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Agenda 04/24/2007 RCOLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA April 24, 2007 9:00 AM Jim Coletta, BCC Chairman, District 5; CRAB Vice - Chairman Tom Henning, BCC Vice- Chairman, District 3 Donna Fiala, BCC Commissioner, District 1; CRAB Chairman Frank Halas, BCC Commissioner, District 2 Fred W. Coyle, BCC Commissioner, District 4 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003.53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774 -8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. Page 1 of 11 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. March 27, 2007 - BCC /Regular Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1. Maura Kraus, Parks & Recreation Enviornmental Specialist 2. Robert Thurston, CDES 3. Cheryl Soter, CDES 4. Joseph Collins, Utilities Billing 5. Steven Ritter, Transportation Engineering 6. Ramiro Ponce, Transportation Maintenance Road & Bridge 7. Richard Noonan, Building Review & Permitting 8. Barbara Pitts, Library- Immokolee Branch C. 25 Year Attendees 1. Marilyn Matthes, Library Administration D. 30 Year Attendees 1. Gail Wilver, Parks & Recreation Administration 2. Pablo Salinas, Parks and Recreation - Immokolee Aquatic E. 35 Year Attendees 1. Cecilia Martin, CDES 4. PROCLAMATIONS A. Proclamation to recognize May 6, 2007 through May 12, 2007 as Drinking Water Week. Water is one of our most basic and vital needs and our health, safety, comfort, and standard of living depend upon an abundant supply of safe drinking water. To be accepted by Mr. Paul Mattausch, Director, Water Administration; Ms. Pamela Libby, Operations Manager, Water Administration; Mr. Stephen Lang, Environmental Specialist, Water Distribution; Mr. Steve Messner, North Water Plant Manager; Mr. Ty Stuller, Water Distribution Manager, Water Distribution; and Mr. Howard Brogdon, Laboratory Supervisor, Water Lab. Page 2 of 11 B. Proclamation to recognize Mr. Michael Malloy for his volunteer work as Master Gardener. Mr. Malloy has donated his time and efforts to the Master Gardener program, sharing over 30 years of pragmatic horticulture experience through the preparation and delivery of public presentations to increase awareness of the importance of retaining wildlife habitats. To be accepted by Mr. Michael Malloy. C. Proclamation to designate the month of April 2007, as Call Before You Dig Month. To be accepted by Mr. Lynn Daffron from Embarq and Mr. James French from the Community Development and Environmental Services Division. 5. PRESENTATIONS A. Recommendation to recognize Don Albonesi, Richard Badge, Glama Carter, Amia Curry, Renee Finsterwalder, Marlene Foord, Joe Frazier, Kim Grant, Mark Isackson, Peter Lund, Gary Mullee, Cliff Ong, Winona Stone, and Amanda Townsend as Collier Countys Outstanding Team for Spring 2007. B. Contractor's presentation regarding the C.R. 951 Water Main project by Akerman Constuction Company, Inc. C. Distinguished Budget Presentation Award for the current fiscal year (20th) from the Government Finance Officers Association (GFOA) presented to the Office of Management and Budget. To be accepted by Mike Smykowski, Director, Office of Management and Budget. D. Presentation by Dr. George Yilmaz, recognizing Jon Pratt, NWRF Manager, as the recipient of the Water Environment Federations William D. Hatfield Award. 6. PUBLIC PETITIONS A. Public petition request by Tom Killen to discuss Radio Square PUD and outstanding commitments. B. Public petition request by John Shepard to discuss the Coconut River Estates Civic Association Property at 2361 Clipper Way. C. Public petition request by Richard Viscusi to discuss tree removal along boundary of WalMart and Sunrise Condominium Complex. D. Public petition request by Gene Silguero to discuss vacation of easement to allow set back requirements. Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. Sheriff's Office and County Staff recommend that this item be continued to the May 8, 2007 BCC Meeting to finalize staff coordination. Board Consideration of Adoption of a Proposed Ordinance Prohibiting Certain Sexual Offenders and Sexual Predators from Establishing Temporary or Permanent Residences Within 2,500 Feet of Specified Locations such as Parks, Schools, Daycare Centers and Playground within the County and Prohibiting Property Owners from Renting and/or Leasing all or portions of Real Property to them Within the Proscribed Limits. Page 3 of 11 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Environmental Advisory Council. B. Appointment of members to the Bayshore /Gateway Triangle Local Redevelopment Advisory Board. C. Recommendation to declare a vacancy on the Affordable Housing Commission. 10. COUNTY MANAGER'S REPORT A. This item to be heard at 10:30 a.m. Recommendation to approve Contract Amendment No. 2, Exhibit E, for a Guaranteed Maximum Price (GMP) of $311,533,902 under Contract No. 04 -3609, Construction Manager at Risk Services for the Collier County Emergency Operations Center, with Kraft Construction Company, Inc. for the building construction portion of the Emergency Services Complex, project 52160. B. Recommendation to approve the intent of the Collier County Water -Sewer District to implement Water Restriction measures, per the South Water Management District (SFWMD) Water Shortage Plan. (Jim DeLony, Administrator, Public Utilities) C. Recommendation that the Board of County Commissioners provide the County Manager or his designee direction as to the manner for calculating allowable wetslips when a project shoreline is within a conservation easement.(Joseph K. Schmitt, Administrator, Community Development and Environmental Services) D. This item to be heard at 3:00 p.m. Recommendation to the Board of County Commissioners -- (Board) to consider options for the creation of a Fire Review Task Force to review issues and concerns related to fire review and inspections associated with the building plan review and permitting process; to review the building review and permitting procedures related to fire review and to review and make a recommendation to the Board regarding the amending of or repeal of Collier County Ordinance 2002 -49, as amended by Ordinance 2005 -32, the Collier County Fire Prevention and Protection Code pertaining to adopted standards and codes of the Florida Fire Prevention Code published by the National Fire Protection Association (NFPA), as amended by the State of Florida. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) E. Presentation of a proposed Collier County Pre - Purchase Inspection Service to be offered to prospective real estate buyers to ensure that the purchased structures are built in accordance with all zoning approvals. The information presented is intended to allow the Board of County Commissioners (BCC) to consider and provide direction on whether or not to make available this Pre - Purchase Inspection Service to prospective real estate buyers in Collier County.(Joseph K. Schmitt, Administrator, Community Development and Environmental Services) F. A report on solid waste collection options for white goods, tires, batteries and electronics in specific areas of the County. (Jim DeLony, Administrator, Public Utilities) G. This item to be heard on or about 11:00 a.m. Immokalee Master Plan and Visioning Committee and Local Redevelopment Advisory Board request to the Collier County Board of County Commissioners to cease enforcing certain zoning provisions in Immokalee for eighteen months or until the approval of the new master plan and land development codes, whichever comes first. (A companion item to 14B to be heard after 14B is discussed by the CRA) (Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) Page 4 of 11 H. Recommendation to terminate the Intergovernmental Agreement between the Board of County Commissioners and the Florida Department of Environmental Protection, South District Office for enhanced environmental resources permitting (Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) I. This item to be heard at 2:00 p.m. Report of the findings on Utility Issues related to Transportation Projects. J. Recommendation to determine the final agenda from the topics proposed by members of the Board of County Commissioners and the Naples City Council for a joint workshop scheduled for May 1, 2007. (Debbie Wight, Assistant to the County Manager) K. Recommendation that the Board of County Commissioners reject the $16.5 million counter- offer from Athina Kyritsis and Zannos Grekos, owners of the Gawn Fishin', LLC property located in Everglades City (Owners). 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. This item to be heard at 12:00 noon. Notice of Closed Attorney - Client Session B. This item to be heard at 1:00 p.m. Board of County Commissioners to Provide Direction to the Office of the County Attorney as to any Settlement Negotiations and Strategy Relating to Litigation Expenditures in William Litsinger v. Collier County, Florida and Fred Coyle, individually, Case No. 06- 432 -CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. C. Recommendation to approve a Pre- Litigation Mediated Settlement Agreement for the purchase of improved property (Parcel 140) in the amount of $1,283,988.00 which is required for the construction of Vanderbilt Beach Road Extension Project #60168. (Fiscal Impact: $1,298,488.00) D. 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 $1,565,000.00 for the Acquisition of Parcel 119 in the Lawsuit Styled Collier County v. David Lawrence Mental Health Center, Inc., et al., Case No. 06- 0567 -CA (Santa Barbara Boulevard Project No. 62081). (Fiscal Impact: $863,450) 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY A. This item to be heard on or about 11:00 a.m. Immokalee Redevelopment Advisory Board recommendation to the Collier County Community Redevelopment Agency (CRA) to consider approval of job descriptions and referral to the Board of County Commissioners the recommended fiscal year 2007 -2008 budget request related to the establishment of a new office in Immokalee to conduct CRA and Enterprise Zone Development Agency functions and duties. Page 5 of 11 B. This item to be heard on or about 11:00 a.m. Immokalee Master Plan and Visioning Committee and Local Redevelopment Advisory Board request to the Collier County Redevelopment Agency to approve and forward to the Board of County Commissioners a request to cease enforcing certain zoning provisions in Immokalee for eighteen months or until the approval of the new master plan and land development codes, whichever comes first. (A companion item to 10G to be heard before 10G is discussed) 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. Recommendation to adopt a resolution supporting a feasibility study for the proposed Heartland Parkway. 2. This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Via Veneto Lots 30 and 33 Replat. 3. This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Castlewood at Imperial. The roadway and drainage improvements will be privately maintained. 4. This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Silver Lakes Phase Two -G 5. Recommendation to approve the application for the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment by Airflyte Electronics. 6. Recommendation to reject Bid No. 06 -4050 for demolition of Commercial /Residential Structures. 7. Recommendation to accept the Special Magistrate's decision on the Mediation Proceedings for Case 06 -CEB- 00055: Jerry and Kimberlea Blocker v. BCC B. TRANSPORTATION SERVICES 1. Recommendation to approve a Resolution to terminate an Interlocal Agreement between the City of Naples and Collier County regarding maintenance assistance for the Traffic Signal System on Goodlette -Frank Road between U.S. 41 and Golden Gate Parkway and authorizing the County Manager or his designee to provide written notice of termination to the City. 2. Recommendation to approve the attached Agreement between Royal Wood Golf & Country Club and Collier County Board of County Commissioners as it connects LASIP to the Santa Barbara Boulevard Extension from Davis Boulevard to Rattlesnake Hammock Road, County Project No. 51101 3. Recommendation for the Board of County Commissioners to approve a budget amendment to recognize revenue received for the FY07 5309 Federal Transit Authority (FTA) grant for $238,000. Page 6 of 11 4. Recommendation to declare a single family residence on 2.674 acres in Golden Gate Estates as surplus property and to take the appropriate steps to sell the property (Fiscal impact $300.00.) 5. Recommendation to Award Bid #07 -4113 for Preparation and Delivery of Title Commitments and Real Estate Closing Services. Fiscal Impact: None. 6. Recommendation to approve a one year traffic reservation extension associated with the approval of the Traffic Impact Statement (TIS) submitted with the Verona Walk Phase 4C and 4D PPL AR #9241. 7. Recommendation to request the Board of County Commissioners to approve $4,500 from the Freedom Memorial Fund (620) to be allocated toward hiring a professional grant writing service for fundraising purposes. C. PUBLIC UTILITIES 1. Recommendation to approve, execute and record Satisfactions for certain Water and /or Sewer Impact Fee Payment Agreements. Fiscal impact is $245.00 to record the Satisfactions of Lien. 2. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. 3. Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. 4. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $70.00 to record the Satisfactions of Lien. 5. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $90.00 to record the Satisfactions of Lien. 6. Recommendation that the Board of County Commissioners Award Contract # 06 -4049 Public Utilities Division Asset Management Program Development and Implementation to Camp Dresser & McKee, Inc., for an amount for the first phase not to exceed $447,946.00 7. Recommendation to utilize short-term inter -fund loan from user fees as an interim funding source for the South County Regional Water Treatment Plant (SCRWTP) 12 MGD RO Expansion project 700971, and for the South County Regional Water Treatment Plant (SCRWTP) Well field Expansion- Easement project 708921, Water Impact Fee capital projects. D. PUBLIC SERVICES 1. Recommendation to affirm the approval of a United State Fish and Wildlife Cooperative Agreement 401816J091 for a Derelict Vessel Removal Grant and approve all necessary budget amendments to recognize and appropriate grant revenue in the amount of $30,000. 2. Recommend Approval of a Budget Amendment totaling $250,000 from Beach Renourishment/Pass Maintenance Reserves to fund miscellaneous Beach Renourishment initiatives as required by FDEP permit which is part of the Countys Major Beach Renourishment Project (905271). Page 7 of 11 3. Recommendation to authorize a payment of $75,000 to Betty Briggs to purchase the Rob Storter Collection and to authorize the Chairman of the Board of County Commissioners to execute the attached three -party Agreement among the Friends of the Museum of the Everglades, Mrs. Betty Briggs, and the County, to transfer ownership of the Storter Collection to Collier County. 4. Recommendation that the Board of County Commissioners recognize the income from credit report fees generated by the Home Loan Program operated within the Housing and Human Services Department. 5. Recommendation that the Board of County Commissioners approves, and authorizes the County Manager to sign, a lien agreement with Santa Ledezma Diaz (Owner) for deferral of 100% of Collier County impact fees for an owner - occupied affordable housing unit located at Lot 66, Independence, Phase II. 6. Recommendation to recognize anticipated revenue in the amount of $11,300 from the Collier County Medical Society and approve a budget amendment to the Housing and Human Services Client Assistance budget. 7. Recommendation to adopt the State Housing Initiative Partnership (SHIP) Local Housing Assistance Plan (LHAP) for State Fiscal Years 2007 -2008, 2008 -2009 and 2009 -2010 as required by state law and submit to the Florida Housing Finance Corporation. 8. Recommendation to approve the submittal of a Florida Boating Improvement Program Derelict Vessel Removal Grant in the amount of $80,000 to the Florida Fish and Wildlife Conservation Commission. E. ADMINISTRATIVE SERVICES 1. Recommendation to ratify additions to, deletions from and modifications to the 2007 Fiscal Year Pay and Classification Plan made from December 16, 2006 through March 30, 2007. 2. Report to the Board of County Commissioners concerning the sale and transfer of items associated with the County surplus auction held on March 24, 2007, resulting in gross revenues of $518,875.25. 3. Recommendation to approve an Agreement for Sale and Purchase with Harvey N. Karen and Lisa M. Karen for 0.678 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $898,000. 4. Recommendation to approve the submittal of the attached Florida Communities Trust (FCT) grant proposal seeking post acquisition funding for a 2006 Conservation Collier purchase of the Collier Development Corporation parcel, which is a component of the Gordon River Greenway Preserve Project, requesting reimbursement for 50% of project costs, or $1,045,700. 5. Recommendation to approve Phase III Enterprise Implementation Strategy of the Enterprise Content Management Strategy, Project 500421, in the amount of $25,000.00. 6. Recommendation to approve the Grant of Storm Water Drainage Easement agreement, Exhibit A, between Collier County and Edison College, to allow construction of a shallow drainage swale required by the Site Development Plan for the Emergency Services Complex and South Regional Library, project numbers 54003 and 52160. 7. Recommendation to confirm approval of the Starnes property as a Category A property on the fourth Conservation Collier Active Acquisition List and direction for the County Manager or his designee to actively pursue this property, considering an actual appraisal value that is significantly higher than originally estimated. Page 8 of 11 F. COUNTY MANAGER 1. Recommendation to accept an awarded Volunteer Fire Assistance Matching (50/50) Grant from the Florida Division of Forestry for the purchase of wildland firefighting equipment and approval of necessary budget amendments to recognize and appropriate revenue in the amount of $3,340.98. G. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Coyle requests approval for reimbursement for attending a function serving a valid public purpose. Attended as a guest speaker at Naples Sailing & Yacht Club Men's Speaker Luncheon on March 15, 2007. $9.95 to be paid from Commissioner Coyle's travel budget. 2. Commissioner Halas requests approval for reimbursement for attending a function serving a valid public purpose. Attending the Economic Development Council VIP Breakfast at the Hilton Naples on May 2, 2007. $21.53 to be paid from Commissioner Halas'travel budget. 3. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Leadership Collier Class of 2007 Graduation on May 11, 2007 and is requesting reimbursement in the amount of $50.00, to be paid from his travel budget. 4. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the EDC's 2007 Best Places To Work Breakfast and Awards Presentation on May 3, 2007 and is requesting reimbursement in the amount of $40.00, to be paid from his travel budget. 5. Commissioner Fiala requests board approval for reimbursement for attending a function serving a valid public purpose. Attended the 4 -H Foundation Luncheon on Tuesday, April 10, 2007 at the First United Methodist Church; $9.00 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 Collier Republican Club Meeting on Monday, April 9, 2007 at the Clubhouse at Bridgewater Bay; $12.00 to be paid from Commissioner Fiala's travel budget. 7. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the Leadership Collier Class of 2007 Graduation on Friday, May 11, 2007, at the Naples Beach and Golf Hotel; $50.00 to be paid from Commissioner Fiala's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1. To file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1. To obtain board approval for disbursements for the period of March 31, 2007 through April 06, 2007 and for submission into the official records of the board. 2. To obtain board approval for disbursements for the period of April 07, 2007 through April 13, 2007 and for submission into the official records of the board. Page 9 of 11 K. COUNTY ATTORNEY 1. Recommendation that the Board of County Commissioners (Board) approve the Committees selection of Bricklemyer, Smolker, & Bolves, De La Parte & Gilbert and Fixel, Maguire, & Willis and authorize the Chairman of the Board of County Commissioners to sign an Agreement with each law firm for eminent domain services once such agreement is signed for legal sufficiency by the County Attorney. 2. Recommendation to approve the Second Offer of Judgment in the amount of $20,000 as to Parcels 114 & 914 in the lawsuit styled CC v. Elias Valencia, et al., Case No. 03- 2274 -CA (Golden Gate Parkway Project No. 60027). (Fiscal Impact $7,600, if accepted) 3. Recommendation to authorize staff to prepare and submit applications to register service marks with the United States Patent & Trademark Office and the State of Florida Division of Corporations to preserve the Countys advertising, logos, phrases and slogans. 4. Recommendation to approve an Agreed Order Awarding Expert Fees and Costs for Parcel 178 in the lawsuit styled Collier County, Florida v. Teodoro Gimenez, et al., Case No. 04-0561 - CA (Vanderbilt Beach Road (CR862) Project No. 63051). (Fiscal Impact $22,000.00). 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. Recommendation that the Board of County Commissioners adopt an Ordinance to amend Ordinance 2003 -39 for the purpose of changing all references to funding traffic education to driver education programs, increasing the surcharge amount the Clerk of Courts may collect on all civil traffic penalties from $3.00 per penalty to $5.00 per penalty and to require that each Driver Education Program receiving funds require a minimum of 30% of a students time be behind - the -wheel training as authorized by Section 318.1215 of the Florida Statutes, entitled the Dori Slosberg Driver Education Safety Act. B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve Petition AVESMT- 2007 -AR- 11203, Lot 61, Black Bear Ridge Phase 1, disclaiming, renouncing and vacating the Countys and the Publics interest in a portion of a drainage easement in the rear of Lot 61 of Black Bear Ridge Phase 1, a subdivision located in Section 34, Township 48 South, Range 26 East, as recorded in Plat Book 43, Page 89 through 92 of the Public Records of Collier County, Florida, and being more particularly described in Exhibit A. C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. DOA - 2005 -AR -7136: Naples Grande Holdings, LLC, represented by Bruce E. Tyson, RLA, AICP of WilsonMiller is requesting a change to the previously approved Grey Oaks Development of Regional Impact (DRI) in accordance with Florida Statutes, Subsection 380.06(19), to affect the southeast quadrant that is located in unincorporated Collier County of the 1,601.4 acre project. Proposed modifications include removing 250 hotel rooms and adding 175 residential units. The Grey Oaks DR[ is located in the northeast, southeast, and northwest quadrants of Airport- Pulling Road and Golden Gate Parkway, in Sections 24, 25 and 26, Township 49 South, Range 25 East, Collier County and the City of Naples, Florida. (Companion to PUDA- 2005 -AR- 10157) Page 10 of 11 D. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDA - 2006 -AR- 10157: Naples Grande Holdings, LLC, represented by Bruce E. Tyson, of WilsonMiller Inc., requesting an amendment to the Grey Oaks PUD to replace the approved hotel use with residential land uses and add 175 units, thus changing the maximum number of units to 1,775 dwelling units for a project density of 1.12 units per acre. The PUD comprising 1,601.4 acres is located at the northeast, northwest and southeast quadrants of the intersection of Airport- Pulling Road and Golden Gate Parkway (the changes proposed in this petition will only affect the southeastern quadrant of the intersection), in Sections 24, 25, 26 Township 49 South, Range 25 East, Collier County and the City of Naples, Florida. (Companion to DOA - 2005 -AR -7136) E. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDZ- 2006 -AR -9150 Kerry Kubacki for Livingston Village, LLC, and Tammy Turner Kipp of Vanderbilt Holdings II, LLC, represented by Robert L. Duane, AICP, of Hole Montes, Inc., is requesting a rezone from the currently zoned A Rural Agriculture with a Conditional Use (CU) overlay to MPUD Mixed Use Planned Unit Development. The proposed rezone request is for up to 100,000 square feet of retail or office space and ten multifamily units; the project is to be known as Bradford Square MPUD. The subject property is 9.18 acres located at 14258 Livingston Road, north east corner of Livingston Road and Vanderbilt Beach Road, Section 31, Township 48 South, and Range 26 East, Collier County, Florida. F. Recommendation to approve a resolution adopting the Collier County HUD One Year Action Plan for FY 2007 -2008 for Community Development Block Grant (CDBG), Home Investment Partnerships (HOME), American Dream Downpayment Initiative (ADDI) and Emergency Shelter Grant (ESG) Programs, authorize required HUD Certifications, approve execution of ,_. Subrecipient Agreements by the County Manager or his designee, and submit to the United States Department of Housing and Urban Development (HUD). G. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ- 2006 -AR -8997, D. Wayne Arnold, AICP, Q. Grady Minor and Associates, and Richard D. Yovanovich, Esq., Goodlette Coleman and Johnson, P.A representing Elias Brothers Communities Two, Inc., requesting to rezone a 55- acre tract from the Rural Agricultural (A) zoning district to Residential Planned Unit Development (RPUD) zoning district for a project known as the Buttonwood Preserve RPUD for property located approximately one mile south of Immokalee Road (C.R. 846) and 0.7 miles east of Collier Boulevard (C.R. 951) on the south side of Tree Farm Road, in Section 35, Township 48 South, Range 26 East, Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774 -8383. Page 11 of 11 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING April 24, 2007 Add Item 2C: March 28, 2007 — Approval of minutes for District 2 Town Hall Meeting. (Staff's request.) Withdraw Item 61): Public petition request by Gene Silguero to discuss vacation of easement to allow set back requirements. (Petitioner's request.) Item 8A continued to the May 8, 2007 BCC meeting: Board consideration of adoption of a proposed ordinance prohibiting certain sexual offenders and sexual predators from establishing temporary or permanent residences within 2,500 feet of specified locations such as parks, schools, daycare centers and playground within the County, and prohibiting property owners from renting and /or leasing all or portions of real property to them within the proscribed limits. (Sheriffs Office and County Staffs request.) Move Item 16A1 to 10L: Recommendation to adopt a resolution supporting a feasibility study for the proposed Heartland Parkway. (Commissioner Coyle's and Commissioner Fiala's request.) Continue Item 16A5 indefinitely: Recommendation to approve the application for the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment by Airflyte Electronics. (Staffs request.) Item 16A6: For the sake of caution, staff has requested that the BCC waive the $50,000 formal competitive threshold if necessary during the re- bidding process in the event that work to a given vendor exceeds $50,000 cumulatively. Staff anticipates bringing a new contract to the Board for award within 90 days. Move Item 16B1 to 10P: Recommendation to approve a Resolution to terminate an Interlocal Agreement between the City of Naples and Collier County regarding maintenance assistance for the Traffic Signal System on Goodlette -Frank Road between U.S. 41 and Golden Gate Parkway and authorizing the County Manager or his designee to provide written notice of termination to the City. (Staff' request.) Move Item 1666 to 10M: Recommendation to approve a one -year traffic reservation extension associated with the approval of the Traffic Impact Statement (TIS) submitted with the Verona Walk Phase 4C and 4D PPL AR #9241. (Commissioner Coyle's request.) Move Item 16C6 to 10N: Recommendation that the Board of County Commissioners award Contract #06 -4049 Public Utilities Division Asset Management Program Development and Implementation to Camp Dresser & McKee, Inc., for an amount for the first phase not to exceed $447,946. (Commissioner Coyle's and Commissioner Henning's request.) Move Item 16E7 to 100: Recommendation to confirm approval of the Starnes property as a Category A property on the fourth Conservation Collier Active Acquisition List and direction for the County Manager or his designee to actively pursue this property, considering an actual appraisal value that is significantly higher than originally estimated. (Commissioner Coyle's request.) Withdraw Item 161­16: Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Collier Republican Club Meeting on Monday, April 9, 2007, at the Clubhouse at Bridgewater Bay; $12.00 to be paid from Commissioner Fiala's travel budget. (Commissioner Fiala's request.) Move 17F to 813: Recommendation to approve a resolution adopting the Collier County HUD One Year Action Plan for FY 2007 -2008 for Community Development Block Grant (CDBG), Home Investment Partnerships (HOME), American Dream Downpayment Initiative (ADDI) and Emergency Shelter Grant (ESG) Programs, authorize required HUD Certifications, approve execution of Subrecipient Agreements by the County Manager or his designee, and submit to the United States Department of Housing and Urban Development (HUD). (Commissioner Henning's request.) Time Certain Items: Item 10 A to be heard at 10:30 a.m. Recommendation to approve Contract Amendment No. 2, Exhibit E, for a Guaranteed Maximum Price (GMP) of $38,533,902 under Contract No. 04 -3609, "Construction Manager at Risk Services for the Collier County Emergency Operations Center ", with Kraft Construction Company, Inc. for the building construction portion of the Emergency Services Complex, project 52160. Item 10D to be heard at 3:00 p.m.: Recommendation to the Board of County Commissioners (Board) to consider options for the creation of a Fire Review Task Force to review issues and concerns related to fire review and inspections associated with the building plan review and permitting process; to review the building review and permitting procedures related to fire review and to review and make a recommendation to the Board regarding the amending of or repeal of Collier County Ordinance 2002 -49, as amended by Ordinance 2005 -32, the Collier County Fire Prevention and Prevention and Protection Code pertaining to adopted standards and codes of the Florida Fire Prevention Code published by the National Fire Protection Association (FFPA), as amended by the State of Florida. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division.) Item 14A to be heard on or about 11:00 a.m.: Immokalee Redevelopment Advisory Board recommendation to the Collier County Community Redevelopment Agency (CRA) to consider approval of job descriptions and referral to the Board of County Commissioners the recommended fiscal year 2007 -2008 budget request related to the establishment of a new office in Immokalee to conduct CRA and Enterprise Zone Development Agency functions and duties. Item 14B to be heard on or about 11:00 a.m. following 14A: Immokalee Master Plan and Visioning Committee and Local Redevelopment Advisory Board request to the Collier County Redevelopment Agency to approve and forward to the Board of County Commissioners a request to cease enforcing certain zoning provisions in Immokalee for eighteen months or until the approval of the new master plan and land development codes, whichever comes first. Item 10G to be heard on or about 11:00 a.m. following Items 14A and 146: Immokalee Master Plan and Visioning Committee and Local Redevelopment Advisory Board request to the Collier County Board of County Commissioners to cease enforcing certain zoning provisions in Immokalee for eighteen months or until the approval of the new master plan and land development codes, whichever comes first. Item 101 to be heard at 2:00 p.m.: Report of the findings on Utility Issues related to Transportation Projects. Item 12A to be heard at 12:00 noon: Notice of Closed Attorney - Client session. Item 12B to be heard at 1:00 p.m.: Board of County Commissioners to provide direction to the Office of the County Attorney as to any settlement negotiations and strategy relating to litigation expenditures in William Litsinger v. Collier County, Florida and Fred Coyle, individually, Case No. 06- 432 -CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. Agenda Item No 4A April 24, 07 Page 1 f 2 's PROCLAM 4TION x� WHEREAS, water is one of our most basic and vital needs, and our health, safety, comfort, and standard of living depend upon an abundant supply of safe drinking water• and WHEREAS, the citizens of Collier County should have a safe and depend,ble supply of water both now and in the future, and, WHEREAS, we are rolling upon each diten to, help protect our water resources from l/utaan` to plwctice' water conservation, and to > A ,�. , . ,a •, be involved in %ca /avaten issci"es ,. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of May 6 - 12, 2007 be recognized as DRINKING WATER WEEK DONE AND ORDERED THI5 24r^ Day of Apr%l, 2007 BOARD OF COUNTY COMMISSIONERS COLLIER CC�t/ FLORIDA ry xu � OF �".dMES_'�.`'ETTA,_C:`'lAIRMAN ATTEST.• W26 ROC , ..CLERK' Pgenda Item No 4A P.pni 2:, 2007 Paye 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 44 Item Summary: Proclamation to recognize May 6. 200: through May 1- . 2001 as Dnnkmg Water W'aek. Water Is one of bur most bavc and vital geebs and our heabb . salary c.mtart antl standard of Irving nepenE upon an auundent supply of seta drinking water. To be accepted by Mr. Paul Matti Director Water Adulinls!ration Ms Pamela Libby. Operations Manage[ Water Administration. Mr. Stephen Lang Environmental Sparrellet, Water Distububpn Mr Steve Messner. North Water Plant Manager. Mr. Ty Stutter Water Distribution Manager. Water Distribution, and Mr. Howard Brogbon, Laboratory Supervisor. Water Lab Meeting Date: 4124120D7 9.00.00 AM prepared By Lisa Resnick Executive Aide to the BCC bate Board of County BCC Office 4111120D7 8:21:52 AM. Commissioners Approved By Sue Filson Executive Mamrger to the DOC Care Board of County BCC Office 411112007 a:44 AM Commlesloners Approved By Jaynes V Mudtl . dory rMana9er Dete Beam of eonety ..mnmrssroncr_ County Manage: s OC %ge 4x121200' 1 2:02 PM Agenda Item No 4B April 24, 2 07 Page 1 f 2 PR0CLAM -ATION WHEREAS, an important part of the Col /ier,County and University of Florida Extension is to inform residentia/gardeners about the southwest Florida eco- friend /y urban gardening, and. M1 tyIEREAS, trained Master Gardener volunteers perform an extremely ' ' important role in this sarvica and WHEREAS, one Master Gardener volunteer has shown himself to go above and beyond expectations in teaching residents -what plants arc appropriate to Collier Countys c//mate and water limitations; and advocating the elimination of pestidde use for the promotion of A wildlife and protection of the enviranmenL• and WHEREAS, this volunteer has become a stand -alone Master Gardener, has n q, . . given his time to receive troimngs has shared over 30 years of pragmatic horticulture experience through the preparation and delivery of public presen'ta'tions, and has donated his time and efforts to increase awareness of the importance of retaining wildlife habitats, and, WHEREAS, his donation of over 1,000 documented hours of time in the Master Gardener Program since 2005 has been of tremendous benefit to the citizens of Collier County,' and, WHEREAS, the Board of County Commissioners would like to express their deepest appreciation to Michael Malloy for all his volunteer work as Master Gardener. NOW THEREFORE, be it proclaimed by the Board.o{ County Commissioners of Collier County,` Florida MASTER GARDEINERNICHAEL MALLOY be recognized for his gift to the citizens of Collier County. DONE AND ORDERED THIS 24th Day of April, 2007. BOARD O COUNTY COMMISSIONERS 7NTY (LORI n A S COLET7A, CHAT $ dIAN - ATTEST•'V _i :g't F3.r OWIGH7'1E BRDCK, CLERK''' lip Agenda Item N0. 4B Am,! 24, 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 4B Item Summary: F culamatmn to recognize Mr. Mis ael Malloy for his volunteer work as Master Gamene, . Mr Malloy rtes O011eted fle title prod efforts to the Master GarOeher program sharing] over 30 years of pragmatic flor iculture experience through the preparation and delivery of public presentations to Increase awarari Of the anportance of retaining wildhfa radius, 70 be accepted by or Mistreat Malloy. MeetlOS Date: 4/24/2007090.00 cM Prepared By Lisa Resnick Executive Aide to the BCC Data Board of County Cammiasioners BCC Office Mt 112007 a'. 20: 20 AM Approved By Sue Fixers Executive Manager to the BCC Data Board of County Commissioners BCC Office 4111/20078: 44 AM Approved By James V. Mudd Loanly Manager Date Board of County C."riss .... ric ..oumy Managers Office 411212007 1 OS PM Agenda Item No. 4C PROCLAMATION April 24. 2007 Page 1 of 2 _. WHEREAS, each year in Florida, lives are endangered, time and money are wasted, and underground utility facilities are destroyed because individuals fail to have existing underground utility facilities located before engaging in excavation or demolition activities that can unnecessarily damage existing underground utility facilities; and, WHEREAS, Florida's Governor, Charlie Crist, recently issued a proclamation endorsing protection of underground utility facilities and observance of the month of April 2007 as "Call Before You Dig Month "; and, WHEREAS, "Call Sunshine ", a toll -free, one -call center that informs and notifies all Participating utility agencies of plans to commence excavation or demolition that can damage underground utility facilities, is a free service to contractors, property owners, and other individuals who plan to commence such excavations or demolitions; and, WHEREAS, Collier County advocates compliance with Florida statutes and local ordinances with regard to protecting existing underground utilities from avoidable physical damage; and, WHEREAS, each individual planning any type of excavation or demolition that might damage any existing underground utility facility should always notify "Call Sunshine" to determine whether any existing underground utility facilities need to be located, whereby locating personnel are dispatched, at no cost to each such inquiring individual, to physically mark the in- ground locations of buried utility facilities; and, WHEREAS, Collier County recognizes Collier County and the City of Naples Underground Damage Prevention Task Force as the group of utility providers and local government agencies that are dedicated to the protection of underground facilities and the community's infrastructure by utilization of "Call Sunshine ". NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the month of April, 2007, be designated as CALL BEFORE YOU DIG MONTH DONE AND ORDERED THIS 24th Day of April, 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLE7TA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Aaentla Item No 4C April 24, 200' Page 2 o' 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS -' Item Number: 4C Item Summary: ProcAmatior, to desgnate the mono of April 2007. as CEO Belpre You Dig Of 70 be accepted by Mr Lynn Oaflron from Embarq and Mr James Frencn from ms Community Development antl Enmrpmnental Services Division Meeting Date: 4/2412007 9 60.00 AM Prepared By Lisa Resnick Executive Aide to the BCC Data Board of County Commissioners BCC Office 4/16)20073: 32: 05 PM Approved By Sue Filson Executive Manager to the BCC Dan. Board of County Commissioners BCC Office 41162007 3:33 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager s Office 411620074:18 PM Agenda Item No. 5A April 24, 2007 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to recognize Don Albonesi, Richard Badge, Glama Carter, Amia Curry, Renee Finsterwalder, Marlene Foord, Joe Frazier, Kim Grant, Mark Isackson, Peter Lund, Gary Mullee, Cliff Ong, Winona Stone, and Amanda Townsend as Collier County's Outstanding Team for Spring 2007. OBJECTIVE: To obtain approval from the Board of County Commissioners to recognize Don Albonesi, Richard Badge, Glama Carter, Amia Curry, Renee Finsterwalder, Marlene Foord, Joe Frazier, Kim Grant, Mark Isackson, Peter Lund, Gary Mullee, Cliff Ong, Winona Stone, and Amanda Townsend as Collier County's Outstanding Team for Spring 2007. The Strategic Excellence Program for Ultimate Performance, or STEP -UP, Project Team was assembled by the County Manager to assist in his implementation efforts of the Board of County Commissioners 10 -Year Strategic Plan, which was adopted for Fiscal Year 2007. The STEP -UP team held their "kick -off' meeting in September 2006 and began regular monthly meetings in November 2006. In addition to being tasked with "bringing the Board's Strategic Plan to life ", the team is heavily involved in ensuring that Division and Departmental intermediate range business plans, annual work programs and individual employee performance plans are aligned with the Strategic Plan. The team is also focusing on program performance metrics, enhanced business operations, and identification and implementation of best practices. The STEP -UP Project team is a multi - business discipline team that also acts as a catalyst to encourage a cross - divisional approach in achieving the Board's goals and community outcomes as outlined in the Strategic Plan. FISCAL IMPACT: The cost of this request is $263.90; which will pay for a plaque for each recipient. Funds for this are available in the Human Resources Budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approves the recognition of Don Albonesi, Richard Badge, Glama Carter, Amia Curry, Renee Finsterwalder, Marlene Foord, Joe Frazier, Kim Grant, Mark Isackson, Peter Lund, Gary Mullee, Cliff Ong, Winona Stone, and Amanda Townsend as Collier County's Outstanding Team for Spring 2007. PREPARED BY: Matt Pylant, Employee Recognition Coordinator, Department of Human Resources Agenda Ile, No 5A Apri124, 2007 Pays 2 Cf 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 5r Item Summary: Recommendation to recognize [Jon Albonesi Renard Danger. Glama Carter. Amia Gerry. Renee FirskrY ✓ alder. Marlene Poond Joe Frazier Kim Grant. Mark Isackson. Peter Lend. Gary Cori. Cliff Ong Wlnone Stone, and Amanda Townsend as Oolliar Coentys Ootstammng Team for Spring 2007. Meeting Date: 4124/2007 9.00.00 4M Prepared By Mar, Pytant Employee Recognition Coordinator Date Administrative Services Human Resources 419120074.21: 17 PM Approved By Jean Merritt Homan Resources Director Date Administrative Services Human Resources 411212007 11 18 AM Approved By Len Golden Price Aderneatrarive SiCi Atlmimstmtor pate Adminirson,,Services Administrative Services Admin. 411 212007 1 39 Per .Approved By OMB Coordinator Admmiztrnflve Assistant Date —.op Manager! Offine Offiw of Managemonf 5 Budget 4112' ?DOi 2 46 PM Approved By Leuri Dave sson Mart , ent j beenef Ana". Oatc tl r t napery Of— OX e J, wroocronmn, G 9ntl4et 4 20 ^" 16 t'! AM Approved By Mimmel Sm_ vizke ..a rapemenl S Buepet Oireetor pate t rdanaeers pfnc, Y Of M 1 _nf S Hednel 411C2oC7 i 1a PM Approved By Jam's V. Med. .,ounty nlanapar uam Board of County Cormty Managers OHlce 4/1612007 4:20 PM A_aende item No. 5E A N 24, 2007 Page 1 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 5b Item Summary: Gornlanor's Presentatmn iegammg the C.R 951 Water Mom project by Akerman Coosmcvon Company. Inc. Meeting Date: 412412007 300.00 rM Prepared By Ronald F. Dillard P.E. Senior Protect Manager Date Public Utilities Public Utilities Engineering 411 2120 07 1:09:57 PM Approved By Jame. V. Mudd County Manager Data Boats of County Commissioners County Manager's Office 4113I2DO712'. 00 PM nom CD 0 V N 7 N C N m — — n a and a C N d O 0 N N Q ai Q O v v 6, L R 0 m N O r 0 0 z U U L L U R N D` U C .f M O O z r R L v O IE R 0 U U L ^o U R L V .Y Q d R z L W Q L u R w V �O L a h ro Q O 4. c M R 4r O b-0 J 'C q � � U OC U R C S O y C C c " c � � C L ;J 3 �p M R y C c c c U ..I x .+ J OI o �r L U U y q � � N II M M M 0 M O 0 M M M N M U O N � W � N o o N > > z E > z 69 L N U y aU. R a V I 7 z Baca R W d R O C R 7t 7 yC L ^ N LO FA ayi V C Oa+ r C VJ ti �I 3 L u OG d 0 •r, R t N O C R 9 K V 7 7 U V m O V c^ R L O u R L 0 U h d L by O L 0. 0 V O O U V U O .y. ^ U y L R 3" V �o U �r 0 0 0 0 N N O N � O N � � N o o N > > z E > z c N y aU. R a O z z Baca .U. ry1 O C R U V yC L O O LO ^ ayi V C Oa+ r C VJ o z o a a 3 L u OG d 0 •r, R t N O C R 9 K V 7 7 U V m O V c^ R L O u R L 0 U h d L by O L 0. 0 V O O U V U O .y. ^ U y L R 3" V �o U �r Agenda Item No. 5B April 24, 2007 Page 3 of 3 Agenda Item No. 5C April 24, 2007 Page 1 of 3 / Government Finance Officers Association /V 203 North LaSalle Street, Suite 2700 Chicago, Illinois 60601 -1210 312.977.9700 fax: 312.977.4806 .. , 2!27 April 9, 2007 Mr. James V. Mudd County Manager Collier County 3301 Tamiami Trail East W. Harmon Turner Building, 2nd Floor Naples, FL 34112 Dear Mr. Mudd: I am pleased to notify you that Collier County, Florida has received the Distinguished Budget Presentation Award for the current fiscal year from the Government Finance Officers Association (GFOA). This award is the highest form of recognition in governmental budgeting and represents a significant achievement by your organization. When a Distinguished Budget Presentation Award is granted to an entity, a Certificate of Recognition for Budget Presentation is also presented to the individual or department designated as being primarily responsible for its having achieved the award. This has been presented to: Office of Management & Budget We hope you will arrange for a formal public presentation of the award, and that appropriate publicity will be given to this notable achievement. A press release is enclosed for your use. We appreciate your participation in GFOA's Budget Awards Program. Through your example, we hope that other entities will be encouraged to achieve excellence in budgeting. Sincerely, Stephen J. Gauthier, Director Technical Services Center Enclosure Washington, DC Office 1301 Pennsylvania Avenue, N.W., Suite 309 • Washington, DC 20004 • 202.393.8020 'fax: 202.393.0780 www.gfoa.org Agenda Item No. 5C April 24, 2007 Page 2 of 3 G Government Finance Officers Association 203 North LaSalle Street, Suite 2700 Chicago, Illinois 60601 -1210 312.977.9700 fax: 312.977.4806 April 9, 2007 PRESS RELEASE For Further Information Contact Stephen J. Gauthier (312) 977 -9700 rsarrrrrr+ r++ w++++• rt++ wwrt++ raar+ rrrrra+ rr+ wr+•+ r++ a++ rtrrrwarrrrrrwrrr + +w +arrrrsr + +srtr Chicago - -The Government Finance Officers Association of the United States and Canada (GFOA) is pleased to announce that Collier County, Florida has received the GFOA's Distinguished Budget Presentation Award for its budget. The award represents a significant achievement by the entity. It reflects the commitment of the governing body and staff to meeting the highest principles of governmental budgeting. In order to receive the budget award, the entity had to satisfy nationally recognized guidelines for effective budget presentation. These guidelines are designed to assess how well an entity's budget serves as: • a policy document • a financial plan • an operations guide • a communications device Budget documents must be rated "proficient" in all four categories to receive the award. When a Distinguished Budget Presentation Award is granted to an entity, a Certificate of Recognition for Budget Presentation is also presented to the individual or department designated as being primarily responsible for its having achieved the award. This has been presented to Office of Management & Budget. For budgets including fiscal periods 2005, 1,069 entities received the Award. Award recipients have pioneered efforts to improve the quality of budgeting and provide an excellent example for other governments throughout North America. The Government Finance Officers Association is a nonprofit professional association serving 16,800 government finance professionals throughout North America. The GFOA's Distinguished Budget Presentation Awards Program is the only national awards program in governmental budgeting. Washington, DC Office 1301 Pennsylvania Avenue, N.W., Suite 309 • Washington, DC 20004 • 202.393.8020 • fax: 202.393.0780 www.gfoa.org Agenda Item Nu 5C AGtd 24. 2007 psa� 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 5C Item Summary: Drstmgwshed Budget Presemabon Award for the current fiscal year f20tn) from me Gf,ernmdnt Finance Otfinem Hssoceoon GFOP ; presentee to the Office of Management ane Budc i To he accepted by Mike Smyhowsk, OrecmC O4ma of Management and Budget Meeting Date: 412412007 590'00 AM Approved By James V. Mudd Co.., Manager Due Booed of County County Manager's Office 411]1200] 9'A6 PM Commissioners Eftin Aaenda Item No. 6A April 24. 2007 Page 1 of 4 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail • Naples, Florida 34112 • (239) 774 -8383 • Fax (239) 7744010 April 3, 2007 Mr. Tom Killen 3960 Radio Road, Suite 210 Naples, FL 34102 Re: Public Petition Request to Discuss Radio Square PUD and Outstanding Commitments Dear Mr. Killen: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of April 24, 2007, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Hannon Turner Building (Building "F ") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, James V. Mudd County Manager JVM /jb cc: David Weigel, County Attorney Joseph Schmitt, C.D. &E.S. Administrator Norman Feder, Transportation Administrator Please print Name: I Address: 63 / VH. Request to Speak under Public Petition Agenda Item No. 5A April 24, 2007 Page 2 of 4 rol Phone: -"3 6 - Zj 79 dd Date of the Board Meeting you wish to speak: S A 7:F 7 Please explain in detail the reason you are reauestinq to speak (attach additional age if necessa �Iill�d � � ay'rilJ/ Please explain in detail the action you are asking the Commission to take (attach additional Dage if necessary): C.Mowments and SettingsW P_Ov AMy DocumentslPublicPeMionRequestForm .doc Agenda Item No. 6A A K. DEVELOPERS, INC. April 2ao7 Page 007 of 4 1100 Pine Ridge Road Naples, Florida 34108 (239) 649 -1230 (239) 649 -4237 Fax March 30, 2007 Ordinance #2003 -48 Radio Square PUD Radio Square PUD is part of the current group of PUD's being audited for compliance. When the transportation staff did the field audit, they noticed some outstanding commitments. The Transportation Department immediately put the Certificate of Occupancy for the building on hold and advised our project manager that the CO was being put on hold because of outstanding commitments that needed to be in place prior to CO. Because staff does not have the authority to waive or remove commitments, we entered into an agreement and agreed to give the Transportation Department a Letter of Credit equivalent to the estimated cost of these commitments. After further review of the PUD Ordinance, we don't agree that we should be held responsible for the outstanding commitments, since we only are the owner of a Tract within the PUD and not the entire PUD. The outstanding commitments are to build a sidewalk along Donna Street for the entire frontage of the PUD; A six -foot sidewalk that would not connect to another sidewalk. Arterial level street lighting at the project (PUD) entrance and, an internal sidewalk from the Corporate Park tract to the Lodge parking lot. We are proposing to the Board to take the following action: Sidewalk along Donna Street adjoining tract "B" was shown and built as T -0" wide sidewalk according to approved SDP. We would like to see this stay as is, with the exception of M.K. Developers. Inc., creating a crosswalk (to Collier County Specifications) at the end of this walk. This will lead to the sidewalk on the east side of Donna Street. Also, to have interior sidewalk from Corporate Park tract to Elks Lodge parking lot removed, backflow preventer, four water meters, fire hydrant, trees and FDC make this almost impossible to build. Furthermore, there is an existing crosswalk along Radio Road and a 6-0" sidewalk to Elks parking on west side of entry. We would like arterial level lighting to be removed from PUD as there is only one entry to PUD and is well lighted by Elks Lodge sign. We would like the Board to direct staff to release the Letter of Credit that was given since we do not believe it is our responsibility to fulfill these commitments. We would like to thank the Commissioners for their time. Agenda Item No GA April 24, 2007 Page 4 of 4 mcerely, Howard Ku M.K. Developers, Inc. Agenda Item No. 6B April 24, 2007 Page 1 of 2 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail • Naples, Florida 34112 • (239) 774 -8383 • Fax (239) 774 -4010 April 4, 2007 Mr. John Shepard 2361 Clipper Way Naples, FL 34104 Re: Public Petition Request to Discuss the Coconut River Estates Civic Association Property at 2361 Clipper Way Dear Mr. Shepard Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of April 24, 2007, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. rely, James V. Mudd County Manager JVMIjb cc: David Weigel, County Attorney Joseph Schmitt, Administrator C.D. &E.S. Agenda Item No. 6B April 24, 2007 Request to Speak under Public Petition Please print r,'; , „� 2!27 Name: 2310 % Lu PPS.. t, 4y NaPt -• s . Fes- 3 41 o `f Phone: ( 2r,) L1 So -o Lo '7 Date of the Board Meetinq you wish to speak: 7-41 "& Zoe '? Please explain in detail the reason you are requesting to speak (attach additional page if necessary): % A5X TNZf ,do�(-,20 6r Ta cowrrzF T7i /.r� Ti7x4 F1'14J rtiT Zlgd CL,Plo� (.aA -e tl(jet ASCoc,"Wr��P�rG'i� AXE 5.1j c /trjA U.Se 0"J /A-c.ci s PA-$'t513 Ce-t ( C-k -SITS =SSJcF-O L"✓' A}arb -f-HS FA--T T�� Thk'� rkc«�Tl d3 tFsNf �cf� Tk�2c{ t=a2 ZS PW> Please explain in detail the action you are asking the Commission to take (attach additional page if necessary): RS(� Tk�s ca- ...t$g-"-lwc JoT2T vi G J� F�+9 eAt C lZtsCA 'f0 wt- (1 ) J;QC TD uTl t.. z -� "Z T((53 AS r .e H4 4; i r % tl-e OOA-y-f 3/t'S� /- rTtM,4eWFk-t7d2j ar cal1� J�'�Qlzi€ +.i3v� dF 7h rc HAPublic Petition Request Fonn.doc R%�iii. i"16 Apri14,2007 Agenda Item No. 6C April 24. 2007 Page 1 of 4 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail • Naples, Florida 34112 • (239) 774 -8383 • Fax (239) 774 -4010 Mr. Richard Viscusi 118 Palm Drive Naples, FL 34112 Re: Public Petition Request to Discuss Tree Removal Along Boundary of WalMart and Sunrise Condominium Complex Dear Mr. Viscusi: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of April 24, 2007, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F ") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, James V. Mudd County Manager JVM /jb cc: David Weigel, County Attorney Request to Speak under Public Petition Please print Name: (?/ C Atf%2P (ll52lJS / Address: Agenda Item No. 6C April 24. 2007 Page 2 of 4 or-rtcr C. 2 - 2006 0 ,p441!,C-- n! % /s) 1� Phone: .S //a' 33'3 -Y % /%C Date of the Board Meeting you wish to speak: A74 2,420:7 Please explain in detail the reason you are requesting to speak (attach additional age if necessa Please explain in detail the action you are asking the Commission to take (attach additional page if necessary): FMATA \PETITION POLICY FOR PUBLIC PETITIOMPublic Petition Request Form.doc Og34 a It No. fiC mc t Q' 7 '33o/ ew 7- Tit /rfrVTUiI. 1V1F,0,4r,S AL {�s ;pe/ (6tXnllSSia�Yljei dlM [��eHtL i arr� �^C9uasfiny a Vu�lte pef✓ti tpV f�j� �ol)oWInG�, 1 4.hrt avt owner 6 f a Con do w) a it) xi oxrt to `—k r- nIcclv(e5 Suy) r(S le li (?o �toloM,niurtt C.0071Dl ea< -90r- oVrr 16 years. Sct?✓?7ef -Ivme I✓7 -j-He summer o-F 2006 ovr~ fWees ct,Ioh9 our boun4av-y Luttk Wa)Maui" WLY'e, %MoVect * tF e csfzZvr#V. T(,es4',j`Ft^ee5 �ov^rhec cz �ot�n�Qt C to oafween our butl�tngs. 1Wl� i� S I lQ� IZG�_134 142 %O j 154- Pain briV'e CLn4 a. At AlcV -f- 2-4 - ':ovr skoppr ng e•e" -er- a+ 34!5t lat,✓nramiTrot l Ca-s+ I plus, Tkts Has tayse4 f-he -Faflowt✓tg problems; f. Vie. qutr -+ e njoy meY)t o-� our- (f?otido _vnti-s H a.s 6.-Cn �t6•f�±?�b� loy •f-he corns�.�t't"�na[s� - R,^awt wrofbv -tz =� r✓ {eatnt yLtu �ltitwves t lec� � _ b lowe✓s V o� , Wv e✓`5ct.+ts i n t h e Foae e traVICe t eaw atecrm-S gat-ty o�E Je9uta✓1%� lo�,c( eav, radios a.vkd, Car horns 'In 04- rt'he- Vvlmrrht�yg (t�a�l(� 3t1- tat- SA-►�� ;(fur o.nee greenery Vtew �nas bees, r�pfa�e,4 b�f cL _ Par-vinq 10f 444( 0"c- (°P V-S P+- ru.ev-S 3, rke. - O ILte of our eon4owttnwigs_ -NO p n de-precaaf4 ewts, ill ls I vl ee i-1 ese 7 -!`yes w e rie, 1ri <<en 40wtj 14Y +- ke- troun`fy -1-In y sG�o�lc� Y��Ic�ce. 1-Gt�t>vt w�E(� o v� fiY�es to attow r 0- 0144v8uhtum oCt wVi s 4o n�vr- tke —qw4 ev,,&iwLyrt� o-c-t eW Aaenda Itefri No. 6C h AprilI 124.. 2007 U vi its + he v I e w } VI eY O ci te hc,� an Gr res- ttt/ -�o T I�Lo of 4 Value 6,(- thT-ocr `t"' a14V- Apo -&a y tVK5C J%t, -40 i -ZaA -ctac(o.sw3 s&m-e pte-tureS of View mow. our buttdvmgs _ _ Agenda Item No. 6D April 24, 2007 Page 1 of 6 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail • Naples, Florida 34112 • (239) 774 -8383 • Fax (239) 774 -4010 April 13, 2007 Mr. Gene Silguero 1434 Botanical Drive Immokalee, FL 34142 Re: Public Petition Request to Discuss Vacation of Easement to Allow Set Back Requirements Dear Mr. Silguero: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of April 24, 2007, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F ") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. cerely, James V. Mudd County Manager JVM /jb cc: David Weigel, County Attorney Joseph Schmitt, CD&ES Administrator Request to Speak under Public Petition Please print Agenda Item No. 6D April 24, 2007 Page 2 of 6 Address: , , _ , `J t + i T Date of the Board Meeting you wish to speak: Please explain in detail the reason you are reguestina to speak (attach additional page if necessary): FMATA1PEnTION POLICY FOR PUBLIC PETITION%Pubk PeMMon Request Form.doc Z'd BOLO L99-66Z Cul'SUePIMOLMoH OWE) d9VSO LO ZL jdy ow HOW SU1LDEM HC 1434 Botanical Dr. Immokalee Fl. 34142 March 30,2007 Comcast Cable Mr. Mark Cook, Pbaae: 2394167.0704 Far 239 - 867.0708 Agenda Item No. 6D April 24, 2007 Page 3 of 6 GMC Home Builders is conshixting a residential home at 505 Madison Ave., in Immoke- lee. The home is not meeting it's set back of 25 feet on the left side ofthe home, we seem to have 2317.2". The house is a little less then 15" inches short of meeting it's set back, on the side that is adjacent to Glades Street As you can see from the copy of the survey all of th e utilities nun though the back alley of the home, not the side. We strive to follow every step as we build our homes, Unfornmately when our survey company did our Hub & Tack they failed to check the correct set backs. At the time we re- ceived our survey from the surveyor we were already at tie beam stage. While we could pursue the survey company to coned the problem the only ones who would suffer at this point would be the home owners, as they have already sold their home in Lehigh Acres and are living with relatives in Immokalee. They both teach at Immokalee school's. The Engineering Dept at the Collier County Permitting request that we receive your per- mission from your department. We. sincerely hope that Comcast Cable will allow the vacate of ese =ma* wAns project, for this would alleviate the 15 inch short fall of the easement. CA 90LO L99-66Z 0u1'w8P3rqKU0H OWE) d91L:60 LO ZL Ddb' Agenda Item No. 6D April 24. 2007 Page 4 of 6 DON HUNTER • COL11En coumry 3301 T MdEW Tii Eap. deg -A Hwr., FL 341124902 (239) T74-4434 . =Mwa wMmg Apt 3,2M GMC HOME BU DERS, INC. Gene Sgguem 1434 Botanical Drive immokeiac. FL 34142 BE: Vaua dm of 1S bwk sbortage oa rat bads of ba stSO Medbw Aveme at Glades Stribet Dear Mr. walla Staff has reviewed yourrequest for a letter of ^No Objeatioe for the above described project. The particular vacation is as described in your hear of Mach 30,2D07. The Sbw&s Office rcvwws then requests to detear me ifibe gwetirg of the vacation will have any foreseeable negative effect on our ability to provide law anforcel savic s to the am These services incbrde emergency response, pettoL and traffic crAnoem®c So laaug as the vacation, enter now or in the future, does not impiaM on ow ab0ity to deliver thrae se vicea, the Collier Canty Sbaiffis o>isoe bas 'No Objeell to the Vwbng of your request. If the agency can be ofany firtbw service, please advnm f,r""7`� DH:MWSma `The duty of the Collar County SherifYaC Mos is to preserve and proud the lives, property and constitutional guarantees of all persons." 08 4'd 90LO L99-6CZ cul'SJOR OUJOH OWE) d8t :C0 LO ZL rd0' Voice I Data I Internet I Wireless I Ditertainn"ent April 3, 2007 Mr. Gene Silguero GMC Home Builders, Inc. 1434 Botanical Dr. Inunokalee,FL 34142 Re: SEC 33 TWP A6 RNG 29 505 Madison Avenue Dear Mc Silguero, Agenda item No. 6D April 24. 2007 Page 5 of 6 �ARQ FE"n PA am 7W Nit R 300440 Ewaw. in response to your inquiry of March 30.2007, regarding the possibility of vacadw the subject casement, ttds is to advise that Embarq- Florida, Inc. bas tto objection to vacating the easeevent for this projecL If we can provide additional information, please contact me at 239 - 263 -6211. Sincerely, Ad � Deb Corbin Network Engineer II DACJbc r. cc: Chron File p4 i,,l ' Qpr 1 07 03:19p c r C N m /pV m a 0 4 C cn a �,,oz O � O u 8 rA v O 0- p U U W M GMC Homebukles,lno cc 00 m *� r S 9 S 239 -667 0708 p.6 S CO) of O v► '� O 1 I Z M w Agenda Item No. SA April 24, 2007 Page 1 of 8 EXECUTIVE SUMMARY Board Consideration of Adoption of a Proposed Ordinance Prohibiting Certain Sexual Offenders and Sexual Predators from Establishing Temporary or Permanent Residences within 2,500 feet of Specified Locations such as Parks, Schools, Daycare Centers and Playgrounds within the County and Prohibiting Property Owners from Renting and /or Leasing all or Portions of Real Property to them within the Proscribed Limits. OBJECTIVE: The Board of County Commissioners to consider the adoption of an ordinance that prohibits sexual offenders and sexual predators from residing within 2,500 feet of a school, park, playground or daycare center within Collier County and providing owner /landlord duties to prevent rentals to sexual offenders and sexual predators. CONSIDERATIONS: Upon consideration of a Public Petition agenda item 6A of January 9, 2007, the Board gave direction to the County Attorney to research and draft a proposed ordinance providing for a 2,500 foot distance radius residence prohibition applying to statutorily- defined sexual offenders and sexual predators to further provide for the public safety and welfare beyond the current statutory standard of 1,000 feet. Current Florida law, Section 794.065, Florida Statutes, restricts certain sexual offenders and sexual predators from establishing a temporary or permanent residence within 1,000 feet of specified locations such as: schools, parks, playgrounds and daycare centers. In recent legislative sessions, legislation has been introduced to the Florida Legislature which sought to amend the statute, expanding the distance to 2,500 feet and expanding the designated areas of restriction. In the current legislative session, there are two (2) Senate bills and two (2) House bills to amend the current law mentioned above. Both House bills and one of the Senate bills call for the preemption of local laws on this subject. There have been an increasing number of these types of local ordinances enacted across the country. Some have been challenged successfully, and others have been upheld. Currently, Cape Coral has such an ordinance, and Miami Beach also has one, that has been amended several times and has become quite broad in its application. To date, there have been no known legal challenges to either of these ordinances. The proposed Ordinance presented here lies somewhere in between Cape Coral's application and the broad application of Miami Beach. GROWTH MANAGEMENT IMPACT: There is no known growth management impact to the County that will result from enactment of the proposed Ordinance. FISCAL IMAPCT: There is no known fiscal impact to the County that will result from the adoption of the proposed Ordinance. Aoenda Item No. SA April 24, 2007 Paoe 2 of 8 LEGAL CONSIDERATIONS: Residence restrictions imposed upon certain sexual offenders and sexual predators have increased recently across the country. Such legislation has been upheld in the Midwest, and other legislation has been recently made temporarily unenforceable by federal courts, pending the outcome of appeals, specifically in California and Georgia. The legislation involved in these cases all was on a state level, and did not involve a municipal or county ordinance. Whereas there has been a surge of support for such laws, the legal viability of them is still in its infancy. As with all local and state restrictive laws, the more narrowly drafted the laws are, the more likely they will be upheld on a federal challenge. Conversely, the broader the law, the more likely it will be struck down. We have attempted to draft a compromise type of ordinance for the Board's consideration. Given the fact that the bills currently pending on this subject, if such measure passed by the Legislature, anything Collier County enacts could be redundant in part or in full or possibly preempted. The Board may wish to consider the results of the current legislative session as a predicate to action in this matter. RECOMMENDATION: That the Board consider the adoption of an Ordinance providing a 2,500 foot residency restriction of sexual offenders and sexual predators from schools, parks, playgrounds and daycare centers, with owner /landlord obligations. PREPARED BY: Robert N. Zachary, Assistant County Attorney 2 Agenda Item No BA Aptt124, 2007 Pay, 3 of fi COLLIER COUNTY BOARD OF COUP47Y COMMISSIONERS -^ Item Number: On Item Summary: Sheriffs Office and County Staff recommend tnat this item be continued to the May 8. 2007 BCC Meeting to finalize staff coordination Board COnsMerahina of Adoption Of a Proposed Ordinance Prohibiting Certain Sezuai Offenders and Sexual Predators from Establishing Temporary or Permanent Residences Within 2500 Feet of Specified Locations such as Perks Schools. Oevdare Centers and Playground within the County and Prohibiting Property Owners from Renting andbr Leasing all of portions of Real Property to them Wahln the Proscribed Limits. Meeting Dale: 4/2412007 9'.00'.00 AM Prepared By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney OBlte 411212007 4:12:23 PM Approved By David C. Weigel County Attorney Date County Attorney Court, Attorney Office 411212007 4:36 PM .Approved By DIMS Cabounamr, Adminislrahve Assistant Date County Mananers Office of icc of Management Y Sadder 4/1312001 9.32 AM Approved By Mark lstnl, B:mOet Anmysl Dam t)M1.enaoer=OfOce Dff co of rylo apanen. &S,n,d. < 320 ._....rPM Approved By tamest/ n1n, .,!dtr A'i ana uer Datc S.Ola et .,.mt, .,runty R..... rOffce + J:2�C.,F PM Agenda Item No. 8A April 24. 2007 Page 4 of 8 ORDINANCE NO. 2007- AN ORDINANCE OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PROHIBITING CERTAIN SEXUAL OFFENDERS AND SEXUAL PREDATORS FROM ESTABLISHING TEMPORARY OR PERMANENT RESIDENCES WITHIN 2,500 FEET OF SPECIFIED LOCATIONS WITHIN THE COUNTY, PROHIBITING PROPERTY OWNERS FROM RENTING AND /OR LEASING ALL OR PORTIONS OF REAL PROPERTY TO CERTAIN SEXUAL OFFENDERS AND SEXUAL PREDATORS WITHIN 2,500 FEET OF SPECIFIED LOCATIONS WITHIN THE COUNTY, PROHIBITING CERTAIN SEXUAL OFFENDERS AND SEXUAL PREDATORS FROM ENTERING PUBLIC PARKS, SCHOOLS OR DAY CARE CENTERS UNDER CERTAIN CIRCUMSTANCES, PROVIDING FOR EXCEPTIONS TO THE STANDARDS SET, PROVIDING FOR THE SPECIFIC APPLICABILITY IN UNINCORPORATED AND INCORPORATED COLLIER COUNTY, PROVIDING FOR PENALITIES, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners is concerned for the welfare of the children of the citizens of Collier County, and WHEREAS, there has been public concern expressed to the Board of County Commissioners relative to the potential danger of convicted sexual offenders and sexual predators, who are released from custody, to the children of Collier Counts. and WHEREAS, repeat sexual offender, sexual offenders that use physical violence. and sexual offenders that prey on children are sexual predators who present an extreme threat to the public safety. Sexual offenders are extremely likelv to use physical violence and to repeat their offenses. and most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant, and WHEREAS, it is the intent of this Article to serve the County's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the entire County by creating areas around certain locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residence, and WHEREAS, the Board of County Commissioners wishes to establish a policy, county- wide, regulating and restricting the residency of conN icted sexual offenders and sexual predators, limiting their access to children, in an effort to promote, protect, and improve the health, safety and welfare of the citizens of Collier County, county -wide, and to protect the children of Collier County from potential sexual abuse by convicted sexual offenders and sexual predators. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF COLLIER COUNT)', FLORIDA: THAT, the above and foregoing recitals of legislative intent and findings be incorporated herein as part of this Ordinance, and THAT, it is the intention of the Board of County Commissioners that the provisions of this Ordinance shall become and made a part of the Code of Laws and Ordinances of Collier County, Florida; that the sections of this Ordinance may be renumbered or re- lettered to accomplish such intention; and that the word Ordinance shall be changed to Section or other appropriate word to conform with the Code of Laws and Ordinances, and shall be as follows: Agenda Item No. 8A April 24, 2007 Page 5 of 8 SEXUAL OFFENDERS AND SEXUAL PREDATORS See. 1. Findings and Intent. (a) Repeat sexual offenders, sexual offenders that use physical violence and sexual offenders that prey on children are sexual predators who present an extreme threat to the public safety. Sexual offenders are extremely likely to use physical violence and to repeat their offenses, and most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. (b) It is the intent of this Article to serve the County's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the County, in unincorporated areas as well as incorporated areas, by creating areas around certain locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residence. (c) It is the intention of this Article to be regulatory in nature and non- punitive, relating to the purpose of promoting, protecting and improving the health, safety and welfare of all the citizens of Collier County and to protect the children of Collier County from potential sexual abuse by convicted sexual offenders and sexual predators. Sec. 2. Applicability. This Article shall apply to incorporated as well as unincorporated areas of Collier County. Sec. 3. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Permanent Residence means a place where the person abides, lodges, or resides for 14 or more consecutive days. Temporary residence means a place where the person abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the person's permanent address, or a place where the person routinely abides, lodges, or resides for a period of four (4) or more consecutive or non - consecutive days in any month and which is not the person's permanent residence. Park means an area of land set aside for public use or maintained for public recreational and ornamental purposes, usually consisting of grass, tree, paths, sports fields, playgrounds, picnic area and/or other features for amusement and relaxation. Child, for purposes of this Ordinance, shall mean a person under the age of sixteen (16) years. Sec. 4. Sexual offender and sexual predator residence prohibition; penalties; exceptions. (a) Prohibited location of residence. It is unlawful for any person who has been convicted of a violation of Fla. Star. See. 794.011, 800.04, 827.071, or 847.0145, or convicted of any felony sexual offense in any state in the United States, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, as that term was applied and used by the state in which the person was convicted, to establish a permanent residence or temporary residence within 2,500 feet of any school, day care center, park, or playground. (b) This subsection applies to any person convicted of an offense described in subparagraph (a) which occurs on or after May 1, 2007. Agenda Item No. 8A April 24. 2007 Page 6 of 8 (c) Measurement of distance. For purposes of determining the minimum distance separation required under this section, the requirement shall be measured by following the shortest straight line from the outer property line of the permanent residence or temporary residence to the nearest outer property line of a school, day care center, park, or playground without regard to any intervening structures or objects. Without otherwise limiting the foregoing measurement instructions, if the residential dwelling unit of the restricted sexual offender is within a cooperative, condominium, or apartment building, the parcel of real property described in this paragraph consists of the parcel of real property upon which the cooperative, condominium, or apartment building that contains the residential dwelling unit of the restricted sexual offender is located. (d) Penalties. A person who violates this section shall be punished by a fine not exceeding $500.00 or by imprisonment for a term not exceeding 60 days in the County Jail, or by both such fine and imprisonment, in accordance with Fla. Stat. Ch. 125.01 (t) and Ch.125.69 (1). (e) Exceptions. A person who resides within 2,500 feet of any school, day care center, park, or playground does not commit a violation of this section if any of the following apply: I ) The person had established a permanent residence, or a temporary residence. and reported and registered the residence pursuant to Fla. Stat. Sec. 775.21, 943.0435 or 944.607 prior to April 1, 2007. (2) The person was a minor when he/she committed the offense and was not convicted as an adult. (3) "Fhe person is a minor. (4) The school, park, playground or day care center within 2,500 feet of the person's permanent residence, or temporary residence, was opened after the person established the permanent residence or temporary residence and reported and registered the residence pursuant to Fla. Stat. Sec. 775.21, 943.0435, or 944.607. See. 5. Property owners prohibited from renting real property to certain sexual offenders and sexual predators; penalties. (a) It is unlawful to knowingly let or rent any place, structure, or part thereof, trailer or other conveyance, with the knowledge that it will be used as a permanent residence or temporary residence by any person prohibited from establishing such permanent residence or temporary residence, pursuant to Section 4 (a) hereinabove, if such place, structure, or part thereof, trailer or other conveyance is located within 2,500 feet of any school, day care center, park, or playground. (b) A property owner's failure to knowingly comply with provisions of this section shall constitute a violation of this section, and commits a misdemeanor of the second degree, and is punishable as provided by Fla. Stat. Sec. 775.082 (5), or 775.083 (e). (c) It shall be a defense to any alleged violation of this section by a property owner that, prior to rental or lease, he or she used reasonable due diligence and was unable to determine that a prospective tenant of the subject unit or property was a restricted sexual offender or sexual predator intending to occupy the unit or property, and therefore rea.sonabli believed that the prospective tenant was not a sexual offender or sexual predator. Reasonable due diligence shall be defined as that action a property owner should have taken knowing that the Florida Department of law Enforcement (FDLE) has put into place a toll -free telephone number to call and inquire as to whether an individual appears as a registered sexual offender or sexual predator in the State of Florida, and knowing that both the FDLE and the Sheriff of Collier County has put into place web -sites available to the general public whereby one may easily inquire as to whether an individual is a registered sexual offender or sexual predator. Agenda Item No. SA April 24, 2007 Page 7 of 8 Sec. 6. Access to Schools, parks, or child care facilities. (a) It is unlawful for any person who has been convicted of a violation of Fla. Stat. Sec. 794.011, 800.04, 827.071, or 847.0145, or convicted of any felony sexual offense in any state in the United States, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, as that term was applied and used by the state in which the person was convicted, to knowingly be present in a public school, or park, when a child(ren) under the age of 16 years is present in that school or park, unless the restricted person is a custodial parent or custodial legal guardian of a child present in that school or park. (b) There shall be placed signage at the entrance of each park that includes notification that a sexual offender andior a sexual predator as defined hereunder shall not be present in the park if a child under the age of 16 years is present, unless the restricted person is the custodial parent or custodial legal guardian of a child present in the park. (c) It is unlawful for any person who has been convicted of a violation of Fla. Star. Sec. 794.011, 800.04, 827.071, or 847.0145, or convicted of any felony sexual offense in any state in the United States, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, as that term was applied and used by the state in which the person was convicted, to knowingly enter and remain in a child care facility or on its premises unless the restricted person: (1) is dropping off or picking up a child registered at the facility and the restricted person is a custodial parent or custodial legal guardian of that child; (2) remains under the supervision of a facility supervisor or his or her designee while on the facility premises. (d) Penalties. A person who violates this section shall be punished by a fine not exceeding 5500.00 or by imprisonment for a term not exceeding 60 days in the County Jail, or by both such fine and imprisonment in accordance with Fa. Srat. Ch. 125.01 (t) and Ch.] 25.69 (1). Sec. 7. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause, phrase or part of this Ordinance shall, for any reason, be held invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or subsections, sentences, clauses and phrases of this Ordinance, but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Sec. 8. Inclusion in the Code of Laws and Ordinances. It is the intention of the Board of County Commissioners, and it is hereby ordained, that the provisions of this Ordinance shall become and made a part of the Code of Laws and Ordinances of Collier County, Florida: that the sections of this Ordinance may be renumbered or re- lettered to accomplish such intention; and that the word Ordinance shall be changed o Section or other appropriate word. Sec. 9. Repeal. All ordinances or parts of ordinances in conflict herewith, or inconsistent herewith, are hereby repealed, but only insofar as such ordinances may be inconsistent or in conflict with this Ordinance. Sec. 10. Effective Date. This Ordinance shall become effective on May 1, 2007. Agenda Item No 8A April 24. 