements and additions to the
respective public facilities. All refunds not specifically addressed herein or in other sections
shall follow the procedure(s) set forth in the Collier Coun1y Admini!ltnltive Procedures
Manual for Road Impact Fees.
(h) Notwithstanding any other provisions in this section or in any other county
ordinance, the provisions in subsection (D) of section 19, Chapter 88-499, Laws of Florida,
a Florida Special Act applicable to the county's water-sewer district, specify the
requirements for eligibility for refunds of water and sewer impact fees when the structure on
the property is not authorized to connect into the county's respective utility system within
ten years of the date of payment of the related impact fees, The administrator of the public
utilities division is authorized to grant such refunds without further approval from the board
subject to the refund applicant complying with all then applicable refund requirements.
(i) Impact fee waivers or deferrals available to charitable organizations and
charitable trusts. These impact fees waivers are available only to eligible to not-for-profit,
charitable entities as specified herein. The cumulative total of all not-for-profit waivers in
each of the county's fiscal years shall not exceed $200,000.00. If the total amount of
impact fees waived pursuant to these provisions in a fiscal year is less than $200,000.00 (or
is less than the higher total in the funding account for that fiscal year because of prior cash
8
Underlined Words are added; Stnlek 'I'hfeligR words are deleted.
1 ( I:J
carrying-forward) some or all of the sum of money not waived can be carried forward and
thereby added to the $200,000.00, to a maximum balance of $500,000.00 funding for the
next fiscal year, Neither impact fees collected by the county for educational facilities nor
fire impact fees shall be waived under these provisions.
(1) Entities eligible for waivers. These waivers are available only to charitable, not-
for-profit entities that provide services of substantial benefit to low income or
very low income residents of the county at no charge or at reasonable, reduced
rates, and no part of the net earnings of the entity shall inure to the benefit of any
;:,rivateshareholder or individual, and the entity complies with at least one of the
rollowing:
:1, The entity is described in subsection 501(C)(3) of Chapter 26 of the United
States Internal Revenue Code as a corporation, a community chest, a fund, or
a foundation, organized and operated exclusively for charitable purposes, or
for prevention of cruelty to children, and is then exempt from taxes under
Section 50l(a) therein; or
b. The entity is described in Subsections SOl(C)(4)(A) and (B) of Chapter 26 of
the United States Internal Revenue Code as either a Civic League or an
organization not organized for profit, is operated exclusively for the
promotion of social welfare, and is exempt from taxes under Section 501(a),
therein; or
c. The entity is described in Subsection 501(C)(20) of Chapter 26 of the United
States Internal Revenue Code as an organization or trust, the exclusive
function of which is to form part of a qualified group legal services plan or
plans within the meaning of Section 120 as referenced therein; or
d. The entity is a hospital, a cooperative hospital service organization, a medical
research organization, or similar organization under any provision within (or
referenced) in Section 501 of Chapter 26 of the United States Internal
Revenue Code and the entity is exempt from federal income taxation; or
e. The entity is then exempt from Florida's annual and nonrecurring intangible
taxes pursuant to F.S, ~ 199.185(4), as a "Charitable Trust" and at least 95
percent of its income is paid to one or more of the above-listed federal tax
exempt entities,
(2) Amount of waivers available to applicants. Subject to not exceeding the amount
of impact fees paid (or to be paid) by the applicant to the county, the applicant
may request waivers of all impact fees that are waivable under these provisions,
but no applicant shall be granted more than $7,500.00 of not-far-profit waivers.
(3) No construction that has obtained an affordable housing deferral under this article
shall be eligible for any waiver under these provisions. No construction that has
been granted a waiver under these provisions shall be eligible for any county
affordable housing deferrals.
(4) Applications for waivers pursuant to this section 74-203.
9
Underlined Words are added; Stniek TIH:eugb. words are deleted.
4
a. Except as specified in this subparagraph a" the applicant must file a written
waiver request application to the county manager not later than concurrently
with payment of the respective impact fees. The county shall not accept any
such applications after the respective impact fees have been paid to the county
except in those instance when the Collier County building permit that
authorized the respective waiver eligible development was issued after
September 7,2001 and before October 13, 2001 and the development paid the
applicable impact fees in full. The applicant can avoid payment of impact
fees (up to the maximwn amount of impact fees that may possibly be waived
for that applicant) only when it is possible that the board may grant the
requested waiver before the respective impact fees become due and payable to
the county. The application must prove all of the applicable above-specified
elements that render the entity eligible for the requested waivers, including the
required tax exemptions(s). The county manager may request additional
information deemed appropriate to ascertain the applicant's eligibility for the
requested waivers, including criteria noted in F.S ** 196.195 andlor 196.196.
b. No priority shall be given to any application based on any "first come, first
served" basis. The county manager shall review each application to determine
eligibility for the requested waivers. Within 30 days after receipt of the
application, the county manager should inform the applicant in writing
whether the application is complete. If the application is incomplete, the
application may be ret=ed to the applicant, specifying in writing why the
application fails to prove that the entity is eligible for the requested waivers.
After receipt of such notice, the applicant shall have an additional 30 days to
re-submit an amended application, Failure to meet this deadline shall void the
applicant's eligibility for the requested waivers unless an extension is granted
for good cause at the county manager's discretion.
c. After an application is determined by the county manager to meet the above
specified minimwn filing requirements, the county manager shall promptly
place the application request on the county's manager portion of the board's
agenda. The fiscal year in which the waiver application is granted or denied
by the board shall be the fiscal year that applies to the application. The
executive summary shall specify the criteria deemed by the county manager to
render the applicant eligible (or ineligible) for the requested waivers, and shall
include the county manager's recommendations whether the board should
grant the request in whole or in part, or should deny the request, along with a
proposed resolution that may be adopted by the board that contains specific
findings that the applicant is (or is not) eligible for the requested waivers, No
resolution shall apply to more than one applicant. Waivers granted shall be
final and vested immediately upon adoption of the resolution.
(5) Not-for-profit waivers are discretionary and the board's decisioDB are final.
10
Underlined Words are added; 8lruek 1'llfettgfi words are deleted.
17 B j
(6) The county manager may adopt additional generally applicable procedural rules
with regard to application requests provided those rules apply to all similarly
situated applicants and do not impose additional mandatory eligibility
requirements upon any applicant.
(7) No construction that has applied for or obtained Fee Payment Assistance
Funding under Chapter 49 of the Collier County Code of Laws and Ordinances
shall be eligible for any waiver under these provisions. No construction that has
been granted a waiver under these provisions shall be eligible for any county fee
payment assistance funding.
SECTION TWO: Amendment to Article Three, Section 74-302, Special Requirements for
Road Impact Fees.
Article Three, Section 74-302, Special Requirements for Road Impact Fees of Collier
County Ordinance No. 2001-37, as amended, is hereby amended to read as follows:
See. 74-302. Special requirements for road impact fee.
(a) Short name. This section may be known as "Special Requirements for Road Impact
Fee."
(b) Purpose. It is hereby ascertained, determined and declared:
(1) Both existing development and development necessitated by the growth contemplated
in the comprehensive plan will require improvements and additions to the
transportation network to accommodate and maintain traffic at the level of service
adopted by the county. Future growth, as represented by new development, should
contribute to the cost of improvements and additions to the transportation nctworlc
required to accommodate and traffic generated by such growth as contemplated in the
comprehensive plan.
(2) The required improvement and additions to the transportation network needed to
accommodate existing traffic at the level of service adopted by the county shall be
financed by revenue sources of the county other than road impact fee,
(3) Implementation of a road impact fee to require future development to contribute the
cost of required transportation capital improvements and additions is an integral and
vital element of the regulatory plan of growth management incorporated in the
comprehensive plan of the county,
(4) Future growth as represented by new development requires capacity additions to roads
within tile state highway system, the county road system and the city street system. The
provision of these growth necessitated capacity additions to the state highway system
and certain portions of the city street system directly benefits all residents of the county
and is interrelated with the provision of growth necessitated improvements to the
county road system. In recognition of these findings and the interconnections between
the various road systems, it is the intent of the board to impose an impact fee on
development occurring within the county and to utilize the proceeds to construct or
acquire c.ontcmplated improvements and capacity additions to the transportation
network.
(5) The board expressly finds that improvements and additions to the transportation
network provide a benefit to all development within the COWlty in excess of the road
impact fee.
(6) In recognition that transportation planning is an evolving process, it is the intent of the
board thnt improvements and additions to the transportation network be reviewed and
adjusted periodically to insure that road impact fees are imposed equitably and
11
T.:nderlined Words are added; Stmek Threagh words are deleted.
lawfully and are utilized effectively based upon actual and anticipated growth needs at
the time of their imposition.
(7) The county has a responsibility to provide and maintain certain roads in the county in
both the unincorporated areas and within incorporated areas of the county. Placing a
fair share of the burden of the cost of providing the improvements and additions to the
transportation network required by development within incorporated areas constitutes a
county pwpose. Construction occurring within incorporated areas impacts the county
road system and state highway system within the county. In recognition of these
findings, it is the intent of the board to impose the road impact fee on all development
occurring within the county, including areas within municipal boundaries.
(8) The purpose of this section is to require the development within the county to provide
for capital improvements and additions to the transportation network which are
necessitated by such development. This chapter shall not be construed to permit the
collection of road impact fees from development in excess of the amount reasonably
anticipated to offset the demand on the transportation network generated by such
development.
(9) lbis chapter shall not be construed to permit the expending or encumbering of any
monies collected through road impact fees for the construction of improvements or
additions to roads which are not contained within the transportation network.
(c) Limitation on applicability. See section 74-103,
(d) Payment, See section 74-202.
(e) Use offunds.
(1) The road impact fee shall provide funds only for off-site 1U'0wth necessitated
improvements or addition(s) to transportation network roads within the same road
impact fee district where the respective development is located or for arterial or
collector ro ,dwavs of any one or more adiacent districts. .'\it 8fteepti.ss is peJmiUed
',.'hElle a yo "ih. Beeeasitated imprevemeftt ar Ildditi9B(sj tkerete is te he e9BBlNetetl te
a pameR of an arterial road 'Nithin a single reaa impaet fee distrist anti tke 81'teFial reed
te be improved exteooa into ane ar more ether aEljaee&t Elialriets, Road impact fees
from each such road impact fee district may be used in the respective adjacent
district(s) provided that:
a The improvement to be made in the adjacent district is part of the transnortation
network that will directly benefit development in the district from which the road
impact fees are generated; and
b. The expenditure of road impact fees within the respective adjacent road impact fee
district is reasonablv related propomeMl to the benefit derived by the district
where:r, '.he road impact fees are collected,
(2) Prior to the expenditure of road impact fees for a capital improvement or addition
located in a road impact fee district other than where the impact fees were derived, a
professional engineer shall provide a specific determination of benefit and demonslrate
compliance with the requirements of this section for the proposed expenditure.
Expenditure of road impact fees in a road impact fee district other than from where the
impact fees were derived shall require approval from the board and the board shall
support the approval by a specific finding of benefit.
(3) Access improvements. including required right-of-way dedications, shall be provided
by the applicant in accordance with all other applicable ordinances of the county.
(4) Road impact fee district boundaries (where a road right-of-way is used to define road
district boundaries, that portion of the road right-of-way demarcating the boundary
may be considered as part of either district that it bounds).
12
Undcl:ined Words are added; Struek Thre\l.gS. words are deleted.
1-7-B
I~
17B
a. Road impact fee district number 1 is hereby created or affirmed to include the
boundaries set forth and established as described and depicted in appendix B,
attached hereto and incorporated by reference. Road impact fee district number 1
shall include all areas previously included within district numbers 1 and 2 created
by Ordinance No, 85-55, as amended. The road impact fee rate schedule
incorporated in schedule 1 is hereby adopted and the road impact fees established
in the road impact fee rate schedule are hereby imposed on all development located
within road impact fee district number I at a rate established under the applicable
impact fee land use categories.
b. Road impact fee district number 2 is hereby created or affirmed to include the
boundaries set forth and established as described and depicted in appendix B,
attached hereto and incorporated by reference. Road impact fee district number 2
shall in,~lude all areas previously included within district numbers 3 and 5 created
by Or'inance No, 85-55, as amended. The road impact fee rate schedule
incorprrated in schedule I is hereby adopted and the road impact fees established
in sue!: road impact fee rate schedule are hereby imposed on all development
located within road impact fee district number 2 at a rate established under the
applicable impact fee land use categories.
c. Road impact fee district number 3 is hereby created or affirmed to include the
boundaries set forth and established as described and depicted in appendix B,
attached hereto and incorporated by reference, Road impact fee district number 3
shall include all areas previously included within district number 4 created by
Ordinance No. 85-55, as amended. The road impact fee rate schedule incorporated
in schedt:le 1 is hereby adopted and the road impact fees established in such road
impact fle rate schedule are hereby imposed on all development located within road
impact f:e district number 3 at a rate established under the applicable impact fee
land use categories.
d. Road impact fee district number 4 is hereby created or affirmed to include the
boundaries set forth and established as described and depicted in appendix B,
attached hereto and incorporated by reference. Road impact fee district number 4
shall include all areas previously included within district number 6 created by
Ordinance No. 85-55, as amended, The road impact fee rate schedule incorporated
in schedule 1 is hereby adopted and the road impact fees established in such road
impact fee rate schedule are hereby imposed on all development located within road
impact fee district number 4 at a rate established under the applicable impact fee
land use categories,
e. Road impact fee district number 5 is hereby created or affirmed to include the
boundaries set forth and established as described and depicted in appendix B,
attached hereto and incorporated by reference. Road impact fee district number 5
shall include all areas previously included within district number 9 created by
Ordinance No, 85-55, as amended. The road impact fee rate schedule incorporated
in schedule 1 is hereby adopted and the road impact fees established in such road
impact fee rate schedule are hereby imposed on all development located within road
impact fee district number 5 at a rate established under the applicable impact fee
land us'... categories.
f. Road impact fee district number 6 is hereby created or affirmed to include the
boundaries set forth and established as described and depicted in appendix B,
attached hereto and incorporated by reference. Road impact fee district number 6
shall include all areas previously included within district number 8 created by
Ordinance No. 85-55, as amended. The road impact fee rate schedule incorporated
in schedule 1 is hereby adopted and the road impact fees established in such road
impact fee rate schedule are hereby imposed on all development located within road
impact fee district number 6 at a rate established under the applicable impact fee
land use categories.
g. Road il"pact fee district number 7 is hereby created or affirmed to include the
boullda;ics set forth and established as described and depicted in appendix B,
att" hed hereto and incorporated by reference. Road impact fee district number 7
13
Um1erlined Words are added; Stmek Thfeugk words are deleted.
17B
f
.
i
I
I
i
shall include all areas previously included within district number 11 created by
Ordinance No, 85-55, as amended. No road impact fee shall be initially imposed
upon development located within road impact fee district number 7.
h, Road impact fee district number 8 is hereby created or affirmed to include the
boundaries set forth and established as described and depicted in appendix. B,
attached hereto and incorporated by reference. Road impact fee district number 8
shall include all areas previously included within district numbers 7 and 10 created
by Ordinance No. 85-55, as amended. No road impact fee shall be initially imposed
upon development located within road impact fee district number 8.
(5) The board of county commissioners hereby establishes (or affirms) eight separate trust
funds for the road impact fees to be designated as the "District Number 1 Road Impact
Fee Trust Fund", "District Number 2 Road Impact Fee Trust Fund", "District Number
3 Road Impact Fee Trust Fund," "District Number 4 Road Impact Fee Trust Fund,"
"District Number 5 Road Impact Fcc Trust Fund," "District Number 6 Road Impact
Fee Trust Flmd."; "District Number 7 Road Impact Fee Trust Fund,: and ~'District
Number 8 Road Impact Fee Trust Fund."
(6) The monies deposited into the respective road impact fee trust funds shall be used
solely to provide additions and improvement to the transportation network required to
accommodate traffic generated by growth.
(f) Impact fee rates, The road impact fee rate schedule incorporated in schedule 1 is
hereby adopted and the road impact fees established in the road impact fee rate schedule are
hereby imposed on all development as required in this chapter at a rate established under the
applicable impact fee land use categories.
(g) Annual mid-cycle road impact fee rate indexing. Beginning November I, 2002, the
county shall commence a three-year road impact fee update cycle pursuant to subsections 74-
201(b) and 74-502(a) of this chapter. On or about November 1, of each of the two mid-years
between updates, the county shall implement indexed adjustments to the cost components of
design, utilities, mitigation, interchange, carrying cost. construction, engineering, inspection and
the non-land components of right-of-way acquisition costs based on the Florida Department of
Transportation Price Trends Index based on the three-year historical trend, weighted as 25
percent of the index. The index adj ustment to the land value component of rights-of-way costs
shall be based on the ten-year historical trend in total just values for all property as updated
annually by the Call. er County Property Appraiser, weighted as 75 percent of the index. The
annual increase, in th e total just values for all property shall be capped at 25 percent for any
given year incluJed in the average. Mid-cycle indexed rate change adjustments shall be adopted
by a resolution of the 1.Joard pursuant to subsection 74-210(b) of this chapter.
SECTION THREE: Conflict and Severability.
In the event thi, 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 UDCO:1 :itutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinctind :ndependent provision and such holding shall not affect the validity of the
remaining portio .