2007 Page 8 of 8 This Ordinance adopted this day of , 2007 after motion, second and majority vote favoring the same. BOARD OF COUNTY COMMISSIONERS BY ATTEST: DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: Deputy Clerk Approved as to form and Legal sufficiency: Robert N. Zachary, Esq. Assistant County Attorney JAMES COLETTA, CHAIRMAN Agenda Item No. 9A April 24, 2007 EXECUTIVE SUMMARY Page 1 of 21 APPOINTMENT OF MEMBER(S) TO THE ENVIRONMENTAL ADVISORY COUNCIL OBJECTIVE: To appoint 1 member to serve as a Technical Alternate, with the term expiring on April 13, 2011; 1 member to fulfill the remainder of a vacant term as a Technical Member, expiring on April 13, 2009, and re- appoint 2 members (1 Technical Member and 1 Non - Technical Member) to 4 year terms, expiring on April 13, 2011, to the Environmental Advisory Council (EAC). CONSIDERATIONS: The Environmental Advisory Council has several openings. This 9 member (plus 2 alternate members) council acts in an advisory capacity to the Board in matters dealing with the regulation, control, management, use or exploitation of any or all natural resources within the County, and the review of all land development petitions which require an environmental impact statement (EIS) per section 10.02.02 A of the Code, all developments of regional impact (DRI), lands with special treatment (ST) or Area of Critical State Concern/ Special Treatment zoning overlays, areas of the county covered by interlocal agreements, any petitions which cannot be resolved between the applicant and staff. The membership will include technical and non - technical members. Technical members shall demonstrate evidence of expertise in one or more of the following areas related to environmental protection and natural resources management Air Quality, Biology (including any of the sub - disciplines such as botany, ecology, zoology, etc.), Coastal Processes, and Estuarine Processes, Hazardous Waste, Hydrogeology, Hydrology, Hydraulics, Land Use Law, Land Use Planning, Pollution Control, Solid Waste, Stormwater Management, Water Resources, Wildlife Management, or other representative areas deemed appropriate by the Board such as, but not limited to, a representative of the development community. Alternate EAC members will be requested to attend meetings when regular EAC members have notified staff that they will be absent. Alternate members will participate in discussions and vote when replacing a regular member. Alternate members must be technical members that can demonstrate expertise in environmental protection and natural resource management. Terms are 4 years. A list of the current membership is included in the backup. The terms for William W. Hughes (Technical) and Michael V. Sorrell (Non - Technical) will expire on April 13, 2007. Mr. Terrence Scott Dolan (Technical) resigned on March 21, 2007. On December 14, 2006 the Board of County Commissioners adopted Ordinance No. 2006 -63 adding 2 Alternate positions. A press release was issued and resumes were received from the following 4 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Llewellyn Williams I Technical 3 Yes None David Bishof Technical 2 Yes Lake Trafford Restoration Comm Mike Sorrell - reappt Non - Technical _5 Yes EAC - William Hughes- reappt I Technical 4 Yes EAC ATTENDANCE: Mike Sorrell — 19 meetings: I unexcused and 3 excused William Hughes — 19 meetings: Perfect Attendance COMMITTEE RECOMMENDATION: Quasi - Judicial — no recommendation Aoenda Item No. 9A April 24, 2007 Page 2 of 21 FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint 4 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: APRIL 24, 2007 Fgenda Item % 9A April 24. 2007 Fage 3 31 21 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: =A Item Summary: /,,nt nent of mam0er5 to In. Enveonmentel Advtsoly Council Meeting Date: 4124/2037 9 90.00 AM Prepared By Sue Filson Executive Manager to the BCC Date Boom of County 31221200] 10:44:26 AM Commissloners BCC OfFice Approved By James V. Mudd County Manager Date Board of County County ManageYS Office 4l16 /200 >4:05 PM Commissioners Agenda Item No. 9A Apri! 24, 2007 Paae 4 of 21 Memorandum To: Sue Filson, Executive Manager, BCC From: Summer Araque, Senior Environmental Specialist - Environmental Services Department Cc: Barbara Burgeson and Susan Mason, Environmental Services Dept. Date: March 26, 2007 Subject: EAC applications Environmental staff has reviewed four applications for the vacant EAC positions. The following applicants are proposed to fill three (3) full time vacancies and one (1) alternate position. The alternate position is required to be technical, and therefore non- technical applicants shall not be appointed to this position. Two of the applicants, William Hughes and Mike Sorrell, are current members. Llewellyn Williams, Ph.D. is a qualified technical applicant. Currently serves as a consultant to the U.S. EPA. He has a Bachelor's degree in Zoology (minor in Chemistry) from Drew University. He also has a Doctor of Philosophy in Aquatic Ecology from Rutgers University. Dr. Williams had a 28 year career with the U.S. EPA as a senior scientist in areas of eutrophication, biological method development, quality assurance, environmental measurement and monitoring. He also has over 100 peer- reviewed publications in the areas of eutrophication and nutrient dynamics, environmental measurement technology, and sampling design. Dr. Williams has had Instructor and Professor level academic positions at Rutgers University, Fordham University, and University of Nevada teaching environmental science, limnology, phycology, and ecology. Since retirement, Dr. Williams has run workshops for the Director General of the Environment in Malaysia. He has lived in Collier County for 3 years and is currently involved in the community as a docent at the Nature Discovery Center and as an independent scientific contributor to the Gulf of Mexico Alliance. William Hughes (current member seeking a second term) is a qualified technical applicant. Mr. Hughes currently serves as the Chairperson of the Environmental Advisory Council. He has over 25 years of experience in the field of water treatment and hazardous waste. Mr. Hughes has an Associate in Applied Science Degree in Agricultural Engineering from SUNY, University of Georgia. Environmental Services Department Community Development & Environmental Services Division Agenda Item No. 9A April 24, 2007 Page 5 of 21 Mike Sorrell (current member seeking a second term) is a qualified non - technical candidate. Mr. Sorrell is currently a member of the EAC in good standing. He has over 20 years experience in lawn care and landscaping industry. Mr. Sorrell is self - employed, has his certification as a Master Gardner, and has lived in Collier County over 20 years. David Bishof is a qualified technical applicant. Mr. Bishof currently works as an Environmental Consultant for Consul -Tech Development Services that submit projects to CDES on a regular basis. Mr. Bishof will have to excuse himself from participating in any manner (including presenting, participating in the discussion and voting) on projects submitted by Consul -Tech. Mr. Bishof has over 30 years experience as an environmental biologist performing habitat assessments, habitat restoration, impact assessment, wildlife surveys, water quality studies, environmental rule development, and environmental monitoring. Mr. Bishof has a Bachelor of Science in Biology from Florida State University and a Master of Science in Marine Science from the University of South Florida. He is also a Certified Professional Wetland Scientist. Cali me at 530 -6290 if you have any questions. Please call Susan Mason if you have questions March 27 —April 15 as I will be on vacation. Thank you very much. Environmental Services Department Community Development & Environmental Services Division Agenda Item No. 9A April 24, 2007 Page n of 21 Environmental Advisory Council Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -apps 2ndEVDate 2nd Term Mr. Richard W. Miller 03/13/07 04/13/10 3 Years 6067 Fairway Court 594 -8640 Naples, FL 34110 E -Mail: RWMCnsltg @aol.com District: 2 Category: Technical - Science; engineering geology Ms. Judith M. Hushon 04/13/04 1659 Chinaberry Court 643 -6222 Naples, FL 34105 EMail., judyhushon@aol.com District. 4 Category: Technical - Biology Mr. Nick Penniman 04/12/05 611 Portside Drive 261 -7292 Naples, FL 34103 E -Mail. ngpn @aol.com District. 4 Category: Technical - Environmental Mr. William W. Hill 11/29/05 5928 Cranbrook Way, D205 774 -4412 Naples, FL 34112 E Mail: billhill44 @aol.com District: I Category: Technical - Professional Engineer Mr. Roger Jacobsen 146 San Salvador Street Naples, FL 34113 E -Mail: rjacobsen@naplesgovxom District: I Category: Non - Technical 213 -7121 01/09/07 642 -9618 04/13/08 04/13/09 04/13/10 04/13/11 4 Years 4 Years 4+ Years 4 Years `__' Wednesday, March 14 2007 Pagel of Agenda Item No. 9A April 24, 2007 Page 7 of 21 Environmental Advisory Council Work Phone Appt'd Exp. Date Term Name Home Phone DateRe -apps 2ndExpDate 2nd Term Mr. William W. Hughes 435 -1188 04/13/03 04/13/07 4 Years 4501 Rosea Court 435 -3923 Naples, FL 34104 E Mail: hughesco @earthlink.net District: 4 Category: Technical -Water Treatment & Hazardous Waste Mr. Terrence Scott Dolan q 498 -8533 ! 06/14/05 04/13/09 4 Years 581 19th Street N_W. 4,VPN.0 455 -5777 Naples, FL 34120 3 E -Mail: terreydolan@wcicommunities.com District: 3 Category: Technical -Land Use Planning Mr. Michael V. Sorrell 353 -5932 2335Wilson Boulevard, N. 571-7781 Naples, FL 34120 E -Mail: www.colliersportsman@hotmail.com District. 5 Category: Non - Technical - Owner Lawn Service 06/11/02 04/13/03 04/13/03 04/13/07 Mr. Lee Horn 287 -5044 01/11/05 2225 Malibu Lake Circle, #621 287-5044 Naples, FL 34119 E -Mail: sportslem @aol.com District. 3 Category: Non - Technical - Business Finance and Marketing Wednesday, March 14 2007 Page 2 of 04/13/08 10 Mos. 4 Years 3 Years v Agenda Item No. 9A April 24, 2007 Page 8 of 21 Environmental Advisory Council Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term This 9 member council acts in an advisory capacity to the Board in matters dealing with the regulation, control, management, use or exploitation of any or all natural resources within the County, and the review of all land development petitions which require an environmental impact statement (EIS) per section 10.02.02 A of the Code, all developments of regional impact (DRI), lands with special treatment (ST) or Area of Critical State Concern/ Special Treatment zoning overlays, areas of the county covered by interlocal agreements, any petitions which cannot be resolved between the applicant and staff. The Board should consider a membership guideline of six (6) technical and three (3) non - technical members. Technical members shall demonstrate evidence of expertise in one or more of the following areas related to environmental protection and natural resources management Air Quality, Biology (including any of the sub disciplines such as botany, ecology, zoology, etc.), Coastal Processes, Estuarine Processes. Hazardous Waste, Hydrogeology, Hydrology, Hydraulics, Land Use Law, Land Use Planning, Pollution Control, Solid Waste, Stormwater Management, Water Resources, Wildlife Management, or other representative areas deemed appropriate by the Board such as, but not limited to, a representative of the development community. This is a Quasi - Judicial Committee. After initial appointments, terms are 4 years. On December 14, 2006, the BCC approved Ord. No. 2006 -63 adding 2 Alternate positions to the EAC. Alternate members will participate in discussions and vote when replacing a regular member. Alternate members must be technical members that can demonstrate expertise in environmental protection and natural resource management. Terms are 4 years. FL STAT. Staff: Summer B. Araque, Senior Environmental Specialist: 530-6290 _�A °'..:'^_.- �•.5• C - -- Wednesday, March 14,100 - Page 3 of £Ison_s " -rom: masons .lent: Tuesday, April 03, 2007 7:22 AM To: filson_s Subject: EAC attendance Attachments: EAC Attendance_xls Page 1 of 1 Agenda Item No. 9A April 24. 2007 Page 9 of 21 Here is spread sheet showing the EAC attendance from 2005 to present. Is there anything else you need? Bill Hughes has perfect attendance and Mike had 1 unexcused, 3 excused absences. Thanks Susan Mason Principal Environmental Specialist Collier County Environmental Services Department 2800 North Horseshoe Drive Naples, FL 34104 239 - 213 -2987 Fax: 239- 530 -6718 4/3/2007 I' Agenda Item No. 9A April 24, 2007 Paae 10 of 21 Environmental Advisory Attendance Record a0O7 P = Present E = Absent/Excused A = Absent/ Not Excused R = Resignedl NQ = No Quorum I Members = 9. 5 are required for a quonan. ®■00000■o ©o� ®o ©000�■000 ®000000■000 P = Present E = Absent/Excused A = Absent/ Not Excused R = Resignedl NQ = No Quorum I Members = 9. 5 are required for a quonan. ��� tyj O N O.- v O S �N� � - � = am m¢a C N m d � O N oN o F N m —ate rya c m m C U O U T O m G O iw 1: W 0 v � VJ N B m 0. @I 91 II B II 91 it 19 m 0. Agenda Item No. 9A April 24, 2007 Page 13 of 21 MEMORANDUM DATE: March 2, 2007 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. ENVIRONMENTAL ADVISORY COUNCIL David Bishof 9672 Litchfield Lane Naples, FL 34109 Mike Sorrell 2335 Wilson Boulevard, N.E:�t Naples, FL 34120 William Hughes 4501 Rosea Court Naples, FL 34104 Thank you for your help. COMMISSION DISTRICT 4 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774 -8097 Fax: (239) 774-3602 Agenda tTn No. 9A fA Prl Z4. 2007 1 Application for Advisory Committees/Boards Name:_Llewellyn Williams, Home Phone: 239 -592 -9852 Home Address:3824 Jasmine Lake Ct Zip Code:-34119 Fax No _592 -9852_ Business Phone:_ e-mail address: ve¢asllewell ancomcast.net Place of Employment:–Retired Board or Committee Applied for:—Environmental Advisory Committee Category (if applicable):_Retired Science Advisor, U.S. Environmental Protection Agency_ Example: Commission District, Developer, envirunmentalisq lay person, ere. How long have you lived in Collier County: Years_2 Months 8 Are you a registered voter in Collier County: Yes_x No _ Do you currently hold public office? Yes No x If so, what is that office? Have you ever been convicted of any offense against the Law? Yes No –If yes;-explain: Do you now serve, or have you ever served, on a Collier County board or committee? yes No a If yes, please list the committeesfboards: Please fist your community activities (civic clubs, neighborhood associations, etc. and positions held:_ Serve on the Board of Directors of the Naples Fishing Club, Docent to the Nature Discovery Center, Independent scientific contributor to Gulf of Mexico Alliance, Education:—Degrees: Drew University – Bachelor's degree in Zoology (minor in chemistry); Rutgers University – Doctor of Philosophy (aquatic ecology) Experience: -28 -year career with the U.S. EPA as a senior scientist in areas of eutrophication, biological method development, quality assurance, environmental measurement and monitoring; Science Advisor to the Director of U.S. EPA's National Monitoring Laboratory; Instructor- and Professor -level academic positions at Rutgers University, Fordham University, and University of Nevada -Las Vegas teaching environmental science, limnology, phycology and ecology. Over 100 peer - reviewed publications in the areas of eutrophication and nutrient dynamics, environmental measurement technology, sampling design. Since retirement – Have run multiple workshops for the Director General of the Environment, Malaysia; serve as a consultant to the U.S EPA. Please aaach any adjimonal infornmafionyau fedperBnent This application should bejora a ,kd w Sue Fdso x Execvtivc Manager to the Roard ofCounly Commissioners, 3301 East Tomioml Trm{ Naples, FL 34112 lfyou a isk, pleasejazyour applWAnion to (239) 774 -3602 or e-mail to sue!lsonfa)en![iernov net Thank you jor volunteering to serve the citizens of Colter County. Agenda Item No. 9A April 24, 2007 MEMORANDUM Page 15 of 21 DATE: March 2, 2007 TO: Summer B. Araque, Senior Envir ntal Specialist FROM: Sue Filson, Executive Manager { Board of County Commission , RE: Environmental Advisory Council As you know, we currently have vacancies on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: David Bishof 9672 Litchfield Lane Naples, FL 34109 Mike Sorrell 2335 Wilson Boulevard, N. Naples, FL 34120 William Hughes 4501 Rosea Court Naples, FL 34104 Please let me know, in writing within the 41 day time -frame, if the applicants are qualified to serve as members on the board, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF Attachments Advisory Board Application • filson_s From: dbishof @cte.cc Sent: Wednesday, February 21, 2007 8:09 AM To: filson s Subject: New On -line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774 -8999 Application was received on: 2/21/2007 8:08:46 AM. Name: avid Bisho Home Phone: 39 566 1251 Home Address: 672 Litchfield Lan City: ale Zip Code: 34109 • Phone Numbers Fax: 39 947 13231 Business: 0-9--3-4-0-05-9-31 0593 e -Mail Address: bishofmcte.c Work Place: onsul -Tech Develol2ment Service How long have you lived in Collier County: ®1 Have you ever been convicted of any offense against the law? Are you a registered voter in Collier County? 0 Board / Committee Applied for: JEnvirontnental AT-- Counci Category: echnic Page 1 of 2 Agenda Item No. 9A April 24, 2007 Page 16 of 21 Do you currently hold public ofWiice? ake Trafford Restoration Task Fore • Do you currently or ever served on a Collier County Board or Committee? Ye Please list your community activities: 2/21/2007 0 1l Advisory Board Application Page 2 of 2 Agenda Item No. 9A April 24. 2007 Paae 17 of 21 Member of the National Association of Environmental Professionals and the Society of Wetland Scientist Education: Bachelor of Science, Biology, Florida State University Master of Science, Marine Science University of South Florida Ex rience- have over 30 years of experience as an environmental biologist performing habits assessments, habitat restoration, impact assessment, wildlife surveys, water quality studies, environmental rule development and environmental monitoring. Certified Professional Wetland Scientist 2/21/2007 Feb '9 07 10:03a Tax Time,'nc. • • 239 - 353 -5932 p.1 Agenda Item No. 9A April 24. 2007 Page 1E of 21 Board of County Commissioners _ 3301 East Tamiami Trail Naples, FL 34112 (239) 774 -809i Fax: (39) 774 -360'_ '� Application for Advisory Committees /Boards Name: r 1 - =G1 C Home Phone: o;7 ;- 5 :/ j 7 7r1 Home Address: x335 /?c e y /Y Zip Code: 3'WOO Fax No.J34 3.Y3 s "'i. a- Business Phone: p?3 ° 5 i; '77j-(/ e-mail address: Place of Employment: .SCE r G m Ar Dyt %) Board or Committee Applied for. n v , _Sr_ I-, U Category (if applicable;: Esampic Commission Distrie4 De+'ebPar, lay person. ete. How long have you lived in Collier County: Yeats e% VJ Months Are you a registered voter in Collier County: Ycs___No Do you currently hold public office? Yes o No If so, what is that office:' G , /B rc v '� <: * a -.a -ri n Have you ever been convicted of any offense against the Law? Yes No X If yes, explain: Do you now ii or have you ever served, on a Collier County board or cononittees 1'es _�� \o tryes, please List the commltteeslboards: r__fa r''SQiI ;> Please list your community activities (civic clubs, neighborhood asSOeia[iORS, etc. and positions held: C- ti r &2erztl /h ar6h7f fif'lFaos o� failai�b - -e,. Education: �il/5 ?E�' Cf=C D LE7 Experience: 0 F-A,) j, Pimeanaahaly additional in*nawlonysafxlpmj.t Tik epplavti en aoorLd ueJarwnrded <n ,iue Pifaon, Etegaire ,Naaare-fo the Road ofCouas p Cna.injonrn, 3301 Pone To..iani 7hrit, Naples, FL 34117. lryou wish, p/easeJar vow application to ( 239 / ??L3607 or a-mail ro aorT/sswdcnt7rureo�:u<:'. nanR yea for velunlcering to serve the chitesn ofColGev Coaa!v. Page 1 of 3 Agenda Item No. 9A April 24, 2007 Page 19 of 21 filson_s From: Yvonne Hughes [YvonneHughes @comcast.net] Sent: Friday, March 02, 2007 10:57 AM To: filson_s Cc: yvonnehughes @comcast.net Subject: ENVIRONMENTAL ADVISORY COUNCIL REAPPIONMENT Advisory Board Application Please fill out the following form to apply for a Collier County Board / Committee. Once you have filled out all the necessary fields, click the button below. Name: William Hughes Please type your name as it appears on your voters registration Home Address: 4501 Rosea Ct. City Naples Zip Code 34104 Home Phone Business Phone Fax: 239 - 435 -3923 239 - 989 -9590 Imhor:mt: E -mail address is required to receive a copy of your application. Email Address: YvonneHughes @comcast.net Place of Employment: Hughes Video Productions How long have you lived in Collier County: 5 -10 YEARS Have you been convicted of any offense against the law? no Are you a registered voter in Collier County? yes Board or Committee Applied for: 3/2/2007 Page 2 of 3 Agenda Item No. 9A April 24 2007 Paae 20 of 21 ENVIRONMENTAL ADVISORY COUNCIL Categor} (if Applicable) Technical i.e.. Commission District. Developer Environmentalist, Citizen At- [,aree, etc. Do you currently hold public office? YES What ofllec do von hold? Chair Environmental Advisory Council Do you now serve, or have you ever served on a Collier County board or committee? YES If yes, please list the boards / committees: ENVIRONMENTAL ADVISORY COUNCIL Please list your community activities and positions held: Honorary Member Marco Island Historical Society Example: ( iN is clubs, neiphhorhood associations, etc, Education: AAS Agricultural Eng. @SUNY MORRISVILLE, U.of Ga., SUNY Enviromental & Forestry Professional Certifications of my career Waste water treatment Boiler Waer Treatment Cooling systems Water treatment Watersofting Water Filtration DeIonization Reverseosmosis Chemical Water Treatment Experience / Background 3/2/2007 Page 3 of 3 Agenda Item No. 9A April 24, 2007 Page 21 of 21 I have over 25 years experience in the water related technologies. In the past I have been charged with the responsibility for some of americas largest industrial sites in all phases water resources. I also have 4 years experience pertaining to Collier Counties Enviromental Resources and proceses. 3/2/2007 Anenda Item No. 9B April 24, 2007 EXECUTIVE SUMMARY Page 1 of 26 APPOINTMENT OF MEMBER(S) TO THE BAYSHORE /GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD OBJECTIVE: To appoint 5 members to serve 2 year terms, commencing on May 22, 2007 and expiring on May 22, 2009, to the Bayshore /Gateway Triangle Local Redevelopment Advisory Board. CONSIDERATIONS: The Bayshore /Gateway Triangle Local Redevelopment Advisory Board was created by Resolution 2001 -98 on March 27, 2001 to review the Redevelopment Plan, to make recommendations to the Community Redevelopment Agency, to receive input from members of the public interested in their respective component areas and to report such information to the Community Redevelopment Agency. Resumes will be accepted from all interested parties, including Bayshore residents, Gateway Triangle residents, Bayshore business owners, Tamiami Trail (US41) business owners, Davis Boulevard (SR84) business owners, Bayshore MSTU representatives, and at large representatives who reside or engage in business or both in the Bayshore /Gateway Triangle Component Redevelopment Area. A person who "engages in business" means an individual owning real property, or a business, practicing a profession or performing a service for compensation or serving as an officer or director of a corporation or other business entity so engaged. Consideration will be given to appointing members that have experience in the following professions: finance, banking, architecture, engineering, education, law enforcement, social work, real estate sales and development, planning or design and building construction. Terns are 2 years. A list of the current membership is included in the backup. The terms for Stephen C. Main, Bill L. Neal, Ronald A. Fowle, Lindsey James Thomas, and Rodney J. Garner will expire on May 22, 2007. A press release was issued and resumes were received from the following 10 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Derek Chorlton At -Large 2 Yes None David Woodworth At -Large 4 Yes None Jill M. Bam, At -Large 4 Yes None Maurice Gutierrez MSTU 4 Yes Bayshore Beautification Comm Cecilia C. Del Prado At -Large 4 Yes None Ronald A. Fowle - reappt Tamiami Trail Business Owner 3 Yes Bayshore /Gateway Committee Lindsey L Thomas-reap pt Davis Blvd Business Owner 4 Yes Bayshore /Gateway Committee Stephen C. Main - reappt Bayshore Business Owner 3 Yes Bayshore /Gateway Committee Christy Carlson At -Large 4 Yes None Jay Miller At -Large 4 Yes None ATTENDANCE: Lindsey Thomas: 12 meetings — attended 12 meetings Ronald Fowle: 27 meetings — attended 27 meetings Steven Main: 22 meetings — attended 21 meetings Maurice Gutierrez — new appointment Lindsey Thomas — re- appointment Ronald Fowle — re- appointment /waive 2 term limit Steven Main — re- appointment Jill Barry — new appointment Agenda Item No. 9B April 24, 2007 NOTE: Section Seven (B) of Ordinance 2001 -55 states "Terms of office for Board memb@oIe 2 of 26 shall be limited to two consecutive terms of service on any one Board..." Under (D) of the same section, it is noted that `By a unanimous vote of the Commission, the limitations set forth in subsection (B) above may be waived ". According to available records, Ronald A. Fowle has served 2 or more terms. Should the Board wish to re- appoint Mr. Fowle, the limitations on two consecutive terms will need to be waived. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 5 members with the terms commencing on May 22, 2007, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: APRIL 24, 2007 .4aench Item `X.OB ADni 24. 2007 P.gt: 3 0l 26 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 9B AppoutllTfni nt m,rndn, w the BdyShoYereieW ay Tneogle LP:3 Redevelopment Advieory Item summary) [3nard Meeting Date: 412412007 9.00:00 AM Prepared By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 3I2212007 1 tr.44.26 AM Commissioners Approved By James V. Mudd County Manager Date Board of County County ManageYS Office 4/14/2007 10 :41 AM Commissioners CRA Board Commissioner James N. Colette Commissioner Fred W. Coyle Commissioner Donna Fiala Commissioner Frank Hales Commissioner Tom Henning Advisory Board Lindsey Thomas Chairman Karen Beatty Ron Fowle Rod Gamer Chuck Gunther Steve Main William Mears Bill Neal Bruce Preble CRA stall David L. Jackson Executive Director Jean Jourdan Project Manager Agenda Item No. 96 P 2 , THE BAYSHORE /GATEWAY TRIANGLE, REDEVELOPMENT AREA?ru 24. 00 age 4of26 C OMMUNITY REDEVELOPMENT AGENCY 2740 BAYSHORE DRIVE UNIT 17 NAPLES, FL 34112 PHONE 239.643.1115 FAX 239.775.4456 April 3, 2007 Memorandum TO: Collier County CRA Board SUBJECT: Appointments The Bayshore /Gateway Triangle CPA Local Advisory Board met Tuesday April 3, 2007 and conducted applicant interviews. The Advisory Board recommends approval of the following persons for appointment to the Bayshore Gateway Triangle Local Advisory Board in the following categories: NAME Maurice Gutierrez Lindsey Thomas * *Ronald Fowle Steven Main Jill Barry ** Mr. Fowle was CATEGORY M STU Davis Blvd Business Owner Tamiami Trail Business Owner Bayshore Drive Business Owner At Large the only applicant for his category Applicants not selected: NAME CATEGORY Christy Carlson At Large Jay Miller At Large David Woodworth At Large *Derek Chorlton At Large *Cecilia Del Prado At Large *Did not attend interview session Respectfully submitted for the Advisory Board, / /S // David Jackson Executive Director;' THE BAYSHORE /GATEWAY TRIANGLE REDEVELOPMENT AGENCY 2740 BAYSHORE DRIVE UNIT 17 NAPLES, FL 34112 PHONE 239.643.1115 FACSIMILE 239 775 4456 �o V 0 O T � C N N = D. m< a c m m Q U I U U oIa�a a s CL _1 a W' Q'a'W Q a aia'a Q O o � - ���a''� w� >I 0 z aJ: iswaa; o - r -- �I I o a'alala al_ialQ. o aia a J a a wlaia o I a a l )� aai a aa aaa as i - �'laawc.aawl�a� pLtLCLa''a aaalial Q Ia a,aICL!,a.ilala'a.i a Ala CL aIia ,CL �a w CL (L aI Tc - alma a''a a �iaa aia'aII�J,a'ai a vl l'a @ a a',a g ¢ ¢'a mlw a'n a'a a aww �� -- u, + W a�!a- -_W� 21 - - l I 0-! CL: w' Q,a,a'!a�a a J�a a Q J gala alw aa'a Q'aa 0. (L a a a�a� ¢ a�a: t0 ` a a�a'a ¢ Q CL ��� aa— a CL (L a www i�aaalJaawaw J _ r � I a', a_,a_!a!a_'al� a s a a)aaaa aa,a aI'aaiala _ o! LL , �� a u LL a; �_L aft 7 a�a - n aiaia iQ'a CLCC( a s a a a T III cl cl 3 a'a'a CL J CL 2 J3 _ -,. _ r�aaaaaJ,aa Nasaa ;Jaa al oaas3��'aia. Iol N N.- a_ ��`�- - - - -- D 16i N_ C ..L.� i— E O. Elio'3IEIcFUI� m rni iE,m3.Eic�Uim!m o� 16 J,N m 3 ��'._ 7':ELN mmlo,� SIN E'er NL MIT O,f6 7 t6 U,N'N N f6 N O't6i7 16 Zlfl]ILL!C9 (7 rL l�'�IZ J 'A oi(D 2 � Z!1 -' iNl OIl6l mllL �l:> �j�IZ H a Agenda Item No. 9B April 24, 2007 Page 6 of 26 Bayshore /Gateway Triangle Local Redevelopment Advisory Board Name Work Phone Home Phone Appt'd DateRe -apps Exp. Date 2ndExpDate Term 2nd Term Ms. Karen L. Beatty 261 -2244 09/21/04 05/22/06 2 Years 3113 Basin Street 775 -5385 04/25/06 05/22/08 2 Years Naples, FL 34112 District. 4 E -Mail• klbeatty48@aol.com Mr. Stephen C. Main 774 -0222 District. 4 05/22/07 2 Years 15 Newbury PI 455 -2459 Category: Bayshore Resident Naples, FL 34104 Mr. Charles H. Gunther 774 -6662 04/30/02 05/22/04 2 Years 2448 Bayside Street 774 -6662 04/25/06 05/22/08 2 Years Naples, FL 34112 E-Mail. FLGunther @comcast.net District: I Category: Gateway Resident/Business Mr. William C. Mears 04/30/02 05/22/04 2 Years 3804 Clipper Cove Drive 774 -7747 04/25/06 05/22/08 2 Years —= Naples, FL 34112 E -Mail: wcmearsl @comcast.net District. 4 Category: Bayshore Resident/At Large Mr. Stephen C. Main 774 -0222 05/24/05 05/22/07 2 Years 15 Newbury PI 455 -2459 Naples, FL 34104 E -Mail: gsmservice @earthlink.net District: 3 Category: Bayshore Business Mr. Bill L. Neal 05/22/01 05/22/03 2 Years 4800 Yacht Harbor Drive, #822 774 -6325 05/24/05 05/22/07 2 Years Naples, FL 34112 E -Mail: District: 4 Category: MSTU Member // Friday January 26 1007 Page 7 of Agenda Item No. 9B April 24, 2007 Page 7 of 20 Bayshore /Gateway Triangle Local Redevelopment Advisory Board Work Phone Appi'd Exp. Date Term Name Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. Ronald A. Fowle 774 -4400 06/26/01 05/22/03 2 Years k \ 2595 E. Tamiami Trail 05/24/05 05/22/07 2 Years ✓ Naples, FL 34112 E -Mail: ronkybrie@aol.com District: 1 Category: Tamiami Trail Business Owner Mr. Bruce S. Prelble 4703 Lighthouse Lane Naples, FL 34112 E -Mail: brucep @weishfl.com District. 5 Category: At -Large Mr. Lindsey James Thomas 1925 Sixth Street South Naples, FL 34102 E -Mail: volant @sprintmail.com District: 4 Category: Davis Boulevard Area Mr. Rodney J. Garner 3024 Round Table Court Naples, FL 34112 E Mail: District. I Category: At -Large 261 -4744 01/23/07 05/22/09 2 Years 537 -5299 254 -8822 04/25/06 05/22/07 1 Year .-A, 261 -4033 775 -7637 01111105 05/22/05 4 mo. 643 -1007 01111105 05/22/07 2 Years �•..• .3V':. Wffi:ZT.'..H.. _`F..F'2 *•_:�1 "A0�.52'E:� :`yRT. "_fb. ':, .::. -. A45rTF'..3n.�aFSPm4.:A6 '.� -. '. % ^SVH4. WF� +'� -: >::: Friday, Jamary 26, 2007 Page 2 of 3 Agenda Item No. 9B April 24. 2007 Paae 8 of 26 Bayshore /Gateway Triangle Local Redevelopment Advisory Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term On March 14, 2000 the Board of County Commissioners adopted Resolutions 2000 -82 and 2000- 83 establishing the Collier County Community Redevelopment Agency and identifying two areas within unincorporated Collier County (Bayshore/Gateway Triangle and Immokalee) as areas in need of redevelopment In addition, Resolution 2000 -83 authorized the creation of Local Advisory Boards by separate resolution to assist in the implementation of the redevelopment plan. The CRA adopted Resolution 2001 -98, which included a set of bylaws for the Bayshore/Gateway Local Redevelopment Advisory Board. On 6/13/03 the CRA Board adopted Resolution 2003 -217 revising the membership to add 2 members for a total of 9 members; 3 can be at -large in district FL STAT Staff. David Jackson, CRA Executive Director. 643 -1115 (- _-.._ g._-, ,�_ _ .•,�,s:;�,�,. � =m ,n:•r _. . ;.�#, �� -.,..- � .mow- .,.- ,,ar -�:�- :� .__ Friday, January 26, 2007 Page 3 of 3 W -` MEMORANDUM DATE: March 23, 2007 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commission RE: Voter Registration - Advisory Board Appointments Agenda Item No. 9B Lo April 24, 2007 +-+ Page 9 of 25 N x a CD C+1 ce 4X The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. BAYSHORE CRA Derek Chorlton 561 Ridge Drive Naples, FL 34108 David Woodworth 2735 Lakeview Drive Naples, FL 34112 COMMISSION DISTRICT Jill M. Barry .A� 190 Windmwd-Way— X63 (2/P, uF� l r. 35v / _Naptor F1 34103, /-�Afz_ES f (- 3yi0 5� Maurice Gutierrez 2735 Shoreview Drive Naples, FL 34112 Cecilia C. Del Prado 2864 VanBuren Avenue Naples, FL 34112 Ronald A. Fowle 3638 Cedar Hammock Court Naples, FL 34112 Lindsey J. Thomas 1925 Sixth Street South Naples, FL 34102 Stephen C. Main 15 Newburg Place Naples, FL 34104 Christy Carlson 40 ew Moon t. Naples, FL 34112 Jay Miller 2372 Harbor Road Naples, FL 34104 15tio .give YLa�Pes Thank you for your help. A-7 A ve ( _#f 7 FG -3q/o?, Agenda Item No. 9B April 24, 2007 Page 10 of 26 Agenda Item No. 9B April 24. 2007 MEMORANDUM Page 11 of 26 DATE: March 23, 2007 TO: David Jackson, Executive Director Bayshore CRA FROM: Sue Filson, Executive Manager Board of County Commission j RE: Bayshore /Gateway Triangle Local Redevelopment Advisory Board As you know, we currently have vacancies on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Derek Charlton 561 Ridge Drive Naples, FL 34108 David Woodworth 2735 Lakeview Drive Naples, FL 34112 Jill M. Barry 390 Windward Way Naples, FL 34103 Maurice Gutierrez 2735 Shoreview Drive Naples, FL 34112 Cecilia C. Del Prado 2864 VanBuren Avenue Naples, FL 34112 Ronald A. Fowle 3638 Cedar Hammock Court Naples, FL 34112 Lindsey J. Thomas 1925 Sixth Street South Naples, FL 34102 Stephen C. Main 15 Newburg Place Naples, FL 34104 Christy Carlson 4084 New Moon Ct. Naples, FL 34112 Jay Miller 2372 Harbor Road Naples, FL 34104 Aaenaa Item No. 9B April 24, 2007 Paae 12 of 26 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time- frame, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF Attachments 03/2212007 ° ;2a 12397743682 BCC OFFICE Agenda Item 2 tem 9B April 24. 2007 Page 13 of 26 Board of County Commissioners 3701 East Tmoiami Trail NapW4 IM 54112 (239) 77"097 Fm (239) 77"602 Application for Advisory Committees/Boards Name: E /Q.L` Y G 1a'm iL L"� O ^i Home Pbo■r, someAddnat J b �'�GF �2 NRP�S yip Coda 05 e.mladdnFu NoT99 '> "6Gi8 HabesPboet3 i m CflM Mee ofEmp"ont )'0)ktN K. tIoo'z, RtRti aTA1L lob �3M ASS• NApX-S neaN or Commltat Appiied fora 'MAYS Ro ht �!} stn+ g") tv 1� ^ ' t na��1 14 How long have you lived is Collier County°• Years �2 Mastic 1 d Are you a ee&tered voter in Collier County: Yes ,No aCM "r0_�PdbK.�G p�tKRA� s fwg-c be you currently bold pebtic ofDWT Ya No If so, what is t*M amaT Have you ever been convicted of aoy offense against the Law? Yes No V 1rya, •aputa: _ Da yse eon wr.e, a nave you er.r rarved, n ■ Collier Coaat7 board ar eoaalttee: Yw _ `� No If yet, pleue Nit tTa eealnnNea�bonrdl: _ _ _ _ _ pleat fkot war eommantty sedvltles (oirk olube, aeigbboraood anociatiow, etc. nod positions 7 (V F Edacatloa: 1`OYA�- f -i3O... FpcLGL U.v��di0.s,Y'1 �A.r.R.�cN.s- Q r�aLt�pCi'C.��.f; ON^� cAttx G14�00.�fCd - a �1r.f AP.+��. � S'li Fre.ne etru ray .dao'or yprw,aroaFaafnarnea + a: r WMWMataaeaIDVtor r4evtosw FUN^ rtaannre,xt me soar' of Como* Commbdewm .ite7 Eat raalawl h4 NOW, Jn .V11). d/rft,r&k rJnwJkt Yw n of Ct3!) 77lJd6iweanslPNta tllYottlka{h'e�la� f7�mteyoalm7etnnsedneWanetar tlttraio ofCo@w Caop. Ll i 0 Board of County Commissioners 3301 East Tamiami Trail Napies, FL 34112 (239) 774 -8097 Fax: (239) 774 -3602 Agenda Item No. 9B April 24, 2007 Paae 14 of 26 l r/ Application for Advisory Committees /Boards Name: David Woodworth Home Phone: 239- 774 -5060 Home Address: 2735 Lakeview Drive Zip Code: 34112 Fax No. 775- 562 -5700 Business Phone: 239-793-6642 e-mail address: Woodworth @naplessunreafty.com Business: Agent (Sun Realty, LLC) and Business Owner (Voice Box Services Inc.) Board or Committee Applied tar: Bayshore /Gateway Triangle Local Redevelopment Advisory Board Category (if applicable): Member At Large, Example: Commission District. Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes X No Do you currently hold public office? Yes No X If so, what is that office? Do you now serve, or have you ever served, on a Collier County board or committee? Yes No X If yes, please list the committees/boards: Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: 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 Hi 2h School and Shadowlawn Elementary School Business Owner (1993 - present) Voice Box Services Real Estate Sales (1 994 present) Blue Bill Properties (four years) now with Sun Realty LLC for over two years Please attach any additional information you fed perdnmt Tha app4cadon should be forwarded m Sue Filson, E.xecudveMonager to the Boord of Courtly Commissioners, 3301 East Tomiami Trail Naples, FL 34112 Ifyou wish, please f" your apphortion to (239) 774 -3602 or email m suetilsonrauv,llicrvo i - .ne1 Thank you for volunteering to serve the cidzmv ofCo/lier Coomy. Advisory Board Application filson_s " crom: jbarry@naplesgarden.org *t: Thursday, March 22, 2007 12:00 PM To: Filson s Subject: New On -line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774 -8999 Application was received on: 3/22/200711:59:36 AM. Name: Ltill M B Home Phone: 39- 398 -6533 Home Address: 1390 Windward Wa City: a les Zip Code: "4103 Phone Numbers Fax: 39- 649 -730 Business: 39- 643 -7275 c -Mail Address: libarrv6c naplesgar den.or Work Place: Naples Botanical Garde How long have you lived in Collier County: 1©- Have you ever been convicted of any offense against the law? Are you a registered voter in Collier County? Ye Board / Committee Applied for: oa shore Gateway Triangle C Category: member at Laze or Ba shore Business Owner rinci le Do you currently hold public offfice? Do you currently or ever served on a Collier County Board or Committee? Please list your community activities: Education: 9A--Lafayette College, Easton P 3/22/2007 Pale l of 2 Agenda Item No. 9B April 24. 2007 Page 15 of 26 Advisory Board Application w F- IL J 3/22/2007 Page 2 of 2 Agenda Item No. 9B April 24, 2007 Paqe 16 of 26 Currently, Director of External Affairs at the Naples Botanical Garden, where I am responsible for verseeing all interactions with the public and the Garden, from general awareness through marketing d PR to the visitor experience, recruiting and retaining members, soliciting and stewardship of major onors as we embark on a $55 million capital campaign. All Garden -run special events and fundraisers, is well as the volunteer program, the store and education efforts are under my purview. Before service t NBG, I was the Director of Development at the Walters Art Museum in Baltimore, MD. MAR -22 -07 07:40 AM DIAMONDCARPETINC 94L 774 7022 ':ame :- 1kuri.re Guilt _.. ......._—Hone rhone:774 -7022 Some Address: 2736 Shoreview Dry_ ZlpCode; 34112 P.01 Agenda Item No. 9B April 24. 2007 Page 17 of 26 i I IazNo. 775 -3$17 BuslncssPhnnr: 263 -0572 — e-ma0address' mgutetr1893 @earthlink.net Board or Committee Applied for: sy bore MSTU board member /CRA position category (irappllcablc)_ BaYshore..!1STU member . awr ♦.nmmn.roa I.nviel. Dtarin «r. ru. iroawenaain. br oernm. elt. Are you a registered voter in Collier County: Ves Do you currently hold public olTirt' Yes _ ,_ ,.,,_ No Do youao+scnc, or We you,%or untd, ooa Collie r County bard or commitim! t.a X NA, ifr.a,pkau l'nt tae <ommittorJhoerdc ___.. .. .. —... -- ly -*ST 44 ., h,,.n — _._._ (lease nst your community acth -itoo (civir Hubs, neigMMrhood assoclatioas, etc. and p0itions held: iducailou: ,,,. ,nwrrwNwrafYasi UJaraeeaonynafM JrrtuwM 77rbspy�Y'rir.n fawMMJnnrrKNMJar eJLSMy treNltx Mwyrr ..,.nu w , rr'..:...vdMntFMr ;s. 3- D; we P.r.`.r,� . � ,• n,.,t.,.: I :::::. n n�. .:::. (+:urlu :.v glparM.w b rJ+o/flld6d: xr nxMAM iF.rA iix.fx.+wunUrrixg ar,rnvd: cal; rn, j/rM/rr f,rxp' ... , _ rti h .,. r�leira111eaik 09/15/2007 02:56 2397320976 ml CEC;ILIA BROWN Board of County Commissioners 3301 East Tamiami Trail Napka, FL 34112 (239) 77444 Feat (239) 7743602 Application for Advisory Committees/Boards PAGE 01 Agenda Item No. 9B April 24. 2007 Page 18 of 26 a��/t ems/!/ Home Pbone if7`/J' Home Address: n G / �a P Zip Code: 7` 11- _ Fax No.�(�q� Basilicas y Phone: ��� �I fl'� e-mail addresa:�r�! IDS�G_ id_ CC1Yr� Place of Employment• t /�%S / 7/rf -721 Board or Committee Applied for: ZZel Category (if applicable): axemply Commbslon D'wtriet, DevN per. thVinsameaiahm Icy person, etc. How long have you lived in Collier County: Years Months Are you a registered voter in Collier County: }'es ✓ / No Do you currently bold public office? Yes No / If so, what is that office? • Have you ever been convicted of any offense against the Law" Yes No r/ If yes, explain: • DO you now icrva or have you ever sorved, on f Collier County board or committee? Yes No It yes, please list the commiteees/beards: Please list vout commttnity activities (civic clubs, neighborhood associations, etc, and positions held: Education: cr Experience: L`5r /�W �i L� �/� U Pkate abaci tmy additional m/ormaaan mu lee! peMtnnrt This gpp/trafi9a,rhmdd he jmwarded to Sur FrYron, xcvlrvr Alangerr to the aorad ojcoa m Cnmam Mers, ml Sar1 Tammmt Trail. Naples. FL 30112 /jyw wish, pleaer ja wMw npplicalwn to (= 39)774.3602 or e.mav W 77mnk poi jot vohwteertet7 to serve'he War= njcolhev County L Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34132. '' (239) 774 -80" Fax: (239)774 -3602 Agenda Item No. 9B April 24, 2007 f 2 Application for Advisory Committees /Boards Name: C �� L� ' `— U �� �F Home Phone: 5 4 — c) C) �J ( C Z_ C -i Home Address: �� �C c� fl 1 1� 'Lip Code: 3 Fax No. `] � � — �'Cl Business Phone: ti — I Vfq -mail address: 7cN 1<y Place Board or Committee Applied --r- 1 Category (if applicable): Example: Commission District, Developer, environmentalist, lap person, etc. How long have you lived in Collier County: Years Months_ Are you a registered voter in Collier County: Yes�_No ._.�Do you currently hold public office? Yes No If so, what is that office? Have you ever been convicted of any offense against the Law? If yes, explain: Do you now serve, or If yes, please list the t Yes ever served, on a Collier County board or committee? Yes _�4_ No Please list vour community activities (civic clubs, neighborhood associations, etc. and positions r0 l \I Please attach any additioml infnrneation you fee /pertinent This applicaGaM should he forwarded to Sue Filson, Executive Manager to the Board of County Commissioners, 3301 East Tamiami Trail, Naples, FL 34112. Ifyou wish, please fax your application to (239)774 - ^3602 ore- ad `�erilson(e�coll iieereovine ''i,,Thhank you fory�unteering to serve the citizens of Collie, C-6xunty. AS�lcl\'Wss ti 1 saal�s • Donna Fiala District 1 Frank Hales District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 • Agenda Item No. 9B April2 QfxX� Q�CXItiP/� �G2G0792J/Zt /.1�T�92f%d Aa9e D 3301 East Tamiami Trail • Naples, Florida 34112 - 4977 (239) 774 -8097 • Fax (239) 774 -3602 Mr. Ronald A. Fowle 2595 E. Tamiami Trail Naples, FL 34112 March 2, 2007 Subject: Bayshore /Gateway Triangle Local Redevelopment Advisory Board Dear Mr. Fowle: Your term on the above - referenced advisory committee expires on May 22, 2007. In accordance with Board policy, the enclosed press rcicase has been sent to the appropriate news media. We appreciate the amount of time and effort you have put into the activities of this committee. Although our records indicate you have served two or more successive terms, the Commission will consider all applications received and may waive the two -term limitation if no other qualified volunteers apply. If you wish to he consideicdTor another term please complete and submit the encTose3application to this office by the March 23, 2007, deadline or you can access our on -line form at www.colliert;ov.net. If you have any questions regarding this procedure, please do not hesitate to contact me at 774 -8097. sf Enclosure cc: David Jackson. Executive Director r Sincerely, Sue Filson, Executive Manager Board of County Commissioners -t- 1 I f � J Advisory Board Application fIlson—s °rom: volant @sprintmail.com *t: Thursday, March 08, 2007 12:22 PM o: filson s Subject: New On -line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774 -8999 Application was received on: 3/8/2007 12:22:21 PM. Name: Lindsey J Thoma Home Phone: 39- 261 -4033 Home Address: 11925 Sixth Street Sout City: a les Zip Code: 34102 Phone Numbers Fax: 39- 254 -508 Business: 39- 254-882 e -Mail Address: olant(&s rintmail.co Work Place: rTA Associates, In How long have you lived in Collier County: 5 -1 Have you ever been convicted of any offense against the law? Page l of 2 Agenda Item No. 9B April 24, 2067 Page 21 of 26 Are you a registered voter in Collier County? ©e Board / Committee Applied for: Oayshore/Gateway Triangle Redevelopment Ad isory Boaz Category: of indicate Do you currently hold public offfice? urrent Chairman of the Bayshore/Gateway Triangle Adviso Boaz Do you currently or ever served on a Collier County Board or Committee? ©e Education: B Universitv of Miami 3/8/2007 Advisory Board Application r � U r 1 U • 3/8/2007 Page 2 of 2 Agenda Item No. 9B April 24, 2067 Experience: Paae Have been CEO of several private companies and Senior executive positions with a mulitnational company. 22 of 26 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774 -8097 Faz (239) 774 -3602 Agenda Item No. 9B .. - April2sL,.2QO7 X Page 23 of 26 I i jr Application for •A/dvisory Committees/.Boards U Name: �7 // ©l i9/ Home Phone: 7' /SS� Z ys9 Home Address: / S ✓ y e�w � r / - Zip Code: '37�UT L Fax No.%i._ �7y— SS�StirBusiness Phones 239- �fi OLZ7ie -maa address: aS»+ rewrcer2 rQr��✓in c. He� `. e v y Board or Committee Applied for: S�iG dlAf / Qd Visa �G 2 AV Category (if plicable): Example: Commission District, Developer, en onmentalisq lay person, etc. Are you a registered voter in Collier County: Yes �No/ Do you currently hold public office? Yes No l/ If so, what is that office? - Do you now serve, or have you ever served, on a Col 'er CountyJtoardorcommittee? Yes No If Xestplesse list theRmmitte�/Isoards:�q ry iM Please attach any addidonal inforrrmdon you fee! pertinent This application should be forwarded to Sue Filson, Executive Manager 2 •Jae Board of Caumy tonunissianCasro .ipl Past Tamiam! Traly Naples er 34712., rve the wish, phase fax your applic ( 239 )774 -3602 or e+ntil to sueTdsnrsa7cnlbereay. uet Thank you for volurdeering ro serve We citizens ojCouier Caunry- ��f PUG -- -200 C9:2EF °ROf': MICR '_LE MaC:2 :2 ?5:'. 3.-ic =115 TL:7743502 F. 1'1 Agenda Item No. 9B April 24. 2007 Page 24 of 20 Board of County Commissioners ' -' 3301 F40 Tamiami Tn8 L Naples, FL 34112 ' F ( 97 (2 774.80 Pax:x:(239) 77F3602 Application for Advisory Committees /Boards Name: �f1r'15 fCQQ�r� j01'� Home Phone: 22/39 /'SB�y Home Address:_ �UV7 A(J Mon Cf ' NT21p Code: ✓ l �I � ' Fax No. Business Phoo 2M e-mail address: 02an-6 (2ir )Aop Business: lV1 4eY'10r A®S>et i/l hel 7W1 Board orCommkin Applied for._IX(,1� h>,i �iA latl �Ytkl'>:{je LzAl ROSY Category (if applicable) esamplr a■winim District, Developer, vltw�rlet,brvanoa.em Are you a registered voter in Collier County: 'Yes__)�_No Do you currently hold public onicc? Yes No _ tr so, what is then emea? Do you now same, or have you ever Served, One Collier County hoard a committee? Yes Vo If yes, pies" list the cemm leteulboardr Ples "c list your community activities (civic dubs, nelghborhood associations, eta and Positions held: Pleaaevtwi nay addalaasllq /srweloayvafedperakeat 1tYr gppdk9doe$ wdd Erferwwrbd u.4aflaea, FJO.vtdSeNaOyer ro ti" aoerd ofCeeaty Cummlesloaerr, 3301 Emt TWW&W Truk Nap/ts. FL 34112. tfym woes, pAvw fax>wr appamnan ro '39ir71i602 Owq Tsn}tfororweeHnr ros Ike tlnau ofCMeCon( o ry. Advisory Board Application filson_s prom: jay @jaysfabrics.com Sent: Friday, March 23, 2007 3:50 PM To: filson s Subject: New On -line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774 -8999 Application was received on: 3/23/2007 3:50:26 PM. Name: a Mille Home Phone: 39- 417 -920 Home Address: E372 Harbor R City: a les Zip Code: 4104 Phone Numbers Fax: 39- 435 -001 Business: 39- 435 -7222 e -Mail Address: a (qja ysfabrics.co Work Place: bay's Fabrics 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? Ye Board / Committee Applied for: a shore C Category: of indicate Do you currently hold public offlice? Do you currently or ever served on a Collier County Board or Committee? Fo Please list your community activities: Page 1 of 2 Aaenda Item No. 93 April 24. 2007 Page 25 of 26 Education: FG duated from George Mason Universitv in 1991 with a decree in Public Administratiord 3/23/2007 Advisory Board Application 3/23/2007 Page 2 of 2 a Item No. 9B April 24. 2007 Experience: Pao Over 10 years property management experience in the Northern Virginia, D.C. area. Specialized in single family homes and small apartments. I have lived in Collier County for over 10 years. I own commercial property in both the City of Naples and Collier County. I own and manage a business that is located in the Bayshore/Davis Triangle area 26 of 26 Agenda Item No. 9C April 24. 2007 Page 1 of 6 EXECUTIVE SUMMARY RECOMMENDATION TO DECLARE A VACANCY ON THE AFFORDABLE HOUSING COMMISSION OBJECTIVE: To declare a vacancy on the Affordable Housing Commission and to direct staff to issue a press release soliciting resumes in an effort to fill the vacant position. CONSIDERATIONS: Ordinance No. 2001 -55, Section 8, reads as follows: "It is the intent and strong desire of the Commission that there be full attendance of advisory Board members at all meetings of the Boards, recognizing, however, that it may be necessary for Board members to be absent from a meeting due to unusual or emergency circumstances. Nevertheless, full attendance at Board meetings is encouraged and necessary for the proper operation of the Boards and in furtherance thereof the following requirements are established: A. Any Board member who is absent for more than one -half of the Board's meetings in a given fiscal year shall be deemed to have tendered his or her resignation for such Board. The Commission shall, as soon as practicable after such resignation, declare the position to be vacant and shall promptly fill sane pursuant to the provisions of Section Six herein. The Board member shall not serve at any meetings after his or her position is declared vacant by the Commission. B. In the event that any Board member is absent from two consecutive Board meetings without a satisfactory excuse acceptable to the Board chairman, the Board chairman shall state such fact at the next regularly scheduled Board meeting and shall thereafter notify, in writing, the Administrative Assistant to the Commission of the Board member's failure to attend without satisfactory excuse. The Commission shall review the Board Chairman's notification at a Commission meeting and shall declare the Board member's position to be vacant if the Commission concurs that the Board member was absent from two consecutive Board meetings without a satisfactory excuse and shall promptly fill same pursuant to the provisions of Section Six herein. The Board member shall not serve at any meetings after his or her position is declared vacant. C. A member of a Board shall be deemed absent from a meeting when he or she is not present during at least 75% of the meetings. Attached is a memorandum from Ken Kelly, the Chairman of the committee requesting that the Board of County Commissioners declare a vacancy on the committee and direct staff to advertise to fill the vacancy. Mr. William R. Cadwallader has had 3 unexcused absences. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation to declare a vacancy on the Affordable Housing Commission and direct staff to issue a press release soliciting new members. It is also recommended that the Board of County Commissioners direct the County Attorney to prepare a resolution declaring the position vacant. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Date: APRIL 24, 2007 5gend� Item W 9C Aprr 24, 2007 Pay, 2 of 6 COLLIER COUNTI' BOARD OF COUNTY COMMISSIONEPS Item Number: v„ Item Summary: PaCernmendat,Ou f0 declare e vacancy en thA Affordabre .Hnusmg Commission. Meeting Date: 41741200-, 9 0090 AM Prepared By Sue Filson Executive Manager to the BCC Date Board of County BCC Office Commissioners Approved By James V. Mudd County Manager Date Beard of County S Office V1612007 6:64 PM County ManageY ff Commresionery Aganca Item No. 9C April 24. 2D07 Page 3 of 6 Collier County Affordable Housing Commission Memo To: Sue Filson, Executive Manager to BCC From: Ken Kelly, Chairman Collier County Affordable Housing Commission Ray Cadwallader has had 3 unexcused absences as a commission member of the Affordable Housing Commission. As described in the Collier County Affordable Housing Commissions Rules and Regulations, the Commission is asking the Board of County Commissioners to terminate Ray Cadwallader as a commission member and declare a vacant seat. Sincerely, Kenneth Kelly Chairman Aaenda Item No. 9C April 24, 2007 Page 4 of 6 Affordable Housing Commission Mr. William R. Cadwallader 11/13/01 10/01/04 1090 Egrets Walk Circle 514 -4082 10/26/04 10/01/07 Naples, FL 34108 E -Mail: District: 2 Category: Attorney/Business Administration Mr. Miguel A. Castillo 598 -7565 09/12/06 6481 Autumn Woods Blvd. 566 -7176 Naples, FL 34109 E -Mail. miguel.castillo @wachovia.com District. 2 Category: Finance /County - ALTERNATE Mr. George R. Smith 226 -7479 09/12/06 509 Courtside Drive 263 -4434 Naples, FL 34105 E -Mail: District: 3 Category: Rloanarranger @aol.com Ms. Esmeralda Serrata 657 -3649 05/24/05 603 Nassau Street, Apt. 4 657 -5838 Immokalee, FL 34142 E -Mail: cchafl @aol.com District: 5 Category: Collier County Housing Authority Monday, April 09, 2007 Page I of 10/01/07 10/01/09 10/01/08 3 Years 3 Years 1 Year 3 Years 3 Years Work Phone Appt'd Exp. Date Term Name Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. James Al Pusateri 02/13/07 10/01/09 2 Years 4971 Carromar Drive 775 -7029 Naples, FL 34112 E -Mail. jpusat6700@aol.com District: 1 Category: Attorney and Judge Mr. William R. Cadwallader 11/13/01 10/01/04 1090 Egrets Walk Circle 514 -4082 10/26/04 10/01/07 Naples, FL 34108 E -Mail: District: 2 Category: Attorney/Business Administration Mr. Miguel A. Castillo 598 -7565 09/12/06 6481 Autumn Woods Blvd. 566 -7176 Naples, FL 34109 E -Mail. miguel.castillo @wachovia.com District. 2 Category: Finance /County - ALTERNATE Mr. George R. Smith 226 -7479 09/12/06 509 Courtside Drive 263 -4434 Naples, FL 34105 E -Mail: District: 3 Category: Rloanarranger @aol.com Ms. Esmeralda Serrata 657 -3649 05/24/05 603 Nassau Street, Apt. 4 657 -5838 Immokalee, FL 34142 E -Mail: cchafl @aol.com District: 5 Category: Collier County Housing Authority Monday, April 09, 2007 Page I of 10/01/07 10/01/09 10/01/08 3 Years 3 Years 1 Year 3 Years 3 Years Aoenda Item No. 9C April 24, 2007 Pace 5 of 5 Affordable Housing Commission Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. John Barlow 649 -6380 02/13/07 10/01/10 3 Years 4351 Gulf Shore Blvd., N, #I 9N 649 -6380 Naples, FL 34103 E -Mail: johnbarlow @lerivage.net District. 4 Category: Safelite auto Glass Mr. Larry H. Fleming 563 Park Shore Drive Naples, FL 34103 E -Mail: NaplesRealEst @aol.com District. 4 Category: City s `Jr?�o'l Ms. Mary Strutz k 1' 271 Aqua Court, P.O. Box 1646 Naples, FL 34102 E -Mail: mary.strutzf @gmail.com District: 4 Category: City of Naples 659 -6464 05/09/06 434 -2120 11/19/03 263 -0697 11/19/06 Mr. Kenneth Kelly 435 -0014 03/28/06 4260 16th Street, N.E. 354 -2021 Naples, FL 34120 E -Mail: ken @kellyroofmg.com District. 5 Category: Roofing Contractor - Resides East of 951 Ms. Christine D. Straton " ed 4260 Montalvo Court f�5(T,a1 Naples, FL 34109 3 E -Mail: chrisstraton @yahoo.com District. 3 Category: COUNTY - REGULAR Monday, April 09, 2007 05/24/05 597 -8849 09/12/06 04/18/09 11/18/06 11/18/09 10/01/07 10/01/07 10/01/09 3 Years 3 Years 3 Years 1+ Year 2 + Years 3 Years n _ _ Page 2 of 3 Agenda Item No. 9C April 24. 2007 Page 6 of 6 Affordable Housing Commission Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term This 9 member commission was created on July 23, 1991, by Ordinance No. 91-65, to monitor the implementation of the Affordable Housing Task Force's Recommendations, and the goals, objectives, and policies of the Housing Elements of the County's Growth Management Plan and the City's Comprehensive Plan. Terms are 3 years. Amended by Ordinance No. 2005 -69: the BCC will appoint 8 members, including the alternate member, two of which must live in the Rural Area (East of Collier Boulevard), and one of those must be a resident of Immokalee. The City of Naples will appoint 2 members. The commission shall be comprised of members from the county -at- large, the City of Naples -at- large, the development community, affordable housing providers, financial institutions, the legal profession and realtors. On 12/14/04 the BCC adopted Ordinance 2004 -77 to add 1 Alternate member to be appointed by the BCC. The Alternate member shall serve in a voting capacity only when a regular member is absent from a meeting. On December 13, 2005, the BCC approved Ord. No. 2005 -69 changing the composition of the committee, 9 members and 1 alternate. The BCC will appoint 8 members, including the alternate (2 of which must live in the Rural Area (East of Collier Boulevard), and one of those must be a resident of Immokalee) and the City of Naples will appoint 2 members. Jessica Rosenberg, Deputy City Clerk 213 -1015 FL STAT.• none Staff. ecrnTaTtnt %Y1N' ry K'humbL w 77V - 8W/�- Monday, April 09, 2007 - Page 3 of 3 _ __. Agenda Item No. 10A April 24. 2007 Page 1 of 48 EXECUTIVE SUMMARY Recommendation to approve Contract Amendment No. 2, Exhibit E, for a Guaranteed Maximum Price (GMP) in the amount of $38,533,902, under Contract No. 04-3609, "Construction Manager at Risk Services for the Collier County Emergency Operations Center', with Kraft Construction Company, Inc. (KCCI) for the building construction portion of the Emergency Services Complex, project number 52160. OBJECTIVE: To approve Contract Amendment No. 2, Exhibit E, for a Guaranteed Maximum Price (GMP) in the amount of $38,533,902, under Contract No. 04 -3609, "Construction Manager at Risk Services for the Collier County Emergency Operations Center ", with Kraft Construction Company, Inc. (KCCI) for the building construction portion of the Emergency Services Complex, project number 52160. CONSIDERATIONS: A $1,859,400 contract with Harvard Jolly Clees Toppe Architects to design the Emergency Services Center (ESC) was approved by the Board on June 10, 2003, agenda item 16158. On September 13, 2005 the Board approved item 10H, a $91,750 contract change with Harvard Jolly to site adapt the ESC to Ley Cultural Parkway. The Site Development Plan (SDP) for the ESC and South Regional Library was submitted on May 15, 2006 and was approved on November 17, 2006. The ESC building permit application was submitted for simultaneous review and is still under review. KCCI was awarded the Construction Manager at Risk contract for the ESC on March 23, 2003, agenda item 16E6. KCCI is performing all of the site work for the ESC and South Regional Library (SRL) as approved by the Board of County Commissioners on December 12, 2006, agenda item 10.K. The SRL will be bid separately and is planned for presentation to the Board in May 2007. On March 27, 2007 KCCI submitted a $44,230,345 GMP proposal for the building construction related to the ESC project. The GMP was formulated by KCCI through the solicitation of subcontractor bids. At this price, the project would be significantly over budget. KCCI, the Facilities Management Department and the design professional met to evaluate any potential items for reducing the proposed contract cost. Additionally, staff reviewed the furniture, fixtures and equipment (FF &E) requirements to reduce project costs. A reduced GMP amount of $38,533,902 has been proposed based on over 20 items, most of which do not reduce the project scope. As an example, the design calls for off -site pre -cast concrete wall panels and by changing to site -cast wall panels, over $1 M in cost avoidance can be recognized with the added benefit of reducing the project schedule by three months. Additionally, the purchase of some large equipment, such as two 250OKW generators, has been pulled out of the GMP and is planned for direct purchase by the County. The current project budget includes over $10M for FF &E. In order to keep the project within budget, a review of the requirements of the various occupants and their current FF &E was conducted. The FF &E list included items for the Sheriffs 911 center, these items will be purchased by the Sheriff from the Wireless 911 Fund 189 and E911 Fund 199, not from the project budget. Many of the occupants have FF &E that can be relocated to the new building, Agenda Item No. 10A April 24, 2007 Page 2 of-' 8 but items such as telephone switches, communications equipment and Emergency Management's Operations Center work stations still need to be purchased. Accordingly, this line item has been reduced to $4,500,000. The proposed contract amendment to incorporate the GMP with KCCI is based on the following project cost estimates: Design Professional Services for Inspections and Misc. Fees Permitting and Impact Fees Site Work GMP (BCC approved 12/12/06, 10.K) Proposed Building GMP Owner provided equipment (generators, UPS) Builder's Risk Insurance and Other Project Costs Commissioning (FF &E) Contingency TOTAL Project Estimated Costs 2005 Bond Proceeds EMS Impact fee (FY2003) General Fund project support (113 mill) Commercial Paper (budgeted) SUBTOTAL Available Funds State Grants (anticipated)* TOTAL Funding Total estimated project excess (shortfall) Undated Cost Estimates $2,370,000 $546,450 $1,346,932 $4,195,820 $38,533,902 $1,800,000 $1.075,000 $4,500,000 $1,275,000 $55,643,104 Available Funds $40,156,000 $500,000 $3,670,000 $8.169,000 $52,495,000 $3.149.319 $55,644,319 $1,215 * the budget amendment(s) to recognize these revenues will be presented to the Board along with the two State construction -type grant contracts at a future Board meeting The Emergency Management Department will continue their efforts to secure additional grants to assist in the purchase of $1.9 million of FF &E for their Emergency Management's Operations Center. If additional grants are secured, the proceeds from these grants will be used to reduce the reliance on Commercial Paper Loans. FISCAL IMPACT: The current project budget is $52,495,000 and funds for a $38,533,902 contract amendment are available in the project budget. The ESC project has cash to pay for this work, since this project received $40 million from bond proceeds from the sale of the 2005 Capital Improvement Bond. During the FY2007 budget process, the project budget was increased by $10,339,000 (contingent upon the issuance of a commercial paper loan of $8,169,000) for furniture, fixtures and equipment and about half of that is now needed to construct the building. On April 17, 2007 the Finance Committee approved the use of the Commercial Paper Loan Program in the amount of $8,169,000 for the ESC project. Since this project has cash from the 2005 Capital Improvement Bond, the Commercial Paper Loan cash will not be requested until near the end of the project. A net loan amount of $8,169,000 is required for this project; with fees and pre -paid interest a gross loan not to exceed $8,580,000 is recommended. Based on a Agenda Item Igo. 10A April 24. 2007 Page 3 of 4fi 15 year commercial paper loan of $8,580,000, the estimated debt service payments will be approximately $775,300 GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan. RECOMMENDATIONS: That the Board of County Commissioners 1) approve Contract Amendment No. 2 for a Guaranteed Maximum Price (GMP), in the amount of $38,533,902, under Contract No.04 -3609, "Construction Manager at Risk Services for the Collier County Emergency Operations Center", with Kraft for the building construction portion of the Emergency Services Complex, project 52160, 2) authorize the Chairman to execute a contract amendment with Kraft, after review by the County Attorney's Office 3) the issuance of a Commercial Paper Loan in the a not -to- exceed amount of $8,580,000 and 4) the execution of the standard form Commercial Paper Loan Agreement. PREPARED BY: Ron Hovell, P.E., Principal Project Manager, Facilities Management Department Anenrla Item No 10A Apn124. 2007 Page 4 of 4Y COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS - Item Number: 10A Item Summary: This uem to be, heard at 10 30 e m. Recommendation to approve Contrac: Amendment No 1, Exhibit E. for a Guaranteed Maxinmm Price (GMP) 01538.539,002 under Contract No 04- 3609. Construction Manager at Rise Services for the Caller County Emergency Operations Center wNl Kraft Gonartuction Company. Inc tot the building construction portion of me Emergency Services Complex. protect 52160. Meeting Date: 4/241200? 9 00.00 AM Prepared By Ron Hovell Principal Project Manager Data Administrative Services Facilities Management 411112 00 7 12: 09: 58 PM Approved By Linea Best Contracts Agent Date Administrative Services Purcbasmp 4111120074: 53 PM Approved By Skip Camp, CAM. Facilities Management Director Date Atlministrative Services Faculties Management 411212007 11 21 AM Approved By Stove CarneO PurchasinglGenoral Svcs Director Date Admims[rativu Sery s Purehosing 4112/200- 2:41 PM Approved By Len Gwoen Pncv Adirioove Sarvices Administrator Date Am, 111tmtrv^_ Service Admmistrati, Services Adnlm. 41122037 ?.19 PM .Approved Ity CMB Lhordlnaml Aomm�arauve psis. ant .iota t, M Lot— "li, rf Manr pomentL Funnel 4 11075_9 AM Approved By M v-ha015myxomk'r Managemem c Budget Dbecfor Date Zccm, Macau, s Of(me Office of Management 8 Budget 4Y2i2609 2:41 PM Approved By Jamee V. Mudd County 6lanager Date Board of County Counry Managers Office 4113120076'. 43 PM Commissioners Approved By Susad Usber Senior Wme,dment /13cu t Analyst Date County Managers Office Office of Management & Budget 4115'2007 1 23 PM Aaenda Item No. 10A April 24, 2007 Page 5 of 48 KRAFT CONSTRUCTION COMPANY, INC. March 27, 2007 REVISED: April 11, 2007 Mr. Hank Jones, Project Manager Collier County Government Department of Facilities Management 3301 Tamiami Trail East, Building W Naples, Florida 34112 RE: COLLIER COUNTY EMERGENCY SERVICES CENTER NAPLES, FLORIDA Dear Mr. Jones: We are pleased to provide you with this GMP Cost Estimate for the proposed "Collier County Emergency Services Center ". The GMP Cost Estimate was based upon the enumerated Project Documents as prepared by Harvard Jolly and our list of Qualifications. Our GMP Cost Estimate is as follows: GMP Cost Estimate for the Emergency Services Center is .................$38,533,902.00 We have included a 2 % Construction Managers Contingency within this GMP amount. If you have any questions, please feel free to call. Sincerely, KRAFT CONSTRUCTION COMPANY, INC. William McCollum Senior Estimator Attachments: Exhibit(s) E, A, B, G, H and 1, Attachment 5, summary Estimate and Detail Estimate - Dated April 11, 2007 WhVwsd KRAFT CONSTRUCTION COMPANY, INC. 3520 Kraft Road, Naples, Flodda 34105 — (239) 643-6000 Phone — (239) 643-0090 Estimating Fax Agenda Item No. 10A April 24. 2007 Page 6 of 48 CVlT3M AMENDMENT NO. 2 TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER Pursuant in Articles 7 and 8 of the Agreement, dated April 11, 2007, between The Board of County Commissioners of Collia County, Florida, a political subdivision of the State of Florida ( "Owner") and Kraft Construction Company, Inc. ( "Construction Manager') , for management and construction of the Collier County Emergency Services Center ( "Project'), the Owner and Construction Manager hereby establish the Construction Manager's fee, Cost of the Project, Guaranteed Maximum Price and Contract Time for the Work as set forth below: 1. CONSTRUCTION MANAGER'S FEE The Construction Manager's fee, as defined in Article 8.1.2 of the Agreement, for work or services performed during the Construction Phase for the Emergency Services Center only shall be $2,075,709.00. The Concoction Phase Fee for the Emergency Services Building only shall be invoiced and paid in twenty -one (21) monthly payments of $94,350.00 each and one final monthly payment of $94,359.00. The first monthly Application for Payment shall be submitted no earlier tban thirty days following the issuance of the lust Construction Authorization by Owner's Representative and the final Application for Payment shall be paid only when constructiun of the project is finally completed and occupancy of the Project accepted by the Owner. The Overhead and Profit for the Emergency Services Center only for the Construction Phase, as defined in Article 8.1.3 of the Agreement, shall be $1,834,948.00. This Overhead and Profit for the Emergency Services Building only shall be invoiced as defined in Article 8.1.3. 2. COST OF THE PROJECT The total Cost of the Emergency Services Building Project, excluding Amendment 1 Sitework only, as defined in Article 9 of the Agreement is $34,623,244.00. 3. GUARANTEED MAXIMUM Construction Manager's Guaranteed Maximum Price for the Emergency Services Building Work only, including the Construction Manager's Fee, O &P for the Construction Phase, and Cost of the Project is $38,533,902.00. This Price is for the performance of the Work in accordance with the Contract Documents listed and attached to this Amendment and marked Attachments 1 through 6, as follows: Attachment Number Description Pages Dated 1 a. GMP Proposal Letter w /Cost Brrakdowv 1 thin 4 April 11, 2007 for the Emergency Services Building lb. Drawings, Specifications, Addenda and I thm 7 January 19, 2007 General Supplementary and other Conditions of the Contract on which the Guaranteed Maximum Price for the Emergency Services Building is based. 1 Allowance Items I thru 1 March 27, 2007 3. Assumptions, Clarifications & Qualifrcaticas 1 thin 7 March 27, 2007 Made in preparing the GMP Set Guaranteed Maximum Price 4. Completion Schedule 1 ohm 2 March 27, 2007 5. Alternate Prices I thin 1 April 11, 2007 6. Unit Prices 0 thru 0 N.A. 7. Revisions to the Contract I thin 1 Much 27, 2007 S. Completed Exhibits A. B. G, H & 1 I thru 5 April 11, 2007 4. CONTRACT TIME The total period of time beginning with the Construction Phase Commencement Date for the Emergency Services Building Only to the date of Substantial Completion of the Wmk for the Emergency Services Building is 636 calendar days ( "Contract Time "). - Commencement date can not be issued without the Building Permit ready to be issued. Exhibit E Owner and Construction Manager Amendment No. 2 Agreement Page 1 of 2 mm Attest Agenda Item No, 10A April 24, 2007 Page 7 of 48 CONSTRUCTION MANAGER KRAFT CONSTRUCTION COMPANY, INC. ,John Pinholster Title: President As Witnessed: BY (Corporate Seal) OWNER ATTEST: D \i GliI N. BROCK,CLERK BT Date: Approred as to form and legal sufficiency: Robert N. Zachary, As's'istant County Attorney BOARD OF COUNTF COMMISSIONERS COLLIER COUNTY', FLORIDA By: JAMBS N. COLETTA, CII.AIRMAN EXHIBIT A CONSTRUCTION TEAM ASSIGNED REPRESENTATIVES EMERGENCY SERVICES CENTER BUILDING Owner: Board of County Commissioners, Collier County, FL Owner's Representative: Ron Hovell Purchasing Agent Desien Professional Project Principal Construction Administrator Site Representative Mechanical Engineering Inspector Electrical Engineering Inspector Structural Engineering Inspector Architectural Inspector Construction Mameement Pete Tuffo (Offsite) Project Executive Joe Pressler (Offsite) Vice President, Estimating William McCollum (Offsite) Senior Estimator Ben Rounds (Offsite) Junior Estimator Wendy Duck,vorth (Offsite) Estimator Assistant LaurieMatr.gly (Offsite) D.M.P. Clerk Mark Style, and/or Andy Dutil (Offsite) Scheduler Pet: Muriny (Offsite) Safety Inspector Chris Dill (Onsite) Project Manager Doug Waller (Onsite) Assistant Project Manager Betty Lounds (Onsite) Administrative Assistant Steve Smith (Onsite) Superintendent TBD (Onsite) Assistant Superintendent TBD (Onsite) Labor Foreman TBD (Onsite) Accounting Billing Clerk Agenda Item No. 10A April 24, 2007 Page 8 of 48 April 11, 2007 Aaenca Item No. 10A April 24, 2007 Page 9 of 48 EXHIBIT G CONSTRUCTION MANAGER'S PER DIEM STAFF FOR TIME April 11, 2007 EXTENSIONS PER 8.1.2 (1)(b) EMERGENCY SERVICES CENTER BUILDING Percentage Individual Title of Time Available Pete Tuffo (Offsite) Project Executive 20% Joe Pressler (Offsite) Vice President. Estimating 10% William McCollum (offsite) Senior Estimator 5% Ben Rounds (Offsite) Junior Estimator Wendy Duckworth (Offsite) Estimator Assistant 10% TBD (Offsite) M.E.P. Coordinators 1017C Laurie Mattingly (Offsite) D.M.P. Clerk 20% Mark Styles and/or Andy Dutil (Offsite) Scheduler(s) 5% Pete Murphy (offsite) Safety Inspector 10% Chris Dill (Onsite) Project Manager 100% Doug Waller (Onsite) Assistant Project Manager 100% Betty Lounds (Onsite) Administrative Assistant 100% TBD (Onsite) Accounting Billing Clerk 100% Steve Smith (Onsite) Superintendent 100% TBD (Onsite) Assistant Superintendent 75% TBD (Onsite) Labor Foreman 100% EXHIBIT H CONSTRUCTION MANAGER'S PERSONNEL TO BE ASSIGNED DURING CONSTRUCTION OFF -SITE EMERGENCY SERVICES CENTER BUILDING Individual Title Pete Tuffo Project Executive Joe Pressler Vice President, Estimating William McCollum Senior Estimator Ben Rounds Junior Estimator Wendy Duckworth Estimator Assistant TBD M.E.P. Coordinators Mark Styles and/or Andy Dutil Schedulers Laurie Mattingly D.M.P. Clerk Pete Murphy Safety Inspector Agenda Item No. 10A April 24, 2007 Page 10 of 48 April 11, 2007 Percentage Duration of Time in Months Available 20% 10% 5 % 10% 10% 5% 20% 10% Agenda Item No. 10A April 24, 2007 Page 1 of 48 EXHIBIT I CONSTRUCTION MANAGER'S PERSONNEL TO BE April 11, 2007 ASSIGNED DURING CONSTRUCTION ON -SITE EMERGENCY SERVICES CENTER BUILDING Percentage Duration of Time Individual Title in Months Available Chris Dill Project Manager 100% Doug Waller Assistant Project Manager 100% Betty Lounds Administrative Assistant 100 % TBD Accounting Billing Clerk 100% Steve Smith Superintendent 10p% TBD Assistant Superintendent 100% TBD Labor Foreman 100% Ulm Standard Estimate Report CC Emerg Svc Complex comfy . COMO" Vdh ti * - ON Docunwnts Project name CC Emerg Svc Complex Naples FL 34112 Collier County Client Collier County Govt Agenda Item No. 10A April 24, 2007 Page 12 of 48 Page 0 411112007 9.32 AM Architect Harvard Jolly Clees Toppe 239 - 275 -7774 Engineer TKW Consulting Engrs Document Plans Dated 01 -19 -07 Estimator Kraft Construction Co,lnc Job size 109527 acsf M I N Standard Estimate Report CC Emerg Svc Complex Agenda Item No. 10A April 24, 2007 Page 13 of 48 Page 1 411112007 9:32 • M TO1et �,: Description Quantity Amount 1000.00 GENERAL REQUIREMENTS 12.00 MO (5,245,289) 1970.00 FIELD REIMBURSABLES 690,782 2090.00 SITE SURVEY & LAYOUT 48,444 2100.00 SITE PREP & EXCAVATION 2500.00 WATER, STORM, & SEWER 696,477 2700.00 PAVING & CURBS 0 17,050 2800.00 SITE IMPRVMNT& LANDSCA 23,289 3000.00 CAST IN PLACE CONCRETE 5.662,854 3400.00 PRECAST CONCRETE 6,457,855 4000.00 MASONRY 442,084 5000.00 STR STEEL & DECKING 402,082 5700.00 ORNAMENTAL METALS 468.245 6000.00 ROUGH CARPENTRY 352,819 6200.00 FINISH CARPENTRY 6410.00 CABINETS & COUNTERTOP; 122,277 7000.00 INSULATION & MOISTURE 584,403 7300.00 ROOFING 365,422 7800.00 FIREPROOFING 69,660 8000.00 DOORS & HARDWARE 453,295 8500.00 WINDOWS & GLASS 195,476 9200.00 PLASTER & STUCCO 831,082 9250.00 DRYWALL 9300.00 TILE, STONE, COUNTERTOF 265,362 9500.00 ACOUSTICAL 250,705 9550.00 FINISH FLOORING 858,787 9900.00 PAINT & WALL COVER 430,621 10000.00 SPECIALITIES 226,358 11000.00 EQUIPMENT 83,436 12000.00 FURNISHINGS 11,309 14000.00 CONVEYING SYSTEMS 396.155 15000.00 PLUMBING 691,967 15300.00 FIRE PROTECTION 740,361 15500.00 HVAC 4,447,375 16000.00 ELECTRICAL 8,795,589 17000.00 SYSTEMS & COMMUNICATI( 3,531,055 Agenda Item No. 10A April 24, 2007 Page 13 of 48 Page 1 411112007 9:32 • M win Labor Material Subcontract Other State Sales Tax Labor Burden Bulders Risk Insur. By Owner General Liability Insurance Impact Fees By Owner Building Permit By Owner Primary Utility Svcs Fees By O Contingency ( %) Bond: Payment & Performance Const Phase Fee (Gen Cond) Const Phase OH & Profit Fee Standard Estimate Report CC Emerg Svc Complex Estimate Totals 126,200 10,350 32,912,729 318.108 33,367,387 621 72.565 73,186 315.978 315,978 675.131 675,131 191,563 191,563 2,075,709 1.834.948 3,910,657 Total Agenda Item No. 10A April 24, 2007 Page 14 of 48 Page 2 4111/2007 9:32 AM 33,367,387 6.000% 57.500 % 33,440,573 0.820% 33,756,551 33,756,551 34,431,682 34,623,245 2.000 °e 38,533,902 38,533,902 351.821 /acaf a� R m w ° ° a d Q 0 to o E H C p U m U y LU O O !A I� 7 'O rL 4) V N 0 0 r C C V ¢ n a) U U a 0 0 0 0 «c E me d y `�i. 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W y �3 ac ¢¢ m z w m Q m v E awe W •°• m r O S Y Q P � Z 8 O I E ^y _ 000 S N N N Y Y Y aaa y c n N i a b QED Q fill M� m m m m m 888 C O �m� N N Y m r 0 am c c > O m E e N e e 11ap b O O ' ' N N w w a a 8 O N C Q C Q Z H Q as di O ' o " ■ 0 r n O C N N N d a a o oio C- -� 0 �1 08 N m k' ? E m y m e m a c � � w � w m U O yy m o W W Q D 6 c 1 d d N n 9 a33rn a tm O O 8 e N p O ON INC N Aoenda Item No. 10A April 24, 2007 Page 18 of 48 N ^ N 0 . . . . w w w w 8 O N C N C Q Z H QI as di a p O Q Q J ? IR N W y �3 ac ¢¢ m z w m Q m v E awe W •°• m r O S P � Z 8 O I ■ 0 r n O C N N N d a a o oio C- -� 0 �1 08 N m k' ? E m y m e m a c � � w � w m U O yy m o W W Q D 6 c 1 d d N n 9 a33rn a tm O O 8 e N p O ON INC N Aoenda Item No. 10A April 24, 2007 Page 18 of 48 N ^ N 0 . . . . 0 C m > Q � U g aE iii Z H d 8 N _ _ = 8. c 88 88 88 N b CJ m E `m E o 0 x � mm mN m (mJ m m C C C m LL u l!U E .1 C C C C= C c C c C E j UUaUVO� 1 w w w w w N N N N N C Q O Q. QI as di a IR N n N� w 0 C m > Q � U g aE iii Z H d 8 N _ _ = 8. c 88 88 88 N b CJ m E `m E o 0 x � mm mN m (mJ m m C C C m LL u l!U E .1 C C C C= C c C c C E j UUaUVO� 1 e � �Q o; Ng r O Q E d cR U C W 'fl U W U N } litio F � e. QED I Q E m Z zi3 N E fP c E� �E '.genda Irem No. I DA Agri! 21. 2007 raae 150! 48 m N � N m N fj N N u N O O I. I. I . . I I I. I I . w w N N ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ Q ¢ Q ¢ ¢ ¢ ¢ ¢ ¢ ¢ =p m m O m r L m m m m m m m m m m m m m m m m m m ¢ m ¢ n n ¢ ¢ U Z (p O m 2 2 U u a a J � d d a a a a a a a a a a d d a a a a a y a a a m m . . . . N N m N o o J a® m y Y m d ! Z .p cm 2 C7 c % Sd LL O d O d V= Sxmvm � 1G'1 p m LL Q (IJ OO N Ff O S S O O S S t Sp y S ry O O S S O S S O S O O S S S S m V m y c 0 U d LL SIN l0 — U E m d U' U N m Ii Y Q Y y C O y U OE y D W 3 C O U O m C m O CC O �• UO a w d m U d N Dc N a m W m 0 N n y d t m C N W a m Vf W N N G l0 D d y m E m LL C n a C7 H h C m o W N E vi rn N G' 3 w m m y= g m m 0 D o' w`m� mDm mm c °u m`-°'Dy mo `m�'omgm� d =5 F m y yam E „ti Pc j 9 ° NUxF mD�a S c U N _ g S o A w o u m m a N ' . m _ 5 U N J N S Q IS m to 0 0 00 00 O ' N8 T p p =p m m O m r L LL 4W 4 lz U Z (p O m 2 2 U u J � r � J � u O S S O O S S t Sp y S ry O O S S O S S O S O O S S S S m V m y c 0 U d LL SIN l0 — U E m d U' U N m Ii Y Q Y y C O y U OE y D W 3 C O U O m C m O CC O �• UO a w d m U d N Dc N a m W m 0 N n y d t m C N W a m Vf W N N G l0 D d y m E m LL C n a C7 H h C m o W N E vi rn N G' 3 w m m y= g m m 0 D o' w`m� mDm mm c °u m`-°'Dy mo `m�'omgm� d =5 F m y yam E „ti Pc j 9 ° NUxF mD�a S c U N _ g S o A w o u m m a N ' . m _ 5 U N J N S Q IS m to 0 0 00 00 O ' N8 y c 0 U d LL SIN l0 — U E m d U' U N m Ii Y Q Y y C O y U OE y D W 3 C O U O m C m O CC O �• UO a w d m U d N Dc N a m W m 0 N n y d t m C N W a m Vf W N N G l0 D d y m E m LL C n a C7 H h C m o W N E vi rn N G' 3 w m m y= g m m 0 D o' w`m� mDm mm c °u m`-°'Dy mo `m�'omgm� d =5 F m y yam E „ti Pc j 9 ° NUxF mD�a S c U N _ g S o A w o u m m a N ' . m _ 5 U N J N S Q IS m to 0 0 00 00 O ' N8 N $� as Q m " n v L-7 MQ i a CO E ; N N W '�O U W V r y a p• e " a c link. E m u� Z C N � m Cyd N G b N', N k4 j Y 0 8 Y W h �o V e o c z e V ai m a k 0 0 Agenda Item No. 10A April 24. 