SECI'ION 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 Co' 1 j er County, Florida. The sections of the Ordinances may be renumbered or
relettered to accompli,h such, and the word "ordinance" may be changed to "section," "article,"
or any other appr'pr. ~te word,
14
Vnder1ined Words are added; Struek Threugh words are deleted.
17B
SECTION FIVE: Effective Date.
This Ordinance shall take effect upon filing with the Department of State.
PASSED AND DULY ADOPl'ED by the Board of County Commissioners of Collier County,
Florida this 13th day of February, 2007.
ATTEST:
DWIGHT E, BROCK. Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
JIM COLETTA, CHAIRMAN
Approved as to fornl and
legal sufficiency:
~l.ltl !2LL
cott R Teach,
Assistant Cw" y Attorney
15
Underlined Words are added; Streck 'Thl'eugk words are deleted.
17 B
February 9, 2007
Naples Daily News
1075 Central Avenue
Naples, F L 34102
Re: Amending Ordinance 2001-13: Road Impact Fees
Dear Legals:
Please advertise the above referenced petition on Friday, February 16, 2007
and kind I y send the Affidavit of Publication, in duplicate, together with charges
involved to this office.
Thank you.
Sincere I y,
Ann Jennejohn,
Deputy Clerk
P.O./ Account #101-163616-649110
17B
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 27,
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 Ordinance is as follows:
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 2001-13, AS
AMENDED (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE);
AMENDING ARTICLE TWO, IMPACT FEES, SECTION 74-202 PAYMENT AND
SECTION 74-203 USE OF FUNDS; AMENDING ARTICLE THREE, SECTION 74-
302 SPECIAL REQUIREMENTS FOR ROAD IMPACT FEE; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS
AND ORDINANCES; AND 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 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: Ann Jennejohn, Deputy Clerk
(SEAL)
178
1
Ann P. Jennejohn
To:
Subject:
legals@naplesnews.com
Amends Ordinance 2001-13
Attachments:
Amending Ordinance 2001-13,doc; Amends 2001-13.doc
Good Morning,
Please advertise the attached on Friday, February 16, 2007.
Thank you,
Amending
jinance 2001-13.dol
Amends
WOl-13.doc (22 KB:
Ann J ennejohn
Clerk to the Board
Minutes & Records Department
774-8406
(ann.jennejohn@c1erk.coll ier. f I.us)
1
17 B'
Ann P. Jen"ejohn
From:
Sent:
To:
Subject:
ClerkPostmaster
Friday, February 09, 2007 2:40 PM
Ann P. Jennejohn
Delivery Status Notification (Relay)
Attachments:
ATT3119070.txt; Amends Ordinance 2001-13
fJ
1........................1
L::-I
ATT3119070.txt Amends Ordinance
(229 B) 2001-13
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
IIB
Ann P. Jennejohn
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Friday, February 09, 2007 2:40 PM
Ann P. Jennejohn
Delivered: Amends Ordinance 2001-13
Attachments:
Amends Ordinance 2001-13
B
Amends Ordinance
2001-13
<<Amends Ordinance 2001-13>> Your message
To: legals@naplesnews.com
Subject: Amends Ordinance 2001-13
Sent: Fri, 9 Feb 2007 14:39:58 -0500
was delivered to the following recipient(s):
legals, NDN on Fri, 9 Feb 2007 14:40:07 -0500
1
Amends Ordinance 2001-13
1 ]Pi 1 of 1
Ann P. Jen"ejohn
From: Perrell, Pam [paperrell@naplesnews.com]
Sent: Friday, February 09,20073:58 PM
To: Ann p, Jennejohn
Subject: RE: Amends Ordinance 2001-13
OK
From: Ann P. Jennejohn [mailto:AnnJennejohn@c1erk.collierJl.us]
Sent: Friday, February 09, 2007 2:40 PM
To: legals@naplesnews.com
Subject: Amends Ordinance 2001-13
Good Morni ng,
Please advertise the attached on Friday, February 16, 2007.
Thank you,
<<Amending Ordinance 2001-13.doc>>
<<Amends 2001-13,doc>>
Ann J ennejohn
Clerk to the Board
Minutes & Records Department
774-8406
(ann.jennejohn@c1erk.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 eleclriJ/lic mail to this entity. Instead, contact this office by telephone or in writing.
2/9/2007
Naples Daily News
Naples, FL 34102
<"""'f
'178
Affidavit of Publication
Naples Daily News
--------------------------------------------------+-----------------------
BOARD OF COUNTY COMMISSIONERS
CHERI LEFARA
PO BOX 413016
NAPLES FL 34101-3016
REFERENCE: 001230
59358035
101163616649110
ORD. 2001-13NOTICE 0
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: 02/16 02/16
AD SPACE: 113.000 INCH
FILED ON: 02/16/07
--------------------------------------------------+-----------------------
Signature of Affiant ~. ~
Sworn to and Subscribed before me this <:S:)~c<J day of ~ 200,
Personally known by me C-X'Cv1....Jl C::.LN1-\':::Jcl^L~
8110 ......
.~....
. ~iJ3
PUB1.IC AWING
Notice Is h....lW given
tflllt the Board Of county
Commissioners of Col.
lIer countY. will hold a
~uD"e hemng on Tues-
!SM. Feb~ 27. .7 In
tile Boardroom, 3rd
Floor. Administration
Building. COllier CQunty
Government Center,
33Pl East Tamllml'Trail,
Naples, Florida, .Tbe
mee. tlng will "If In at
':00 A.M. The tItI!t of I:tle
pr@osed Ordlmince It
es fOllows: .
AN ORDINANCE . AMENP'
IJltG COLLIER COUNTY
.0RDlNANCE NO. 2 13,
M/ AMENDED ~
LIER COUNTY,
PATEl) IMPACT .
PI..NANCE): AMENDING
ARTICLE '!'WO. IMPACT'
FEES. SECTION 74.202
PAYMENT AND iO .
74.203 USE Of
AMEMPING
THREE. SECTIO
SPECIAL REOU
FOR ROAD 1M ;
PROVIDING FOlt CON'
FLlCTAND SEVERA.ILlt
TY''uPROVIDING FOR IN.
CL SION IN COOl O'
LAWS ANOOROI
NANCES:AND PROVID,
ING FORAN EFFECTIVE
PATE. ,
NOTE: All P.erstJM WIsh,
Ing to speak on 'anY
agenda Item m~
ter. with ~.=o.. . .
mlnlstretor or.. '
sentatlon 0 ,
Item to. 'lie ad
Indlvldul al ~Ike
be 11m ted to 5
on 1lIly' Item. ;.a. AIle-
tlon of an Indlv .. tf,l
IR.d on. bellal.,. an
orvanlZatlon or QI'OtlP Is
eneouraoed. If...oog.
nlzed by the C1ta'".
spok.sperson,Jor.
group or.orglldzaijon
may be allotted 10",,"'
utes to speak. on an
Item.
Pe'rsons WIShlrlsto
have written or hie
materia.l. Inelut.<<l .In
the ~ .."da ",*.
et'.' . II) mM' ttt;l~mJt."ald
~ .. ntIfIlrnuIn. Q1 3
wet. k. prlor.to tM re-
speetlVe pUblic hMr/ng.
In IlIl .cue. written ma.
BOUlt' Q'COIfNT..V
COMMISSIONERS
C=L q Eft CO UN l'Y. .
F D..
JAM COLmA. CHAIR.
MAN
DW.IGHT E. .!taCK,
CL=..~.~n~..'... .;c......_......
CIei'k" . . .'
( ),
Feb. 16 No. Ill''''''
1713
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
, dra' h" thr 4 hh!' j)
h
excePtion of the Chairman's sllmature, w a hne throu2t roubn2 hnes #1 oU2h # ,complete tee eck 1st, and orward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4, Scott R, Teach, ACA County Attorney 91!4 03/01/07
5, Sue Filson, Executive Manager Board of County Commissioners
6, Minutes and Records Clerk of Court's Office
7, Scott R. Teach, ACA County Attorney ftC'~ #'I
~,- ,
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 Phil Tindall Phone Number 213-5896
Contact
Agenda Date Item was February 27, 2007 Agenda Item Number 17(B)
Approved by the BCC
Type of Document Impact Fee Ordinance Amendm~q N umber of Original Two (2)
Attached 0'1-2; Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc, signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials,)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 02/27/07 and all changes made during
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es if a licable.
Please return one executed on inal document to Scott R. Teach, ACA
SRT
Yes
(Initial)
SRT
N/A (Not
A licable)
2.
N/A
3.
SRT
4.
SRT
5,
N/A
6,
SRT
7.
I: FormsI County Forms! BCC Formsl Original Documents Routing Slip WWS OriginaI9.03.Q4, Revised 1.26.05, Revised 2.24.05
<<matter_numbeD>1 <<documenCnumber>>
17 B t,;~~ t: '1
ORDINANCE NO. 2007- 29
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE
NO. 2001-13, AS AMENDED (THE COLLIER COUNTY
CONSOLIDATED IMPACT FEE ORDINANCE); AMENDING
ARTICLE TWO, IMPACT FEES, SECTION 74-202 PAYMENT
AND SECTION 74-203 USE OF FUNDS; AMENDING ARTICLE
THREE, SECTION 74-302 SPECIAL REQUIREMENTS FOR
ROAD IMPACT FEE; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on March 13, 2001, the Board of County Commissioners adopted Ordinance
No, 2001-13, establishing the Collier County Consolidated Impact Fee Ordinance; and
WHEREAS, on or about April 23, 2002, the Board of County Commissioners directed
county staff to prepare and publicly advertise a hearing on the Board's intent to consider
amending the aforementioned ordinance to further clarify the County's policy pertaining to the
allocation and utilization of road impact fees in adjacent Collier County Road Impact Fee
District(s) for roadway improvements reasonably related to impacts created by an adjacent
Impact Fee District(s); and
WHEREAS, on February 27, 2007, the Board of County Commissioners approved the
following proposed revisions to Ordinance No. 2001-13, as amended.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County Ordinance
No. 2001-13, as amended, is hereby amended to read as follows:
SECTION ONE:
Amendment to Article Two, Impact Fees: Section 74-202 Payment
and Section 74-203 Use of Funds.
Article Two, Sections 74-202 and 74-203, of Collier County Ordinance No. 2001-13, as
amended, are hereby amended to read as follows:
SECTION 74-202. Payment.
(a) Unless deferred or waived by a written agreement with the county as a party
thereto, or unless exempted, the impact fee shall be paid in full as a prerequisite to the
issuance of a building permit for the development, and no building permit or any other
authorization to use the land included in the development shall be issued until each
applicable impact fee has been paid in full. Notwithstanding any other provision of
this section, staff shall not accept pre-payment (early payment) of impact fees prior to
submittal of the related and complete building permit application for the respective
development in all cases where issuance of a conventional building permit renders the
respective impact fees due and payable. In instances where a conventional building
permit is not required (e.g., golf course, park, change of use, etc.), staff shall not accept
1
Underlined Words are added; Simek Through words are deleted.
pre-payment (early payment) of impact fees prior to the (whichever occurs first) event
that renders such impact fees due and payable. Payment of estimated impact fees
prerequisite to issuance of a certificate of public facility adequacy (COA) is not
prohibited pre-payment, and pre-payment of estimated impact fees shall not
grandfather such estimated impact fees against impact fee increases, if any, that occur
subsequent to such pre-payment but before the respective estimated impact fees are
quantified and become finally due and payable.
(b) If the issuance of a conventional building permit for the development is not
required (e.g., golf course, park, change of use, etc.), then an applicant shall pay the
Impact fee prior to the occurrence of any of the following events, whichever occurs
first:
(1) The date when the first building permit has been issued for any building or
structure accessory to the principle use or structure of the development; or
(2) The date when the first building permit is issued for the first non-accessory
building or non-accessory structure to be used by any part of the development;
or
(3) The date when a final development order, final development permit or other
final authorization is issued authorizing construction of a parking facility for
any portion of the development; or
(4) The date when a final development order, final development permit or other
final approval is issued for any part of the development in instances where no
further building permit is required for that part of the development; or
(5) The date when any part of the development opens for business or goes into
use.
(c) Owners of all golf courses must submit to the county a certified legal
description and a certified surveyors sketch (to scale) of the course prepared by a
professional engineer before the date the construction of the golf course commences.
(d) If the development is located within the unincorporated area of the county,
the impact fee shall be paid directly to the county.
( e) If the development is located within a municipality, the impact fee shall be
paid as follows:
(I) If the municipality has entered into a Florida Interlocal Cooperation Act, F.S.
9 163.01 agreement with the county that provides for the collection of the
impact fee, such impact fees shall be paid and collected in accordance with the
provisions of the agreement.
(2) If the municipality has not entered into a Florida Local Government
Development Agreement with the county providing for the collection of the
impact fee, such impact fees shall be paid directly to the county. The time
that such impact fees become due and payable shall be the same as if the
development were in unincorporated Collier eCounty.
(f) If the development is located within a municipality and the governing body
of the municipality has not agreed to require proof of payment of the impact fee to the
2
Underlined Words are added; Struek Through words are deleted.
Ilf B ..1
178
: ~ ,j
f. ~f
county prior to the issuance of a building permit by the municipality or to require
additionally the payment of the impact fee as a condition of the issuance of a building
permit by the municipality, the impact fees shall be collected as provided in section 74-
202(a) and (b), or, in the event of delinquency in payment, pursuant to section 74-501.
(g) The obligation for payment of the impact fees and impact fees paid shall run
with the land. Assignment of impact fee credits from one parcel to another parcel of
land shall not be permitted except in accordance with the requirements of section 74-
205,
(h) In the event a building permit issued for a development: (i) expires prior to
commencement of any part of the development for which the building permit was
issued, (ii) is officially cancelled, (iii) is revised after payment of impact fees and the
permit's revision results in a reduction in the impact fees applicable for the
development, or (iv) results in the impact fees being overpaid due to an incorrect
application of the rate schedule, calculation error(s), or prior payment within the same
subject property, the then current owner/applicant may within 90 days of the expiration
of, cancellation of, overpayment for, or approved revision to the building permit, apply
for a reimbursement of a portion of or the entire impact fee, depending on the basis for
the request for reimbursement. All such requests for reimbursement shall be calculated
by applying the impact fee rate schedule that was in effect on the date of the respective
building permit application. Failure to make timely application for a reimbursement of
the impact fee shall waive any right to a reimbursement.
(1) The application for reimbursement shall be filed with the county manager
and shall contain the following:
a. The name and address of the applicant;
b. The location of the property upon which the respective development
was authorized by the respective building permit;
c. The date the impact fee was paid;
d. A copy of the receipt of payment for the impact fee; and
e. The date the building permit was issued and the date of expiration,
cancellation or approval of the revision, as applicable;
f. Payment of a non-refundable "impact fee reimbursement processing
fee" equal to two percent of the total impact fees requested to be
reimbursed, except that the minimum processing fee shall be $25.00 and
the maximum processing fee will not exceed $500.00. Reimbursement
requests which are determined to arise from either an incorrect
application of the rate schedule or a calculation error by county staff
will not be required to pay the "impact fee reimbursement processing
fee. "
g. If the request is due to a revision to the building permit, a copy of the
approved revision including original and revised square footage,
3
Underlined Words are added; Struek TlK-E>ugh words are deleted.
number of units, date of approval of the revision, and an explanation of
the nature of the revision (change of size, use, etc.);
h. If the request is due to an overpayment, receipts from preVIOUS
payments, corresponding building permit numbers, and evidence of the
current square footage (area) and uses of existing structures must be
included in the application.
(2) After verifying that the building permit has expired or was cancelled before
the development had commenced or was revised and thereby required a
reduction in the impact fee assessed for the development, the county
manager shall forward the request for reimbursement of the impact fee to the
appropriate division staff for further processing as set forth below.
(3) If a building permit is subsequently issued for a development on the same
property, which was previously approved for a reimbursement, then the
impact fee in effect at that time must be paid.
(4) After verifying all information relating to the request for reimbursement,
staff shall forward the request to the applicable division administrator for
approval. The division administrator shall approve or deny the request and
forward all approved requests to the clerk of the circuit court's finance
department for processing.
(5) All reimbursement requests totaling $25,000.00 or more, cannot be approved
administratively and must be submitted to the Board of County
Commissioners.
(i) In the event the county or a municipality issues separate building permits for
a building or part of a building within a development which by design contemplates
phased (delayed) occupancy, the board and the applicant may enter into an agreement
for the phased (installment) payment of the impact fee applicable to that portion of the
development represented by such unoccupied units or space; provided, however, that
all impact fees due shall be paid in full prior to issuance of a certificate of occupancy
for occupancy of any delayed occupancy portion of the building. In the event no
agreement is executed for such phased (delayed) occupancy, the impact fees applicable
to that portion of the development represented by such building shall be paid prior to
the issuance of a building permit.
(j) The impact fee shall be paid In addition to all other fees, charges and
assessments due for the issuance of a building permit.
(k) In the event a development is a mixed use development, the county manager
shall calculate each impact fee based upon each separate impact fee land use category
included in the proposed mixed use development as set forth in the applicable rate
schedule.
4
Underlined Words are added; 8tIllek Threl:lgh words are deleted.
178
'I~.'."
, . ":',1.