2007 Page 20 of 40 cli m N e m h e e @ N 0 L� F W W W U 2 Z Z U � W V V ~ Q y v U 0. Z F. H U O8 p N N N= i d _ N N N N N 2 S S S S S S S S S 0 0 S S S S d O N ^ N N V O N r N 0 s Q LL °� i0 m S an d o ud ° d N m LL Q C c j R p i u a O w d m d a y ro y - `o m r6 T $ d c @ a a d@ m 0 o a $ q c E c o U y �' E Y— � ;n — d bLLa a n G3' c dLL>2 Ea c aU dd.d U' d N r$ 5� O 'w d Q m y Edda T$ P 0 0 0 m 0 N 0 N to 0 Q Q Q Q Q Q o v v e a e _ o 3 aaa iaa N n m �n m n m ro n ro ro n o n n o a s sa a a a a a a a s a a a a O � Q O N 0 L� F W W W U 2 Z Z U � W V V ~ Q y v U 0. Z F. H U O8 p N N N= i d _ N N N N N 2 S S S S S S S S S 0 0 S S S S d O N ^ N N V O N r N 0 s Q LL °� i0 m S an d o ud ° d N m LL Q C c j R p i u a O w d m d a y ro y - `o m r6 T $ d c @ a a d@ m 0 o a $ q c E c o U y �' E Y— � ;n — d bLLa a n G3' c dLL>2 Ea c aU dd.d U' d N r$ 5� O 'w d Q m y Edda T$ P 0 0 0 m 0 N 0 N to 0 Q Q Q Q Q Q o v v e a e _ o 3 aaa iaa E Z O� I N 9 q c 5 d d T 8 S S O O O O r Y W _ o 3 U m E Z m d � Z 9 q c a m o LU W $rmd =dm Dc IL y R d N f mU3Ut7 U N Q O m g �Q n "? m °o a" r O G Q d Cm U G � Y/ y V m Rw U Q S S S S S — 8 Y H m d w N ,genaa !tem No. 5A 4pril 24. 2007 ^ age 21 of 48 e ' n ml H r N <<< N �< << N N N < Q p < Q Q E0o a $ N O 08008 S Q 88 N In N N h In y U N a a a a a a fie.. U d d a a a Y a d a a a a n a s rn . . . . Cc . . . . m N V m m EE0 Q rN C E im ;= z aaaa a N1 9 a d W d N 6 N K Y O G L P d P d P a�oimm a a a a a a n11l w u< o c NI ie Q ¢ .ro E y m m u Q i y N �N �I Z•m m =%a_ ¢ v. Q : - w¢ tU cp c in a u ac �3 m fu O ;s. O .n T 9 = E E `O 0 0 S O G m C m N J N p j 4 c 0• Q N L N N J V m j Q S S S S S — 8 Y H m d w N ,genaa !tem No. 5A 4pril 24. 2007 ^ age 21 of 48 e ' n ml H r N <<< N �< << N N N < Q Q Q < Q Q Q U O 08008 S 00 00 88 N In N N h In y U N a a a a a a O O U d d a a a a s a d a a a a n a s rn . . . . Cc . . . . m N V m m q U C N1 9 a d W d N 6 N K Y O G L m n n11l o_ u u< NI ¢ .ro E y m m u i y N �N �I m m m m m 0 S O p S S O C O 08008 S 00 00 88 080 S S O O U N r t+1 Cc 0 2 Y U Cc m N V m m q U C N 9 a d W d N 6 N K Y O G L m o_ u u< ¢ .ro E y m m u i y y m o oa `m $ y t y = oo m $'� ° Z•m m =%a_ ¢ Q : - w¢ tU cp c in a u ac m O O .n T 9 = E E `O 0 0 S O G m C m N J N p j 4 c 0• Q N L N N J V m j C q 6 m C C m m m N J m J a a p O m O 9 O L< 2 'p 0 0 C0 q m G `m ndo J Q O � �Um 1 N O d �d Il df% W 0_3 m U2fAm W Vl UJ (A N�� y IL ILJU fA2 f%J f%1 fn fA 4l N �� 6 S I pp O o 0 pip a C N Q O O O 0 Q c W J 2 Ltj U O W Z W Q W � H w Agenda Item No. 10A April 24, 2007 Page 22 of 48 Q ^ N m [V Q m U N m m m m m m¢ a� � o n a a a a N N m, d a a � d a a s of N o^ H q m Y O J G Y E n R NN N tUfi � a LLaa w d G E � p W W W � U 0 Y im(1 N O N h m Y Y f M q C Y x q � 6 ¢ m d 8 a r`n n w ■ F S N p N V T CN — O 1wp N pip a C N Q O O O 0 Q c W J 2 Ltj U O W Z W Q W � H w Agenda Item No. 10A April 24, 2007 Page 22 of 48 Q ^ N m [V Q m U N m m m m m m¢ ogg � o n a a a a N N m, N� a a LL a a d a a s N H m ^Y mE m H w 'm 'yi W y O (GJ O CD O CF r'�FCY+ c w m C T c � :� c E v X QV Omm w O �o O ¢ E S •i „ +° E O oLL = o o j 0B¢ = w m O O n N Q . ¢GQ Q Q m m m m m ogg � o n a a a a N N m, N� r N ^Y mE m H w 'm 'yi W y O (GJ O CD O CF r'�FCY+ c w m C T c � :� c E v X QV Omm w O �o O ¢ E S •i „ +° E O oLL = o o j 0B¢ = w m O O n N Q . ¢GQ Q Q m m m m m ogg � o n a a a a N N m, N� 0 N N N N y ogg � o N -N+ 2 z z W c � o g n Y o � V u a v W CO c o d (J L O p A O jm ¢ V LL 8 000 o g O 0 8 /\ § � 0 �/ E U { §� § \ \} \� \� } ). \} }� }k � w E@ a a a A ait N A ;m2 < e»sz« ............ .. �� ............ .. �, ............ .. ),... 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N E0E Q x aEE N N r O O N 0 0 Agenda Item No. 10A April 24, 2007 Page 24 of 48 e a c OF VI N m n ¢ << ¢ ¢ ¢ Q ¢ Q Q Q U N N d N N N d d - H % N -G-5 rc S 880088888888 8 88 0 8 8 8 8 SS8 S m � r � ~ W h O a o c W = E Y ° cc F. § -° m Aid E U Ep i f -0. d w rn d Q a 3 s c cP3 E 7 d c p m E U xm u a a« L & . a° U rn d $ dd _c 7 Y co_ g « d o_ d $ E 2a m y 3 y ¢> ws d�-E m oo °g =m dv 2a wF U c`q° cc a a` Z Z 8 a on a E 3- i° a n d° c_ °0lp % U U E - a m n° y H 2 @ a U d '2 d ° ad N N UU@ tE 6d f¢ c4 = S rq a w r 05 m a m a m a o¢ U a W E y w m A n A A a a s a a a a a a a a a a e m1 o e N b N N d N N N d d - H % N -G-5 rc S 880088888888 8 88 0 8 8 8 8 SS8 S m � r � ~ W h O a o c W = E Y ° cc F. § -° m Aid E U Ep i f -0. d w rn d Q a 3 s c cP3 E 7 d c p m E U xm u a a« L & . a° U rn d $ dd _c 7 Y co_ g « d o_ d $ E 2a m y 3 y ¢> ws d�-E m oo °g =m dv 2a wF U c`q° cc a a` Z Z 8 a on a E 3- i° a n d° c_ °0lp % U U E - a m n° y H 2 @ a U d '2 d ° ad N N UU@ tE 6d f¢ c4 = S rq a w r 05 m a m a m a o¢ U a W E y w m A n A A o � d a� 4 0; S r u a= E to U N h W ,D d ip` W C (Vj R V1 Agenda Item No. 10A April 24.. 2007 Page 25 of 48 Gri r � u1 Q Q 1tOO fed i h 2 U O V U U m m m m m m n n n n n n n n mr m m m m O O O stn a a a a i n a a a a a d a C d Ya a a a EJ Obi C N . r � N fV O I� e � h1 M^� O Z N V b N a N S O O . H S S S S LU Q N N a m= m'm Ic c c ° mc_ 0 0 =A m v o Q m UU cp C m N 1 U 41 Z O O G vVi p j 0 U m> 0 6 e Q � Y. a O o o Q fA �.Y Q(n Il QUN �0M dm 11�Ud LL G p p I C Q 4 0; S a t CL W t W V E U) N W V U C U N 5 ;a E W Y S-h R .�y c E� a U a a b 0 8 8 2 H L_ O TL C Q o8 c ` ° a t IL i 0 m `6d�( 8. q j IL O C " m n 0 Z Q R W Agenda Item No. 10A April 24, 2007 Page 26 of 48 8 Q Q u C m m m m m m m m m m m of t0 at Q• at 9 m m Q! at m m m 8 3 8 888.85$85 88 0 a a naLLaaaaa o aaaaaaaa as a o N U a a b 0 8 8 2 H L_ O TL C Q o8 c ` ° a t IL i 0 m `6d�( 8. q j IL O C " m n 0 Z Q R W Agenda Item No. 10A April 24, 2007 Page 26 of 48 8 Q Q Q Q Q Q Q Q Q Q Q m m m m m m m m m m m of t0 at Q• at 9 m m Q! at m QI at m m 0 a• Q• QI 0 m m 8 0 80888880 8 888.85$85 88 0 a a naLLaaaaa a aaaaaaaa as a N N N O O uf� N tOp tOp Ni i INp 0 % � W N O C LL � m❑ Y IL W O i0 d W Q Q Q = m a y Q n n a P 2 L 0 0 0 O O n D W 0444xx01` 2 o nnnnnon °` =nnnnom ygo Te ss�iNN��a`ma c� 8 88 8 8� 8 °oo n° eo0 ❑8 p❑p ❑ pO ❑p ❑ % a LL Il LL LL LL LL LL j "O c0 i O O R o O U O 9 B W O _�❑ xxxxxxxs�C? �33i�3imnw; 8 N O O N N O O 0 0 0 0 0 0 0 0 n 8� N ' N N N N Cl O CO' 06 � � N m 0 0 m m m E E E ro W a a ro W W W ro m m 8 0 80888880 8 888.85$85 88 0 r m N N M � Cj r D7 r C Q r t[f t7 CV r 6 (V N N N 0 % � W N O C LL � m❑ Y IL W O i0 d W Q Q Q = m a y Q n n a P 2 L 0 0 0 O O n D W 0444xx01` 2 o nnnnnon °` =nnnnom ygo Te ss�iNN��a`ma c� 8 88 8 8� 8 °oo n° eo0 ❑8 p❑p ❑ pO ❑p ❑ % a LL Il LL LL LL LL LL j "O c0 i O O R o O U O 9 B W O _�❑ xxxxxxxs�C? �33i�3imnw; 8 N O O N N O O 0 0 0 0 0 0 0 0 n 8� N ' N N N N Cl O CO' 06 � � N m 0 0 m R m !� a ai n r O CL � E d m U E; 'N y W 9 •p V Q ' C CyO e' G w'M `fi c i Q 'a r, E N o n +: c 0 _T Q 8 m ti AgenCa Item No. 10A April 24.. 2007 Page 27 of 48 N ? U U U U U U w W W w m y a aa`aa auaaada a (7 C d d G m T m q m a, co; a v a.mo a a a s a a d a a a E5 N♦ ♦ . m m m ♦ N N♦ N Yi N 0 m m omt0 a10Wg n aJ E$ `m i O ria 0 N m N N N N N d d S S 88 O 8 8588 Q 0 cl m m m m m m m m m m m m m y a aa`aa auaaada a (7 C d d G m T m q I U a E E O a c; LL 3 m 0 O' in o o Z t P w m m m m m a `a 15 E5 N �_a m m m ° o 3 N 0 m m omt0 a10Wg n aJ E$ `m i O ria t-2 c a y r 3 of Z5 D vi =`n r3 ���yO�n `mom e`IZ ii 2UY O 0 0 0 0 0 0 0 0 o m O a m m m m m m m m m m m m m O S aS = m C a aa`aa auaaada a (7 C d d G m T m q I U a E E O a c; LL 3 m 0 O' in o o ° y t P w m m m m m a `a 15 8 8888 M �$ma N a e m N Vi g Vi y H.9 y S8o8SS8 S m m � N O S aS = m C 00? a x 3 (7 C d d G m T m q U a E E O a c; LL 3 m 0 O' in o o ° y t P w m m m m m a `a 15 E5 m m m o N 0 m m .. Q a a M a a °o a t O a= � E d c ip U E ; HN W a � W R U 5 W ,p .qt C b6 C r J} E z N C 0 E0 B y` a. 'a E O Y Y A H O S. O O a . m m O O 0 0 U U U) 0 h Q vy C7 � � FW- 3 c a 2 3 i� N y SS p 3 E m d d � m w m U 0 c � w H c 7'm N NinU o � QN q O F� 0 0 0 U y � W w O y J a 8 H q Aaenda ktem No. 10A April 24. 2007 Paae 28 of =8 0 m rn m rn rn m rn m rn m m rn m m m rn rn m o rn �m¢o a ¢ rna i rn mviaad aioy N. a a a a d a a a a a a a a d a a a a a a a . . . . . . . . . . . . . . . . . . . . — N = = 2 N N N g N m N N N N _ _ °ogggog °o8 08888800 .- ri of n Ic ni O O O 0 0 � d ms E U `o H E m U a_ d 'u. m E E D e y E m m' a LL V d d D t V A 0 c a O N D = O R U d U E o z o a 3 A E a .m rn C J E E y ¢¢@ cc m. m d 5 5<� —Hi a m a m < 0 0 0 0 0 0 - p N a m m m ¢ a s N • e 0 m O �m m 0 0 U U U) 0 h Q vy C7 � � FW- 3 c a 2 3 i� N y SS p 3 E m d d � m w m U 0 c � w H c 7'm N NinU o � QN q O F� 0 0 0 U y � W w O y J a 8 H q Aaenda ktem No. 10A April 24. 2007 Paae 28 of =8 0 m rn m rn rn m rn m rn m m rn m m m rn rn m o rn �m¢o a ¢ rna i rn mviaad aioy N. a a a a d a a a a a a a a d a a a a a a a . . . . . . . . . . . . . . . . . . . . — N = = 2 N N N g N m N N N N _ _ °ogggog °o8 08888800 .- ri of n Ic ni O O O 0 0 � d ms E U `o H E m U a_ d 'u. m E E D e y E m m' a LL V d d D t V A 0 c a O N D = O R U d U E o z o a 3 A E a .m rn C J E E y ¢¢@ cc m. m d 5 5<� —Hi a m a m < 0 0 0 0 0 0 - p N a lgenda liem No. 1Gfi Q Rprii _4.2007 Page 29 of 4o n °o N "m +v 6to ' F�v MA; Q y m m m m m m m m m m m m m w mrnmrnrn rnrnmrnm mm m m0 o0, a0im0 m m rah rnrn v, x'.�e ay m o. m m mmo; o.a w m ¢ rn a a a a a a a m N O d N N crni N v rz Ey N w Eo 0 0 N W d W V le 0 8S8S8888SS S88 888858 8 $ g .- E o�nvoQOm � H O N O N w a i 0 a Q Lm A m z 41 Y =0cc aA j J g t,c au 2 �. oLL h w °ca Q Q E m m in i o to timi=d cm W dw�`c mo 2 Q mUc2 co w9c n Q x c 3 W o �Fm m rd ' o o m N w 3 Q5 a-IL 12 Cc w � 0.0 E �o •N Q u .� =3 3�dax m °p J xy- ?vwm°�° IQ LL and m m d o `o 'o $_ .0 0 0° E c g 8 g c c 8 oyi w N N y 'R O� m Of m "+ 4 of K NS Q Q R U E N y W v '�O U � U r Agenda Item No. 10A April 24, 2007 Page 30 of 48 0 o- `FF 8q:"ti o QE, Q 3,. E W W W W W W W W (�J U U U U U U U U U LL LL IL LL LL a a a W a a a a a a a a W a d a a a a a a a s N v N m m (° NJ °E m m m H al. .i:3 n o vo � ° e e v a " 000E d N N m N N oz S88 8 °00,0 00 8 8 8 8 8 88 8 0088 °0800 88 mC y r CJ e W H Q $ U m m m m m O J = a G d 0. m m > 0 T c g a`m m a E C o �vu m' t jy_r°Q'�a g W m a:_CC 0 00 m`gd mi'IF c N m O Z W C Ll m N= U 4 n o° a a ° 00 , m W v Q o, ^ 4 vi n t r O a O io U H y W 9 .O U R U N bY? TT: OOE Q E ^�y Z m m 9 � C m L T C N c r m m O m m N O o t0 0 3 2 c m m w ° =aciLLa3 a`a�m =�a`v� E o , Aa2nu'� !tern No. 10A April 24 2007 Page 31 of 43 m m m rn N g N m Q A r Cl Ol p 0 P m m m m m o °o. C O Oi pr C Oi P � Q a a s a d a a a a a N v o 0 m N N W H 0 O ] N OO O Q m O m m 9 � C m L T C N c r m m O m m N O o t0 0 3 2 c m m w ° =aciLLa3 a`a�m =�a`v� E o , Aa2nu'� !tern No. 10A April 24 2007 Page 31 of 43 m $ 8S mm N N g N m Q A r Cl Ol p 0 o °o. 8S SS 8 < EoE d e m m 9 � C m L T C N c r m m O m m N O o t0 0 3 2 c m m w ° =aciLLa3 a`a�m =�a`v� E o , Aa2nu'� !tern No. 10A April 24 2007 Page 31 of 43 m $ 8S mm N N g N m Q A r Cl Ol p 0 o °o. 8S SS 8 a a e 8 8 S S m N N v o 0 m N N W H 0 O m m 9 � C m L T C N c r m m O m m N O o t0 0 3 2 c m m w ° =aciLLa3 a`a�m =�a`v� E o , Aa2nu'� !tern No. 10A April 24 2007 Page 31 of 43 IO m $ 8S mm N N g N m Q A r Cl Ol p 0 IO Q 0 o W � y U W J J J Q 3 � � n 2 y d QSyS V m v a m $ 8S 8 S S g N m Q 0 0 0 0 0 0 a a d a a e N Q 0 o W � y U W J J J Q 3 � � n 2 y d QSyS V m v a m $ 8S 8 S S g N m Q N r d Y ] q O q ] f- a m � M 3 c U G Orn m2 _n t 0 �i 0 n a U LL m 8 $ NO Qy�O y� O O O O O O 0 R 8 n "a a' 4NOi n u t C ¢ E d O E; N y W II `c W II U W U to Agenda Item No. 10.A April 24, 2007 Page 32 of 48 bf N N P: C i0 1p aaa a a m m E n n a s ¢¢ aaaa D- 0 0 0 0 0 o a rr, o 0 0 0 0 0 0 0 C E LL O z Agenda Item No. 10.A April 24, 2007 Page 32 of 48 bf N N Y X H aaa a a m m a s ¢¢ aaaa D- 0 0 0 0 0 o a w .O. o 0 0 0 0 0 0 0 C 33 LL O x 6 ; a a 305 Y Y Y LL a a Y a Y a Y a a Y a Y a Y a a Y Y Y a a LL a G LLm W Um $� O wLL c E iy F- n ma- umL n_ X LL: Or 2 O LL LL O (- LL 42 O m - F- - m m H -C W N O NO jQQ� ^ D a Q °oE L �H Y X H 0 n N N 0 0 Z � a J O i W W h N N m e a m N N� 8 X O !n y H U L f O ,a 8 S S S 8888 C) � D- 0 n N N 0 0 Z � a J O i W W h N N m e a m N N� 8 X O !n y H U L f O ,a y D- 9 w .O. q �' O y S O 10 C C 33 LL O x 6 ; a a 305 8m $am G LLm W Um $� O wLL c E iy F- n ma- umL n_ X LL: Or 2 O LL LL O (- LL 42 O m - F- - m m H -C W N O NO jQQ� 0 n N N 0 0 Z � a J O i W W h N N m e a m N N� 8 X O !n y H U L f O m e, M Q o; n a r- 0 Q rd. ea U W ,p UE 'O U � U y N m N d A A A d d R d d d d d N d o SS 88SS8S8 OS P N .- O Y A f N N N N O n P P P P a a E Oc qV N c oLL a E y mC1U O ma y m S of c E E O N E W m U U p a g O N v µ a E R/' A ;2 1l �•: Q Q m 61 m m S] (➢ fL 6] m •� N o c 44V,i E�E d a ^: 3 N m N d A A A d d R d d d d d N d o SS 88SS8S8 OS P N .- O Y A f Agenda Item Pao. 104 April 24, 2007 Page 33 of 48 N O O gyp' S p m N A P P P P a a E Oc a N c oLL a E y mC1U O ma y m S of c E E O N E W m U U p g O N v a Agenda Item Pao. 104 April 24, 2007 Page 33 of 48 N O O gyp' S p m N P P P P a a a s a a O N11 S of c N m p Ip • S O O S S O m N Cd I.i N Laj u W W o W S ig ie ou~ y O °��n'un LLm °o 30E wm °d -°-� °— A`d�Ag U' C7LL (7u V O rp 8° $ O p O N N N S $ O N R � ^ • r a g Q w � 4 Ci N S u PQ c. E m o TO U in m W a � W a� R U w N Agenda Item No. ^CA April 24. 2007 Paa-- 34 of 4& n H n O N ^ N i QED Q IL E 00 0 0 0 0 0 0 0 0 0 0 000 00 0 0 00 00 �2 t2 r r r 2 r N �2 �2 �2 �2 r r �2 �2 IA IM1 ,d M o E i. S _ - - lu- 8 W N F y Y m N fl! 4 O OI T m Ur 9 d U d 0 L 'D C cc N E C O 6 N NJ Z Y O m C C J 'O m C C m N m Z` d o ¢ 'E E m m T c7 C7 c N a` m o C7 E 3 .8t- -� W m= v c° m 3 v� m m d E Z W q� ¢ c o miv iro `o ¢° mU c d m i.m= c I: E g e w y�j .�.i -�`y3 0 �o� acd c7W- °0-'c7 3 " m o 4 E a8 g U ¢ 8 & 6Q _`u ¢ °Sot L p E: E m "a a�o,mm o.$?dm mn'ymm �c o =�og`m E.5 v"- mo c i° m c° ?: - 3 '0 : a m c m m y 'u. m m? c N d O m m W U J U V J .a S 'n g o m U m U N m U c N s m E c c' n y n a J d m.a E m a a a m 'a 'a 2 'a S W 3 r 3 0' m o U E m m e o o._ o f � oidho�_Umc�_a¢LL3c>u.aom O o4� N N N N N N N N N N N N N N p N N N N N N N N N R y O N � m '¢ a� M 4 0; n 0 a t O a= ¢ E d R U E N H W 4 -00 as U EE'o �i d m � b o ee l Q 7'. E N Ib n e I m N b a E Y W 1- Fo_enoa Item No. ?0,q April 24, 2067 Page 35 of 40 m m m m m m m m m m m m 12 12 t2 t2 �2 �2__ n Wr b n C Oi O: o C Qr O' O� Dr ¢ OI n a c a er i c a Q � e m m m m m m m m m m m m 12 12 t2 t2 �2 �2__ _ C Oi O: Dl C Qr O' O� Dr ¢ OI n a c a er i c a Q � N N N w h w N N N N 880S880o 88 08 N Q W Ip O r O E W U Z h N E N F F O w O E %E_W`eo CL Lu o W E m 2 W w E ��Usv w �, h. �. � SC y# C va O c O E N =t mw 0 e W Q O 6 1 4 n w m m m 8 m 3 c u w fy O c 0 der d`LL (I ILw C CU Cy O .qr O N r � O O S O O O O S O O S OI O n Y m z � E a E 01 O an d N w Q C d O v J (�7 c� W D Z U 9 y U N G W 0 W N may. O N N'C E�c�. W W W x 5¢ S O a � 8p N N N N N N N N N N N 8N '" r C Oi O: Dl P Qr O' O� Dr ¢ OI a s a c a er i c a a a m r aJ <I N N N w h w N N N N 880S880o 88 08 N Q W Ip O r O E W U Z h N E N F F O w O E %E_W`eo CL Lu o W E m 2 W w E ��Usv w �, h. �. � SC y# C va O c O E N =t mw 0 e W Q O 6 1 4 n w m m m 8 m 3 c u w fy O c 0 der d`LL (I ILw C CU Cy O .qr O N r � O O S O O O O S O O S OI O n Y m z � E a E 01 O an d N w Q C d O v J (�7 c� W D Z U 9 y U N G W 0 W N may. O N N'C E�c�. W W W x 5¢ S O a � 8p N N N N N N N N N N N 8N '" r N g m R rn^ w a a S a V 0 a= Q� W U E; N W y d 9 A W U r Cl) ^ o E W s = N I'§ u a Y!G4 y o� k E 0 8 Y W H W y O Q+ a a a a N N 1n Q ° Y a a a a O a 0 0 w n O 0 y W W WQQ n o c QWSY Y `m m a E E N N 1n Q ° Y a a a a O a 0 0 w n O 0 Agenda hem No. 10A .April 24. 2007 Page 36 of 48 a s a a s a¢ a ¢ ¢ a a a a a a c° (O O (O b b b t0 O b (O t0 m t0 C7 b y W y W W WQQ Q W c QWSY Y `m w E E V m o d W Q y LL rn j 41 °0 U °0 00 88 8 88 8800 8 W' T O m O 9 80088 8 a a L 6 N rj C S 8 0 08 8 8 V V y �. f° .3 E V m W lq = N Lq N .- O N O O m E `° °C m f U °i .- ° °ry " m y U N 21 m N C E m O Agenda hem No. 10A .April 24. 2007 Page 36 of 48 a s a a s a¢ a ¢ ¢ a a a a a a c° (O O (O b b b t0 O b (O t0 m t0 C7 b y W y W W WQQ Q W Q QWSY Y `m w E E m o d W Q y LL rn j 41 °0 U °0 00 88 8 88 8800 8 W' T O m O 9 80088 N a a L 6 N rj C S y Ci y y U c N L E T( D V V y �. f° .3 E V m W lq = N Lq N L O N O O m E `° °C m f U °i .- ° °ry " m y U t Y C y O m i0 mmyw m m `m w E E m o d W Q y LL rn j 41 °0 U °0 00 88 8 88 8800 8 W' T O m O 9 80088 a a L 6 N rj C S y Ci y y U c N L E T( D V V y �. f° .3 E V m W lq = N Lq N L O N O O e E `° °C m f U °i .- ° °ry " m y U N 21 O N C E m t Y C y O m i0 mmyw m m `m w E E m o d W Q y LL rn j 41 U E i'. o mpp V1 5 m�-y n 'J U E m cLL zw m C = O W' T O m O 9 W a m O O T U Q n 6 a a L 6 N rj C S y Ci y y U c N L E T( D V V y �. f° .3 E V W lq = O L O N O O E `° °C m f U ° °ry " m y U 21 N C E m .-. E o d o 6 n> mQ o o xm 2 u a o 8 m E °-' °c o m > °a u$? c S n 5 Q a U • 3 a m 3 '1 LL n i p N N N N Z 2 U v� N W J U N H O m m F F p r LL n vi a H c) a I I r � � m i a� M d of S a" O a` a C R U N h W 'a U R` e EEo d 0 v' r. ?` o •1 o r N � N m N N 0 N N H IN C ' ' IQ to Agenda Item No. IGA April 24, 2007 Page 37 of 48 N O o a a a ¢ a s ¢ a mm m n N H IN o 0 0 d a a a s a a 0 S 8 88 •- •- 8 N Ol 88 N N N N O O n m 8 N m H 8 •- N n N N N y m H n. c to Agenda Item No. IGA April 24, 2007 Page 37 of 48 N O o a a a ¢ a s ¢ a 0 U_ _ N f: o y o m vy Z % 6 C u m w N g '0 D O m''a in E °UNC�md n O1p9 t ffi S�x'q W pc W j d m 1- _N a$ • J U N D O 1/ °v�I 0 �i N 'n-' d T d O y° E 1/4 � m7N CN � 11 f4 OU p� TO O C, V 0 O J 7 0� V j 3 h O O O O Y e r j m O N m n N H IN o 0 U_ _ N f: o y o m vy Z % 6 C u m w N g '0 D O m''a in E °UNC�md n O1p9 t ffi S�x'q W pc W j d m 1- _N a$ • J U N D O 1/ °v�I 0 �i N 'n-' d T d O y° E 1/4 � m7N CN � 11 f4 OU p� TO O C, V 0 O J 7 0� V j 3 h O O O O Y e r N N 0 d d 0 0 0 0 0 d 0 N a 0 S 8 88 •- •- 8 Q U 8 N N O 88 N N N N O O 8 ^ 8 8 N 80 N 8 •- 8 •- 02 0 U_ _ N f: o y o m vy Z % 6 C u m w N g '0 D O m''a in E °UNC�md n O1p9 t ffi S�x'q W pc W j d m 1- _N a$ • J U N D O 1/ °v�I 0 �i N 'n-' d T d O y° E 1/4 � m7N CN � 11 f4 OU p� TO O C, V 0 O J 7 0� V j 3 h O O O O Y e r §■ \ a \ E w\ 2j %� S Aaenda amNo. ,a April mz7 Page Sea |§ § -- i \ \ , c §§ k N k 2 ) 2 \ \ § ( } ( �| f- LL. k)i§ Aaenda amNo. ,a April mz7 Page Sea |§ § -- i \ \ , c §Q�(\( N K /} 2 ) 2 !2 §§ Aaenda amNo. ,a April mz7 Page Sea |§ § -- i \ \ , c , !2 §§ k �| f- LL. k)i§ a r`a.uc'nua item No. 104 April 24.. 2007 ?aae 39 of 48 April 11, 2007 ATTACHMENT COLLIER COUNTY EMERGENCY SERVICES CENTER BUILDING "LIST OF ALTERNATES INCORPORATED IN GMP" ALTERNATE #1: Provide Site Cast Architectural Concrete Wall Panels in lieu of specified Architectural Panels. This change will include a multi color Tex Cote finish in lieu of integral color concrete; include a Drylok waterproofing to the backside of the concrete panels in lieu of a cementitous waterproofing, a 30% reduction in the amount of horizontal caulk joints, and a reduction in the overall schedule from 21 months to 18 months DEDUCT - 1,134,973.00 ALTERNATE #2: Provide alternate Building Control system for HVAC (Boyd) in lieu of Johnson Controls system DEDUCT - 661,33100 ALTERNATE #3: Provide Ornamental aluminum posts for fence sections on West and South sides of property in lieu of precast columns DEDUCT $ - 240,000.00 - ALTERNATE #4: Provide Ornamental aluminum fence and gates in lieu steel as specified DEDUCT $ - 115,066.00 ALTERNATE #5: Provide alternate Audio Visual Subcontractor (Vertex) in lieu of Johnson Controls DEDUCT 177,894.00 - ALTERNATE #6: Provide Generator automatic transfer switches for owner provided generators. Generators to be installed and tested by owner DEDUCT Page 1 of 4 - 1,742,600.00 Agenda Item No. 10A April 24, 2007 Page 40 of 48 ALTERNATE #7: Delete Signage imprint into precast concrete panels on east elevation and east side of south elevation (leaves a $35,000 signage budget for the cast in place imprint) DEDUCT $ - 58,500.00 - ALTERNATE #8: Provide alternate picket rail in lieu of ornamental screen at exterior stair landings DEDUCT $ - 4,800.00 - ALTERNATE #9: Provide alternate pre- manufactured shelter for Visitors Kiosk in lieu of Precast (similar to 3 sided bus shelter) DEDUCT $ - 233,000.00 - ALTERNATE #10: Provide Picket rail in lieu of Mesh infill for railings at 3rd floor DEDUCT $ - 8,450.00 - ALTERNATE #11: Provide hot dip galvanized grate at roof chiller and FPL vault DEDUCT $ - 62,682.00 - ALTERNATE #12: Provide stamped concrete at entry in lieu of pavers DEDUCT $ - 14,600.00 - ALTERNATE # 13: Delete 7LG Lift DEDUCT $ - 11,900.00 - ALTERNATE #14: Delete 4 of the 7 Curvilinear ceiling panels at entry lobby and provide ACT -I tile and grid DEDUCT $ - 20,200.00 - ALTERNATE #15: Delete tile borders (except in lobby) and provide field the only in straight laid pattern (except in lobbies 2, 3 and 4 to be on diagonal) DEDUCT $ Page 2 of 4 111 11 Agenda Item No, 10A April 24, 2007 Page 41 of 48 ALTERNATE #16: Provide approved alternate lighting manufacturer equal to specified DEDUCT $ - 29,141.00 - ALTERNATE #17: Enroll sub in sub guard program in lieu of subcontractors providing bonds DEDUCT $ - 102,000.00 - ALTERNATE # 18: Provide alternate finish to access floor tile in lieu of carpeting and provide rubber floor tile in 24" x 24" size in lieu of 40" x 40" to eliminate waste DEDUCT $ - 68,900.00 ALTERNATE #19: Provide alternate subcontractor in lieu of JCI for fire alarm system DEDUCT $ - 106,200.00 ALTERNATE #20: Provide alternate subcontractor in lieu of JCI for Security Systems ALLOWANCE DEDUCT $ - 90,000.00 - ALTERNATE #21: Delete 20 card reader devices and provide only conduit. Delete 1 pan/tilt/zoom camera and provide 2 fixed cameras DEDUCT $ - 18,900.00 - ALTERNATE #22: Delete stairs and pipe grid in TV studio. Provided by owner in future DEDUCT $ - 34,150.00 - ALTERNATE #23: Delete 2 UPS. Provided by owner in future DEDUCT $ - 192,000.00 - ALTERNATE #24: Provide alternate manufacturer (York) for Chillers and air handlers in lieu of Trane DEDUCT $ - 109,000.00 - Page 3 of 4 Agenda Item No. 10A April 24, 2007 Page 42 of 48 ALTERNATE #25: Provide alternate manufacturer for fire dampers, smoke dampers, ROV dampers, back draft dampers, Miami -Dade louvers, sheet metal spiral duct, VF drives and sound attenuators DEDUCT $ - 51,000.00 - ALTERNATE #26: Delete the requirement for insulation on all return air ducts DEDUCT $ - 27,000.00 _ ALTERNATE #27: Provide Ecosaire Series computer room units in lieu of Liebert units DEDUCT $ - 8,000.00 - TOTAL ACCEPTED DEDUCTS $ - 5.245.289.00 Page 4 of 4 A nda lie n N3. ?OA April 24, 2007 Wage 43 Y 48 RESOLUTION NO. 2006- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE BORROWING OF NOT EXCEEDING $8,580,000 FROM THE POOLED COMMERCIAL PAPER LOAN PROGRAM OF THE FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION PURSUANT TO THE TERMS OF THE LOAN AGREEMENT BETWEEN THE COMMISSION AND THE COUNTY IN ORDER TO FINANCE THE ACQUISITION AND CONSTRUCTION OF AN EMERGENCY SERVICES CENTER, INCLUDING THE REIMBURSEMENT OF CERTAIN COSTS INCURRED BY THE COUNTY IN CONNECTION THEREWITH,; AUTHORIZING THE EXECUTION OF A LOAN NOTE OR NOTES TO EVIDENCE SUCH BORROWING; AGREEING TO SECURE SUCH LOAN NOTE OR NOTES WITH A COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON -AD VALOREM REVENUES AS PROVIDED IN THE LOAN AGREEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO EFFECT SUCH BORROWING; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION 1. DEFINITIONS. Unless the context of use indicates another meaning or intent, the following words and terms as used in this Resolution shall have the following meanings. Capitalized terms not defined herein shall have the meanings ascribed thereto in the hereinafter defined Loan Agreement. "Act" means, collectively, Part I, Chapter 125, Florida Statutes, Part I, Chapter 163, Florida Statutes, and all other applicable provisions of law. "Additional Payments" means the payments required to be made by the County pursuant to Sections 5.02(b), 5.02(c), 5.02(d), 5.05 and 6.06(e) of the Loan Agreement. "Board" means the Board of County Commissioners of the County. Aaenda Item No. 10A April 24, 2007 Paoe 44 o'48 "Chairman" means the Chairman or Vice Chairman of the Board, and such other person as may be duly authorized to act on his or her behalf. "Clerk" means the Clerk of the Circuit Court for the County, ex- officio Clerk of the Board, and such other person as may be duly authorized to act on his or her behalf. "Commission" means the Florida Local Government Finance Commission, and any assigns or successors thereto. "County " means Collier County, Florida, a political subdivision of the State of Florida. "County Manager" means the County Manager of the County or his designee and such other person as may be duly authorized to act on his or her behalf. "Designated Revenues" means (1) Public Agency Moneys budgeted and appropriated for purposes of payment of the Loan Repayments and any other amounts due under the Loan Agreement, and (2) the proceeds of the Loan pending the application thereof. "Draw" means the borrowing of money under the Loan Agreement in accordance with Article III thereof. "Loan" means the loan to be made by the Commission to the County from proceeds of the Series A Notes in accordance with the terms of this Resolution and of the Loan Agreement. "Loan Agreement" means the Loan Agreement, dated as of April 12, 1991, between the County and the Commission, as amended and supplemented and as the same may be further amended and supplemented. "Loan No. A -37" means the Loan designated as "Loan No. A -37" the proceeds of which shall be used to finance a portion of the costs of Project A -37. "Loan Note" means a note of the County evidencing the obligations incurred under the Loan Agreement by the county on account of a Draw made in regard to a Loan, which shall be in substantially the form provided in Exhibit I to the Loan Agreement. "Loan Rate" has the meaning set forth in the Loan Agreement. "Loan Repayments" or "Repayments" means the payments of principal and interest at the Loan Rate on the Loan amounts payable by the County pursuant to the provisions of the Loan Agreement and all other payments, including Additional Payments, payable by the County pursuant to the provisions of the Loan Agreement. 2 Agenda Item No. 10A April N, 2007 Page 45 of 48 "Non -Ad Valorem Revenues" means all legally available revenues of the County derived from any source whatsoever other than ad valorem taxation on real and personal property, which are legally available to make the Loan Repayments required in the Loan Agreement, but only after provision has been made by the County for the payment of services and programs which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the County or which are legally mandated by applicable law. "Program" means the Pooled Commercial Paper Loan Program established by the Commission. "Project A -37" means the costs and expenses relating to the acquisition and construction of an Emergency Services Center, as more particularly set forth in the plans and specifications on file or to be on file with the County and as the same may be amended or modified from time to time. "Public Agency Moneys" shall mean the moneys budgeted and appropriated by the County for payment of the Loan Repayments and any other amounts due hereunder from Non -Ad Valorem Revenues pursuant to the County's covenant to budget and appropriate such Non -Ad Valorem Revenues contained in Section 6.04 of the Loan Agreement. "Resolution" means this Resolution, as the same may from time to time be amended, modified or supplemented. "Series A Notes" means the Commission's Pooled Commercial Paper Notes, Series A (Governmental Issue), to be issued from time to time by the Commission. The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms, shall refer to this Resolution; the term "heretofore" shall mean before the date of adoption of this Resolution; and the term "hereafter" shall mean after the date of adoption of this Resolution. Words importing the masculine gender include every other gender. Words importing the singular number include the plural number, and vice versa. SECTION 2. AUTHORITY FOR RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act. SECTION 3. FINDINGS. It is hereby ascertained, determined and declared that: (A) The Commission has been established for the principal purpose of issuing commercial paper notes in order to provide funds to loan to public agencies, such as the 3 Aoenda Item No. 10.A April 24, 2007 Page 46 of 48 County, desiring to finance and refinance the cost of acquiring, constructing and equipping capital improvements and to finance and refinance other governmental needs. (B) In furtherance of the foregoing, the Commission shall issue, from time to time, commercial paper notes to be known as Florida Local Government Finance Commission Pooled Commercial Paper Notes, Series A (Governmental Issue)" and shall loan the proceeds of such Series A Notes to public agencies, including the County. (C) Pursuant to the authority of the Act, the Commission has agreed to loan, from time to time, to the County such amounts as shall be authorized herein and in the Loan Agreement in order to enable the County to finance, reimburse or refinance the cost of acquisition, construction and equipping of capital improvements, including Project A- 37. (D) The County desires to borrow an amount not to exceed $8,580,000 in order to finance a portion of the acquisition and construction of Project A -37. (E) The County hereby determines that the provision of funds by the Commission to the County in the form of Loan No. A -37 pursuant to the terms of the Loan Agreement and the financing of Project A -37 will assist in the development and maintenance of the public welfare of the residents of the County, and shall serve a public purpose by improving the health and living conditions, and providing governmental services, facilities and programs and will promote the most efficient and economical development of such services, facilities and programs. (F) Loan No. A -37 shall be repaid solely from the Designated Revenues. Such Designated Revenues shall include moneys derived from a covenant to budget and appropriate legally available Non -Ad Valorem Revenues. The ad valorem taxing power of the County will never be necessary or authorized to make the Loan Repayments. (G) Due to the potential volatility of the market for tax- exempt obligations such as the Note or Notes to be issued evidencing Loan No. A -37, the complexity of the transactions relating to such Note or Notes and the uniqueness of the Program, it is in the best interest of the County to deliver the Note or Notes to the Commission pursuant to the Program by a negotiated sale pursuant to Section 218.385(1), Florida Statutes, allowing the County to utilize the Program in which it participates from time to time and to enter the market at the most advantageous time, rather than at a specified advertised date, thereby permitting the County to obtain the best possible price, issuance costs and interest rate for such Note or Notes. SECTION 4. TERMS OF LOANS. The County hereby approves of Loan No. A -37 in the aggregate amount of not exceeding $8,580,000 for the purpose of providing the County with sufficient funds to finance, refinance or reimburse the costs of Project A -37. The Chairman and the Clerk are hereby authorized to execute, seal and 1d ,genda Item No. 10.4 Apri!24 2007 Page 47 of 48 deliver on behalf of the County the Loan Note and other documents, instruments, agreements and certificates necessary or desirable to effectuate the Loan as provided in the Loan Agreement. The Loan Note or Notes with respect to Loan No. A -37 shall reflect the terms of such Loan and shall be substantially in the form attached to the Loan Agreement as Exhibit L The County Manager shall determine the date or dates of funding of Loan No. A -37 in accordance with the terms of the Loan Agreement. The Loan shall mature on such date as the County Manager may determine prior to the issuance of the Loan Note for Loan No. A -37; provided, however, the final maturity of the Loan may not be later than the expiration date of the Letter of Credit (as defined in the Loan Agreement) at the time of the Draw. Loan No. A -37 shall bear interest at the Loan Rate in accordance with the terms of the Loan Agreement. Loan No. A -37 shall bear interest at the Loan Rate in accordance with the terms of the Loan Agreement. The County further agrees to make all Loan Repayments required of it pursuant to the terms of the Loan Agreement. The Letter of Credit fees for Loan No. A -37 shall be 30 basis points or such other amount as Wachovia Bank and the County Manager shall agree. SECTION 5. AUTHORIZATION OF PROJECT A -37. The County does hereby authorize the acquisition of Project A -37 and the reimbursement of any costs incurred by the County with respect to Project A -37 within the prior 60 days that are approved by bond counsel to the Program. SECTION 6. SECURITY FOR THE LOAN. The County's obligation to repay Loan No. A -37 will be secured by a pledge of and lien upon the Designated Revenues in accordance with the terms of the Loan Agreement. The obligation of the County to repay Loan No. A -37 shall not be deemed a pledge of the faith and credit or taxing power of the County and such obligation shall not create a lien on any property whatsoever of or in the County other than the Designated Revenues. SECTION 7. RESOLUTION TO CONSTITUTE CONTRACT. In consideration of the making of the Loan by the Commission, this Resolution shall be deemed to be and shall constitute a contract between (i) the County and (ii) the Commission and its successors and assigns (the Commission and its successors and assigns hereinafter referred to as the "Lender "). The pledge and agreements of the County herein set forth shall be for the benefit, protection and security of the Lender. SECTION 8. GENERAL AUTHORITY. The members of the Board and the officers, attorneys and other agents or employees of the County are hereby authorized to do all acts and things required of them by this Resolution and the Loan Agreement, or desirable or consistent with the requirements of this Resolution and the Loan Agreement, for the full punctual and complete performance of all the terms, covenants and agreements contained in this Resolution and the Loan Agreement, and each member, employee, attorney and officer of the County or its Board is hereby authorized and directed to execute and deliver any and all papers and instruments and to do and cause to W Agenda Item No. 10A April 24, 2007 Page 48 of 48 be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution and the Loan Agreement. SECTION 9. SEVERABILITY. If any one or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof. SECTION 10. REPEAL OF INCONSISTENT RESOLUTIONS. All resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the extent of such conflict. SECTION 11. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. DULY ADOPTED this _ day of BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (SEAL) By: Chairman ATTEST: Dwight E. Brock, Clerk Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: David C. Weigel County Attorney Aoenaahem No. 105 April 24. 2007 Pace 1 of E3 EXECUTIVE SUMMARY To provide information to the Board of County Commissioners of the Collier County Water -Sewer District implementation of the Water Restriction measures, per the South Water Management District ( SFWMD) Water Shortage Plan, Phase II Severe Water Shortage declaration. OBJECTIVE: To provide information regarding the Collier County Water -Sewer District ( CCWSD) implementation of the Water Restriction measures, in accordance with the South Water Management District ( SFWMD) Water Shortage Plan, Phase 11 Severe Water Shortage declaration of April 12, 2007. CONSIDERATIONS: SFWMD Phase 11 water restrictions require water users to limit outdoor water use, and apply to water from all sources: public utilities, private wells, canals, lakes, ponds, and rivers. CCWSD potable and Irrigation Quality (IQ) water (which is a blend of reclaimed water and other supplemental ground water sources), is included in these restrictions. These actions are intended to produce a thirty (30) percent reduction in overall demand on our water resources by all users. These restrictions include requiring the CCWSD to reduce by thirty (30) percent the volume of raw water we are permitted by the SFWMD (Permit No. Re -Issue 11- 00249-W) to withdraw from our wells, for treatment at the water plants. Failure to comply with the SFWMD Phase 11 declaration constitutes a violation of the terms of the permit and could lead to a suspension, revocation or modification of the permit. Staff will utilize a range of communications media to promote public awareness of these measures. The main elements of the restrictions are: Residential Applies to outdoor water use from all sources: potable water, IQ water, private wells, canals, lakes, ponds, and rivers. • Landscape irrigation and maintenance for homes and businesses with less than five acres of land o Watering to be permitted only two days (dependent on home address number) per week 4 a.m. to 8 a.m. • Landscape irrigation and maintenance for homes and businesses with more than five acres of land o Watering to be permitted only two days (dependent on home address number) per week 12:01 a.m. to 8 am. Commercial Applies to outdoor water use from all sources: potable water, IQ water, private wells, canals, lakes, ponds, and rivers. • Landscape irrigation of multi -use family units and multi use complexes with less than A ° five acres of land J �.., -T.., k 1v Executive Summary Page 2 o Watering to be permitted only two days (dependent on home address number) per week 4 a.m. to 8 a.m. • Landscape irrigation of multi-use family units and multi use complexes with more than five acres of land o Watering to be permitted only two days (from a choice four specified days) per week 12:01 am. to 8 a.m. • Commercial vehicle washing is limited to: 0 75 gallons or less for cars, vans, and small trucks (under 10,000 lbs. gross vehicle weight) 0 150 gallons or less for large trucks (over 10,OOOlbs.) • Nurseries overhead irrigation is permitted: inside daily 8 a.m. to 8 p.m. and outside daily 7 p.m. to 7 a.m. Moisture stress relief for containerized nursery stock is permitted daily, 10 minutes per irrigation zone during daylight, seven days a week. Flood irrigation is permitted 8 days per month. • Agriculture overhead irrigation is permitted daily, 2 p.m. to 10 a.m. Moisture stress relief for field -grown citrus nursery stock is permitted daily, 10 minutes per zone 11:30 a.m. to 12 p.m. (noon) and 1:30 p.m. to 2 p.m. soil flooding is permitted ONLY for vegetables seed planting, rice planting, burning of sugarcane prior to harvest, and to permit harvesting of sod, with voluntary reduction. • Golf Courses 30 percent cutback from permitted allocation. In addition to the published restrictions by the SFWMD, the public is encouraged to exercise additional voluntary reductions in any potable water use. The CCWSD has promoted conservation of water sources for many years and through the Collier County Water Irrigation Ordinance 2002 -17 has imposed ongoing restrictions that reflect the SFWMD Phase I Moderate Water Restriction. As a result of these conservation measures the CCWSD is proposing to limit the Phase II thirty (30) percent surcharge as required by the Collier County Water -Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance 2006 -27 to fifteen (15) percent. This request is a conservative approach to allow the utility to recover the ongoing fixed costs of continual operation. As a result of actual experience and actual duration of this Phase I1 period, staff will re- evaluate the revenue coverage of the fixed costs and return to the Board for alternative surcharges, as needed. Following the due process of public notification the District will return to the Board for approval of the fifteen (15) percent surcharge at the May 8, 2007 Board meeting. Ordinances 2002 -17, 2006 -27, SFWMD Permit No. Re -Issue 11- 00249 -W, SFWMD Restriction Notices for Residential and Commercial Use and Exhibit A — IQ Water Operations Protocol for Water Restrictions are included as attachments. FISCAL IMPACT: The fiscal impact of the Water Restriction measures will be the revenue loss, net of reduced variable costs, resultant from the thirty (30) percent roll -back in water consumption, r, a@flua Ile. I i4x l Executive Summary Page 3 GROWTH MANAGEMENT IMPACT: This project is consistent with and furthers the goals, objectives, and policies of the Collier County Growth Management Plan. This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATIONS: That the Board of County Commissioners are fully informed of the Collier County Water -Sewer District implementation of the Water Restriction measures, in response to the South Water Management District (SFWMD) Phase 11 Severe Water Restriction. PREPARED BY: Peter Lund, Division Operations Analyst, Public Utilities Division. Y1er�a Lzm No 1 _: Psi, COLLIER COUNTY BOARD Or CDUNTY COMMISSIONERS -- Item Number �F Item Summary: etunimenaannii Ie approve the ihlent of the Lomet County Wale, Sewer Datrr^t to i"tpl e9 Water Rest ts, _iisutss net Snuff lot AWD! Asl ,tae Gan i r DeLony. Ar,111,111fi ccblic J lh– Meeting Date: 41241500i 9.00.00 nM Approved By Peter Lund Operations Analyst Date Public Utilities Public Unties Operations V13200710'D2 AM Approved By Thomas Wades Operatic,, Double, Date Public Utilities Public Utilities Operations 411312007 10.05 AM Approved By Paul Mattauscb Water Director Date Pubbc Unllues Water 411312007 ID' 41 AM Approved By JamesW.Dr -ol, PuLba U410ia, Atlministrate, ...ue Puu.i, JNiG Public UVl6lea ACmnristretwn 4113230 "10 -5_AN' Approved BT t .r, inm tin 41 r i, l %ice..,11 .a.. 4, IT Apprm'ed By �.. Approved By r „h— r..a p r! ., - .te,.:r D' —fl Approved By "I'll I, v.oaa .f%mry G,ananer –e!r Boaro o; Cou,.y _,.unty ,tanagers Dania 411 C;2007 !put A 4,gem-,Z, Its, m N, i0? 4 ,,n 24 — LOF SOUT11 r IDA �VATER MANAGEME 1 a,-': Flol I "-)u FL V 15' 4 Nfz 111'al P. b", 24, 'l - 1. "L , 11,41,ATIM F j "`l `'I r v ' � 13 F CON 24 Permit No. 11-0O249-W ?application 1.-0 - C30K a--, fS I � --bruary 17, :',Icc COLLIE!? '_'O',;NT'Y PUBLIC ' _i' iLITES ','_-OLLIEF COUNTY PWS� EAST T_PI -I 1 TIM 1 7 FP, 11 B JAL D II NAPLES, FL 341:2 Z n 5: S1, lncerelvl Y.-1V 1 r _ -71 t T, 17 -11 1 t F-1. Ajen,,a Item No. 10B AP-P 24 20(17 Pa -e 6 of _3 =3_-1 FLCRIDA WkTER AkNAGEI•ENT DISTRICT • WATER USE PERVIT NO. 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Ta 58 Fe ^t 1 - 12" X 110" X JOC3 GPM We 1.1 Cased To 62 Fee*_ i - 12" X. 110' X 1000 GPM Well Cased To 65 Feet - 12" X 1' X 1CCD Gpm Weil Cased: To 79 Feet 1 - 12" X .1 120 ri 1C00 GPM Pe1'_ Cased To 59 Feet - 1 X 120' `: 1000 GPM W=_' .1.1 Cased To 66 Feet 1 - 12" *• 12G' ?: 1000 ¢PM Pell ..aced To 7D Feet 1 - 12" X 120' X 1607 GPM Well Cased To B6 Feet 1 - 12" X. 125' X 1000 GPM we -_sed '1'o ?2 Feet 1 - 11- X 125' :•: 16D0 GPM 47e11 Cased To 92 Feet _ -" - 12" X =26' „ i000 GPM jlie11 '..._sed '1'0 EC7 Feet. --__, X _C7o C ?M 47,11 ,._,ed To 3 Feet :{ _000 G?N, i4c1'_ .._�~'d 1p =3 x•e.Ht _ - :� _ _ = -000 M i;e11 Case? 0 1C2 .,__._ we 1! __2 C SGT Wet _.ad i_.. 250 !': F'•' PIe]'. ` -ej _ , 2 .. .._*_ M i'.' ^11 C s _.. Tn _ - 16' X w- -'l Cas_.. To X tDl` ,: .[I SID _�M 47e_1 ,.._E_.. 70 392 .. ?SCI i -tri { r °1_ C 1 To X _C:'.0 ?tS i4e.l aseo 10 730 Fe.,_ 3 °1' ., lCDO -�M i'7_tl cased To 779 Fe c_ ^27' X :070 S7'M We' 1 Cusr,d T'o `'_'1 Face `E,,- J 1 ?: .d CC t ?i•Z Hall .._ scj To 13 F e: ^.. _ - I Ell X 5 1' A ;OJD GPM Neil Cd s, n'i To .35 Fee_ 5921 i000 GPM We paned :o '78 j .� 1 _J ']F 1 !IG lien N 1,)E) Pape c of 5" m 21 We'l carr�i 1, �-q r� c V X _2C X --ee- %: Fe -- t y 1 C s T 0 C j :� W ^'15 'ADD I—ept W4 ,7 mi 71- 7 m r� n- W4 ,7 m F'� 0 e C Of 5 '2 f (2} ion in w:it-_r levels hLt hEirm the cf wttlancs, (3; Eignificalit in water levels or hydn,.pericni in a natLuxally occarring wazor bL-,-!y ,,uch a8 a lake tir POnd' war:r, tc the syste"' --' r,- - n 9 7 5 hat_tat for ra7e or :f cf ':ha pc-mit :n Viciatled, the permit small be cc:: Dc= t :2 D �c rrr 7 _' �d L' 2 by 1"0 -l-'a _-7.y pr_Jpcse.3 wat'er wL'n �I fL �S7 71. h� Aganda Item F:o. 163 ,4 y .rarer. -22 Pr� cr :0 any B=I� -ca-icu _a ri.:.Cw cr -r.e Pez-m�-- a evD-,L:a-.e ziezm wat er supply a-3:1 f�'-bm-'t a In'nu erni water :;ur)mlv plan to the District. 7'.'ithin one vea- of permit zssllar.ce' th Per:ni'--ee shall Lubmit: �iS 7�hc L)J-9t-ict a, P::,-no-.ed p, a- . nno'_"- inc! -'Sn ='n_ 7'n Sal Ine w Ilf-'e!J pzn--c'inn, plans --ance w: th &ppl; --ab --e we J wa--a- S-cr�a�es to re--re -lace overa-1-1 Pe -'7.n ..._'_1 nnn, hnn�-�- i_s , ed ay: , i 1 2007. -7 7 L F�n L V"IJ 2n !7 T a 7 n �Id i a 2 J n L 4r,.enca Item. Nt. 105 pag F-,eview for "'latni "Utn w� , �- � r, n I -e S" 1-ri a 7-5*-c- -7m e�e r tali -i on rchc 4'.11 e, 8 Permittee --hall implement the we-11-field rrelating Plan es ri. e biscr r- of ::--co:�.randat-,'on fc: pEr-Miz 5taff ren�r-� PrePared -4n fi-*�port isn,.ance un�-ate5 t-a t-e wellf-'eld C,--erat-�"g -he 71.SR well _,�ed to _effect chanqcs cDerB'� DrEl S�Ht- C� th� :r any =Y.e ,q The per�ttee shall ch7j, monitoring data in accoz7zance 4 , _1 - � wp.- 4 n. �r�r tcr--ng m fl- 'h-S nnr�,,,ej s�,,ine or, pr2u:a e -e pro j en�,t . Th-4s nrcgraTI� cons-S-TT, o:� a' r-"7,9 �rom t- chloridw sa:noles fro- ea well on a mo ^th:. -,si.- td ORDINANCE NO. 2002- 17 r,0¢7E'?azi No. 102 n- 2Dr7 �ag REt�IVED ti�J ,P c WATER IRRIGATION ORDINANCE OF COLLIER COUNTY; RESTRICTING THE HOURS OF WATER IRRIGATION IN UNINCORPORATED COLLIER COUNTY; PROVIDING TITLE AND APPLICABILITY; PROVIDING FINDINGS, PURPOSE, AND DEFINITIONS; PROVIDING IRRIGATION HOURS AND OPERATIONAL REQUIREMENTS; PROVIDING EXEMPTIONS AND VARIANCE PROCEDURES; PROVIDING PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE COUNTY'S CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE WHEREAS, Chapter 125, Florida Statutes, authorizes Boards of County Commissioners to enact ordinances deemed by the respective Board to be necessary to protect the health, safety, and welfare of the residents, citizens, or visitors of the respective County, and WHEREAS, the Board of County Commissioners of Collier County has determined that the protection of water resources is in the best interest of and for the long -term protection of the health, safety, and welfare of the residents, citizens, and visitors to Collier County, and WHEREAS, the Board of County Commissioners of Collier County has also determined that water conservation is an integral part of protecting current and future water resources, and WHEREAS, the Board of County Commissioners has deemed that placing certain restrictions on the use of water for irrigation is an effective means of conserving water. NOW, THEREFORE, BE IT ORDAINED Bl THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that. SECTION ONE: TITLE. " —T1 a _ 1.1 This Ordinance shall be called "The Collier County Water Irrigation %nanesg'' 5 e'TJ SECTION TWO: FINDINGS. C? o� o 2.1 Irrigation places a significant demand on water resources of Collier County, cn including the potable water supply system. 2.2 That adopting this Ordinance to limit allowable hours of irrigation is to promote conservation, to protect water resources, and to reduce demand upon all water sources, including sources of water that can be treated to become potable water. 2.3 That restricting allowable hours of irrigation pursuant to this Ordinance will not create undue hardship on the users of water from the affected water sources. SECTION THREE: PURPOSE AND APPLICABILITY. 3.1 The primary purpose of this Ordinance is to provide the regulatory framework to assist in conservation of water resources through consistent and uniform application of restrictions on use of water for irrigation in unincorporated Collier County. 3.2 This Ordinance shall be applicable notwithstanding any other Collier County Ordinance. SECTION FOUR: DEFINITIONS The following definitions apply throughout this Ordinance: ADO ?4. 2i.)Ol pag5 0, S" ... -, 4.1 "County" means Collier County, a political subdivision of the State of Florida, by and through its Board of County Commissioners and as Ex- Officio the Governing Board of the Collier County Water -Sewer District and Goodiand Water District. 4.2 "Code Enforcement Officer" means any authorized agent or employee of the County whose duty it is to enforce the County's codes. 4.3 "Impervious Surfaces" means surfaces that do not allow penetration of water, including, but not limited to, paved or concrete roads, paved or concrete sidewalks, paved or concrete driveways, paved or concrete parking lots, or highly compacted areas including shell or clay. 4.4 "Irrigation" means the application of water by means other than natural precipitation. 4.5 "Irrigation Systems" means equipment and/or devices which deliver water to landscaping being irrigated including, but not limited to, pumping stations and controls, control structures, ditches, public or private wells, piping, valves, fittings, and emitters. 4.6 "Landscaping" means all residential, commercial, institutional, industrial, and governmental areas which are considered as lawns or ornamentally planted, including, but not limited to, sod, grasses, turf, ground covers, flowers, shrubs, trees, mulch, hedges, and other similar plant materials. 4.7 "Low Volume Irrigation Systems" means equipment and devices specifically designed to deliver a volume of water consistent with the water requirement of the plant being irrigated and which delivers the water with a high degree of efficiency directly to the root zone of the plant. 4.9 "Low Volume Hand Watering" means watering attended by one person with one hose equipped with a self - canceling or automatic shutoff nozzle. 4.9 "Low Volume Mobile Equipment Washing" means the washing of mobile equipment with a bucket and sponge, a single hose with a self- canceling or automatic shutoff nozzle, low volume pressure cleaning equipment, or any combination of the preceding methods of washing. 4.10 "Low Volume Pressure Cleaning" means pressure cleaning by means of equipment that is specifically designed to reduce the volume of water used as accepted by industry standards. 4.11 "Pervious Surface" means every improved or unimproved surface that allows water to readily soak into, or recharge, the water aquifer under such surface. 4.12 "Water Resources" means any and all water on or beneath the surface of the ground, including, but not limited to, natural or artificial watercourses, lakes, ponds, and artificial water features, and water percolating, standing, or flowing beneath the surface of the ground. SECTION FIVE: IRRIGATION HOURS; OPERATIONAL REQUIREMENTS 5.1 All water irrigation activities within the specified geographic area(s) and within the boundaries as designated in Section Six, and which are not exempted by Section Seven, shall be restricted to the days and hours as specified in Table 1. /..gene= lem No 103 Ap P - ?DS Paa= Table 1. Collier County Irri anon Restrictions Landscaping Im' ation— Established ODD Numbered Addresses 3 days each week; Monday, Wednesday, Saturday; 12:01 AM to 8:00 AM for all types of irrigation; 5:00 PM to 7:00 PM for Low Volume Hand Watering. EVEN Numbered Addresses 3 days each week; Tuesday, Thursday, Sunday, 12:01 AM to 8:00 AM for all types of irrigation; 5:00 PM to 7:00 PM for Low Volume Hand Waterin . Landsca in Irti ation — New (in lace less than 60 da s) ALL Addresses 5 days each week; Monday through Friday, 12:01 AM to 8:00 AM for all types of irrigation; Low Volume Hand Watering all an time Irri ation S stem Maintenance Existing Systems 10 minutes per zone per week; person must be present in zone and workin on the s stem durin each such o eration. New Systems 30 minutes per zone, one time only; person must be in present zone and working on the s stem durin such o eration. Pesticide, Fungicide, Herbicide, Ferzer ApEilcalion ALL Addresses Application shall be coordinated with the scheduled day /time for Landscaping Irrigation; if applied outside of the allowed hours, and "watering in" is specified by the manufacturer of the applied material, a licensed application technician must be on the remises. ' Other Outdoor Water lists ALL Other Outdoor Water Other outdoor water uses, including car, truck, and boat Uses I washing and the washing of exterior home surfaces and roofs, shall be allowed annime with the use of Low Volume Pressure Cleaning Equipment. Low Volume Mobile Equipment Washing ' and /or w -uter hose equipped with an automatic self- canceling or automatic shutoff nozzle; in all cases, the water used must drain to a pervious surface 11 11 a water recycling /reuse system. 5.2 All water irrigation activities must and shall be operated in an efficient manner so as to not allow water to be applied to any impervious surface. 5.3 All water irrigation systems shall be equipped with a properly installed rain sensor switch. 5.3.1 A rain sensor switch shall be required on all new installations of irrigation systems. 5.3.2 A rain sensor switch shall be retrofitted on existing systems within one (I) year of the effective date of this Ordinance. 5.3.3 The rain sensor switch shall be maintained in fully operational condition at all times by the owner /operator of the irrigation system. 5.4 All water irrigation activities prohibited or restricted from time -to -time by any Water Shortage Emergency Order declared by the South Florida Water Management District and published in a newspaper of general circulation in Collier County pursuant to Section 373,175, Florida Statutes, shall automatically be incorporated into and be enforceable by application of this Ordinance. Each such Order shall apply to such geographic areas in Collier County as is specified in the respective Order, or if not specified, as otherwise then provided by law. Each Order shall he subject only to such exceptions as are specified in the respective Order, and if not specified therein, as otherwise then provided by law. SECTION SIX: IRRIGATION RESTRICTION AFFECTED AREAS 6.1 The provisions of this Ordinance shall apply only in the unincorporated geographic areas in Collier County. Aaenda Item No. '05 ADtll _4 2057 Pace 16 o 5 SECTION SEVEN: EXEMPTIONS; VARIANCES 7.1 The following are exempt from all provisions of this Ordinance: 7.1.1 Landscaping irrigation from which the source of the water is 100% reclaimed water. 7.11 Landscaping irrigation from which the source of the water is 100% saltwater. 7.1.3 Irrigation wholly from a Low Volume Irrigation System. 7.1.4 Use of Low Volume Mobile Equipment Washing provided all unused water drains into only a pervious ground surface. 7. L5 Water use to the extent authorized by a specific Consumptive Use Permit, or similar permit, issued to the respective water user by the South Florida Water Management District. 7.2 Any individual's or entity's irrigation that is affected by this Ordinance may make application to the County Water Department Director to request a variance if strict compliance with the restrictions of this Ordinance will impose a unique, unnecessary and inequitable hardship on such irrigation. Variance relief may be granted only upon a written application applying for the variance, which application contains proof that the irrigation hardship is peculiar to that individual, entity, or that affected property, that the hardship is not self- imposed; that the granting of the variance would be consistent with the general intent and purpose of this Ordinance; that the variance is necessary to eliminate an inequitable irrigation hardship; and that each variance shall vary the irrigation restrictions only to the minimum extent required to resolve the unreasonableness of the irrigation hardship that would exist but for the variance. No variance shall be granted unless the applicant is able to persuade the Director or his designee of the necessity for the variance. if the initial decision is made by the Director's designee, the only appeal shall be to the Director, and the Director's decision upon appeal to grant or deny the requested variance shall be further reviewable only as specified in subsection 7.2.1, below. 7.2.1 The County's Water Director, or individual designated by the Water Director, shall be the only individual(s) authorized to grant or deny these variances. A decision to grant or deny the variance should be made within ten (10) days after actual receipt of a complete application for the variance. Denial of a variance request may be appealed to the Public Utilities Division Administrator not later then ten (10) days of actual receipt by the applicant of the decision on the initial request. The Division Administrator's decision upon appeal shall be final. 7.2.2 An application for variance, and/or the granting of a variance, shall operate prospectively and shall not affect any then pending enforcement action pursuant to this Ordinance, or otherwise. SECTION EIGHT: PENALTIES 8.1 Each violator of this Ordinance shall be issued a citation that specifies a fine of seventy -five dollars ($75.00), plus any then applicable costs as specified in the citation issued pursuant to procedures of the Collier County's Citation Ordinance. The applicable fine shall be $75.00 notwithstanding that said Ordinance specifies fines that always exceed $75.00. Persons who commit repeat violations may also be punished pursuant to § 162.21, Florida Statutes, as a civil infraction with a maximum civil penalty not to exceed five hundred dollars ($500.00). Any person who violates any provision of this Ordinance shall also be '— subject to the County's remedies as authorized by § 125.69. Florida Statutes, Section 1- 6 of the Countv's Code of Law< and Ordinances, or es otherwise then allowed by law. The applicable penalties shall be determined by the forum selected to enforce the violation. 8. L 1 Each day, or part thereof commencing at noon of the respective day, that a violation of this Ordinance occurs by the same individual or entity may be deemed by the finder of fact to constitute a separate violation. 8.1.2 All monies collected pursuant to this Ordinance shall be used by the Code Enforcement Department to fund continued and enhanced enforcement of this Ordinance and/or other County Ordinances then under its jurisdiction. SECTION NINE: CONFLICT AND SEVERABILITY The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest of public health and to protect the water resources of Collier County. If any section, phrase, sentence, or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION TEN: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word' ordinance" may be changed to `section: ' anicle," or any other appropriate word. SECTION ELEVEN: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOP ED by the Board of County Commissioners of Collier County, Florida, this day of � L-- . 2002, Y '. jWlfiliT E. BROCk,�Clerk ;'att�at Iii to Chaim" 3q ire ,W* 1J. Approved as to form and legal sufficiency ( f I D N Y,C/L� Thomas C. Palmer, Assistant Count} Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 'COLETTA, Chairman This ordinance filed with the Secnfory of Stota's Office the /L.iit -day of 2aa- and acknowledgement of that filing received this rgt`n day of � A196-7— 6y�� c4'1 - ..:)rig = ?J,;7 Peg- "7 ,�f o3 Aaenaa Item lyo. 10B April 24.. 2007 Pa0e -I 0", 53 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2002 -17 Which was adopted by the Board of County Commissioners on the 9th day of April, 2002, during Regular Session. 5,= r m o D WITNESS my hand and the official seal of the Board�of a County Commissioners of Collier County, Florida, this 10'Pi days c � of April, 2002. o u N An v—+ o am cn DWIGHT E. - BRO9Fd "11pjr . Clerk of Ierk Ex- officicL'C,c�; •'8aard'ti��', County Clsirg. Q lam-, s . t 3 V�Ji•ti- 111' �' By: Teri Deputy Cl.erl„ -� Z ORDINANCE NO. 2006 - 27 �iN�i• O V 'ANCE OF COLLIER COUNTY, FLORIDA, AMENDING COLLIER \P2tlotCO ORDINANCE NO. 2001 -73, ENTITLED (THE "COLLIER COUNTY R -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE ") WHICH INCLUDES SIX (6) ALREADY EXISTING RATE SCHEDULES; ALSO TO INCREASE SOME OF THE FEES, RATES AND /OR CHARGES IN FIVE (5) OF THOSE SIX (6) SCHEDULES AS RECOMMENDED IN, AND IN RELIANCE UPON, A RATE STUDY, DATED JUNE 6, 2006, ENTITLED "WATER AND WASTEWATER RATE REVIEW FOR COLLIER COUNTY WATER - SEWER DISTRICT"; ALSO TO ADD, FOR THE FIRST TIME, NEW CHARGES CALLED "ALLOWANCE FOR FUNDS PRUDENTLY INVESTED (AFPI) FEE- BY INCORPORATION OF A NEW SCHEDULE SEVEN INTO APPENDIX A, AS RECOMMENDED BY, AND IN RELIANCE UPON, AN IMPACT FEE STUDY, DATED .TUNE 6, 2006; ADDING A DEFINITION OF "EQUIVALENT RESIDENTIAL CONNECTION "; DELETING A REFERENCE TO A 5300 FINE AND INSERTING THAT FINE INTO SCHEDULE 6 OF APPENDIX A; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, PROVIDING THAT THIS AMENDING ORDINANCE WILL BECOME EFFECTIVE UPON RECEIPT BY FLORIDA'S SECRETARY OF STATE, BUT THAT ALL OF THE INCREASED FEES, RATES AND CHARGES, INCLUDING (!YEW) AFPI CHARGES, SHALL NOT BECOME EFFECTIVE UNTIL SUNDAY, OCTOBER 1, 2006 WHEREAS, the original Collier County Water -Sewer District. also known as the Count, Water - Sewer District of Collier Count}. (hereinafter the "District ") was approved on November 4, 1969 by voters of Collier County in accordance with the requirements of Chapter 153, Part It, Florida Statutes; and WHEREAS, in 2001 the Board of Counts Commissioners enacted Collier Counts, Ordinance No. 2001 -73 to create a more simplified and more efficient mechanism for ,rater and sewer utility systems and for readers to more easily understand these regulations, which are applicable to the District's water. wastewater, and non - potable services; and WHEREAS.. the Board of County Commissioners of Collier County, Florida is the Ea- officio Governing Board of the District pursuant to Chapter 2003 -353, Laws of Florida, the Special Act that applies to the District; and WHEREAS, this Ordinance, for the first time, adopts a new Schedule 7 to Appendix A, Vi:7 incorporate into this Ordinance by reference a new charge called "Allowance for Funds Prudentiv Invested (AFPI) Fee," which shall become effective on Sunday, October I, 2006 and only to individuals who, and entities that, deliver to County staff the related water and /or wastewater impact fees for such_ - water and /or wastewater equivalent residential connections ( "ERCs "); and WHEREAS, this Ordinance incorporates a revised Schedule A that increases some of the rates. fees and charges as specified therein. Only Schedule Two therein is not being amended at this time. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA AS THE EX- OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, THAT ORDINANCE NO. 2001 -73, IS HEREBY AMENDED AS FOLLOWS: SECTION ONE. Adoption of "Allowance for Funds Prudently Invested (AFPI) Fee" A new Subsection (i) is hereby added to Subsection 1.3 in Ordinance Collier County Ordinance No. 2001 -73 (entitled District Rates, Fees and Charges other than Monthiy User Fees) (the same also being a new Subsection (i) to Section 134 -173 in the codified Ordinance) which new Subsection (i) shall read as follows: 1 Words underlined are added; Words stFae64hF9ugh are deleted Haen::a item No. IOF (i) Allowance (or Funds Prudently Invested (AFPI) Fee. (1) The Board of County Commissioners as Ex- officio Board of the Collier County Water -Sewer District hereby adopts Allowance for Funds Prudently Invested (AFPI) Fees, as set forth in Schedule 7 hereby appended as part of Appendix A to this Ordinance The AFPI charges may be changed from time -to -time J Collier County Ordinance or by Resolution of the Board of County Commissioners always acting as Ex officio Board of the Collier County Water -Sewer District provided the Board publishes notice of one scheduled public hearing with regard to all such then proposed changes. The proposed Resolution or Ordinance can be agendized on the Board's regular agenda or on its summary agenda (1) Allowance for Funds Prudently Invested (AFPI) Fees afford the District an opportunity to earn up to a fair rate of return on the District's investment in water and /or wastewater plant that has been constructed but is not vet used and useful Such non -used and useful plant is by definition held for future use by the District's future water and/or wastewater customers Such non -used and useful plant incurs costs such as but not limited to the District's embedded costs of borrowed money, investment of the District's money in such plant as well as operation and maintenance expenses between the time the plant is constructed and the time all of the respective equivalent residential connections (ERCs) are connected to the District's respective utility system by means of an "active connection" Calculation of the AFPI charges excludes plant_ pad from impact fees which are classified in law as "contributions -in -aid of construction" "C( .IAC "). (^) The amount of the applicable AFPI charge is controlled (determined) by the month when the related impact fee (a) to pay for the respective ERCs is received by County staff Each AFPI charge is calculated for one equivalent residential wnnect on (ERC) on a month-to-month basis. In this context there is no distinction between an ERC for residential use industrial use, commercial use or any other uses. (4) These AFPI charges apply only m ERCs reserved by payment of the relevant water and /or wastewater impact fees actually recd ed b Couniv staff ubs quent to October 1 2006 and these AFPI charees shall cease to apph to ERCS reserved by staffs receipt of these impact fee payments bseg ent to December 31 2012. (S) All water AFPI charges shall be accounted for in a separate account for the subject water treatment facilities All wastewater AFPI charges shall be accounted for in a separate account for the subject wastewater treatment facilities. SECTION TWO. Adoption of Revised Appendix A. Section 4 of Ordinance No. 2001 -73 (which is Section 134-177 of the codified Ordinance) is hereby amended to read as follows: "The Board of County Commissioners as ex- officio Board of the Collier County Water -Sewer District hereby adopts the rates, fees, and charges as set forth in schedule I through 6 7; inclusive, appended hereto as appendix A, which as of October 1, 2006, shall be imposed upon all users of the County Water- Sewer _District's services within the District's boundaries and outside the District's boundaries subject to appropriate mutual agreements. The AFPI charges shall apply only to the respective ERCs reserved by payment of the related water and /or wastewater impact fees subseouent to October 1. 2006 and these AFPI charees shall not apply to ERCs reserved by payment for the ERCs received by staff subsequent to December, 31. 2012. These rates, fees and charges may be changed from time to [line by ordinances or by resolutions of the Board of County Commissioners as ex- officio Board of the Collier County Water - Sewer District, provided the Board holds ep publishes in a newspaper of general circulation in Collier County, notice of an advertised public hearing with regard to the thenproposed schedule amendments. T_'lie proposed amendments (by County Ordinances or Board resolutions) can be agendized on the Board's - c 'ar a -e tda or on the Board's summary agenda subject to removal to the Board's regular agenda. 2 Words underlined are added; Words stt ek 4wough are deleted 24 LD;(j P ge 21 or SECTION THREE: Addinp Definition of "Equivalent Residential Connection .99 A new definition of "Equivalent Residential Connection" is hereby added at the end of Section 1.1 of Ordinance No. 2001 -73 (the same being at the end of Section 134 -171 ofthe codified Ordinance), to read as follows: "Equivalent Residential Connection shall mean three-hundred and fifty (350) gallons of water per day and is two- hundred and fifty (250) gallons of sewerage treatment Per day. " SECTION FOUR: Transfer of the Q.-tin Illegal Connection Fine 5300 from the body of the Ordinance into Schedule 6 of App ndfx A Subsection 1.4(g) (4) of Ordinance No. 2001 -73 (which is Subsection 134- 174(g) (4) of the codified Ordinance) is hereby amended to read as follows: "(4) If service has been discontinued for non - payment of bills and an illegal water connection is made, service will be renewed upon payment of all unpaid bills, time and material cost to remove the illegal connection, the cost of the estimated amount of water consumption loss, plus a -$300 the fine specified in appendix A- Schedule 6." SECTION FIVE. Conflict and Severahility. The provisions of this Ordinance shall be liberally construed to effectively carry out its purpose in the interest of public health, safety. welfare and /or convenience. If any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent iurisdictipn. such portion shall be deemed separate, distinct, and an independent provision, and such holding shall not affect the validity of the remaining portions thereof. SECTION SIX. Inclusion in the Code of Laws and Ordinances The provisions of this Ordinance shall become and be made a part of the Code of laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section', °article ", or any other appropriate word. SECTION SEVEN. Effective Date: Delayed Effective Date for the Rates Fees and Cha es. This Ordinance shall become effective upon being filed with the Department of State, but Attachment A shall not go into effect until Sunday, October 1, 2006 (except as to the $300 fine, which shall remain continuously in effect). PASSED AND DULY adopted by the Board of County Commissioners as Ex- officio Board of the Collier County Water -Sewer District this 6' day of June, 2006, ATTEST: DWIGHT E. BROCK, Clerk Bye! IQ� Deputy- �.Ierk- Attest as to Chatrun a signs 0411 0411 Approved as to orm and legal sufficiencv: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS EX- OFFICIO BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT By: FRANK HALAS, Chairman This ordinance filed with the torT�-7`,r of S�tote's Offi a the of, tdY)e. dcDILP and acknowledgement git that T film homas C Palmer, °y' received this al _ day Assistant County Attorney ° nC 3 Words underlined are added; Words stwek4h,,egh are deleted Agerlca Item No. 'OE April 24. 2007 _2 0" 53 PTI BLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A - FEES. RATES AND CHARGES Waste, Wmommt.n or, met,, Rath and wet., Sy"Intrees 1. Water: (a) Service Availability Cl arge for Individually Metered Residential, Non- Residmatil and Irrigation: Effective Effective Effective Effective Oct. 1. 2007 Effective Effective Stu Oct. L 3006 O' L 200) 'S Oct. 1, 2006 Oct. 1. 2007 5/8" inch meter 1 , per more[ SI per month 3" inch meter S 170.94 per month S 19!F7 per month 3/4" inch meter 14.00 per month 16.03 per month 4" inch meter 282.98 per month 324.00 per month 1" inch meter 30.90 per month 3538 Der month 6" inch meter 563.08 per month 644.70 per month 1 -114" inch meter 39.12 per month 44.79 per month 8" inch meter 899.20 per month 1,02953 per mouth I -la" inch meter 58.91 per month 67.45 per month 10" inch meter 1.627.44 per month LM333 per month 2" inch meter 92.47 per month 105.88 per month 12" inch meter 2,198.07 per mouth 2,516.69 per month (b) Volume Charge Per L00 Gallons: ( it Individually Metered Resldeofial, Nan - Residential and Multi. Family Residential: (c) Block Rate Structure Consumption Block in Gallon. - I , To Or Next Meter Stu Effective Effective Block3 Oct. 1, 2006 Oct. 1. 2007 Block 1 51.92 2.20 Block 2.88 3.30 Block 3.84 4.40 Block 4.80 5.50 Blacks 5.76 6.59 Block6 7.68 8.79 Consumption Block in Gallon. - I , To Or Next Meter Stu Blocks Block Block3 111oc1,4 Black Block 518•' and 3N" 5,01111 III.UU 20.000 311,000 5U.006 Iver 50,900 1" 12,000 25.0011 50.00 75.000 120.000 Over 120,0110 1_114" 20.00) 40.11011 80.1100 120.000 204000 (Iver 2011.000 1 -1 _" 25,000 50.0110 100.000 150.001. 250,1100 Over 250,000 50.61 per month 40.0ou 80,060 1611.111111 2411.111X1 400.01X1 Over 400,000 3• 80010 lbu.o0 320.1100 481,01111 800.000 0,cr 886.606 4" 120.000 250.000 5011.000 8010110 1.200.0110 Over 1.21111,0110 L" 250,000 51111.000 1.00(0110 t 500.000 2500.000 Over 2,50401X1 450,0110 91111.0110 1-11111.006 2,760,01111 45110.00 (Iver 4.518),1100 lo^ 706.000 1,4511.00 2.900.000 4.300,000 7.606,000 Over 7,00,000 12" 1,075,600 2,15U,000 4.36400 6.450,600 11,060,660 Over 11,066,000 2. W'ertrwater. la) W astewvter Sen'ire Availablin Charge for Individually Metered Residen[ial, Non- Residentiah antl Mu104amily: Effective Effective Effective Effective Sure Ort. h 206 Oct. 1, 2007 Sire Oct. L 2006 Oct. 1, 2007 518 inch meter 2,26 per month S24, 9 per month 3 ineM1 meter 5287.24 per month 5315.96 per mouth 314 inch meter 22.26 per month 24.49 per month 4 inch meter 476.32 per month 523.93 per month I inch meter 50.61 per month 55.67 per month 6 inch meter 949.23 per month 1,1144.12 per month 1 -1/4 inch meter 64,90 per month 71.38 per month 8 inch meter 1.516.92 per month 1,668.55 per month I -IR inch meter 97.93 per month 107.72 per month 10 inch meter 2,719.65 per month 2,991.50 per month 2 inch meter 154.75 per month 170.22 per month 12 inch meter 4,030.95 per month 4,433.89 per month (b) Volume Charge per 1,000 gallons: Effective Effective OeLL 206 OcL1, 2007 (t) All Metered Llsage $3.13 S344 (ii) Individually Metered Residential Maximum: The maximum volumetric charge for individually metered residential property shall be 15.000 gallons per month. Ord 2007 Schedule 1 District -Wide Water Wastewater Rates 61712016 2'48 PM Aril PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT I INIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A — FEES, RATES AND CHARGES SCHEDULE I — DISTRICT -W IDE N'ATER and WASTEWATER RATES Pve2of2 1. Fire Systems (Dedicated and Compound): (a) Fire Meter (i) Fire Service meter size will refer to the largest diameter meter register installed for Dirt protection. (ii)Fire Service meter connection that have consumption registerd for three consecrative billing periods arc deemed to have provided domestic or other water usage shall be billed sect rdin to regular water monthly rvail.bliby and usage the rges as described hereto. (h) Volume Charge: (I) Per 1.000 Italians Water Restriction Sureharge: Percent Reduction Flow Charge Role Water Shortage Phase- In Overall Demand Adjustment Percents e Phase 1 - Maderate Leas Than 15% 15% Phase 2 - Severe Lear Phan 30% 30% Phase l - Esteems Lea Then 40% 40% Phase i - Critwid Less Than 60% 6D% Ord 2007 Schedule 1 Disbict -Wide Water Wastewater Rates 6,712006 2.48 PM Agenda Item No. )OE Apri: 24, 2007 Pane 2z of �_3 PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A -FEES, RATES AND CHARGES SCHEDULE 2- GOODLAND SUB - DISTRICT WATER Page 1 of 2 Providing monthly user fees for residential, non - residential and multi- family properties in the Goodland Water Sub- district as follows: Water (a) Service Availability Charge: (i) Individual Metered Residential, Non - Residential and multi - family properties: Meter Size Proposed Oct. 1. 2006 Effective Oct. 1, 2006 '/. inch S 25.00 per month I inch S 58.00 per month I '/. inch S 113.00 per month 2 inch $ 178.00 per month 3 inch S 353.00 per month 4 inch S 548.00 per month 6 inch S 1,095.00 per month 8 inch S 1,967.00 per month (b) Volume Charge per one thousand gallons (S/Mgal) of usage: (i) Individual Metered Residential, Non- Residential and multi - family properties: _ Block Proposed Oct. 1. 2006 Block 1 (1) S 4.30 Block 1 (1) S 5.30 Block 1 (1) S 6.40 Black 1 (1) S 7.40 Block 1 (1) S 850 Block 1 (1) S 10.60 (1) Same Block Rate Structure ac that cf Collier County Water -Sewer District. (c) Block Rate Structure: Consumption Blocks in Gallons - Up To Or Next Meter Size Block 1 Block 2 Block 3 Block 4 Block 5 Block 6 5/8" and 3/4" 5,000 I 0,000 20,000 30.000 50,000 Over 50.000 1" 12,000 25,000 50,000 75,000 120,090 Over 120,000 1 -1/4" 20,000 40,000 80,000 120,000 200,000 Over 200,000 1 -1R" 251000 50,000 100,000 1501000 250,000 Over 250,900 2" 40,000 80,000 160,000 240,000 400,000 Over 400,000 3" 80,000 160,000 320,000 480,000 800.000 Over 800,000 4" 120,000 250,000 500,000 800.000 1,200,000 Over 1,200,000 6" 250,000 500,000 1.000,1100 1,500,000 2,500,000 Over 2,500,000 8" 450,000 900,000 1,800.000 2,700,000 4,500,000 Over 4,500,000 Ord 2007 Schedule 2 Goodland Rates 617/2006 2:47:10 PM F,PrF 242007 Pale 25 of c- PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A — FEES, RATES AND CHARGES SCHEDULE 2 — GOODLAND SUB - DISTRICT WATER Page 2 of 2 (2) The usage charge shall be adjusted based on the following formula: Purchased Water Adiustment Clause(PWAC) — Ex" tin Rtes (New City of Marco Island Volume Charge — Old City of Marco Island Volume Charge) Adder $0.75 Existing Goodland S/Mgal + Adder = New Goodland S/Mgal The purpose of the 0.75 factor is needed to adjust for unaccounted for water and the change in the monthly fixed charges from the City of Marco Island. For Each Rate Block: Existing Rate Block S / Mgal+ Adder — New Rate S / Mgal Ord 2007 Schedule 2 Goodland Rates 6/7/2006 247 10 PM Agenda horn No. 1 =,)J124 2007 Pao° 2= Y v3 PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A — FEES, RATES AND CHARGES SCHEDULE 3 — IRRIGATION QUALITY WATER RATES Page I of 1 Irrigation quality (Reuse) Rates Irrigation Quality Water usage in the District shall be at the following schedule: (a) Service Availability Charge: Individually Metered Irrigation: Meter Sin Effective October 1, 2006 5/8 and 3/4 inch $ 5.00 1 inch $ 11.00 1.5 inch $ 23.00 2 inch $ 46.00 3 inch $ 91.00 4 inch $ 182.00 6 inch S 346.00 8 inch $ 628.00 10 inch S 1.005.00 12 inch S 1.497.00 (b) Volume Charge per 1,000 gallons: TN Dc of Service Effective October 1. 2006 (i) Pressurized and distributed 50.75 (ii) Pressurized 50.39 (iii) Bulk 50.30 Ord 2007 Schedule 3 IQ Rates 617/2006 2:46:56 PM ae _- o` 5 PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A — FEES, RATES AND CHARGES SCHEDULE 4 — METER TAPPING CHARGES AND BACKFLOW DEVICE CHARGES Page 1 of 1 Meter Installation Charges (Tapping Fees) I. Meter Installation charges to be paid to the District shall be as follows: Meter size meter tapping charges: Meter Tapping Charges With Meter Service Line Installation Charge Size Effective Oct. 1, 2006 Meter Tapping Charges Without Meter Service Line Installation Charge Size Effective Oct 1 2006 inch S676 .00 % inch $248.00 1 inch $738.00 1 inch $282.00 1.5 inch $1,012.00 1.5 inch $493.00 2 inch $1,140.00 2 inch $618.00 The fees are based upon meter installation for a tvpical single - family residence. In all nther circumstances, the meter installation fee shall be based upon the district's actual cost for time, equipment and materials. $214.011 BackBow Device Charges (1) Backllnsv Device Charges to be paid to the District shall be as follows: Ord 2007 Schedule 4 Meter Tapping and Backilow Device Rates.doc 6/72006 246:26 PM Reduced Pressure Backfhos Double Check Valve BackOow Meter Prevention Assembhr Charms Meter Prevention Assemblv Charge Size Effective Oct. 1. 2006 Size Effective Oct. 1. 