I , "'."' ~
(1) In the event a development invotves a land use not contemptated under th17 B'l ~
impact fee land use categories set forth in the rate schedules in appendix A, the county
manager shall calculate the appropriate impact fees utilizing the methodologies
contained in the impact fees adopted by section 74-106. The county manager shall
utilize as standards in his determination the impact fee rate calculation variables
applicable to the most similar land use categories in the applicable impact fee rate
schedules.
em) All refunds not specifically addressed herein or in other sections shall follow
the procedure[ s 1 set forth in the Collier County Administrative Procedures Manual for
Road Impact Fees.
SECTION 74-203. Use of funds.
(a) The board hereby establishes or reaffirms the establishment of separate impact
fee trust funds for each of the public facilities, designated as follows:
(1) Road: "Road Impact Fee Trust Fund;"t
(2) Water and sewer: "Water Impact Fee and/or Sewer Impact Fee Trust Funds";
The county hereby establishes or reaffirms the establishment of two separate trust
funds, one entitled "Water Impact Fee Trust Fund" for water and a second entitled
"Sewer Impact Fee Trust Fund" for sewer;
(3) Parks and recreational: The county hereby establishes or reaffirms the
establishment of two separate trust funds, one entitled "Regional Park Impact Fee
Trust Fund" (into which the portion of the impact fee allocated to parks and
recreational service paid by development located in municipalities within the
county will be deposited), and a second entitled "Unincorporated Park Impact Fee
Trust Fund" (into which the portion of the impact fee allocated to parks and
recreational services paid by development located in the unincorporated areas of
the county will be deposited);
(4) Library: "Library Impact Fee Trust Fund;"t
(5) Emergency medical: "Emergency Medical Services Impact Fees Trust Fund~"t
(6) Educational: "Educational Impact Fee Trust Fund~"t
(7) Correctional: "Correctional Impact Fee Trust Fund;"t
(8) Fire:"Fire Impact Fee Trust Fund;"t
(9) General government: "General Government Impact Fee Trust Fund;"t
(10) Law Enforcement: "Law Enforcement Impact Fee Trust Fund."
Each of these impact fee trust funds shall be maintained separate and apart from each
other and from all other funds of the county. Each fund shall account for all collections,
revenues and expenditures, and shall be regularly reported to the board of county
commissioners. The portion of the impact fee allocated to each public facility under
sections 74-302 through 74-311, inclusive, shall be deposited into the corresponding impact
fee trust fund immediately upon receipt. Each of the foregoing impact fee trust funds shall
be further separated or divided based upon benefit districts established pursuant to the
respective sections 74-302 through 74-311. No impact fee in any trust account shall be
5
Underlined Words are added; Struek Thmugh words are deleted.
1"7 8 ~:41
loaned to any other impact fee trust account. but may be utilized in adjacent districts as set
forth herein.
(b) The funds deposited into each impact fee trust fund shall be used solely for the
purpose of providing growth necessitated improvements and additions to the specific public
facility or in that Road Impact Fee District or anyone or more adjacent Road Impact Fee
District for which the impact fee was assessed including, but not limited to the following:
(I) Design and construction plan preparation;
(2) Permitting and fees;
(3) Construction and design of public facilities;
(4) Land and materials acquisition, including costs of acquisition and condemnation;
(5) Right-of-way acquisition, including costs of acquisition and condemnation;
(6) For the road impact fee only, construction of new through lanes, new turn lanes,
new bridges, bike lanes, sidewalks, street lights, and new traffic signalization.
However, impact fee funds shall not be used to fund bike lanes or sidewalks
unless they are constructed concurrently as part of a road project that increases
capacity. Other capital cost items, including the relocation, but not the up sizing
of, water and/or sewer utility facilities, may be included subject to such cost being
contemplated in the then-applicable road impact fee study.
(7) Design and construction of new drainage facilities required by the construction of
public facilities;
(8) For water and/or sewer impact fees, relocating the respective utility facilities
required by the county and additions to county utility facilities;
(9) Landscaping;
(10) Construction management and inspection;
(11) Surveying, soils and material testing;
(12) For the water impact fee only, development of raw water sources and supplies;
(13) Acquisition of capital equipment for public facilities;
(14) Acquisition of apparatus, equipment or furniture necessary to expand the public
facilities;
(15) Repayment of monies transferred or borrowed from any budgetary fund of the
county, or the school board in the case of educational facilities impact fee,
subsequent to the adoption of this chapter, which were used to fund construction,
acquisition and/or improvements to public facilities;
(16) Payment of principal and interest, necessary reserves and costs of issuance under
any bonds or other indebtedness (including certificates of participation in
accordance with F.S. ~~ 230.23 and 235.056, for education facilities impact fees)
issued by the county, or the school board in the case of educational facilities
impact fee, to fund growth impacted public facilities subsequent to the adoption
of this chapter;
(17) Reimbursement of excess impact fees due pursuant to section 74-202 or section
74-205;
6
Underlined Words are added; Stmek Through words are deleted.
(18) Design and construction of public facilities necessitated by the construction of the
specific facility for which the impact fee was assessed;
(19) To the extent provided by law, reimbursement or refund of costs incurred by the
county, or the school board in the case of educational facilities impact fee, in the
preparation of this chapter, of any update to the impact fee studies adopted
pursuant to section 74-106, and any amendments or supplements adopted
pursuant to section 74-502 and any other administrative costs incurred by the
17 B ~I
county;
(20) Administration for the specific public facility for which the funds were collected
directly relating to this chapter; and
(21) Any other expenditures of the respective impact fees as then allowed by law.
(c) Impact fee trust funds shall not be used for any expenditure that would be
classified as a maintenance or repair expense, nor shall they be used on improvement
projects not included in the county's five-year CIE.
(d) The monies deposited into the impact fee trust fund shall be used solely to finance
public facilities required by growth as projected in the impact fee studies, the
comprehensive plan, or in the county's then current water or sewer master plan provided the
project in the respective master plan is consistent with the comprehensive plan.
(e) All funds on deposit which are not then immediately necessary for expenditures
shall be invested by the county in compound-interest bearing trust fund(s). All income
derived from such investments shall be deposited in the specific impact fee trust fund from
which the invested funds came. To the extent not prohibited by law, rule, regulation or
contract (including bond covenants), interest then accrued in the respective trust fund shall
be used to fully fund "not-for-profit" charitable entity impact fees waivers. Accrued interest
in one trust fund shall not be loaned to, transferred to, or otherwise be treated to the credit of
any other trust fund or any other account. Impact fee waivers granted by the board shall be
paid from accrued interest from each trust fund affected by the waivers. In the event the
administrator of a respective trust fund is of the opinion that then accrued interest in the
respective impact fee trust fund is insufficient to fund the then pending requested waivers,
the manager of each such trust fund shall notify the county manager in writing of the factual
and legal bases for those opinions. Accrued interest shall be deemed to "be available" to
fund these "not-for-profit, charitable entity" waivers unless there then exists an actual legal
prohibition whereby that accrued interest cannot legally be used to fund the requested
waIvers.
(t) The impact fee collected pursuant to this chapter (including all predecessor
ordinances that are hereby being consolidated into this chapter) shall be returned to the then
current owner of the property for which such fee was paid if which fees have not been
expanded or encumbered prior to the end of the fiscal year immediately following the sixth
anniversary of the date when the respective impact fee was paid. Refunds shall be made
only in accordance with the following procedure:
7
Underlined Words are added; Struek Thr{)ugh words are deleted.
(1) The then current owner shall petition the board for the refund prior to the end of
the fiscal year immediately following the sixth anniversary of the date of the
payment of the respective impact fee.
(2) The petition for refund shall be submitted to the county manager, and shall
contain:
a. A notarized sworn statement that the petitioner is the then current owner of
the property for which the impact fee was paid;
b. A copy of the dated receipt issued for payment of such fee or such other
record as would clearly indicate payment of such fee;
c. A certified copy of the latest recorded deed; and
d. A copy of the most recent ad valorem tax bill.
(3) Within 90 days from the date of receipt of a complete petition for refund, the
county manager will advise the owner of the status of the impact fee requested
for refund, and if such impact fee has not been expended or encumbered within
its applicable time period, then it shall be returned to the then current owner.
For the purposes of this section, fees collected shall be deemed to be spent or
encumbered on the basis of the first fee in shall be the first fee out. Such funds
may be encumbered by contract, bond, resolution, ordinance, or otherwise.
(4) Impact fee monies refunded by the board in accordance with this subsection (e)
shall be paid with interest accrued to the principal being refunded but not to
exceed the rate of five percent simple interest. Except as provided for in this
subsection ( e), no interest shall be paid upon the return or refund of impact fees.
(g) Failure to file a timely petition for a refund upon becoming eligible to do so shall
be deemed to have waived any claim for a refund, and the county shall be entitled to retain
and apply the impact fee for growth necessitated capital improvements and additions to the
respective public facilities. All refunds not specifically addressed herein or in other sections
shall follow the vrocedure(s) set forth in the Collier County Administrative Procedures
Manual for Road Impact Fees.
(h) Notwithstanding any other provisions In this section or in any other county
ordinance, the provisions in subsection (D) of section 19, Chapter 88-499, Laws of Florida,
a Florida Special Act applicable to the county's water-sewer district, specify the
requirements for eligibility for refunds of water and sewer impact fees when the structure on
the property is not authorized to connect into the county's respective utility system within
ten years of the date of payment of the related impact fees. The administrator of the public
utilities division is authorized to grant such refunds without further approval from the board
subject to the refund applicant complying with all then applicable refund requirements.
(i) Impact fee waivers or deferrals available to charitable organizations and
charitable trusts. These impact fees waivers are available only to eligible to not-for-profit,
charitable entities as specified herein. The cumulative total of all not-for-profit waivers in
each of the county's fiscal years shall not exceed $200,000.00. If the total amount of
impact fees waived pursuant to these provisions in a fiscal year is less than $200,000.00 (or
is less than the higher total in the funding account for that fiscal year because of prior cash
8
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178
.11
carrying- forward) some or all of the sum of money not waived can be carried forward and
thereby added to the $200,000.00, to a maximum balance of $500,000.00 funding for the
next fiscal year, Neither impact fees collected by the county for educational facilities nor
fire impact fees shall be waived under these provisions.
(1) Entities eligible for waivers. These waivers are available only to charitable, not-
for-profit entities that provide services of substantial benefit to low income or
very low income residents of the county at no charge or at reasonable, reduced
rates, and no part of the net earnings of the entity shall inure to the benefit of any
private shareholder or individual, and the entity complies with at least one of the
following:
a. The entity is described in subsection 501(C)(3) of Chapter 26 of the United
States Internal Revenue Code as a corporation, a community chest, a fund, or
a foundation, organized and operated exclusively for charitable purposes, or
for prevention of cruelty to children, and is then exempt from taxes under
Section 501(a) therein; or
b. The entity is described in Subsections 501(C)(4)(A) and (B) of Chapter 26 of
the United States Internal Revenue Code as either a Civic League or an
organization not organized for profit, is operated exclusively for the
promotion of social welfare, and is exempt from taxes under Section 501(a),
therein; or
c. The entity is described in Subsection 501(C)(20) of Chapter 26 of the United
States Internal Revenue Code as an organization or trust, the exclusive
function of which is to form part of a qualified group legal services plan or
plans within the meaning of Section 120 as referenced therein; or
d. The entity is a hospital, a cooperative hospital service organization, a medical
research organization, or similar organization under any provision within (or
referenced) in Section 501 of Chapter 26 of the United States Internal
Revenue Code and the entity is exempt from federal income taxation; or
e. The entity is then exempt from Florida's annual and nonrecurring intangible
taxes pursuant to F.S. ~ 199.185(4), as a "Charitable Trust" and at least 95
percent of its income is paid to one or more of the above-listed federal tax
exempt entities.
(2) Amount of waivers available to applicants. Subject to not exceeding the amount
of impact fees paid (or to be paid) by the applicant to the county, the applicant
may request waivers of all impact fees that are waivable under these provisions,
but no applicant shall be granted more than $7,500.00 of not- for-profit waivers.
(3) No construction that has obtained an affordable housing deferral under this article
shall be eligible for any waiver under these provisions. No construction that has
been granted a waiver under these provisions shall be eligible for any county
affordable housing deferrals.
(4) Applications for waivers pursuant to this section 74-203.
9
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17B
a. Except as specified in this subparagraph a., the applicant must file a written
waiver request application to the county manager not later than concurrently
with payment of the respective impact fees. The county shall not accept any
such applications after the respective impact fees have been paid to the county
except in those instance when the Collier County building permit that
authorized the respective waiver eligible development was issued after
September 7,2001 and before October 13,2001 and the development paid the
applicable impact fees in full. The applicant can avoid payment of impact
fees (up to the maximum amount of impact fees that may possibly be waived
for that applicant) only when it is possible that the board may grant the
requested waiver before the respective impact fees become due and payable to
the county. The application must prove all of the applicable above-specified
elements that render the entity eligible for the requested waivers, including the
required tax exemptions(s). The county manager may request additional
information deemed appropriate to ascertain the applicant's eligibility for the
requested waivers, including criteria noted in F.S ~~ 196.195 and/or 196.196.
b. No priority shall be given to any application based on any "first come, first
served" basis. The county manager shall review each application to determine
eligibility for the requested waivers. Within 30 days after receipt of the
application, the county manager should inform the applicant in writing
whether the application is complete. If the application is incomplete, the
application may be returned to the applicant, specifying in writing why the
application fails to prove that the entity is eligible for the requested waivers.
After receipt of such notice, the applicant shall have an additional 30 days to
re-submit an amended application. Failure to meet this deadline shall void the
applicant's eligibility for the requested waivers unless an extension is granted
for good cause at the county manager's discretion.
c. After an application is determined by the county manager to meet the above
specified minimum filing requirements, the county manager shall promptly
place the application request on the county's manager portion of the board's
agenda. The fiscal year in which the waiver application is granted or denied
by the board shall be the fiscal year that applies to the application. The
executive summary shall specify the criteria deemed by the county manager to
render the applicant eligible (or ineligible) for the requested waivers, and shall
include the county manager's recommendations whether the board should
grant the request in whole or in part, or should deny the request, along with a
proposed resolution that may be adopted by the board that contains specific
findings that the applicant is (or is not) eligible for the requested waivers. No
resolution shall apply to more than one applicant. Waivers granted shall be
final and vested immediately upon adoption ofthe resolution.
(5) Not-for-profit waivers are discretionary and the board's decisions are final.
10
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178
~.1W
178
~:1 ~';
(6) The county manager may adopt additional generally applicable procedural rules
with regard to application requests provided those rules apply to all similarly
situated applicants and do not impose additional mandatory eligibility
requirements upon any applicant.
(7) No construction that has applied for or obtained Fee Payment Assistance
Funding under Chapter 49 of the Collier County Code of Laws and Ordinances
shall be eligible for any waiver under these provisions. No construction that has
been granted a waiver under these provisions shall be eligible for any county fee
payment assistance funding.
SECTION TWO: Amendment to Article Three, Section 74-302, Special Requirements for
Road Impact Fees.
Article Three, Section 74-302, Special Requirements for Road Impact Fees of Collier
County Ordinance No. 2001-37, as amended, is hereby amended to read as follows:
Sec. 74-302. Special requirements for road impact fee.
(a) Short name. This section may be known as "Special Requirements for Road Impact
Fee."
(b) Purpose, It is hereby ascertained, determined and declared:
(1) Both existing development and development necessitated by the growth contemplated
in the comprehensive plan will require improvements and additions to the
transportation network to accommodate and maintain traffic at the level of service
adopted by the county. Future growth, as represented by new development, should
contribute to the cost of improvements and additions to the transportation network
required to accommodate and traffic generated by such growth as contemplated in the
comprehensive plan.
(2) The required improvement and additions to the transportation network needed to
accommodate existing traffic at the level of service adopted by the county shall be
financed by revenue sources of the county other than road impact fee.
(3) Implementation of a road impact fee to require future development to contribute the
cost of required transportation capital improvements and additions is an integral and
vital element of the regulatory plan of growth management incorporated in the
comprehensive plan of the county.
(4) Future growth as represented by new development requires capacity additions to roads
within the state highway system, the county road system and the city street system. The
provision of these growth necessitated capacity additions to the state highway system
and certain portions of the city street system directly benefits all residents of the county
and is interrelated with the provision of growth necessitated improvements to the
county road system. In recognition of these findings and the interconnections between
the various road systems, it is the intent of the board to impose an impact fee on
development occurring within the county and to utilize the proceeds to construct or
acquire contemplated improvements and capacity additions to the transportation
network.
(5) The board expressly finds that improvements and additions to the transportation
network provide a benefit to all development within the county in excess of the road
impact fee.
(6) In recognition that transportation planning is an evolving process, it is the intent of the
board that improvements and additions to the transportation network be reviewed and
adjusted periodically to insure that road impact fees are imposed equitably and
11
Underlined Words are added; Stmek ThreagR words are deleted.
178
~tl
lawfully and are utilized effectively based upon actual and anticipated growth needs at
the time of their imposition.
(7) The county has a responsibility to provide and maintain certain roads in the county in
both the unincorporated areas and within incorporated areas of the county. Placing a
fair share of the burden of the cost of providing the improvements and additions to the
transportation network required by development within incorporated areas constitutes a
county purpose. Construction occurring within incorporated areas impacts the county
road system and state highway system within the county. In recognition of these
findings, it is the intent of the board to impose the road impact fee on all development
occurring within the county, including areas within municipal boundaries.