2006 'i. in $214.011 �. inch $108.00 1 inch 5237.00 Iinch $116.00 1.5 inch 5345.00 1.5 inch 5294.00 2 inch S41 2.00 2 inch $342.00 Ord 2007 Schedule 4 Meter Tapping and Backilow Device Rates.doc 6/72006 246:26 PM Aaeoda item Nc. 105 t.p _ X0'1' Page 2b Y 53 PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A — FEES, RATES AND CHARGES SCHEDULE 5— EQUIPMENT, LABOR AND ADMINISTRATION CHARGES Page lof t DESCRIPTION EFFECTIVE OCT. I, 2006 (1) Equipment (Per Hour Rates): Rehab & Electrician's Truck S 75.00 Crew Trucks S 50.00 Vactor Truck S 200.00 Camera Truck S 150.00 Boom Truck S 100.00 20 Yard Dump Truck S 70.00 10 Yard Dump Truck S 40.00 Pumper Truck S 200.00 Track Hoe( Big or Small) S 50.00 Back Hoe S 65.00 Olympian Generators S 60.00 Dewatering System S 40.00 4" Trash Pump $ 10.00 Mud Hog S 15.00 Trailer S 45.00 Signs, Barricades and /or Traffic Board S 100.00 Road Saw and /or Compactor S 15.00 Miscellaneous Small Equipment S 5.00 (2) Labor (Per Hour Rates)' Tech 1 & 2 S 30.00 Supervisors S 40.00 (3) Administration (per incident), 15% or 5300; Whichever is smaller. (4) Patty and Sub - contractors Actual Cost Ord 2007 Scheduie 5 Equipment Charges labor Charges 6/7/2006 2:46:09 PM PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A — FEES, RATES AND CHARGES SCHEDULE 6— MISCELLANEOUS CHARGES Pagel oft DESCRIPTION EFFECTIVE OCT 1 2006 New Accounts - Change of Ownership S 25.00 Turn Off/Turn On at Owner's Request S 38.00 Meter Re -Read (if different - charge is SO) S 38.00 Meter Test: Onsite Test (more than 3% error - charge is SO) $ 80.00 Offsite Bench Test (more than 3% error - charge is SO) S 215.00 Meter Lock S 55.00 Meter Unlock 2nd and Subsequent Events 5 55.00 Unlock after hours $ 100 W Meter Removal S 160.110 Illegal Connection Actual time and mat I I Convenience Fee- Credit Card Temporarr Meter Deposit Duplicate Bill Processing Fee Non- Sufficient Funds (NSF) Processing Charge Late Pavment Charge Vehicle Over Meter Charge Removal of Landscaping to Access Meter Septage Processing Charge /1,000 gallons Grease Trap Waste Charge /1,000 gallons Ord 2007 Schedule 6 Miscellaneous Charges 6/7,2006 2:46:44 PM =Una 2- J) 73 e 'a cost. p us average consumption, plus a 53011.00 fine S 5.00 SL000.0k S 2.00 15% of the amount or $100, whichever is smaller 5% of unpaid balance S 55.00 S 75.00 S 31.00 S 42.00 Aaenda item No. 10B prll xD Face 30 of 53 PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A - FEES, RATES AND CHARGES SCHEDULE 7 - ALLOWANCE for Funds Prudently Invested (AFPI) Page I of 1 AFPI Schedule Per ERC- Water System (•) Payment Calendar Year Year Month 2006 2007 2008 2009 2010 2011 2012 2011 January $0.00 $58.69 5234.76 $410.84 $586.91 5762.98 $939.05 5267.65 February 0.00 73.36 249.44 425.51 601.58 777.65 953.72 162.50 March 0.00 88.04 264.11 440.18 616.25 792.33 968.40 0.00 April 0.00 102.71 278.78 454.85 630.93 807.00 983.07 May 0.00 117.38 293.45 469.53 645.60 821.61 997.74 .Tune 0.00 132.05 308.13 484.20 660.27 836.34 1,012.42 420.59 July 0.00 146.73 322.80 498.87 674.94 851.02 1,027.09 74 August 0.00 161.40 337.47 513.54 689.62 865.69 1,041.76 95.59 September 0.00 176.07 352.14 528.12 704.29 880.36 1,056.43 August October 14.67 190.74 366.82 542.89 718.96 895.03 1,056.43 678.68 November 29.35 205.42 381.49 557.56 733.63 909.71 1,056.43 573.53 December 44.02 220.09 396.16 572.23 748.31 924.38 1,056.43 353.68 AFPI Schedule Per ERC- Wastewater System I') Pavment Calendar Year Month 2006 2007 2008 2009 2010 2011 2012 January $0.00 $38.24 $152.94 5267.65 5382.36 5497.06 $611.77 February 0.00 47.79 162.50 277.21 391.92 506.62 621.33 March 0.00 57.35 172.06 286.77 401.47 516.18 630.89 April 0.00 66 91 181.62 296.33 411.03 525.74 640.45 Mav 0.00 76.47 191.18 305.89 420.59 535.30 650.111 June 0.00 86.03 200 74 315.44 430.15 544.86 659.57 July 0.00 95.59 210.30 325.00 439.71 554.42 669.12 August 0.00 105.15 219.86 334.56 449.27 563.98 678.68 September 0.00 114.71 229.41 344.12 458.83 573.53 688.24 October 9 56 124.27 238.97 353.68 468.39 583.09 688.24 19' 11 133.87 248.53 363.24 477.95 592.65 688.24 LNovember December 18.68 143.38 258.09 372.80 487.50 602.21 688.24 I') AFPI fee is initiated on October 1, 2006. Ord 2007 Schedule 7 Allowance Funds Prudently Invested (AFPI) STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2006 -26 Which was adopted by the Board of County Commissioners on the 6th day of June, 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 7th day of June, 2006. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio ta`BOard.of County Commis�icners By: Heidi R. Rockhold, Deputy Clerk 4aenu-� item Ne. SOB fiGril "4, 20G7 e 32 0, 53 County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE Clerk of Courts Dwight E. Brock 3301 TAMIAMI TRAIL. EAST Accountant Clerk of Courts P.O. BOX 413044 Auditor NAPLES, FLORIDA 34101.3044 Custodian of County Funds January 3, 2007 Ms. Karyln Solis, While reviewing the ordinances from last year, I noticed that Ordinance 2006 -27 has the wrong information on the certification page. It references Ordinance 2006 -26, instead of 2006 -27. We sent you the correct Ordinance, the information on the certification page is incorrect. If you could attach this letter to the Ordinance's certification page to explain the mistake. I am also inclosing a copy of Ordinance 2006 -27 so you can reference it. Thank you and please contact me if you have any questions. Sincerely, eresa Dillard, Deputy Clerk Phone - (239)732 -2646 Fax - (239)775 -2755 Website -www clerk.collier fl us Email- collierclerk (aclerk.collier.fl.us tr The South Florida Water management District is a regional, governmental agency that oversees the water resources in the southern half of the state. It is the oldest and largest of the state's five water management districts. Our Mission is to manage and protect water resources of the region by balancing and improving water quality, flood control, natural systems, and watersrpply. NOTE This document represents o summary of Phase II Water -USe Restrictions as they apply to residential/ community use. For more details, or for a copy of the Water Shortage Rule visit www.sfwnad.gov Water restrictions o0 apply to water from ALL SOURCES: public utilities, private wells, canals, lakes, ponds and rivers. Exceptions: 100 percent reclaimed water use is not restricted. iL,iil 24. �L�[���. �e..t�tr� � ✓1' E. r e r RESIDENTIAL /COMMUNITY Water -Use Restrictions PHASE 11 Water Shortages Water shortages and water conservation fall under the District's mission for water supply. South Florida depends upon rainfall for its water supply. While South Florida gets an average of 5' inches of rain a year, the iainfal! is seasonal, tallinz mostly in the summer and tall. The :aintall is also cvclical, meaning there are typically 10 -veal rycls of drought and food. To manage wat, r shortages in an organized and efficient manner, the District has adopted a Plan and a Rule to restrict water use when supplies fall short. (Sec. 373246, Florida Statutes; Ch. 40E -21, Florida Administrative Code). The goal is to protect the remaining supply by conserving water, preventing saltwater intrusion and assuring a fair, distribution of available supplies. Water Users Water users are grouped into categories according to use — residential, agricultural, industrial, recreational, etc. — and, according to the source from which the water comes. Residential users are the largest user -group affected by water restrictions. Water -Use Restrictions The District has established specific water -use restrictions according to the severity of the water shortage — Phase I, moderate; Phase 11, severe; Phase III, extreme; and, Phase IV, critical — each requiring an increasingly larger reduction in water use. The District correlates each phase of the restrictions to the overall percentage of reductions needed. Phase II water restrictions require water users to limit outdoor water use (see back page). These actions are intended to produce a 30 percent reduction in overall demand APRIL 2007 on our water resources by all users. Because all users do not use the same amount of water, Phase II restrictions DO NOT mean that public utilities must reduce the amount of water they sell by 30 percent. It is up to ALL water users from all sources to get us to the overall 30 percent reduction. General Guidelines • All wasteful and unnecessary water use is prohibited. • Essential services involving public health and safety, such as fire fighting, are not restricted. • Water -use restrictions DO NOT apply to the use of reclaimed water. • Water rests ikons DO apply to water Loin ALL SOURCES: public utilities, private wells, canals, lakes, ponds and rivers. Exceptions: 100 percent reclaimed water use is not restricted. • Any exemptions from the restrictions must be through a formal process, that is, by obtaining a variance from the District. Residential /Community Water -Use Restrictions PHASE II Summary Because about half the drinking water used in South Florida is for landscape irrigation, the District targets outside water use for restrictions. Irrigation is most efficient in the early- morning hours when less evaporation occurs. It's Worth Saving Landscape Irrigation It Maintenance for Homes and Businesses With Less Than Five Acres of Land • Watering is permitted on Wednesdays and Saturdays from 4 a.m: 8 a.m. for homes with addresses that end with an odd number (1,3,5,7,9). • Watering is permitted on Thursdays and Sundays from 4 a.m: 8 a.m. for homes with addresses that end with an even number (0,2,4,6,8) or with no address. • Hand watering with one hose and an automatic shut -off nozzle is also allowed from S p.m.-7 p.m. on the same days. • New landscaping, planted for less than thirty days, may be watered Monday through Friday from 2 a.m.-8 a.m. • Hand watering with one hose and an automatic shut -off nozzle of new landscaping shall be voluntarily reduced. • Watering in of pesticide,'fertilizer by homeowners or nonlicensed individuals is allowed during hours and days of the watering schedule and for 10 minutes after application. Owner or agent must be on site. • Watering in of pesticide /fertilizer by a licensed technician shall be voluntarily reduced. The technician must be present during application. • When cleaning, adjusting of repairing existing irrigation systems, ten minutes of operating the irrigation system per zone /per week is permitted. And, 10 minutes per zone of system operation is permitted on a one -time basis for new irrigation systems. Landscape Irrigation if Maintenance for Homes and Businesses With More Than Five Acres of Land - Watering is permitted on Wednesdays and Saturdays from 12:01 a.m: 8 a.m. for homes with addresses that end with an odd number (1,3,5,7,9)- • Watering is permitted on Thursdays and Sundays from 12:01 a.m.- 8 a.m. for homes with addresses that end with an even number (0,2,4,6,8) or with no address. • New landscaping, planted for less than thirty days, may be watered Monday through Friday from 12:01 a.m.- 8 a.m. • New landscaping watering by hand with one hose and an automatic shut -off nozzle shall be voluntarily reduced. • Watering in of pesticide /fertilizer by homeowners or nonlicensed individuals is allowed during hours and days of the watering schedule and for 10 minutes after application. Owner or agent must be on site. • Watering in of pesticide /fertilizer by a licensed technician shall be voluntarily reduced. The technician must be present during application. • When cleaning, adjusting or repairing existing irrigation systems, ten minutes of operating the it system per zone /per week is permitted. And, 10 minutes of system operation is permitted on a one -time basis for new it systems. South Florida Water Management District \ 3301 Gun Club Road West Palm Beach, Florida 33406 561- 686.8800 • FL WATS 800 -432 -2045 www.sfwmd.gov 1 RD r4/07 MAILING ADDRESS: P.O. Box 24680 West Palm Beach, FL 33416 -4680 Item [UNITY WATER -USE RI Car, Boat & Equipment Washing (Residential /Unlicensed individual Company) 34 of 53 • Washing of cars, boats and other equipment is permitted 4 a.m.-8 a.m. and 5 p.m :7 p.m. on hie landscape watering days. Washing must be done on, or must drain to, a non -paved surface that permits water to soak into the ground. And, it must be done using a hose with an automatic shut -off nozzle and /or low- volume pressure cleaner. • Washing and detailing of cars if done by a licensed individual or company using an automatic shut -off nozzle and low water -use techniques shall be voluntarily reduced. • Rinsing and flushing of boats after saltwater use is allowed once a day for up to 15 minutes per boat. 7 Other Outdoor Water Uses • Washing or rinsing of sidewalks, driveways, streets or other paved surfaces is NOT ALLOWED at any time unless done with low - volume pressure cleaning equipment. That `r is, the equipment must be designed to reduce the volume of water used. • Low- volume pressure cleaning of any sunace and structure is permitted. • Live - aboard boats that serve as a primary residence may be washed of rinsed during the landscape watering daytime schedule based on the number of the boat slip of the address of the location of the dock. • Filling or refilling of swimming pools is allowed. If a pool is emptied, it must drain onto a non -paved surface such as a lawn. • Re- circulating fountains and ornamental water features may be operated if the water use is efficient, meaning that there is no wind drift, leaking or overflowing of water. Further Water Supply Shortages The District may declare more stringent restrictions as set forth in Phases II, III and IV. For the average person, the major difference in the phases is the number of days and (lours that water may be used outside the home. Residential /Community irrigation hours: Phase I I, two days per week for 4 hours; Phase III, one day for three hours; Phase IV, one day for one hour; and, in more severe conditions, the District may restrict all outside watering. For n7ore information, visit our web site at www.sfwmd.gov /conserve Of Call our Water Conservation Hotline at (800) 662 -8876. SERVICE CENTERS Big cypress BasinlNoples 239 -263 -7615 Broword 954 -713 -3200 Florida Keys (Plantation Key) 305- 853 -3219 or 800464-5067 Lower West Coast 239- 338 -2929 or 800- 248 -1201 Mai-tin/St. Lucie 772 -223 -2600 or 800 - 250 -4100 Miami -Dade or 800. 250 -4300 Okeechobee 863- 462 -5260 or 800 -250 -4200 Orlando 407- 858 -6100 or 800 - 250 -4250 Palm Beach county 561- 682 -2283 or 800 -432 -2045 ME The South Florida Water Management District is a regional, governmental agency that oversees the water resources in the southern half of the state. It is the oldest and largest of the state's five water managernent districts. Our'MiSSIOn is to manage and protect water resod ces of the region by balancing and improving water gualiq', flood control, natural systems, and vdater supply. NOTE This document represents a summary Of PHASE II Water -Use Restrictions as they apply to commercial/ recreation use. For more details, or for a copy of the Water Shortage Rule visit wimms fwm d. gov water restrictions Do apply to water from ALL SOURCES: public utilities, private wells, canals, lakes, ponds and rivers. Exceptions: loo percent reclaimed water use is not restricted. I , -1 7 COMMERCIAL /RECREATION Water -Use Restrictions PHASE II Water Shortages Water shortages and water conservation fall under the Districl's mission for water supply. South Florida depends upon rainfall for its water supply. While South Florida nets an average of 52 inches of lain a year, the rainfall is seasonal, falling mostly in the summer and tall. The rainfall is also cydical, meaning there are typically 10 -year cvds of drought and flood To manage water shona_s in an organized and efficient manner; the District has adopted a Plan and a Rule to resVid water use when supplies fall short. !Sec. 373?46, Florida Statutes; Ch. 40E -21, Florida Administrative Code). The goal is to protect the remaining supply by conserving water, preventing saltwater intrusion and assuring a fair distribution of available supplies. Water Users Water users are grouped into categories according to use — residential, al-noultwal, industrial, recreational, etc. — and, according to the source from which the water comes. Residential users are the largest user -group affected by water restrictions. Water -Use Restrictions The District has established specific water -use restrictions according to the severity of the water Shortage — PHASE I, moderate; PHASE II, severe; PHASE III, extreme; and, PHASE N, critical — each requiring an increasingly larger reduction in water use. The District correlates each phase of the restrictions to the overall percentage of reductions needed. Phase II water restrictions require water users to limit outdoor water use (see back page). These actions are intended to produce a 30 percent reduction in overall demand on our water resources by all users. Because APRIL 2007 all users do not use the same amount of water, Phase II restrictions DO NOT mean that public utilities must reduce the amount of water they sell by 30 percent. It is Lip to ALL water users from all sources to get us to the overall 30 percent reduction. General Guidelines • All wasteful and unnecessary water use is prohibited. • Essential services involving public health and safeq', such as fire fighting, are not restricted. • N'afe" -use restrictions DO NOT apply to the use of reclaimed water. • Water restrictions DO apply to water from ALL SOURCES: public utilities, private wells, canals, lakes, ponds and rivers. Exceptions: 100 percent reclaimed water use is not restricted. • Anv exemptions from the restrictions must be through a formal process, that is, by obtaining a variance from the District. Commercial/ Recreation Water -Use Restrictions PHASE 11 Summary Low - volume water use for irrigation, mobile equipment washing, and hand watering is permitted anytime, with voluntary reduction. Low - volume methods include: Irrigation: Using equipment designed to limit watering to plant requirement, placing water under canopy directly at the root. Mobile Equipment Washing: Using bucket and sponge and hose with automatic shirt -off nozzle and /or low - volume pressure cleaner. Pressure Cleaning: Using equipment designed to reduce inflow volume as accepted by industry standards. It's Worth Saving Irrigation Systems (cleaning, adjusting, repairing) Licensed Individual /Company" • Less Than One Acre: Watering is permitted 10 minutes per zone per week. • One Acre or More: Watering is permitted one hour per acre per week. *For recreation areas, golf courses, nurseries, and other agricultural uses refer to the Water Shortage Order, Landscape Watering Multi -Use Family Units" /Multi -Use Complexes • Less Than Five Acres: For entities that irrigate both odd and even addresses: Watering is permitted Thursdays and Sundays from 4 a.m. to 8 a.m. No area may be irrigated more than two days a week. • More Than Five Acres: For entities that irrigate both odd and even addresses: Watering is permitted two days a week on any of these days: Wednesdays, Thursdays, Saturdays or Sundays from 12:01 a.m. to 8 a.m. No area may be irrigated more than two days a week. WATER -USE Page 36 of 53 • Moisture stress relief for containerized nursery stock is permitted daily, 10 minutes per irrigation zone during daylight, seven days a week. • Flood irrigation is permitted 8 days per month. Agriculture • Low - volume irrigation and hand watering is voluntarily reduced. • Overhead irrigation (including portable volume guns) is permitted daily, 2 p.m: 10 a.m. • Moisture stress relief for field -grown citrus nursery stock is permitted daily, 10 minutes per irrigation zone: 11:30 a.m. -12 p.m. (noon) 1:30 p.m.-2 p.m. Soil flooding is permitted ONLY for vegetable seed planting, rice planting, burning of sugarcane prior to harvest, and to permit harvesting of sod, with voluntary reduction. Golf Courses • 30 percent cutback from permitted allocation. ** includes Homeowners Association;: a variance i5 not required. Marinas Pesticide /Fertilizer Application • commercial boat washing using low- volume methods shall be Licensed Individual /Company - Voluntary Reduction voluntarily reduced. • Application is permitted anytime. Pesticideffertilizer technician Recreation Areas must be on premises when water is applied. Pesticide /Fertilizer Application Nonlicensed Individual /Company - Voluntary Reduction • Application is permitted for a maximum of 10 minutes per zone after application. Owner of agent must be on site. Vehicle Washing - Commercial Establishment at Fixed Location - Voluntary Reduction • Washing is limited to 75 gallons or less per vehicle for cars, vans, and small trucks (under 10,000 lbs. gross vehicle weight) • Large trucks (over 10,000 lbs.) limited to 150 gallons or less. Vehicle Washing - Licensed Custom Servicing at Mobile Location - Voluntary Reduction • Washing /detailing is permitted anytime using low- volume methods such as using a hose with an automatic shut -off nozzle or IoW- volume pressure cleaner. Nurseries • Low - volume irrigation and hand watering is voluntarily reduced. • Inside overhead irrigation is permitted daily, 8 a.m: 8 p.m. • Outside ovedmead irrigation is permitted daily, 7 p.m. -7 a.m. p4ER �N a� 0 b sr;�G South Florida Water Management District 3301 Gun Club Road West Palm Beach, Florida 33406 561- 686 -8800 • FL WATS 800 - 432 -2045 www.sfwmd.gov MAILING ADDRESS: P.O. Box 24680 West Palm Beach, FL 33416 -4680 • Watering new or existing landscaping permitted during residential landscape watering schedule. • Watering newly seeded and: or sprigged areas (planted for less than 30 days) is permitted daily, 10 minutes per irrigation zone: 11:30 a.m. -12 p.m. 1:30 p.m.-2 p.m. and 3:30 p.m. -4 p.m. • Watering porous, non - vegetated recreation /sporting surfaces (baseball infields, clay tennis courts and racetracks) is penmitted 10 minutes prior to each event. Restaurants - Voluntary Reduction • Restaurants are encouraged to serve water only when requested. Applications for Variances Users seeking relief from water -use restrictions should file an application that states how the request qualifies for a variance and describes the nature of the relief desired. The applicant must provide reasonable assurances that the variance will not otherwise harm the water resources of the District. Users must conform to water use restrictions until the variance is granted. Forms and instructions available at www.sfwmd.gov /conserve. For more information, visit our web site at www.sfwmdgov /conserve or call our Water Conservation Hotline at (800) 662 -8876. SERVICE CENTERS Big Cypress Basin /Naples v>- 263aG15 Broward 954 -713 -3200 Florida Keys (Plantation Key) 305 -853 -3219 or 800 - 464 -5067 Lower West coast 239- 338 -2929 or 800 -248 -1201 Martin /St. Lucie 772- 223 -2600 or 800 - 250 -4100 Mlamf,Dode Okeechobee o, 2,0-300 863 - 462 -5260 or 800- 250 -4200 Orlando 407- 858 -6100 or 800 -250 -4250 Palm Beach County 561- 682 -2283 or 800 -432 -2045 Ailenda i"en, [V,, 05 April 24 2967 T�a ^e : ,7 0? c„ RECEIVED SOUTH FLORIDA WATER MANAGEMENT DISTRICr�!t 7 C?.."K'S OFFICE 3301 GUN CLUB ROAD WEST PALM BEACH. FLORIDA ' 2 2H7 "' 4 1 F` IN THE MATTER OF: Order No. 2007 - 060= D',AO,,wam4 iT OiSTRICI Declaration of Emergency Modified Phase II Severe Water Restrictions within the Caloosahatchee River Watershed — North Water Use Basin, Caloosahatchee River Watershed — South Water Use Basin, South Hendry County /L -28 Gap Water Use Basin, Big Cypress Preserve Water Use Basin, Fakahatchee North Water Use Basin, Fakahatchee South Water Use Basin, and the Coastal Collier County Water Use Basin within Lee, Glades, Hendry, Collier. and portions of Charlotte Counties. DECLARATION OF EMERGENCY MODIFIED PHASE II SEVERE WATER SHORTAGE RESTRICTIONS The Governing Board of the South Florida Water Management District (hereinafter 'District "), after considering recommendations of District staff and being otherwise fully apprised of the matter, issues this Order ( "Order') Sections 373.083. 373.175 and 373.246, Florida Statutes ( "F.S. "), and Chapter 40E -21, Florida Administrative Code ( "F.A.C. "), based on the following Findings of Fact and Ultimate Facts and Conclusions of Law. FINDINGS OF FACT 1. The area determined to be under stress is depicted in Exhibit A, which is attached and incorporated into this Order, and is described as: those portions of Lee, Charlotte, Glades, Hendry, and Collier Counties which are within the Caloosahatchee River Watershed - North Water Use Basin, Caloosahatchee River Watershed - South Water Use Basin, the South -Hendry County /L -28 Gap Water Use Basin, Fakahatchee Agenda Item No. 103 Fa e ✓J of `J3 North Water Use Basin, Fakahatchee South Water Use Basin. Big Cypress Preserve Water Use Basin, Coastal Collier County Water Use Basin, and are within the jurisdiction of the District. 2. The sources of water supply that are affected by this Order include: A) all surface waters within the above - mentioned water use basins as identified in Exhibit A that are not covered by Order 2007 - 033- DAO -WS; and B) groundwater from the Water Table, Lower Tamiami, Sandstone and Mid - Hawthorn Aquifers. 3. On the southwest coast of Florida, the Water Table Aquifer. the Lower Tamiami Aquifer, and the Sandstone Aquifer normally receive recharge from rainfall during the wetter months of June through October. Water levels within these sources decline during the dry months of November through May, due to higher demands and reduced rainfall. Rainfall in Southwest Florida has been significantly below normal rainfall levels, ranging from 5 to 8 inches below normal for the dry season (typically November through May) since November 1, 2006- The Southwest Coast Basin has received only 4.12 inches of rain, this Is 34% of the 12.22 inch average rainfall for this time period. The East Caloosahatchee Basin has received only 3.74 Inches of rain, this is 31 % of the 12.03 inch average for this time period. The Big Cypress Preserve Water Use Basin has received 6.33 inches of rain, which is only 55% of the normal 11.56 inches of average rainfall for this time period. 4. Water levels in surface water canals and in the Water Table Aquifer are generally below normal for this time of year. Water levels in the Water Table Aquifer are 1 to 1 -1/2 feet above their lows for the period of record. As water levels in the Water Table Aquifer drop, recharge to the underlying Lower Tamiami and Sandstone otl lien: Na u-n 41p'i'i -'4 �r)(, Aquifers decreases, this in turn causes reductions in the water levels of those aquifers. In addition, low groundwater levels in the Water Table Aquifer result in increased risk of wild fires. 5. Water levels within the Lower Tamiami Aquifer along coastal Collier County and southwestern Lee County range from sea level to a few feet below mean sea level. There is a landward gradient across the saltwater interface in southern coastal Lee County and coastal Collier County as a result of the current drought. These conditions favor saltwater intrusion in these areas. 6 Water levels in the Sandstone Aquifer have reached record low levels for this date and a number of weli water levels within eastern Lee County and western Hendry County are within two feet of their all -time lows. These conditions have caused well failures for domestic wells using suction -type pumps. Water levels within the Sandstone Aquifer in Lehigh Acres are approaching Maximum Developable Limits as described in criteria 3.2.4 of the Districts "Basis of Review for Water Use Applications Within the South Florida Water Management District.' Pursuant to that criteria, harmful aquifer mining occurs when the Maximum Developable Limits are encountered or exceeded. 7. Water levels in the Mid - Hawthorn Aquifer in Lee County are tens of feet below land surface, with several monitoring stations (e.g., North Cape Coral) reporting all -time low levels. Water levels are approximately 10 to 17 feet lower than last year at this date. 8. Lee County Utilities relies on water from the Caloosahatchee River to provide potable supply to portions of their North Service Area. The water intake at the 3 �,aenca lte Yi No, i',!G APrii 24. 2007 Paae 40 o' E3 Olga potable water treatment plant is experiencing saltwater intrusion with dissolved chloride levels of 298 mg /I measured on April 11, 2007. The secondary drinking water standard is 250 mg /I. 9. Lake Okeechobee normally provides freshwater flows to keep the water of the Olga potable water treatment plant fresh. However. Lake Okeechobee has dropped to a level (10.07 as of April 11, 2007) where it is not feasible to deliver sufficient freshwater flows to purge the saltwater from the Olga plant intakes. On March 15, 2007, the District imposed Modified Phase II Severe Water Shortage Restrictions on users of Lake Okeechobee including the North Lee County Utility Service Area. 10. The Climate Prediction Center is projecting a high probability of 'below normal' rainfall from April through May 2007. Prospects for significant rainfall within the next two months are poor. 11. Projected evapotranspiration (ET) is also expected to increase for the months of April and May. Combined with the low rainfall predictions, conditions favor a net reduction in water supply availability over the next two months. At the same time, supplemental demands for consumptive users are anticipated to peak during this period, creating the potential for further depletion of limited surface water groundwater storage. 12. Based on the unanticipated below average rainfall received over the recent dry season, higher than normal temperatures. projected high levels of user demands during this dry period, and unanticipated continuing decline in already low surface water and groundwater levels, the potential for serious harm to the water resources is significant. Id A- 13. The District recognizes there are economic implications of Imposing Phase II restrictions on all use classes within the Lower West Coast. However, implementing such cutbacks are necessary and additional restrictions may be needed in the future. 14. In addition to this Order. Modified Phase II Severe Water Shortage Restrictions have been placed on all users within the Lake Okeechobee Service Area, including the Everglades Agricultural Area Water Use Basin, Lakeshore Perimeter Water Use Basin, Caloosahatchee River Water Use Basin. Portions of the Indian Prairie Water Use Basin, and the St. Lucie River Water Use Basin 'n response to extremely low water availability in Lake Okeechobee, Order No. 2007 - 033- DAO -WS. and Modified Phase III restrictions are being considered at the April 12, 2007 Governing Board meeting. 15. The District finds that an emergency declaration is required to address the need for immediate action. ULTIMATE FACTS AND CONCLUSIONS OF LAW 16. Pursuant to Section 373.083, F.S., the Governing Board is authorized to issue orders to implement the provisions of Chapter 373. F.S., including emergency orders pursuant to Section 120.569(2)(n), F.S. Sections 373.175 and 373.246. F.S.. specifically authorize the Governing Board to issue orders declaring the existence of a water shortage. 17. Section 373.246, F.S., authorizes the Governing Board to adopt a water shortage plan to regulate the withdrawal and use of water resources of the District. Chapter 40E -21, F.A.C., is the District's Water Shortage Plan. `.+1 Aaenda Item No. SUB Apri! 24 20G Page 42 0' 53 18. Pursuant to Rule 40E- 1.611. F.A.C., an emergency exists when immediate action is necessary to protect, public health, safety, welfare: the health of animals, fish or aquatic life: the works of the District: a public water supply, or recreational, commercial, industrial, agricultural or other reasonable uses of land and water resources. 19. Based on the findings recited above and pursuant to Sections 373.175 and 373.246, F.S., it is hereby concluded that emergency conditions exist that pose an immediate danger to the public health, safety. or welfare and requires an immediate order of the District to protect the public health, safety or welfare. 20. A declaration of water shortage and any provision or restriction adopted pursuant thereto under the water shortage plan may be modified by the Board pursuant to Rule 40E- 21.291, F.A.C. Rule 40E- 21.271. F.A.C., recognizes the restrictions contained in Part V of Chapter 40E -21, F.A.C., are general water use restrictions and also authorizes the Governing Board to order any combination of restrictions in lieu of or in addition to those in Part V, Chapter 40E -21. F.A.C. 21. Rule 40E- 21.401, F.A.C., and permit conditions authorize the Governing Board to obtain data concerning monitoring of water usage. The District has monitored the conditions of the water resources and the needs of the users. 22. Based on the cumulative assessment of water availability in Lake Okeechobee and climate forecasts, there is a significant potential that sufficient water will not be available in the regional system to meet anticipated demands without mandatory restrictions on water usage within the Basins. The rapid decline in groundwater level declines and the present and projected water demands in the Basins C ja:,,n "e !,en !ia '0= require the imposition of mandatory water shortage restrictions. 23. Pursuant to Sections 373.083. 373.175 and 373.246, F.S.. and after consideration of the factors listed in Rule 40E- 21.331, F.A.C., and the facts described above, the Governing Board finds that an emergency exists requiring immediate action necessary to protect the public health, safety, and welfare and to protect the health of animals their habitat, recreational and agricultural uses and water resources of the District. 24. Considering the above findings of fact.. it is necessary to declare a water shortage, imposing Modified Phase II Severe Water Shortage Restrictions, as modified, for all use classes withdrawing water from the Water Table Aquifer, the Lower Tamiami Aquifer, the Sandstone Aquifer and the Mid- Hawthorn Aquifer within the Caloosahatchee River Watershed —North Water Use Basin, Caioosahatchee River Watershed —South Water Use Basin, South Hendry County /L -28 Gap Water Use Basin, Big Cypress Preserve Water Use Basin. Fakahatchee North Water Use Basin, Fakahatchee South Water Use Basin, and the Coastal Collier County Water Use Basin within Lee, Charlotte, Glades, Broward, Hendry, and Collier Counties, The Phase II restrictions identified in Rule 40E- 21.531, F.A.C., and as modified by this Order, are geared toward achieving the goal of a 30% cutback in overall demand. ORDER Based upon the above Findings of Fact, Ultimate Facts and Conclusions of Law, the Governing Board orders that: 25. A water shortage is declared and modified Phase II Severe Water Shortage restrictions are imposed on all use classes that withdraw ground water from 7 Agenda lYem No. 105 P,gri' 24. 20G7 Pane ?° o` 6'. the Water Table Aquifer, the Lower Tamiami Aquifer, the Sandstone Aquifer and the Mid - Hawthorn Aquifer and surface waters within the Lower West Coast Region, as depicted in the attached Exhibit A that are not covered by Order 2007- 033- DAO -WS. A copy of the Modified Phase II Severe Water Shortage Restrictions is attached as Exhibit 2 26. Information regarding this Water Shortage Order is posted on the District's Internet Web Site at www.sfwmd.gov. and will be communicated on a water "user hotline" for persons that do not have access to the Internet or have additional questions for District staff. 27. Agricultural uses that are otherwise in the Lake Okeechobee Service Area and use Lake Okeechobee or connected surface waters as a source, shall comply with the Phase II restrictions imposed by Water Shortage Order No. 2007 - 033 -DAO- WS, or subsequently declared, stricter orders affecting all or part of the Lake Okeechobee Service Area. 28. Permitted water users are requested to continue submitting water usage monitoring data in accordance with permit conditions, unless specifically required to report use on a more frequent basis in this Order. In addition, the Director of the Water Use Regulation Department is authorized to request, in writing, those permitted water users whose permit conditions require submittal of water usage monitoring data to provide additional data or data submittals at increased frequencies, as determined appropriate. 29. A user may request relief from this Order by filing an application for variance in accordance with Rule 40E- 21.275. F.A.C., but must conform to the water R I acme tier. too. GE use restrictions until the Executive Director grants a temporary variance or the Governing Board grants a variance. 30. The Governing Board requests that every city and county commission. state and county attorney, sheriff, police officer and other appropriate local government official within the boundaries of Exhibit A assist in the implementation and enforcement of this Water Shortage Order. The District staff will cooperate with the local governments in implementing such enforcement measures. 31. This Order imposing modified Phase II Severe Water Shortage Restrictions, sha!I become effective on April 13. 2007 and shad remain in effect until modified or rescinded by the Governing Board, or the Executive Director, if the circumstances set forth in Subsection 40E- 21.291(5). F.A C., are present. 32. A copy of the Notice of Rights is attached as Exhibit C. DONE AND SO ORDERED at a public meeting held at 3301 Gun Club Road, West Palm Beach, Flor� Nil ls 12th day of April, 2007. OF SOUTH FLORIDA WATER MANAGEMENT DISTRICT (corporate seal) o BY ITS GOVERNING BOARD ATTEST: 'IN �fabl /shea�9S�0 l V 1 11 11.1 � ` B C. 4- . BY: ' CAROL ANN WE Assistant Secre ary Executive Director ON: Legal Form Approved: BY Elizabeth D. Ross E Aoenda lien, Nc 1:i V 4rr11 24 =7 LOWER WEST COAST REGION Modified Phase II Water Shortage (Delineation of Individual Water Use Basins) Caloosahatchee River Watershed - North Il _ aloosahatchee River 1 BO loosahatchee River tersheo - South South Hendry County L -28 Gap So. Hendry County Fakahatchee - North 1 I L -28 Gap 'r ,I Big Cypress Preserve Coastal Collier Fakahatchee - South County' a 1C 41 N T, 10 5 0 10 Miles EXHIBIT A Item Iva S09 a)rii Zd, '1 7 PBae 4! 0? EXHIBIT B MODIFIED PHASE II RESTRICTIONS FOR LOWER WEST COAST (1) Essential /Domestic /Utility /Commercial. (a) Essential Use. 1. The use of water for firefighting, safety, sanitation, health and medical purposes and other essential uses shall not be restricted. 2. Fire hydrant flushing shall be undertaken only on an emergency basis. 3. Sanitary sewer line flushing and testing shall not be restricted except on a voluntary basis. (b) Domestic Type Use. 1. Residential type domestic use shall be voluntarily reduced to 50 gallons per person per day. 2. Domestic type use in industrial and commercial establishments shall be voluntarily reduced. (c) Water Utility Use. 1. Initial pressure at the point of use (meter) shall be reduced to levels no greater than 45 pounds per square inch. Upon reduction of pressure, the utility shall notify the appropriate fire- fighting agencies and make arrangements for direct communication when additional pressure is required. 2. New water line flushing and disinfection shall be restricted to the hours of T00 P -M. to 7:00 A.V. seven days per week. 3. As may be appropriate the utility shah institute additional voluntary conservation measures such as reclaiming of backwash water, improving and accelerating leak detection surveys and repair programs, installing and calibrating meters, and stabilizing and equalizing system pressures. (d) Power Production Use. Water used for power production shall be voluntarily reduced. (e) Commercial and Industrial Process Use. 1. Commercial car washes shall be restricted as follows: a. For washes servicing passenger vehicles and mobile equipment weighing less than 10,000 pounds, i. Use in excess of 75 gallons per wash shall be prohibited; and ii. Use equal to or less than 75 gallons per wash shall be voluntarily reduced; b. For washes servicing mobile equipment weighing 10,000 pounds or more, i. Use in excess of 150 gallons per wash shall be prohibited; and J. Use equal to or less than 150 gallons per wash shall be voluntarily reduced. 2. Water used for commercial and industrial processes shall be voluntarily reduced. 3. Water use for cleaning, adjusting and repair of irrigation systems by a licensed person or entity shall be restricted as follows: a. Projects one irrigated acre or greater in size shall be limited to one hour per acre per week, b. Projects less than one irrigated acre in size shall be limited to 10 minutes per zone per week. 4. Water use for pesticide application under the supervision of a licensed pest control operator shall be voluntarily reduced. Under the provisions of this subparagraph, the applicator must be on the premises when water is applied outside of the hours allowed for irrigation. 5. Water use for well development under the supervision of a licensed well contractor shall be voluntarily reduced. 6. Water use for mobile equipment washing by 2 licensed person or entity shall be voluntarily Aaenca Item No 100 April 24. 2007 ra0e 4 Y j;!. reduced. (2) Agriculture. (a) Agricultural Use. 1. Overhead irrigation of agricultural crops is permitted after 4:00 P.M and before 12:00 P.M.. seven days per week. 2. Low volume irrigation hours shall not be restricted. 3. All irrigation systems shall be operated in a manner that will maximize the percentage of water withdrawn and held which is placed in the root zone of the crop and will minimize the amount of water which is withdrawn and released or lost to the user but is not immediately available for other users. 4. Users having access to more than one source class shall maximize the use of the lesser or least restricted source class. 5. Overhead irrigation stress reduction shall be allowed daily for 10 minutes per irrigation from 11:30 A.M. to 12:00 P.M. and 1:30 P.M. to 2:00 P.M, seven days per week. 6. (a) Livestock Use. Livestock water use shall be voluntarily reduced. (b) Aquacultural Use. Aquacultural water use shall be voluntarily reduced. (c) Soil Flooding. 7. Soil flooding for vegetable seed planting, rice planting, burning of sugarcane prior to harvest and to permit harvesting of sod shall be voluntarily reduced. 8. Soil flooding for all other purposes shall be prohibited. (e) Freeze Protection. Water use for freeze protection shall be restricted to situations in which official weather forecasting services predict temperatures likely to cause permanent damage to ` crops. (3) Nursery/Urban Irrigation /Recreation. (a) Nursery Use. t. Low volume irrigation uses and low volume hand watering shall be voluntarily reduced. 2. Overhead irrigation uses shall be restricted as follows: a. Inside — 8:00 A.M. to 8:00 P.M. seven days per week. b. Outside — 2:00 A.M. to 8:00 A.M.. seven days per week. c. Outside overhead irrigation for containerized nursery stock moisture stress reduction on stock grown in containers shall be allowed daily for 10 minutes per Irrigation zone during daylight hours seven days per week. 3. Flood irrigation systems shall be restricted to 6 days per month. (b) Landscape Irrigation — New Installation. 1. For installations which have been in place for less than 30 days, and a. less than 5 irrigated acres in size, water use for irrigation shall be restricted to the hours of 4:00 A.M. to 8:00 A.M., Monday, Tuesday, Wednesday, Thursday, Saturday and Sunday. b. 5 irrigated acres or greater in size, water use for irrigation shall be restricted to the hours of 2:00 A.M. to 8:00 A.M. Monday, Tuesday, Wednesday, Thursday, Saturday, and Sunday. 2. Low volume irrigation and low volume hand watering of new landscaping shall be voluntarily reduced. 3. Cleaning and adjusting of new irrigation systems shall be restricted to 10 minutes per zone on a one time basis. (c) Landscape Irrigation — Existing Installation. 1. For existing installations less than 5 irrigated acres in size, water use for irrigation shall be restricted to the hours from 4:00 A.M. to 8:00 A.M. for all types of irrigation, except low volume Denaa Item No, I 0 nprk ?4. ?0.`.:7 aaegca��' irrigation or otherwise provided in subsection c., and 5:00 P.M. to 7:00 P.M. for low volume hand watering, for two days per week. a. Installations with odd addresses shall be permitted to irrigate on Wednesday and Saturday. b. Installations with even addresses or no address shall be permitted to irrigate on Thursday and Sunday. c. Installations which irrigate both even and odd addresses, including multi - family units, with existing landscapes less than five irrigated acres in size shall be permitted on Thursday and Sunday and shall be restricted to the hours from 4:00 A.M. to 8:00 A.M., and 5:00 P.M. to 7:00 P.M. for low volume hand watering. No area may be irrigated more than 2 days per week. 2. For existing installations 5 irrigated acres or greater in size, water use for irrigation shall be restricted to the hours from 12:01 A.M. to 8:00 A.M. for all types of irrigation, except low volume irrigation or otherwise provided in subsection c., and 5:00 P.M. to 7:00 P.M. for low volume hand watering, for two days per week. a. Installations with odd addresses shall be permitted to irrigate on Wednesday and Saturday. b. Installations with even addresses or no address shall be permitted to irrigate on Thursday and Sunday. c. Installations which irrigate both even and odd addresses. including multi - family units, with existing landscapes 5 irrigated acres and greater in size, shall be permitted on Thursday, and Sunday and shall be restricted to the hours from 12:01 A.M. to 8:00 A.M. and 5:00 P.M. to 7:00 P.M for low volume hand watering. No area may be irrigated more than 2 days per week 3. Water use for cleaning, adjusting and repair of existing irrigation systems shall be limited to ten minutes per zone per week. 4. Low volume irrigation shall be voluntarily reduced. Low volume hand watering of existing landscaping as minimally necessary to prevent plant die off is allowed. S. Irrigation of Bermuda turfgrass sports fields shall be restricted to the hours of 12:01 A.M. to 8:00 A.M. on Thursdays and Sundays. Irrigation of surrounding facilities not planted in Bermuda turfgrass shall be irrigated as per the restrictions for the irrigation of existing landscape as stated in Subsection (d), as applicable. (d) Recreation Area Use. 1. Landscape irrigation for new and existing recreation areas shall be restricted to the hours prescribed for new and existing landscape irrigation in paragraphs (b) and (c) respectively. 2. Irrigation of seeded and/or sprigged recreation areas that have been in place for less than thirty days shall be allowed daily for 5 minutes per irrigation zone from 11:30 A.M. to 12:00 P.M., 1:30 P.M. to 2:00 P.M. and 3:30 P.M. to 4:00 P.M. 3. Watering of pervious non - vegetated recreational /sporting surfaces shall be restricted to ten minutes of application prior to each recreational /sporting event. Low volume watering shall be used. (e) Golf Course Use. Golf courses shall reduce their 1 in 10 monthly demands as calculated using the District's Basis of Review for Water Use Applications by 30 %. The 30% cutback shall be calculated and applied on a weekly basis and the irrigation volumes applied shall be reported to the District via fax (561 682 -2633) or phone (561 682 -2190) by noon every Friday. For those golf course that use water from multiple sources, such as surface water and reclaimed water. the weekly pumpage reports shall specify the volumes pumped from each source. (f) Water Based Recreation Use. 1. Water based recreation water use shall be voluntarily reduced. 2. Draining of facilities into sewers or onto impervious surfaces shall be prohibited. 3. Existing facilities shall not be refilled except for makeup water, unless the facility is leaking 1111, Agenda Item N:;. "i0B Paae 50 of 53 more than one inch of water a day. If a facility is leaking more than one inch of water a day and is in need of repair, it may be drained onto a pervious surface for repairs and subsequently refilled. (4) Miscellaneous. (a) Cooling and Air Conditioning Use. The use of water for cooling and air conditioning shall be restricted to that amount of water necessary to maintain a minimum temperature of 78 degrees Fahrenheit. (b) Dewatering Use. Discharge of fresh water to tide from dewatering shall be prohibited. (c) The watering in of individual cemetery grave sites to complete burial services shall be conducted via low volume hand watering only. (d) Filling of existing water based recreational facilities is allowed after repair or resurfacing. (e) Water served in restaurants shall only be provided upon request. (f) Other Outside Uses. 1. Washing or cleaning streets, driveways, sidewalks, or other impervious areas with water shall be prohibited. 2. Outside pressure cleaning shall be restricted to only low volume pressure cleaning. Non- commercial low volume pressure cleaning shall be permitted on Wednesday and Saturday for odd addresses or Thursday and Sunday for even addresses. Commercial low volume pressure cleaning may occur seven days a week. 3. Mobile equipment washing with water shall be restricted to the hours and days prescribed for existing landscape irrigation in paragraph (3)(c)1., using only low volume mobile equipment washing methods and shall be conducted over a pervious surface or in an area that immediately drains to a pervious surface. Rinsing and flushing of boats after saltwater use shall be limited to 15 minutes once a day for each boat. 4. Washing boats that serve as a primary residence shall be restricted to the hours and days prescribed for existing landscape irrigation in paragraph (3)(c)1. Boats with an odd slip number shall be permitted to be washed on Wednesday and Saturday. Boats with an even slip number or no slip number shall be permitted to be washed on Thursday and Sunday. 5. Rinsing of salt spray from vehicles in coastal areas shall be limited to 2 minutes per vehicle, one time per day. Low volume methods shall be used. 6. Watering of fertilizer or pest control products as required by the product label is permitted for a maximum of 10 minutes per zone immediately following applcation. The applicator must be on the premisses when water is applied outside of the hours otherwise applicable irrigation restrictions provided herein. (g) Aesthetic Use. 1. Non - recirculating outside aesthetic uses of water shall be prohibited. 2. Water use for outside aesthetic purposes by facilities that recirculate water shall be voluntarily reduced and must meet the following criteria: a. Draining of water from outside aesthetic facilities into sewers or onto impervious surfaces is prohibited. b. Outside aesthetic facilities shall not be operated when wind conditions cause water to be lost from the recirculating capacity of the facility. c. Outside aesthetic facilities that leak water shall not be operated. d. Outside aesthetic facilities that lose water due to an overflow shall not be operated. 3. Inside aesthetic uses of water shall be voluntarily reduced. 4 4,e a It ^m No. 'Oc 4;pril Z 20;,7 Paae 5 1 o` 53 NOTICE OF RIGHTS As required by Sections 120.569(1), and 120.60(3), Fla. Stat., following is notice of the opportunities which may be available for administrative hearing and /or judicial review when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights. Right to Request Administrative Hearing A person whose substantial interests are or may be affected by the South Florida Water Management District's (SFWMD or District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569, 120.57, and 120.60(3). Fla. Stat. Persons seeking a hearing on a District decision which does or may determine their substantial interests shall file a petition for hearing with the District Clerk within 21 days of receipt of written notice of the decision in accordance with Rule 28- 106.111, Fla. Admin. Code. Any person who receives written notice of a District dec sion and fails to file a written request for hearing within 21 days waives the right to request a hearing on that decision as provided by Subsection 28- 106.111(4), Fla. Admin. Code. The Petition must be filed at the Office of the District Clerk of the SFWMD. 3301 Gun Club Road, P.O. Box 24680, West Palm Beach, Florida. 33416, and must comply with the requirements of Rule 28- 106.104 Fla. Admin. Code. Filings with the District Clerk may be made by mail, hand - delivery or facsimile. Filings by e-mail will not be accepted. A petition for administrative hearing is deemed filed upon receipt during normal business hours by the District Clerk at SFWMD headquarters in West Palm Beach, Florida. Pursuant to Rule 28- 106.104, Fla, Admin, Code, any document received by the office of the District Clerk after 5:00 p.m. shall be filed as of 8:00 a.m. on the next regular business day. • Filings made by mail must include the original and one copy and must be addressed to the Office of the District Clerk, P.O. Box 24680, West Palm Beach, Florida 33416. • Filings by hand - delivery must also include the original and one copy of the petition. Delivery of a petition to the District's security desk does not constitute filing. To ensure proper filing, it will be necessary to request the District's security officer to contact the Clerk's office. An employee of the District's Clerk's office will file the petition and return the extra copy reflecting the date and time of filing. • Filings by facsimile must be transmitted to the District Clerk's Office at (561) 682 -6010. Pursuant to Subsections 28- 106.104(7) (6) and (9) Fla. Admin. Code. a party who files a document by facsimile represents that the original physically signed document will be retained by that party for the duration of that proceeding and of any subsequent appeal or subsequent proceeding in that cause. Any party who elects to file any document by facsimile shall be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed with the clerk as a result. The filing date for a document filed by facsimile shall be the date the District Clerk receives the complete document. Rev. 9/12/06 1 EXHIBIT C F,cenca Itern No. 10B 4pril24 20C;7 -aoe �? of 53 The following provisions may be applicable to SFWMD actions in combination with the applicable Uniform Rules of Procedure (Subsections 40E -0 109(1)(a) and 40E- 1.511(1)(a), Fla. Admin. Code): (1)(a) "Receipt of written notice of agency decision" as set forth in Rule 28- 106.111, Fla. Admin. Code, means receipt of either written notice through mail or posting that the District has or intends to take final agency action, or publication of notice that the District has or intends to take final agency action. (b) If notice is published pursuant to Chapter 40E -1, F.A.C., publication shall constitute constructive notice to all persons. Until notice is published, the point of entry to request a formal or informal administrative proceeding shall remain open unless actual notice is received. (2) If the District's Governing Board takes action which substantially differs from the notice of intended agency decision the persons who may be substantially affected shall have an additional point of entry pursuant to Rule 28- 106.111. Fla. Admin. Code, unless otherwise provided by law. The District Governing Board's action is considered to substantially differ from the notice of intended agency decision when the potential impact on water resources has changed. (3) Notwithstanding the timeline in Rule 28- 106.111, Fla. Admin. Code, intended agency decisions or agency decisions regarding consolidated applications for Environmental Resource Permits and Use of Sovereign Submerged Lands pursuant to Section 373.427. Fla. Stat., shall provide a 14 day point of entry to file petitions for administrative hearing. Hearings Involving Disputed Issues of Material Fact The procedure for hearings involving disputed issues of material fact is set forth in Subsection 120.57(1). Fla. Stat., and Rules 28- 106.201 -.217, Fla. Admin. Code. Petitions involving disputed issues of material fact shall be filed in accordance with Rule 28- 106.104, Fla. Admin. Code, and must comply with the requirements set forth in Rule 28- 106.201, Fla. Admin. Code. Hearings Not Involving Disputed Issues of Material Fact The procedure for hearings not involving disputed issues of material fact is set forth in Subsection 120.57(2), Fla. Stat, and Rules 28- 106.301 -.307. Fla. Admin, Code. Petitions not involving disputed issues of material fact shall be filed in accordance with Rule 28- 106 -104, Fla. Admin. Code, and must comply with the requirements set forth In Rule 28- 106.301. Fla, Admin. Code. Mediation As an alternative remedy under Sections 120.569 and 120.57, Fla. Stat., any person whose substantial interests are or may be affected by the SFWMD's action may choose to pursue mediation. The procedures for pursuing mediation are set forth In Section 120.573, Fla. Stat., and Rules 28- 106.111 and 28- 106.401 -.405, Fla. Admin. Code. Choosing mediation will not adversely affect the rights to a hearing if mediation does not result in a settlement. DISTRICT COURT OF APPEAL Pursuant to Sections 120.60(3) and 120.68, Fla. Stat., a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by fling a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or in _. the appellate district where a party resides and filing a second copy of the notice with the SFWMD Clerk within 30 days of rendering of the final SFWMD action. Rev. 9/12106 2 EXHIBIT C LiG "l 24. V,,7 pane 56 O` Irrigation Quality (IQ) Water Operations Protocol for Water Restrictions Collier County Water /Sewer District IO Water System Our Collier County Water /Sewer District (CCWSD) IQ Water system is permitted as a blended system whereby reclaimed water is supplemented with water from two well - fields (Mule Pen and Pelican Bay). Therefore Phase II Severe Water Shortage restrictions would apply to our interconnected IQ system, as confirmed to the Collier County Public Utilities Division, Wastewater Director by the SFWMD -Big Cypress Basin Board's Director (the SFWMD) on 4/16/2007. Collier County Water /Sewer District IO Water System Protocol The following is the IQ Water system prioritized protocol to be followed during the water restrictions as reviewed and approved by the SFWMD on 4/16/2007 IQ Water supplemental wells, Mule Pen and/or Pelican Bay, may be used in combination to meet the demand as needed under the restrictions and will be only utilized up to and not exceeding 70% of production capacity. 2. IQ Water supplemental wells will only be utilized up to and not exceeding 70% of permitted production capacity, in alignment with the Phase II restrictions. 3. In a surplus reclaimed water situation, withdrawal from Mule Pen (MP) wells will be the first withdrawal to be reduced to prevent Deep Injection Well (DIW) disposal for compliant IQ Water. 4. Pelican Bay (PB) wells will be the next withdrawal to be reduced to prevent reclaimed DI W disposal for compliant IQ water. 5. If there is additional surplus reclaimed water available, it will be utilized for public purpose such as the Collier County Parks (North Regional Park and others connected to the IQ water system). As soon as the operational permits for the Aquifer Storage and Recovery (ASR) well are granted, any surplus reclaimed water will be used to charge the ASR well. 6. All IQ Water customers will be responsible for compliance with the restrictions and compliance reporting as directed by the SFWMD. 7. Collier County Water Sewer District will continue to coordinate with the SFWMD to optimize IQ Water resources in compliance with the declared restrictions. George Yilmaz Wastewater Director, Public Utilities Division 16 April, 2007 Aoenda Item No. 100 April 24. 2007 Pace 1 of 6 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners provide the County Manager or his designee direction as to the manner for calculating allowable wetslips when a project shoreline is within a conservation easement. OBJECTIVE: To have the Board of County Commissioners (BCC) provide the County Manager or his designee direction as to the manner for calculating allowable wetslips when a project shoreline is within a conservation easement. CONSIDERATION: On December 12, 2006, the BCC directed the County Manager to report back to the BCC as to how staff has applied the Manatee Protection Plan (MPP) criteria for calculating the maximum number of wetslips allowed for a proposed multi - docking facility. This Executive Summary addresses the rationale for how staff has applied the MPP criteria to calculate maximum wetslip densities when a project proposes a wetslip docking facility with its shoreline in a conservation easement (CE). Possible future actions are also provided for the BCC's consideration. Since the adoption of the MPP in May 1995, staff has applied the provisions of the MPP to exclude the amount of shoreline within CE's from the calculation of maximum allowable wetslips. Until recently, this application has occurred without review of the CE itself. This has r the effect of reducing the number of wetslips for a facility where its property has shoreline in a CE. The specific question that staff is requesting direction from the BCC is: How should the County calculate the maairnrnn number of wetslips./or a multi- docking facility when part of the project's shoreline is within a conservation easement? MPP and Land Development Code (LDC) Provisions Relevant portions of the MPP and LDC are contained in Attachment A. The rating system specified in the LDC uses the amount of shoreline to calculate the maximum number of wetslips. Although the LDC specifies that the purpose of the marina siting criteria is to help determine the maximum wet slip densities in order to improve existing Manatee protection, neither the LDC nor the MPP definition of shoreline specifically addresses shoreline within CE's. Both the MPP and LDC do, however, recognize that mangrove systems are necessary and important habitats for Manatee protection. State evaluation of MPP criteria Staff has coordinated its review of projects with the State Florida Wildlife Conservation Commission (FWCC) since the State was part of the development of the MPP and provided its approval of the County's MPP. The County has also adopted the MPP into the Conservation and Coastal Management Element of the County's Growth Management Plan. The State looks to the County to evaluate a proposed project and to determine its consistency with the MPP. The State also utilizes these criteria in its own permitting processes. State agency staff have advised County staff that the total length of shorelines, including that which is within CE's, is used in the calculations for maximum allowable wetslips where the 4a-nda lien, !•d CiC purpose of the CE is vegetation management. However, where the CE prohibits "in -water structures ", the length of shoreline within the conservation easement is excluded from the calculations and thus the number of allowable wetslips are reduced in proportion to the length of the excluded shoreline. State staff indicate that "in -water structures" can be characterized as the construction and operation of future docks, wet or dry slips, piers, launching facilities or structures other than existing on the property, or activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking, dredging, and fencing. Sample Calculations Attachment B provides examples of calculations for shorelines that are contained within or are located outside of CE's. Note that in both the examples, the location of the actual wetslip facility must be located outside of the CE. The calculated maximum allowable wetslips depends on whether the part of the shoreline is contained within a CE. Case I assumes that the length of shoreline within a CE's shoreline can not be used in the calculation of maximum allowable wetslips. Case 11 shows the calculation of the maximum allowable wetslips when no part of the shoreline is within the CE. Countv Staff Application of MPP Criteria In approximately 1990. staff had gathered various environmental data and had discussions with past County Attorneys regarding CE's. Staff understood that a CE would remove all development rights, and thus there are no rights that the property owner can transfer. If no development rights exist on a shoreline_ then the length of this shoreline can not be used to calculate wetslips that will be transfen-ed to another area not encumbered or protected by a preserve designation or CE. Therefore, Enviromnental Review Staffs conclusion is when there is a CE over an area of shoreline, that area cannot be utilized for calculating the maximum allowable wetslips. Only shoreline that is outside the CE /Preserve area had been used in this determination. However, in a January 2006 evaluation of a project, staff from the Office of the County Attomey reviewed various documents including the existing CE, the GMP, the LDC, the MPP, State Statutes, and State cases in order to determine whether shoreline length in the CE area should be excluded from the calculation to determine the number of allowable boat slips. The result of this review essentially provided environmental staff with a procedure that specified the review of the actual language of a conservation easement must be conducted to determine if the easement language excludes the use of the easement shoreline to calculate the amount of wetslips. Inspecting the CE to determine its prohibitions is also consistent with the State's application as outlined above. Typically the County's required CE does not allow for boat slips to be placed within the boundary of the Conservation Easement or Preserve area. In fact, the County's current LDC criteria would limit most structures, except for structures providing access through the preserve, benches and educational signs. Although our current CEs would likely prohibit the placement of docks and docking facilities within the CE, the recent guidance from the County Attomey's Office would have staff inspect the actual CE language for all CE's to determine if the shoreline within the CE can be used in the maximum wetslip calculation. =n u'i2mf�c.1U� P.. Recommendations Based on previous County Attorney reviews and recommendations, staff recommends that the BCC consider the following tasks for staff to perform when applying the criteria of the LDC and MPP regarding the calculation of maximum allowable wetslips when all or a portion of a project's shoreline is within a CE: A. For projects having existing CE's or Preserves 1. Have the County Attorney's Office review the CE to determine if the CE addresses shoreline development rights. 2. Consult with the State to determine if the State finds the CE to eliminate any future wetslips. (This would essentially be consulting the State for Technical Assistance for listed species issues.) 3. Apply the most restrictive criteria from the review of 1 and 2. B. For projects where Preserve areas and CE's are not pet established. 1. Identify in the development document the location of the proposed docking facility and preserve area that requires a CE. 2. Use the total shoreline for calculating the maximum allowable wetslips and identify this value in the development document. �. Require the CE to specify that the shoreline contained within can no longer be used for calculating wetslips. FISCAL IMPACT: There is no fiscal impact to the County for this agenda item. GROV1'TH MANAGEMENT IMPACT: The County has incorporated the MPP within Conservation and Coastal Management Policy 7.2.1 and Policy 7.2.3. LEGAL CONSIDERATIONS: There is nothing in the Growth Management Plan or Land Development Code (LDC) that specifically addresses the issue. Therefore, how to handle this matter becomes a policy determination for the Board. Once the decision is made, the Board should also direct that the LDC be amended so the policy decision can be memorialized. RECOMMENDATION: That the Board of County Comunissioners provide the County Manager or his designee direction for calculating wetslip densities when shorelines are within Conservation Easements. PREPARED BY: William D. Lorenz Jr., P.E., Environmental Services Department Director Aaenda Item No. i0C V April 2Z 2067 Pape 4 of c Attachment A. Relevant Portions of the Manatee Protection Plan and Land Development Code • MPP (Section 3.2.4, Marina Siting Criteria) Collier County and the FDEP's Office of Protected Species Management has developed a rating system for marina siting throughout the remainder of the County. The purpose of the marina site rating system is to help determine the maximum powerboat wetslip densities in order to improve existing Manatee protection. The marina site rating system gives a ranking based on three (3) criteria; water depth, native marine habitat and Manatee abundance. Native marine habitats include seagrass beds, salt marshes, mangroves or other biologically productive submerged and shoreline habitats which may be adversely affected or destroyed by dredging and filling activities. • LDC (Section 5.05.02) A rating system is established to evaluate proposed marina facilities. 777e purpose of the marina site rating system is to help determine the maxinmmn wet slip densities in order to improve existing Manatee protection. The marina site rating system gives a ranking based on three (3) criteria: water depth, native ma-irne habitat, and Manatee abundance. • LDC (Section 5,05.02) For shoreline vegetation such as mangroves, "no impact " is defined as no greater than five (5) percent of the native rnnm•ine habitat is disturbed. For sea grasses, no innpact" means no more than 100 square feet ofsea grasses can be impacted. • LDC (Section 5.05.02 for Preferred sites. Density for Moderate and Protected sites are specified as 10 and 1 boat slips per 1(10 feet of shoreline, respectively.) New or expanded wet slip marinas and rmrlti- family facilities shall be allowed at a density of up to eighteen (18) boat slips for every 100 feet of shoreline. • LDC Definition. Shoreline or shore. The interface of land and water and, as used in the coastal nnanagenrent element requirements, is limited to oceanic and estuarine interfaces. • LDC (Section 3.05.07.H.1.h) Allowable uses within preserve areas. Passive recreational uses such as pervious nature trails or boardwalks are allowed within the preserve areas, as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. For the purpose of this section, passive recreational uses are those uses that would allow limited access to the preserve in a manner that will not cause any negative impacts to the preserve, such as pervious pathways, benches and educational signs. Fences nnav be utilized outside of the preserve to provide protection in the preserve in accordance with the protected species section 3.04.01 D.I.c. Fences and 14,011s are not permitted within the preserve area. Attachment B. Sample Calculations Case I (Portion of the Shoreline is within a Conservation Easement) I i soo Concervamn Easemem Total Shoreline - 1 DOD feet reef I Shoreline not within a Conservation Easement -400 feet I I i Moderate Rating (10 wetslips per 1 DO feet of Shoreline) Shoreline I Maximum Number of Allowable wetlips: 10 slips per 100 feet X 4 = 40 wetslips I 1 r r r r r mo�V� Docking Facility Case I1 (-o part of the Shoreline is within a Conservation Easement) r r r r r -- r 600 I I I Conservation Easement I I I I Shoreline I r I r I r r I I r r r r r r r r r r r r r r r I r r r 1 i I I 1 Total Shoreline - 1000 feet 1 Shoreline not within a Conservation Easement — 1000 feet °oo Docking Facility aer Moderate Rating (10 wetslips per 100 feet of Shoreline) Maximum Number of Allowable wetlips: 10 slips per 100 feet X 10 = 100 wetslips yr fi ng2p[i8 I[ +mrd2Iv4c. . Faue6, "AI ttt,C . COLLIER COUNTY BOARD OF COUNTY COMM1tI5S101icP.S -- Item Number: "J0 Item Summary Sid It, SO3f(I t, Gpmmis.s 11 11 OV1,11 the _ )' M -""'l it, n dl,JD . t' th, mann9 Yp: ICLIati, aiot oe NBIS1uJ5 e pro-ci sho'llte is wllnlr a - roe- ioreaso en_Wmbph Y_S'J "rrhnm¢ tzunity Gevelopr�to, and Fn,Dnrnanta'. Serviced) Meeting Date: 4f241200' 9D000 AM Prepared By Wllham D, Lorenz, Jr., P.E. Environmental Senores Director Date Commumty Development & _ InInrimarrimal 5ervices Environmental Se—ve 312012007 4:42'.12 PM Approved By Judy P." Ooerations Analyst Date ,.I.onninno, Development & Gommane, Development & Er,ronmentel Services Enmromesnral Sarnaes Arnin. 17912007 11 �p AM Approved By Marlene 52ewart Executive Secretary Do' Commmn, Development& Community Deval ooment& e: 5er v _ octal S - na Atlnun ,."2512007 11 16 ANI Approved By r v.. v,e i ITI.11 . 19 1-21 -'It Gttar•If iat. Approved B. ..�mv....n: Beomnnvm6 Approved B, Approved It, la,ii Isaasan E"', 1ce9st Dare lAanapers JtOce Oft — nt M areamnantL Berne, d'131L0p %tt.59ANI Approved By James V Muad eo my Manton- Dat, Boar, of Counp C.mtYMana ",Out- all- i"u,'1L PM ,_ Acienda Item No. 10D April 24, 2007 Faae 1 of 7 EXECUTIVE SUMMARY Recommendation to the Board of County Commissioners (Board) to consider options for the creation of a Fire Review Task Force to review issues and concerns related to fire review and inspections associated with the building plan review and permitting process; to review the building review and permitting procedures related to fire review and to review and make a recommendation to the Board regarding the amending of or repeal of Collier County Ordinance 2002 -49, as amended by Ordinance 2005 -32, the Collier County Fire Prevention and Protection Code pertaining to adopted standards and codes of the Florida Fire Prevention Code published by the National Fire Protection Association (NFPA), as amended by the State of Florida OBJECTIVE: That the Board of County Commissioners (Board) review the proposed options for creating a "Fire Review Task Force" to review issues and concerns related to fire review and inspections associated with the building plan review and permitting process to review the building review and permitting procedures related to fire review and to review and make a recommendation to the Board regarding the amending of or repeal of Collier County Ordinance 2002 -49, as amended by Ordinance 2005 -32. the Collier County Fire Prevention and Protection Code pertaining to adopted standards and codes of the Florida Fire Prevention Code published by the National Fire Protection Association, (NFPA), as amended for the State of Florida CONSIDERATIONS: At the conclusion of the March 19, 2007 BCC -Fire Districts Steering Committee Joint Workshop, the Board directed the County Manager, or his designee, to bring back to the Board options for forming a task force to review the issues raised in the meeting regarding fire reviews related to the Building Review and Permitting Process and to review the merits of Ordinance 2005 -32, the Collier County Fire Prevention and Protection Code and in doing so recommend to the Board whether the local code should be amended or repealed. Listed below are 5 options: Option 1 — Delegate to the Development Services Advisory Committee (DSAC) and task the Development Services Advisory Committee (DSAC) to create a Subcommittee to address the issues and concerns raised in the meeting. The DSAC is already a Board appointed and approved active committee composed of representatives of the development community and all meetings are properly advertised and comply with the Florida Sunshine Laws. The DSAC could be tasked to form a Subcommittee comprised of selected members of the DSAC as well as the development community and related stakeholders nominated by the Collier Building Industry Association (CBIA), the American _ Institute of Architects (AIA), fire inspectors, members of the community or any other organization or entity deemed appropriate and acceptable to the Board. The Collier County Fire Review Task Force - 4/06/07 Building Official, Bill Hammond, and the Collier County Fire Official, Ed Riley, as well as respective staff can serve as subject matter experts and advisors to the Subcommittee. If the Board approves this option, it could either leave the composition of the Subcommittee as well as control and oversight of the process to the Chair of the DSAC or it could ask that the Chair of the DSAC bring back for the approval of the Board the composition and associated names of the members of the Subcommittee. Any and all results of this Subcommittee would be forwarded to the DSAC for review and recommendation then vetted through the Board of Adjustment and Appeals (BOAR) for final recommendation to the BCC. The DSAC, at the April 11, 2007 meeting voted unanimously in support of this option. As noted below from the Code of Laws and Ordinances, this function is clearly within the codified duties and responsibilities of the DSAC (underlined emphasis added). From the Code of Laws and Ordinances, Chapter 2, Administration, Article VIII, BOARDS, COMMISSIONS, COMMITTEES AND AUTHORITIES, DIVISION 12. DEVELOPMENT SERVICES ADVISORY COMMITTEE Sec. 2 -1031. Created. The County Development Services Advisory Committee is hereby created to provide reports and recommendations to the Board of County Commissioners to assist in the enhancement of operational efficiencv and budL,.etary accountability within the Community Development and Environmental Services Division and to serve as a primary communication link between the Community Development and Environmental Services Division, the development industry and the citizens of the County. (Ord. No. 93 -76, § 1; Ord. No. 95 -60, § 1, 11 -7 -95) Sec. 2 -1032. Appointment and composition. (a) The Development Services Advisory Committee shall be composed of 15 members. (b) Members shall represent the various aspects of the development industry with one or more members from each of the following classifications: architect, general contractor, residential or builder contractor, environmentalist, land planner, land developer, landscape architect, professional engineer, utility contractor, plumbing contractor, electrical contractor, structural engineer. and attorney. In the event that members cannot be secured filling all the classifications listed above, other individuals may be considered. (c) Members of the Committee shall serve at the pleasure of the Board of County Commissioners and shall be permanent residents and electors of the County. (d) Appointment of members to the Committee shall be by Resolution of the Board of County Commissioners and such Resolution shall set forth the date of appointment and the term of office of each member. Sec. 2 -1037. Functions, powers and duties. The functions, powers and duties of the Development Services Advisory Committee shall be as follows: (1) To serve as a primary communication link between the Community Development Services Division and the development industry, which includes environmentalists, Fire Review Task Force - 4/06/07 2 = gen a iten, No. 10D designers, developers and contractors involved in both site work and building construction. (2) To make recommendations as to rules and procedures to enhance the operational efficiency and budgetary accountability which may include plan review, permit issuance, inspections code enforcement contractor licensing., facility improvements and building and development related fees. (3) To identify concerns of the development industry and present them at regularly scheduled advisory committee meetings. (4) To provide input to staff regarding the creation of new rules, processes and procedures associated with the development industry. (5) To increase the awareness of adopted building and development standards by promoting development industry educational programs. (6) To prepare and recommend to the Board of Countv Commissioners technical and administrative programs designed to enhance the proficiencv and customer services of the Community Development and Environmental Services Division. (7) To develop an Advisory Committee Monitoring program of the key review activities of the Division for the purpose of providing continuing feedback on both the quality and quantity of services rendered by the Division. (8) To design a technical review /customer service evaluation form for response by users ofthe Community Development and Environmental Services Division. (9) To submit an annual report to the County Administrator and the Board of County Commissioners which shall summarize findings and issues during the report year and the status of their resolution. (10) To review proposed ordinances and codes that may affect the Community Development and Environmental Services Division prior to their submittal to the Board of County Commissioners for approval. (11) To perform or assist with any other function or duty as requested by the County Administrator or the Board of County Commissioners. (12) To adopt and amend guidelines to govern their meetings and operations, subject to the approval of the Board of County Commissioners. (13) The Committee meetings shall be open to the public. Option 2 — Delegate the responsibility to the Board of Adjustment and Appeals As with the DSAC, the BOAA is a standing board sanctioned and approved by the Board. Though the BOAA could be tasked with the responsibility to analyze the issues, the duties and responsibilities as codified in the LDC are rather limited in comparison to those of the DSAC. In addition, staff is recommending that any recommended change to the Local Fire Ordinance be vetted through the BOAA. Board of Adjustment and Appeals. 8.05.02 Powers and Duties. The Building Board shall have the following powers and duties: Fire Review Task Force - 4/06/07 Agenda Item No. 10D Ap; it 7,4. 