(8) The purpose of this section is to require the development within the county to provide
for capital improvements and additions to the transportation network which are
necessitated by such development. This chapter shall not be construed to permit the
collection of road impact fees from development in excess of the amount reasonably
anticipated to offset the demand on the transportation network generated by such
development.
(9) This chapter shall not be construed to permit the expending or encumbering of any
monies collected through road impact fees for the construction of improvements or
additions to roads which are not contained within the transportation network.
(c) Limitation on applicability. See section 74-103.
(d) Payment. See section 74-202.
(e) Use offunds.
(1) The road impact fee shall provide funds only for off-site growth necessitated
improvements or addition(s) to transportation network roads within the same road
impact fee district where the respective development is located or for arterial or
collector roadways of anyone or more adjacent districts. .t^Jl exeeption is permitted
where a gi"o'.vth neeessitated improv6fHent or addition(s) thereto is to be eonstruoted to
a portion of an arterial foad '.'1ithin a single road impaet fee distriet aad the arterial road
to be improved extends into one or more other adjaeent distriets. Road impact fees
from each such road impact fee district may be used in the respective adjacent
district(s) provided that:
a. The improvement to be made in the adjacent district is part of the transportation
network that will directly benefit development in the district from which the road
impact fees are generated; and
b. The expenditure of road impact fees within the respective adjacent road impact fee
district is reasonably related proportional to the benefit derived by the district
wherein the road impact fees are collected.
(2) Prior to the expenditure of road impact fees for a capital improvement or addition
located in a road impact fee district other than where the impact fees were derived, a
professional engineer shall provide a specific determination of benefit and demonstrate
compliance with the requirements of this section for the proposed expenditure.
Expenditure of road impact fees in a road impact fee district other than from where the
impact fees were derived shall require approval from the board and the board shall
support the approval by a specific finding of benefit.
(3) Access improvements, including required right-of-way dedications, shall be provided
by the applicant in accordance with all other applicable ordinances of the county.
(4) Road impact fee district boundaries (where a road right-of-way is used to define road
district boundaries, that portion of the road right-of-way demarcating the boundary
may be considered as part of either district that it bounds).
12
Underlined Words are added; Stnlek Throl:lgh words are deleted.
17 B
a. Road impact fee district number 1 is hereby created or affirmed to include the
boundaries set forth and established as described and depicted in appendix B,
attached hereto and incorporated by reference. Road impact fee district number 1
shall include all areas previously included within district numbers 1 and 2 created
by Ordinance No. 85-55, as amended. The road impact fee rate schedule
incorporated in schedule 1 is hereby adopted and the road impact fees established
in the road impact fee rate schedule are hereby imposed on all development located
within road impact fee district number 1 at a rate established under the applicable
impact fee land use categories.
b. Road impact fee district number 2 is hereby created or affirmed to include the
boundaries set forth and established as described and depicted in appendix B,
attached hereto and incorporated by reference. Road impact fee district number 2
shall include all areas previously included within district numbers 3 and 5 created
by Ordinance No. 85-55, as amended. The road impact fee rate schedule
incorporated in schedule 1 is hereby adopted and the road impact fees established
in such road impact fee rate schedule are hereby imposed on all development
located within road impact fee district number 2 at a rate established under the
applicable impact fee land use categories.
c. Road impact fee district number 3 is hereby created or affirmed to include the
boundaries set forth and established as described and depicted in appendix B,
attached hereto and incorporated by reference. Road impact fee district number 3
shall include all areas previously included within district number 4 created by
Ordinance No. 85-55, as amended. The road impact fee rate schedule incorporated
in schedule 1 is hereby adopted and the road impact fees established in such road
impact fee rate schedule are hereby imposed on all development located within road
impact fee district number 3 at a rate established under the applicable impact fee
land use categories.
d. Road impact fee district number 4 is hereby created or affirmed to include the
boundaries set forth and established as described and depicted in appendix B,
attached hereto and incorporated by reference. Road impact fee district number 4
shall include all areas previously included within district number 6 created by
Ordinance No. 85-55, as amended. The road impact fee rate schedule incorporated
in schedule I is hereby adopted and the road impact fees established in such road
impact fee rate schedule are hereby imposed on all development located within road
impact fee district number 4 at a rate established under the applicable impact fee
land use categories.
e. Road impact fee district number 5 is hereby created or affirmed to include the
boundaries set forth and established as described and depicted in appendix B,
attached hereto and incorporated by reference. Road impact fee district number 5
shall include all areas previously included within district number 9 created by
Ordinance No. 85-55, as amended. The road impact fee rate schedule incorporated
in schedule 1 is hereby adopted and the road impact fees established in such road
impact fee rate schedule are hereby imposed on all development located within road
impact fee district number 5 at a rate established under the applicable impact fee
land use categories.
f. Road impact fee district number 6 is hereby created or affirmed to include the
boundaries set forth and established as described and depicted in appendix B,
attached hereto and incorporated by reference. Road impact fee district number 6
shall include all areas previously included within district number 8 created by
Ordinance No. 85-55, as amended. The road impact fee rate schedule incorporated
in schedule 1 is hereby adopted and the road impact fees established in such road
impact fee rate schedule are hereby imposed on all development located within road
impact fee district number 6 at a rate established under the applicable impact fee
land use categories.
g. Road impact fee district number 7 is hereby created or affirmed to include the
boundaries set forth and established as described and depicted in appendix B,
attached hereto and incorporated by reference. Road impact fee district number 7
13
Underlined Words are added; 8tI1:1ek Through words are deleted.
17 B .~~
shall include all areas previously included within district number 11 created by
Ordinance No. 85-55, as amended. No road impact fee shall be initially imposed
upon development located within road impact fee district number 7.
h. Road impact fee district number 8 is hereby created or affirmed to include the
boundaries set forth and established as described and depicted in appendix. B,
attached hereto and incorporated by reference. Road impact fee district number 8
shall include all areas previously included within district numbers 7 and 10 created
by Ordinance No. 85-55, as amended. No road impact fee shall be initially imposed
upon development located within road impact fee district number 8.
(5) The board of county commissioners hereby establishes (or affirms) eight separate trust
funds for the road impact fees to be designated as the "District Number 1 Road Impact
Fee Trust Fund", "District Number 2 Road Impact Fee Trust Fund", "District Number
3 Road Impact Fee Trust Fund," "District Number 4 Road Impact Fee Trust Fund,"
"District Number 5 Road Impact Fee Trust Fund," "District Number 6 Road Impact
Fee Trust Fund~", "District Number 7 Road Impact Fee Trust Fund,: and ~District
Number 8 Road Impact Fee Trust Fund."
(6) The monies deposited into the respective road impact fee trust funds shall be used
solely to provide additions and improvement to the transportation network required to
accommodate traffic generated by growth.
(f) Impact fee rates. The road impact fee rate schedule incorporated in schedule 1 is
hereby adopted and the road impact fees established in the road impact fee rate schedule are
hereby imposed on all development as required in this chapter at a rate established under the
applicable impact fee land use categories.
(g) Annual mid-cycle road impact fee rate indexing. Beginning November 1, 2002, the
county shall commence a three-year road impact fee update cycle pursuant to subsections 74-
201(b) and 74-502(a) of this chapter. On or about November 1, of each of the two mid-years
between updates, the county shall implement indexed adjustments to the cost components of
design, utilities, mitigation, interchange, carrying cost, construction, engineering, inspection and
the non-land components of right-of-way acquisition costs based on the Florida Department of
Transportation Price Trends Index based on the three-year historical trend, weighted as 25
percent of the index. The index adjustment to the land value component of rights-of-way costs
shall be based on the ten-year historical trend in total just values for all property as updated
annually by the Collier County Property Appraiser, weighted as 75 percent of the index. The
annual increases in the total just values for all property shall be capped at 25 percent for any
given year included in the average. Mid-cycle indexed rate change adjustments shall be adopted
by a resolution of the board pursuant to subsection 74-21O(b) of this chapter.
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 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 Ordinances may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
14
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17 B ~~
',1 .w
SECTION FIVE: 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 27t~ day of February, 2007.
""" . ~";. ~ . ..
A TTES1':'-
DWroHTE. BR.OCK~ Clerk
. r' .~~ ..
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
~-'"":..""'"..""'"'.
-'. ~."
...". '. '. "
Atw~.~ tl>CtII'([::-
s 1on.twrt Oft 1 "
Approved as to form and
]~#-72 j~
Scott R. Teach,
Assistant County Attorney
By:
<fl~ N
JAMES COLETTA, CHAIRMAN
15
Underlined Words are added; Struck Through words are deleted.
17 C
~4~
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:
***********.*********************************************** ***********************
Originating Dept/ Div: Corrun.Dev.Serv./PlanningPerson: Melissa Zone l.J.j j '-1/01
Petition No. (If none, give brief description): PUDA-2006-AR-10030, ock Park Commer<:e Centre PUD
Petitioner: (Name & Address): RWA, Inc., Bob Mulhere, 6610 Willow Park Drive, Ste 20, Naples, Fl. 34109; Bruce
Anderson, Esq., 850 Park Shore Drive, Trianon Center, 3rd Floor, Naples, FL 34103
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Sempler
Family Partnership #42, LTD, c/o Joseph A Filippelli, 5858 Central Ave., St. Petersburg, Florida 33707
Hearing before BCC
BZA
Other
Requested Hearing date: Februarv 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 & corrunon location & Size): Petition: PUDA-2006-AR-I0030, Sembler Family
Partnership #42, L TD, represented by Bob Mulhere, of RW A, Inc., requesting a PUD Amendment to reflect the current LDC
sections which was recodified in 2004 in the Hanunock Park Corrunerce Centre pun 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.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
113-138312-649110
No If Yes, what account should be charged for advertising costs:
Reviewed by: . _' ... 17-/1 f / f['"
~-LJ.-k\. '11'}. "..c::'t--Lt.:C~~-.?
Elepartment Head Date
Approved by:
County Manager
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval
before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal
review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's
office will distribute copies:
County Manager agenda file: to Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
.****..*.**.*.*.**.******.*.*.**.*.....*****.******...*******.*.*.*****...*********.*.******
FOR CLERK'S OFFICE USE ONLY:
Date Received: ~ Date of Public hearing: ~te Advertised: ~/O1-
01 o.t-\ Dr
ORDINANCE NO. 07-__
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS
AMENDED, THE COLLIER COUNfY 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 CHANGE THE
ZONING CLASSIFICATION FROM "PUD" PLANNED
UNIT DEVELOPMENT TO "CPUD" COMMERICAL
PLANNED UNlT DEVELOPMNET KNOWN AS
HAMMOCK PARK. COMMERCE CENTRE CPUD, FOR
PROPER1Y LOCATED ON THE NORTHEAST CORNER
OF TIlE INTERSECTION OF CR 951 AND
RATTLESNAKE HAMMOCK ROAD, IN SECTION 14,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 20.23 ACRES;
PROVIDING FOR THE REPEAL OF ORDINANCE
NUMBER 00-19, AS AMENDED, THE FORMER
HAMMOCK PARK COMMERCE CENTRE PUD; AND
BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Bob MuIhere of RWA, Inc. and Bruce Anderson, Esq., representing
Sempler Family Partnership Number 42, LID, c/o Joseph A Filippelli. 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 loclltcd in Section 14,
Township 50 South, Range 26 East, Collier County, Florida, is changed from "PUD" Planned
Unit Development to "CPUD" Commercial Planned Unit ~lopment in accordance with
Hammock Park Commerce Centre CPUD Document, attached hereto as Exhibit "API and
incorporated herein by reference made part hereof. 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:
Ordinance Number 00-19, WI amended, known as the Hammock Park Conunerce Centre
PUD, adopted on November 28, 2000, by the Board of County Commissioners of Collier
COlD1ty, is hereby repealed in its entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State,
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _ day of
,2001.
Page I of2
...
A1TEST:
DWIGHT E. BROCK, CLERK
Deputy Clerk:
Approved as to fomt and
legal sufficiency
./ Marjorie M. Student-Stirling
Assistant County Attorney
I'tJOA-21lO6-A1l.IOOJO>lMZI",
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
, CHAIRMAN
Page 2 of2
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REV. 1
PUDA-1006-AR-tOOJO
PROJECf #19990016
DATE: 1012106
MELISSA WNE
PLANNED UNIT DEVELOPMENT DOCUMENT
FOR
Hammock Park Commerce Centre
CPUD
A COMMERCIAL PLANNED UNIT DEVELOPMENT
Prepared by:
D..-rt....Il~..~~..... "
~$f~~\
O'PlIlfil!& .vt$UIf<<it'ii1ii
.'ei.~~.~~:..~
6610 Willow Park Drive, Suite 200
Naples, Florida
Date RevieMd by ccpe:
Date Appro\l'ed by BCC: November 28, 2000
Ordinance Number: 2000-79
Date Amendment Approved by BCC:
A TlIM1dment Ordinance Number:
Q:\200S\OSOl16.00.02 Hammock PIrlc Commen:e Clr. PUn Rczooc'()()02 CPUD Rezone Appllcatlon\Hammock P.tlc CPUD TlOXIll CUIIIIIlIJlIts
9-OS-06(clcan).doc
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TABLE OF CONTENTS
PAGE
STATEMENT OF COMPLIANCE 1
SECTION I Property Ownership & Description 2
SECTION IT Project Development 4
SECTION m Community Commercial District 8
SECTION IV Preserve Area 13
SECTION V General Development Commitments 14
LIST OF EXBIBITS
EXHIBIT "A"
PUD Master Plan
Q:\2005'D50116.00.02 HaImnoclt Park Commm:e Ctr. PUD Rezone'DOO2 CPUD Rezone Applicalion\Hammock Park CPUD. TJOXlll CommIm18
9-OS-06(clelll).doc
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STATEMENT OF COMPLIANCE
The development of approximately 20.23 +/- acres of property in Section 14, Township SO
South, Range 26 East, Collier County, as a Commercial Planned Unit Development to be known
as Hammock Park Commerce Centre CPUD will be in compliance with the plamrlng goals and
objectives of Collier County as set forth in the Collier County Growth Management Plan. The
retail commercial and office facilities of the Hammock Park: Commerce Centre CPUD will be
consistent with the growth policies, land development regulations, and applicable comprehensive
planning objectives for the following reasons:
1. The subject property is located within the northeast quadrant of the CR 951lRatt1esnake
Hammock Road Mixed Use Activity Center Land Use Designation as identified on the
Future Land Use Map. The permitted uses are described in the Activity Center Sub -
district of the Urban - Commercial District in the Future Land Use Element (FLUE). This
category described in the Future Land Use Element permits a :full mix of residential and
non-residential land uses in this area. This strategic location allows the site superior access
for the location of retail commercial and office land uses.
2. The subject property's location in relation to existing or proposed community facilities and
services permits the development's intensity of land use as required in Objective 2 of the
Future Land Use Element.
3. The project development is compatible with and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
4. The project shall be in compliance with all applicable County regulations including the
Growth Management Plan.
5. All final development orders for this project are subject to, Chapter 6.02.00, Adequate
Public Facilities Requirements, of the Collier County Land Development Code (!DC), as
amended, as set forth in Policy 3.1 of the Future Land Use Element.
6. The project has access from both CR 951 and Rattlesnake Hammock Road. Further, the
access points will be consistent with the adopted Access Management Plan for Mixed Use
Activity Center #7, which encourages shared access points along CR 951, and is further
described in Policy 4.4 of the Future Land Use Element.
7. Where possible, Hammock Park Commerce Centre will incorporate ~tura1 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.
8. The project will be served by a complete range of services and utilities as approved by the
County.
9. No residential uses are being requested for this PUD.
Hammock Park Commerce Ceutre PUD
Page 1 of 18
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SECTION 1
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
name of Hammock Park Commerce Centre CPUD.
1.2 LEGAL DESCRIPTION
A parcel of land located in the southwest 1/4 of Section 14, Township SO South, Range
26 East, Collier County, Florida, being more particularly described as follows:
O.R. 1573, Page 355
The North one-half (Nl/2) of the South one-half (S 112) of the Southwest one-quarter
(SW1/4) of the Southwest one-quarter (SWII4) less the West 100 feet of roadway for
County Road 951; Section 14, Township 50 South, Range 26 East, Collier County,
Florida and the West 80 foot parcel of the South one-half (SI/2) of the Southeast one-
quarter (SE1/4) of the Southwest one-quarter (SW1I4); Section 14, Township 50 South,
Range 26 East, Collier County, Florida.
O.R. 1708, Page 1667
The South 1/2 of the South 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 14,
Township 50 south, Range 26 East, Collier County, Florida, less the west 100 feet thereof
for road right-oi-way.
Containing 20.23 acres, more or less.
Subject to easements, reservations or restrictions of record.
1.3 PROPERTY OWNERSHIP
The subject property is cummtly owned by Sembler Family Partnership #42, Ltd.
1.4 GENERAL DESCRIPTION OF. PROPERTY AREA
A. The subject property is located at the northeast quadrant of the intersection of
Rattlesnake Hammock Road and CR 951 of unincorporated Collier County, Florida.
The Subject property is located within a Mixed Use Activity Center as designated on
the Future Land Use Map.
Hammock Park Commerce Centre PUD
Page 2 ofl8
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B. The property is currently vacant. The entire site has Hammock Park Commerce
Centre PUD Zoning.
1.5 PROJECT DESCRIPTION
The Hammock Park Commerce Centre CPUD will include a mixture of land uses for
retail commercial and office land uses. The Hammock Park Commerce Centre CPUD
intends to establish guidelines and standards to ensure a high and consistent level of
quality for proposed features and facilities. Uniform guidelines and standards will be
created for such features. and facilities as landscaping, signage, lighting, roadway
treatments, fences and buffers.
The Concept Plan is illustrated graphically on Exhibit "A"~ PUD Master Plan. A Land
Use Summary indicating approximate land use acreage is shown on the Master PIan.
1.6 SHORT TITLE
This Ordinance shall be known and cited as the "Hammock Park Commerce Centre
Commercial Planned Unit Development Ordinance"
Hammock Park Commc:rce Centre PUD
Page 3 of 18
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SECTION n
PROJECT DEVELOPMENT
2.1 PURPOSE
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.
2.2 GENERAL
A. Regulations for development of the Hammock Park Commerce Centre CPUD shall
be in accordance with the contents of this document, PUD Planned Unit
Development District, applicable sections and parts of the LDC and Collier County
Growth Management Plan in effect at the time of final local development order or
building permit application. Where these regulations fail to provide developmental
standards, then the provisions of the most similar district in the LDC shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the LDC in effect at the date of adoption of this PUD.
C. All conditions imposed and graphic material presented depicting restrictions for the
development of the Hammock Park Commerce Centre CPUD shall become part of
the regulations that govern the manner in which the CPUD site may be developed.
D. Unless specifically waived through any variance or waiver provisions from any
other applicable regulations, the provisions of those regulations not otherwise
provided for this CPUD remain in full force and effect.
E. Development permitted by the approval of this petition will be subject to a
concUITency review under the provisions of, Chapter 6.02.00, Adequate Public
Facilities.Requirements of the LDC, as amended, at the earliest, or next, to occur of
either the Final Site Development Plan approval, Final Plat approval, or building
permit issuance applicable to this development.
2.3 PROJECT PLAN AND PROPOSED LAND USES
A. The project Master Plan is illustrated graphically by Exhibit "A", PUD Master Plan.
B. Minor modifications to Exhibit "A" may be permitted at the time of Site
Development Plan approval, subject to the provisions of the LDC, as amended, or as
otherwise permitted by this PUD Document.
Hammock Park Commcroo Centre PUD
Page 4 of 18
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C. In addition to the various areas and specific items shown in Exhibit "A". easements
(such as utility, private and semi-public) shall be established and/or vacated within or
along the properly. as may be necessary.
2.4 LAND USE
A. Exhibit "A", PUD Master Plan, constitutes the required CPUD Development Plan.
Except as otherwise provided within this CPUD Document, any division of the
property and the development of the land shall be in compliance with the
Subdivision Regulations and the platting laws of the State of Florida.
B. The provisions of the LDC, as amended, when applicable. shall apply to the
development of all platted tracts, or parcels ofland.
C. Appropriate instruments will be provided at the time ofinfrastructure improvements
regarding any dedications and the methodology for providing pexpetual maintenance
of common facilities.
2.5 AMENDMENTS TO POO DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the CPUD as provided by the LDC, as amended,
2.6 LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL
This CPUD is subject to the sunsetting provisions as provided for within the LDC, as
amended.
2.7 POO MONITORING
An annual monitoring report shall be submitted pursuant to the IDe, as amended.
2.8 DEDICATION AND MAINTENANCE OF FAcn.ITIES
The Developer shall create appropriate property ownership association(s) that will be
responsible for maintaining the roads, streets, drainage, common areas, and water and
sewer improvements where such systems are not dedicated to the County.
2.9 OPEN SPACE REOUlREMENTS
A minimum of thirty percent (30%) of the project's gross area shall be devoted to open
space, pursuant to the LDC, as amended. This requirement shall apply to the entire
development area, including the individual development parcels. The requirement does
not apply to individual development parcels as long as it can be shown that the required
open space is found throughout the development area.
Hammock Pade Commerce Cen1re PUD
Page 5 of18
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2.10 NATIVE VEGETATION RETENTION REOUlREMENTS
Pursuant to, the LDC, as amended, 15% of the native vegetation on site shall be retained.
The exact boundaries of the preserve may vary in order to accommodate final alignment
of Rattlesnake Hammock Extension but, a minimum of 1.63 acres of native preserve shall
be provided for in accordance with the LDC.
2.11 SIGNS
Signs shall be in accordance with IDC, as amended.
2.12 LAKE SETBACK AND EXCAVATION
The lake setback requirements described in the LDC. as amended, may be reduced with
the administrative approval of the Collier County Engineering Review Manager. All
lakes . greater than two (2) acres may be excavated to the maximum commercial
excavation depths set forth in the IDC, as amended; however, removal of fill from
Hammock Park Commerce Centre shall be limited to an amount up to 10 percent per lake
(to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial
excavation permit is received.
2.13 EXCAVATION AND VEGETATION REMOVAL
A. Improvement of property shall be prohibited prior to issuance of a building permit.
No site work, removal of protected vegetation. grading. improvement of property or
construction of any type may be commenced prior to the issuance of a building
permit where the development proposed requires a building permit under the LDC,
as amended, or other applicable County regulations. Exceptions to this requirement
may be granted by the Community Development and Environmental Services
Administrator for an approved Subdivision or Site Development Plan to provide for
distribution of fill excavated on site or to permit construction of an approved water
management system, to minimize stockpiles and hauling off-site or to protect the
public health, safety and welfare where clearing, grading and filling plans have been
submitted and approved meeting the standards of the IDC, as amended. Removal of
exotic vegetation shall be done in accordance with the LDC, as amended.
B. A site clearing, grading, filling and revegetation plan, where applicable, shall be
submitted to the Community Development and Environmental Services
Administrator or his designee for review and approval prior to any clearing, grading
or filling on the property. This plan may be submitted in phases to co~cide with the
development schedule. The site clearing plan shall clearly depict how the
improvement plans incorporate and retain native vegetation. The site specific
clearing, grading, and filling plan for a Subdivision or Site Development Plan may
be considered for review and approval under the following categories and subject to
the following requirements:
Hammock Park Commerco Centre PUD
Page 60flS
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1 Removal of exotic vegetation is permitted upon receipt of a vegetation removal
permit pursuant to the IDC, as amended.
2. Site filling exceeding 25 acres to properly utilize fill generated on site, but
which does not require the removal of more than 25 acres of protected
vegetation, may be approved by the Community Development and
Environmental Services Administrator subject to submission of the following:
a. A site clearing plan shall be submitted for review and approval that shows
the acres to be cleared. A minimum of 15% of the natural vegetation shall
be retained unless otherwise permitted.
b. The applicant shall submit a detailed description of the :fill and site work
activities including a plan indicating fill placement locations and depths,
grading plan and water management improvements.
c. The applicant shall submit a detailed revegetation plan including a cost
estimate. The cost estimate shall include the cost of grading, revegetation
and yearly maintenance cost and a time specific schedule on completion of
the revegetation work.
d. The permittee shall post a surety bond or an irrevocable standby letter of
credit in an amount of 110010 of certified cost estimate as previously
detailed including the maintenance cost for 3 years. The amount of the
security may be reduced upon completion of the approved revegetation
plan and upon occupation of the site. A separate security will not be
required if such costs are included in subdivision security.
2.14 ARCHITECTURE AND SITE DESIGN
All buildings, signage, lighting, landscaping and visible architecture infrastn.1cture shall
have a similar architectural theme and be aesthetically unified. Said unified architectural
theme shall include: a similar architectural design and use of similar materials and colors
throughout all of the buildings, signs, and walls to be erected on the site. Landscaping
and streetscape materials shall also be similar in design throughout the site. A conceptual
design master plan shall be submitted concurrent with the first application for Site
Development Plan approval demonstrating compliance with these standards. All
commercial buildings shall comply with the IDC Architectural and Site Design
Standards and Guidelines in effect at the time building permits are issued.
Hammock Park Comm.ercc Centre PUD
Page 7 of18
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SECIlON m
COMMUNITY COMMERCIAL DISTRICT
3.1 PURPOSE
The pmpose of this section is to identify permitted uses and development standards for areas
within the Hammock Park Commerce Centre CPUD designated on Exhibit "A", PUD Master
Plan as "commercial".
3.2 GENERAL DESCRIPTION
A. There is one area designated as "Commercial" on the Master Plan. This
"Commercial" area is intended to accommodate different ranges ofretail and office
uses, essential services, and customary accessory uses.
B. The approximate acreage of the "Commercial" parcel is as follows:
Parcel:
Tract 1
Right-of-way outside of development area
Total
Acreage:
19.05:!:
1.18:1:
20.23:!:
Use:
Retail and Office
Right-of-way
Actual acreage of all development tracts will be provided at the time of Site
Development Plan or Preliminary Subdivision Plat approvals in accordance with the
LDC, as amended. Commercial tracts are designed to accommodate internal
roadways, open spaces, lakes, water management facilities, and other similar uses.
C. Within the Hammock Park Commerce Centre CPUD, up to a maximum of one
hundred sixty thousand (160,000) square feet of retail and office uses are allowed.
Land uses for the development may be permitted as generally outlined below.
Hammock Park Commerce Centre ~PUD DevelopmeDt Program
Propoted
Development
Property
Commerdal
1.000 SF I Acres
160 I 19.05
omee Totals
1.000 SF I Aeres 1.000 SF I Au.
0-50* I 0.0 160 I 19.05
*Up to fifty thousand square feet of office space may be converted
from the total one hundred sixty thousand square feet
3.3 PERMITTED USES AND STRUCTURES
No building or structure or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for other than the following:
A. Permitted Principal Uses and Structures
Hammock Park Commerce Centre PUD
Page 8 of 18
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1. Amusement and Recreation Services, Indoor only (Groups 7911-7941, 7991,
7993, 7997, 7999)
2. Apparel and Accessory Stores (Groups 5611, 5621, 5631, 5641, 5651, 5661,
5699)
3. Automotive Repair, Services and Parking (Groups 7514, 7542) All uses are
prohibited within 500 feet from the easterly right-of-way line of C.R 951.
4. Auto and Home Supply Stores (Group 5531)
5. Building Construction - general contractors.(groups 1521 -1542).
6. Building Materials. Hardware, Garden Supply (Groups 5231,5251,5261)
7. Business Services (Groups 7311, 7323, 7334, 7335, 7336, 7338, 7352, 7359,
7371-7379,7384, 7389)
8. CODUnUEdcations (Groups 4832, 4833)
9. Construction - special trade contractors (Groups 1711-1793, 1796, 1799)
10. Depository Institutions (Groups 6011-6099)
11. Eating and Drinking Places (Groups 5812, 5813 except cOntract feeding, food
service and industrial feeding)
12. Engineering, ACCOlUlting and Management (Groups 8711-8721, 8741, 8742,
8748)
13. Food Stores (Groups 5411, 5421, 5441.5451.5461,5499)
14. Funeral Service and Crematories (Group 7261)
15. Gasoline service stations (5541 subject to the provisions of the IDe)
16. General Merchandise Stores (Groups 5311, 5331, 5399)
17. Hardware Stores (5251)
18. Health Services (Groups 8011-8059)
19. Home Furniture. Furnishings, and Equipment Stores (Groups 5712. 5713. 5714,
5719,5722,5731.5734.5735,5736)
Hammock Park Commerce Centre PUD
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20. Hospitals (Group 8062)
21. Hotels and Motels (Group 7011)
22. Insurance Agents, Brokers and Service (Group 6411)
23. Membership Organizations (Groups 8641, 8661)
24. Miscellaneous Repair Services (Groups 7622, 7623, 7629, 7631, 7641) (Group
7699 with approval of Current Planning Manager who shall be guided by the
objective of allowing uses that are compatible with existing development.) All
uses are prohibited within 500 feet of the easterly right-of- way line of C.R.
951.
25. Miscellaneous Retail (Groups 5912, 5921, 5932, 5941-5949, 5984, 5992, 5993,
5999)
26. Motion Pictures (Groups 7832-7833)
27. Museum, Art Galleries (Group 8412)
28. Non-Depository Credit Institutions (Groups 6141, 6159, 6162, 6163)
29. Offices (All Groups)
30. Personal Services (Groups 7211-7212, 7215, 7219. 7221, 7231. 7241, 7251,
7291 )
31. Restaurants (All Groups)
32. Real Estate (Groups 6531, 6541. 6552)
33. Social Services (Group 8351)
34. United States Postal Service (Group 4311)
35. Veterinarian's Office (Group 0742, except no outside kenneling)
36. Any other use which is comparable in nature with the foregoing uses may be
permitted subject to the LDC, as amended.
3.4 ACCESSORY USES AND STRUCTURES
A. Uses and structures that are accessory and incidental to uses permitted.
Hammock Park Commerce Centre PUD
Page 10 of IS
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B. Any other accessory use which is comparable in nature with the foregoing uses and
which the Current Planning Manager determines to be compatible.
3.5 DEVELOPMENT STANDARDS
A. Minimmn lot area: Ten thousand (10,000) square feet.
B. Minimum lot width: One hundred (1 (0) feet.
C. Minimum yard requirements:
1. Front yard: Twenty-five (2S) feet.
2. Side yard: Zero for common or abutting walls, otherwise one-half the height of
the building, but not less than ten (10) feet.
3. Rear yard: Twenty (20) feet.
4. All principal structures shall have a minimum setback of2S' from the boundary
of any preserve. Accessory structures and all other site alterations shall have a
minimum 10' setback.
D. Distance between principal structures: The distance between any two principal
structures on the same parcel shall be fifteen (15) feet or a distance equal to one half
the sum of their heights, whichever is greater.
E. Minimum floor area of principal structure: seven hundred (700). square feet per
building on the ground floor.
F. Landscaping and Off-street Parking shall be in accordance with the Collier County
Land Development Code, as amended.
G. Maximum height: Fifty (50) feet.
H. General application for Setbacks: Front yard setbacks shall comply with the
following:
1. If the parcel is served by a public or private right-of-way, the setback is
measured from the adjacent right-of-way line.
2. If the parcel is served by a non-platted private drive, the setback is measured
from the back of curb or edge of pavement.
3. If the parcel is served by a platted private drive, the setback is measured from the
road easement or property line.
Hammock Parle Commerce Centre PUD
Page II of18
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I. All buildings. landscaping and visible infrastructures shall be architecturally and
aesthetically unified. Said unified architectural theme shall include a similar
architectural design and similar use of materials and colors on all of the buildings to
be erected on site.
Landscaping and streetscape materials shall also be similar in design throughout the
site. A conceptual landscape plan for the entire site sball be submitted concurrent
with the first application for Site Development Plan approval.
J. Outside storage or display of merchandise is prohibited unless it is ancillary to a
permitted use. and screened from view from adjacent public roadways. Outside
storage may be approved by the Current Planning Manager as part of the approval of
an SDP.
K. The FP&L easement may be used for ancillary uses such as parking, storage, service
drives, and water management, provided written authorization for those uses is
obtained from FP&L and submitted with the application for SDP.
Hammock Park Commerce Centre PUD
Page 12 of18
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SECTION IV
PRESERVE AREA
4.1 PURPOSE
The pwpose of this Section is to set forth the development plan for areas designated as
Preserve Area on Exhibit "A", CPUD Master Plan. The primary function and purpose of
this Tract is to preserve and protect vegetation and naturally functioning habitats, such as
wetlands, including upland buffers, in their natural, andlor enhanced state.
4.2 USES PERMITfED
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 the issuance of regional, state
and federal permits, when required:
A. Principal Uses:
1) Nature preserves.
B. Accessory Uses:
1) Water management structures.
2) Mitigation areas.
3) Hiking trails, boardwalks, shelters, or other such facilities constructed for
the purposes of passage through or enjoyment of the site's natural
attributes, subject to approval by the appropriate permitting agencies.
Hammock Park Commerce Centre PUn
Page 13 of18
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SECTION V
GENERAL DEVELOPMENT COMMITMENTS
5.1 PURPOSE
The purpose of this Section is to set forth the standards for development of the project.
5.2 GENERAL
All facilities shall be constructed in strict accordance with the Final Site Development
Plans, Final Subdivision Plats, and all applicable State and local laws, codes, and
regulations applicable to this PUD. Except where specifically noted or stated otherwise,
the standards and specifications of the LDC, as amended, shall apply to this project even
if the land within the PUD is not to be platted.
The developer, his successor and assigns, shall be responsible for the commitments
outlined in this document. The developer, his successor or assignee, shall follow the
Master Plan and the regulations of the PUD 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 of the developer is bound by the commitments within this
agreement.
5.3 PUD MASTER PLAN
A. Exhibit "A", PUD Master Plan illustrates the proposed development and is
conceptual in nature. Proposed area, lot or land use boundaries or special land use
boundaries shall not be constnled to be final and may be varied at any subsequent
approval phase such as Final Platting or Site Development Plan approval. Subject to
the provisions of the IDC amendments may be made from time to time.
B. All necessary easements, dedications or other instruments shall be granted to ensure
the continued operation and maintenance of all sewer utilities and all common areas
in the project.
5.4 WATER MANAGEMENT
A. Excavation permits will be required for the proposed lakes in accordance with, the
LDC, as amended. Excavated material from the property is intended to be used
within the project site.
B. Detailed paving, grading and site drainage plans shall be submitted to Engineering
Review Services for review. No construction permits shall be issued unless and
until approval of the proposed construction in accordance with the submitted plans is
granted by Engineering Review Services.
Hammock Park Commerce Centre PUD
Page 14of18
l{(; ,I
" .