2007 Page 4 of 7 A. To review and approve, with or without modifications or conditions, or deny an appeal from a decision of the Building Official with regard to a variance from the mode or manner of construction proposed to be followed, or materials to be used, in the erection or alteration of a building or structure, or when it is claimed that the provisions of the Florida Building Code and Florida Fire Prevention Code, as listed in Chapter One, do not apply, or that an equally good or more desirable form of construction can be employed in any specific case, or when it is claimed that the true intent and meaning of such building codes and technical codes or any of the regulations there under, have been misconstrued or wrongly interpreted by the Building Official; B. To accept appeals and render decisions pursuant to interlocal agreements between the County and Independent Fire Districts which have entered into such agreements; C. To recommend to the BCC additional or amended rules of procedure not inconsistent with this LDC to govern the Building Board's proceedings: and D. To make its special knowledge and expertise available upon reasonable written request and authorization of the BCC to anv official, department, board commission or aeenev of the County. State. or Federal -,overnmcnis. Option 3 — Create a "Task Force" comprised of one (1) member from each of the following: Development Services Advisory Committee (DSAC) Board of Adjustment and Appeals (BOAA) Fire Steering Committee (FSC) Collier County Planning Commission (CCPC) Collier County Productivity Committee (PC) The DSAC BOAA, CCPC and PC are all Board sanctioned and approved advisory committees comprised of volunteers from the community. The Fire Steering Committee is composed of the elected officials from each of the five respective Independent Fire Districts. One point to consider, if this option is selected, is that the members of the steering committee are financially compensated whereas the members of the other advisory boards are volunteers. Option 4 — Create a "Task Force" comprised of three (3) members from each of the following: Collier Building Industry Association (CBIA) Fire Steering Committee (FSC) Collier County Productivity Committee (PC) As with Option 2, any appointed member from the CBIA and Productivity Committee are volunteers whereas the members of the Fire Steering Committee are elected officials compensated for their service. Option 5 — Appoint I member from each of following: Collier Building Industry Association, Collier County Building Department, Collier County Fire Code Office, American Institute of Architects, Fire Marshal's Association, and the Fire Service Steering Committee. Fire Review Task Force - 4/06/07 4 t,aen:n itern I %o.'0D 24. 2`IU% At the April 12, 2007 meeting of the Board of Fire Commissioners of the North Naples Fire Control 8r Rescue District, the Board made the following recommendation for members to serve on the County Fire Prevention Ordinance Task Force: A member from each of the following: Collier Building Industry Association Collier County Building Department Collier County Fire Code Officials Office American Institute of Architects Fire Marshal's Association Fire Service Steering Committee If Option 3, 4 or 5 is selected or any combination from these three options the Board will have to follow the guidelines as defined in the Collier County Code of Laws and Ordinances, Chapter 2, Administration, Article VIII, Boards, Commissions, Committees and .Authorities. DIVISION 2. Standards for the Creation and Review of Boards as noted below: See. 2 -828. Creation of new boards. (a) All Boards created after the effective date of this division shall be created by ordinance only, except for Ad -hoc or Task Force Committees. Such ordinance shall set forth the Board's purpose: functions: powers; responsibilities: jurisdiction: membership requirements and restrictions: terms and conditions of appointment to and removal from the Board: and the specific staff support necessary to prepare an annual report. either oral or written, to be presented to the Commission. (b) Prior to the advertised public hearing held for the adoption of said ordinance, the County Manager, or his designee, shall submit to the Commission a report setting forth the following information concerning the proposed new Board: (1) Whether the establishment of the Board will create sufficient better lent to the Community to justify the Commission's delegation of a portion of its authority. (2) Whether another Board, either public or private, already in existence, could serve, or is serving the same purpose. (3) The costs, both direct and indirect, of establishing and maintaining the new Board. (4) Whether creation of the new Board is necessary to enable the County to obtain State or Federal grants or other financing. (5) Whether the Board should have bonding authority. (6) Whether creation of a new, Board is the best method to achieve the benefit desired. FISCAL IMPACT: All costs associated with supporting this initiative will be charged to Fund 113, Building Review and Permitting Fees. Fire Review Task Force - 4/06/07 5 7.aenda Itarn tdo. 50D, A i124.2007 Page r, o"' 7 GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board review the options presented above and provide the County Manager, or his designee, and staff direction as to how to proceed PREPARED BY: Joseph K. Schmitt, Administrator Community Development and Environmental Services Division Fire Review Task Force - 4/06/07 6 ..qt I 11c in( lli' ✓dfis ] a COLLIER COUNTY BOARD OF COUNTY OOPdkISSIONERS -- Item Number: IDfr Item Summary : Tht, re, m ue near, d 390 b fr FFec nm ndation is tl� tlpafo of Cpa ry issioners rE,9 d Ip r .JrAbe, or t lire CrEdhon Ol a Fir, I, Are, Ir.. rome to v ISSOea and br 1 -. reiAted IO fi ol rel end mspe f u55o.ra. d b the bulml j p o. i5mew ano npo__.etd rAv ewthebud e a.cpermitting Jrac9durer rredev to fire evlem antl to r',v,,,, antl make a rroomoordono, t0 [ire Board rAgarding the aYrendmp of or raped' of Goober County Grdlnance 2002.48, as amen0ad by Ordinance 2005 -32. the --cher County Fife Prevention and Protacbon Code pertaining to adopted standards and codes of the Fionde Fire Frevention Code puNlshed by the National Fire Protr_tion Assoaalmn rNFPAI as amended by the Stffie of Flonoa. tJeseph C. Schmltt Admmishamr, Commuady Develophent and Envrtpnmental Seance= Dmisonl Meeting Date: 124/20F o 0200 AM Prepared By Community Development & JoeepnK -SchmM Date Environmental$orvmee Antroddator Community Development8 Community Devolapmen58 Emiromena$eel cos 4110(200]41- .26 Pd Envmntentel4 Add n - Approved By Marlene Starart ✓nocuous Secremn' Date _e m.r —clonmonts ..v muoifs Deooioonientx 5'92 oM Approved Ify r' Fnc, ... .._.c j i iT, D_::'. o rml'nfa _ Apprnced B. .-r ri, Il Dc..r. -i, ;, :: z v ... -, .. ..ar, F to .orc nstmo Ic I, E,w ..,.., ._ _ n.f Sr Approved By rn., ia�or 1�I uC n. DDAC Com t' Op Fri. V,n ..... I z F bi da, 1 "' ne> tot PM Approved By Mark loeckson Burnet /nnelyst Dare ., unhy Manaoers Ofllco OPicnor MOnepmnentS DuOget 4/t S! "_OOi 3'.56 PPI Approved By Mmhael Smyxmrski Aria _ en! & 6eooet Dr—mr Date vumy Manaoers Office Off v, of Management & Bombe' 4(1512061 2'.04 k,@, Approved By JamesV.i .,ounty fdanager Date board of County Coon if Manager' s Office 4I16G007 11 34AM Agenda Item No. 10E April 24.. 2007 Page 1 of 4 EXECUTIVE SUMMARY Presentation of a proposed Collier County Pre - Purchase Inspection Service to be offered to prospective real estate buyers to ensure that the purchased structures are built in accordance with all zoning approvals. The information presented is intended to allow the Board of County Commissioners (BCC) to consider and provide direction on whether or not to make available this Pre - Purchase Inspection Service to prospective real estate buyers in Collier County. OBJECTIVE: To have the BCC consider and provide direction on whether or not to make available a Pre - Purchase Inspection Service similar to the program currently in place in Miami -Dade County to be offered to prospective buyers of residential and commercial properties for a fee. CONSIDERATIONS: Staff from the Department of Zoning and Land Development Review has contacted the Miami - Dade Department of Planning and Zoning in order to obtain information on how their Pre - Purchase Inspection Service works and to present this information to the Board of County Commissioners so they may consider if such a prograin can work in Collier County. A Pre - Purchase Inspection Service has been offered by Miami -Dade for approximately two years and competes with private companies that also provide this type of service. Although the Miami -Dade service has been advertised in various ways including mail -outs, hand -outs, and ads placed on their public transportation, the demand for their service has been minimal, averaging one inspection per month. Miami -Dade County currently has a total of nine (9) Zoning Inspectors. Please note that these are not building inspectors and that the inspection process is not an integral part of the Building Department's code compliance and inspections process. The Miami -Dade staff primarily inspects residential sites and dwellings to ensure that they are built in accordance with zoning approvals and in addition, performs a property inspection and associated research to insure that any remodeling and additions to the property that required permitting and related inspections were properly permitted. If such a program were to be initiated within Collier County, it appears that such a service could be integrated into the Engineering Services Department considering that their inspection service appears to be similar to the functions and responsibilities of our engineering inspector staff who now currently perform final site inspections for site drainage, grading, utilities, excavations, wells, and landscaping. If such a service were provided, the Zoning Review Department staff would have to provide the related zoning research and interpretation/application of applicable codes and likewise with the Building Review and Permitting Department with regards to the Pre - Purchase Inspection Service - 4/11/07 ='ace 2 0' application of the Florida Building Code. Similar to the Miami -Dade program, a Collier County inspection program would determine: • The zoning of the property and if there are any variances or zoning resolutions applicable to the subject site • The number of units permitted on the property • If all structures on site meet the required setbacks • If walls, fences and hedges meet applicable requirements • If there are any non - conforming structures or uses on the property • If there are space for the proper storage of your boat or recreational equipment. • If an addition can be added to the primary structure • If there are any plat restrictions • Research to determine if there are any outstanding code violations for the property This service would be concentrated primarily on sales of existing fee simple multi - family units, single family homes and commercial properties. The Pre - Purchase Inspection Program would consist of 3 basic elements: property zoning history and research, site inspection, and final report. Research of property records, permits and associated data bases is estimated to take approximately one hour per property. Site inspection to include travel time is estimated to take a minimum of two hours. Preparation of the final report is anticipated to take another 60 minutes in the office preparing the final report and completing all the paperwork. Staff estimates that in order to cover expenses a fee of 5250.00 to 5300.00 per inspection would be assessed for the service. This service would include a meeting with the applicant to review the final report. Last year there were approximately 2600 single family, duplex and fee simple multi - family resale units in Collier County. Considering an inspection rate of 2 applications per day per inspector or approximately 10 per week or approximately 500 per year, if the program was mandatory the program would require at a minimum 6 inspectors. If the program is voluntary, staff anticipates that the majority of the requests for pre - purchase inspections would come from property owners or agents listing property in the Estates or the older platted subdivisions of the county. As such, staff believes that the program would involve no more than 8 to 10 units per month. FISCAL IMPACT: Considering the cost for 1 inspector including salary, overhead, vehicle and administrative support and expenses is 5100,000 to 8120,000; staff would have to perform a minimum of 2 inspections per day, 40 per month or 480 units per year to cover the costs for the service if the fee was set at 5250.00. If the program produces no more than 8 to 10 per month, the fee would have to be 81,000 per inspection. Considering the fact that since its inception, Miami -Dade County experienced only an average of 4 inspections per month under its voluntary program, if a similar program were implemented in Collier Comity and if like Miami -Dade we received an average of 4 inspections per month, the fee for such a service would have to be set at approximately 82.500 to cover the cost of the program. Pre - Purchase Inspection service - 4/11/07 2 Anencia Iferr �Vo. pril?4 20,,7 =ace 2 0r = GROWTH MANAGEMENT IMPACT: None LEGAL CONSIDERATIONS: A disclaimer will be noted on all reports noting, "Please be advised that the zoning inspection is not a compliance inspection or certificate for past or present state or local building codes or regulations. The report is based on the available records furnished by Collier County and what was visible and accessible at the time of inspection. This report is based on code regulations that are in effect on the date the report was prepared. Code regulations could be subject to change. While every attempt has been made to ensure the accuracy of this report, the Department of Zoning and Land Development Review, the Engineering Services Department, and the Building Review and Permitting Department makes no warranties or representations rcgarding the accuracy or completeness, and each subscriber to or user of this report understands that this department disclaims any liability for any damages in connection with its use. In addition, the respective departments assume no responsibility for the cost of convecting any unreported conditions." RECOMMENDATION: That the BCC consider the proposal and provide direction to the County Manager, or his " designee, on whether or not to make available a Pre - Purchase Inspection Service to be offered to prospective real estate buyers for a fee and in doing so whether the service should be voluntary or mandatory. Prior to bringing back any Pre - Purchase Inspection Program, considering the impact that such a program may have on the closing of stiles, staff is also recommending that the proposal be vetted through Naples Area Board of Realtors (NABOR) for review and comment. PREPARED BY: Raymond V. Bellows, Zoning Manager Department of Zoning & Land Development Review and Joseph K. Schmitt, Administrator Community Development and Enviromnental Services Division Pre - Purchase Inspection Service - 4,/11/07 3 4aercl2 Pill Ptc 0, -Pill 24. 7.110' Page 4 0' ; COLLIER COUNTY BOARD DF OOBNPY OOMNIISSIONERS Item Number: 19E Item Summary: -sett. f on of a pm :d Collrer Co t> P. ,- Pamhas er000 Ser c to 0,: ofterea to ospe :me real estate buyo¢ to ensuz trot the Pu¢n6SO stmapres are hum Ire acGCmance Woo an zoNnp aaprovals -ne Irnorrneilon P:o'em901s mteooao to avow Ire Bos,d of Count, Gammissioners (BCC, to wnsaer ano provide dire, hpn on wpether or not to make available Iris Pre "PUr' nose Inspechon Service to prospective V.I estar50vyers In CJlher Coenty +Joseph K Schmitt. Admio,Wotor, Oommunity Development end F o,,,.,,ontol SuMo,S) Meeting Date: 424200 %5 0090 AM Prepared By Fay boo" chief Plii Date Community Development & Zonmg& Land Development Revmw 41312007745) 46 AM Ewn.nmentel Services Approved By Ray Bellows Cbref plo"vt Woe Community Development & Znnmg & Lind DavAeoutent Review 41312007745 AM Env pn[nl Sarvrcbs Approved By Nmoaoc. Ster:zr _zcurto-c u_.r_ a . Date :pm_cru ) Dev roPm`n: & .- orcnnunip' Uevmoomen:8 App roved By .. "',"le 11 _. Lev,: calm. 1t f, Approved It, __..,. mat Approv cd By G..mn. unit. D vu._ment & _ cph K. &onnue. Dane _mrmn.noma: Servo-s Aummstredor ^or ut — nmun _vel eAmotrtfl .,ommun, Develorroord8 Envvonmental rvrvi.;ee -. _n:al Servmeh Admin, 41521200 4:40 PM Approved Bp OL58 Coordinate, Admnu,lirio ,AS —Int Oat' _ unq• Maneec%a Offioe Office o` Maneoement & Budget 41,3:200' 925 AN Approved By M11ark I1,vkloo 3uo0et A.'i"t Oat, . unty M.vnopefs 0 ^r'v Off— o(Mnnnnnmenl & Butl90 411312007 3'53 PM Approved By Michael Smykowskl Management& b odget Director Date ., unty Manager's Office Office pf Manag'ment & Budget 41171200' 9'._F AM Approved By James V. Mudd c0 assy Manager Date Board of County Contmisoiar ^_rs '� Y M anag,r e effrce 41171'20073: 04 PM 1.aenda Ilem No. 1 OF Apnf 24, 2007 Page 1 of 4 EXECUTIVE SUMMARY Solid waste collection options for white goods, tires, batteries and electronics in Collier County. OBJECTIVE: To present options to the Board of County Commissioners for the collection of white goods, tires, batteries and electronics for specifically defined areas within unincorporated Collier County. CONSIDERATIONS: At the District 3 Town Hall meeting on January 18, 2007, the Board of County Commissioners directed staff to provide a report to the Board on options for the collection of white goods, tires, electronics and batteries in specifically defined areas of unincorporated Collier County. Based on staffs' review, there are two options: 1. Continue the current level of service in accordance with the current collections agreement at its current cost; or, 2. Revert to the level of service provided for in the prior collections agreement for specifically defined service areas. The cost of this service level change should be borne by the recipients of the increased level of service. BACKGROUND: On February 8, 2005 (Agenda item 10A), the Board of County Commissioners approved new solid waste collection contracts to be effective October 1, 2005. The contracts provide for curbside solid waste collection services for the unincorporated area of Collier County and for the City of Marco Island and the City of Everglades City. These services include unlimited solid waste collection twice a week; unlimited recycling collection once a week; yard waste collection once a week limited to ten bundles weighing less than 50 pounds per bundle; unlimited brown goods collection once a week limited to furniture and other household items that will not fit in the solid waste cart; and, once a week collection of white goods, unlimited electronics, automobile and light truck tires limited to four a month, and automobile batteries limited to two a month. Customers must call Public Utilities Customer Service (403 -2380) to schedule the pick -up of white goods, electronics, tires and batteries. The Public Utilities Division provides educational outreach and enforcement of county ordinances related to these services. As previously stated, the new collection contracts provides that customers must call -in 48 -hours in advance of their recycling /yard waste collection day to schedule the collection of items such as white goods, electronics, tires and batteries, referred to as "bulky items ".. Bulky items are recyclable and, therefore, cannot be picked up by the collection vehicles used for solid waste, household recycling material, yard waste or brown goods. Box trucks and /or flat bed claw trucks are used to collect bulky items and take them to pre- designated recycling locations. aenda I,,-- rn No. 1 �� kU:il _ 20G- Fa De 2 of Under the prior collection services contract, the contractor's box trucks and /or flat bed claw trucks were required to traverse every street in the service area and collect any item that was curbside. Most curbside customers only need this kind of collection service for bulky items two or three times a year. Use of the call -in and scheduling process has eliminated the need for several trucks, several drivers, required gasoline, insurance, etc. This best value service concept is used successfully throughout the country and its use in Collier County has provided a rate benefit to all curbside customers. The call -in to schedule a pick -up of bulky items program has been very successful in the majority of the curbside collection service area, with the exception of six areas that have high rental populations, and a small area of the Estates. The education, outreach and enforcement process utilized by the Public Utilities Division has significantly increased the success of the program in all but one area; Golden Gate City, which contains a significant number of rental properties. The call -in to schedule a pick -up program will not eliminate renters in high turnover areas from setting solid waste, brown goods, yard waste, recycling and bulky items curbside on days other than the scheduled pick -up day. That problem existed under the previous collection program provided for by the previous collection services contract, and continues to be an issue with the new collection contract. Owner - residents are using the call -in process to schedule a pick -up. A significant number of renter - residents are not using the call -in process. Other issues of concern include: 1. Residents placing items curbside for pick -up that are not eligible for collection. Examples are partially filled paint cans, riding lawn mowers, hazardous waste, propane tanks, construction demolition material, car, truck and boat parts, etc. 2. Residents placing items curbside that are not properly prepared for collection. Examples are loose piles of yard waste, oversized rolls of carpet, etc. 3. Residents mixing yard waste, recycling and solid waste in the same containers causing contamination. Reverting to the prior service level of requiring the contractor's box trucks and /or flat bed claw trucks to traverse every street in the service area and collect all items that are curbside will not correct or change these issues. These issues existed before the new collection contracts were implemented and continue to be an issue under the new collection contract. The on -going problem of solid waste collection materials placed curbside on any day of the week and the problems of ineligible, improperly prepared and /or contaminated materials placed curbside for collection can only be cured by a P.aenca !iem Igo. 10= PGae o` strict enforcement of the collection rules on the owner of the real property via the County's due process up to and including fines. A concentrated education, outreach and enforcement program in conjunction with the Golden Gate City Task Force and several County Departments has made some inroads with collection issues in the Golden Gate City area, but the problem persists, especially with rental properties. Funds currently used for the education, outreach and enforcement program should not be used to offset the cost of reverting to the previous level of service for this specific service area (option 2 under Considerations). These funds are needed to continue addressing the issues associated with set -outs any day of the week, set -out of items not properly prepared, and set -out items not eligible for collection. FISCAL IMPACT: The fiscal impact is dependent upon the direction provided by the Board of County Commissioners. If the current level of service continues, there is no fiscal impact. If the level of service is changed, curbside customers will be impacted on their annual Solid Waste Collection and Disposal rate assessment on the non ad valorem portion of their real property tax bill. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: Option 1. Continue the current level of service in accordance with the current collections agreement at its current cost. Also, continue a concentrated education, outreach and enforcement program. PREPARED BY: Teresa Riesen, Revenue Manager, Utility Billing and Customer Service Department 4t1en02 ILm JF aoe COLLIER COUNTY BOARD OF UJUNTI' COMMISSIGNDRE Item Number: I A Item Summary: repo d woe e -niieCA JI: optir. ,, f., IhA, gom re trpnns d ei �.f orocs In areas of the I I _m Del A, _ 'JT wi6;rau I c VOlniesf Meeting Date: 4 /242DC: 9.00 00 AM Prepared By Teresa Rlesen Revenue Manayer Date Public Utilities UBCS 411 01200) 6:0 7:50 PM Approved By John A. Yonkosky Utility Bluing Director Date Public Dilutes UBCS 4,10120015;44 PM .Approved By Damol R. Robriguer MBA. Scf.d Waste Dneaor Date Public Utdo.oc So110 Waate 4/1012001 5:55 PM Approved By Tareaa R�e.,en RE- -v_nnn noananor Date Pubic UnIII.— UEC° 4'11200' E'5: AM Approved By bie 4 x 1o.21cin .4 pprovcrl Itv o_ .. 11 .aril —11 Approved Bp LII,r 1, 1-1. ....t. Appravcd By u &r—n,., . Ma rrrbi,btl Analuct . n», rb ana cars DID- Olf:cc of Mnr .nP.Bmo!t 411712)Oe1 lAlm Approved Ity Michael SmYkmvswi Management 1. BUhpet D,rc,cr Date County ManaoeYS Office Off c, of Managommit6 BUaaet 4117120014'.11 PM Apprav d By Jamce V. Mutltl Count'- Manager Date Boe•G of County Counp, Manage %s Office 411712007 4,24 PM ..ommisvoners Agenda !tem iVo. 10G April 24. 2007 Page 1 of 4 EXECUTIVE SUMMARY Immokalee Master Plan and Visioning Committee and Local Redevelopment Advisory Board request to the Collier County Board of County Commissioners to cease enforcing certain zoning provisions in Immokalee for eighteen months or until the approval of the new master plan and land development codes, whichever comes first. (A companion item to 14B to be heard after 14B is discussed by the CRA) OBJECTIVE: The purpose of this report is to request the Board of County Commissioners, dependent upon a favorable recommendation of the Collier County Community Redevelopment Agency (CRA), to provide an eighteen month relaxation of enforcement of the Collier County Land Development Code, outside of health and safety issues, in the Immokalee Urban Area, or until the approval of the new master plan and supporting land development code, or zoning overlay district. whichever comes first. CONSIDERATIONS: The attached March 21, 2007, letter was submitted to the Board of County Commissioners by Fred N. Thomas. Jr. Chairman of the Immokalee Master Plan and Visioning Committee and Local Redevelopment Advisory Board, based upon action taken by these advisory boards during their March 21 re;ular meeting. Since late 2005 the Immokalee Master Plan and Visioning Committee and Community Redevelopment Agency Advisory Board has been involved with the Immokalee Community and the planning consultant to update the Immokalee Area Master Plan and the Immokalee Overlay District of the Land Development Code. Progress has been made in this direction. However, according to members of the Immokalee Master Plan and Visioning Committee and the Local Redevelopment Advisory Board, recent attempts by local firms to construct new buildings in Immokalee have been thwarted by the Land Development Code and its inappropriateness for use in Immokalee. FISCAL IMPACT: No fiscal impact has been identified. GROWTH MANAGEMENT IMPACT: Land Development Codes in Florida, adopted by local governmental agencies, must be consistent with the goals, objectives, and policies of the Growth Management Plan. Until the Growth Management Plan for the Immokalee Urban Area is amended, following the statutory protocol set forth in Chapter 163, Florida Statutes, the Land Development Code cannot be amended. It should be noted that proposed amendments will most likely be forthcoming for the Immokalee Area Master Plan, Future Land Use Element. Conservation and Coastal Management Element, and other affected elements. Subsequent to amendment of the Growth Management Plan, the Board of County Commissioners will consider amendments to the Land Development Code. With respect to the request for suspension of the enforcement of the Land Development Code, said request is contrary to the amendment parameters set forth in the Florida Statutes, Florida Administrative Code, Growth Management Plan and Land Development Code. 1 k.aeres I "gym N;. i5G it 24 P ap 4 LEGAL CONSIDERATIONS: Until such time that the Growth Management Plan is amended in conformance with Florida Statutes and the Florida Administrative Code, there is not a legal basis for the Board of County Commissioners to relax the enforcement of the Land Development Code in the Immokalee Urban Area or elsewhere in Collier County. RECOMMENDATION: Staff recommends, after Community Redevelopment Agency action on this request, that the request to ease enforcement of certain zoning and code provisions be denied. Prepared By: Thomas Greenwood, AICP, Principal Planner, Comprehensive Planning I COLLIER COUNTY BUARG O� LODNn' COMMISSIONERS - Item Number: Item summary: T in Ac a r to be heard on or about T 1 o e in Immovvion Maser Plan and Visioning . ninngee and Local ReOevelooment Advisory Board rearrest to toe Golller County Board of .,vunty Lommiss,oner=_ to cease enforcing certain zoning provisions In Immokalee fm eighteen months ar until the approval of the new master plan and land development codes, wnernaver comes first r companion dom to 14B to be heare after 14B is discussed by the CRA)(Joseph K Schmitt Administrator Community Development and Environmental Services Division) Meeting Date: 4(24200] 9 00 W AM prepared By Tremas Gr— avernif Principal Planner Date cotnmumtr Development S Cpmprehenslve Pmnning 41121200]9'14 -1]PM _ ents, Services Approved By ..ommuinty Planning and Stovall J. Cohen Bedeveloens"t Manager Date .,orc,mumty Developmen:8 Comprmnenslve Planning 4112f2007 3.22 PM Enaaonmental 5ervtces Approved By M, Env,.Alo. Invmnry Planer Date _.. ..amm,u,r. Ce lops. L Lkc -eiev 4 uC - _ °o Approved Br .. ..... .. ... _ .. _.... .. .,. S n, .....,.. Approved By r: v)v ,._. o nn .r „once. c ,. . .._. -itn . _ 4 c ,. r... E .. . _ .._r Approved By fJohnner✓, snreer'Stmonp Asvcstan: comer Ahorney Date "both, Atiomay County Atlornarz QG,,,v 41131 "007 t, 06 AM Approved By Community Ctovelomnent is Joseph K Schoen _nvvanmental Servlcas Adnunstratar Dote -^ nuv De C_mmu .ve la pmept8 Communlp- Develomnent8 En"'rem"Ina! micas Envirenmemal 5_rvlcas Adrna, 4f13rE00]1t.46 Alf Approved By OMB- ,Pofinatw Administrative ASSsmni Date tiny Manpger s office Office or MOnapemeni &Budget 4,^3;800]142 PN Approved By ri lsaee a. 5rrdget finoly5l Date 's Oft, Oft iv; _r'.&Budoot 4 ..- �'.,m. Approved By Jan— V -Mudd County Manage„ Daee vard pt -nm9ty ...Cunt] f.v,' i Pe' a Oflo, 4;]3'21)0, T_De PM _, ,n of March 21, 2007 Commissioner Coletta Chairman Board of County Commissioners Collier County Naples, Florida Dear Commissioner Coletta: On behalf of the community of Immolcalee and as Chairman of the Master PIan and Visioning Committee, I mouest that the County, outside of health and safety issues. cease enforcing code and zoning irregularities in immohalce for twelve months or until the approval of the new master plan and supporting land development codes, whichever comes fi, st. In light of the history of our community this makes sense and allows local people to properly maintain their property during this transitional period. The present codes and land use were first initiated in the early 70's. If the owner did not exceed a 51`70 of value improvement to the facilities on the property, they maintained their grandfather exemption. This is a major disincentive to upgrading facilities, especially if the upgrade will cost density loss or loss of a specific use. Since the new master plan and the accompanying land development codes will reflect more of a central Florida character, which will allow us to more equally compete with our neighbors for new business and industry, many of the existing regulations will not apply and some of the existing grandfathering will be unnecessary. We, however, want the staff to continue their outstanding work on violations that are health and safety related. With so many things happening around us over which we have no control, this relief will help our progressive businesses keep pace with our surrounding growth. We thank you in advance for your support. �inc�rel:r; Chairman Aoenoa Item No. 10H A rk 24. 2007 Page 1 of 27 EXECUTIVE SUMMARY Recommendation to terminate the Intergovernmental Agreement between the Board of County Commissioners and the Florida Department of Environmental Protection, South District Office for enhanced environmental resources permitting OBJECTIVE: That the Board of County Commissioners (Board) terminate the Intergovernmental Agreement between Collier County and the State of Florida Department of Environmental Protection, South District Office (Department) for enhanced environmental resources permitting. CONSIDERATIONS: On March 23, 2004, the Board approved a negotiated amendment to an Intergovenuriental Agreement with the State of Florida Department of Environmental Protection (FDEP), South District Office, for the purpose of providing environmental resource permitting services to the citizens of unincorporated Collier County. Under the terms of the agreement. the Department provided the Commnrunity Development and Environmental Services Division two "on- site" Environmental Specialists to review and issue Environmental Resource Permits (ERP's) as well as becoming part of the permit review process for Submerged Lands and Environmental Resource Permitting (SLERP) applications for lands that potentially contain jurisdictional wetlands. At the time of the negotiated amendment, these services were necessary to assist property owners within the Estates and similar platted lands within Collier County in applying for ERPs related to single - family homes in the building permit process. Due to a large increase in building permit applications, over the last several years, the Building Department, under its permitting fees (Fund 113) funded this program and provides office space for the 2 on -site inspectors. The service was offered as a part of the permitting process and the cost were absorbed in the overall department's budget. As a result of a decrease in residential building permit applications, the funding to support this agreement is no longer available. Property owners can still apply for the required permits or a formal binding determination through the Submerged Lands and Environmental Resources Section Department of Environmental Protection, South District Office in Fort Myers, or they can hire local environmental consulting services to conduct on -site wetland delineations to apply through the state for the necessary permits. If a property owner requests a permit from the Department office in Fort Myers, they must provide a $500 application fee, engineer sealed drawings, and an environmental assessment of the parcel. The permit process takes at least 90 days and as much as 180 days. The average cost of obtaining such a permit is approximately $3,000, not including the septic analysis (which is DEP Interiocal Agreement Termination - 4/03/07 kaeon an; No. 10 approximately $1,500), the application fee and mitigation fees (approximately $9,000 for a 0.30 acre fill pad). If a property owner requests a binding determination, they must submit a $250 application fee, an environmental assessment by an experienced wetland scientist, and a certified survey of the approved wetland line. These requests are limited to single- family parcels less than 5 acres. The average cost of obtaining this type of binding determination is approximately $2,000. Larger parcels or those other than single - family residential parcels must be reviewed by the Wetland Delineation section in the DEP Tallahassee office and are subject to higher application fees and requirements. If the Board wishes to continue funding this service, the only other option is for staff to amend the fee schedule and charge a fee for the service. Staff estimates that a fee of approximately $200 to $300 would be appropriate to cover the cost of this service. As noted above, similar services from a consultant would cost at least $500 per permit application plus the costs for the required engineering and environmental analysis. Property owners, prospective buyers, builders, and realto s, as well as County offices are requesting that Department personnel approve the wetland determination. Many property owners cannot afford a consultant to prepare a wetland determination and rely on the Department for this service. FISCAL IMPACT: Cancellation of this a(,reemeru will provide an annual cost savings of $90,000 to fund center 113. Considering the current and projected workload of the DEP staff of no more than 500 units per year, a fee of $300 per applicant will raise approximately $150,000. The funds raised will cover the cost of the annual grant as well as the related administrative costs associated with the collecting of fees as well as the furniture and related costs of the providing office space for the team. GROWTH MANAGEMENT IMPACT: The Conservation and Coastal Management Element (COME) Policies 6.2.4 and 6.2.7 address wetland pennitting of single- family homes within North Golden Gate Estates. The use of FDEP staff to conduct wetland jurisdictional permitting assists in the implementation of these policies. If FDEP staff are not available here in the County to provide a local presence to the single - family applicants, the County will continue to inform the applicants of their possible need to obtain the appropriate FDEP approvals in order to comply with these Policies. If the Board discontinues funding for this service, County staff will lose the benefits of increased compliance as well as the expeditious processing of applications within Collier County. The two on -site inspectors act as eyes and ears in the field for the County and allow increased coordination with Collier County Building Review & Permitting Department staff regarding current County concerns. This coordination is assisting the Department toward development of a Noticed General Permit to allow streamlined authorizations for single- family residential construction within Golden Gate Estates. Pre - Purchase Inspection Service - 4/03/07 2 Agertuo item fro. 10h RECOMMENDATION: That the Board terminate the Intergovernmental Agreement between Collier County and the State of Florida Department of Environmental Protection, South District Office. If the Board chooses to not terminate this agreement, then recommend that the Board direct staff to develop an appropriate fee to cover the cost of the program to include the related administrative costs now being absorbed by Community Development and Environmental Services Division. PREPARED BY: Joseph K. Schmitt, Administrator Community Development and Environmental Services Division Pre - Purchase Inspection Service - 4/03/07 3 J =nd< Item 4 10L. P, P COLLIER COUNTY DOA RD OF COUNTY OOMINISSI ONE HS Item Number: -' +rl gate Inc Inlerj vernmenial ag e ne J 41111114 toe Board of Item summary: Lam n adJu to I1 w.lnly CemmSSOnays ene lne F dnda Deoar191err oI Envnonme'lta; nm1. t I SI th Jlsmct OFlica lo' eiliancad envuonmen[al lesou¢us perrnllting ploseoll K. Scnmlll. -malt, siramr, Oommomm Development and Fnmmnmenlal Services P.vls, nm Meeting Date: 4241200-, 990.00 AM Prepared By Community Developmenl8 Joseph K. Schmitt Envlroomentel 511,1111 AdommA ator Date C.mmump, Devempment 8 _cmmun!ty Developmant8 4/6121101 t 1:9 °:20 AM Environmental Services Environmental Services Atlmin. Approved By Jutly Puio Operation- Analyst Dete Community Development R Cmemunrzy Development 4I512007 2'.19 PM Environrtienxal Services Envbonmenta! Services Aumin. Approved By Madene Stevan evnwevc SrImary Dale ..rnnmu tv Develommem L - ..on,mu svc oomsnt 8 - t..e•ZIXq 5 45 "P „ E _ aal 5prveesf Apprved Bt, Approved It. r' Approved lip ,_ _ r •pe�ne� r s a ro-r.: am Approved By ,Jme,0.MUdd r._unt}'fAauaper Date Board o1 Coumy County Manager's Ooff". 912003:95 FM 41[ "/ O1mmusmoulrs N� o Lo zN �aM —Q� m 21 r N w t.n W ua F`F z _FAQ 3aa W L SOW C ` C ` a zba 4 W U_ a� pp"m nCp WZU g�zG�7 o Cp> C .z, U Cq�PW, y G A V y y � � 2 E c ? 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I § ! !f !-, , \\) / i 2 §77 § \(6 ) fte ' « 0, _ ) \72\ \\ - \ ( ;LuIE`; Z ` k }\ f UCO \ a kcvr= { §} _\ ;0 \ § / ;\§ o §a X22 ! �E (} -6 V) -| °(2E �\ \\ _ \ / } }}\ � � � q § . \ ( Z �CL _\ \ \� {} {_ ( / Do - (( / [§ . a\ _ )w` ! \ $ � � � Prepared by: Patrick G. White, ACA Otfice of Collier County Attomey 3301 Tamiami Trail East Napies, FL 34112 4 -,ema liem No. 1CH 3361031 OR; '�8,` 1388 RBCORDID is OFFICIAL RRCORDS of COLLIER COUNTY, FL 03/25/2004 at 11:55AR DEIOET 1, BIOCI, CLIRI RIC PEI p COPIES Ip.Op Rettt: CLERI TO TRI BOARD IRTIROFFICE 41E FLOOR BIT 7240 THIRD AND AMENDED INTERGOVERNMENTAL AGREEMENT FOR ENHANCED ENVIRONMENTAL RESOURCES PERMITTING BETWEEN COLLIER COUNTY AND THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, SOUTH DISTRICT OFFICE This Intergovemmental Agreement (Agreement) is entered into by and between Collier County, Florida, a political subdivision of the State of Florida, through the Collier County Board of County Commissioners (County) and the State of Florida Department of Environmental Protection, South District Office, (Department) for the purpose of providing an increased level of environmental resource permitting service to the citizens of unincorporated Collier County. This agreement amends and supersedes the agreement titled "Amended Intergovernmental Agreement for Enhanced Environmental Resources Permitting Between Collier County and the State of Florida Department of Environmental Protection, South District Office," executed on June 26, 2001. RECITALS WHEREAS, under the Environmental Resource Permit (ERP) program authorized under Part IV of Chapter 373 of the Florida Statutes, the Department requires permits for the construction, alteration, removal or abandonment of any stormwater management system, dam, impoundment, reservoir, appurtenant work, or works in uplands and wetlands or other surface waters; and WHEREAS, the Department, as staff to the Board of Trustees of the Internal Improvement Trust Fund, processes applications for authorizations to use sovereign submerged lands; and WHEREAS, the Department implements mangrove trimming permit requirements under Sections 403.9321 -.9333 of the Florida Statutes; and WHEREAS, due to the rapid growth in southwest Florida and the limitation of staff resources, the Department is experiencing difficulty in meeting the demand for 1 of 4 AOeoda Item No. 10H OR: 35Z,,0j,r a° 389 services related to the ERP, sovereign submerged lands, and mangrove trimming programs in Collier County; and WHEREAS, representatives of the County and the Department have met to discuss this issue; and WHEREAS, this discussion resulted in a proposal to enter into an arrangement whereby the County will fund through a grant two Department ERP staff persons dedicated to processing applications and performing other tasks associated with administering the ERP, sovereign submerged lands, and mangrove trimming programs within unincorporated Collier County; and WHEREAS, the County strives to provide the best service possible to its customers by establishing a one -stop shop delivery system for development services; and WHEREAS, the services to be performed under this Agreement will provide a real and substantial benefit for the citizens of the County, and further a valid County purpose; and WHEREAS, Collier County may enter into Intergovernmental Agreements pursuant to § 125.01 (1)(p), Florida Statutes (2003). NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual promises and covenants stated herein, the County and the Department formally agree - as follows: 1. The County will provide funding through a grant to the Department for the purpose of employing two Other Personnel Services (OPS) employees for the exclusive purpose of processing or assisting in the processing of ERP and mangrove trimming permit and sovereign submerged lands approval applications for activities within Collier County. The individuals filling this position will be located in the County Community Development and Environmental Services Division offices on North Horseshoe Drive, Naples, and will act solely as employees of the Department, which will be responsible for the employee's training, supervision, compensation and benefits, and all other personnel matters. 2. The County agrees to provide the Department, through a grant, the amount of $90,000 per state fiscal year to fund both OPS positions. The County paid the Department the amount of $45,000 on November 25, 2003 for the funding of the single employee covered under the previous agreement. Therefore, for the first year of this agreement the County shall pay an additional $45,000 within 30 days of the effective date of this amendment to fund the additional employee. All subsequent annual payments shall be for the full amount of $90,000. The payment of the funds will be made in an annual increment upon receipt of an invoice from the Department. 3. The Department agrees to diligently pursue the filling of the positions with qualified individuals. If the either of the individuals employed to fill these positions terminate employment for any reason, the Department agrees to immediately initiate the hiring process to retain another qualified individual to fill the position. 2of4 rag S of 4. The Department agrees that all persons filling the position will be qualified to, and will perform capably, the duties shown in the attached position descriptions (Attachment A) exclusively for issues and development projects in unincorporated Collier County, provided, however, that any applications by or on behalf of Collier County shall be processed by other employees of the Department in the Fort Myers Office. 5. This Agreement becomes effective on the date of final execution and remains in effect until such time as one or both of the parties hereto wish to terminate it pursuant to the provisions of paragraph 6. Any funds not fully expended during one year of the Agreement shall be applied to the next fiscal year of the Agreement. If the Agreement is terminated any unexpended funds remaining after the final payment to the employees must be returned to the County. 6. In the event of one party's failure to fulfill any of its obligations under this Agreement, then the other party may immediately terminate this Agreement at any time. Either party may also terminate this Agreement after providing written notice of its intent to terminate at least sixty (60) calendar days in advance of the date of termination. In addition, the terminating party must also provide the non - terminating party an opportunity to consult with the terminating parry regarding the reason(s) for termination. In the event the Agreement is terminated, any unexpended funds remaining after the final payment to the employees must be returned to the County. 7. Notice will be deemed sufficient when delivered by certified mail to the appropriate party at the address set forth below: For the County: Joseph K. Schmitt Collier County Community Development and Environmental Services Division 2800 North Horseshoe Drive Naples, Florida 34104 For the Department: Gordon Romeis Department of Environmental Protection Post Office Box 2549 Fort Myers, Florida 33902 -2549 8. The Department's continuing participation in this Agreement (except for the termination described above) is subject only to the Florida Legislature's annual approval of the Department's spending authority for the services contemplated under this Agreement. 9. The County's manager for this Agreement is Joseph K. Schmitt, phone (239) 403 -2385. The Department's manager for this Agreement is Gordon Romeis, phone (239) 332 -6975, extension 145. All matters pertaining to the administration of this Agreement are to be directed to the respective parry's manager for appropriate action or disposition. 3of4 ha�^ Item No. 1rlH OR: nIKi:2tf1391 rage '.4 of-, 10. This agreement amends and supersedes the agreement titled "Amended Intergovernmental Agreement for Enhanced Environmental Resources Permitting Between Collier County and the State of Florida Department of Environmental Protection, South District Office,' executed on June 26, 2001, recorded in Official Record (OR) Book No. 2857 Page No. 1836, which superseded the original Intergovernmental Agreement, signed September 12, 2000. 11. This Agreement will be recorded by the County in the Official Records of Collier County, Florida. IN WITNESS THEREOF, the parties hereto have executed the Agreement by their duly authorized officials effective on the latter date set forth below. "'. Attest r� t�Urts Board of County Commissioners Collier Cc Florida By: . ' „ ety ClerK =ice Date: ..first .C#t;dttian S stgii`kt{E"tkt,', APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Patrick G. White, Ass't. City. Att'y. nem # 16 A9 FLORIDA DEPARTMENT OF Agenda CN ENVIRONMENTAL PROTECTION Date Date 3 zqi [.GN By: — Recd cier ng District Director South District 4of4 em No 10H. THIRD AND AMENDED SAL AGREEMENT 4 Z IR FOR ENHANCED ENVIRONMENTAL RESOURCES PERMCITING BETWEEN COLLIER COUNTY AND THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, SOUTH DISTRICT OFFICE ATTACHMENT A sa y M • +1J� � � STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES COPES CODE Present CAREER SERVICE SYSTEM POSITION DESCRIPTION Proposed 37151035000 Updon Environmental Snecialist III 49N 1 Fmiromnental Specialist M (OPS) Submerged Lands & Envi me cr u l Resource Pumitting In carrying out the duties of this position, the incumbent is "peered at W times to be aware of and abide by the Department's Standards of Conduct, as well u may and 211 departmental and/or work unit rules, directives, pulicim procedures, and/or general orders applicable to performing the duties of this position. If incumbent of this position has completed, or most complete Public Service Training, incumbent is expected to be aware of and abide by the Public Service Standards developed by the Department. H pmitiou is supervisory, incumbent is also expected to actively support and work toward faMling the Agency's Affermativ4 Action objectives and comply with the provisions of Chapter 6aK4, F.A.C. If manageriaL/sopervise ry, this position is responsible for maintaining effective internal communications with superiors and subordinates is keeping with the agency's standards and expectations for communication effectiveness. This is an advanced professional position responsible for facilitating the means and objectives of the Outreach and Watershed Management Strategies of the Department. This is accomplished primarily by processing and evaluating of wetlands determination requests from the general public in Collier County consistent with Submerged Lands and Environmental Resource Permitting ( SLERP) statutes, rules and procedures. This position is co- located with Collier County Government, and is intended to provide quick professional service in conjunction with the County's permitting division. This position requires medical monitoring and continued employment in this position requires the incumbent to pass a regularly scheduled medical monitoring physical in regard to his/her ability to perform the duties and functions of the job. "45% 1 Process wetlands determination requests from the general public in Collier County in accordance with in house procedures specified in a South District procedures memo dated October 8, 2003. In coordination with SLERP clerical staff, maintains Submerged Lands and Environmental Resource Permitting ( SLERP) Excel tracking system and enters initial information from the Request for Wetlands Determination Form. Ensures that adequate information is obtained from the requestor to perform the determination prior to the site inspection. Perform site inspections to delineate wetlands using FAC rule 62- 340, the Florida Wetlands Delineation Manual (SEP and Water Management Districts) Florida Wetland Plants, and Identification Manual (DEP), Soil Surveys for respective counties (UA Department of Agriculture, Soil Conservation Service) and other resources. Details how wetlands were delineated using the Wetlands Determination Form, Provides dimensioned legible drawings of the wetland determination sites and proposed impact areas(s). Details if possible, how the wetland impacts(s) can be avoided or minimized. Provide notification to requesmrs of results of wetlands determination (uplands versus wetlands). Results of determination are provided to Collier County Government start as appropriate; results are also prepared on a bimonthly basis for entry into the South District's website. Reports are provided to supervisor on a weekly basis and include the number of wetlands determination requests received; number of new requests; number of ns ipections completed; entries completed in PA; and entries completed in the Excel tracker. 25% 20"/0 5% OR: Responds to complaints and reports of violations within Collier County. Documents and reports findings to supervisor of any wetlands violation(s) discovered during the performance of duties. If such violations are observed during site inspections, they impacts are documented by providing the following information utilizing the site evaluation form in accordance with Department Enforcement Procedures, SLERP Operations and Procedures Manual, and in -house procedures and guidelines. Violations are reported to SLERP Compliance and Enforcement Manager along with complete documentation within two (2) days of discovery . Follows up on compliance and enforcement activities within Collier County in accordance with Department Enforcement Procedures, SLERP Operations and Procedures Manual, and in -house procedures and guidelines. Assess the value of biological systems, identifies impacts which result from construction projects, determines the appropriate regulatory and proprietary authorization necessary and evaluates the activity in accordance with criteria listed in Chapters 253, 258, 373, and 403 Florida Statutes. These evaluations are conducted in accordance with the Submerged Lands and Environmental Resource Program ( SLERP) operation and procedures manual, Department rules and regulations, and in house guidance and procedures. Prepares field reports and meets with respondents to discuss the violations, extent of wetlands on site, the need for permits, the enforcement resolution procedures, and opportunities to bring the project into compliance. Participates in meetings, provides information to applicants, agems, the general public, and representatives of other governmental agencies to inform them of statutes, rules, policies and procedures applicable to SLERP, including enforcement. Schedules and performs pre- application inspections, meets with applicant to discuss a site's potential for permitting, and submits written details of meeting highlights on projects as requested by supervisor. Provides customer service to public " walk -in" traffic and miscellaneous telephone requests. Assists Collier County inspectors with multi media inspections as requested. 5% 1 Other duties as assigned. Item Nr- s(1H OR: �J3528pp � 2 rah u o u 7. Knowledge, Skill(s), and Ability(iet): List airy entry Ievei knowledge, skill(:), or ability(im) tchaing to this position including Utilization of apipmptt. KSAs identified in This section arc aeaidemd Essenda( Fhturion(s). (I) Knowledge of the terminology, principles and analytical technique of physical nation! sciences. (2) Knowledge of potmdai coviro rnenM bnpacts which result Lon coontructioa (3) Ability to dete nine work priorities, and insure peope completlon or work assigmrrerds. (4) Ability to solve problem and make decisions. (5) Ability to oommwicate effectively verbally and in writing. (6) Ability . to collect, evaluate, analyse, and interpret scientific or technical dam. (7) Ability to understand and apply applicable rule, regulations policies and procedure relating to atvhanopual programs. (9) Ability to deal with the public in a Ncft and courteous ruenner. (9) Ability to work independently. (10) Ability in establish and maintain effective working relationships with others. (11) Knowledge of the Subrmged Lands and Environmental Resource a ( erns cold procedures menial. (12) Knowledge Of Florida Statues, and Admmistrmive Code Rules teWittg to Regulatory and Proprietary Penn'u Application prose (13) APP pin Knowledge of and ability m perform field biokogy/sie inspection techniques in accordance With the SLERP operation and procedure roanuat as well as Dcpatvncrot Dcli tr mks and regulations. (14) Ability to be able in wade, swim, sootkel and traverse difficult wetland terrain. 8. Signature of b»nediate Supervisor: Date: 9. 1 certify that the starcmrnts of this position descriptioa, to the ben of my knowledge, accurately describe the, duties (IJtlse performed. taiployee does not agree, indiate here: DO NOTAGREE_J Slgnenue of Incumbent D9e: 10. SiguabueofReviewing Authority: Date Departnem Head, Division Director, a Oder Administrative Odcer) 11. Signature ofAgenry, Officer: I)uc: County Name County Code Shift Code 12. Supervisor's Position Number: 01681 Class Code: 4823 Collier 1 I 0 Budget Entity: 3715 Class Title Environmental Moose 13. List Class Code(s). Class Title(s), and Position Numberls) of subordinate position(s): None 14. Work Hours: (A) Daily from 8:00 am. to 5,00 cam (B) Total hours in work wart: 4Q Explain variations in work wale Flextime XXX Rouning Shifts Extended period 'c Week Other 15. Special Requirement(s): Drivers' License XXX CDL Drivers' License _ SCUBA Ceriifration _ Medial Monitoring .XXX C On -call Residency _ Other (explain) NOTE: Completion of this section for all DEP position descriptions is maodatorv. All "V F answers require that the incumbent be furnished with A coov of the auolicsble ratels). 16. Yes _ No incumbent has Rreulamry responsibilities and is subject n the provisions of Chapter 6OK -15, Florida Administrative Code. 17. _ Yes 2M No memnbent has Vendor Invo'ce/Wanam eMgMine ternogsibili ry in accordance with Section 215.422, Florida Statute: a Tunely and aceorate processing of vmdm invoice and wunrtcs for payment of good received or services tendered to avoid automatic uncret penalty payments. b. Adhering to the provisions and mqubcmeat of Section 215.422, F. S., and related Depvmtent of Fmitoruoental Protection invoice Processing and warrant distribution procedure. AGENCY PERSONNEL USE ONLY �+Pmmeaae THIRD AND AMENDED INTERGOVERNMENTAL AGREEMENT FOR ENHANCED ENVIRONMENTAL RESOURCES PERMITTING BETWEEN COLLIER COUNTY AND THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, SOUTH DISTRICT OFFICE ATTACHMENT B STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES CAREER SERVICE SYSTEM POSITION DESCRIPTION Ag -nda Item No 10H OR: 3528PPt 21395 r,a POSITION NUMBER COPES CODE Present Proposed 37151035000 � w w hrnmen w w.0 I. DEPARTMENT OF ENVIRONMENTAL PROTECTION 5. Class Code class Title 2. Division pres. South District 4809 Emnoraomtal Specialist III (OPS) 3. Butuu EPP 4. SecdowSubscction prop. Subroerged Lands & Environmental Resource Permitting 6. Duties and Responsibilities: (• IdentiLea essential functians) In carrying out the duties of this position, the incumbent is expected at all times to be swan of and abide by the Departmeat's Standards of Conduct, as well as my and all departmental and/or work unit rules, directives, policies, Procedures, and/or general orders applicable to performing the duties of His position, If incumbent of this position bas completed, or must complete Public Service Training, incumbent is expected to be swam of and abide by the Public Service Standards developed by the Department. V position is supervisory, incumbent is also expected to actively support and warn toward falDWug the Agency's AIDrmative Action objectives and comply with the provisions of Chmpter 69K41, F.A.C. If m agerioUsepervisory, His position is responsibic for maintaining effective internal communications with saperion and subordinates in beeping with the agency's standards and expectations for communication effectiveness. This is an advanced professional position responsible for facilitating the means and objectives of the Outreach and Watershed Management Strategies of the Department. This is accomplished primarily by processing and evaluating of wetlands determination requests from the general public in Collier County consistent with Submerged Lands and Environmental Resource Permitting ( SLERP) statutes, Hiles and procedures. This position is co-located with Collier County Government, and is intended to provide quick professional service in conjunction with the County's permitting division. This position requires medical monitoring and continued employment in this position requires the incumbent to pass a regularly scheduled medical monitoring physical in regard to his/her ability to perform the duties and functions of the job. Processes wetlands determination requests from the general public in Collier County. Maintains SLERP Excel tracking a55% system: enters initial information from the Request for Wetlands Determination Form; reviews SLERP Excel tracker to ascertain if a wetlands determination has been previously performed on each project site; and ensures that adequate information is obtained from the requester to perform the determination prior to the site inspection. Performs site inspections to delineate wetlands using F.A.C. Rule 62 -340, the Florida Wetlands Delineation Manual (DEP and Water Management Districts), Florida Wetland Plants, an Identification Manual (DEP), Soil Surveys for respective counties (U.S. Department of Agriculture, Soil Conservation Service) and other resources. Details how wetlands were delineated using the Wetlands Determination Form. Provides dimensioned legible drawings of the wetlands determination sites and proposed impact area(s). Details if possible, how the wetland impact(s) can be avoided or minimized. Provides notification to requestors of results of wetlands determination (uplands versus wetlands) by phone and by letter. If a site is determined to contain wetlands, notification letter includes an ERP application and suggestions for project modification to avoid wetland impacts or meet a lessor form of authorization. After wetland determinations are performed, results are consistently entered into Permit Application (PA) tracking system and the SLERP Excel tracker and provided to Collier County Government staff as appropriate; results are also e- mailed on a bimonthly basis for entry into the South District's website. Reports on a weekly basis to supervisor the performance and output of the following activities for that week: number of new requests for Wetlands Determinations (WDs) received; entries into the SLERP Excel tracker; whether inspected; whether determinations sent to Collier County Government and requestors per designated procedure; whether w kaenud Item No 'OH OR.- 35 3 entered in PA; and whether SLERP Excel tracker updated. The SLERP Excel tracker is used to document the above activities on a weekly basis by highlighting the work performed on the tracker and presented to the supervisor for review The totals for each of the above activities performed are recorded on the "new requests" form and given to the supervi; a weekly basis. 15% Documents and reports findings to supervisor of any wetlands violation(s) discovered during the performance of duties. If such violations are observed during site inspections, their impacts are documented by providing the following information utilizing the site evaluation report form: area(s) are photographed; dimensioned legible drawing(s) of the site and impact area(s) are produced; areas) cleared, dredged, filled and total impact area are determined (square feet and acres); isolated or contiguous wetlands determined, type and quality of wetlands impacted and surrounding areas determined, and wetland determination methodology, utilized, and type and percentage of exotic plant species infestation are determined in the impact area and surrounding areas. Violations are reported to SLERP Compliance and Enforcement Manager along with complete documentation within two (2) days of discovery. 100/8 Conducts compliance inspections on submerged lands lease renewal applications, and forwards inspection reports to State Lands' reviewers. Provides complaint response for unauthorized activities. Prepares trip reports, documents non- compliance, determines possible actions to abate any violations, and forwards file to Fort Myers Compliance and Enforcement staff. Processes and evaluates Environmental Resource and Mangrove Trimming permit applications and/or requests for 5% Sovereign Submerged Land uses for projects in Collier County which require review of their potential impacts. Assess the value of biological systems, identifies potential impacts which result from construction projects or various types, determines appropriate Regulatory Permit and State Lands Authorization and evaluates proposals in accordance with criteria listed in Chapters 253, 258, 373, and 403, Florida Statutes. These evaluations are conducted in compliance with the Submerged Lands and Environmental Resource Program ( SLERP) operation and procedures manual, Department rules and regulations, and in -house time clock and policies. Evaluates permit applications, sends requests for additional information and required forms to obtain appropriate Regulatory Permit and State Lands Authorization, performs site inspections with recommendations to applicant, performs final action (issue or deny) on assigned projects. Schedules and performs pre - application inspections, prepares field reports, meets with applicants to discuss site potential and submits interoffice memorandums detailing meeting highlights on projects assigned by Supervisor. 100/8 Participates in meetings, providing information to applicants, agents, the general public, and representatives of other governmental agencies to inform them of statutes, rules, policies and procedures applicable to SLERP, including enforcement. Schedules and performs pre- application inspections, prepares field reports, meets with applicant to discuss a site's potential for permitting, and submits written details of meeting highlights on projects as requested by supervisor. Provides customer service to public "walk-in- traffic and miscellaneous telephone requests. Assists Local Government inspectors with multimedia inspections at Local Government supervisory discretion. 5% 1 Other duties as assigned age 2 of u 7. Knowledge, Skin(s), end Ability(im): List eny eetry Ievd IrnowledgS slcill(s), or ability(ies) relating w this Position including utilization of -.. equipment I(SN idmtNsed ti ttas teeaaa are mmitkred F.xmOaf frwafion( +). (I) Knowledge of the tumio0 logy1 principles and analytical techniques of at- Ability to dirawri a work priorities, and insure Proper eomphxion or work assigmaenffi. (4) Ability m rohrc problems and asks dixisiom. (5) Ability to mnntmmicau effectively verbally and in writing. (6) Ability u mikct evahabe, amalyre, end ituerptet scientific a mchnical data (� Ability m uthdknsnnd and aPPIY aDPlicabie rules, regulations policies and procedures relating m envvommenW programs. (>h Ability u deal with the public n a tactful and mianois mmner. (9) Ability m work independently. (10) Ability to establish and inamain effective waking ralaiomhiP+ whir otlnas. (11) Knowledge of the Submerged Lands and 1'vnvimnmhmted Resource Program's (SLERP) operations and proeedmes manual (12) Knowledge of Fkaide Snares, end Administrtive Code RWes renthhg m RegWaory it Proprietary Permit Application processing. (13) Knowledge of and ability to perform field biology/sitc Inspection techniques in accordance with the SLERP operation and procedures manual as wen as Dcparonmt nda and regulatiois. (14) Ability to be able to wade, swim, morlml and traverse difficult wetland terrain. a. Signature of bnmedudc Supervisor: Date. 9. 1 certify that the statements of this position description, to the best of my kmowedgc, accurately describe the duties Performed. Qf the employee doer not agree, indicate hem: DO NOT AGREE_) Signature: of incumbent Date: 10. Signature offteviewmg Authority. Date Department Head, Division Dowtor, or otber Administrative Officer) 11, SigusturcofAgency Officer: Date Cuhnry Name County Code Shift Code 12. Supervisor's Position Number. 01681 Class Code: 4923 Conic I I 0 Class Title: Environmemal Manager Budget Entity 3715 13. List Crass Code(s), Class Title(s), and Position Number(s) of subordinate position(s): Name 14. Work Hours: (A) Daily from 8.00 am to 5:00 o.m. (B) Total tours in work wcek: 4AQ Explain variations in work wale: Flextime 2M Rotating Shift Extended Period Asymmetric Week Other 15. Special Requirenierht(s): Drivers' License 2. CDL Drivers' License _ SCUBA Certification _ Modical Monimring)M On -can _ Residency _ Other (explain) NOTE: Completion of this section for all DEP position descriptions is wandanrr. An ")W ww*m require runt the incumbent be furnished with a eorsv of the aooncabe rnlefs). 16. X7 Yes _ No Incumbent has Remilatory resmonsibilitics and is subject to the provisions of Chapter 6OK -15, Florida Administrative Code. 17. _ Yes No Incumbent has Venda lnvoiceywmt Processing resoousib'lity in accordance with Section 215.422, Florida Statutes: ML Timely and accurate processing of vendor invoice and warrants for payment of good received or services rendered to avoid automatic interest penalty payments. b. Adhering to the provisions and requirement of $cation 215.422, F. S., and related Department of Erivirim mental Protection invoice processing and warrant distribution procedures. 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Q N a E a CO W O !^ t v n o ° v m N m c o E °' W 0.0 F m W A= N ¢ m m m 0 n a E m m Q U m a`r Ew �?a.v L m ¢ - c W _`o E p �_ r N v mE.0- v max v TO m0 U ° `W m N C C c v o E .y N � m p madn Oi C) 2 n } � ). a9 r \k )2) ) \t !_ §37; ) ! } §} b __ = +}0 } y 2 [\ ƒ/ {/ \§ .2 Lu - \k{ \ :_ zG UJ-E_§ �)(L | �) Ki |§; / §§ ; 0§ 2 t. §_ § ! �/ { E/ /2#26= ■O.LD < )m 0 2C 0 0 \� \ I -M :\ � ). ! \ 2 \§ }w zG \ \] (( \� -� \!3 m ) Z 2 ,z \ { )5 £ 2) k $§ i LU \ CL !! > $ April 6, 2007 y�n:i�, lien, Iac. ,C)H r.pni _- 29G- COMMUNITY DEVELOPMENT ;aye °` AND ENVIRONMENTAL SERVICES Office of the Administrator 2800 N. Horseshoe Drive • Naples, Florida 34104 • 239- 403 -2385• FAX 239 - 403 -2395 Gordon Romeis Department of Environmental Protection South District Office P.O. Box 2549 Ft. Myers, FL 33902 -2549 RE: Collier County - DEP Intergovernmental Agreement Dear Mr. Romeis: I regret to inform you, due to our business volume decreasing I no longer will be able to financially support the two positions that are currently staffed at Community Development & Environmental Services Division (CDES) on Horseshoe Drive. In reference to the intertocal agreement, paragraph 61 am providing written notice within the (60) sixty day time frame of the effective termination date. Effective as of October 1, 2007, CDES will no longer provide funding for these positions. I realize that this is a valuable service for the residents of Collier County and if you wish to continue the staffing of these positions in Collier County, I will provide the needed office space. One other option that I intend to pursue is to ask our Board of County Commissioners if they would approve the assessment of a fee for these services. If the Board approves an applicable fee, CDES will continue to fund these positions. 1 intend to schedule this issue as an item of discussion in the April 24, 2007 Board of County Commissioners agenda. I will advise you of the results. Sincerely, roseph K. Schmitt, Administrator o:munity Development and Environmental Services JKSfjmp cc: James V. Mudd, County Manager Gary Mullee, CDES Operations Support Manager Bill Hammond, Director, Building Review & Permitting 4genda i em No, 101 Aoril 2Z. 2DU7 25 EXECUTIVE SUMMARY Discussion of Utility Issues related to Transportation Projects OBJECTIVE: Report of the findings on utility issues in Transportation to the Board for discussion. CONSIDERATIONS: The subject of utility conflicts and delays was brought before the Board on October 24, 2006 when item 16B(4) was presented by Transportation requesting authority to enforce state statutes in directing the relocation of utilities on construction projects when utilities fail to relocate on their own and become in conflict with road work. Projects were experiencing delays due to failure to relocate and the delays were resulting in claims for damages and contract delay. Recently, contractors have been asked to come before the Board to present the status of their projects. The contractors have used this opportunity to voice their concerns about utility conflicts and the resulting impacts to their work. These concerns have mainly focused on utilities not relocating according to schedule and utiiitics not being found where shown on the plans. The County Manager was asked to investigate the matter and report back to the Board. This task was passed to the Productivity Committee and Transportation staff. The Productivity Committee and Transportation Division staff met on three different occasions brainstorming the utility issues. Representatives from consulting firms in CEI and design participated in this process as well as an industry expert in construction management and claims resolution. The Productivity Committee Subcommittee is developing a report and will discuss their findings with the full Committee. The Committee will present their findings as guests of this discussion. Change orders and completion times on Collier County Transportation projects were reviewed and found to be within the industry standards of within 10% on cost and within 20% on time. However, it was noted that actions could be taken to lessen the impacts of utility conflicts. Specifically, the Productivity Committee, Transportation staff and the Purchasing Department will discuss actions deemed viable to enhance current processes. Improvements to utility locates, contract management and permitting requests will be presented. A stronger position will be taken with private utilities during design and construction. Every effort will be made to bring them into the process early and often. Those that fail to respond and continue to delay construction can expect us to make every effort to control and to attempt to recover their share of the damages that are caused. Coordination with Public Utilities has already been enhanced through ongoing monthly meetings, joint pre - construction plan reviews, etc. H ?2007 BCC Agenda \TECM \April 24, 2007 \E S Utility Conflicts.doc aq =n%;G aim r.o 1ul FISCAL IMPACT: The additional cost of CEI, Value Engineering and Subsurface Utility Exploration will add from $100,000 and $500,000 per project and will be budgeted on a project basis. GROWTH MANAGEMENT IMPACT: The discussion of utility issues does not directly impact Growth Management, but relates to the ability to provide infrastructure concurrent with the impacts of development. RECOMMENDATION: That the Board of County Commissioners discuss the findings and recommendations of the staff and the Productivity Committee and provide further direction. Prepared By: Gary R. Putaansuu, P.E.., Principal Project Manager, TECM Department Attachment: 1) Summary of Projects; 2) Active Projects; 3) Closed Projects; 4) PC Transportation Construction Transmittal Letter; 4) PC Transportation Construction Report H:2007 BCC Agenda \TECM \April 24, 2007\E S Utility ConRicts.doc Ido 1L COLLIER COUNTY SOAfiG GF GOUf:Te COa1MI55101s EF.5 Item Number: Item Summary: l h•s neo e ne near r. Ren Y'ne 9nomn I I Jill I icsor+ 11 aad Io tranSPXiR1,0n �mlecte. Meeting Date: 5 od JOAN Prepared By Gary Putaansuo Senmr Project Manager Date Trsnsportallon Engineering son Transportation Servises 411 212 0 01 C:18'.38 AM Lars, ... orn Approved By 51.'s, short ProchasinglGeneral Svcs Duactor Date Aoministrotivc 5er,re, Purchasing 411219gg1 8.46 AM Approved By Norm E Fecer, AICP transportation Division Atlminlstrator Date .nSpoRatlon Services ", n5pOR9hOn si i.es Arch" 411220072.0E PM Approved By kmenANnsd "_ansre2aeimi Enpioer -nr @-o a v c L." r_al It! Approved Itv Approved Itr Thai_ Approved By ,r olrl, Approved By 5_,. • UEne, .,t.i,.r m,a iap.m_n:B,m pl. Anai;�at G.nr p f n -s price or me t . Siri 4 Ie 1 95e AM Approved Bp MrcM1ael SmVkov.slc r"oth"it Eludget:nector Date L A anetm I Otflce Off . ri . L . net 4 Gl[ 1 Ir Pl Approved By .Iar,s n;uad count, Manager Date Brain or Connty .,.ants Manage s Offme 4' $7 2001 P.3; PM PROJECT SUMMARY - COST AND TIME ACTIVE PROJECTS PROJECT Contract Target Contract Target Comments Number Title Amount <10% Time <20% 60018 Immokalee Road (Collier to 43rd) C,0 r1 revisor from 4-iane io e -,ape. Original $ 29,986,526.90 1490 C3, 2 Added pavement North of 011 Final $ 35,730,310.20 19.15% 1701 14.2% Well Rcac and DII Well Road W rO Iiaicr hemp 31.263450.64 '2691, 1 -95 0.4 °�inie- ecnon. 66042 Immokalee Road (US41 to 1 -75) Original $ 26,947,099.43 900 No ki3ior Cnanne Orders Final $ 27,404,646,39 1.70% 981 9.0% ✓VIO IJ�aI rr r n,e 4;.14464 6.3P 1 7C'G 98 i 9 0 °.0 66045 Immokalee Road (1 -75 to Collier) Design /Build Original $ 22,365,498 -91 804 is Final $ 22,365,498 -91 0,000% 804 0.0% 60169 Rattlesnake Hammock Road (Polly Ave to Collier) Original $ 23298,10225 730 Final $ 23298,102.25 0.00% 733 0.4% - 60005 Goodlette Frank Road Original $ 15.800,000.00 440 Final $ 15,978,575.88 113% 517 17.5% 60006 Golden Gate Overpass Original $ 35 397 385.35 750 Final $ 37 957 993.42 7 23% 1006 34.1% 63051 Vanderbilt Beach Road (Airport to Collier) Original $ 37,604,910.53 1020 Final $ 37,956,851.18 0.94% 1123 101% - °� 65061 Collier Boulevard (Golden Gate Blvd to Immokalee Road) Original $ 40,556,620.32 900 .. fy„ t91a1[9 .h9riJ5 VrGe' Final $ 40,556,620.32 0.00% 900 0.0% 62081 Santa Barbara Boulevard (Davis to Copper Leaf Lane) Original $ 62,051,879.48 900 :'f_ -o Final $ 62,051,879.48 0.00% 900 0.0% TOTAL ACTIVE PROJECTS $ 294,008,023.17 7.934 $ 303,300,478.03 3.16% 8,665 9.21% Aoen7 e. I *.e^1 Nc 1ul PROJECT SUMMARY Page , -oi -'" COST AND TIME CLOSED PROJECTS PROJECT Contract target Contract target Comments I Number Title Amount <10% Time <20% 63041 Golden Gate Boulevard $ . worth O�UaU tc ov, +.; sesuriiy ^¢ was due to C0A6 $teady Original $ 15,047,227.29 730 AP4C already being on the GBIvd b n the Final $ 14,667,579.73 - 2.52% 828 13.4% .lob W10 Major Items $ 14451 .078 46 - 3.96 °6 781 7.0% 60134 Goodlette -Frank Road (Pine Ridge Rd to VBR) Original $ 12,858,550A5 690 cools imen! from �� tenter the to Final $ 13,161,270.14 2.35% 843 22,2% lane segment irom Center Street m prance Blossom W/O Major Items $ 12.9'1.5£3.77 Z.B 69101 Immokalee Road (1 -75 to Collier Blvd) Original $ 6,747,845.46 410 CC.F,Sa=in3 the Coonatchee Cana'Sloo= Final $ 9,687,476.21 4156 ° / 686 67.3% RL 60111 Pine Ridge Road (Airport Rd to Logan Blvd) Original $ 9,974,824.59 390 ..c. Final $ 10,966,687.57 9.94°/ 664 70.3% 60061 Livingston Road Phase I (Radio Rd to Golden Gate Parkway) Original $ 9,054,969.07 410 _ Final $ 10,334,930.59 14.14% 634 54.6% _ 60071 Livingston Road Phase II (GGPKWY to Pine Ridge Road)' Original $ 9,293,248.42 365 r 1, Final $ 9,512,070/.80/ 2.35% 536 46.8% ; L;7r,t,r,c I'STU liar h2r". 1='.c, Vi3vl.S0 62071 Livingston Road Phase III (PRR to Immokalee Road) 'C-' Cap 3 well,, aad!oonal B"B ium Original $ 19,635,664.26 750 lane ei! 07 2:anoe Bicsom artl Huz, Final $ 19,234,707.38 - 2.04% 767 2.3% C-,, 7 7empunrp mare e', =_ntrn,i --z ¢r WiC Major 11errrs $ . worth O�UaU tc ov, +.; sesuriiy ^¢ 65041 Livingston Road Phase IV (Immokalee to Lee County Line) Original $ 6,608,521 .88 450 rdo is,aior Ghanoe Orders Final $ 6,029,881.26 -8.76% 542 20.4% W/0- Major Hems $ 5.029 381.26 - 8.76% 542 20.4°0 TOTAL CLOSED PROJECTS $ 89,220,851.02 4,195 $ 93,594,603.68 4.90% 5,500 31.11 % 2 Immokalee Road (US41 to 1 -75) Project #66042 Original Contract Amount + Allowance Change Order Amount Beyond Allowance Final Contract Amount % of Change Change Order Hlohlights Change Order Summary 8 Maior Proiects 26,947,099.43 457,546.96 27,404,646.39 1.70% iG John Carlo, Construction Original Allowance $ 1,258,000 C /O's from Allowance $ 768,822 Allowance Balance $ 489,178 Original Contract Days 900 removal increase emoanitmern, unsuitable materials, increase of directional bores, add steel casings at mast arm, opticom system, relocation of traffic signals, street lighting, removal of water valves. 