,
C. In accordance with the Rules of the South Florida Water Management District
(SFWMD), Chapters 40E-4 and 40E-40, this project shall be designed for a storm
event of3-day duration and 2S-year frequency.
D. Design and construction of all improvements shall be subject to compliance with the
appropriate provisions ofLDC, as amended.
E. The proposed storm water management system for the project will outfall to the
existing drainage canal running along the site's western boundary line.
5.5 TRANSPORTATION
A. The developer shall provide a fair share payment toward the capital improvements at
the intersection of CR 9S 1 and Rattlesnake Hammock Road.
B. The developer shall provide any required arterial level street lighting at the project
entranc~ prior to the issuance of a Certificate of Occupancy.
C. The Project entry from CR 951 shall be located at the northwest comer of the
property and designed to provide shared access with the parcel to the north. All
necessary dedications and easements shall be provided with the first application for
Development Order.
D. Following zoning approval, interconnections as shown on the Master Plan shall be
designed and accommodated on the appropriate Development Order phase that may
occur or as directed by the Transportation Division.
E. Site-related improvements necessary for safe ingress and egress to this project, as
determined by Collier County, shall not be eligible for impact fee credits. All
required improvements shall be in place and available to the public prior to the
issuance of the first CO or within 60 days of when requested by Collier County.
F. All proposed median opening locations shall be in accordance with the Collier
County Access Management Policy (Resolution No. 01-247), as it may be amended,
and the LOC, as it may be amended. Collier County reserves the right to modify or
close any median opening existing at the time of approval of this CPUD 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.
G. 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. All external access points, including both driveways,
Hammock Park Commerce Centre PUD
Page 15 of 18
17G
-.r
proposed streets, pedestrian and vehicular interconnections 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 or property line. All such access
issues shall be approved or denied during the review of any applications for
development orders. The number of access points may be less than the number
depicted on the Master Plan; however, no additional external access points shall be
considered unless a PUD amendment or PUD insubstantial change is approved.
H. 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 or within 60 days of when requested by the County.
1. Payment in lieu of sidewalks and bike lanes for Collier Boulevard frontage shall be
required. The amount shall be determined utilizing the roOT 2004 Transportation
Costs, as amended. Payment shall be required within 60 days of written request of
Collier County, or prior to site development plan or plat approval, whichever is first.
J. At the request of Collier County, the developer shall install or make payment in lieu
of construction, at the discretion of the County, for a Collier Area Transit (CAT) bus
stop with shelter. The exact location will be determined during site development
plan review.
K. The developer shall donate right-of-way along the project's south property line for
the future extension of Rattlesnake Hammock Road. The required right-of-way
shall be determined by Collier County. The dedications shall be provided within 60
days of a written request from Collier County or prior to approval of the final site
development plan, whichever occurs first. The developer shall convey a marketable
title free of any liens. encumbrances. exceptions, or qualifications. Marketable title
shall be determined according to applicable title standards adopted by the Florida
Bar and in accordance with law.
L. The Developer shall pay fair share toward the costs of all the necessary bridge
improvements required as a part of improvements . East of CR-951. over the
Henderson Creek Canal onto Rattlesnake Hammock Road Extension.
5.6 UTll.ITIES
A. Water distribution, sewage collection and transmission facilities to serve the proj eet
are to be designed, constructed, conveyed, owned and maintained in accordance
with Collier Colmty Ordinance 04-S 1. as amended, and other applicable County
rules and regulations.
5.7 ENGINEERING
Hammock Park Commerce Centre PUD
Page 16 of18
-TTr; t ~'i
.;
A. Except as otherwise provided within this PUD document, this project shall be
required to meet all County Ordinances in effect at the time final construction
documents are submitted for development approval.
B. The subdivision of property into three (3) or more parcels, shall conform with
applicable laws pertaining to platting.
5.8 BUFFERS
The Hammock Park Commerce Centre PUD shall provide perimeter buffering consistent
with the following table:
Direction
North:
South:
East:
West:
Ad..cent Use
Vacant Agriculturally zoned land
Rattlesnake Hammock/Sports Park Rd.
Vacant Agriculturally Zoned Land
CR 951 and canal
Buffer Tvoe
"A"
"D"
"A"
tlD"
5.9 ENVIRONMENTAL
A. The Petitioner shall comply with the guidelines and recommendations of the U.S.
Fish & Wildlife Service (USFWS) and the Florida Fish and Wildlife Conservation
Commission (FFWCC) regarding potential impacts to protected wildlife species.
Where protected species are observed on site, a Habitat Management Plan for those
protected species shall be submitted to Environmental Services Department Staff for
review and approval prior to Final Site Plan/Construction Plan approval.
B. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for
the site, with emphasis on the conservation/preservation areas, shall be submitted to
Environmental Services Department Staff for review and approval prior to Final Site
Plan/Construction Plan approval.
C. The project shall comply with the environmental sections of the IDC and the
Growth Management Plan in effect at the time of final development order approval.
D, An Environmental Impact Statement (EIS) addressing existing conditions and
anticipated environmental impact(s) has been submitted as part of this PUD
document.
E. All Category I invasive exotic plants, as defined by the Florida Exotic Pest 2 Plant
COWlcil shall be removed from within the preserve areas and subsequent annual
removal of these plants, in perpetuity, shall be the responsibility of the property
owner.
Hammock Parle Commerce Centre PUn
Page 17 of18
17C
..
F. A Preserve Management Plan shall be provided to Environmental Staff for approval
prior to site/construction plan approval identifying methods to address treatment of
invasive exotic species, fire management, and maintenance.
Hammock Park Commerce Centre PUD
Page IS of IS
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17 C !l
January 2,2007
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, FL 34102
Re: Notice of Public Hearing to Consider Petition
PUDA-2006-AR-I0030, Hammock Park Commerce Centre PUD
Dear Legals:
Please advertise the above referenced petition on Sunday, January 28, 2007, and
kindly send the Affidavit of Publication, in duplicate, together with charges involved
to this office.
Thank you.
Sincerely,
Teresa Dillard,
Deputy Clerk
Enclosure
Charge to: 113-138312-649110
lrt_~ , 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 FROM "PUD"
PLANNED UNIT DEVELOPMENT TO "CPUD" COMMERCIAL PLANNED UNIT
DEVELOPMENT KNOWN AS HAMMOCK PARK COMMERCE CENTRE CPUD,
FORPROPERTY 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, CONSISTING OF 20.23
ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 00-79, AS
AMENDED, THE FORMER HAMMOCK PARK COMMERCE CENTRE PUD; AND BY
PROVIDING AN EFFECTIVE DATE.
petition PUDA-2006-AR-10030, Semb1er Family Partnership #42, LTD,
represented by Bob Mulhere, of RWA, Inc., requesting a PUD
Amendement 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 interscetion of CR 951 and Rattlesnake
Hammock Road in Section 14, Township 50 South, Range 26 East,
Collier County, Florida.
A copy of the proposed Ordinance is on file with the Clerk to the
Board and is 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 Manager 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
17 C
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)
17 C
Dwight E. Brock
Clerk of Courts
co.1!pty-.'~fC(l)\lier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTYQoURT~OUSE
3301 TAMIAMI Tl;iAIL EAiST
P.O. BOX 41'~044 \,
NAPLES, FLORIDA~~41Ol-3044
.';1
j J~ I
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
January 2, 2007
Bruce Anderson, Esq.
850 Park Shore Drive
Trianon Center, 3rd Floor
Naples, FL 34103
Re: Notice of intent to consider:
PUDA-2006-AR-10030, Hammock Park Commerce Centre 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
c{1~~k
Teresa Dillard,
Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.clerk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerk@clerk.collier.fl.us
17C
Dwight E. Brock
Clerk of Courts
'C()l.ip.ty--.~fG~llier
CLERK OF THE CIRCUIT COURT
" \
COLLIER COUNTY CpURTiJpUSE
3301 TAMIAMI T~IL EAiST
P.O. BOX 41'~044\
NAPLES, FLORIDA'M101-3044
-I
I';' I
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
. I
.2_/1
January 2, 2007
RWA, Inc.
Bob Mulhere
6610 Willow Park Drive
Suite 20
Naples, FL 34109
Re: Notice of intent to consider:
PUDA-2006-AR-I0030, Hammock Park Commerce Centre 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
c{jLUA,cf;dUtud l~
Teresa Dillard,
Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.clerk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerk@clerk.collier.fl.us
;Coij,Jity-of.C~lJier
CLERK OF THE-GlRCU:IT COURT
COLLIER COUNTY S<?URTP.JPUSE
3301 TAMIAMI T~IL EA~T
P.O. BOX 4~~044 \.
NAPLES, FLORIDA~~1l0l-3d44
"',I
Vi' I
17C
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Dwight E. Brock
Clerk of Courts
January 2, 2007
Sempler Family Partnership #42, L TD
c/o Joseph A. Filippelli
5858 Central Ave.
St. Petersburg, FL 33707
Re: Notice of intent to consider:
PUDA-2006-AR-I0030, Hammock Park Commerce Centre 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
f~(
Teresa Dillard,
Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.clerk.collier.t1.us
Fax - (239) 775-2755
Email: collierclerk@clerk.collier.t1.us
17C
Teresa L. Dillard
To:
Subject:
legals@naplesnews.com
PUDA-2006-AR-10030
Attachments:
PUDA-2006-AR-10030.doc; PUDA-2006-AR-10030.dot
Legals,
Please advertise the following on Sunday, January 28,2007. Any questions, please contact me.
Thank you
PUDA-2DD6-AR-1DD PUDA-2DD6-AR-1DD
3D.doc (27 KB)... 3D.dot (3D KB)...
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239.774.8411
(T eresa.Dillard@clerk.collier.fI.us)
1
17C
Teresa L. Dillard
From:
Sent:
To:
Subject:
ClerkPostmaster
Tuesday, January 02, 2007 12:44 PM
Teresa L. Dillard
Delivery Status Notification (Relay)
Attachments:
A TT2555 703. txt; P U DA-2006-AR-1 0030
r!:1
l::J
ATT2555703.txt PUDA-2006-AR-100
(231 B) 30
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
17C
Teresa L. Dillard
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Tuesday, January 02, 2007 12:44 PM
Teresa L. Dillard
Delivered: PUDA-2006-AR-10030
Attachments:
PUDA-2006-AR-10030
PUDA-2006-AR-100
30
<<PUDA-2006-AR-10030>> Your message
To: legals@naplesnews.com
Subject: PUDA-2006-AR-10030
Sent: Tue, 2 Jan 2007 12:43:38 -0500
was delivered to the following recipient(s):
legals, NDN on Tue, 2 Jan 2007 12:43:47 -0500
1
01/12/2087 09:15
23S54359E,g
COLL_IER CT'! ZONING
PA~. "!). .if'
JL t u
Department of Zoning & Ll\lld Development Ri!:view
2800 North Horseshoe Drive
Naples, Florida 34104
(239)403-2400
Fax: (239)643-6968 or (239)213-29]6
Fax
TO:Th ,,,1) J ~~
~t- .15 (! 1!.-...
Fax; '11~ <aLlog
From:
~W1~
I / ~7-1 07
Date:
Phone:
Pages:
Rc:
IS I I cc:
c-C _I). /3 ~J____ _______.____
NLI0039/ C r.~ .
~~(f~ .~~
~ Urgent 0 For Review
o Please Comment J Please Reply 0 Plnse Recyde
Co.......nu: ~ ~ ~ ~ 15 ~
~.. ~ ~ f~f.'Sio", ~~
-,~~~~~~.!
Jl/12/2J07 ~9:15
2335'.'353i:)9
COLLI ER (:~v ZmlItlG
PAGE a:137 C
ORDINANCE NO. 07-__
AN ORDINANCE OF THE BOARD OF COUNTY
COMNflSSIO::-''ZRS OF COLLIER COUNTY. FLORIDA,
AMENDIN'G ORDINANCE NL"MBER 04.41. AS
Al\ffi'\"'DED, THE COLLIER COU~TY LAND
D'EVELOPMENT CODE, WInCH INCLUJES THE
COW'REHE'NSIVE ZONING REGULA TrONS FOR
THE UNINCORPORATED AREA OF COll...lF:.R
COUi\TY, FLORIDA, BY AMENDING THE
APPROPRJATE ZONING ATLAS MAP OR MAPS BY
CHANGl.'lG THE ZO't\1J.\rG CLASSIFICATION OF THE
HERElN DESCRIBED REAL PROPERTY FROM
PLANNED lJNIT DEVELOPMR"IT "PL'U" TO
COMMERCLU. PLA-~""ED L'NIT DEVELOP~'\'T
"CpeD" FOR A PROJECT KNOWN AS HAMMOCK
PARK COMMERCE CENTRE POO. FOR PROPERTY
LOCA TED ON THE NORTHEAST CORNER OF THE
INTERSEC'TIO~ OF CR 951 A='<'D RATTLESNAKE
HA.\1MOCK ROAD, IN SECTION 14. TOWNSHIP 50
SOUTH. RANGE 26 BAST, COlLIER COll.'TY.
FLORIDA, CONSISTING OF 20.23 ACRES;
PROVm~G FOR THE PARTIAL REPEAL OF
ORDI1'<A.."'fCE !.\l.TlvfBER 00-79, AS AMENDED, THE
FOR\1.ER HAlvTh-lOCK PARK COMMERCE CENTRE
P1JD; A',TD BY PROVIDING AN EFFECTI\'E DATE.
WHEREAS. Robert Mulnere of RWA. Inc. and R. Bruce Anderson. Esq., of
Roetze) & Andress representing the Sempler Family Pac1nership NUI:lbcr 42, LTD, clo
Joseph A Fi:ippelli,petilioned the Board of O;:'unty Commissioners to change the zoning
classification of the. herein described real propeny.
NOW, 'I1IEREFORE. BE IT ORDAINED BY THE BOARD OF COU~TY
COM1vl1SSIONERS OF COLLIER COUNTY. FLORIDA, that:
~1l0N ONIl,
The zoning c1ass;:ication of the herein described rea] ,roperty located in Section
1.4. Township 50 Sourh, Range 26 East. Col~ier County. Florida,l~ char.ged from Planned
Unit Development "PUO" to Commercial P[ann~ Cnit Development "CPUD" in
acconiance with the CPlJ'D DocJroent. attached hereto as Exhibit "A". ','hidl is
incorporated herein and by reference made part hereof. The appropriate zoning lIt1as map
or IT_:E.pS. a, descnbed in Ordinance Numb.:.r 04-41, as amended, the C<11lier County Land.
Development Code, is/are hereby amended accoriling]y.
SECTION TW.Q:
Ordinance N:nr.ber 00..79, as amended., known as the H.:ullmock Park Cor.1m.erce
Centre POO. adopted on NOl'ember 28, 2000, by the Board of County Commissioners of
comer County. is hereby repealed only to the extent that the Ol'dina..,lceis in.;onsisteont
vi,rith the additions and deletions set forth in the Hammock: Park Commerce CeJlrre CPl'D
Words are deleted: words underlined aTe. ad.dt"ld.
Page 1 of 2
01!12;200~ 89:1~
23'354 J5]Se
GOLLIER GT'; ZmWJG
PA'3E DJ37 C
Document altachcc hereto, 8S Exhibit "A", All other pro,,; sions of Ordinance 00-79 shall
remain ill fu 11 for:e and e'ffect.
~c:nOI'LI~.
This Ordinance ~halI become effective ;;pon fling with the Depanment of StMe.
PASSED A~ro Dl.'LY ADOPTED by sUpI."1'-majo:ity yote by the Board of
County Cornmissi01~ers of Collier County, Florida, this _.. day of ________,
2007.
ATTEST:
D'w\lGHT E. BROCT<. CLERK
BOARD OF COl'NTY C01\1MISSIONERS
COLLIER COUNTy, FLORIDA
Deputy Clerk
BY:
JIM COLETIA CHAIRMAN
Approved as to fonn and
legal sufficiency
..J\~a:jOrie M. Student-Stlrling ---
f \ ' Assistant County Attorney
rl.JD^.200r,.~1l, 1 O(l'lOMZh<~
Words are deleted; words ~m:!i are a.dded.
Page 2 of 2
Martha S. Vergara
From: Perrell, Pam [paperrell@naplesnews.com]
Sent: Friday, January 12, 2007 11: 18 AM
To: Martha S. Vergara
Subject: RE: PUDA-2006-AR-10030 Hammock Park Commerce Centre PUD
OK
From: Martha S. Vergara (mailto:Martha.Vergara@c1erk.collierJI.us]
Sent: Friday, January 12, 2007 10:19 AM
To: legals@naplesnews.com
Subject: PUDA-2006-AR-10030 Hammock Park Commerce Centre PUD
Pam,
Please kill the ad for PUDA-2006-AR-10030 Hammock Park Commerce Centre PUD.
It will be replaced.
Martha Vergara
Deputy Clerk - BMR
239-732-2646 ext. 7240
1/1212007
11~ 1 of!
17C
Januaryf2,2007
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, FL 34102
Re: Notice of Public Hearing to Consider Petition
PUDA-2006-AR-I0030, Hammock Park Commerce Centre PUD
Dear Legals:
Please advertise the above referenced petition 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
Enclosure
Charge to: 113-138312-64911 0
17C
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 PLANNED UNIT DEVELOPMENT "PUD" TO
COMMERCIAL PLANNED UNIT DEVELOPMENT "CPUD" FOR A PROJECT KNOWN AS
HAMMOCK PARK COMMERCE CENTRE PUD, FOR PROPERTY 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, CONSISTING OF 20.23 ACRES; PROVIDING FOR
THE PARTIAL REPEAL OF ORDINANCE NUMBER 00-79, AS AMENDED, THE
FORMER HAMMOCK PARK COMMERCE CENTRE PUD; AND BY PROVIDING AN
EFFECTIVE DATE.
Petition PUDA-2006-AR-10030, Sembler Family Partnership #42, LTD,
represented by Bob Mulhere, of RWA, Inc., requesting a PUD
Amendement 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 interscetion of CR 951 and Rattlesnake
Hammock Road in Section 14, Township 50 South, Range 26 East,
Collier County, Florida.
A copy of the proposed Ordinance is on file with the Clerk to the
Board and is 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 Manager 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.
17C
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)
Dwight E. Brock
Clerk of Courts
CUl!pty-ofC"llier
CLERK OF THB-CIRCtHT COURT
. \
COLLIER COUNTY CpURTjJpUSE
3301 TAMIAMI TJM.IL EAlST
P.O. BOX 41;~044 \\
NAPLES, FLORIDA~~5101-3044
~I .
if I
17C
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
January 12, 2007
. I
:j--;/
RW A, Inc.,
Bob Mulhere
6610 Willow Park Drive, Suite 20
Naples, FL 34109
Re: Notice of intent to consider:
PUDA-2006-AR-I0030, Hammock Park Commerce Centre 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
7h~
Martha Vergara,
Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.clerk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerk@clerk.collier.fl.us
17C
'c.ai!pty-_~fC(fjlJi er
CLERK OF THEGIRCUIT COURT
COLLIER COUNTY QoURTiIlOUSE f
Dwight E. Brock 3301 TAMIAMI niAIL EA~T Clerk 0 Courts
Clerk of Courts P.O. BOX 4i:~044\, Accountant
NAPLES, FLORIDA~~jlOl-3d44 Auditor
'Ii,> I Custodian of County Funds
January 12, 2007
Bruce Anderson, Esq.,
850 Park Shore Drive
Trianon Center, 3rd Floor
Naples, FL 34103
Re: Notice of intent to consider:
PUDA-2006-AR-I0030, Hammock Park Commerce Centre 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
Website: www.c1erk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerk@c1erk.collier.fl.us
17C
Martha 5. Vergara
From:
Sent:
To:
Subject:
ClerkPostmaster
Friday, January 12, 2007 10:34 AM
Martha S. Vergara
Delivery Status Notification (Relay)
Attachments:
ATT04832.txt; Replacement ad for PUDA-2006-AR-1 0030
~1
~
ATT04832.txt (231 Replacement ad for
B) PUDA-2006-A...
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
17C
Martha 5. Vergara
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Friday, January 12, 2007 10:34 AM
Martha S. Vergara
Delivered: Replacement ad for PUDA-2006-AR-10030
Attachments:
Replacement ad for PUDA-2006-AR-10030
Replacement ad for
PUDA-2006-A.. .
<<Replacement ad for PUDA-2006-AR-10030>> Your message
To: legals@naplesnews.com
Subject: Replacement ad for PUDA-2006-AR-10030
Sent: Fri, 12 Jan 2007 10:33:44 -0500
was delivered to the following recipient(s):
legals, NDN on Fri, 12 Jan 2007 10:34:09 -0500
1
].g7t1
Martha S. Vergara
From: Perrell, Pam [paperrell@naplesnews.com]
Sent: Friday, January 12, 2007 11: 18 AM
To: Martha S. Vergara
Subject: RE: Replacement ad for PUDA-2006-AR-10030
OK
From: Martha S. Vergara [mailto:Martha.Vergara@c1erk.collierJI.us]
Sent: Friday, January 12, 2007 10:34 AM
To: legals@naplesnews.com
Subject: Replacement ad for PUDA-2006-AR-10030
Pam,
Here is the replacement for the ad killed earlier.
Martha Vergara
Deputy Clerk - BMR
239-732-2646 ext. 7240
1/12/2007
Hammock Park PDA Continuance to Feb 27th
Page 1 of2
17r
Patricia L. Morgan
From: brock_m [MaryBrock@colliergov.net]
Sent: Thursday, February 08,200710:11 AM
To: Patricia L. Morgan
Subject: *FW: Hammock Park PDA Continuance to Feb 27th
Importance: High
Attachments: R Bruce Anderson.vcf
Trish-See the e-
mail exchanges below. The item was never meant for 2/13....but for 2/27....per Melissa Zone.
thanks, MJ
From: johnson_c
Sent: Tuesday, February 06, 2007 11 :03 AM
To: brock_m
Cc: ZoneMelissa
Subject: FW: Hammock Park PDA Continuance to Feb 27th
Importance: High
Hi Mary-Jo,
I should have forwarded you a copy of this e-mail when I received it. I apologize and thank you for checking.
From: bellows_r
Sent: Wednesday, January 24, 2007 3:30 PM
To: martin_c
Cc: johnson_c
Subject: FW: Hammock Park PDA Continuance to Feb 27th
Importance: High
FYI
From: Anderson, Bruce [mailto:BAnderson@ralaw.com]
Sent: Wednesday, January 24, 2007 12:55 PM
To: ZoneMelissa
Cc: murray-s; SchmitUoseph; bellows_r; Joe Filippelli; Mike Troxell; Bob Mulhere; Reed Jarvi; CasalanguidaNick
Subject: Hammock Park PDA Continuance to Feb 27th
Importance: High
Pursuant to Nick Casalanguida's recommendation, my client wishes to continue their PUD Amendment and DCA
until Feb 27. Please note on agenda that it's continued to said date. Thank you.
Both R. Bruce Anderson and Roetzel & Andress intend that this message be used exclusively by the
addressee(s). This message may contain information that is privileged, confidential and exempt from
disclosure under applicable law. Unauthorized disclosure or use of this information is strictly
prohibited. If you have received this communication in error, please permanently dispose of the original
message and notify R. Bruce Anderson immediately at 239-649-2708. Thank you.
2/812007
Hammock Park PDA Continuance to Feb 27th
1?tof2
<<R Bruee Anderson.vef>>
Any federal tax advice contained herein or in any attachment
hereto is not intended to be used, and cannot be used, to (1)
avoid penalties imposed under the Internal Revenue Code or
(2) support the promotion or marketing of any transaction or
matter. This legend has been affixed to comply with U.S.
Treasury Regulations governing tax practice.
2/8/2007
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 I time in the issue
on January 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
County, Florida; distributed in Collier and Lee counties of Florida,
each day and has been entered as second class mail matter at the post
otliee in "!aples, in said Collier County, Florida, for a period of 1
year nex't preceding the tlrst publication of the attached copy of
advertisement; and atftant 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
, /. --1
( Signature of affiant)
Sworn to and subscribed before me
This 28th of January, 2007
~~ O-N\~~
(Signature of notary public)
.,.-j,~'ii-.~:f~,~.... Chanel A. McDonald
~~(A';):~ MY COMMISSION # DD210203 EXPIRES
<.?;~"o< June 29, 2007
""~'?(,l~~~""" BONDFD THRU TROY FAI"J INSURANCE 1M
FEI 59-2578327
so
no
ANCE
Noth;e Is heretlygiven 'I
that on Tuesday, Febru.
ary 13, 20Q7, In the I
Boar4roomL 3rd Floor.
AdmInistratIOn BUilding"
Collier COl,lnty Govern.
ment Center, 3301 East
Taml am I Tr.II,. Naples,
Florida, the Board of
- County CommissIoners
wlll consl.der the enact.
ment of II c~u ~.......o rfj,. ..
nance. The . WIll
commence at t .A.M.
The title of Uwpro.
pQsed Ordlna~e Is as
follows: ,
A
Petition PUDA.2006-AR-
19030, Sembler Family
Partnership #42. L TO,
r.~'"", '.fn'.'~
Mulhere,.. Of. __4. tm:.,
requestlnll'. PLI'O
Amendement tel reflect
the current \.DC: MIltIons
which wU.recodltle!d In
2004 In the Hammock
Park Commer'c:e. Centre
PlJ.Q Document. The
5\JlH4Ic:t I, 20.23
~- _eel qn
tne N .. . rof
tile lntenlce . fI Qf Clil
911 IlndRattlnnake
HammQck ftQad In Sec-
tIon iLil, Township so
South, aange26 EaSt,
Collier County, Florida.
17",: P
. j. ~b)
Ri..P>' of the proPosed
. Is on ftle WIth
t",C .erk.to. the Board
anills aval'ele for In.
e"' A/lJntr:':d
. an~t~,to at.
1'40T~: All persons
=-.to~on~
ter wlt~he Coun.ty
Manager prior to pre.
Sll\tl.tlon 01 tneagenda
Item to be addressed.
IncftvldullJ ~Uk.rs wtll
be. 11m Itecl to !l minutes
on any' item. The selec.
tion of an Individual to
speak on behalf of an
organization or group Is
ellc::owragelt; -11'-re -
nl.-d by the Chairman;
a ,pokesperson fQr a
group 'or ,organization
may. De llI!otted 10 min.
Llt.S to speak on an
Item.
perlo'ns wishing to
have wrlttel1 orCll1illhic
materialS Inclui:ed .In
",.Ioard Il;endapuk-
et, must submit said
..,Ia' a minimum of3
wetks prIor to the reo
sPlctlve public helU'ing.
In JOy case, written ma-
terials Intended ,to be
considered Iw the Board
sll.' , beslltlmittedto
the approprlate county
staff a minimum of sev.
e~"ld..Y'.'. ~prlor ,to t.he
p...,11c::......'ng.AII "..
terllll uted.ln pment4.
tlqfl'!lJtore th.e IOt."rd
will. ~ecomea perm...
nent l*t of the reCord.
Any person who decld.
e, to. ....B pea.,! a deciSion.,
of the.. "wl/lnud a
record 0.. .,fOClI.d-
IlIp "till nlnlJ ,thereto
and therefore. may
n"d to ensure that a
verbatlm record of the
proceedings Is made,
whlllCh .record Inc!uJ:les I
t e testimony andevl.
elence . upon. Wh..i c h th.~
appeal Is based.
BOARD OF COUNTY
~"IF?~'"'--
C.RLLIE '., UNTY,
FLOI lOA' .
JA~ES COl:mA.., CH. AIR-j:
MAN . '
g~~HT E. BROCK.I
By: Martha Vergara,
Deputy Clerk ~
(SEAL)
JIln. 211. ""_ N.JS~085
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 arc to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
l?r
J
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) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the 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 Melissa Zone Phone Number 239-213-2958
Contact
Agenda Date Item was 2/27/2007 Agenda Item Number 17-C
Approved by the BCC
Type of Document Ordinance & CPUD document Number of Original
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a Iicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 2/27/2007. and all changes made during
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es, if a licable.
~l-
Yes
(Initial)
N/A (Not
A licable)
2.
3.
4.
5.
6.
i../
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
ORDINANCE NO. 07- 30
l?n
t~
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
COMMERCIAL PLANNED UNIT DEVELOPMENT
"CPUD" FOR A PROJECT KNOWN AS HAMMOCK
PARK COMMERCE CENTRE PUD, FOR PROPERTY
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, CONSISTING OF 20.23 ACRES;
PROVIDING FOR THE ENTIRE REPEAL OF
ORDINANCE NUMBER 00-79, AS AMENDED, THE
FORMER HAMMOCK PARK COMMERCE CENTRE
PUD; AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Robert Mulhere of RW A, Inc. and R. Bruce Anderson, Esq., of
Roetzel & Andress representing the Sempler Family Partnership Number 42, L TD, c/o
Joseph A Filippelli, 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
14, Township 50 South, Range 26 East, Collier County, Florida, is changed from Planned
Unit Development "PUD" to Commercial Planned Unit Development "CPUD" in
accordance with the CPUD Document, attached hereto as Exhibit "A", which is
incorporated herein and by reference made part hereof. The appropriate zoning atlas map
or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land
Development Code, is/are hereby amended accordingly.
SECTION TWO:
Ordinance Number 00-79, as amended, known as the Hammock Park Commerce
Centre PUD, adopted on November 28, 2000, by the Board of County Commissioners of
Collier County, is hereby entirely repealed.
Page 1 of2
17('
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote by the Board of
County Commissioners of Collier County, Florida, this :l2 day of Feiv2 u-/)., I'LY ,
2007.
ATTMT: .'
I>WiGttf~.:'BROCK, CLERK
..,~~;,:" - >'-.., .
"".
'.; :
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:~~
JAM S COLETTA, CHAIRMAN
Attfttj;'f1i: to;'o..1
s i9(litwrt 011..
.... ;~ ./
Approved as to form and
legal sufficiency
'~~",nt.~ ~
Ma~oriQ 'M. Student-S irling
Assistant County Attorney
PUDA-2006-AR-I0030/MZlsp
Page 2 of2
17C
PLANNED UNIT DEVELOPMENT DOCUMENT
FOR
Hammock Park Commerce Centre
CPUD
A COMMERCIAL PLANNED UNIT DEVELOPMENT
Prepared by:
D'X'A[NC
CONSULTING
.JL. '" , .L ......
. Planning . Visualization
. Civil Engineering' Surveying & Mapping
6610 WILLOW PARK DRIVE, SUITE 200
NAPLES, FLORIDA 34109
And
ROETZEL AND ANDRESS
850 PARK SHORE DRIVE
TRIANON CENTRE-THIRD FLOOR
NAPLES, FLORIDA 34103
Date Approved by Bee: November 28, 2000
Ordinance Number: 2000-79
Date Amendment Approved by Bee: 2/2 7 / 2 0 (
Amendment Ordinance Number: 2007-30
Exhibit A
C:\Documents and Sellings\sandraherreralLocal SellingslTemporary Internet Files\OLKl C9\Hammock Park CPUD 03-06-07 (clean).doc
17C
TABLE OF CONTENTS
PAGE
STATEMENT OF COMPLIANCE
SECTION I Property Ownership & Description
SECTION II Project Development 2
SECTION III Community Commercial District 4
SECTION IV Preserve Area 11
SECTION V General Development Commitments 12
LIST OF EXHIBITS
EXHIBIT "A"
PUD Master Plan
C:lDocuments and SellingslsandraherreralLocal SellingslTemporary Internet FileslOLKIC9\Hammock Park CPUD 03-06-07 (clean).doc
17r
STATEMENT OF COMPLIANCE
The development of approximately 20.23 +/- acres of property in Section 14, Township 50
South, Range 26 East, Collier County, as a Commercial Planned Unit Development to be known
as Hammock Park Commerce Centre CPUD will be in compliance with the planning goals and
objectives of Collier County as set forth in the Collier County Growth Management Plan (GMP).
The retail commercial and office facilities of the Hammock Park Commerce Centre CPUD will
be consistent with the growth policies, land development regulations, and applicable
comprehensive planning objectives for the following reasons:
1. The subject property is located within the northeast quadrant of the CR 951/Rattlesnake
Hammock Road Mixed Use Activity Center Land Use Designation as identified on the
Future Land Use Map. The permitted uses are described in the Activity Center Sub-district
of the Urban - Commercial District in the Future Land Use Element (FLUE). This category
described in the FLUE permits a full mix of residential and non-residential land uses in this
area. This strategic location allows the site superior access for the location of retail
commercial and office land uses.
2. The subject property's location in relation to existing or proposed community facilities and
services permits the development's intensity of land use as required in Objective 2 of the
FLUE.
3. The project development is compatible with and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the FLUE.
4. The project shall be in compliance with all applicable County regulations including the
GMP.
5. All final development orders for this project are subject to the Adequate Public Facilities
requirements of the Collier County Land Development Code (LDC), as amended, as set
forth in Policy 3.1 of the FLUE.
6. The project has access from both CR 951 and Rattlesnake Hammock Road. Further, the
access points will be consistent with the adopted Access Management Plan for Mixed Use
Activity Center #7, which encourages shared access points along CR 951, and is further
described in Policy 4.4 of the FLUE.
7. Where possible, Hammock Park Commerce Centre will 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.
8. The project will be served by a complete range of services and utilities as approved by the
County.
9. No residential uses are being requested for this CPUD.
Hammock Park eommerce eentre epUD
Page 1 of 16
170
SECTION 1
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
name of Hammock Park Commerce Centre CPUD.
1.2 LEGAL DESCRIPTION
A parcel of land located in the southwest 1/4 of Section 14, Township 50 South, Range
26 East, Collier County, Florida, being more particularly described as follows:
O.R. 1573, Page 355
The North one-half (Nl/2) of the South one-half (S1/2) of the Southwest one-quarter
(SW1/4) of the Southwest one-quarter (SW1/4) less the West 100 feet of roadway for
County Road 951; Section 14, Township 50 South, Range 26 East, Collier County,
Florida and the West 80 foot parcel of the South one-half (S I /2) of the Southeast one-
quarter (SE1/4) of the Southwest one-quarter (SW1/4); Section 14, Township 50 South,
Range 26 East, Collier County, Florida.
O.R.1708,Page1667
The South 1/2 of the South 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 14,
Township 50 South, Range 26 East, Collier County, Florida, less the west 100 feet
thereof for road right-of-way.
Containing 20.23 acres, more or less.
Subject to easements, reservations or restrictions of record.
1.3 PROPERTY OWNERSHIP
The subject property is currently owned by Sembler Family Partnership #42, Ltd.