595.87 C /01 51,950.41 From Allowance 27 modify a precast ramage inlet, ms a s FM line stop, locate and protect newly installed FM during installation of FPL poles, new signal heads at the Strand intersection. - C /02 81,427.29 From Allowance 21 Remove additional structure not shown on plans, repair attenuators, lighting allowance, structure allowances, unforeseen conditions, tan redesign, 71,767.20 C /03 286.596.41 From Allowance 15 epair equipment an roadway, aoge several utility items: such as line stops, directional drills, removal of unsuitable materials. 19.627.96 C /04 284,010.37 From Allowance flume at Strand Blvd, Bituminous Asphalt Adjustment, 8" Water Main Deflection, 6" Force Main Deflection, relocation of light pole at East end of milesone, removal of high mast light ole. 356,053.25 C /05 20,596.41 From Allowance 3 water main at The Lane, Revising a 20" water main tie -in. Revising a 30" water main tie in at the Cypress Way East Bridge 9,502.68 C /06 42,241.05 From Allowance 15 Total Change Order Amount 457,546.96 768,821.94 Total Days Added I 81 Revised Contract Days 981 % Increase in Days 9% 1 Immokalee Road (Collier to 43rd) Project 60018 Original Contract Amount + Allowance 29,986,526.90 Change Order Amount Beyond Allowance 5,743,783.30 Final Contract Amount 35,730,310.20 % of Change 19.15% % of change without major items 4.26% Change Order Highlights lce'lda Na rA:yi' �'J`) 7 APAC, Construction ' Added Original Allowance $ 1,000,000 C /O's from Allowance $ 751,338 Allowance Balance $ 248,662 Original Contract Days 1490 Go from 4 to 6 lanes 3,830,285.95 C /O1 180 Project delay of 10 months due to the army corp of engineers and EPA 1,121,212.33 Amend Repair existing box culvert, add drainage outfall pipes and spartania grass, add electrical work for well field and residential service feed, abandon 3 wells, muck excavation, change ARV sizes per Collier County Utilities 155,711.41 C /02 0 Clearing for Pond 1, Additional regular excavation, rip rap rubble for drainage connection, rip rap for Curry Canal, De- siltinq the cur canal box culvert. - C /03 136.690.04 From Allowance 0 lustment o asp a t prices, new pay items for six lane signal mast arm assemblies and credits for the bid items. C /04 386.405.86 From Allowance Addition of MOT pay items to compensate for requested changes in the realignment of the schedule and traffic flow patterns. Remobilization items due to a permit delay and a private utility conflict C /05 128,769.41 From Allowance 0 Added pay Items to cover damage done by last years storms, added MOT, road cleaning, change in signalization items and increased line items as needed. C /06 97,472.64 From Allowance 6 pavement Kooeo o Or Ull Well for turn lanes and thru lane to better match up with proposed Oil Well Rd widening project. 636,573.61 C /07 25 Total Change Order Amount 5,743,783.30 1 1 751,337.95 Total Days Added 211 Revised Contract Days 1701 % Increase in Days 14.2% % of Increase without Major items 0.4% 3 Immokalee Road (1 -75 - Collier) Design /Build Project #66045 Original Contract Amount Change Order Amount Final Contract Amount % of Change 22,365,498.91 22,365,498.91 0.00% , .. 1�3. --• L,j •. Sfij I Astaldi ConstructiorwP Original Allowance $ - C /O's from Allowance $ Allowance Balance $ - 4 Rattlesnake Hammock Road Project 60169 Original Contract Amount + Allowance Change Order Amount Beyond Allowance Final Contract Amount % of Change Chanae Order Hiahliahts 23,298,102.25 23,298,102.25 0.00% Revised Contract Days 804 % Increase in Days 0% John Carlo, Construction Original Allowance $ 2,115,000 C /O's from Allowance $ 144,686 Allowance Balance $ 1,970,314 Oriainal Contract Days 730 To add line sto s to FM work - C /01 47,150.00 From Allowance Replacement o oratam od or homeowner property behind the sound barrier wall. C /02 9,930.00 From Allowance Add Floating Turbidity Barrier, Add Irrigation & Landscaping at W. end of Wall. - C /03 42.260.56 From Allowance Add Casing under wall post to protect existing Watermain - C /04 I 2,464.04 lFrom Allowance Skyway Dr Temp Lighting - C /OS 945.00 lFrom Allowance Shadowood /NLCC Perm Electric and 8" Water Main Gate Valve Install - C /06 13,646.16 From Allowance Pay for meandering 10 ft. walk - C /07 1 28,290.24 rom Allowance 3 Total Change Order Amount - 1 1 144.686.00 Total Days Addedl 3 Revised Contract Days 733 % Increase in Days 0.4% 5 Goodlette Frank Road Project 60005 Original Contract Amount + Allowance Change Order Amount Beyond Allowance Final Contract Amount • of Change • of change without major items Ch annn rlydar Hinhlinhts ,oenca I? m Iv 101 April 24. 211 7 John Carlo, Construl:tkooa 15,800,000.00 Original Allowance $ 800,000 178,575.88 C /O's from Allowance $ 478,626 15,978,575.88 Allowance Balance $ 321,374 1.13% 1.13% Oriainal Contract Days 440 A an on existing well, spread tooter foundation for traffic signal at 22nd Ave N and divert 8" force main. 16,647.11 C /01 16,647.11 From Allowance 21 Revise Completion dates for the first milestone due to numerous Utility conflicts which prompted several design changes. C /02 0 Relocation of FPL transmission lines on the project that are in conflict with the proposed improvements. Most of the Re use Water Main was eliminated 300,050.00 C /03 0 Extra worK aSS0C1atFU—W1UVMF installation of 48" reinforced concrete pipe due to design change. Added items to address drainage issues, curb and gutter. Deduct a 24" Joint RW Pipeline 68.12 C /04 68.12 From Allowance 30 tilot Urain at e an exl , cover material for stored pipe, asphalt adjustment, pond 1 modifications, install optical system on signals. 461,910.65 C /05 461910.65 From Allowance 26 Total Change Order Amount I 178,575.88 478,625.88 Total Days Addedl 77 Revised Contract Days 517 % Increase in Days 17.5% % of Increase without Major items 10.7% 6 Golden Gate Overpass Project 60006 Original Contract Amount + Allowance 35.397,385.35 Change Order Amount Beyond Allowance 2,560,608.07 Final Contract Amount 37,957,993.42 of Change 7.23% °/ of change without major items 0.11% Change Order Highlights 'ao@ `, 0 of 25 Magnum Original Allowance $ 2,397,500 Increase Allowance $ 2,522,000 C /O's from Allowance $ 5.008,390 Allowance Balance $ (88,890) Original Contract Days 750 Muck Removal & Increase Quantity for floatina Turbidity Barrier C /01 $486,727.65 From Allowance 0 Hurricane Delay C /02 $0.00 34 Temporary Electric Power C /03 $5,171.25 From Allowance 0 Adjusting price for pipe, adding line for 60" RCP storm pipe to cross Golden Gate Pkwy C /04 $292,478.92 From Allowance 0 Deleting seal concrete and adding contractor submitted alternative C /OS 1 $254,289.33 From Allowance 0 Valve Box Tapping Cross 8 Value, unsuitable material removal C /06 $39,478.32 From Allowance 0 Landscape redesign, sealer for cracks, modifications to approve MOT, new item for relocation floating turbidity barrier, Hurricane Da $32.097.45 0/07 $116.033.55 From Allowance 7 Fuel and Steel index increase C /08 $92,355.01 From Allowance 0 Fuel and Steel index increase, and temporary strain pole design C /09 $46,187.11 From Allowance 0 Subsoil Excavation C /010 $308,015.32 From Allowance 13 36" WYE was installed on the City Raw Water Main, fuel adjustment, Hurricane Da C /011 $118.825.62 From Allowance 11 Add to allowance for S Wall Redesign and Muck removal $2,522,000.00 C1O12 $0.00 0 S Wall Redesi n C/013 $1,845,342.77 From Allowance 177 Adjusting s ruc ura steel quan i ies, adding conflict structure to contract due to utilities, irrigation redesign, weather and maintenance delay. $6,510.62 C /014 $1,014,436.39 13 Muck Removal , Capping City of Naples 24" WM, Light Pole Spread Footing, Fuel Adjustment, Relocate Cnty Interconnect, Drainage Structure Modification, C /015 $389.048.53 1 Total Change Order Amount 2,560,608.07 $5,008,389.77 Total Days Added 256 Revised Contract Days 1006 % Increase in Days 34.1% % of Increase without Major items 10.5% 7 Vanderbilt Beach Road (Airport to Collier) Project 63051 Original Contract Amount + Allowance Change Order Amount Beyond Allowance Final Contract Amount % of Change Ch..nA r)rrlar Hinhlinhtc 37,604,910.53 351,940.65 37,956,851.18 0.94% 4PFI, _- 22�,� Apac Original Allowance $ 2,225,000 Increase Allowance $ - C /O's from Allowance $ 941,564 Allowance Balance -T-1,283,436 Original Contract Days 1020 For county public utilities to have a representative from an outside firm to witness tie-in to the existing PCCP. C /Ot $5.313.00 From allowance 0 To correct error on Bid C /02 $0.00 0 Replace the HDPE ADS pipe with Concrete class III C /03 $53.260.70 From allowance 0 Mowing shoulders on VBR from to 222+00 to Sta 448 +00 as directed by en inear C /04 $18,609.88 From allowance 0 ep sang r. ows ence to maintain a safe containment around Harvey canal. C /05 p $4,628.00 From allowance 0 Will compensate contractor for wo which was not noted in the plans to complete the 36" WM C /06 $33.670.05 From allowance 8 Using the existing 48" RCP provides a savings to Collier County C 107 !$12,518.78 Increase Allowance 0 Redesign of box culvert extension at Airport Pulling Road Canal C /08 $7,928.40 From allowance 1 Preparation and repair of Hurricane Wilma C /09 $11,222.20 From allowance 18 Changes related to PLIED utility lines - conflicts and redesign C /010 $63,700.33 From allowance 13 Increase embankment, quantity adjustments for median modifications at The Groves and Naples Walk access C/O11 $251,920.72 From allowance 16 Remove Muck, Added surveys, replace sidewalk damaged during Installation of 36" water main, fencing, rip rap maintenance: of access drives C/O12 $275,345.14 From allowance 33 151tummouS material price aujubune"T, Asphalt adjustment, Directional bore, temporary deflect the existing 4" FM from Mission Hills over the new 20" RCW $351,940.65 C/O 13 $228,463.94 From allowance 14 Total Change Order Amount 351,940.65 $941,563.58 Total Days Added 103 Revised Contract Days 1123 %, Increase in Days 10.1 %" 8 Collier Boulevard (GGBLVD- Immk Rd.) Project 65061 Original Contract Amount Change Order Amount Beyond Allowance Final Contract Amount % of Change 40,556,620.32 40,556,620.32 0.00% Better Roads ' � - �Z, Original Allowance $ 3,070,OOr C /O's from Allowance $ 17,765 Allowance Balance 77,052,235 Original Contract Days 900 Add 20'* tee asing that is shown on the plans but missing as a pay item in the bid documents. $ C /Ot 17,765.00 From Allowance 0 $ 9,292,454.86 Increase Allowance $ 2,522,000 wised Contracts Amount $ 303,300,478.03 C /O's from Allowano $ 8,111,190 of Total Change Orders 316% Allowance Balance $ 11,864,205 ss Major Change Items $6,988.859.56 !vised Change Order Amount ss Major Change Items in Red $ 296,311,618.47 Total Change Order Amount 17,765.00 Total Days Added 9 Santa Barbara Blvd (Davis to Copper Leaf Ln) Project 62081 Original Contract Amount + Allowance Change Order Amount Beyond Allowance Final Contract Amount % of Change 62,051,879.48 62,051,879.48 0.00% Revised Contract Days 900 % Increase in Days 0% Astaldi Construction Corp Original Allowance $ 4,587,896 C /O's from Allowance $ Allowance Balance $ 4,587,896 Revised Contract Days 900 % Increase in Days 0% tat Original Contract $'s $ 294,008,023.17 Original Allowance $ 17,453,396 tat Change Order $'s $ 9,292,454.86 Increase Allowance $ 2,522,000 wised Contracts Amount $ 303,300,478.03 C /O's from Allowano $ 8,111,190 of Total Change Orders 316% Allowance Balance $ 11,864,205 ss Major Change Items $6,988.859.56 !vised Change Order Amount ss Major Change Items in Red $ 296,311,618.47 vised % of C /O's Less items in 0.78% Golden Gate Boulevard Project 63041 Original Contract Amount Change Order Amount Final Contract Amount % of Change %of change without major items Charge Order HghllAhts Change Order Summary Completed Proiects 15,047,227.29 (379,647.56) 14,667,579.73 -2.52% -3.96% ,,2n! 24 2Ol)7 ,, ` :) 25 APAC, Florida Original Allowance $ - C /O's from Allowance $ Allowance Balance $ - Oriainal Contract Days 730 Utility Locates and Message Signs 29,675.00 C /01 0 Quantity Adjustments 23,958.12 C /02 0 Add Contingency /Comm Material for driveway maintenance 100,019.00 C /03 0 Concrete Pipe Class III, MES various sizes and Sidewalk 6" concrete 386.634.45 C /04 0 Mobilization, excavation, Pipe various sizes, Modify Inlet, Rip rap rubble, Conduit underground, electric service wire, embankment for fire station 192.984.33 C /05 0 188,496 was added due to Add Resurfacing for Side Streets as APAC already part of the APAC Annual Contract & being on the Quantity Adjustments 216,501.27 C 106 GGBlvd Job 47 Quantity Adjustments (18.051.42 ) C /07 0 Quantity Adiustments (86,243.90 C /08 42 Quanti Adjustments (442,455.97) C /09 9 final uantity Adlustment lose out (734,752.20) C /010 0 Total Change Order Amount (379,647.56) 98 Revised Contract Days 828 °! Increase in Days 13.4% % of Increase without Major items 7.0% 2 Goodlette Frank Road (Pine Ridge Rd - VBR) Project 60134 Original Contract Amount + Allowance Change Order Amount Beyond Allowance Final Contract Amount of Change of change without major items Change Order Highlights Original Contract Days 690 Extra Gopher Tortoise Relocate, Video AJAX Paving r i .�.- 1'. �H Detector assemblies embankment 12,858,55095 Original Allowance $ 363,498 302,720.09 C /O's from Allowance $ 363,498 13,161,270.14 Allowance Balance $ - 2.35% 0 0.88% Original Contract Days 690 Extra Gopher Tortoise Relocate, Video Detector assemblies embankment discrepancies 99,660.73 C /01 0 Add remove Inlets,Water & Sewer Items 86.509.20 C /02 0 Embankment, Delete Sand cement np rap, Extra work for 2 non FOOT concrete ends 48,397.28 C /03 0 Force main work, 24" water main diversions 22,751.73 C 104 ff 0 Water /Sewer adjustments 183.09 C /05 0 Remove Water / Sewer items (65,463.52 C106 0 Add back #6 items 65,463.52 C /07 0 Remove Water /Sewer items (25.085.73 ) C /08 0 changes to special detour, off duty taw enforcement, traffic control personal, sidewalk repair, relocate signal cabinet C /Og $45.069.91 From Allowance 0 Utilities Quantity ad ;ustments (4,931.55),C/010 $12,814.11 From Allowance 0 Roadway excavation, Traffic striping, fiber optic conflict structure, water items 4,222.28 C/O11 $187.659.74 From Allowance 0 Changes to roaaway, drainage and traffic signal items. 73,104.65 C/O12 $73.685.18 From Allowance 25 Changes were due to the redesign to lengthen the 6 lane segment from Center St. to Orange Blossom 189,746.37 C/O13 $44,269.45 From Allowance 30 Replace existing drainage structures under Pine Ridge Road. New drainage structure with inlet top on Panther Lane, replace existing FM on Pine Ridge Road. 103,073.09 C /014 20 Quantity adjustments due to field conditions, design enors and ommissions. 59,795.52 C/O15 10 Changes include removal, modifications relocation and construction including, unsuitable material, drainage, manholes, roadway lighting, WM, FM. 68,001.16 C /016 45 Added Ballards, labor to remove old french drain system under turn lane, added guardrail blocks on system, labor to remove soild and asphalt and install additional sidewalk. 31,641.34 C/o 17 23 Purchase Order Close Out (454,182.89) p Total Change Order Amount 302,720.09 1 1 $363,498.39 153 Revised Contract Days 843 %Increase in Days 22.2% % of Increase without Major items 17.8% 3 Immokalee Road (175 - Collier Blvd) Project 69101 Original Contract Amount t Allowance Change Order Amount Final Contract Amount • of Change • of change without major items Chance Order Hiohliohts Provide physical locateion of a 20" FM at all crossing stations, provide a fence removal pay item. Additional cost to upgrade the class of 14x23 pipe HE III to HE IV. Additional Type B Fencing at the Pelican Nursery, addition of Test Pile pay item. Rock Removal at Pelican Nursery, remove of a drain field and installation of a grinder station at Laurel Lakes and Install casings for existing and future utility crossings Contract overruns, additional pay items, changes due to differing field conditions and design changes Cost of Stabilizing the Cocohatchee canal Slope Quantity Adjustments due to change field conditions Quantity Adjustments due to change field conditions Quantity Adjustments Final Ciose out o Contract Total Change Order Amount Original Contract Days 410 10,576.44 Aoendz Item Nc, 16i P.aril 24 0 APAC, Florida page 15 of 25 6,747,845.46 Original Allowance $ - 2,939,630.75 C /0's from Allowance $ 9,687,476.21 Allowance Balance $ 43.56% 5.29% I 323,115.90 Original Contract Days 410 10,576.44 C /Ot 0 23,165.00 C /02 0 12,883.60 C /03 0 I 323,115.90 C /04 96 212,057.01 C /05 0 3,085.266.60 C /Oo Cost of Stabilizing the Cocohatchee Canal Slope 180 1,950.62 C/07 0 (502700.00 C /08 Reduce the Rip Rap Quantity to reflected amount installed 0 (222,763.18) C /09 0 2,939,630.75 276 Revised Contract Days 686 %Increase in Days 67.3% % of Increase without Major items 23.4 %. 4 Pine Ridge Road (Airport Rd - Logan Blvd) Project 60111 Original Contract Amount Change Order Amount Final Contract Amount • of Change • of change without major items Chance Order Hiahliahts Better Roads 'oenca Nd ' W �ri� 24 °0 r 9,974,824.59 Original Allowance $ - 991,862.98 C /O's from Allowance $ 10,966.687.57 Allowance Balance $ 9.94% -4.31% Original Cantract nave 3911 Utility relocations, temp asphalt, temp road 150,996.84 C/01 0 signs for businesses,message boards 178,937.38 C /02 90 quantity corrections 5,520.75 C /01 Add 2 additional lanes from 4 to 6 120 0 Intersection 521.106 was for Reconstruction @ adding FM work Asphalt change from 5112" to 7 3/4 ", Radio and Airport not in original Add Forcemain FM Work 1,108,180.78 C/02 contract 60 Bedding material, subsoil excavation, contract 161,180.59 Air ort, Lower 12" WM, Quantity Revisions vehicle detector assembly, water main C /04 $128,015.26 Additional Utilities 14 uantity Adjustments inal lose out o conflict, FM additions 313.363.74 C /03 Added 32 Quantity Adjustments (251.04 C /04 0 24 Remove CEI Consultant from Contract and 1 224 add to Engineering Contract (165,000.00 ) C /05 0 Adjust Quantities, add allum single arm light poles, delete steel light poles 256,176.87 C /06 112 Quaniit Adjustments (4,998.50 C /07 46 uantity Adjustments inal lose out o Contract (521,129.62) 0108 0 Total Change Order Amount 991.862.98 274 5 Livingston Road Ph I (Radio Rd - GGPKWY) Project 60061 Original Contract Amount Change Order Amount Final Contract Amount • of Change • of change without major items Change Order Hiqhliqhts 9,054,969.07 1,279,961.52 10,334,930.59 14.14% 0.00% Revised Contract Days 664 % Increase in Days 70.3% % of Increase without Major items 46.7% Better Roads Original Allowance $ - C /O's from Allowance $ Allowance Balance $ - Original Contract Days 410 Quantity Adjustments 150,996.84 C/01 0 178,937.38 C /02 90 To go to 6 Lanes from 4 1,280,371.86 C /03 Add 2 additional lanes from 4 to 6 120 Intersection Reconstruction @ Radio and Airport Added to this Reconstruction intersection at Radio and contract Air ort, Lower 12" WM, Quantity Revisions 234,480.40 C /04 $128,015.26 14 uantity Adjustments inal lose out o Contract (262,831.28)1 C /05 0 Total Change Order Amount 1 1,279,961.52 1 224 Revised Contract Days 634 % Increase in Days 54.6% % of Increase without Major items 25.4% 4 6 Livingston Road Ph II (GGPKWY - PRR) Project 60071 Original Contract Amount + Allowance 9,293.248.42 Change Order Amount Beyond Allowance 218,822.38 Final Contract Amount 9,512,070.80 • of Change 2.35% • of change without major items -1.54 Benda Iiam Na ,Di Better Roads .,.•il 2vv? Pa j 2 17 Or 25) Original Allowance C /O's from Allowance Allowance Balance Oriainal Contract Days $ 850,000 $ 845,747 $ 4.253 365 Subsoil excavation, Utilitiy Work, Conflict Drainage Box 14,962.50 C /01 75,906.00 From Allowance 6 Shortfall of embankment material due t the relocation of a reclaimed WM. Replace excavated material due to root content, Unsuitable Material removal, 10,218.50 C /02 724,528.32 From Allowance 136 Addition of Wyndemere cart path and relocation of water service for FPL Substation C /03 41,187.30 From Allowance 0 Install complete in ground facilities for Decorative Lighting - Paid for by homeowners from Livingston Road MSTU C /04 3.019.03 From Allowance 0 Decorative Lighting Fixtures - Paid for by homeowners from Livingston Road MSTU 352,021.80 C /05 From Allowance 0 Quantity Adjustments C /06 1,627.20 From Allowance 0 Plug unknown well found within roadway, pave entrance to Community School, correct subcontractors error pricing of poles for highway lighting, close out items under storm pipe & WN structures. (1.710.00 ) C /07 1,605.65 From Allowance 0 Quantity Adjustments 1,041.52 C /08 0 Add days for installations of decorative lighhing. - C /09 29 Project Close Out Quantity Adjustment (155,628.90) C /09 (2,126.50) 0 Total Change Order Amount 218,622.38 845,747.00 1 171 7 Livingston Road Ph fit (PRR- Immokalee Rd) Project 62071 5 Revised Contract Days 536 %Increase in Days 46.8% % of Increase without Major items 9.6% Better Roads Original Contract Amount + Allowance 19,635,664.26 Change Order Amount Beyond Allowance (400,956.88) Final Contract Amount 19,234,707.38 • of Change -2.04 • of change without major items -2.99% n Original Allowance �,...;�2s4�,�7 CIO's from Allowance 2356! Allowance Balance $ 501.217 Original Contract Days 750 Move the existing Water line to outside the new roadway from Bridgewater Bay to VBR 100,427.02 C /01 0 Cap 3 exiting wells, additional eastbound right turn lane off of Orange Blossom Drive for First Baptist Church Per stipulated final judgement, $160,004.51 for Muck removeal of unsuitable material 173,467.09 C /02 Hole #1 0 Additional work at Touchstone Overpass to correct improper placement of fill by WCI 6,157.30 C /03 0 Additional Traffic Control, Dust Control, Drainage Structures 10,152.75 C /04 0 One 20" RCWM Dip to complete Utilities beyond the Community School Entrance 13,416.90 C /05 0 Change the bank Stablization from Rip Rap to Fiber Mat and Pegged Sod at the request of residents for horse crossings. (26,055.32 )IC /06 0 Temporary Gate at entrance of the North Curtail to provide security and From Allowance - safety for adjoining property owners, $196,626.58 for Muck removal of unsuitable material, Hole 92, $13,069.57 for installation of FPL conduit for the North FPL for North Reaional Naples Regional Park 13,069.57 C107 127,351.53 Park 0 Ouanti Adjustments C /08 (2,094.13 From Allowance 0 Aodibonal 24 orce main on me Nonn Side of VBR crossing Livingston III, 244,891.99 C /09 0 Opticom cable, additional signs, 2" PVC conduit under pavement instead of 4" RGS Conduit, video detection equipment. C/O 10 87.128.68 From Allowance 0 Days added due to rain and utility conflicts C/011 17 Sign 8 sign panel name changes, Gore area removal south of Pine Ridge Road, repair damaged existing pipe structure under new turn lane, install 5 section traffic signal instead of 3 section signal. C1012 12,970.44 From Allowance 0 Remove signs & modify traffic signals Immokalee Road & Livingston Road, mowing of median 8 curb side sod, additional asphalt @ guardrail locations, additional casing pipe, additional Utility items. C /013 9,704.27 From Allowance 0 Final Close Out Quantity Adjustment (435,266.79) C 1014 0 Purchase Order Close Out (501,217.39) 0 Total Change Order Amount 1 (400,956.88)1 1 235,060.79 17 8 Livingston Road Ph 4 (Ini to LCL) Project 65041 Revised Contract Days 767 % Increase in Days 2% Bonness Construction Original Contract Amount + Allowance 6.608,521.88 Original Allowance $ 600,000 Change Order Amount Beyond Allowance (578,640.62) Final Contract Amount 6,029,881.26 % of Change -8.76% Raem "a':e vn 1ul C /O's from Allowance` 'i, --;21. ,459, -i7 Allowance Balance $�- .,,,38t54;� Oriainal Contract Days 450 Misc Utility item adjustments 9,554.79 C 1O1 Total Change Order $'s $ 0 Rock removal, Pressure Grouting, Reinforcing Steel, Mitered End section remove & Replace, prestressed concrete piling, Preformed pile holes. $ C /02 47,969.60 0 Signal Interconnect items, utility additions 76,405.88 C /03 56,594.44 0 Traffic Signal adjustments, Utility adjustments and Roadway adjustments. 24,121.59 C /04 43,967.14 0 Utility Adjustments C /05 2,979.00 0 Structure ad'ustement, Inlets Modifications C /06 4,897.49 30 Additional items added to comply with stormwaler prevention C /07 47,678.36 20 C 108 9.372.62 0 Pro cl Close Out Ouani Adjustment 253,938.35 C /09 42 lose out Flurcnase order (386,541.35) 0 Total Change Order Amount (578,640.62) 213,458.65 92 Total Original Contract $'s $ 89,220,851.02 Total Change Order $'s $ 4,373,752.66 'Revised Contracts Amount $ 93,594,603.68 % of Total Change Orders 4.90% Less Major Change Items $ (6,239,507.63) Revised Change Order Amount Less Major Change Items in Red $ (1,865,754.97) Revised % of C /O's Less items in -2.09% Red tl Revised Contract Days 542 % Increase in Days 20.4% r,y Cl iQa i°..T. IVC %. Productivity Committee Transportation Construction Report The Productivity Transportation Subcommittee had open and frank discussions with the Transportation Administrator, transportation staff and Construction Engineering and Inspection personnel (CEls), with input from purchasing, public utilities and Clerk of Courts staff. This productive exchange of ideas resulted in identification of the following issues and recommendations to improve the road construction process. A. Utilities 1. Background a. The problem is locating and moving utilities with minimum delay at reasonable cost. b. Utilities work generally takes about 2/3 of construction time; only 1/3 is used for actual road building. c. Utilities use Right of Way (ROW) for free but have to move facilities at their expense when requested by the county. While Collier County Water & Sewer District works well on road projects, private utilities don't want to provide locates (underground locations) during design phase, only during construction. 2. Location of Underground Utilities a. It is difficult to detect the location of underground utilities. Some records are inaccurate. There are some procedures for locating horizontal utilities, but limited technology for vertical alignments. It can cause delays when abandoned lines are discovered during construction or utility lines are not where they are expected. b. Could spend more time looking for underground utilities prior to construction, but the corridor would be torn up longer and cost more. c. Potholing can be used to locate existing utilities. It costs $600 to $1,000 per pothole. d. Recommendations: (1). Encourage utilities to participate earlier in the process. Have them provide locates during design phase as well as during construction. Possibly suspend their permit reviews if utility refuses to provide timely locate information. (2). Increase potholing, by design firm or an independent third party, at 60% design. Locating existing utilities can be improved by doing more potholes to confirm utility location, especially vertical alignment. (3). Be cost effective to balance number of potholes with potential benefit. Could spend more to locate utilities prior to construction than it would cost to handle the unexpected location during construction. Need to do more potholing when higher potential for major problems. 3. Movement of Utilities 1 asn a iiem No. IG'. '_'D'7 a. Delay in moving utilities can hold up road construction, producing time delays and increased costs. b. Moving utilities is not a high priority with private utility companies because there is no profit for them. Also, they can have other, sometimes legitimate, high priority work, causing delays on the road construction project. c. When the road construction company has delays that are unapproved by the county, liquidated damages are assessed. Currently, if utility movements delay the approved road construction schedule, liquidated damages are not applied. d. Recommendations: (1). Emphasize schedule with utilities to ensure they relocate as agreed. Insist on a reasonable schedule. (2). Assess liquidated damages on utilities that fail to meet their movement schedule. Document delays but include caveat for legitimate /higher priority workload. County could also refuse to approve utility permits for any utility behind schedule on relocation for existing road construction. B. Contract Issues 1. As Built Documentation a. Identifying location of newly constructed underground facilities (As Builts) can be a problem. Documentation provided by road construction contractor is frequently inaccurate and not always timely. b. Recommendations: (1). Manage responsibility for successful delivery of accurate As Built drawings by one of the following procedures: (a). Require contractors to submit As Built mock -up sheets, verified by CEls, when they submit progress billings and reject bills that do not include As Built documentation; or (b). Make final responsibility for As Builts a part of the construction CEI contract; or (c). Retain a design professional to provide accurate and timely As Built drawings and have the assigned CEIs review and approve each As Built submittal. (2). Have additional inspection and Global Positioning System (GPS) documentation of Right of Way (ROW) permit activities and use to update underground locations (As Builts) before construction. (3). Maintain /update accurate As Built plans and include them in county Geographic Information System (GIS) on all completed construction projects. 2. Assumption of Risk, County or Contractor a. County could assume more risk for unexpected items and perhaps receive a lower road construction bid price. b. Conversely, if a road builder is required to assume too much risk for unexpected items, the contract price could be higher than if the county assumed the risk and unexpected problems were handled with change orders. c. Recent contracts have included milestones for completion with financial penalties for missed milestones. Apparently, contractors are including estimated liquidated damages in the bid price to cover missed milestones, thereby increasing costs. d. Recommendations: tie' -, (1). Continue to contract with shared risk to achieve best price. Determine how much risk contractors would willingly assume, based on market conditions, to competitively win the contract. Continue to assume some inflation risk for construction materials. (2). Have bid items in the contract, providing unit price of potential contingencies (muck removal, regularly encountered utility conflicts, etc.). Then there is a competitive price in place if that problem occurs, instead of having to negotiate, non - competitively, when the problem is discovered. (3). Eliminate the use of completion milestones for most construction contracts since everyone agreed they were not working and were costing the county money. 3. Construction Work Stoppage a. Contractor uses minor or recurring problems (which would have identical solutions) as an opportunity to stop work and accrue additional days (and sometimes money) on the road contract. Often the contractor wants to move crews to other jobs, sometimes to get bonuses on other projects. b. Recommendations: (1). Include language in the contract to allow project managers to resolve minor issues without work stoppage. Consider whether to raise the dollar amounts on what the project manager can approve unilaterally. (2). Institute an expedited process so the project manager can obtain fast approval of a work directive to keep the job moving. (3). Streamline the process for inconsequential or "zero dollar" changes. Consider using interoffice memoranda or letter correspondence, not change orders, for changes such as time extensions and previously BCC-approved funding allowances. 4. Shared Information to Control Costs a. Currently there is a very small pool of contractors bidding on road construction projects. Contractors have more business than they have workers to do the jobs. Subcontractors are in a similar situation. Sometimes only a few subcontractors do work for all the prime contractors. b. Contract bids are much higher than in the past, due to material costs but also because of reduced competition in bidding process. As a result, costs are higher and sometimes excessive. c. Recommendations: (1). Communicate with other counties to determine if they are paying the same costs or if they have better language in their contracts to control costs or improve performance. Check for fairness. (2). Consider quarterly meetings with other counties to discuss issues. C. Contract Management 1. Construction Time and Liquidated Damages a. Contractors are sometimes using conflicts as a basis to gain time and avoid liquidated damages. b. The contract provides penalties for time delays on project completion. Currently, contractors are filing claims for every delay that can be attributed to someone else. 3 L.aeri -a No. 1a �.D 1 _ 2D", 7 �d1 j 2,_, o ?., c. Recommendations: (1). Utilize post- design service to quickly resolve conflicts encountered during construction. Address this procedure in the pre -bid meeting to everyone is aware of procedure. (2). Continue to aggressively manage claims. CEIs /project manager should document who /what is responsible for each delay to avoid excessive claims. 2. Reporting Performance Problems a. Early identification /resolution of performance problems is essential to keep the project on track. b. It is important to have shop drawings done on a timely basis and an updated Critical Path Method (CPM) schedule when changes occur. c. Currently, the county can only assess liquidated damages at the end of the construction project. Need to get contractor's attention earlier when serious schedule slippages occur. d. Recommendations: (1). Consider whether to include, in the contract, the ability to reject monthly payment for non - submittal of shop drawings or failure to update the CPM schedule when requested. (2). Investigate use of Construction Past Performance Ratings (CPPR) reports to get attention on problem areas earlier during road construction. These reports on project performance go to the highest contractor management levels but are generally done at the end of projects. (3). Consider whether to bar a contractor from bidding on new projects until they catch up with schedule slippages on current county projects. Consider whether a low CPPR on a final project should preclude the contractor from bidding on future projects. (4). Conduct quarterly or semi - annual CEI meetings to share information and successful techniques and to learn from each other on contract management issues. 3. Intensive Contract Management a. Not all parties involved in road construction are focused on identifying problems and resolving them expeditiously. Potential problems could be identified early in the process to be sure everyone is aware of pitfalls. b. Schedule slippages should be intensively managed. c. Recommendations: (1). Consider partnering to encourage better working relationship with the road construction contractor. If it doesn't work with a particular contractor, discontinue it. (2). Conduct a pre- construction conference to go over every detail of contract performance with attendance of utilities and other local representative (fire, etc.). Highlight all unusual aspects of the contract. Make sure all parties (including CEIs) understand all the issues. (3). Emphasize when shop drawings need to be delivered and reviewed. Could make this performance a contingency of payment. (4). Establish a 2 -week look -ahead and document agreement of what will be accomplished during that time period. At the next meeting, review prior 2 -week performance and document what has not been worked on or completed. Use data to build a claim for time slippage. 4 (5). Review CPM schedule at each meeting, looking for delays and items not completed on time. Could make an amended schedule from contractor a condition of payment. D. Design Issues 1. Value Engineering a. Currently, there is no independent Value Engineering review on road construction projects, although a VE procedure has been developed. b. Recommendations: (1). Implement recently - developed VE procedures (during 30% design, 60% design or final road construction design). As part of VE review, design and material tradeoffs are considered, as well as construction methods. (2). Document cost of Value Engineering program and the road construction savings related to VE, to evaluate benefits /success of the program. 2. Identification of Hiah Risk Issues a. Sometimes surprises discovered during construction require contract delays and increased costs. Early identification of high -risk, potentially high -cost problem areas could save time and money. b. Recommendations: (1). Bring CEIs on project at 60% design to perform constructability review, determine ROW sufficiency and conduct a safety audit. (2). Also use VE process (under VE brainstorming or creative thinking) to identify problem areas that are high -risk or need additional testing prior to construction. COLLIER COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE 3301 East Tamiami Trail Naples, FL 34112 April 18, 2007 Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Subject: Transportation Construction Review Dear Commissioners, The Productivity Committee has completed its review of transportation construction issues. We have had open and frank discussions with the Transportation Administrator, transportation staff and Construction Engineering and Inspection personnel (CEls), as well as input from purchasing, public utilities and Clerk of Courts staff. This productive exchange of ideas resulted in identification of issues and recommendations to improve the road construction process. This report will be included on the April 24, 2007 Board of County Commissioners (BCC) agenda. Productivity Committee members will be available at that meeting to discuss these issues. As always, we appreciate the opportunity to participate in productivity studies and are available to discuss this report at your convenience. Sincerely, Yhairman, arlow Productivity Committee A.SenG�- 'terr. l�40. 50 lSD'ji ^4 :'D5! EXECUTIVE SUMMARY Recommendation to determine the final agenda from the topics proposed by members of the Board of County Commissioners and the Naples City Council for a joint workshop scheduled for May 1, 2007. OBJECTIVE: To consider the topics proposed by members of the Collier County Commission and the Naples City Council, and decide which will comprise the final agenda of the joint workshop to be held on Tuesday, May 1 from 9 a.m. to noon in the boardroom chambers on the third floor of the W. Harmon Turner Building. CONSIDERATION: The Board of County Commissioners and Naples City Council meet quarterly and last held a joint workshop on December 18, 2006 at Naples City Hall. In an email sent from the County Manager's Office on March 30, 2007, the Collier County Commissioners and Naples City Manager Robert Lee were requested topics for the agenda. Responses include: • County Commission Chairman Jim Coletta transmitted via email on March 30, 2007 at 2:26 p.m. the following topics for consideration: 1. Future annexations 2. Consolidation of fire departments and other governmental services 3. Direction of property tax reform and its impact on our joint county/city ventures 4. Equal access and cost for county residents for boat launching facilities 5. Concurrency rules that are not limited by municipality's boundaries 6. Recycling that mirrors county requirements • County Commissioner Donna Fiala transmitted via email on April 3, 2007 at 1:31 p.m. the following topics for consideration: 1. Fleishmann Park cooperative agreement 2. City vision for the affordable housing along 10`x' Street and 5th Avenue North 3. City vision for the roads in the city (ie. four lanes to two lanes) 100 +``+C -i. 2, County Commissioner Fred Coyle transmitted via email on April 3, 2007 at 2:31 p.m. the following topics for consideration: 1. Cooperative efforts ref: Naples Bay and Clam Bay 2. Impact of Florida State Legislature's Property Tax bills 3. Impact of Florida State Legislature's Growth Management bills • County Commissioner Frank Halas transmitted via email on April 18, 2007 at 11:34 am. the following topic for consideration: 1. Annexation of properties into the City of Naples and development of corresponding Inter -local Agreements • On behalf of the Naples City Council, City Manager Robert Lee transmitted via letter dated April 2, 2007 (see attachment) to County Manager James Mudd the following topic for consideration: 1. Formal request for county funds for Fiscal Year 2007 -08 for Fleishmann Park (S2 million), Sandpiper Street (SI million) and Gordon River Greenway ($500,000). The Naples City Council following its regular meeting on April 18, 2007 transmitted via email at 1:42 p.m. the following additional topics for consideration: 2. Charter Government 3. Vessel Speeds 4. Sandpiper Project Upon review and consideration of all proposed topics, the Board needs to determine which are to comprise the final agenda. FISCAL IMPACT: There is no fiscal impact associated with this executive summary. GROW'T'H MANAGEMENT IMPACT: There is no growth management impact associated with this executive summary. LEGAL CONSIDERATIONS: There are no legal considerations associated with this executive summary. RECOMMENDATION: That the Board of County Commissioners determines the final agenda from topics proposed by members of the Board of County Commissioners and City of Naples for the Joint Board of County Commissioners and Naples City Council Workshop scheduled for May 1, 2007. Prepared by Debbie Wight, Assistant to the County Manager [An '. N, lll.i lU' COLLIER COUNTI 30IPD JP -OUI,Tt ;OA9MI�SI�NEi?5 -- Item Number: Item Summary: -. 011111,1a 1 ion U n t Lmna "I nna. agenda tro - t .c n'000ss menblrs otthe _v r Gt9'p ;:n slooers end _ r acle =_ Cnc ; 1 o vsi p — ,eaul- :o e ✓,h- ..s IC tnc GoL.n r ager: Meeting Date: 41141200: 9 00 00 M Approved By James V. Mend Comm, Manager Date eoam o1 Counp, eommrssraners CoLm[y Menagaf s Office 4'181200' 4t E3 PM 1 �uv atF 2'17 OFFICE OF THE CITY MANAGER TELEPHONE (239) 213 -1030 • FACSIMILE (239) 213 -1033 lliiKe SmyKe�Srt 735 EIGHTH STREET SOUTH • NAPLES, FLORIDA 34102 -6796 April 2, 2007 Mr. James V. Mudd County Manager Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Dear Jim: Per our meeting last Friday, please consider this memo a formal request for County funds for Fiscal Year 2007 -2008. As you recall, 1 sent you a letter regarding the County's process to consider funding requests for next year's budget (see attached letter dated January 19, 2007) and you responded (see attached letter dated February 9, 2007). In your response, you indicated that you were working on a budget instructions manual and that a copy would be forwarded to my attention. The manual was to include required paperwork to be used for our funding request. To date, I have not received either the budget manual or the required paperwork. When this is forwarded I will be glad to complete the required documentation. In the meantime, please consider this letter a formal request to fund the following projects: Fleischman Park — Funds requested $2 million This is an active regional recreation park with indoor and outdoor construction elements that are estimated to cost approximately $12 million. The City has already expended $ 5,719,892.00 for public improvements over the last 2 years and intends to continue to renovate this park. The County's Recreation Advisory Board received a City staff presentation at their last meeting and agreed to recommend a S2 million dollar request for County funds toward these improvements. Sandpiper Street — Funds requested $1 million This project is a continuation of the public improvements currently being implemented at the entry way (east and west sides) of Sandpiper Street south of U. S. 41. More specifically this project involves roadway enhancement and beautification of Sandpiper Street from Curlew Avenue to Marlin Drive. As you know, a large portion of the roadway is under County jurisdiction and the improvements will enhance property in the unincorporated section of the County as well as the incorporated (City) section of the County. The City ��fi /!.J /r(/ e•q lL��.� ... / /! %v /G l! /'l /ld L J< )C..Y� ... "� r//Jilfj r/h R/i l /l /�.� ff l /.11. No 90.E ADJiI _ -?r,),7 James V. Mudd April, 2007 Page 2 will be contracting with an engineering firm within the next two months to develop elements for this project. It is estimated that this design and specifications work will cost approximately $200,000. Last year, the County Commission agreed to fund $100,000 towards this project. This year's request is for the County to provide a 50% match of the funds for construction of this project estimated to be up to $2 million. Therefore, the request is for the County to fund 50% of the cost. Gordon River Greenway — Funds requested $500.000 The proposed project involves constructing a link of the Gordon River Greenway from the Airport to the proposed Pulling Park. This project is part of a large scale pathway system along the river that will be available to all County residents, as well as visitors. It is requested that the County provide a 50% match of the estimated $1 million dollar construction budget. Operational Costs In addition to the capital budget requests herein, I will also be asking the County to consider providing some funds to help cover some operating costs at Fleischman Park. Although that has not been included in previous requests, the programming at the Park supports such a request. Joint Meetine Discussions As we discussed on Friday, the May joint workshop (between the City Council and County Commission) will include a City presentation on the budget items requested in this letter. In the meantime, please notify me of any public meetings (i.e. Advisory Boards, County Commissions, etc.) that you feel I should plan to attend to present the City's funding requests. Thank you in advance for your assistance in this matter. Please be assured that we will promptly supply additional information to support these requests if needed, including completing the aforementioned capital budget request forms you referred to in your February letter. Sincerely, ly, Robert E. Lee, DPA City Manager cc: City Council Members Construction Management Director Community Services Director Finance Director fib,., /..,.. / /,/ .. . % „r f , / /,., /�. %:.,. /•ly..,... / / / /,,. /.. /.. s v OFFICE OF THE CITY MANAGER TELEPHONE (239) 213 -1030 • FACSIMILE (239) 213 -1033 735 EIGHTH STREET SOUTH • NAPLES, FLORIDA 34102 -6796 January 19, 2007 Mr. James V. Mudd County Manager Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112 Dear Jim: :ien - I Q As a follow -up to our conversation last week regarding the upcoming FY 07 -08 budget process, I am requesting a written response on the County's process to consider funding requests from the County Manager. More specifically, I am asking for a deadline for submittals, supporting documents you would like to have included, and any meetings (staff, advisory boards, County Commission) that the City should attend. I appreciate your past assistance and support of the City's requests last year. Sincerely, Robert E. Lee, DPA City Manager REL /acl cc: City Council /�ci te� -..� �,%ry .. - Jetatrc !� o/%? . �fn`ot .✓,�.. �iii�7iL� <i: n>f�G�Gua- c% 'nen-�E !ter, hJc 1 -J COLLIER COUNTY MANAGER'S OFFICE February 9, 2007 3301 East Tamiami Trail • Naples, Florida 34112 • 239- 774 -8383 • FAX 239- 774 -4010 Dr. Robert E. Lee, DPA City Manager City of Naples 735 Eighth Street South Naples, FL Dear Dr. Lee: i FEB 13 2007 M YMANAGERS 0FR CE Thank you for your recent correspondence regarding the submittal of capital project requests for funding consideration by the Board of County Commissioners. Collier County is in the process of finalizing budget instructions for FY 08. As soon as the budget instructions manual is completed, a copy will be forward to your attention. This will include the required paperwork associated with any capital budget requests. Capital project request forms are changing from prior years as Collier County is implementing a new capital budget process in FY 08. Supporting documentation should include, but is not limited to, a description of the capital project, total cost of the project, funding provided by the City of Naples, amount requested from the Board of County Commissioners, and an explanation of why the Board should fund the request (i.e., documented county use of city facilities). It is appropriate that city staff makes all presentations associated with City of Naples capital project funding requests. City representatives should attend the following meetings to present the City of Naples funding requests and respond directly to any questions that arise. Meetina Date Capital Project Budget Submissions TBD Parks and recreation Advisory Board (PARAB) Prior to June Budget Workshops Board Budget Workshops TBD (typically mid to late June) September Budget Hearings Sept. 6, 2007 and Sept. 20, 2007 If you have any additional questions regarding capital budget requests, please contact Susan Usher, Senior Budget/Management Analyst, at 774 -8810. Thank you very much. S' cerely, J ames V. V. Mudd, County Manager cc: Susan Usher Marla Ramsey ',o=naa Item Ne ',0K ADn' 24 20'17 aae 1 of ? EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners reject the 516.5 million counter -offer from Athina Kyritsis and Zannos Grekos, owners of the Gawn Fishin', LLC property located in Everglades City (Owners). OBJECTIVE: That the Board of County Commissioners reject the Gawn Fishin', LLC Owners' counter -offer of S 16.5 million for the Gawn Fishin', LLC property in Everglades City. CONSIDERATIONS: On February 13, 2007, Agenda Item IOH, the Board authorized the County Manager to sign a Letter of Intent with the Owners and directed staff to perform the necessary due diligence of obtaining two appraisals and environmental reports for the property. The listing price for the property is 518.5 million. Two independent appraisals valued the property at $1 1 million and $14 million. respectively. The average of the two appraisals is Sl 3.5 million. Staff made an offer for the average of the two appraisals. The Owners have countered at 516.5 million firm. The results of a Phase I1 Environmental Site Assessment and Wetlands and Listed Species Assessment performed by MACTEC En«incering and Consultutg, Inc. and Passarella and Associates, Inc., respectively. were favorable. Under the County's current Manatee Protection Plan (MPP), a boat ramp or dry storage facility would not be pennittable based on the site's current Moderate Manatee Protection ranking. Florida Fish and Wildlife Commission (TWO along with Collier County are in the process of developing a revised MPP that will work with United States Fish and Wildlife Service (USFW S) to address all outstanding issues /concerns. The revised MPP should also address the current USFWS's Area of Inadequate Protection classification for this area and would likely result in the lifting of this classification. FWC guidance documents indicate that Collier County's MPP could be revised in three years after the adoption of the Manatee Management Plan being proposed by the state. The FWC will consider the adoption of this state Plan in September 2007. The revised County MPP should take three to four years to complete. Collier County and Duval County are scheduled to be in the first tier of FWC's review of MPPs. Various groups have expressed the need to provide greater boater access throughout the area. Given this emphasis on increased boater access, staff believes but cannot guarantee that there will be opportunity to propose in the revised MPP that new boat ramps and dry storage facilities with some restraints for sites like this one that have Moderate Manatee Protection rankings be adopted. Park and Recreation Impact fees are far below projections year -to -date. Staff recommends no further negotiations due to the MPP plan and park impact fees below projections. EXECUTIVE SUMMARY Gawn Fishin' Page 2 FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENDATION: That the Board of County Commissioners: 1. Reject the Owners' counter -offer of $16.5 million PREPARED BY: Jason Biros, Property Acquisition Specialist Real Estate Services'Facilities Management Fy COLLIER COUNTY POACD 01 ::wjKly COMrlisv[ 0EPS -^ Item Number. 50Y Item Summary: v e rr ..._nu. re6ca,,.i „ut ry ,.. rr =.0 tt s -mes nr.,orcr rner- oP t t't na Ka,. 5' d -,,Inca t �., wish -C Urouevy Ic. ao', nl vBr.]'i POPS ,ty JWn,— Meeting Date: 41 ?4i',X i s c0 c0 a.M Prepared By Jneon Biros Propory Arqu,tien Speualist Date Htlminls(IDnve Services FacOht s Mmmoemaof 6I98I2007 t 13-41 PM Approved By Toni A. Mot! Neal Prapert� Sapewiaor Date Acro"o,tr.t.- 5orvicm5 Faclllha, Manooamanf 4'18'20092.56 PM Approved By Jason 5lres ACgu¢ition Specialiei Date Adrnr,Wative SOrvices racJiucs Manatloment 4 18,'20092' 5t DM Approved By ASari: rrpmsey vble Loll rnor Oate Approvetl Uv _. Approved BI' r 1, �. Apprm -etl 11, Apprmcd By G 1 franape OYicc CI M1 ° ie t 4 5,,et 4 11, D9' 4.56 DM Approved Bp v _n n. r41 : :gar Darc Poamc...o 1 co t r _ s ornce 1e 2w 5 DM knenrl0 Item tVC,. 12A APU1 2 G'), , COLLIER COUNTY EI (]Ar:O JF COUNT, RS Ile. Number: 1 .. Item Summary: t', r_ Or, ur, NO u�_eI y- ::Bent Sessm Meeting Date: 4G1 (J(oo AN. Approved By )sold c. welgel count, Aaon,oy Date County Attorney .. linty Ml.ru r orrice 4'19(200] 910 me .Approved By James v. Mudd Board of Count, - comnu,.n er.. County voneger County Manaoors )face Dme 4/1812007 4:9 FN "Oeric'a Item No. 12 2qe 2 or _ NOTICE OF CLOSED ATTORNEY- CLIENT SESSION Notice is hereby given that pursuant to Section 286.011(8), Fla. Stat., the Board of County Commissioners will meet in executive (closed attorney - client) session on Tuesday, April 24, 2007, in the Commission conference room, 3`d Floor, W. Harmon Turner /Administration F Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. In addition to Board members, County Manager James Mudd, County Attorney David C. Weigel, Chief Assistant County Attorney Michael W. Pettit and Assistant County Attorney Jacqueline Williams Hubbard will be in attendance. The Board in executive session will discuss: Settlement negotiations and strategy relating to litigation expenditures in the pending litigation case of William Litsinger v. Collier County, Florida and Fred Coyle, individually, Case No. 06- 432 -CA, now pending in the Twentieth Judicial Circuit in and for Collier County. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK by: /s/ Patricia L. Morgan Deputy Clerk (SEAL) 06- 432- CNI652 AOemla Vern IVe. 1E P''Q' COLLIER COUNTY B06Gli Dr COUNT, :: D69 M'.SS!ONEI's Item Number 1JE Item Summary: _t _'. t %nt POa t Of) >. H.: d ct Cnumy'_ o _rs tc f de Difochon tc ir, )f, C; If,- (, tunie} as TG e ,qtr,, .r N t. dune ar, .retegy Relahny Ip Lc ,.enmu All, a _r5n.1 olfrl It m,u &anJ bred Coyle i t. iflIUMly Gene N )' 1 e _.r nom p nu ng in ine n �.r md.Cel ^ rcun m end for C'Jfiier L , 011'tt) F Jt'06 Meeting Date: 415.11:00' P 00.00 AM Approved By Damio C. Wo.,.1 County Attorney Dete mry Aaorttey unq Attorney D10ce 411612007 9 12 PM Approved By Jen— V_Move Oounq ManaHO' pace P.erd of 6aanty Commissioners Count, Managers OHme 4^1612007 4: 55 PM fie: No. .2:r o of 14 EXECUTIVE SUMMARY Recommendation to approve a Pre - Litigation Mediated Settlement Agreement for the purchase of improved property (Parcel 140) in the amount of $1,283,988.00 which is required for the construction of Vanderbilt Beach Road Extension Project #60168. (Fiscal Impact: S1,298,488.00) OBJECTIVE: That the Board approve a Pre - Litigation Mediated Settlement Agreement for the purchase of Parcel 140 for the Vanderbilt Beach Road Extension Project #60168. CONSIDERATIONS: The subject property consists of 6.34 gross acres of land situated along 23' Street NW in Golden Gate Estates owned by Richard and Lynne Greco. It is improved with a residence, horse stable and dressage rink. The County will need to acquire the entire property as part of the future Vanderbilt Beach Road Extension Project. The County's appraiser valued the property at $976.000. The owners' appraiser valued the property at $1.350,000. The owners were seeking compensation in the amount of $1,916.000 as summarized on the attached Mediation Comparison. At the request of the owners, Richard and Lynne Greco, the parties held a pre-litigation mediation on March 25. 2007. Issues at mediation included roving costs and the loss of the "save our homes" tax benefit. If the settlement is approved, the County will be responsible for the following costs: • Purchase amount: $1.283.988.00 • Expert Fees: S 4.000.00 • Negotiated Attorney's Fees: S 7.000.00 TOTAL S 1 294,988.00 The agreement is conditioned upon the parties executing an Agreement for Sale and Purchase of the subject property for the sum of $1.283,988.00, less any amounts owed for liens and pro -rated property taxes: and that the closing will occur on or before .June 1, 2007. Attached is the Pre - Litigation Mediated Settlement Agreement. FISCAL IMPACT: A budget amendment is needed in the amount of $1,298,488.00. Funds will come from Impact Fee District 6 reserves. Total amount includes the S1.294,988.00 and $3,500.00 for the approximate cost of title insurance, closing fees, and recording fees. Source of funds are Impact Fee District 6 reserves. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: approve the Pre - Litigation Mediated Settlement Agreement: 1 authorize staff to prepare and execute the Purchase Agreement for Improved Property and any other closing documents necessary to facilitate the conveyance of the parcel after approval of the Comity Attorney's Office: authorize its Chairman to execute the Purchase Agreement for Improved Property; 4. approve the expenditure of funds as stated; approve any necessary budget amendments; and 6. direct staff to make disbursement of the funds. PREPARED BY: Heidi F. Ashton, Assistant County Attorney and Kevin Hendricks, Transportation Acquisition Manager Nc COLLIER COUNTS 30i: i:� Jr CJUI9" Cora NlS S!ON -::i'S Item Number: .., Item Summary: 7 -_ 7r daf or..t , Fr -. f f . M O., rd w ft,, _ v for a, Oi t h a, I in, 140, 9s f0 n- I, 4.....e ra 3eru: D-I I Cac Ett= s e If 1 L 31 ast . 1 .HC 486.00; Meeting Date: 4/24120,,' '100 )0 /rM Prepared By Heidi,,. Ashton Aesistenf County Attornoy Dote County Atlorney Cwmly Attnmey DRlee 413 12007 12 08 46 PM Approved By NajfhArmue Dneotm Dale bans Portati0o Engmmenng & Tof,, nae on Services 415; 20071, JS AM ruction Manaooment Approved By e.evin Henanck5 R."I CJf Way Date irenmonelion Services _CM -P.DK 4l6/30U: 11 27 AN Approved Bp _' f.. _ WE rialys mate Approved It, A pp rmed IA' ppnmal By .. ..a Approved By DL16 CCOfdmvt0f Iwnnmrvnuve ASeisiavf ...a Counts' Manaooas off" Otfioe of Mnnaonnen. S B.t,at 4:1;'2007 2-4a PM Approved By j , .,or _ 10 1 mo E L I If I C rt 111 ( k".fztu t hw Cffof ol M1, -_ I EUdge: < 2 39f OM Approved It, Nuchael Sm)�Y.ov5k1 M1 ".anaoemont E rf.ot,f Ovettor DNe Coanp, M1Van1g 1,Offico Olho. Of Manaooment &Eedgof 4117120074'. 14 PM .Approved By .ame. v...udo Conn:y Manager Dcta r. ... ) , "Inn. CIC4S: PN �,a3RCi8 I m, rJC. Vanderbilt Beach Road Extensio(�5 Project: 60168 Parcel No.: 140 IN RE: Collier County ( "County ") and Richard Greco and Lynne Greco ( "Property Owners ") PRE - LITIGATION MEDIATED SETTLEMENT AGREEMENT At a -Mediation Conference held on -larch 2S. 2007, the parties reached the following Settlement Agreement: 1. The County will pay to the Property Owners, Richard Greco and Lynne Greco, the sum of $1,283,988.00 for the acquisition of the subject parcel and in full settlement of all claims for compensation whatsoever, but excluding attorney's fees and experts' costs. 2. The parties agree to execute an Agreement for Sale and Purchase of the subject parcel. The County will prepare the Agreement for Sale and Purchase and any other closing documents necessary to facilitate the conveyance of the parcel. 3. The County will pay to the Property Owners the sum of $1,283,988.00, less any amounts owed for liens and pro -rated property taxes, at the closing of this matter, which shall occur on or before June 1, 2007. 4. At the closing of this matter, the County will pay to the Property Owners' attorney total attorney's fees in the amount of $7,000.00. 5. At the closing of this matter, the County will pay to the Property Owners' experts total experts' costs in the amount of $4,000.00_ Paoe o of 14 6. This Settlement Agreement is subject to and conditioned upon review and approval by the Collier County Board of County Commissioners. Said review shall occur not later than April 24, 2007. Attached hereto is an Addendum to this Agreement. Yes x No S. This '019reement, dated March 28, 2007, contains all of the agreements of the parties. K-6vin H,:5ndncks, T Collier Cou kty Attorney for the Collier CountyCollier County Mediator Property Owner,,JZII�hard Greco Prosy 0j�Iner, Lynne,Grec V Attorney r Property Owners Lai \ \\ \\\ \ \ \ \ \\ \ \ < < 2 \ \\ \\\ \ \ \ \ \\ \ \ 2 PROJECT: PARCEL No(s): FOLIO No(s): N3. 5 L',pr - ZJS F'a - - o` ",4 PURCHASE AGREEMENT (For Improved Property) THIS PURCHASE AGREEMENT is made and entered into on this day of , 2007, by and between RICHARD GRECO AND LYNN GRECO, husband and wife, whose mailing address is 404 North Adams Street, Quincy, Florida 32351, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Seller owns certain improved property located at 771 2 31 Street NW, Naples, Florida, and more particularly described as ALL of Tract 16, Golden Gate Estates Unit No. 7, according to the plat thereof, recorded in Plat Book 4, Pages 95 and 96, of the public records of Collier County, Florida, together with all buildings, structures and improvements, fixtures, built -in appliances, ceiling fans, floor coverings and window treatments, and the personal property, if any, located thereon, (hereinafter collectively and cumulatively referred to as "Property "), free from liens; and WHEREAS, Purchaser requires the Property for right -of -way purposes as part of the Vanderbilt Road Extension Project, and WHEREAS, Seller has agreed to sell and Purchaser has agreed to buy the Property subject to the terms and conditions that follow. 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. AGREEMENT 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. 2. PURCHASE PRICE The purchase price (the "Purchase Price ") for the Property shall be $1,283,988.00 (U.S. Currency) payable at time of closing. If this Agreement includes an occupancy provision, the Purchase Price stated above will include a deduction for all occupancy fees due under the term of this Agreement. 3. CLOSING A. The Closing (THE "CLOSING DATE ", "DATE OF CLOSING ", OR "CLOSING ") of the transaction shall be held on or before June 1, 2007, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tarn ami Trail East, Naples, Florida. Purchaser shall be entitled to possession as of Closing, unless otherwise provided herein. Seller shall deliver the Property in broom -clean and working condition, and free of all debris upon vacating the premises. B. Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to appfcahle title standards adopted by the Florida Bar and in accordance with law. Page 1 of 8 At or before 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: 1. 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. 2. Combined Purchaser - Seller closing statement. 3. A "Grantor's Non - Foreign, Taxpayer Identification & "Gap" 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. 4. A W -9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 5. Such evidence of authority and capacity of Seller and its representatives to execute and deliver this Agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser's counsel and/or Title company. C. At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: A negotiable instrument in an amount equal to Net Cash to Seller on the Closing Statement. 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 "Requirements and Conditions" below, 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. 2. Funds payable to the Seller representing the Purchase Price shall be subject to adjustments and pro- rations as hereinafter set forth. D. At Closing Purchaser shall pay Seller's attorney's fees, to the firm of GrayRobinson, P.A., in the amount of $7,000.00, and Purchaser shall pay Seller's appraisal fees, to the firm of Calhoun, Collister & Parham, Inc., in the amount of $4,000.00. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due upon the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, unless the Property is acquired under threat of condemnation, 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 Article 8, "Requirements and Conditions" below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. E. 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. 4. PROPERTY CONDITION DISCLOSURES Page 2 of 8 - �a2rid� iter;i Nu_ ^2C 4,p, -ii _,C. 24G7 A. General. Seller represents that Seller knows of no facts or conditions materially affecting the value of the Property, except those which are readily observable by Purchaser, or which have not been disclosed to Purchaser by Seller in writing and furnished to Purchaser prior to the Effective Date of this Agreement. B. Radon Gas. Florida law requires the following 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. Seller has no knowledge of the existence of radon on the Property or any radon mitigation having been performed on the Property. 5. INSPECTIONS A. Inspection Period. Purchaser shall have 30 days from the Effective Date (Inspection Period) to have the Property and improvements thereon inspected at Purchaser's expense, and Seller shall provide access to Property for same. B. Walk- Through Inspection. Purchaser (or a designated representative) may conduct a walk- through inspection of the Property prior to Closing and prior to possession, to confirm (1) that the personal property items which are being conveved as part of this Agreement remain on the Property, (2) that the personal property items which are not being conveyed as part of this Agreement have been removed from the Property, and (3) that Seller has maintained the Property as required in Article 3. Upon reasonable notice, Seller shall provide access and utilities service to the Property to facilitate the walk- through inspection. 6. RISK OF LOSS Seller shall maintain the Property (including without limitation the lawn, shrubbery, and landscaping) in the condition existing on the Effective Date until Closing or date of Purchaser's possession, whichever is later, except for ordinary wear and tear. Any future loss and /or damage to the Property between the Effective Date and the Closing or date of Purchaser's possession, whichever is earlier, shall be at Seller's sole risk and expense. 7. REQUIREMENTS AND CONDITIONS FOR CLOSING 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: A. Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA 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. B. 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 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 000d and marketable. In the event Seller is unable to cure said obiections within Page 3 of 8 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 may terminate the Agreement. C. Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within 10 (ten) days of the Effective Date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit 'A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway. Purchaser shall have sixty (60) days from the Effective Date of this Agreement to notify Seller in writing of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within sixty (60) days from the date of receipt of said notification, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. 8. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES Seller intends for Purchaser to rely on the representations contained in this Article in entering into this Agreement and warrants the following: A. Seller has 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. B. 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. C. The warranties set forth in this Article are true on the Effective 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. D. 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. E. No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. Page 4 of 8 1?,7'il `I :a F. Until the date fixed for Closing or as 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. G. Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents 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 hazardous 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. H. Seller has no knowledge that the Property, and /or that 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. I. 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. J. Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefore, 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. K. 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 adversely affect the zoning or physical condition of the Property or its intended use by Purchaser. 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. Page 5 of 8 rli — "�OJ7 L. Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ( "CERCLA" or "Superfund "), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ( "SARA "), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 9. NOTICES Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing sent by facsimile with automated confirmation of receipt, or registered or certified mail, return receipt requested, postage prepaid or personal delivery addressed as follows: If to Purchaser: Transportation Engineering & Construction Management Attn: Kevin Hendricks 2885 South Horseshoe Drive Naples, Florida 34104 Telephone 239 -213 -5844 Fax 239-213-5885 With a copy to: Heidi F. Ashton Assistant County Attorney Office of the County Attorney Harmon Turner Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone 239 - 774 -8400 Fax 239 - 774 -0225 If to Seller: Richard Greco 404 North Adams Street Quincy, Florida 32351 With a copy to: W. Campbell McLean GrayRobinson, P.A. 201 North Franklin Street Suite 2200 Tampa, Florida 33602 Telephone 813- 273 -5000 Fax 813- 273 -5145 The addressees, addresses and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addressees, addresses and numbers 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. Notice shall be deemed given in compliance with this Article upon receipt of automated fax confirmation or upon on the fifth day after the certified or registered mail has been postmarked, or receipt of personal delivery. 10. MISCELLANEOUS A„ Thic Agrees merit may ha executed in any mannp.r of nmintpmads which Page 6 of 8 �kml 2= -'X�7 together shall constitute the agreement of the parties. B. This Agreement and the terms and provisions hereof shall be effective as of the Effective Date 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. C. 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. D. 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. E. 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. F. 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. G. 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. H. 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 s. 286.23, Fla. Stat., 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.) 1. This Agreement is governed and construed in accordance with the laws of the State of Florida. J. The Effective Date of this Agreement will be the date of execution of this Agreement by the last signing party. K. This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and there are no promises, representations, warranties or covenants by or between the parties not included in this Agreement. 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. L. TIME IS OF THE ESSENCE to this Agreement. M. Seller may not assign, sublease, or license any rights arising under this Agreement without the written consent of the Purchaser. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. Page 7 of 8 Acquisition Approved by BCC pursuant to Resolution No. 2006 -142 approved on the 6" day of June, 2006, agenda item no. 10A. AS TO PURCHASER: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk JAMES COLETTA, Chairman AS TO OWN DATED: 6 D WltnesV (Signature) Richard Greco Name (Print or Type) Witness (Signature) - Name (Print or Type) _ Wknessj,Signat6re) Lynn Greco Name (Print or Type) Witness (Signature) Name (Print or Type) Approved as to form and legal sufficienc Heidi F. Ashton Assistant County Attorney 0 814860 v1 Page 6 of 8 Item No. ^2p F.pril 24, 2007 ?a o4 7 Executive Summary 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 $1,565,000.00 for the Acquisition of Parcel 119 in the Lawsuit Styled Collier County v. David Lawrence Mental Health Center, Inc., et al., Case No. 06- 0567 -CA (Santa Barbara Boulevard Project No. 62081). (Fiscal Impact: $863,450) OBJECTIVE: That the Board 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 $1,565,000 as full and final compensation inclusive of all attorney's fees, expert witness fees and costs for the acquisition of Parcel 119 in the lawsuit styled Collier County v. David Laurence Mental Health Center, Inc., et al., Case No. 06- 0567 -CA (Santa Barbara Boulevard Project No. 62081). CONSIDERATIONS: The County acquired the subject property by entry of an Cyder of Taking on August 4, 2006 and by depositing the amount of $701,700 into the court registry on August 24, 2006. The County and Respondent have negotiated a settlement of $1,565.000 for full compensation including attorno3 s fees, expert witness fees and costs. If the settlement is approved. the Count) ° is responsible for the following costs: • Additional Deposit Usbursement Amount: $ 863,300.00 • Expert Fees: $ Included • Clerk's Service fee: $ 150.00 • Attorney's Fees: $ Included TOTAL: $ 863,450.00 The Mediated Settlement Agreement is conditioned upon the following: • the new southerly driveway connection shall be constructed by the County to include a 48- foot wide throat; and • the County will construct a right turn-out approximately 60 feet north of the centerline of the existing driveway, provided Respondent makes site modifications recommended by the Transportation Department. After construction, this driveway opening may be closed by the County at a future date based on safety, operational circulation or roadway capacity. Attached is the Mediated Settlement Agreement. FISCAL IMPACT: Funds in the amount of $863,450 are available in the FY 2007 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: approve the Mediated Settlement Agreement; 2. approve the Stipulated Final Judgment which incorporates the terms and conditions of the Mediated Settlement Agreement to be presented to the Court for entry; 3. approve the expenditure of funds as stated; 4. direct staff to deposit the sum of 5863,300.00 into the registry of the court; and 5. direct staff to make disbursement of the funds. PREPARED BY: Heidi F. Ashton. Assistant Counn Attornev. Office of the County Anomev COLLIER COUNTY aoAFr. or ;;pm:Tr cJMMi55IOwees Item Number: Item Summary: Rec "^m ?rdavOry l; "D,, dem tea 11 rodILa JUd4n16'lt to be GreFlee Inro;poranno tI,,Same Te�mS aa-Contlmonc gs lie Medletedl S,ot ..pre men, L'.kmoun ],OC lit he 2 u611 .czl 1141n ma Il I' Sfrled C.111 unty v -el.] I, rani" Ne neam Coe1e I c, e'. a_ case Nc 0 C 6] 4 fSal tO 2arbac boule ant Wine, No - 0C11 (FSCaI rt _ - 534501 Meefib, Bete: 4,',4/200' 9 OD DO SM Prepared By HI.d. F. Ashton A5s5L7n1 County Attorney Cate County Attorney Clurd, Attomay Of6oe 3/P20072014 PM Approved By Nurm E Feaer uCP Tranepvlzooln D,,,son Admmistranor fete .uortation Services Tra n50o rtation Services Admen_ 3;27 20G7 4'. 06 PM Approved By Stare, Neuman Acooun mH Supervisor pate Tfansnortetmo Sero¢ns i„ _v �. _ es Hamm OIdJLGO' S:1. PM Apprm<d B. .._ .. Approed HT App ruvcJ 6. Approved 11, 4LCmei Approved 13v DMB COOm...t., Adaums¢anve rsr tan, Dote �cmrty Waoaa.YS O'•.z :Ngco of tAana9omen; &6ugP °f 4;r2l2D0- .Approved By Nuaheol Svlllo —: �., __ i�nt & &mpc �Ire,.mr pile 1V r1 lfoe It "Ir _nI a HOrtoe( Approved Be — olIay.ntnm _..un1y -rears, per Dore ewnq'rmunagers orbde 4n4i2ao-_52 AM Approved 11, Susan Usher 6_n.or n<anauemonuBUUya: Anxprst ,,._ SM.n <..Rf �, rs. ._n:L BUOget I'll o:S4 kM1'. 7 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIR UI THE STATE OF FLORIDA, IN AND FOR COLLIER COUNTY, P l CASE NO. 06 -0567- CA COLLIER COUNTY, etc., Petitioner, V. PARCEL 119 DAVID LAWRENCE MENTAL HEALTH CENTER, INC., et al. Defendants. STIPULATION OF THE PARTIES Pursuant to the Mediation Conference held on the 23rd day of March 2007, the parties have agreed to abide by the following: Petitioner COLLIER COUNTY shall pay the Defendant. NAPLES CHRISTIAN ACADEMY ASSOCIATON INC for the taking of Parcel 119, the aogreoate sum of S / SoOr O° less any sums heretofore paid. � SSA f 7Q pal 3. The parties shall enter into a Stipulated Final Judgment reflecting the terms of this Stipulation. 4. Pursuant to Florida Statute 44.102 (3) the parties agree to keep the terms of this Stipulation confidential. LRt✓Lu-k N 'iQ�fl�B iizIT: Nd `,2D THIS STIPULATION BECOMES BINDING EXECUTION AND THAT OF THEIR COUNSEL BOARD OF COUNTY COMMISSIONERS_ �1� 4, , i J,\--- i �In F. A.SHTON, ESQUIRE Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 Attorney for Petitioner 238 - 717418400 BELLY. PATEL, ESQUIRE Law O ice Of Bella Y. Patel P.A. 10326 Waterford Run Drive Attorney for Defendant 813 - 643 -2762 JAM A.HELINGEF 814 C estnut Street Clea ater, Florida: FBN: 00145200 CERTIFICATION NO. 12262 R UPON THE PARTIES BY THEIR AND THE APPROVAL OF THE NAPLEP CHRISTIAN ACADEMY ASSO IATION C. By DE ENDANT PRINT NAME DEFENDANT PRINT NAME Page „1 of ashton_h From: MessamMarlene Sent: Tuesday, March 27, 2007 9:32 AM To: ashton_h Cc: hendricks_k; Feder-N; putaansuu_g Subject: Santa Barbara Blvd. - Naples Christian Academy Mediation Attachments: Naples Christian Academy-Norman Feder's Comments.pdf Dear Heidi, I spoke with Mr. Feder this morning concerning the requested right out access for the Naples Christian Academy. Mr. Feder had some concerns with their internal circulation as shown on their site plan. As shown it appears that stacking in the right turn lane will be unavoidable as if incoming vehicles are blocked by those exiting. The right turn lane staking may eventually spill out into the through lanes on Santa Barbara. Mr. Feder made it clear that the County will reserve the right to close this right -out access location if it becomes an operational problem for the roadway. Attached please find their site plan along with some comments that I wrote down based on my discussions with Mr. Feder. In order to provide the right out access, some modifications to circulation geometry are suggested. Consider providing a "pork chop" island at the south driveway ingress/egress and Increasing the curve radius for the exiting northbound traffic lane (as shown on the attached) Marlene Messam, P.E. Senior Project Manager Collier County TcC/M Ph, 239.659.5773 (direct) Ph. Z39 774 9192 (mein) Cetl # 239 580 3595 (Cell) Me.rsamMorleneLOcolltergoctne t 3/27/2007 T11:1 r I F-4 SANTA BARBARA BLVD. 4k- k -rteu 7 1 .. - LL a 71 h dh� ,=pens, Item t , i44 April ^ ';i07 1 of 13 EXECUTIVE SUMMARY Immokalee Redevelopment Advisory Board recommendation to the Collier County Community Redevelopment Agency (CRA) to consider approval of job descriptions and referral to the Board of County Commissioners (Board) the recommended fiscal year 2007 -2008 budget request related to the establishment of a new office in Immokalee to conduct CRA and Enterprise Zone Development Agency functions and duties OBJECTIVE: Collier County Community Redevelopment Agency (CRA) approval of the Immokalee Redevelopment Area Advisory Board's (CRA Advisory Board) recommended attached job descriptions and referral of the recommended fiscal year 2007 -2008 budget to the Board of County Commissioners for its consideration. The job descriptions and the recommended budget are implementing steps to the establishment of a newly staffed CRA and Enterprise Zone Development Agency (EZDA) office in Immokalee to better cant' out the CRA and EZDA functions and duties in carrving out its advisory roles to the CRA and the Board of'County Commissioners (the Board). CONSIDERATIONS: On January 23, 2007, the CRA and the Board voted unanimously to support the unanimous recommendation of the CRA Advisory Board /EZDA to establish a staffed office in Immokalee, effective October 1, 2007, with the adoption of the Fiscal Year 2007 -2008 budget. Joint Office of CRA /EZDA. EDC and Inmiokalee Area Chamber of Commerce Subsequent to January 23 CRA and Board meeting, the Budget Committee of the CRA Advisory Board met with representative of the Economic Development Council of Collier Comity (EDC) and the Immokalee Area Chamber of Commerce (the Chamber). It is intended that CRA/EZDA. EDC and Chamber functions related to the development and redevelopment of Immokalee and Eastern Collier County will be housed in a commonly shared office as follows: • CRA/EZDA.....2 staff (Executive Director, Operations Analyst, and Administrative Assistant) • EDC ..............1 staff' • Chamber ......... I staff It is believed that such a close physical presence will facilitate communication of all three entities, all of which have similar goals. Job Descriptions. The three job descriptions (Executive Director, Operations Analyst, and Administrative Assistant) are attached, subject to final approval by Collier County Human Resources. It is proposed to limit CRA/EZDA hiring during FY 2007 -2008 to the Executive Director and Administrative Assistant positions. However, approval of all three job descriptions is being sought at this time for convenience purposes. On March 21, and through subsequent email polling of the CRA Advisory Board /EZDA members, the CRA Advisory Board recommended approval of these three positions, subject to the approval of the Human Resources Department. Recommended FY 2007 -2008 Budget The attached recommended budget was developed in conjunction with the Budget Committee of the CRA Advisory Board, the Economic Development Council of Collier County, the Immokalee Area Chamber of Commerce, and the Collier County Management and Budget Office. Some of the costs in this initial budget request from the CPA Advisory Board contain one time costs related to the establishment of the office such as equipment and furnishings. Some of the costs related to the office space will be shared based upon the respective proportionate share of the office space occupied by the CRA/EZDA function, the EDC function, and the Chamber function. Exact details on this cost sharing are yet to be worked out as well as the establishment of the location of the office space, although several members of the CRA Advisory Board are actively engaged in this pursuit. FISCAL IMPACT: Eliminating the current $85,700 salary support transfer to Fund (I 11) and adjusting contractual and capital program allocations is reflected in the attached proposed FY 2007 -2008 Budget for the Immokalee Redevelopment Area. It should be noted that sufficient reserves exist in FY 2007 -2008 to support the office operations without adjusting the capital program. Going forward, office operations in Immokalec would become part of the normal budget process. GROWTH MANAGEMENT IMPACT: Policy 4.7 ofthe Future Land Use Element of the r•- )wth Management Plan states that redevelopmeni plans may be dev eloped for spc, ifi. _rc;':, within the County. LEGAI CONSIDERATIONS: The recommended action is consistent with all applicable constitutional and general law. and complies with adopted CRA and County regulations, and thus. is legally sufficient for the Board's consideration and approval. RECOMMENDATION: Should the Collier County Community Redevelopment Agency (CRA) decide to issue a favorable recommendation to approve these three job descriptions and report the proposed FY 2007 -2008 Budget to the Board of County Commissioners, additional steps will be taken with appropriate approvals to establish the Immokalee Office of the CRA /EZDA all in cooperation with the EDC and the Immokalee Chamber of Commerce. Prepared By: Thomas Greenwood, AICP, Principal Planner, Comprehensive Planning I r 9'J_ COLLIER COUNTF EOd RD Of COtI I: T' ?CGMId Id5101JEf;? Item Number: .,. Item Summary: 'I .,nenca ,Ce, bn rukai 1 10nmc tee._ 1r ,r1. nenon to :11 DIrntlnt, ke - r,rnent kgsl 1 r r< t consae .](pr ,. o' tot uescrptons and rile ilotreOdd,o y :,orn,rdsiore, ine r=COmmenaed 85081 vear ?00% -200A nudge: request related to me esaollennleni of a if,, Off il nmokaies tc Cabduq ORA and Enlerd,e Zr _ Development ,ge, norloof, and fillies Meeting Date: 41242006'.00.00 AM prepared Be TM1Omas Greenwood Principal Planner Date _ amuni[y Dev_iopment5 _ C.franebenalvo Plann., 312&2f107 12:43:52 PM Approved 11y Marlene Stewart �xecutive Secretary pace . ..unity Devn opmenl& a.unity Developmem& z vir rrrr,r al 5ervlce5 Eriv mnmenial 5ervlees Admm. 4 512007 2.01 PM Approved By v3_.a.u¢nnlsttto , Dili .men n. �o e. om_i, A pp ..reed 11, Apprured B� Approved It, _....ur t A vn 'r, Room az._ t1 f nor, .. I Clfp<o :.2y ON Approved By eommin�ty Dvl ;.11ent s e .I OSean Y . $rFmin ,a e �.vironmen.a. ,e. trees sdminamtor .,annnlmry DmvovPmen:& _, 1. -� �.,etopmrm& Ell--111,1: nr _. taiS— cv,AOmin. 4'0'200- 2:09Pro Approved Bc OMB GOOMIna[Or Admmiseelive ASela[enl Date rent, Man s Offltt. plryce of lreanaoement 68lagel 4112'2001':}. AK Approved By Mary In.ckeon .:udHet A vet pall C ry Wana9eY, OH¢e O:bce - 411? (20e' L.20 AM App rm ed Be OLriiar mr,r. k =.. Manager cm&5utya..a aaa. ume ..ounrt tllnneoar's pf(ieu C >fllce of 51a1epan.ant59uaoet »;1]120091[: 55 Arl Approved I11' E—rn d! ,.0-1, Mri3aaeY501M1Ce 4112200; ii 16 AM -?'vii. ='a0 Code: COLLIER COUNTY, FLORIDA CRA/EZDA CLASSIFICATION SPECIFICATION Note: Draft, subject to review and approval by Hunran Resources CLASSIFICATION TITLE: CRA/EZDA EXECUTIVE DIRECTOR PURPOSE OF CLASSIFICATION 'fhe purpose of this classification is to perform highly complex managerial and administrative work by providing direction and oversight of daily operations and implementation of the Immokalee Community Redevelopment Plan. and implementation of the Strategic Plan for the Immokalee Enterprise Zone. Reports directly to the Collier County Communiry Redevelopment Agency (CRA) and the Collier County Board of County Commissioners (BCC). Work involves directing all activities. programs and projects as well as assisting the CRA and the CRA Local UN isory Board (CRA Advisory Board) with the long range planning. organization and direction of the CRA: ducctim_ all CRA employees. consultants and contractors: managing Special projects. and making final decisions regarding emplovee terminations and disciplinary actions. This classification also involves all of the above direction. oversight. etc. related to the tmmokalee Enterprise Zone. with the Enterprise Zone Strategic Plan heine pan of the tmmokalee Community Redevelopment Area Plan. Reports directly m the Intmokalec Enterprise Zone Development Agency (EZDA). an advisor Board to the BCC and to the BCC llnvrescr. the final sign off ofall Enterprise Zone incentives and preparation of the required Enterprise Zone Annual Report twill be earned out through an employee of the BCC who is presently housed in the Comprehensive Planning Department SALARY RANGE: SXXXXXXXXXX annually DOQ ESSENTIAL FUNCTIONS The follom in-, duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties mad be required and assigned. Develops andior implements broad CRA and EZDA plans. goals and objectives. performance measures and other strategic business functions in consultation with the counsel and direction given by the CRA Advisory Board and the EZDA. Confers with the Comity Manager regarding CRA and EZDA activities that invoke County employees or Divisions.. and other issues pertaining to the operation of County government. Directs the daily operations of the CRA and the EZDA by providing, guidance and direction to subordinates. Ensures programs. services and systems support the CRA and County missions. Beeps County Manager apprised of issues regarding the CRA and EZDA daily operations. All under the direction and guidance of the CRA Advisory Board and EZDA, directs the development. presentation and administration of the CRA budgeC oversees the forecast of funding needed for staffing, equipment materials and supplies; monitors revalues and expenditures. authorizes mid -year corrections; reviews CRA budget amendment requests; discusses budget issues and developments with the CRA Adeisop, Board and EZDA and ensures budget amendments arc appropriate. documented and support the CRA and EZDA goals and objectives. Issues final rulings regarding all employee terminations and disciplinary actions. Conducts disciplinary 'tennination hearmas: ensures all parties are given fair and equitable opportunities to present information; interprets and explains applicable policies and procedures; determines appropriate action; and issues ruling. Ensures human resources actions comply with state, federal and local regulations, and support CRA/County goals and objectives. Supervises CRA/EZDA clerical staff and Project Managers. Performs administrative duties associated with supervising staff, to include hiring, assigning work, providing guidance and direction, evaluating performance, and taking disciplinary action as necessary. Coordinates and manages all CRAT ZDA projects within the Immokalee Community Redevelopment Area and the Enterprise Zone through and with the Enterprise Zone Coordinator, an employee of the BCC. Identifies resources and staff needed to complete projects; develops project plans and schedules; directs committees, task forces and other parties assigned to special projects; provides status reports; study findings and recommendations: and oversees implementation of approved plans and initiatives. Represents the CRA and EZDA to local businesses, community organizations, citizen groups, and the general public. Responds to inquiries and/or complaints from the general public that cannot be resolved by subordinate managers. Operates a personal computer. telephones, copiers and other general office equipment as necessary to complete essential functions.. to include the use of word processing, spreadsheet. database. or other system sothvare. ADDITIONAL FUNCTIONS Performs other related duties as required. MINIMUM QUALIFICATIONS Master's degree in business, public administration or a closely related field preferred but not required; seven to ten years of progressively responsible experience managing CRAB or Tax Increment Financing Districts or municipal departments. programs and operations; or any combination of equivalent education, training, and experience which provides the requisite knowledge, skills, and abilities for this job may be substituted for education. Must possess and maintain a valid Florida driver's license. PERFORMANCE APTITUDES Data Utilization: Requires the ability to synthesize and integrate data for predicting, anticipating, and planning for future events impacting the organization. Includes determining strategic and tactical decisions at the highest organizational levels of authority and responsibility. Human Interaction: Requires the ability to function in a director capacity for a major organizational unit requiring significant internal and external interaction. Equipment, Machinery Tools and Materials Utilization: Requires the ability to operate, maneuver and/or control the actions of equipment, machinery, tools, and /or materials used in performing essential functions. Verbal Aptitude: Requires the ability to utilize consulting and advisory data and information. as well as reference, descriptive and /or design data and information as applicable. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication and division: ability to calculate decimals and percentages; may include ability to perform mathematical operations involving basic algebraic principles and fornmlas.. and basic geometric principles and calculations. Functional Reasoning. Requires the ability to apply principles of logical or scientific thinking to implement both intellectual and practical relationships. Involves responsibility for consideration and analysis of complex organizational problems of major functions. Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in critical and /or unexpected situations involving moderate risk to the organization. Leadership: Requires the ability to provide effective leadership at all levels of the organization and coordinate the activities of the County organization in an effective manner. Customer Service: Requires the ability to respond to the most difficult and sensitive complaints and requests for information in an effective. efficient and professional manner. Financial Accountabilitv: Requires the ability to prepare and submit accurate and timely periodic reports of financial activities which keep the Board advised of financial conditions, program progress and present and future financial needs of the County. ADA COMPLIANCE Phvsical Abiliti: Tasks require the abilit* to exert light physical effon in sedentary to lip *ht woti:. but sOnch mac invoke sonic lifting_ carp ing. pushing and -or pulling of objects and materials of light weight (5 -10 pounds). Tasks tnav involve extended period, of time at a kccboard or cork station. Sensory Requirements: Some tasks require the a6ihm to perceive and discriminate sounds and visual cues or siunals, Some tads require the abihis to convnunicate orali.y . i nvironmental Factors: Fsscntial fimctious are regularly performed sznhout exposure to adycrse environmental conditions. Collier Cowin CRt is an Equal Opportunity Enplgrer. In compliance n ith the 3rnericau.s with Disabilities Act, the CR4'C0a12n will povide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current emplovees to discuss potential accommodations with tide eniplorer. y'drluu 119,^,1 NC. `/,�vim. _y. Class Code: 90006 Pay Grade: 15 COLLIER COUNTY, FLORIDA CRA/EZDA CLASSIFICATION SPECIFICATION Note: Draft, subject to review and approval by Human Resources CLASSIFICATION TITLE: CRA /EZDA ADMINISTRATIVE ASSISTANT PURPOSE OF CLASSIFICATION The purpose of this classification is to provide responsible administrative and clerical support for an assigned department. Work involves preparing and processing varied administrative documents such as payroll, budget, purchasing. etc.; preparing a variety of operational documents, forms, reports, records and summaries; entering data and retrieving information from department databases; and maintaining automated and manual files. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties mac he required and assigned. Performs a eariep of administrative duties for the department to include preparing and or processing budget. purchasing. payroll and accounting documents. Coordinates the preparation of budget development documents: tracts expenditures and revenues; and prepares budget amendments. Records and deposits monies received by the department. Prepares and/or reviews procurement documents to include bid specifications, invoices; contracts, etc. Supervises and /or per -forms data entry for purchase orders. Reviews and approves invoices and processes for payment. Prepares payroll documents; prepares and/or audits time sheets; and submits documents to payroll staff. Establishes and maintains department personnel files. Prepares Information Technology (IT) forms to enable new department employees to have access to the County information systems. Serves as liaison between assigned department and Support Services departments, including Information Technology, Human Resources, Risk Management, and Purchasing. Reviews and/or prepares executive summaries, ordinances, resolutions, requests for legal services and other documents being presented to the County Manager and /or Board of County Commissioners (BOCC). Prepares operational and Pro-gram reports, correspondence, and other materials for the department manager upon request. Enters data into department databases, to include information from administrative functions and from operational /program activities. Reviews and summaries a variety of fiscal, statistical and administrative information. Prepares statistical summaries and narrative reports. Establishes and maintains automated and manual records and files. Provides assistance and information to internal and external callers and visitors regarding the department, its programs and services and the administrative support functions. Refers callers /visitors to appropriate staff as needed. Performs special projects as assigned. © DMG- MAXIMUS, INC. Page 1 Last Revised: August, 2004 enc� Item No. ' ?(iG7 a c ' Collier Count•, Florida • Administrative Assistant 90006 Orders office supplies; makes travel arrangements and reservations; and maintains calendars for management staff or conference rooms. Operates a personal computer, telephones, copiers and other general office equipment as necessary to complete essential functions, to include the use of word processing, spreadsheet. database, or other system software. ADDITIONAL FUNCTIONS Performs other related duties as required. In the event of a declared state of emergency, employees in this classification may be called to work during days or hours other than those for which they are regularly scheduled. MINIMUM QUALIFICATIONS High school diploma or GED: with additional coursework in business. accounting or secretarial sciences; supplemented by two vears of progressively responsible experience perfomring clerical work: or any equivalent combination of education. training. and experience which provides the requisite knowledge. skills. and abilities for this job. Fingerprinting may be required. Must possess and maintain a valid Florida drivers license. PERFORMANCE APTITUDES Data Utilization: Requires the ability to reyiesv. classify. categorize. prioritize. and or analcze data. Includes exercismc discretion in determining data classification_ and in referencing such analysis to established standards f' or the purpose of recognizing actual orprobable interactive effects and relationships. Human Interaction: Requires the ability to provide guidance. assistance. and or interpretation to others regarding the application of procedures and standards to specific situations. Equipment Machinery Tools. and Materials Utilization: Requires the ability to operate. maneuver and %or control The actions of equipment, machmen, tools, and or materials used in performing essential functions. Verbal Aptitude: Requires the ability to utilize a wide vaneq of reference. descriptive, andior advisory data and information. Mathematical Aptitude: Requires the ability to perform addition. subtraction. multiplication, and division: the ability to calculate decimals and percentages; the ability to utilize principles of fractions; and the ability to interpret graphs. Functional Reasonin_: Requires the ability to apply principles of rational systems: to interpret instructions furnished in written, oral, diagrammatic, or schedule form; and to exercise independent judgment to adopt or modify methods and standards to meet variations in assi =red objectives. Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in situations involving evaluation of information against measurable or verifiable criteria. Leadership: Requires ability to assist the Director and Project Manager, in a cooperative relationship with other entities. in the implementation of directives given by the Immokalee Redevelopment Area Advisory Board and the Enterprise Zone Development Agenev. Customer Service. Requires excellent customer service skills. both within as well as outside of the department in order to effectively carry out directives given. Financial Accountability: Requires responsibility for all fiscal activities related to funds. projects, and budget. © DMG- MAXIMUS, INC. Page 2 Last Revised: August, 2004 ,GBnGa item f o, 14A P,Pni 24 P a a e 4 Collier County, Florida • Administrative Assistant 90006 ADA COMPLIANCE Phvsical Ability: Tasks require the ability to exert light physical effort in sedentary to light work, but which may involve some lifting carrying, pushing and /or pulling of objects and materials of light weight (5 -10 pounds). Tasks may involve extended periods of time at a keyboard or work station. Sensory Requirements: Some tasks require the ability to perceive and discriminate sounds and visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Essential functions are regularly performed without exposure to adverse environmental conditions. Collier County is an Equal Opportunln, Employer. In complimace with the Americanv xith Disabilities Act, the County rill provide rcasonablC accommodations to qualified individual., with di,sabilitiev and encourages both In ospcetive and current employ CC to Cliven,S potential accotmnodati(1n.r v ith the emploi cr. ) DMG- MAXIMUS, INC. Page 3 Last Revised: August, 2004 nca !t =rr Iv ,. o_ Class Code: 91004 Pay Grade: 19 COLLIER COUNTY, FLORDIA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: OPERATIONS ANALYST PURPOSE OF CLASSIFICATION The purpose of this classification is to coordinate special projects and conduct research and analysis of various departmental functions and operations. Pork at this level is of a responsible. technical or professional level relative to a supporting role in the management of a division. department, or operation. but without supervisory or managerial responsibilities. All authority and autonomy inherent in this classification is at the discretion of and delegated by a Department Director or Division Administrator. ESSENTIAL FUNCTIONS T'he follomving duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the tca-k is similar, related, m a logical assignment for this classification. Other duties may be required and assigned. Conducts operational and lei,al research. productivip analyses and mana«ement studies to assist in the management of departmental operations. programs. and sere ices: compiles and of monitors various administative. legal and statistical data pe:-taining to divisional operations: rescarhes information penincnt to task or project: analyzes data and identifies trends: prepares or generates reports: prepares lei *al documents and agreements: makes recommendations for chances in policies and procedures to improve operations. provide more responsive service, and or optimize the use of resources: and develops recommendations for changes in departmental policies and procedures: and provides technical assistance and information to management to aide decision making. Performs financial reviews and analyses for the department: compiles and evaluates operational data and cost histories; monitors and reviews billing activities, expenditures. and financial reports; conducts detailed cost analysis; makes recommendations to improve cost and operational effectiveness; and participates in budget development. Coordinates special projects for the department, including the planning.. design, implementation, and evaluation of moderate construction maintenance projects, management studies, introduction of new programs. and various professional services: assists in defining the scope of the project: identifies and recommends proper allocation of financial, material, and human resources committed to the project: formulates solutions and resolves problems; facilitates implementation of the project; and provides administrative support to the project as needed. Work at this level is usually relegated to coordination of the department's participation in major, county -wide projects, and serves in a secondary or subordinate role to the designated construction manager for large capital improvement projects. Oversees professional contractors and %or consultants providing services for projects: participates in the evaluation and selection of contractors /consultants; interfaces with and monitors the contractors consultants to ensure timely and quality completion of project: facilitates cooperation with the project throughout the organization; and provides information and support as needed. Assists the department managers with strategic and long -range planning for departmental operations: participates in planning efforts at the local and regional Icvel: keeps Director apprised of developments at the state and federal level hat impact the department: monitors pending legislation for impact on operations; oversee compliance with new legislation. Administers grants for various state and federally funded programs: compiles and submits grant applications: researches funding sources and program opportunities; assists departments with grant activities; monitors and ensures compliance with all requirements for awarded grants. © DMG- MAXIMUS, INC. Page 1 Last Revised: October, 2001 April 24 20(1' aoe 11 of ' Collier County. Florida • Operations Analyst 91004 Responds to complaints and questions related to county or department operations, activities, or other issues: responds to county manager and/or board of county commissioners inquiries or complaints as requested, provides information, researches problems, and initiates problem resolution; and works with supervisors and managers to ensure effective communication, coordination and cooperation across units. Represents the administrator, directors and department at various meetings, functions, and events: serves as a liaison to various civic or governmental organizations and committees, taskforces, boards, and commissions; confers regularly with officials from the state, authorities, and commissions; provides information about departmental operations; participates in discussions and decisions; and keeps the director apprised of activities. ADDITIONAL FUNCTIONS Performs other related duties as required. In the event of a declared state of emergency, employees in this classification may be called to work during days or hours other than those for which they are regularly scheduled. MINIMUM QUALIFICATIONS Bachelor's decree in PublictBusiness Administration. operations research, a field related to assigned operation, of equivalent technical experience and certification; supplemented by three vears of experience in area of assimmment or any equivalent combination of education. training. and experience which provides the requisite knovledge. skills, and abilities for this job. Understands governmental laws. regulations and policies. May be required to possess and maintain a valid Florida drivers license and or applicable technical certification. Fingerprinting may be required. The hiring of reclassification of employees into this classification is subject to review by the Director— IT PERFORMANCE APTITUDES Data Utilization: Requires the ability to evaluate, audit, deduce, and /or assess data using established criteria. Includes exercising discretion in determining actual or probable consequences and in referencing such evaluation to identify and select alternatives. Human Interaction: Requires the ability to apply principles of persuasion and %or influence over others in coordinating activities of a project, program, of designated area of responsibility. Equipment. Machinerv. Tools. and Materials Utilization: Requires the ability to operate, maneuver andior control the actions of equipment, machinery, tools, and /or materials used in performing essential functions. Verbal Aptitude: Requires the ability to utilize a wide variety of reference, descriptive, advisory and/or design data and information. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication, and division; the ability to calculate decimals and percentages; the ability to utilize principles of fractions: and the ability to interpret graphs. Functional Reasoning: Requires the ability to apply principles of rational systems, to interpret instructions famished in written, oral, diagrammatic, or schedule form; and to exercise independent judgment to adopt or modify methods and standards to meet variations in assigned objectives. Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in situations involving evaluation of information against measurable or verifiable criteria. © DMG- MAXIMUS, INC. Page 2 last Revised: October, 2001 b,-jtnd2 ',em N, ii = sPti' =4 2DS7 2ZIe 01 Collier Counti Florida • Operations Analyst 91004 Leadership: Requires demonstrated ability to guide the division business plan. represents the administrator, directors and department at various meetings; serves as a liaison to various committees, confers with the commissioners and managers office regularly; provides information about departmental operations, procedures and policies; and assist in staff training or mentoring as the situation may dictate. Customer Service: Requires the ability to recognize and promote support for internal and external customer needs; exercise judgment to resolve problems, issues and questions that arise; demonstrates an ability to be flexible and sensitive within govemmental policies and procedures to internal and external customer needs and concerns. Financial Accountability: Requires the ability to analysis various operational data: makes recommendations to improve cost and operational effectiveness; and participates in budget development when necessary. ADA COMPLIANCE Physical Ability: Tasks require the ability to exert li�,Iht physical effort in sedentary to light work, but which may involve some lifting. earn=ing. pushing andtor pulling of objects and materials of light weight (5 -10 pounds). Masks may involve extended periods of time at a keyboard or workstation. Sensory Reouirements: Some tasks require the abilip to perceive and discriminate sounds. visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors Essential functions are regulary performed v:ithout csposure to adverse em,ironmental conditions. howeversome field cork with exposure to minor environment conditionS may be a function of assignment. Collier Cowin is on Equal Oppornmin Emplos er. br compliance With the Americans n ith Disahilitics Act. the Comm x•dl provide reasonahle accommodations to qualified indii idual� mth disahiiirics and cncocoragea hoilt prospective and current emploreav to discays potential accnnmtodatiom rrith the cntploter. © DMG- MAXIMUS. INC. Page 3 Last Revised: October, 2001 "men 1a I;am No, ' - FUND: IMMOKALEE RF\ El_OPMEiNT (186) FY 05/06 FY 06/07 FY 06/07 FY 07/08 FY 07/08 FY 07/08 % Actual Adopted Forecast Current Expanded Total Budget Appropriation Unit Exp:/Rev Budget Exp /Rev Service Service Budget Change Personal Services 0 0 0 180,000 0 180,000 N/A Operating Expenses 61,367 301,800 307.300 357,000 0 357,000 18.3"/" Capital Outlav 0 400.000 0 318,000 0 318.000 - 20.50, Reserves 0 923.900 0 1.437,900 0 1,437,900 55.6'S6 Transfer (I 11) 85.700 85.700 85.700 0 0 0 - 100.0°% Total Appropriations 147.067 1.711.400 393,000 2,292900 0 °?92.900 34,0"0 Revenue: Transf. Gen. Fund (001) "Eransf. 406.700 655 900 655.900 710,800 0 710,800 8.4 "h MSTD Gen. Fund (II1) 84.700 147,900 147.900 160.200 0 160.200 Interest 33.870 4,500 34.500 4.500 0 4.500 0.01�il Carry forward 194_100 903300 972.300 1,417.600 0 1,417.600 56.9 0i6 Special Reimbursement 0 0 0 0 0 Revenue Reserve 0 (200) 0 (200) 0 0 (200) NiA 0.0 % Total Revenue 1.119,370 1,711,400 1,810,600 2,292.900 0 2.292.900 34.0% =.enda Item Nc 114B A_oril 24, 2067 Page 1 of 4 EXECUTIVE SUMMARY Immokalee Master Plan and Visioning Committee and Local Redevelopment Advisory Board request to the Collier County Redevelopment Agency to approve and forward to the Board of County Commissioners a request to cease enforcing certain zoning provisions in Immokalee for eighteen months or until the approval of the new master plan and land development codes, whichever comes first. (A companion item to 1 OB to be heard before I OB is discussed) OBJECTIVE: The purpose of this report is to request the Community Redevelopment Agency consider a recommendation of the Immokalee Local Redevelopment Advisory Board to have the Board of County Commissioners authorize an eighteen month relaxation of enforcement of the Collier County Land Development Code, outside of health and safety issues, in the Immokalce Urban Area, or until the approval of the new master plan and supporting land development code, or zoning overlay district, whichever comes first. CONSIDERATIONS: The attached March 21. . 2007. letter was submitted to the Board of County Commissioners by Fred N. Thomas, Jr. Chairman of the Immokalee Master Plan and Visioning Committee and Local Redevelopment Advisory Board, based upon action taken by these advisor }° boards during their March 21 regular meeting. Since late 2005 the Immuokalee Master Plan and Visioning Committee and Community Redevelopment Agency Advisory Board has been involved with the Immokalee Community and the planning consultant to update the Immokalee Area Master Plan and the Immokalee Overlay District of the Land Development Code. Progress has been made in this direction. However, according to members of the Immokalee Master Plan and Visioning Committee and the Local Redevelopment Advisory Board, recent attempts by local fumes to construct new buildings in Immokalee have been thwarted by the Land Development Code and its inappropriateness for use in Immokalee. FISCAL IMPACT: No fiscal impact has been identified. GROWTH MANAGEMENT IMPACT: Land Development Codes in Florida, adopted by local governmental agencies, must be consistent with the goals, objectives, and policies of the Growth Management Plan. Until the Growth Management Plan for the Immokalee Urban Area is amended, following the statutory protocol set forth in Chapter 163, Florida Statutes, the Land Development Code cannot be amended. It should be noted that proposed amendments will most likely be forthcoming for the Immokalee Area Master Plan, Future Land Use Element, Conservation and Coastal Management Element, and other affected elements. Subsequent to amendment of the Growth Management Plan, the Board of County Commissioners will consider amendments to the Land Development Code. With respect to the request for suspension of the enforcement of the Land Development Code, said request is contrary to the amendment parameters set forth in the GI "I; Florida Statutes, Florida Administrative Code, Growth Management Plan and Land Development Code. LEGAL CONSIDERATIONS: Until such time that the Growth Management Plan is amended in conformance with Florida Statutes and the Florida Administrative Code, there is not a legal basis for the Board of County Commissioners to relax the enforcement of the Land Development Code in the Immokalee Urban Area or elsewhere in Collier County. RECOMMENDATION: Staff recommends that this recommendation of the Immokalee Local Redevelopment Advisory Board to ease enforcement of certain zoning to be forwarded to the Board of County Commissioners for consideration. Prepared By: Thomas Greenwood, AICP, Principal Planner, Comprehensive Planning Prepared IM .,� I ,. COLLIER COUNTY Principal Pl.rrer t JAR[ Or _^.J11 "T5 COMMIE o1015BPr Item Number: '1 Item Summary: 11 t.. n be read o_ IF abut 1' 00 a f Immp <aree Master Plan and vlsonmg ComPmbensive Ptannmp Committee and Local ReoevelopmenLAdvrsory Board request to toe Co:iie' County Approved 13y '— eve:Opme "I hyeney t0 approve 5,,d tonvard to Ire 50am Of COOnIy COmmLSOae rR a FoQuesi M cease enfc,,e n, 1e1311 20nino provisn"s 1n mmaNalee tore gMtOfn MO,,, Or Comnmrrny Planning and uRtll the apvroval C( tde rtew ma ste; poo, and 13"0 develOpinenl COd., Iti1 telex 1Orne6 P.anoall J. Cahen first (A companion Item to 10G to be heard before 10G rs mscueoed) Meeting Date: 41242007 9 00.00AM Prepared IM T"amas G reonwoorl Principal Pl.rrer Df,. C m ma ano, D,,laopnt5 Environmental SONloeS ComPmbensive Ptannmp 4;12 2007 , 2F 07 PM Approved 13y Comnmrrny Planning and P.anoall J. Cahen Date Re6e1e1o11nenl Maraner .,o r.i nIry DCVelOpmente .pl 5ery .. Comvrcnenene Planninp J! 12'f017 2' n Pff Approved By n.r'J... n� .... .., 2 F '... :..1'. Approved 11, ,\pprrm ed It, Approved By _ .. , . I .a, Sn ..,, '-o c D.,a n', h'eviry Approved It, ... "munity Ueveroprmpt 8 Joseph Y,. G.,tm;" Servrans..annnc -entor Dere Gommam-) DevelapmmY, & _"'vlt DwaloOment S maf 5. .. rvor, Ill - :P113AM Apprtved It, OMBC.1don ,,r ArlminishsEVe Assistant Date G, orty Manaperb Oltice OGlom of Manzaornent a Budpet 4119.'20W 1:41 I'M .Approved By Mark isechs,, Budpet Anarysf i)ore Count} ManzaeYS Office 0`LCeol idanaoomen: S 3uayet 01]x2011-1 A' PM Approved By eame:. V. Mudd uaunty A1anoger Dm,' �oardo. _,tiny �cm nr:;SrOnm Za t, MonaBrfs C)ffine Ill,' 21,, March 21, 2007 Commissioner Coletta Chairman Board of County Commissioners Coliier County Naples. Florida Dear Commission_-- Coletta: On behaf of the community of lmmokalCe and as Cifair nan of the Master Plan and % "LSioai^£ cor—u-b tee, lregne5t that the county c..tslrie of health and,'afeCA Leas._ . cnf.:rcintz c-,-de and onm I E llla.'I 5 In In ll ol:alee fol v'k ei',' I .;l's or Linty hf 2;p �roval of the nsw ma-ster elan and suppo ing land development codes, whichever comes first. In light of the history of our community this makes sense and allows local people to properly maintain their property during this transitional period. The present codes and land use were first initiated in the early 70's. If the owner did not exceed a 51% of value improvement to the facilities on the property, they maintained their grandfather exemption. This is a major disincentive to upgrading facilities, especially if the upgrade will cost den -ity loss or loss of a specific use. Since the new master plan and the accompanying land development codes will reflect more of a central Florida character, which will allow us to more equally compete with our neighbors for new business and industry, many of the existing regulations will not apply and some of the existing grandfathering will be unnecessary. We, however. want the staff to continue their outstanding work on violations that are health and safety related. '7irith so many things happening around us over which we have no control, this relief will help our progressive businesses keep pace with our surrounding growth. We thank you in advance for your support. Sincrr:ar: Chaitrt:!� Ag=nr,a Item rdo. E;A1 April 24. 2K7 ,'age 1 of 6 EXECUTIVE SUMMARY Recommendation to adopt a resolution supporting a feasibility study for the proposed Heartland Parkway OBJECTIVE: Adoption of the attached Resolution supporting the feasibility study for the proposed Heartland Parkway. CONSIDERATIONS: The main line of the Heartland Parkway study corridor extends approximately 140 miles, from SR 82 east of Fort Myers to Interstate 4 in Central Florida, with a 12 -mile "spur" connecting to Polk Parkway near Lakeland. The main corridor would be located generally between U.S. 27 on the west and U.S. 17 on the east. Projects of this length are typically developed in useable segments, or phases. A logical first phase for the project would be a northern segment of the corridor, connecting SR 60 near Lakeland with Interstate 4. That segment would include the "spur" to Polk Parkway. By 2020, truck traffic in the state will double in volume and the number of tourists visiting Florida will increase by 50 percent. Florida's population is expected to grow from 18 million to 26 million by 2030, resulting in a large portion of the state highway system experiencing congestion beyond reasonable levels of service. New corridors are needed to help provide for the future movement of people, goods, and services throughout the state. The Heartland Parkway project could create a corridor suitable for interstate commerce through the South Central Rural Area of Critical Economic Concern and would also provide a safer inland evacuation alternative during emergencies. Florida's Turnpike Enterprise has completed preliminary studies to forecast traffic and revenue for the project and to estimate costs. Those studies indicated that revenues from tolls could support approximately 28 percent of the cost of a first - phase northern segment of the project and approximately 15 percent of the cost of the full - length corridor. The studies indicate that, while tolls can be part of an overall funding package for a Heartland Parkway project, it will also require other significant contributions. Those may include donated right -of -way, funding of some interchanges by private developers who would directly benefit from the access, and contributions from local governments. FDOT District One will advance a Project Development and Environment (PD &E) study to focus on the northern corridor segment as a possible first phase of the Heartland Parkway. The PD &E will refine engineering, environmental, and cost details to more comprehensively evaluate project feasibility. As project details are developed, continued coordination will be accomplished with all affected local governments, review and regulatory agencies, and private citizens, to measure and evaluate support for the project from all interested parties. 1 --:e n' 4 7 LEGAL CONSIDERATIONS: With respect to this Resolution, there is no legal consideration FISCAL IMPACT: There is no fiscal impact related to the approval of this Resolution. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution supporting the feasibility study for the proposed Heartland Parkway. Prepared by: Thomas Greenwood, AICP Principal Planner Comprehensive Planning Department 2 •199[9[• Project Description The main line of the Heartland Parkway study corridor extends approximately 140 miles, from SR 82 east of Fort Myers to Interstate 4 in Central Florida, with a 12 -mile "spur" connecting to Polk Parkway near Lakeland. The main corridor would be located generally between U.S. 27 on the west and U.S. 17 on the east. Projects of this length are typically developed in useable segments, or phases. A logical first phase for the project would be a northern segment of the corridor, connecting SR 60 near Lakeland with Interstate 4. That segment would include the "spur" to Polk Parkway. Transportation Benefit By 2020, truck traffic in the state will double in volume and the number of tourists visiting Florida will increase by 50 percent. Florida's population is expected to grow from 18 million to 26 million by 2030, resulting in a large portion of the state highway system experiencing congestion beyond reasonable levels of service. New corridors are needed to help provide for the future movement of people, goods, and services throughout the state. The Heartland Parkway project could create a corridor suitable for interstate commerce through the Heartland Rural Area of Critical Economic Concern and would also provide a safer inland evacuation alternative during emergencies. Local Support Coordination has been accomplished with local and state governments, elected and appointed officials, regional planning agencies, and business and civic groups in or near the corridor. Resolutions of support have been received from many of those entities. Current Status Florida's Turnpike Enterprise has completed preliminary studies to forecast traffic and revenue for the project and to estimate costs. Those studies indicated that revenues from tolls could support approximately 28 percent of the cost of a first -phase northern segment of the project and approximately 15 percent of the cost of the full - length corridor. The studies indicate that, while tolls can be part of an overall funding package for a Heartland Parkway project, it will also require other significant contributions. Those may include donated right -of -way, funding of some interchanges by private developers who would directly benefit from the access, and contributions from local governments. What Happens Next FDOT District One will advance a Project Development and Environment (PD &E) study to focus on the northern corridor segment as a possible first phase of the Heartland Parkway. The PD &E will refine engineering, environmental, and cost details to more comprehensively evaluate project feasibility. As project details are developed, continued coordination will be accomplished with all affected local governments, review and regulatory agencies, and private citizens, to measure and evaluate support for the project from all interested parties: Agenda Item No, 16A1 April 24. 200-' Pace 5 o G RESOLUTION NO 07- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SUPPORTING A FEASIBILITY STUDY FOR THE PROPOSED HEARTLAND PARKWAY WHEREAS, Florida's increasing population and growing number of tourists are congesting the State of Florida's highway system, with forecasts for truck traffic in the state to double by the year 2020 and tourist visits to increase by fifty percent (50 %); and WHEREAS, the proposed Heartland Parkway would provide a new north - south corridor extending approximately 140 miles, from State Route 82 east of Fort Myers to Interstate 4 in Central Florida, with a 12 -mile "spur' connecting Polk Parkway near Lakeland as outlined on Exhibit 1; and WHEREAS, the proposed Heartland Parkway would support economic development and diversification of Florida's South Central Rural Area of Critical Economic Concern, of which the Immokalee Urban Area and Immokalee Enterprise Zone is a part: and WHEREAS, eastern Collier County is experiencing additional urban development within the Immokalee Urban Area and within the surrounding Rural Land Stewardship Area which will require additional regional transportation access to support growth, and WHEREAS, on March 21, 2007, the Immokalee Local Redevelopment Advisory Board and Enterprise Zone Development Agency voted unanimously to recommend to the Collier County Board of County Commissioners its support for the Heartland Parkway Initiative and continuation of feasibility studies for the proposed Heartland Parkway. NOW, THEREFORE, be it resolved by the Collier County Board of Commissioners that it supports the feasibility study for the proposed Heartland Parkway Initiative. THIS RESOLUTION ADOPTED this day of , 2007, after a Motion, seconded, and majority vote favoring same. ATTEST: DWIGHT E. BROCK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA ,Deputy Clerk Approved as to form and legal sufficiency: Marjorie M. Student - Stirling Assistant County Attorney By: JAMES N. COLETTA, CHAIRMAN COLLIER COUNT)' W 4F?D D CODI:T` JU:f. L;'. ESiONEPS Item Number: Item Summary: rc.-,A, r„ _.,o e ..r a L., ,.µ_�� o- u r p nee ��a.. t1d 7' I'll . Meeting Dale: ],;Al2J0 3 CC ?u AM Prepared By Thomas Greenwootl Princmel Planner Date Communlry 9a". prtrent% P29 ?60]L66'06 AM enlal Servmes Comprehensive Approved By Monona Stmvan Enecutivo Secretnp. Oate ..ommumry Developnrent8 _pmmunlry D— r- o111-1en:8 2:07 PM rota' S-11, r,rutl Ser.,— 4dmin Approved Bp Judy F'ur, J.at a00pc ._ DAIe amm 1, v Dr:elppmcn: A ...ammo t _._lr r ten: S _ PM . _ ... 1 _ ,. 1 Approved Iq APp rcn rd B. Approved I3r Apprnred Bc umt1 Dry p,lent8 _a t'e..... m,. nta Apprnred Bp fj 9 1 t t ZT r. oG... .,....� �- f, a1ar,� - - - E E jhget 41 2 Approved Ity n-n l"cl" n G1-1- potnnvv,� �.ee if_. \ppnry rd Bc _.,,o csV INUtld ..ot ntY It one Je w,e Aaen6a ! _^ h!o 16^2 2007 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Via Veneto Lots 30 and 33 Replat". OBJECTIVE: To approve for recording the final plat of "Via Veneto Lots 30 and 33 Replat", a subdivision of lands located in Section 30, Township 50 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99- 199. CONSIDERATIONS: Engineering Review Staff has completed the review of the construction drawings, specifications, and final plat of "Via Veneto Lots 30 and 33 Replat". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. There are no required subdivision improvements associated with this plat. Engineering Services Department recommends that the final plat of "Via Veneto Lots 30 and 33 Replat" be approved for recording. FISCAL IMPACT: The County will realize revenues as follows: Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $1040.00 plat review fee GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAL /ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minirnurn area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. iI @f�i 41D 2 LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the plat and associated legal documents for legal sufficiency. RECOMMENDATION: That the Board of County Commissioners approve the final plat of "Via Veneto Lots 30 and 33 Replat" for recording. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department r` a� N � C �d N Q C N a Q Ny F� aEw� E ,�yP 4& I' dl y W O Z u� 44 II� ilol w F a -T CL L rW VJ 3 Z O a U Q oI Le sg gz _ we%u.@viris% -_4_• € g e N F eW ads � § M OtlW'NYI94N110'J C�? � m 5 � Y J F w€ . K sE�C Ma F 9 i t I l ag a IL CL L rW VJ 3 Z O a U Q oI Le COLLIER COUNTY Item Number: — -- ItemSUmmary: re_ � .. .gal. oaroc. r uve% h .. s.,.F memavcn lc avolr_ .. Fr .IS ,. :cpot Meeting Date: 4 JL HM Prepared By Jotn HouldswOrtM1 SeniOf Enyineer Jate ., mmull:y 6 Eno nServmes X10:2007 9a0'SB AM ienta: 5ees " rcm Approved By TYmmas E. K,Al, 6. =. CnE'o 7rmineering. ¢es D,,or Gate �ommunl!y Pevaloument Y. Semicea 2 1]0I20C 10, -,3 _ � enlal Sorv¢es CUS Enpineennp Approrcd 11, Manonc Stewart _.uutve SacrctnrY bate Appro.'rd By Apprn.,�n n. Approved B, Apprn,ed If. ... L,' v Ell - :_aerrie !te:r tv? 643 EXECUTIVE SUMMARY Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Castlewood at Imperial ". The roadway and drainage improvements will be privately maintained. OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Castlewood at Imperial" CONSIDERATIONS: 1. On July 20, 2004, the Board of County Commissioners granted preliminary acceptance of the roadway and drainage improvements in "Castlewood at Imperial ". 2. The roadway and drainage improvements will be maintained by the project's homeowners association. 3. The required improvements have been constructed in accordance with the Land Development Code. The Engineering Services Department has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by the Transportation Services Division. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. GROWTH MANAGEMENT IMPACT: There is no growth management impact. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the Resolution for legal sufficiency. RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway and drainage improvements in "Castlewood at Imperial" and release the maintenance security. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department -\ M 7 Q) G N ti C N m Q Z O w F r < w O G eM 9� 3e z� CL cQ L w VI Z F— Q U 0 J Q� K F- a 0 o. 0 i w J N V� ux ss3aaas �'" � amn swims • pp � = � � = H wws srrarrmrn 99 dp aY hd � a :sernmolxrsn : own rvwsasw) awn `_� m w F i °� p.„ mvuaxmvuroenn' � O U a End .re roa. n:l Ww fus i urn L� Y, "� AI aa �s �sa�n )nwl I Sw � I rim vol anrcoi 11IW3dA'nu ^u 'a q I CL cQ L w VI Z F— Q U 0 J Q� K F- a 0 o. 0 i w J N V� Benda Item No. ' 5 April RESOLUTION NO. 07- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN CASTLEWOOD AT IMPERIAL, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 39, PAGES 81 THROUGH 82; RELEASE OF THE MAINTENANCE SECURITY; AND ACCEPTANCE OF THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY AND DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE CASTLEWOOD AT IMPERIAL HOMEOWNERS' ASSOCIATION WHEREAS. the Board of County Commissioners of Collier County, Florida, on December 3.2002- approved the plat of Castlewood at Imperial 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 Count, Ordinance No. 0 4-41, as amendedc and P "HEP�..45, ine Dei-eloper is requesting fmal acceptance of the roadway and drainage improvements and release of iris maintenance security: and WHEREAS, the Engineering Services Section of the Development Services Department has inspected the roadway and drainage improvements. and is recommending acceptance oCsaid 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 Castlewood at Imperial , pursuant to the plat thereof recorded in Plat Book 39, pages 81 through 82 and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County, accept the future maintenance and other attendant costs for those roadway and drainage improvements that are not required to be maintained by the Castlewood at Imperial Homeowners' Association. This Resolution adopted after motion, second and majority vote favoring same, this day of . 2007. DATE: ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk Approved as to form and !eea! suCflci::ncc: Assist 'mt Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNT)'. FLORIDA JAMES COLETTA, CHAIRMAN or:a 112n Nc 1 Fa 1 G,i COLLIER COUNTY Eli RRD DF GDUNTI' 60MMISS IO N_FlS Item Number: Item Summary: I r_Uw,irsn _ ., rizrise ., r n;.,, n n -slA,, Srcoulea re,nr J a tin on111 r_ �1102rt1 t t .vtEU¢ fi in 3F,,, Dr tier r, D.O,a% privro, .i ntl dit, 0 : p : CIP9!`.1 f tt,f hnn'rin. .. t. .03: 1,ral 7h, 1an,r nI nalna0e rr,r len(5 WIII bo p,ftri, ire Olalnel Meeting Date: 4,'24/ ^_007 1 00 DO AM Prepared By Jobn HOwdsworth Senior Engineer Date Community Davelopnleot 8 Env Serroce, Engmu. irq Se,v."" 4'2(200] 9'.05'.90 AM into, Approved % fhomns E K-1, 2E. ODES Engln a mg Sernces Director Date .,amtn unity Devetopmem & entn'.Sei ODES Enpmaenng So,e— 4.'220079'. Oi eM Approved Bp R. fIL'�e SICV.fert _11rll,c:eC: v Pn15 .. D2�..O..InCrtP A,,,,,oel Bt Approved iiv rl .. _. Apprnv ed By , ntali Approved Bp 014E _loo olnmor Fltlmrtnshetive {�aisidnt D. D, nit,"r._ ")f.,, f t.'. .. b Butl ?el 4 '00 "'.3f. A4t Approved By 1,1dr1: :5xcNSOn 6unn4t {.n31y'St Jart• [ s O f,v Df, l 4 '',:20W A'45 qM Approved Ity Count, Mnnnper ,...¢ Srerd of "aunty ,goner. "' s Office 4 117? P.2 PIN agenda I!em No. 16A4 April 24. 2007 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Silver Lakes Phase Two -G" OBJECTIVE: To approve for recording the final plat of "Silver Lakes Phase Two -G ", a subdivision of lands located in Section 10, Township 51 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99 -199. CONSIDERATIONS: Engineering Review Staff has completed the review of the construction drawings, specifications, and final plat of "Silver Lakes Phase Two -G ". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. There are no required subdivision improvements associated with this plat. Engineering Services Department recommends that the final plat of "Silver Lakes Phase Two - G" be approved for recording. FISCAL IMPACT: The County will realize revenues as follows: Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $1,085.00 — plat review fee GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAUARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. __'G LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the plat and associated legal documents. RECOMMENDATION: That the Board of County Commissioners approve the final plat of "Silver Lakes Phase Two - G" for recording. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department � G S O y CV 6l �a @ `m a Q Z O w F t- 4 m O J 7 �- CL a w U3 rL Z O Q U O I H S < O O ¢ Tag I o s w 1 °g a�_ I ��" 3# _ ass vsl wrnnnoe �umoa � ga I CL a w U3 rL Z O Q U O COLLIER COOVTI D,M 1r1 SS I, irIS Item Number: Item Summary I. ,v iae t .. e f, .,e- [ill rJ . 31D11 a r nr 9 i'i I I a Meeting Date: 1_4 lu- _ _4 G5 =M 11 Prepared By Jonr nowdsworcn ser.., enpmeer Dare .. mu v Dcvclopmco� S � ^4m a inq $evices SF.:2007 1.02 :54 PM enSal Sernces Approved Bp rnomar E. e-1 . va CL-5 _ ,c s =ry=es D�w+<ror Dane ., <mi.��mN Devvmvo�om s cozy _nDmeenre ser „ee= arazoot + si pro Approved It, A'.otlene 5l ^wart - ..��.,vro Secre�my Dotr '20. 33e LN App rueed B. Appnn ed It. \ppnn ed Br Approved It\ 2 Approved By .. ., vst .a¢ Approved B, Ds,e Boaz �. _ �nrtry X X X U,genca Lim Nn. S5P.5 CONOMIC DEVHOPMENT COUNCIL of Collier County, Florida Economic Stimulus Program Recommendation Form for (Name of Business) Airtlyte Electronics urromic Stimulus Progmms: Broadband Infrastructure `.nvesimeril Past Track Percniltin,� Fee. Payment Assistan_e .lob Creation Property Tar. Stimulus Local Match for QTl 2. Coiiier County's company toeation: ❑ High Impact Area — west of 951 ❑ Easter Collier County - east of 951 X ImmoWee Enterprise Community ❑ Everglades City Enterprise Zone 3. Project qua#iiications: Number of current Collier County employees: 0 Ave. Wage: S or Number of new jobs resulting from project: 90 Avg. Wage: $ 34.000 Total retained and new jobs: 90 .Avg. Wage: S 34.000 4. Schedule of incentive funds requested (by Collier County fiscal year October - September): FY FY 5. Economic Impact Multipliers: NAILS Cc 335312 — Motor & Generator 1%4anufa;;turino SIC Coils: 3643 — Current ;arroine wring devices Earnings Multiplier: 1.5681 Emoioyment Multiplier: 1. 7310 Economic Development Council of Collier County Recommendation Prepared by: SusiWinchell " rint a e) i1 �1� ignature) u of 1 FY FY Total 3 -21-�)�- Date Approved: ���#Yt1.u+°. ✓ — 'D—U� Tammic Neme ;, President I ?atc ctiedwry November 2006 CoLL'tier Coos -cty Page 2 of 13 Client Approved ;K of jobs FY FY FY 07/08 06/09 09110 Job Creation Phase 1 50 $150,000 Phase 11 20 $60,000 Phase 111 20 $60,000 Fee Payment Assistance Property Tax Stimulus Program Broadband $8,333 $6,333 $8,333 Total $158,333 $68,333 $66,333 FY FY 5. Economic Impact Multipliers: NAILS Cc 335312 — Motor & Generator 1%4anufa;;turino SIC Coils: 3643 — Current ;arroine wring devices Earnings Multiplier: 1.5681 Emoioyment Multiplier: 1. 7310 Economic Development Council of Collier County Recommendation Prepared by: SusiWinchell " rint a e) i1 �1� ignature) u of 1 FY FY Total 3 -21-�)�- Date Approved: ���#Yt1.u+°. ✓ — 'D—U� Tammic Neme ;, President I ?atc ctiedwry November 2006 CoLL'tier Coos -cty Page 2 of 13 Client Approved COLLIER COUNTY ECONOMIC STIMULUS PROGRAM APPLICATION for Expanding or New Businesses to Eleotronios Co. Narne of Business Business Rc�tacffi4iran fraeel Bsyonne�ht.t Project Title (t -5 word desoripbon) R2,^26�CT — Date ECONOPAic DEVELOPMENT COUNCIL OF COLLIER COUNTY 3050 NORTH HORSESHOE DRIVE, SURE 120 NAPLES, FLORIDA 34104 (239) 263 -8989 • FAX (239) 263 -6021 www.eNapiesFiorida.com EDC official use: - - t ovation: LX Immokafee Enterprise CommunitY ❑ High Impact Area Eastern Collier County O Everglades City Enterprise Zone Etlz�tivz November 2006 Page 3 of 13 Client Appmveo _4--- ilnit alsj COSY COrLL'K'C.y naan;a It�rn Iva 1uF,5 Agri _'; °fb.�, P_ige 4 c: .5 Client Identification 1. a) Name of Business Unit: Airflyte Electronics Co. b) Mailing Address: Box 231,56 Hook Road, Bayonne, NJ 07002 c) Name of Parent Company (if applicable): N/A d) Primary business unit contact: Name: John Piret Title: President Company: Airflyte Electronics Co. Address: 56 Hook Road, Bayonne. NJ 07002 Phone: 201 -436 - 2230x11 Fax: 201-436-6024 Email: oiret56 @ao1.com e) Business unit's federal employer identification number: 22- 1527066 f) Business unit's Florida unemployment compensation identification number: N/A g) Business unit's Florida sales tax registration number: N/A _ h) Business unif s Collier County occupational license number, W16 i} List NAICS/SIC codes of all activities of the business unit: 335312 - Motor & Generator Manufacturing Target Industry: Manufacturing 2. a) Is the business unit minority owned: ❑ YES © No b) If YES, 3. Business unit's tax year (example: Jan. 1 - Dec. 31): Jan. 1 - Dec. 1 Project Information 4. a) Is the business unit (please choose one): ® a new business unit to Collier County ❑ an expansion of an existing Collier County business unit b) It an expansion, how many employees are currently working in the expanding business unit located in Collier County? NIA c) How many individuals are employed In ALL Florida locations? WA d) How many individuals are employed in ALL domestic and international locations? - 60 Etfs -uve NOVBnlber 2006 Page 4 of 13 Client Approved (inrtiala) Coen C'•aur,Ety ,,., -• .. . �nr; 5. Provide a full project description (to Include principal use and accessory) Relocate the Bayonne, NJ manufacturing operation to Florida (Drobably immokalee) less than 30% of the company will remain in NJ 6. Please check the box that best defines your project. Answer a) AND b), if applicable: a) ❑ Multl-state business enterprise b) ❑ Regional headquarters office ® Multi- national business enterprise ❑ National headquarters office ❑ Not applicable 11 International headquarters office ❑ Not applicable 7. Please estimate percentage of grass receipts or final sales resulting from this project that will be made outside of Collier County: 100 % outside of Florida: 98 % 8. Project employment and wages: a) Has the applicant ever participated in an EDC- assisted program? ❑ YES ® No If YES, how many new and retained jobs were included in that project? N/A b) Total number of net, new full -time equivalent Collier County jobs created by the project at the business unit indicated above: 90 c) Are any employees being transferred from another Florida location? i_i YES `I NO If YES, how many and from where? N/A e) Anticioetad annualized average wage (not including benefits) of the new to CoMer County jobs: created by the project at the business unit: S ;� 000 f) Annualized average wage for existing Collier County employees: $ N/A (The wage indicated shore wig be used in the certification, agreement, and claim evaluation proves. Cash pertormari a bonuses and other Cash payments to the employees, such as overtime, should be Included,) g) Annualized average value of benefits associated with each new job created by the project at the business unit: $4.000 h) If jobs are to be phased in, provide the date when each phase of employment will be fuiiv imDiemented: Phase Number of net, new full -time equivalent Collier County, jobs created In business unit Date by which those jobs will be created I s0 9130/07 11 20 9/30108 III 20 9/30109 TOTAL 90 fte'l,ve November 2006 Page 5 of 13 Client Approved _L�- . (initiaLs) Coo -- Coz s.rity f.De11da I?c7; IV O. 1'v \: fipril 24, 200' as S. of 9. a) Describe the capital investment in real and personal property: (examples: construction of new facility; remodeling of facility; upgrading, replacing or buying new equipment. Do not Include the value of land purchased for construction of a new building.) Build -out of new facility to accommodate business b) List the anticipated amount (within three (3) years) and type (purchase of machinery/equipment, construction of buildings, etc.) of major capital investment to be made by the applicant in connection with this Collier County project: Amount $ Land Amount $ $50 000 -$100 000 Construction /Renovations Amount $ $100.000- $200.000 Manufacturing Equipment Amount $ Other Equipment Total $ $150,000- $300,000 c) Estimated square feet of new or newly expanded facility: 22.000 sf _ 10. Anticipated date of beginning of construction for this project: existing building 11. Anticipated date project will be in operation: Summer 2007 _ 12. Site and Contractor Information: a) Folio Dumber: b) Project Street Addiress& Suite Number: 2206 Tradeaort Parkway. Immokalee FL 34142 c) Legal description: d) Type of Project (check all that apply): ❑ Rezone Permit X Tenant Improvement ❑ Other ❑ Plat ❑ SDP ❑ Building e) Located on Brownfield Site or in a Brownfield Area? ❑ YES ® No Q Will project be locating or expanding In an Enterprise Zone? BYES r7 NO If YES, which Zone: T Immokalee ❑ Everglades City g) Owner/Developer Name: Training & Manufacturing Institute, Robert Juster Phone: 239/455-2138 Email: Fax: Ebe the November 2006 C'�oer C'..ouvcty Page 6 0+ 13 Client Approved _ (mtlials) h) Architectural Firm: Contact: Email; Fax: 1) Engineering Firm: N/A Contact: Phone: Email: Fax: Contractor: Contact: Phone: Email: Fax; k) Other: (i.e. Attorney, Land Planner) N/A Contact: Phone: Email: Fax: Effective Novembsr 2006 I — ?<Z—� se ---r Page 7 of 13 Gaeol Appmm! (nibMS) MW 7 Project iml?act Information 13. What role will the incentive(s) play, including the Fast Track Regulatory Process Program, in the decision of the applicant to locate or expand in Collier County? If there are other states /communities competing for this project, please list which statealcommunities and what incentives are being offered by those states/communities. (minimum of 1,000 words) Airflyte is currently In a high tax, business unfriendly state (NJ) and are trying to compete with companies that have offshore operations in addition to their bases In the U.S. In addition, it is also a union shop (UAW.) It is vital to our survival to move to a business- friendly environment with eager workers that want to seam. The award of the Jobs Creation Investment Program will provide the financial means necessary to offset the high development costs for the Immokales area. The EDC Fast Track program will help me to become operational much faster, getting the facility functional more quickly is essential to the growing demand of the business. In addition, the project is located in the South Central Rural Area of Critical Economic Concern (RACEC) and a Florida Rural Enterprise Zone. The purpose of these designations is to facilitate and provide incentives for the retention and expansion of existing businesses in the area as well as the recruitment of new businesses to the area. 14, a) Provide a brief review of the applicant's past activities in Collier County and In other states, particularly as they relate to environmental and growth management Impacts and how these have been handfed. (Basically, what kind of corporate citizen has the applicant been ?) As a member In good standing of the business community for over 50 years in Hudson County, NJ, Airflyte is proud to support the community by participating in local business organizations such as the Chamber of Commerce. We have received several small business awards from local organizations. Airflyte has also received awards from Hudson County for our eff orts in preserving the environment through our clean waste water program. Effective November 2006 CoLL�er' CiOKHt�• Page of 13 Cllont Approved _.___.... (InH181S) MW b) Describe any criminal or civil fines, or penalties, and any awards. If there are none, please make this statement below. WA c) 1 agree to allow the Economic Development Council of Collier County perform a Company and/or Personal Background Check. ® YES ❑ NO You may request that your project information (including the information contained in this application) be confidential per F.S. 298.1575, Confidentiality of Records. x YES, we Request Confidentiality ISO, we do not Request Confidentiality Eifectve November 20D5 Page 8 of 13 C�OL[7e "Y C�- 07A.Hty i� Chcrrt Approved lY- (inNjals) MW Application Completed By: J 04,? J piety -r (Print or Type Name) (Print or Type Title) I(?6=i2'1>^ 5t' ECrn D(X4 (C�) (Phone Number) (Fax Number) (E -mail Address) (Date) (Contact Person, it different) (E -mail Address, if different) (Address, if different) (Phone Number, if different) EHechve November 2006 p;Gel'1::2 I:e Fii N.C. 0A5 4 nrl 2Z 2r)i)7 Page 10 of To the best of my knowledge, the information included in this application is accurate. (Pi qf,5 ( Print or Type Title of Authorized Officer) AIR) =L'I 5: i �74Z12 p — I (Company) Page 10 of 13 2n /- 4°,^ -2z3✓ x (Phone Number) (Fax Number) (E -mail Address) �Eb 2-c-? (Date) Chan Approve ' (inibaL^) EMMOW COLLIER COLNTI' Item Number: Item Summary: '1 rpm , P t,.. l i,vr met ,.[ &eaC ti _ _, e ¢rorn3 Meeting Date: 4.'21 JP:.- 5 05.02 ,M Prepared By Denton Baker Financial Admin S H,, my Dna Ol- Dale cemmana' Daaempmem a Enalronmentel 5ervlces financial Admm. a Housing 415120011. M'.0 PM '.1' P., Gpereao.rs AUe.rst U,m Commanny Gevelopmenta .,ommundy Development& Enmronrm -hI 5ervlces Envnonlelm,l 5orvices gnmm. 41912001311 PM Approved By Manen, Ste -1. E— UtieCS -rctap Date Conlrn.ele Develoumom 8 C., —le, � Devewnmem 6 200- 1f FFt App raved 11, Appnncd By App rnvrd li. Allpramd 11, 'G» :aY Mo i. ro _ 9e __ ... Approved By naen a Item ivo. 16A5 2DGj Pane of ELECTRONICS COMPANY 56 NEIN HOOK ROAD. P0. BOX 23i- BAYONNE NEW JERSEY 07002 Tel .70'- '36 22K - Fax 201- 436 -6024 • wwn� airtlyfeelectionics com EDC 3050 North Horseshoe Drive, Suite 120 Naples, Florida 34104 Att: Susi Winchell, Diversification Manager Re: Airflyte Electronics -- Immokalee Dear Ms. VJincheli, I look forward to the April 24a` meeting and a favorable determination by your Board. We are on a tight schedule because our building in New Jersey has been sold and finalizing the decision to move to lmmokalee is certainly the easiest path at this time. However it does not make sense to move to Immol glee without EDC benefits. We have included a contingency statement to that effect in the proposed lease agreement with the owners at 2050 Commerce .venue. There are comparable opportunities avaiiabie to us in Southwes Florida which I am obligated to consider if the EDC. 1=okaiee benefits 2 :, not included in the package. I apps. ciate your eabrts on behalf of the EDC and to ^,I. forward to a continuing relation -s-hip vr;th Collier County. Very truly yours, John J. Piret' President 4p'il 20t EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE THE APPLICATION FOR THE JOB CREATION INVESTMENT PROGRAM AND THE ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT BY AIRFLYTE ELECTRONICS. OBJECTIVE: That the Board of County Commissioners (BCC) approve the application by Airflyte Electronics for the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment Program. CONSIDERATIONS: On November 18, 2003, the Board of County Commissioners adopted Ordinance No. 2003 -59. which is Code of Laws and Ordinances Chapter 49, Article V, establishing the Advanced Broadband Infrastructure Investment Program, Ordinance No. 2003 -60, which is Code of Laws and Ordinances Chapter 49, Article III. and establishing the Job Creation Investment Program. These programs are available to targeted high -waLe companies that desire to relocate or expand within specified areas of Collier County and are desi,med to reduce the economic effects of increased development fees as well as relocation and or expansion costs. The Programs have specific eligibility requirements including the number of full -time jobs to be created and retained, the average "a ,-,e of the jobs. timing of the jobs being in place and the type of ibusiness being proposed. On A9arch 21. 2007, Airflyte Electronics, Inc. (AEI) submitted an application to be considered for the .lob Creation Investment Pro,raun and the Advanced Broadband Infrastructure Investment Program. The project involves the relocation from Bayonne, NJ, of an "International Headquarters Office" with facilities for the design and manufacture of slip ring assemblies. Airflyte Electronics was established 50 years ago in New Jersey and is a leading manufacturer of precision slip ring assemblies for use in commercial, industrial, and military applications. A slip ring is an electromechanical device that allows the transmission of power and electrical signals from a stationary to a rotating structure. This device is also called a rotary electrical joint, collector or electric swivel and is used in any electromechanical system that requires unrestrained, intermittent or continuous rotation while transmitting power and /or data. It can improve mechanical performance, simplify system operation and eliminate damage -prone wires dangling from movable joints. AEI proposes to create ninety (90) new jobs in Collier County, in three phases, by September 30, 2009, at an average wage of 534.000, which is 80% over the stated qualifying average wage criteria for projects located in the Enterprise Zone Community of Immokalee. Based upon the above commitments. AEI is eligible for 8270.000 in Collier County Job Creation Investment Program funds to be paid over three consecutive years following creation of the jobs. The jobs to be created and their annual wages are categorized as follows: F.aencz Itam No. 16t:; carp � ')�f 7 Job Category Number of Jobs Salary Range Management 4 $80,000 - $200,000 Supervisory/Engineering 10 $40,000- $90,000 Clerical 8 $18,000- $40,000 Production 68 $17,000 - $40,000 The company is also proposing an initial capital investment of approximately $50,000- $100,000 for the facility including land. Building and equipment is estimated to cost $100,0004200.000. AEI has also requested to participate in the Advanced Broadband Infrastructure Investment Program. The program is available to local companies either constructing a new buildin" or renovating an existing non - residential building and upgrading it to be a -smart building ". facilitating the installation of advanced broadband technology. The applicant has requested 525,000 of incentive funds, to be paid in equal amounts of no more than $8.400 per near, over three years. Following the installation of the system. the participating compan} may request the first of the authorized incentive payments. Staff will prepare the .lob Creation Investment Program Agreement and the Advanced Broadband Infrastructure Investment Program Agreement, and each will be reviewed by the County Attorney's Office for legal sufficiency. The approved agreements will be signed by a designee from AEI and by the County Manager on behalf of Collier County and will be recorded in the Official Records of Collier County. AEI meets all of the Advanced Broadband Infrastructure Investment Program requirements set forth by Ordinance No. 2003 -59 in Code of Laws and Ordinances Chapter 49, Article V and the Job Creation Investment Program requirements set forth by Ordinance No. 2003 -60 in Code of Laws and Ordinances Chapter 49, Article III as a Targeted Industry expanding within Collier County. Therefore, approval of this application will help to promote the creation of jobs in Collier County. FISCAL IMPACT: Job Creation: The applicant has requested $270,000 of Job Creation Investment incentive funds, to be paid over three years at the rate of $3.000 per newly created job, to be implemented in three phases ending September 30 2007, 2008, and 2009. Following creation of the specified jobs, the Company may submit a Request for Funds to the County Manager to be paid at the beginning of the County's fiscal year following the date that the newly created jobs are verified to be in place. General Fund revenue was specifically budgeted for the adopted economic incentives, and thereby funds the .lob Creation Investment Program. 7e11 na l"am IJo. 5E ?. Broadband Infrastructure: The applicant has requested 525,000 of incentive funds, to be paid in equal amounts of no more than 58,400 per year over three years. Following the installation of the system, the participating company may request the first of the authorized incentive payments. The company must submit copies of the invoices detailing the cost of the installation along with the request. Additionally, the participating company must pay their annual ad valorem property taxes to the County, in full, prior to a request for payment. The approval of this application does not obligate the BCC for payments. Any award to be paid is dependent upon funding availability. The Operations Support Department within CDES has responsibility for job verification as well as monitoring program compliance. The initial capital investment related to this project is estimated to be S150.000-S300,000. In addition, the creation of the ninety (90) new jobs generates a local payroll of approximately 53.1 million annually with a total economic impact to the community of approximately S3? million. GROR'TH MANAGEMENT IMPACT: This application is consistent with the Economic Element of the Growth Management Plan. specifically Objective 1.3 that states: "Collier County vgill support programs which are designed to promote and encourage the recruitment of neN� industry as well as the expansion and retention of existing industries in order to diversify the County's economic base." LEGAL CONSIDERATIONS: The AEI project meets all of the Advanced Broadband Infrastructure Investment Program requirements set forth by Ordinance No. 2003 -59 in Code of Laws and Ordinances Chapter 49, Article V and the Job Creation Investment Program requirements set forth by Ordinance No. 2003 -60 in Code of Laws and Ordinances Chapter 49, Article Ill, as a Targeted Industry expanding within Collier County. RECOMMENDATION: That the BCC approve the application by Airflyte Electronics. Inc. for the .lob Creation Investment Program and the Advanced Broadband Infrastructure Investment Program. Prepared by: Denton Baker, Director, CDES F'P�iC ✓! EXECUTIVE SUMMARY Recommendation to reject Bid No. 06.4050 for demolition of commercial /residential structures OBJECTIVE: That the Board of County Commissioners, Ex- Officio, the Governing Board of the Collier County Code Enforcement Department, reject Bid No. 06 -4050 for demolition of commercial /residential structures and authorize Staff to reissue a modified bid and request that the Board of County Commissioners waive the threshold for formal competition, so that staff can obtain quotes for demolition projects until the new contract is awarded. CONSIDERATIONS: The Code Enforcement Department is responsible for the enforcement of the Collier County Land Development Code as well as numerous stand alone Ordinances within unincorporated Collier County. Several Ordinances grant authority to the Code Enforcement Department to abate nuisances when the property owner fails to do so after legal notice. Bid No. 06 -4050 was issued on August 30, 2006 soliciting contractors for the demolition of commercial and residential structures and four bids were received. Subsequent to opening the bids, staff determined that the bidders were providing quotes with differing square footage values and therefore non- comparable quote prices. Staff recommends reformatting the bid invitation and reissuing the solicitation. FISCAL IMPACT: The approval of this Executive Summary will allow the waiver of the $50,000 threshold for formal competition until an alternate contract can be awarded. GROWTH MANAGEMENT IMPACT: There is no growth management impact in approving this Executive Summary. LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and has no outstanding legal considerations. RECOMMENDATION: That the Board of County Commissioners, Ex- Officio, the Governing Board of the Collier County Code Enforcement Department, 1) reject Bid No. 06 -4050 for demolition of commercial /residential structures, 2) waive the $50,000 threshold for formal competition, so that staff can obtain quotes for demolition projects until the new bid is awarded, and 3) authorize Staff to reissue a modified bid. PREPARED BY: Travis Snoderly, Code Enforcement Operations Manager COLLIER COUNTI' pGARO OF C'JDNTY G:>MMISS�ONEP.E Item Number: Item Summary tie om . . anoc Io i d fJO o6 4J 'tordemcM1e n_.oa n:,al Mali Dale: 424,20G' 1 -CAM Prepared By Michelle Edwards Arnod Code Enforcement Director Date C- mmunlly Development & Core Enforcement 411212001 E.24[04 PM Em ref AppruvulBy MeA, lie Edwarns Arnold Codn Enfocemen' D.,,,cr Dic" ..nmrwmty Dsaelapmeot E Env coral Services Cndo Ent ofcem.or 401 02007 10'. 26 AM Approved By 6rema houroft FurrIli Agent Dme Admimsnatrve £erdz ^_s rrirlha1,11 4113 :200'1C.3C AM Appn'. cd Itv I e a.ttaY �, v ✓e ap Satr - 1nnvtL w r. I e �,....mr.... a V 1161 ;'1 Approved Br Approved If, Apps, ud B, "Ir .. ... ,, Aar:vr. Approved By Co,nmun", IJevcino', R _oso0bK 5cGmu! Dale Envuoum_n.o...ca_ts AC:ais.rntor mN Devd S ...L, o, O-,r.crr-,, S U "21. -10 _ n.. sHUmia Approved R. OWE L., Admlmerralivo ASSls:anf Gate County Ma..gels Olt,, O %me of Management 6 pudget 4n31200''. 44 pM Approved By hLCnaol Sonnon,'in Mannge11eol &6uogot Dnecwr Duto mp. Mnnro", Ofn.'.✓ O'tce of Nmwgemenl Z pud,et ». i_1Z00] L_ nM Approved Br James% %, ,,, ..Aunt ro'nanm Date . 