Hammock Park eommerce eentre CPUD
Page 2 of 16
17C
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located at the northeast quadrant of the intersection of
Rattlesnake Hammock Road and CR 951 of unincorporated Collier County, Florida.
The subject property is located within a Mixed Use Activity Center as designated on
the Future Land Use Map (FLUM).
B. The property is currently vacant. The entire site has Hammock Park Commerce
Centre PUD Zoning.
1.5 PROJECT DESCRIPTION
The Hammock Park Commerce Centre CPUD will include a mixture of land uses for
retail commercial and office land uses. The Hammock Park Commerce Centre CPUD
intends to establish guidelines and standards to ensure a high and consistent level of
quality for proposed features and facilities. Uniform guidelines and standards will be
created for such features and facilities as landscaping, signage, lighting, roadway
treatments, fences and buffers.
The Concept Plan is illustrated graphically on Exhibit "A", CPUD Master Plan. A Land
Use Summary indicating approximate land use acreage is shown on the Master Plan.
1.6 SHORT TITLE
This Ordinance shall be known and cited as the "Hammock Park Commerce Centre
Commercial Planned Unit Development Ordinance"
Hammock Park eommerce eentre CPUD
Page 3 of 16
17 r.
I .
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SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
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.
2.2 GENERAL
A. Regulations for development of the Hammock Park Commerce Centre CPUD shall
be in accordance with the contents of this Document, CPUD - Commercial Planned
Unit Development District, applicable sections and parts of the LDC and GMP in
effect at the time of final local development order or building permit application.
Where these regulations fail to provide developmental standards, then the provisions
of the most similar district in the LDC shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the LDC in effect at the date of adoption of this PUD.
C. All conditions imposed and graphic material presented depicting restrictions for the
development of the Hammock Park Commerce Centre CPUD shall become part of
the regulations that govern the manner in which the CPUD site may be developed.
D. Unless specifically waived through any variance or waiver provisions from any
other applicable regulations, the provisions of those regulations not otherwise
provided for this CPUD remain in full force and effect.
2.3 PROJECT PLAN AND PROPOSED LAND USES
A. The project Master Plan is illustrated graphically by Exhibit "A", CPUD Master
Plan.
B. Minor modifications to Exhibit "A" may be permitted at the time of Site
Development Plan approval, subject to the provisions of the LDC, as amended, or as
otherwise permitted by this CPUD Document.
C. In addition to the various areas and specific items shown in Exhibit "A", easements
(such as utility, private and semi-public) shall be established and/or vacated within
or along the properly, as may be necessary.
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2.4 LAND USE
A. Exhibit "A", CPUD Master Plan, constitutes the required CPUD Development Plan.
Except as otherwise provided within this CPUD Document, any division of the
property and the development of the land shall be in compliance with the
subdivision regulations and the platting laws of the State of Florida.
B. Appropriate instruments will be provided at the time of infrastructure improvements
regarding any dedications and the methodology for providing perpetual maintenance
of common facilities.
2.5 NATIVE VEGETATION RETENTION REQUIREMENTS
Pursuant to the LDC, as amended, 15% of the native vegetation on site shall be retained.
The exact boundaries of the preserve may vary in order to accommodate final alignment
of Rattlesnake Hammock Extension but a minimum of 1.63 acres of native preserve shall
be provided for in accordance with the LDC.
2.6 SIGNS
Signs shall be in accordance with the LDC, as amended.
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SECTION III
COMMUNITY COMMERCIAL DISTRICT
3.1 PURPOSE
The purpose of this section is to identify permitted uses and development standards for areas
within the Hammock Park Commerce Centre CPUD designated on Exhibit "A", CPUD Master
Plan as C, "Commercial".
3.2 GENERAL DESCRIPTION
A. There is one area designated as C, "Commercial" on the Master Plan. This
"Commercial" area is intended to accommodate different ranges of retail and office
uses, essential services, and customary accessory uses.
B. The approximate acreage of the "Commercial" parcel is as follows:
Parcel:
Tract 1
Right-of-way outside of development area
Total
Acreage:
19.05:!:
1. IS:!:
20.23:!:
Use:
Retail and Office
Right-of-way
Actual acreage of all development tracts will be provided at the time of Site
Development Plan or Preliminary Subdivision Plat approvals in accordance with the
LDC, as amended. Commercial tracts are designed to accommodate internal
roadways, open spaces, lakes, water management facilities, and other similar uses.
C. Within the Hammock Park Commerce Centre CPUD, up to a maximum of one
hundred sixty thousand (160,000) square feet of retail and office uses are allowed.
Land uses for the development may be permitted as generally outlined below.
3.3 PERMITTED USES AND STRUCTURES
No building or structure or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for other than the following:
A. Permitted Principal Uses and Structures
1. Amusement and recreation services, Indoor only (Groups 7911-7941, 7991,
7993, 7997, 7999)
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2. Apparel and accessory stores (Groups 5611, 5621, 5631, 5641, 5651, 5661,
5699)
3. Automotive repair, services and parking (Groups 7514, 7542) All uses are
prohibited within 500 feet from the easterly right-of-way line of C.R. 951.
4. Auto and home supply stores (Group 5531)
5. Building construction - general contractors (groups 1521 -1542).
6. Building materials, hardware, garden supply (Groups 5231, 5251, 5261)
7. Business services (Groups 7311, 7323, 7334, 7335, 7336, 7338, 7352, 7359,
7371-7379, 7384, 7389)
8. Communications (Groups 4832, 4833)
9. Construction - special trade contractors (Groups 1711-1793, 1796, 1799)
10. Depository institutions (Groups 6011-6099)
11. Eating and drinking places (Groups 5812, 5813 except contract feeding, food
service and industrial feeding)
12. Engineering, accounting and management (Groups 8711-8721, 8741, 8742,
8748)
13. Food stores (Groups 5411, 5421, 5441, 5451, 5461, 5499)
14. Funeral service and crematories (Group 7261)
15. Gasoline service stations (5541 subject to the provisions of the LDC)
16. General merchandise stores (Groups 5311, 5331, 5399)
17. Hardware stores (5251)
18. Health services (Groups 8011-8059)
19. Home furniture, furnishings, and equipment stores (Groups 5712, 5713, 5714,
5719,5722,5731,5734,5735,5736)
20. Hospitals (Group 8062)
21. Hotels and motels (Group 7011)
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22. Insurance agents, brokers and service (Group 6411)
23. Membership organizations (Groups 8641, 8661)
24. Miscellaneous repair services (Groups 7622, 7623, 7629, 7631, 7641) (Group
7699 with approval of County Manager, or his designee, who shall be guided
by the objective of allowing uses that are compatible with existing
development.) All uses are prohibited within 500 feet of the easterly right-of-
way line of C.R. 951.
25. Miscellaneous retail (Groups 5912, 5921, 5932, 5941-5949, 5984, 5992, 5993,
5999)
26. Motion pictures (Groups 7832-7833)
27. Museum, art galleries (Group 8412)
28. Non-depository credit institutions (Groups 6141, 6159, 6162, 6163)
29. Offices (All Groups)
30. Personal services (Groups 7211-7212, 7215, 7219, 7221, 7231, 7241, 7251,
7291)
31. Restaurants (All Groups)
32. Real estate (Groups 6531,6541,6552)
33. Social services (Group 8351)
34. United States Postal Service (Group 4311)
35. Veterinarian's office (Group 0742, except no outside kenneling)
36. Any other use which is comparable in nature with the foregoing uses may be
permitted subject to the procedures set forth in the LDC, as amended.
3.4 ACCESSORY USES AND STRUCTURES
A. Uses and structures that are accessory and incidental to uses permitted.
B. Any other accessory use which is comparable in nature with the foregoing uses may
be permitted subject to the procedures set forth in the LDC, as amended.
3.5 DEVELOPMENT STANDARDS
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A. Minimum lot area: Ten thousand (10,000) square feet.
B. Minimum lot width: One hundred (100) feet.
C. Minimum yard requirements:
1. Front yard: Twenty-five (25) feet.
2. Side yard: Zero for common or abutting walls, otherwise one-half the height of
the building, but not less than ten (10) feet.
3. Rear yard: Twenty (20) feet.
D. Distance between principal structures: The distance between any two principal
structures on the same parcel shall be fifteen (15) feet or a distance equal to one half
the sum of their heights, whichever is greater.
E. Minimum floor area of principal structure: Seven hundred (700) square feet per
building on the ground floor.
F. Landscaping and off-street parking shall be III accordance with the LDC, as
amended.
G. Maximum height: Fifty (50) feet.
H. General application for setbacks: Front yard setbacks shall comply with the
following:
1. If the parcel is served by a public or private right-of-way, the setback IS
measured from the adjacent right-of-way line.
2. If the parcel is served by a non-platted private drive, the setback is measured
from the back of curb or edge of pavement.
3. If the parcel is served by a platted private drive, the setback is measured from the
road easement or property line.
1. All buildings, landscaping and visible infrastructures shall be architecturally and
aesthetically unified. Said unified architectural theme shall include a similar
architectural design and similar use of materials and colors on all of the buildings to
be erected on site.
Landscaping and streetscape materials shall also be similar in design throughout the
site. A conceptual landscape plan for the entire site shall be submitted concurrent
with the first application for site development plan approval.
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J. Outside storage or display of merchandise is prohibited unless it is ancillary to a
permitted use, and screened from view from adjacent public roadways. Outside
storage may be approved by the County Manager, or his designee, as part of the
approval of an SDP.
K. The FP&L easement may be used for ancillary uses such as parking, storage, service
drives, and water management, provided written authorization for those uses is
obtained from FP&L and submitted with the application for SDP.
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SECTION IV
PRESERVE AREA
4.1 PURPOSE
The purpose of this Section is to set forth the development plan for areas designated as
Preserve Area on Exhibit "A", CPUD Master Plan. The primary function and purpose of
this Tract is to preserve and protect vegetation and naturally functioning habitats, such as
wetlands, including upland buffers, in their natural, and/or enhanced state.
4.2 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 the issuance of regional, state
and federal permits, when required:
A. Permitted Principal Uses:
1) Nature preserves.
B. Accessory Uses:
1) Water management structures.
2) Mitigation areas.
3) Hiking trails, boardwalks, shelters, or other such facilities constructed for
the purposes of passage through or enjoyment of the site's natural
attributes, subject to approval by the appropriate permitting agencies.
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SECTION V
GENERAL DEVELOPMENT COMMITMENTS
5.1 PURPOSE
The purpose of this Section is to set forth the standards for development of the project.
5.2 GENERAL
All facilities shall be constructed in strict accordance with the Final Site Development
Plans, Final Subdivision Plats, and all applicable State and local laws, codes, and
regulations applicable to this CPUD. Except where specifically noted or stated
otherwise, the standards and specifications of the LDC, as amended, shall apply to this
project even if the land within the CPUD is not to be platted.
The developer, his successor and assigns, shall be responsible for the commitments
outlined in this Document. The developer, his successor and assigns, shall follow the
Master Plan and the regulations of the CPUD as adopted, and any other conditions or
modifications as may be agreed to in the rezoning of the property. In addition, any
successor or assigns of the developer are bound by the commitments within this
agreement.
5.3 pun MASTER PLAN
A. Exhibit "A", CPUD Master Plan illustrates the proposed development and is
conceptual in nature. Proposed area, 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 site development plan approval. 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 ensure
the continued operation and maintenance of all sewer utilities and all common areas
in the project.
5.4 WATER MANAGEMENT
A. Excavation permits shall be required for the proposed lakes in accordance with the
LDC, as amended. Excavated material from the property is intended to be used
within the project site.
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B. Detailed paving, grading and site drainage plans shall be submitted to Engineering
Review Services staff for review. No construction permits shall be issued unless
and until approval of the proposed construction in accordance with the submitted
plans is granted by Engineering Review Services.
C. In accordance with the Rules of the South Florida Water Management District
(SFWMD), Chapters 40E-4 and 40E-40, this project shall be designed for a storm
event of 3-day duration and 25-year frequency.
D. The proposed stormwater management system for the project will outfall to the
existing drainage canal running along the site's western boundary line.
5.5 TRANSPORTATION
A. The developer shall provide a fair share payment toward the capital improvements at
the intersection of CR 951 and Rattlesnake Hammock Road. This shall occur within
90 days of request for said payment by Collier County.
B. The developer shall provide any required arterial level street lighting at the project
entrances prior to the issuance of a certificate of occupancy (CO).
C. The project entry from CR 951 shall be located at the northwest corner of the
property and designed to provide shared access with the parcel to the north. All
necessary dedications and easements shall be provided with the application for first
development order.
D. Following zoning approval, interconnections as shown on the Master Plan shall be
designed and accommodated on the appropriate development order phase that may
occur, or as directed by the Transportation Division.
E. Site-related improvements necessary for safe ingress and egress to this project, as
determined by Collier County, shall not be eligible for impact fee credits. All
required improvements shall be in place and available to the public prior to the
issuance of the first CO or within 60 days of when requested by Collier County.
F. All proposed median opening locations shall be in accordance with the Collier
County Access Management Policy (Resolution No. 01-247), as it may be amended,
and the 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 CPUD 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.
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G. 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. All external access points, including both driveways,
proposed streets, pedestrian and vehicular interconnections 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 or property line. All such access
issues shall be approved or denied during the review of any applications for
development orders. The number of access points may be less than the number
depicted on the Master Plan; however, no additional external access points shall be
considered unless a PUD amendment or PUD insubstantial change is approved.
H. 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 or within 60 days of when requested by the County.
I. Payment in lieu of sidewalks and bike lanes for Collier Boulevard frontage shall be
required. The amount shall be determined utilizing the FDOT 2004 Transportation
Costs, as amended. Payment shall be required within 60 days of written request of
Collier County, or prior to site development plan or plat approval, whichever is first.
J. At the request of Collier County, the developer shall install or make payment in lieu
of construction, at the discretion of the County, for a Collier Area Transit (CAT) bus
stop with shelter. The exact location shall be determined during site development
plan review.
K. The developer shall convey right-of-way along the project's south property line for
the future extension of Rattlesnake Hammock Road. The required right-of-way
shall be determined by Collier County. The dedications shall be provided no later
than the earlier of (1) first issuance of the first certificate of occupancy with respect
to this Development, or (2) within 365 days of a written request from Collier
County. The developer shall convey a marketable title free of any liens,
encumbrances, exceptions, or qualifications, excluding those applicable to
subsurface mineral rights and/or natural gas deposits, existing FP&L and County
easements, and any other existing easements for utilities and drainage. The County
agrees to condemn the easements described in Items 7 and lion Exhibit A, CPUD
Master Plan, if necessary, to obtain termination of such easements. Marketable title
shall be determined according to applicable title standards adopted by the Florida
Bar and in accordance with Florida law.
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L. The developer shall construct, at its sole expense, the canal crossing suitable for
expansion and consistent with a four-lane design for the north half of the
Rattlesnake Hammock future extension approach to CR 951. The canal crossing
shall include all appropriate turn lanes.
M. Should the developer permit a driveway on the Rattlesnake Hammock Road
extension less than 600 feet from the intersection of Collier Boulevard, the County,
at its sole discretion, may reduce the access point to a "right in" only if the County
determines that the access point has an impact on health, safety, and welfare or
traffic circulation. This reduction, if required, shall be at the developer's expense
with no claim for damages to the County.
5.6 UTILITIES
A. Water distribution, sewage collection and transmission facilities to serve the project
are to be designed, constructed, conveyed, owned and maintained in accordance
with applicable Collier County Ordinance and other applicable County rules and
regulations.
5.7 ENGINEERING
A. Except as otherwise provided within this CPUD Document, this project shall be
required to meet all County ordinances in effect at the time final construction
documents are submitted for development approval.
B. The subdivision of property into three (3) or more parcels, shall conform with
applicable laws pertaining to platting.
5.8 BUFFERS
The Hammock Park Commerce Centre CPUD shall provide perimeter buffering
consistent with the following table:
Direction
North:
South:
East:
West:
Adjacent Use
Vacant Agriculturally zoned land
Rattlesnake Hammock/Sports Park Rd.
Vacant Agriculturally Zoned Land
CR 951 and canal
Buffer Type
"A"
'''D''
"A"
"D"
5.9 ENVIRONMENTAL
A. The developer shall comply with the guidelines and recommendations of the U.S.
Fish & Wildlife Service (USFWS) and the Florida Fish and Wildlife Conservation
Commission (FFWCC) regarding potential impacts to protected wildlife species.
Where protected species are observed on site, a Habitat Management Plan for those
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protected species shall be submitted to Environmental Services Department Staff for
review and approval prior to final site plan/construction plan approval.
B. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for
the site, with emphasis on the conservation/preservation areas, shall be submitted to
Environmental Services Department Staff for review and approval prior to final site
plan/construction plan approval.
C. The project shall comply with the environmental sections of the LDC and the
Growth Management Plan in effect at the time of final development order approval.
D. An Environmental Impact Statement (EIS) addressing existing conditions and
anticipated environmental impact(s) has been submitted as part of this CPUD
Document.
E. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant
Council shall be removed from within the preserve areas and subsequent annual
removal of these plants, in perpetuity, shall be the responsibility of the property
owner.
F. A Preserve Management Plan shall be provided to Environmental Services Staff for
approval prior to site/construction plan approval identifying methods to address
treatment of invasive exotic species, fire management, and maintenance.
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