0.r- -1 �, 'n' r. l o- r 4'18 1 45 Hg Aida liem No 16A7 ril 24. _X)i Paar c` 9 EXECUTIVE SUMMARY Recommendation to accept the Special Magistrate's decision on the mediation proceedings for Case 06- CEB- 00055: Jerry & Kimberlea Blocker v. BCC OBJECTIVE: That the Board of County Commissioners concur and support the findings of the Special Magistrate in the Mediation proceedings for Case 06 -CEB- 00055: Jerry & Kimberlea Blacker v. Board of County Commissioners. CONSIDERATIONS: A Case for illegal land use violations was presented to the Code Enforcement Board on April 27, 2006. The property owner has a residential mobile home park in an Industrially zoned area. After testimony and evidence the Code Board found a violation existed and ordered the Respondents, Jerry and Kimberlea Blacker to comply with local codes by either removing the illegal use or by rezoning the property to an appropriate district that provides for mobile home park use. The Code Enforcement Board granted until May 12, 2007 to comply with the order. The Respondent, through counsel representation, filed for a non - binding mediation under Florida Statutes § 70.51 stating the decision of the Code Enforcement Board was unreasonable and unfairly burdened the Blacker "s property. A mediation session was conducted on March 8, 2007 with the Special Magistrate rendering his opinion on March 23, 2007 in favor of the Code Enforcement Board's Order and found that the enforcement action was not unreasonable and did not unfairly burden the Respondent's property. Summary of F.S. 70 -51 Procedures — Bert Harris Act: Special Master relief is available to any owner who believes that a development order or an enforcement action is unreasonable or unfairly burdens the use of his real property [§70.51(3), Fla. Stat. Florida Statutes §70.001(e) "inordinately burdened" means that an action restricted or limited the use of real property such that the owner is permanently unable to attain the reasonable investment -back expectation for the existing use of the property or that the property owner is left with existing uses that are unreasonable such that the property owner bears permanently a disproportionate share of a burden imposed for the good of the public, which in fairness should be borne by the public at large. It does not include temporary impacts to real property; or impacts occasioned by governmental abatement, prohibition, prevention, or remediation of a public nuisance at common law or a noxious use of private property. When an owner initiates a Special Magistrate proceeding, the time for seeking judicial review is tolled [ §70.51(10)(a), Fla. Stat.. The purpose of the hearing is to focus attention on the impact of the government action that gave rise to the owner's request for relief and to explore alternatives to the enforcement action in order to recommend relief to the owner [ §70.5](17), Fla. Stat.. To this end, the Special Magistrate's first responsibility is to act as a mediator to facilitate a resolution to the end that a compromise between the parties can be reached [ §70.51 (17)(0), Fla. Stat. . If the Special Magistrate cannot mediate a solution, he must make a determination as to whether the government's actions are unreasonable or unfairly burden the property. In making this determination, the Special Magistrate must consider the facts and circumstances set forth in the request for relief and any responses and other information produced at the hearing, including testimony from any nonparty witnesses f §70.51 (I 7)(b), Fla. Stat.l. ACi'll 24, =JC,7 °ace -- of 9 If the Special Magistrate finds that the action is not unreasonable or does not unfairly burden the use of the owner's property, he must recommend that the order or enforcement action remain undisturbed. The proceeding will end, but the owner will retain any other available remedies [ §70.51(19)(a), Fla. Stat. . If the Special Magistrate finds that the government action is unreasonable or unfairly burdens use of the owner's property, he may recommend one or more alternatives that protects the public interest served by the development order or enforcement action but allow for reduced restraints on the use of the property. The alternatives may include, but are not limited to the following [ §70.51(19)(b), Fla. Start.: 1. Adjusting land development or permit standards or other provisions that control land use or development. 2. Increasing or modifying the density, intensity, or use of development areas. 3. Transferring development rights. A. Swapping or exchanging land. 5. Making payments in lieu of onsite mitigation, or other forms of mitigation. b. Locating development on the least sensitive portion of the property. 7. Imposing conditions on the permissible amount of development or use. 8. Requiring that issues be addressed on a more comprehensive basis than a single proposed use or development. 9. Issuing the development order, variance, special exception, or other extraordinary relief, including withdrawing the enforcement action. 10. Having an appropriate governmental entity purchase the property or an interest in the property. Within 45 days after receiving the recommendation, each governmental entity involved in the proceeding must accept or modify it and proceed to implement it by development agreement, or reject it. Failure to act within 45 days constitutes a reiection [ §70.51(21), Fla. Stat. . If the governmental entity rejects the special magistrate's recommendation, or if it accepts or modifies it but the owner rejects the acceptance or modification, the entity must issue a written decision within 30 days that specifically describes the available use or uses for the subject property [ §70.51(22), Fla. Stat.. Once this is done, the owner may seek judicial relief that was available at the time the original decision to approve the development order or enforcement action. Conclusion Based on the Special Magistrate's findings (attached to this summary), the Board of County Commissioner may accept the recommendations and provide a written decision within 30 days that describes as specifically as possible the use or uses available to the subject real property. FISCAL IMPACT: There is no fiscal impact in the approval of this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no growth management impact in approving this Executive Summary. Heirn i. LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and has no outstanding legal considerations. RECOMMENDATION: That the Board of County Commissioners accept the findings of the Special Magistrate in the Mediation proceedings for Case 06-CEB- 00055: Jerry & Kimberlea Blacker V. Board of County Commissioners. PREPARED BY: Michelle Edwards Arnold, Code Enforcement Department Director .. 1.rr t, ,1O' COLLIER COUNTY HGAED CF C0tlDT1 CDM ML510 PEPS Item Number: 1c, Item Summary tae J, TO tr m a cc cpl the Specl a W ad _t' ,c S de is r th, ",d V'o deed FicA 1p: Geae 1, CEE -00'153 Jerry and K,rc eee 611cvery PO', Meeting Date: 424:200- 0 0 ?DG /, M Prepared By Michelle Edwards Arnold Carl Enforcement connector Date Comnwnity Davvlapment & Code Enf orcement e 41121200991 P56 AM Envoonm anvnl 5—oll April Br Coor n pint, Planning and in —chit J. Cohen Date Feaevobpment Manapar Community Dove lapment 8 ..omprehnslvo Planning 41121'200]:.9 PM Env:ron:nontal5ervices Approved By rco'nelw Eowa's, Arnold Code Enrorce:naot DO. rtor Dare ..ommuniry Devukrpmun: & Cnde Enorcement a,^.Ymc' 6 -es PM Approved 11, I, _.—r_ _-cl 1rIT 1 c .. 6 App raved It. App raved 11, 1,A,I ... in, ..1 " _ it Approved Itv �..mm w.iN CcvuloPmen'. A aosepn K. SCI1min Dam _ nu,o nn v r,.: 1,r.mc s Admin5l,lc, ..ommuolo Dev<I ap molo _-oo,nrjmry L'A'W prnont& "LoonlIctal 5.rnae1 _ -.11-1,11tol .. vi ee 4drn:n. Approved By owls coominamr 4amtme:raoea ASeanac Date Ma - -0'hce V ,M -& Loolle, 4''520'. -aFAV Approved By rd:cnnal Sml I, anagement & Buds^' Dl,Ic r Date ., unp• t)Ahl ofr A- of Manasenten9 & Bory -o nica?rre 4 51PM Approved By James V_Eton Opunry Manager Date board c; Gounry .,ountg rAanage %s Jffice 3.4 T,2tt6'S:4S Pr✓ JERRY & KIMBERLEA BLOCKER is Requestors 22 P Re: Collier County Code Enforcement Board Case Nos: 2006-16,2006-17 2006 -18 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Governmental Entity RECOMMENDATION OF SPECIAL MAGISTRATE Procedural Background This matter came before the undersigned as Special Magistrate on the 8th day of March, 2007. Requestors sought relief of certain enforcement actions taken by the Collier County Code Enforcement Board in case No. 2006 -16, 2006 -17, and 2006 -18. These were three identical enforcement actions relating to the use of three adjoining properties as a Mobile Home Park. At present, the zoning classification of the property does not permit use as a Mobile Home Park, and • in addition the park, as presently configured, would not comply with present development standards for a Mobile Home Park. The enforcement action requires either demolition of the • Mobile Home Park, or alternatively that the owner seek a rezoning of the property, and if successful in obtaining that rezoning, submission of an SDP /SIP, obtaining approval of same, and compliance with the terms thereof. Because a rezoning of the subject property would require an amendment to the Collier County comprehensive plan to alter the land use plan element thereof as to Immokalee, the time frames set forth in the enforcement action for the rezoning and SDP /SIP process are insufficient to make this a meaningful alternative such that the enforcement action in effect requires demolition of the Mobile Home Park. Requestors believe this is unreasonable, or unfairly burdens the use of the owner's real property within the meaning of FS 70.51 et. seq., and seeks relief under the provisions of that statute. Attempts were made at the hearing to facilitate a resolution of the conflict between the owner and governmental entities involved, but no such resolution could be reached. Page 1 of 5 l- .oe71-a iT, -mM Discussion • Although acknowledging that the present zoning designation for the subject property does not permit use as a Mobile Home Park, Requestors believe the enforcement action is unreasonable or unfairly burdens the owners use of the subject property on several grounds, which can be categorized as follows. a) " Owner's use of the property as a Mobile Home Park is grandfathered in by the terms of the Zoning Regulations for the Immokalee Area Zoning District, Collier County, Florida, as enacted in 1970. Although contested by the County, Requestors believe that the hierarchal structure of the zoning ordinances up to 1970 would have allowed use of the property as a Mobile Home Park. The aforementioned Regulations do in fact provide for the continuation of non- conforming uses of land, non - conforming structures, and non - conforming uses of structures and premises. By its terms, those provisions are intended to allow a continuance of those non- conformities as they existed at that time, but not to encourage their survival. Assuming arguendo that the 1970 zoning regulations were the first that would have caused use of the subject property to be non - conforming, as of that date this Mobile Home Park had at most between 10 -15 dwelling structures. As of this date, there are over 30 structures, which is at least double that which existed as of that date. Section 7.2 and 7.4 of the Regulations specifically prohibit extension or enlargement of the non -confirming use. Further, Section 7.6 prohibits any structure devoted to a use not permitted to be enlarged, extended, constructed, reconstructed, or moved. Section 7.7 is even more restrictive, prohibiting any repairs or maintenance within a 12 month period exceeding 10% of the value of the building. It is clear that taken as a whole, the Park as presently configured does not represent the status quo as of 1970, and in light of the nature of the structures on the property, it would be impossible to determine if any single component of the property continues to exist in its 1970 location in an unenlarged, unextended, unreconstructed state, let alone without the need for substantial repairs in the last 37 years. Finally, the last paragraph of Section 7.9, which specifically references mobile homes, requires discontinuance of a non - conforming use within 1 year. (Although the first paragraph of Section 7.9 excepts residential use, the last paragraph of that section specifically references mobile homes). Page 2 of 5 - .1.am. Nc,. 7 ;rli 2 ?OC' ace 01 • b) The County's adoption of the Immokalee Initiative and the Nonconforming Mobile Home Park Overlay Subdistrict further evidences the County's intent that non- conforming Mobile Home Parks be allowed to continue in that use, such that Requestor must be afforded a meaninglul opportunity after entry of an Order of the Code Enforcement Board to alter the zoning, and if needed the comprehensive plan, prior to enforcement of existing zoning requirements. The Immokalee Initiative and the provisions relating to the Nonconforming Mobile Home Park Overlay Subdistrict require the submission of a site improvement plan (SIP) "by January 9, 2003 or thereafter within the time frame set forth in an order of the Code Enforcement Board finding a violation of this section... ". The owner did not submit an SIP by January 9, 2003. Requestors argue that because the above cited language allows an order of the Code Enforcement Board to provide for a later submission date, that it is required to do so. Such a construction, however, would render the January 9, 2003 deadline meaningless. I find that although this provision allows the Code Enforcement Board to extend the filing deadline for an SIP (and in fact further grants Collier County the ability to extend the deadline by Settlement • Agreement with the owner) it does not mandate that it do so. c) The County should not be allowed to pursue its enforcement action based on the L -� doctrine ofLaches. Inherent in the doctrine of lathes is the concept that the delay of a party in enforcing its rights has caused a the party against whom that right is sought to be enforced to alter their position, and that the party against whom enforcement is sought has been prejudiced by that delay. In this instance, the owners obtained title to the property in 2002, at a time at which they knew or should have known that the use of this property was subject to significant scrutiny and that they should seek relief from a prohibition against nonconforming use by the use of the SIP application process. They failed to do so. There was no evidence presented that the owner incurred any significant expenses relating to the property subsequent to 2003 as a result of their reliance of the County's failure to pursue enforcement of the non - conforming use, and in fact they appear to have benefited from that non enforcement as a result of their being able to obtain rental income for the past several years that they would otherwise not have been able to obtain. In the absence of a showing that the owner has been prejudiced by the County waiting until 2006 Page 3 of 5 A.,ri! 24 2D67 to enforce regulations that it could have enforced in 2003, laches would not indicate the present enforcement action is unreasonable or places an undue burden on the property. d) As a matter offundamental fairness, the County should permit sufficient time for the Owner to either wait and see if the Comprehensive Plan will be amended in a fashion as to allow a rezoning of the subject property, or in the alternative time for the Owner to itself seek such an amendment to the Comprehensive Plan. The reality is that there is no certainty that the land use designation under the comprehensive plan will ever be altered to a designation that would permit rezoning this property to a Mobile Home Park, let alone when that amendment will take place. In addition, to the extent that it would be permissible to look to what are in effect "workshop" indications of a proposed change, those indications are at best that this property would have a land use designation that would not automatically preclude rezoning as a matter of law. Based upon the use of surrounding properties, the idea that this property would be rezoned to allow for use as a Mobile Home Park is highly speculative at best (and realistically doubtful). Furthermore, although the time frames set forth in the Code Enforcement Orders are insufficient to obtain the required amendments to the comprehensive plan, the owners have already had over 4 years to seek such an amendment yet have failed to take any steps to do so. I find the proposition that fairness requires that the County delay enforcement of its existing rules and regulations based on a possible change to the land use designation which is uncertain as to both substance and timing, and which under the best of circumstances creates a highly speculative chance of providing relief to the owner, to be without merit. Conclusion The threshold determination to be made by the Special Magistrate is whether the enforcement action is unreasonable or unfairly burdens the use of the owner's property. Unless that determination is reached, there is no basis or authority for the Special Magistrate to substitute his or her judgment for that of the governmental body as to alternative methods to try to achieve the public interest served by the enforcement action, or to determine whether there are less restrictive methods of achieving that public interest than those which have been imposed. In this case, I am unable to conclude that the actions of the Code Enforcement Board were unreasonable or unfairly burden the use of the owner's property, particularly in light of the opportunities which the owner had prior to this enforcement action being commenced (the Page 4 of 5 0 Immokalee Initiative and the provisions relating to the Nonconforming Mobile Home Park Overlay Subdistrict) to obtain approval for the continued use of the subject property as a Mobile Home Park. Being unable to reach a conclusion of unfairness or an unfair burden on the owner's use of the subject real property, there is no authority for the undersigned to suggest alternatives to the enforcement action. Simon M. Harrison, Esq. Special Magistrate P.O. Box 07372 Fort Myers, FL 33919\ CERTIFICATE OF SERVICE I HEREBY CERTIFY that duplicate originals of the foregoing have been filed with the parties by service by United States Mail to Patrick G. White, Counsel for Requester, 5801 Pelican Bay Boulevard, Suite 300, Naples, FL, and Jacqueline Williams Hubbard, Assistant County Attorney, Counsel for the Governmental Entity, 3301 East Tamiami Trail, Naples, FL 34112, and a true and correct copy of the foregoing has been furnished by United States Mail to the Florida Department of Legal Affairs, The Capitol PL -01, Tallahassee, FL 32399-1050, this 21 st day of March, 2007. / C imon M. Ham- so Page 5 of 5 Paa S o` - EXECUTIVE SUMMARY Recommendation to approve a Resolution to terminate an "Interlocal Agreement Between the City of Naples and Collier County Regarding Maintenance Assistance for the Traffic Signal System on Goodlette -Frank Road Between U.S. 41 and Golden Gate Parkway" and authorizing the County Manager or his designee to provide written notice of termination to the City. OBJECTIVE: That the Board of County Commissioners approve a Resolution to terminate an existing Interlocal Agreement between the City of Naples and Collier County regarding maintenance and operation of traffic signals on Goodlette -Frank Road (County Road 85 1) between US 41 and Golden Gate Parkway. CONSIDERATIONS: In the 1980's the City of Naples implemented a Closed -Loop type computerized traffic signal system to control signal timing of traffic signals within the City limits. At that time Collier County had no signal system in operation for signals on the County roads. In November. 1989, Collier County and the City of Naples entered into an Interlocal Agreement in which the City of Naples assumed operation of the traffic signals on Goodlette -Frank Road by inte«ratin_+ those signals into the City's Closed -Loop system. The County retained the responsibility for all electrical costs, maintenance, and repair of the traffic signal equipment, while the City set the signal timings, operating hours, and agreed to assist with maintenance activities with reimbursement by the County for any maintenance expenses. The Agreement governs the operation of the traffic signals on Goodlette -Frank Road at Grand Central Station, Central Avenue, 5`1' Avenue North, 7 °i Avenue North, 13 °' /14`h Avenue North, Fleischman Boulevard, Golden Gate Parkway, 22 °d Avenue North, and on Golden Gate Parkway at Naples High School /Coastland Mall. The County now has its own Advance Traffic Management System (ATMS) which includes computerized signal control and video monitoring of the arterials. As part of the Goodlette -Frank Road six - laning project, the County is implementing all traffic signals north of 22nd Avenue North into its ATMS. However, to provide optimal traffic progression in the area of the Goodlette -Frank Road /Golden Gate Parkway area it is essential to bring the subject County roadway intersections into coordinated operation with adjacent signals already under the County's ATMS control. To accomplish this, operational responsibility for the signals must be reassigned to the County. FISCAL IMPACT: As the traffic signals covered by the Interlocal Agreement are currently powered, maintained, and repaired by the County there will be no additional costs. Operating costs will be minimal as County staff will already be monitoring and timing adjacent traffic signals on this corridor. 4. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve a Resolution to terminate the existing Interlocal Agreement between the City of Naples and Collier County regarding maintenance and operation of traffic signals on Goodlette -Frank Road (County Road 851) between US 41 and Golden Gate Parkway and to authorize the County Manager or designee to notify the City in writing of such termination. Prepared By: Robert W. Tipton, P.E., Traffic Operations Department Attachments: Resolution, Existing Interlocal Agreement (h' COLLIER COUNTY ECA FCC OF OCUrlTY CCIAll ONrRS - Item Number: J51 Item Summary . L u,,irtry, 6 <_:.mut .,1L n,- 11k r, .. r,n ,r ,,n-, uieonlnc -ill 3t r, e, arty QTler County retaror c munty,ai c tir5ce lo, file l affic �, .. "Inch -. to ' rydletle F ank Road it o,,eri L 5 41 and de dute f,Drkwa1 any it, 'e "u"theCOOr ii, jerienre torrovde l "alert nol,eyl _'urininthe Coy Meeting Date: Ct ^41:00: t 0090::10 Prepared By Robert W. Tipton. P . traffic Operations Dnector Date Trarill,c .lion 5ervieea Traffic OUeratimm, nit 5'2007 10'. 40: 45 AM Approved By Roo,n W. Timor D E. Traffic Copestone Dim, tor Dom Trensportotion Services Traffic Operate n, 9 @52D07 10.21 AM Approved By Norm E. F,tler, A-P Transpari an Divolon t.dmm istrator Date Tian .11,,UOr. Si i lrflo,. arorr, Cy— — 31311200' 4'.14 nV Apprn.ed 11c Sni,h .. .... lar A, cuhr np yuo ...... nal .,.. ..... .r�_ 7. .. ,.... _ _ .•ro Apprnred I4v App, fd B, r r Approved Bp ..i, Approved By OMB G..ortllnator Atlrmn11111 v= ._,.'sot Dote Lx% 1111, A 1 20C- f'F01 .Approved By Mark isacrilon Bliflolt nn .tat, �foi M. naoer. Of ¢e yo M' a9eme . S r ubgot 4 1 JUT ¢l1: AM Approved By ,lone, v_MOad county tanager .,a.e board of Couppr s cornmleonms - °enry YGansgo5l D'M1Ce 41LL';20T ,'F P M RESOLUTION NO. 2007- .A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, TO TERMINATE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF NAPLES AND COLLIER COUNTY REGARDING MAINTENANCE ASSISTANCE FOR THE TRAFFIC SIGNAL SYSTEM ON GOODLETTE -FRANK ROAD BETWEEN U.S. 41 AND GOLDEN GATE PARKWAY AND AUTHORIZING THE COUNTY MANAGER OR HIS DESIGNEE TO PROVIDE WRITTEN NOTICE OF TERMINATION TO THE CITY WHEREAS, on or about November 7, 1989, Collier Countv, a political subdivision of the State of Florida (the "County ") and the City of Naples, a municipal corporation (the "City "), entered into an Interlocal Agreement (the "Agreement ") designating the rights and responsibilities for maintenance, repair, and operation of traffic signals for the traffic signal system on Goodlette -Frank Road between G.S. 41 and Golden Gate Parkwav; and WHEREAS, the Agreement provides that the County is responsible for all maintenance and repair of the traffic signals and the City is responsible solely for the operation and timing of the traffic signals; and WHEREAS. the Agreement provides that either pam ma}- terminate the .Agreement upon giving thirty ('0) calendar days advance written notice to Neithdrlm from the ALieemene and WHERL,%S. the County desires to terminate the Agreement with the intent to assume operation and timing of the traffic signak on and near Golden Gate Parktaav and to enea ^_c the City in discussions for a ncti alTeement that will more appropnateh denne the parties' respective interests, rights and responsibilities, which hate chanced ,since the m i«inal execution o; the A_eement. for the traffic signals on Goodlette -Frank Road at intersections south of 13" .Avenues and WHEREAS. the Board of County Commissioners of Coliie Countv, Florida finds that it is in the public interest to terminate the Agreement and renegotiate a nett agreement. NOW, THEREFORE, be it resoh'ed by the Board of County Commissioners of Collier County, Florida, that: The Board of County Commissioners approves the termination of the Agreement and authorizes the County Manager or his designee to provide lawful notice of the County's intent to terminate the .Air eement as provided therein. This Resolution is hereby adopted after motion second and malority vote this day of X007. .A'T'TEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY. FLORIDA B_v _ Deputy Clerk Approved as to form and legal sufficiency: Scott R. Teach, Assistant County Attornev By _ _ JAMES COLETTA, CHAIRMAN Aperlda !tern hc. i6E2 ^it _ 2[107 °ag- 1 of 49 EXECUTIVE SUMMARY Recommendation to approve the attached Agreement between Royal Wood Golf & Country Club and Collier County Board of County Commissioners as it connects LASIP to the Santa Barbara Boulevard Extension from Davis Boulevard to Rattlesnake Hammock Road, Count' Project No. 51101. OBJECTIVE: To enter into an agreement that secures all of the necessary easements and access to Royal Wood Country Club needed to construct and maintain the Lely Area Stormwater Improvement Project (LASIP) features identified in attached Exhibits "A" through "E ". CONSIDERATIONS: With the Board's recent, unanimous approval of LASIP Phase IA it is important to continue to advance the project by securing the easements for construction of future LASIP phases. Proactive planning and coordinated design efforts between Transportation Engrineering and the Stormwater Management Department have integrated the proposed construction of Santa Barbara Boulevard Extension with proposed LASIP improvements planned within this same East Naples area. Inmrediate advantages resulting from linking these two efforts together include obtaining necessan right of way conaruently for both projects which are connected and adjacent to each other. Each project complements the other as far as providing access to the project area from a constuctability standpoint. The projects are linked fi-om a water management standpoint; the systems will function together and will flow in a cascading manor. Favorable environmental permitting conditions were realized by implementing a more regional approach to overall water and resource management for the entire area. Two LASIP segments are involved. They are LASIP Northeast Royal Wood and LASIP Royal Wood Lake Interconnects. Both have been designed and are currently in the final review and approval process v ith anticipated project schedules coordinated with construction of the Santa Barbara Boulevard Extension. LASIP Northeast Royal Wood includes construction of a new water management canal and three (3) new water control structures (weirs), flowing south, running parallel and adjacent to the west side of proposed Santa Barbara Boulevard Extension, north and east of Royal Wood. Surface water flowing from this new canal will enter Royal Wood at the northeast corner where the next project will begin, the Royal Wood Lake Interconnects. LASIP Royal Wood Lake Interconnects include several improvements all located within the Royal Wood property. These improvements include removal and replacement of all existing lake interconnect pipes; at a total of seven (7) locations. Improvements also include additional excavation of two portions of existing canals and construction of a new water control structure in the southwest corner of the property. The subject of this Executive Summary is the attached agreement which provides the County the opportunity to access, construct, and maintain these key LASIP features - the LASIP Royal Wood Lake Interconnects located inside the Royal Wood Golf & Country Club. It is important that these LASIP features be constructed in conjunction with the Santa Barbara Boulevard Extension project, as well as the LASIP Northeast Royal Wood improvements, to adequately address Stormwater issues in a regional resource management approach. The agreement also includes provisions to obtain an additional easement for a third segment of LASIP known as LASIP Northwest Royal Wood currently planned for construction in 2009. This project is the construction of 1,900 feet of culvert designed to convey sheet flow from the Whitaker Road area south into and through Royal Wood. LASIP Northwest Royal Wood will provide an adequate stormwater outlet to another area with a documented history of chronic flooding. This segment is not part of the Santa Barbara Boulevard Extension project and can be built subsequently. Royal Wood Golf & County Club is an extremely critical component and partner in the LASIP and the Santa Barbara Boulevard Extension project. This agreement will facilitate coordination of the many efforts planned to complete the very important work. Staff has successfully completed negotiations with Royal Wood Golf & Country Cub. FISCAL IMPACT: The Fiscal impact is estimated to be a maximum of 5600.000.00 to be paid from Stormwater funds. County will be responsible for course restoration in the LASIP impacted construction areas and for fair share costs of a bridge replacement. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners (1) approves the agreement with Royal Wood Golf & Country Club, and (2) authorize the Chairman to sign the approved agreement. Prepared By: Jerry Kurtz, Transportation Stormwater Principal Project Manager Michael A. G-eene, TECM Project Manager Attachments: (1) Royal Wood Agreement: (2) Exhibits A thru E Fagg 5. v. .t COLLIER COUNT)' FWU0rCOUNa CJMMISSIONEP. -- Item Number: 14'v'[ Item Summary F, - 11 1 r rlap omr. m .mt. c e d.,e. t d v rt 8 Lountry .rw a. :Allier Cou 1 BJarp If AUh c 11BSaol[: 7aL e + wevattl E,orli,ull i :om Ga .leverc lu 1 _snarce Fiamn J'. Fuac _cia aroie�t RC c11aT Meeting Date: 4122, 200 fr00 50 AV PrrPared By Michael Greene Prgent Manager Uote transportation Engineer m, 8 transportation Transportation Services 4I5'Z00]J'.29:a9 PM Mama gen t Approved By Michael Green¢ Project Manager Date lfem monmomn Engineering & Tranaporta[ion 5ervicee 4/6f200]D.2B PM Constrv_tiom Manaaemen[ Approved By Norm E Foam. AI:P trervepurtatlom CP 11an Adoumstrolor Date - .om5erv¢ms lrans:oaCGtion `ier'nces 0.umin. 4'IC- 110- 2'1:P1 Appnn'ed By „a vPUexanmu .._n... .oleo h1c"c' ,- um. Approved Its ,q. dppnwrd Ih' npprov «I III L.,a! «Yin: h 7) cu'll,MillCgm. kna bbl, JSI_ VorttlmnS v....� atron.donavauon 70 L.IE PM. Opp rovrJ By eCoivatt P,roopli P-ovv"t Manager Eat, •I a,, .,p rtahons l­,­c 4 i 40 1W Approved It., Sharon ,Newman ..c,fa,M,e, Shm ism Date motion Servces Tram,ra,Ioem Surel ces Adm:m 4'1T200'1:35 PM Approved Br FaUrbnhara E =eeutive secretary Date 1. ncPOrtaM1On Services >rtador Servicex Admlo 411212007 2. DS PM Apprn.'ed By OM_, GccrCinarz.r kmnnn_naave 4suls.an4 Jc4 ...r hiv MarePe ^c Ofnce _ M' _. 6 Budgie' a r YS? _ as PM Approved By M.;nane Office C'fic, N.Zop,cmi L Bode_t 41 .:r 1 00f IV Approved By tt l,uael Bmykuwski w.. �agm :ctrl F. Hudpel Ovector wm 6—rte ?e'.. Uri Of ' e' naPemen. E Bmogut 4 Annroved Bc Jemeev Mudd Counp v. an =g,i 'varo Baam, of lam, unry Manager's 'R¢e 717 P M 412(0 _omm u....h !Jo. 166`: .AGREEMENT THIS AGREEMENT (the "_Agreement ") is made this day of 2007, by and between the ROYAL WOOD MASTER ASSOCIATION, INC. ( "ROYAL WOOD "), and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ( "COUNTY "). WITNESSETH THAT: WHEREAS. ROYAL WOOD is a Florida corporation and owner, in part, of a golf course and common areas of that certain real propert;W located in Collier County, Florida more specifically described on composite Exhibits "A" and "D" attached hereto and made a part hereof (hereafter, the "Property "): and WHEREAS. COUNTY desires and plans to install, construct and make improvements on and around the Property consistine of the construction of weirs. box cuh -erts. modifications to existing; canals and the construction or improvement of such other structures to enhance the flow, of stormwater in the area as part of COUNTY's Lely Area Stonnwater Improvement Project ("LASIP"): and WHEREAS, the LASIP is such that it will primarily be located upon and throughout the Property; and in the course of the LASIP COUNTY will necessarily require ingress and egress to move supplies, equipment and personnel to construct and perform maintenance on and throughout the Property; and 'WHEREAS, ROYAL WOOD recognizes and acknowledges COUNTY's need to enter onto the Property to facilitate completion of the LASIP , as well as the need for perpetual easements to enable COUNTY to maintain installed structures related to LASIP; subject to COUNTY providing certain assurances as specified herein pertaining to the preservation of ROYAL WOOD's Property; NOW, THEREFORE COUNTY and ROYAL WOOD hereby agree, for and in consideration of the sum of TEN DOLLARS ($10.00), their mutual covenants contained in this Paee 1 of 9 i'l.ern Nc, 15E" Agreement and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, as follows: 1. Recitals. The foregoing recitals are true and correct and incorporated into this Agreement by this reference. 2. Right of Entrv. ROYAL WOOD, as owner of the Property, does hereby grant to COUNTY a temporary license and right to enter upon the Property more particularly described in Exhibit "A" (Royal Wood Country Club LASIP ERP Application Plans dated September 2006), and Exhibit "D" for construction of culvert structures, pond excavation and other related activities until the LASIP improvements have been concluded on the Property as identified in Exhibit "B" ( LASIP structures construction schedule). This right of entry shall include allowing any necessary temporary driveway access to facilitate entering the Property. The rights and interests granted to COUNTY herein are conditioned upon its reasonable exercise of that privilege and COUNTY and ROYAL WOOD shall coordinate together as to the most effective means of accessing the Property and delivering equipment, materials and personnel to the various construction sites. COUNTY shall not unreasonably interfere with ingress and egress to the Property during the period of construction and maintenance of the LASIP utility and drainage improvements. COUNTY's right of entry upon ROYAL WOOD'S Property is contingent upon no other provisions, conditions, or premises other than those so stated above; and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. If COUNTY does not start actual, physical construction by the date identified in Exhibit "B" then all construction activities contemplated by this Agreement will be postponed until April 2008, according to a detailed schedule to be mutually agreed upon by the parties to this Agreement, and this Agreement and all associated exhibits will remain in effect under the new start date. COUNTY agrees that, should any improvement contemplated by this Agreement not be completed by September 2, 2007, ROYAL WOOD shall have the right to require, by written notice, that all construction and work hereunder be stopped, all supplies and materials that are not installed in their final location be removed or relocated to a mutually agreed upon location on the Property, and all equipment be removed or relocated to a mutually agreed upon location on Page 2 of 9 G7 the Property. In the event ROYAL WOOD elects to provide such a written notice pursuant to this paragraph, COUNTY may resume construction in April, 2008, according to a detailed schedule to be mutually agreed upon by the parties to this Agreement. The COUNTY and ROYAL WOOD agree to conduct status meetings at mutually convenient times, but not less than bi- weekly beginning with the date of this Agreement, at which meetings COUNTY agrees to provide all known information relating to the progress, schedule and anticipated events concerning the construction of the improvements contemplated by this Agreement. 3. COUNTY. In connection with COUNTY's LASIP on the Property it agrees to undertake the frillowim': A. COUNTY will construct LASIP Weir Structure LCB- 00- 50150. as part of the Santa Barbara Boulevard Extension Road Project (hereafter, the "Road Project'), which structure will be located at the southwest comer of the Property adjacent to Rattlesnake Hammock Road as depicted on Exhibit "A." B. COUNTY will undertake all reasonable efforts to construct LASIP Box Culvert LCB- 13- S0090(P), which it contemplates locating north of the midpoint of the Property, along and upon the western boundary of the Property alongside the west side of the fairway as depicted on Exhibit "D." Construction of LASIP Box Culvert LCB- 13- S0090(P) is not bound by the schedule in Exhibit "B," but shall be constructed as identified in the LASIP Master Plan. COUNTY will compensate ROYAL WOOD for the reasonable costs for restoring its golf course facilities, which may be disturbed during construction of structure LCB- 13- S0090(P). As to anv such repairs, ROYAL WOOD shall provide COUNTY with the repair bid and shall be suhiect to final approval by COUNTY, which final approval shall not be unreasonably withheld. C. COUNTY will construct LASIP Structures LCB- 00- S0151, LCB -00- 50153, LCB- 00- S0154, LCB- 00- S0155, LCB- 00- SO156, LCB- 00- S0157, and LCB- 00- S0158, as part of Page 3 of 9 'jenda Item D!o '5 °2 ;;aril -4. 2D57 a.e7c.,49 the Road Project, all of which are located on the Property as identified in Exhibit "A." COUNTY will file all and any necessary applications with the SFWMD to amend the ROYAL WOOD water management permit, with ROYAL WOOD'S cooperation and assistance, if necessary, to provide for the construction of the aforementioned structures referenced in Exhibit "A" and "D." D. COUNTY will construct right -in right -out access, including a 2" sleeve under the pavement at the maintenance facility extending out onto Santa Barbara Boulevard from the Property in the vicinity of the east/west alignment of Polly Avenue and the existing turnout from the Property. Design standards for low volume access allows for a 50' radius curb return in lieu of a deceleration lane. The exit shall be used for normal egress and the entrance shall be gated and signed for "Emergency Use Only ". E. COUNTY is responsible for filing, all necessary applications with the South Florida Water Management Disn-ict ( "SFVA7MD ") to: (i) Amend the ROYAL WOOD water management permit, if necessary. to provide for the construction of the aforementioned structures; (ii) Seek approval from the SFWMD to combine Structures LCB- 00 -S0158 and LCB- 00- S0159, which are located near the ROYAL WOOD maintenance facility, into a single structure that would be identified as LCB- 00- S0158; and (iii) Seek approval from the SFWMD to allow for additional excavation to deepen a portion of the pond (swale) located approximately 300' upstream from Structure LCB- 00 -S0155 so as to provide for a permanent pool of water year- round. To the extent that ROYAL W OOD's cooperation and assistance is required to obtain approval on any of the applications submitted to the SFWMD, upon request by COUNTY, ROYAL WOOD shall provide such assistance as is reasonably required. F. COUNTY will pay for all permit and application fees pertaining to its LASIP improvements. Page 4 of 9 .�.� °f63 c Item �'•:7. iS�_ G. COUNTY agrees to compensate ROYAL WOOD for reasonable restoration costs in the event the Property's grounds are disturbed as a result of entering and accessing the Property as stated in paragraph number two (2) and for construction of those Structures identified in paragraph three (3)(A), (3)(B), (3)(C), (3)(D) and (3)(E)(iii) above. As to any such repairs, ROYAL WOOD shall provide COUNTY with the repair bid, currently estimated at $600,000.00, which shall be subject to final approval by COUNTY. IT COUNTY agrees to participate with ROYAL WOOD for fair share costs in the design and replacement of the timber bridge. This timber structure shown in Exhibit "D" is failing and needs to be replaced. In cooperation with ROYAL WOOD Properties, as compensation for granting an easement for installation of Box Culvert LCB- 13- S0090(P), fair share costs are to be agreed to between ROYAL WOOD and the COUNTY at such time there is sufficient design and engineering completed on the bridge to develop a cost estimate. COUNTY shall coordinate with ROYAL WOOD prior to issuance of the construction Notice -to- Proceed for the bridge. The bridge shall be completed in coniunctiou with the installation of Box Culvert LCB- l3- S0090(P), but not later then October 2010. COUNTY agrees that advance notice will be given to ROYAL WOOD and that access for maintenance operations will be fully coordinated bctween the parties and subject to ROYAL WOOD'S final approval, which final approval shall not be unreasonably withheld. COUNTY agrees to compensate ROYAL WOOD COUNTY for reasonable restoration costs in the event the Property's grounds are disturbed as a result of entering and accessing the Property for maintenance. As to any such repairs, ROYAL WOOD shall provide COUNTY with the repair bid, which shall be subject to final approval by COUNTY, which final approval shall not be unreasonably withheld. 4. ROYAL WOOD. In connection with COUNTY's LASIP on the Property: A. ROYAL WOOD agrees to convey to COUNTY a perpetual easement permitting COUNTY to enter, access and install and maintain the LASIP Weir Structure identified as LC13- 00 -SO150 on Exhibit "A." B. ROYAL WOOD agrees to convey to COUNTY a perpetual casement to enter, access, construct, and maintain a channel extension from the existing pond located at the northeast Page 5 of 9 ,turn No 16E? ,4pni 24, 2007 Pac- c of 49 comer of the Property extending north to LASIP Structure LCB- 00 -S0160 as identified on Exhibit "A." C. ROYAL WOOD agrees to convey to the COUNTY a perpetual easement to enter, access, construct and maintain the box culvert along the west property line identified as LCB -13- 50090(P) on Exhibit "D." D. ROYAL WOOD agrees to convey to the COUNTY a perpetual easement to enter, access, construct and maintain box culverts identified as LASIP Structures LCB- 00- S0151, LCB- 00- 50153, LCB- 00- S0154, LCB -00- 50155, LCB -00- 50156, LCB- 00- S0157, and LCB- 00 -S0158 on Exhibit "A." E. ROYAL WOOD shall convey the perpetual easements referenced in paragraphs 4(A) (B) (C) and (D). at no cost to COUNTY, within thirty (30) days from the execution of this Agreement pursuant to the Easement Agreement attached hereto as Exhibit "C." ROYAL WOOD represents to COUNTY that the Easement Properties encumbered by the Easement Agreement attached as Exhibit "C" are free and clear of all liens and encumbrances, except as noted in the Title Search Report dated February 22. 2007 (Attorneys' Title Insurance Fund, Inc. File Number 64- 2007 -760) and attached hereto as Exhibit "E ". F. ROYAL WOOD shall cooperate and execute all SFWMD permit modification applications) reasonably necessary to authorize the COUNTY to act on ROYAL WOOD's behalf in processing such application(s) for approval. G. ROYAL WOOD agrees that any internal gates or fencing provided and installed by ROYAL WOOD as part of the connection must be operational within six (6) months from the date of substantial completion of the Road Project. H. COUNTY shall pav for any and all permit and application fees associated with or pertaining to any repair and rehabilitation work to its golf course. I. All information provided by ROYAL WOOD for use in connection with this Page 6 of 9 sa'. li Agreement is assumed as true and accurate. Any claims or delays that may arise from differing facts or conditions shall not be suffered at COUNTY's expense nor shall County be responsible to correct. 5. Maintenance of LASIP Improvements. COUNTY shall have the sole responsibility to maintain and repair in a proper, substantial, and workmanlike manner, the LASIP structure improvements it constructs and locates on the Property. ROYAL WOOD shall be solely responsible for the maintenance of the replacement bridge, all interior lakes, and other related water management concerns located upon the Property. 6. Indemnification. To the extent provided by ]aw, COUNTY shall indemnify, defend. save and hold harmless ROYAL, WOOD from and a,,ainst anv clam;. damaLc, cost, charge or expense arising out of any act, error, omission, or negligent act by COUNTY, its agents or employees during the performance of the Agreement, including but not limited to any such claims, damages, costs.. charges, or expenses related to compliance with South Florida Water Management District requirements specific to the modifications made under the LASIP permit modification as a direct result of the work to be performed under this agreement, except that neither COUNTY, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge or expense arising out of any act, error, omission, or negligent act by ROYAL WOOD or any of its officers, agents or employees during the performance of this Agreement. This indemnification provision shall not be construed as a waiver of sovereign immunity or any limitation of liability to which the County may be entitled under Section 768.28, Florida Statutes. 7. Notices. Any notice.. request, demand, instruction or other communication to be given to any party hereunder shall be in writing and either hand delivered, delivered by overnight Page 7 of 9 r.`IIll �c ! °M %1r n; 2'X'7 �aje cf ;9 courier or telecopier or facsimile transmission, or sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Collier County: Collier County Stormwater Management Attn: Eugene Calvert, P.E., Director 2885 South Horseshoe Drive Naples, Florida 34104 Phone: (239) 774 -8192 Facsimile: (239) 659 -5790 With a copy to: Collier County Attorney Harmon Turner Building 3301 Tamiami Trail East Naples, Florida 34112 Phone: (239) 774 -8400 Facsimile: (239) 774 -0225 If to ROYAL WOOD: Royal Wood Master Association, Inc. c/o Royal Wood Country Club Attn: Board President or Chairman 4300 Roval Wood Blvd. Naples, Florida 33912 Phone: (239) 774 -2213 Facsimile: (239) 774 -4104 With a copy to: Becker & Poliakoff, P.A. Attn: Gregory Marler, Esq. 4501 Tamiami Trail North, Ste. 214 Naples, Florida 34103 Phone: (239) 261 -9555 Facsimile: (239) 261 -9744 Any notice, demand, request or other connnunication shall be deemed to be given upon actual receipt in the case of hand delivery, facsimile or telecopier transmission, or delivery by overnight courier, or four (4) business days after properly depositing the same in registered mail for delivery by the United States Postal Service. Any notice sent via facsimile transmission received after 5:00 p.m. Eastern Standard Time shall be deemed to have been given on the Page 8 of 9 _ Y , following business day. For purposes of delivering and receiving any notices, demands, requests or other communications under this Agreement, the attorneys for COUNTY and ROYAL WOOD may directly contact each other and are expressly authorized to give and receive any notice, demand and request or to make any other communication pursuant to the terms of this Agreement. The addressees and addresses for purposes of this section may be changed by either party by giving written notice of such change to the other parry as provided herein. 8. Benefit /Burden. The rights and obligations created hereby shall run with the land and shall inure to the benefit and burden of ROYAL WOOD and COUNTY and their respective successors and /or assigns. 9. Governing Lail . This Agreement is governed and construed in accordance with the laws of the State of Florida. 10. Recording. This Agreement shall be recorded in the Public Records of Collier Countv. Florida. IN WITNESS WHEREOF, the ROYAL WOOD and COUNTY have respectively caused these presents to be executed the date and year first above written. SIGNED AND ACKNOWLEDGED IN THE PRESENCE OF: (Print Name: (Print Name: STATE OF FLORIDA ) ) ss. ROYAL WOOD MASTER ASSOCIATION, INC. By: Print Name: Date: Page 9 of 9 L%i e�i --a iiei1-1 N ,,.b 'n 2. pp•1� 21' 20( % Page COUNTY OF COLLIER ) The foregoing instrument was acknowledged before me, this of 2007, by , the of the Royal Wood Master Association, Inc., Collier County, Florida, who is ( ) personally known to me or ( ) has produced as evidence of identification. (SEAL) .ATTEST: Dwight E. Brock, Clerk Approved as to form and legal sufficiency: Scott R. Teach, Assistant County Attorney NOTARY PUBLIC Name: (Type or Print) My Commission Expires: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA z .Tim Coletta. Chairman Date: Page 10 of 9 1I I- � L2 O Q - v 0 IPJx mK R ° t I U.N.M.M.M. -2 7 ZZ4 O ti 7 2 v a. No of -r c a Ir It low aim 3n .... 0, ...... 1 . 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IPi li o .I J Z Q e <; e � alaia� €g¢ O ' s � L yGd m C N a El M M Y Q 9 `w 0� ` r 6 la � a o Olm 3 ml h v' y N P. Y fJ y N N � N N n � m _ T C o I C C N 4i y p (! Go U, [n U IV lG 4i IV - Q4 ry ✓l - LL li ii l� li li lei I C C N 4i y p (! Go U, [n U 4xt. 2 -,. 2007 =aa-- 39 0 ., 9 Exhibit "C" EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into by and between ROYAL WOOD MASTER ASSOCIATION, INC., (hereinafter referred to as "Owner "), whose mailing address is 4300 Royal Wood Blvd., Naples, Florida 33912, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "County "), whose mailing address is 3301 Tamiami Trail, Naples, Florida 34112. WHEREAS, County requires the following perpetual easements located over, under, upon and across Owner's property, to wit: (1) a perpetual easement permitting County to enter, access and construct and maintain the LASIP Weir Structure LCB -00 -50150 located at the southwest comer of the Owner's property; (2) a perpetual easement permitting County to enter, access, construct and maintain a channel extension starting from the existing pond located at the northeast corner of the Owner's property extending north to LASIP Structure LCB -00- 50160; (3) a perpetual easement to enter, access, construct and maintain the box culvert along the Owner's west property line identified as LCB- 13- S0090(P);and (4) a perpetual easement to enter, access. construct and maintain box culverts on the Ovrner's property identified as LASIP Structures LCB- 00- SO151, LCB -00- 50153. LCB -00- 50154. LCB- 0()-SOJ �5. LCB- 00- SO156. LCB- 00- S0157. LCB -00 -50158 and LCB- 00 -S0159 (collective] \. the "Easement;'). "fhe exact locations and legal descriptions of each of the aforementioned Easements are more specifically identified on Exhihit ".A." which is attached hereto and made a pan of this Aug eement. WHEREAS. Owner desires to convey the Easements to Counter for the staled purposes. on the terms and conditions set forth herein said terms including that no compensation shall be due and payable for the Easements 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. The Parties hereby agree that the above recitals are true and correct and are otherwise incorporated herein by reference. 2. Owner shall grant the Easements to County in a form acceptable to Count and at no cost to the County.. except as otherwise stated herein. 3. Owner represents to County that said Easement Properties are free and clear of all liens and encumbrances. 4. Owner shall pav 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, title commitments and recording costs for any curative instruments shall be bome and paid by Owner. 5. 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 assiLmees, whenever the context so requires or admits. 6. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and the written Agneement, 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, undcrtaking , promises, arra uics, or cwcnants no, contained herein. Easement Agreement Page 2 If the Owner holds the property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the property= held in such capacity is conveyed to County, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517. Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 280, Florida Statutes.) Any failure to enforce any provision contained herein or subsequently recorded as provided hereunder shall in no may he deemed a waiver of the right to do so thereafter. The invalidity, violation, abandonment or waiver of any one or more of any of the provisions hereunder shall not affect or impair the remaining potions of this Agreement. 9. This .Agreement is _governed and construed in accordance mith the laws of the State of Florida. IN Wl l'NESS WHEREOF. the parties hereto have executed this Agreement on this darof .'Utt'_ DATED. .,ATTEST: DWK9 HT E. BROCK. Clerk Deputy Clerk Approved as to form and legal sufficiency: Scott R. Teach, Assistant County Attomev BOARD OF COtATY COMMISSIOAERS COLLIER COLA1 -1 FLORIDA BY _ lames \. Coletta. Chairman Easement Agreement AS TO OWNER: DA Witness (Signature) Name: Witness (Sig ature) Name: STATE OF FLORIDA ) ss. COUNTY OF COLLIER ) ROYAL WOOD MASTER ASSOCIATION, INC. By: _ Print Name: 4eenc;a Ism 1,,jr�. 1 B E 2 ' <) -C °4 2007 Page 3 The foregoing instrument Naas acknowledged before me, this of 2007_ hx , the _ _T _ of the Royal Wood Master Association. Inc.. Collier County. Florida. who is ( ersonally known to me or ( I has produced as evidence of identification. (SEAL) NOTARY PUBLIC (Type or Print) Me Commission Expires: €w E -f^�vS o e.. tit '+= -�6 di'i� f�� = —a,�, feffa dff __ _ I a� �g - -` - -- �, c c:: ', — v, m° 4 O � � O �� 1 �� N,° TITLE SEARCH REPORT Fund File Numher: 64 -2007 -760 The information contained in this title search is being furnished by Attorneys' Title Insurance Fund, Inc. If this report is to be used by a title insurance agent for evaluation and determination of insurability by the agent prior to the issuance of title insurance, then the agent shall have liability for such work. Provided For: Becker & Poliakoff PA Agent's File Reference: R06702 After an examination of this search the Agent must. A. Evaluate all instruments, plats and documents contained in the report. B. Include in the Commitment under Schedule B, any additional requirements and/or exceptions you.fhnd necessay from your analvsis of the surveys, prior title evidence or other relevant information from the transaction. C. Veri .1, the status of corporations and limited partnerships and other business entities with the appropriate governmental agency or other authority. D. Determine whether the property has legal access. E. Determine if aqy unpaid municipal taxes or assemnentc twist, which arc not recorded ill the Official Records Boobs of the county-. F. Determnine whether ap portinrr of the property is suhmerged or art{ficially filled, if the property borders a bode of water, and df'riparian or littoral rights exist. G. The information provided herein does not include a search of federal liens and judgment liens filed with the Florida Department of State pursuant to Sec. 713.901, et seq., F.S., and Sec. 55.201, et seq., F.S., respectively, which designate the Florida Department of State as the place far filing federal liens and judgment liens against personal propero-. For insuring purposes: (a) Pursuant to Sec. 713.901, et seq., F.S., personal property includes, but is not lindled to, mortgages, leaseholds, mortgages on leaseholds, interests in cooperative associations, vendees' interests, and options when those interests are held by a partnership, corporation, trust or decedent's estate; and (b) Pursuant to Sec. 55.201, et seq., F.S., personal property includes, but is not limited to, leaseholds, interests in cooperative associations, vendees' interests, and options regardless of the type of entity holding such interests, including individuals. (Note: Mortgages have been specifically excluded from the personal properly interests is which a judgment lien map be acquired under the provisions ofSec. 55.201, et seq., F.S.) Prepared this 22nd day of February, 2007. Attorneys' Title Insurance Fund, Inc. Prepared by: Linda M. Fox Phone Number: 239 -774 -2627 Pane 1 of 7 TITLE SEARCH REPORT Fund File Number: 64 -2007 -760 Effective Date of Fund approved base title information: Amaust 1, 1962 Effective Date ofSearch: February 19. 2007 at 11:00 PM Apparent Title Vested in: ROYAL WOOD MASTER ASSOCIATION. INC., a non -profit Florida corporation Description of real properh, to be insured /foreclosed situated in Collier County, Florida. PARCEL I: Tract N. Royal Woods Golf and Country Club. Unit 1. according to the plat thereof as recorded in Plat Book 15. Page 16. Public Records of Collier Countv. Florida. PARCEL 2: Tract N. Ronal V oods Golf and Counn� Club. Unit 2_ according to the plat thereof as recorded in Plat Book 15. Page 19. Public Records of Collicr Countv. Fiorda. PARCEL3: Tract N. Royal R oods Golf and CounuT Club. Unit 3. according to the plat thereof as recorded in Plat Book 15. Pad *c 95. Public Records of Collier Countv. Florida. ,11uniments of Title, including bmikruptcr, foreclosure, quiet title, probate, guardianship and incompetency proceedings, if any, recorded in the Of Records Books of the rnunlr: 1. Trustee's Deed from Barnett Banks Trust Company. N.A., as Successor Trustee under land Trust No. 50 -407 to Elba Development Corporation, a Florida corporation, recorded October 26, 1907, in O.R. Book 1304. Page 1039, Public Records of Collier Countv. Florida. 2. Trustee's Deed from Barnett Banks Trust Company. N.A., as Successor Trustee under Land Trust No. 50 -407 to Lynne Hixon -1 lollev, as Successor Trustee under the Last Will and Testament of William Dag Hixon, recorded October 26, 1987, in O.R. Book 1304, Paee If Public Records of Collier Countv, Florida. 3. Special Warranty Deed from Lynne Ilixon- Hollev, as Successor Trustee under the Last Will and Testament of William Day Mixon to Elba Development Corporation, a Florida corporation, recorded October 26. 1987. in O.R. Book 1304. Page 1045, Public Records of Collier County, Florida. Pare 2 of 7 �n;iG sm tvc - TITLE SEARCH REPORT Fund File Number: 64- 2007 -760 4. Quit -Claim Deed from Walter Rogers, Individually and as Trustee under Declaration of Trust dated 12/14/1979 to Elba Development Corporation, a Florida corporation, recorded October 29, 1997, in O.R. Book 1304, Page 1046, Public Records of Collier County, Florida. 5. Quit -Claim Deed from William E. Townsend to Elba Development Corporation, a Florida corporation, recorded October 26, 1987, in O.R. Book 1304, Page 1048, Public Records of Collier County, Florida. 6. Quit Claim Deed from Jack M. Moon and Virginia B. Moon to Elba Development Corporation, a Florida corporation, recorded October 26, 1967, in O.R. Book 1304, Page 1050, Public Records of Collier County, Florida. 7. Quit Claim Deed from William T. Barrett, Jr. to Elba Development Corporation, a Florida corporation, recorded October 26, 1987, in O.R. Book 1304, Page 1052, Public Records of Collier County, Florida. S. Quit Claim Deed from Robert T. Benson, Jr. to Elba Development Corporation, a Florida corporation, recorded October 26, 1987, in O.R. Book 1304, Page 1054, Public Records of Collier County, Florida. 9. Quit Claim Deed from William H. Buckhannan, III to Elba Development Corporation. a Florida corporation, recorded October 26, 1987, in O.R. Book 1304, Page 1056, Public Records of Collier County. Florida. 10. Quit Claim Deed from Pamela J. Goodman Forth to Elba Development Corporation, a Floridh corporation, recorded October 26, 1987, in O.R. Book 1304, Pace 1058, Public Records of Collier County, Florida. 11. Quit Claim Deed from Debra Goodman Navaho to Elba Development Corporation, a Florida w corporation, recorded October 26. 1987, in O.R. Book 1304, Page 1060, Public Records of Collier County, Florida. 12, Quit Claim Deed from Flagship Bank of Miami. as Trustee of the Robert Goodman Trust to Elba Development Corporation, a Florida corporation, recorded October 26, 1987, in O.R. Book 1304, Paue 1062, Public Records of Collier County, Florida. 13. Quit Claim Deed from J. 'Chad Moss to Elba Development Corporation, a Florida corporation, recorded October 26, 1987, in O.R. Book 1304, Page 1064, Public Records of Collier County, Florida. 14. Connective Quit Claim Deed from Sun Bank /Miami, N.A., f/k/a Flagship Bank of Miami and Bennie Ruth Goodman as Co- Trustees of the Robert Goodman Trust to Elba Development Corporation, a Florida corporation, recorded December 2, 1987, in O.R. Book 1312, Page 1863, Public Records of Collier County, Florida. 15. Special Warranty Deed from Elba Development Corporation, a Florida corporation to Royal Wood Master Association, Inc., a non - profit Florida corporation, recorded January 16, 1991, in O.R. Book 1586, Page 219, Public Records of Collier County, Florida. Mortgages, Assignments and Modifications: None Other Property Liens: Property Taxes are waived by the Board of County Commissions. Page 3 of 7 TITLE SEARCH REPORT 7 �` Fund File Number. 64-2007-760 Restrictions /Easements: 1. PARCELS 1, 2 AND 3 2. Resolution recorded in O.R. Book 668, Page 508, Public Records of Collier County, Florida. 3. Warranty of Easement Rights recorded in O.R. Book 1163, Page 661, Public Records of Collier County, Florida. 4. Agreement for Operation and Maintenance of Surface Water Management Systems recorded in O.R. Book 1310. Page 1244 and re- recorded at O.R. Book 1318, Page 1853, Public Records of Collier Countv, Florida. 5. Easement recorded in O.R. Book 1355, Page 929, Public Records of Collier Countv, Florida. 6. Covenants, conditions, and restrictions for Roca] Wood Golf &- Countv Club recorded in O.R. Book 1371. Page 54. O.R. Book 13W. Page 1742. O.R. Book 1928. Paire 563. O.R. Book 2664, Pace 359 and O.R. Book 3763, Pate 2736. Public Records of Collier County, Florida. " °hich contain provisions creating easements and or assessments. 7. Covenants. conditions. and restrictions recorded in O.R. Book 1395, Page 523, amended in O.R. Book 1476. Paae 2304, O.R. Book 2 >07, Pagc 1679, O.R. Book 2551, Page Sol. O.R. Book 2561, Pace 2148 and O.R. Book ,220. Paae 15 75. Public Records of Collier Countv. Florida, which contain provisions creating easements and or assessments. S. Deed recorded in O.R. Book 2410, Page 270, Public Records of Collier Countv, Florida. 9. Resolution No. 96 -593 recorded in O.R. Book 2270. Page 1195, Public Records of Collier Countv. Florida. 10. Encroachment Agreement recorded in O.R. Book 2701, Page 346, Public Records of Collier Countv, Florida. 11. Subject to all assessments levied by the Condominium %Homeowner Association. 13. Any loss or damage caused by a lien for assessments pursuant to Sec. 718.116 (5) (a), F.S., notwithstanding assurances to the contrary in any attached Florida Endorsement Form 9. 13. Note: The subject property appears to border on a body of water. 14. AS TO PARCEL 1 ONLY: 15. All matters contained on the Plat of Royal Wood Golf and Country Club, Unit One. as recorded in Plat Book 15. Page(s) 16, Public Records of Collier County, Florida. 16. Easement recorded in O.R. Book 116, Page 531, Public Records of Collier County, Florida. 17. Subordination of Encumbrance to Property Rights to State of Florida recorded in O.R. Book 209, Page 55, Public Records of Collier County, Florida. 18. Utility Easement recorded in O.R. Book 1304, Page 1067, Public Records of Collier County, Florida. 19. Warranty Deed recorded in O.R. Book 1387. Page 1166, Public Records of Collier County, Florida. 20. Easement recorded in O.R. Book 4108, Page 3214, Public Records of Collier County, Flnr_irin 21. AS TO PARCEL 2 ONLY Page 4 of 7 TITLE SEARCH REPORT -t' of °'i Fund File Number: 64 -2007 -760 22. All matters contained on the Plat of Royal Wood Golf and Country Club, Unit Two, as recorded in Plat Book 15, Page(s) 19, Public Records of Collier County, Florida. 23. Assignment of Declarant's Rights recorded in O.R. Book 1662, Page 2105, Public Records of Collier County, Florida. 24. Warranty Deed recorded in O.R. Book 1408, Page 244, Public Records of Collier County, Florida. 25. AS TO PARCEL 3 ONLY 26. All matters contained on the Plat of Royal Wood Golf and Country Club Unit Three, as recorded in Plat Book 15, Page(s) 95, Public Records of Collier County, Florida. 27. Assignment of Declarant's Rights recorded in O.R. Book 1662, Page 2105, Public Records of Collier County, Florida. Other Encumbrances: None REAL PROPERTY TAX INFORMA'T'ION ATTACHED Proposed Purchaser /Mortgagor: The name of the proposed purchaser ✓mortgagor was searched for the past twenty years for unsatisfied judgntents and tax liens (state, federal and other liens for the recovery of mone1) and personal names were checked utrrestorcd incompetency and.for guardianship proceedings. The fallowing matters appeared of record and copies are attached.for evaluation by the agent: None STANDARD EXCEPTIONS Unless satisfactory evidence is presented to the agent eliminating the need for standard exceptions, the following should be made a part of any commitment or policy. Taxes far *he year of the effective date of this policy and taxes . ^,r �,eci»I assessments :vhich are not shown as existing liens by the public records. Page 5 of 7 TITLE SEARCH REPORT Fund File Number: 64 -2007 -760 2. Rights or claims gfparties in possession not shown by the public records. 3. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. 4. Easements or claims of easements not shown by the public records. 5. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Any owner policy issued pursuant hereto will contain under Schedule B the _following exception: Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured hereunder, including submerged, filled and toWficialt, ewposed lands, and lands accreted to such lands. 7. Federal liens and judgment liens, if ap•, filed with the Florida Department of State pursuant to Sec. 713.901, et seq., F.S., and Sec. 55.201, et seq., F.S., respectively, which designate the Florida Department of State as the piace.for filing federal liens and judgment liens against personal property. For insuring purposes: (a) Pursuant to Sec. 713.901, et seq., F.S., personal property includes, but is not limited to, mortgages, leaseholds, mortga,,,es on leaseholds, interests in cooperative associations, rendee.s' interests, and options when those interests are held by a partnership, corporation, trust or decedent's estate; and (b) Pursuant to Sec. 55.207, et seq., F.S., personal property includes, but is not limited to, leaseholds, interests in cooperative associations, vendees' interests, and options regardless of the type of entity holding such interests, including individuals. (,Vote: Mortgages have been specifically excluded front the personal property interests in which a judgment lien nay- be acquired under the provisions of See. 55.201, et seq., F.S.) 8. Ant, lien provided fiy Count' Ordinance at- by Chapter 159, Florida Statutes, in favor of any city, town, village or pmt authority, fen- unpaid service charges for services by any water systems, server systems or -as. tisterms serving the land described herein; and any lien for waste fees in favor of any county or municipality. This report does not cover rnaners.fded in the Federal District Courts of Florida EXCEPT FOR BA>A'hRUPTCl'PROCEEDINGS.fded prior to October 7, 1984, when the property lies in either DADE, DUYAL, HILLSBOROUGH, LEON OR ORANGE COUNTY. In foreclosure proceedings, title should be examined between the effective date of this report and the recording of the lis pendens to assure that all necessary and proper parties are joined. Consideration should be given to joining as defendants at, persons in possession, other thhan the record owner, azd ant' pities, other than those panted herein, known to the plaintiff or the plaintiffs attorney and having or claiming an interest in the property. Page 6 of 7 ^3�..1i �i'24. "IV i TITLE SEARCH REPORT Fund File Number: 64 -2007 -760 Prior to issuance of any policy of title insurance m:derwritten by the Company, the agent must obtain and evaluate a title search for the period between the effective date of this Title Search Report and the recording date(s) of the instruments) on which the policy is based If this product is not used for the purpose of issuing a Fund policy, then the maximum liability for incorrect information is $1,000. Note: The Fund Agent is responsible for obtaining underwriting approval on any commitment prepared from this product in the amount of $3,000,000.00 or more. Pape 7 of 7 Agenda Item No. 16B3 April 24, 2007 Page 1 of 3 EXECUTIVE SUMMARY Recommendation for the Board of County Commissioners to approve a budget amendment to recognize revenue received for the FY07 5309 Federal Transit Authority (FTA) grant for $238,000. OBJECTIVE: For the Board of County Commissioners to approve a budget amendment to recognize revenue received for the FY07 5309 Federal Transit Authority (FTA) grant for $238,000. CONSIDERATIONS: Collier County Transportation — Collier Area Transit submitted a request for Section 5309 funding to the Special Appropriations Subcommittee. Collier Area Transit (CAT) was awarded $238,000 in funding FY2007 from the Federal Transit Administration. The funds are available for the rehabilitation and the construction of bus- related transfer facilities. The Grant will need to still be applied for following the receipt of a toll revenue credit letter from Florida Department of Transportation. FISCAL IMPACT: It should be recognized that the grant award referenced above in the amount of $238,000 is a reimburseable capital projects grant allocated on a discretionary basis. The funds remain available for obligation for three years. In approving this item, the BCC is providing authorization to approve the budget amendment to receive and use these grant dollars. The required budget amendment will recognize grant revenue and establish the necessary expense budget within Collier Area Transit Fund (426). GROWTH MANAGEMENT IMPACT: Consistent with Objective 12 of the Transporation Element of the Growth Management Plan. RECOMMENDATION: To approve a budget amendment to recognize revenue received for the FY07 5309 Federal Transit Authority (FTA) grant for $238,000. Prepared By: Sue Faulkner, Principal Planner, Altemative Transportation Modes Department Agenda Item No. 1683 April 24, 2007 Pace 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS -- Item Number: 1583 Item Summary: Recommendation for the Hoard of County Commissioners to approve a budget amendment to recognize revenue received for the FY075309 Federal Transit Authority (FTA) grant for $238000 Meeting Date: 412412007 9:90 00 AM Prepared By Sue Faulkner Principal Planner Date Transportation Services Altem,ria, Transportation you. 419120074:48:0) PM Approved By Norm E. Feder AICP Transportation Division Administrator Dare Transportation Services Transportation Services Atlmi, 4110120072:13 PM Approved By Scott R. Teactt Assistant County Attorney Data County Attorney County Attorney Office 411012007 2:25 PM Approved By Barbara LaPlerR ManagerrrmVBOdget Analyst Data Transportation Services Traffic Operations Cl W2007 10:24 AM Approved By Sbaron Newman Accounting Supervisor Date Transportation Services Transportation Services Atlmin 4112200711: 19 AM Approved By Diane B. Flagg Director ATM Director Date Tranoonation Servicos Aitemabve Tgrid.no tlon Modes 4112120071132 AM Approved By Pat Lehnhand E,o,orve Secretary Dace Transporatien5ervices Transportation Services Atlmin 4112120072'. 39 PM Approved By OMB COardluotor Administrative Assistant Data County ldmser's Office Office of Management S Budget 4132120072: 42 PM Approved By Mar lsackson Budget Analyst Data County Managers Off.. Office of Management 8 Budget 411612007 5:39 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 4117120071:19 PM Commissioners -�,ca`1 ]c o FEDERAL TRANSIT ADMINISTRATION 4 d 13 C2 M TABLE 12 Z N FY 2007 Section 5309 Bus and Bus Fac)tityAJWcations Fall w Q SAFETEArLU Stab EanrwrkD Prelwt No. Projectp ampbon Mpcadpn � Cr E200741USP -0164 270 Vamon, Cwnec9M4hdamrody Canter, PaMhnp artl Shsebmpes 1,524,646 C CT E20074i115P -0165 657 Wabrbay, C7 as Matnbnrnm Fady 2,300,000 DE E2007- &1SP-0166 169 Dehavamok tmAy of Dabawe Fuel Col Bra Depfp uwg 100320 R E2007AUSP4H67 470 Say cony. FL- Trandl Fanny I 476,000 FL E20074RW-0166. 297 Wvw d County. FL - Pudrae Buses aM w shuct bus Hri n - 401,280 FL EM749" -M69 69 Bnnm Co nly, FL Bran 6 Bus Firitla 1,304,160 FL E200743USP -0170 479 Browrd Cpuey4 a ad On Faribs 476,000 FL EMOT- BUSP4H71 177 Bnnmd, FL Pudase nave w*mkftd buses ad tam atop bpvmnwta on Stab Rood 7. (SR 7) 100,320 ... Goban Ghrda' emel rl9e ad Gbdes Rmd FL E2007 -BUSP -0172 439 Cer*W Flm CdnnsM Rah Memndal sibs ' 1.603200 FL E21074KISP-0173 453 Cenhal FbrMa Cwmubr Rat hAmwo l FwPan 720,000 FL E20W-OUSP-0174 4as Cenhal Fb" Repbul Trruporbtvn&*=%Lym( as Fhw F Pmpwrn 1.190.000 FL E2007.0" -0175 498 Cy of GabsavOe R"bnd Twntl Syabm Faddy EVwWm 238DOO FL E20074XJSP -0176 606 Coder County TmnWTmnk Faddy 23BA00 FL E20074115P411T7 23 Cormbuct Mnurod kwaporbbn 6 padarp tadky, ay eswater Park, Fbdde 100,320 FL E2D0748USP -0178 80 Fbgbr Cmay, Fbrba-bus !achy 120,384 FL E2W743USP-0179 527 19"Wa Depwknerrt of Trwrpwb DP4P*n Onch Cow* Repbmpwd Bores 238 000 FL F200T4i11SP -0180 344 Gatasvae, FL &a Fariy EWmubn 802,660 FL E2007- BU5P-0181 213 Gain s , FL Bus Rapd Trent S" 100.320 FL E200747USP-0182 95 Gahnsvaa, FL On Repbosnrant 602,560 FL E20074NJSP -0193 636 HftWm h Ares Regional Tris"m RwU TraW W*m-lrmds 476,000 FL E20DT -D P -0184 539 Hasbo m atL FL H6bawih Aran ,w0x TrmeAWW* 1,000,000 FL E200743USP -01a5 546 Jacharvae Traarpufebon AUtwtt4ka Fast Reptamm WW Equ0nw4 1.190.000 FL E2007 -BUSP -0186 306 Jack o , FL On Repbw rm.M 1,404,480 FL E2007471/5P -0167 107 Jacksmvae, FL Pratranst Vehbbs 902,680 FL E2007-KW-0188 549 JadmorvA a,FLTransporb6onlulmWWParahwet F4o9ran 0 FL E2007-O&W- H89 556 Lahebnd Ada Mors Trost DiwicVCtva CoraacimCaptel Fum* Needs 476M FL E20W-iUSP -0190 238 Levy Couty, 2rdnsal drah egnNPed passanpi lewdad salad aprprrad 60,192 FL E20074WSP-0191 103 LWWOwd, FbdOaCwntuct hrbn w"TmmWmbfvn FacRy 100}20 FL E2W7 -BU9P -0192 306 Mind Dad, FL N.W. 71h Avenue Trost Nub 601,920 FL F2007- BUSP4193 211 Lk -")wk Crony, Fbdda-0wa ad bus bdiees 1,303.610 Fl. E20DNiUSP -0194 432 MvmWadn Crony, FbWa -bads and bus bd8ias 602,560 FL EMD SP -0195 133 VwnR)da Cwdy, FbMtTmmk Seal6y SyM m 599,914 FL EM74WSP-0190 580 hTa "Mmle Tmrst 79r Avenue NW Trans6 Hub 238 ,000 FL E2%1743USP -0197 454 hbm4Dade Tars6 Dade" South haemudal Center 4 80,000 FL E200743SP -0198 136 Oata" Madw Coady, Fbrtlsiepacsnanthmm 601.920 FL E2007AUSP -0199 294 Orlando. FL On Repacenwa 602.560 FL E200740JSP -CM 14 Odwvdo, Fbrtla4 YNX On Fast Exparsbn PMWM 180,575 FL E20074n1SP -Ml 125 Patin Bade Coady. FL Plan NO Content! Bob Gbe Cmftwd P4s9wW Tmnst Faddy 702,340 FL E20074HSP- 2 367 Patin beach, R 20 Naw Buses her Pahn Tan 300,960 FL E200743USP-0203 248 Patin Bawk FL Patin Tran AVL -APC sya air rmn rand be lwu 50,160 FL E200741USP -0264 600 Rams Coady Mehopokan Pbnnbp 0%wk rb 0NWw Mob61y hraatm BR7 wnd Gdrle say 238AW FL UDW-OUSP -M 415 Pudare Bad and mrshud bus bcOn In &word Gouty, FL 451,440 K EM743LW-O 6 420 Pundase Buses and caserad bus b lAft b &vewd County, FL 401,250 FL E2007- BUSP -MT 400 Sou&FL Ra96, FL RepbnW Udversal Aubmabd Fan Cobcdm Syeam(UAFC)(brbn Wabm) 401280 FL F2W743USP47206 623 Serb Fbrkb Regbml Tmrnspdbbn AaarkrWed Patio Boma Mama. Fariy 476,000 FL UDW-OUSP -0209 622 Sodh Fbrba RepbfW T-mpvbbn Audwe -Wea Patin WW&mnw*. br ay achy afpbb under 3,570000 vbd 6309 FL E200741L15P-0210 31 SL Arprstlne, Fbdda4raermdal TmnWwalbn Center and mbbd pdablan ad bndcape 2W ,640 FL E20074tU5 -Mi 390 SL Lusk Gouty, FL Pumtuae Omen 200,640 FL E200743USP41212 402 Tanga, FL Esbbbh Tram! Emplads Cridw Pmjed 150480 FL M07- BUSP-0213 148 Tung, FL Purdaaa buss and consbud bus UdWl 4SIA40 GA E2007 -BUSP -0214 355 Abany, GA On mpboemed 60,192 CA F2007 -BUSP -0215 255 Abeny, GA Mulunadal Facity 160,512 GA E200743LSP -0216 357 Afh n , GA Buses and Bus Facades 284.909 GA E2007 -BUSP -0217 247 Atlanta, GA Inlor -mdal Passenper FacNy bpmvenwts 4012W GA E2007- BUSP-0218 384 A anta, CA MARTA Clean Fuel Bus AcqubMm 1203,640 GA E2007 -BUSP -0219 144 Augusta, GA Buns and On FecOks BO256 Agenda Item No. 1664 April 24, 2007 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to declare a single family residence on 2.674 acres in Golden Gate Estates as surplus property and to take the appropriate steps to sell the property. (Fiscal impact $300.00.) OBJECTIVE: To declare a single family residence on 2.674 acres in Golden Gate Estates as surplus property and to direct the County Manager, or his designee, to take the appropriate steps to sell the property. CONSIDERATIONS: On June 7, 2006, the Board of County Commissioners approved the purchase of a single family home located on the northwest corner of Santa Barbara Boulevard and Painted Leaf Lane (5605 Painted Leaf Lane). The County required a 54' easement along the property's eastern property line to facilitate the expansion of Santa Barbara Boulevard. Due to the proximity of the existing home to the future right -of -way line, the property owner elected to sell the entire property to the County; and, due to the exposure to additional costs should the partial take wind up in litigation, the County elected to purchase the entire property (see attached Executive Summary as Exhibit "A "). Other than the required right -of -way needed for the road project, the County has no other use for the remaining property. The property was offered to all County Divisions, and no County Division has shown an interest in purchasing the property. At this point, it is in the best interest of the County to declare the property surplus and to recoup expenditures through sale of the property. The Transportation Engineering and Construction Management Department (TECM) purchased the property with Impact Fees that require payment back into the fund once the property is sold. Additional funds in the amount of $8,326.00 were recently spent for repairs to the gutters and soffit, and for new tile and carpeting. All in all, the County has a total of $624,000 invested in this property, including the purchase price (less credit for repairs), attorney fees, title insurance, and the actual repairs and refurbishment. While no minimum bid amount will be established by the Board's approval of this recommendation, the asking price will be $412,000 which represents the break - even amount, after subtracting the County's estimate of full compensation to the former property owners of 5212,000 (including severance damages and curative expenses) from the County's total investment to date in the property. All bids will be brought back to the Board after the May 25, 2007 bid opening and the Board may at that time either accept the highest bid or reject all bids. Section 125.35(3) of the Florida Statutes requires calling for bids by advertising the property for sale at least once a week for two weeks in a newspaper of general circulation published in the County. The Board of County Commissioners may reject all bids if they are too low and may require a deposit or a surety bond with each bid submitted. Agenda Item No. 16134 April 24, 2007 Page 2 of 12 The legal notice to be published is attached (see Exhibit "B "). The property will sell to the highest bidder that can enter into a contract in substantial conformance with the proposed contract (see Exhibit "C "). The terms will include a 10% deposit with the balance paid at closing. The property will be sold subject to the existing easements and in "as is" condition with no warranties given. If successful in securing a favorable buyer, a Real Estate Sales Agreement will be brought back to the Board for approval. FISCAL IMPACT: Funds in the amount of $300 will come from the Transportation Supported Gas Tax Fund to cover the cost of advertising. Source of Funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this recommendation. RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Declare the 2.674 acre, improved property surplus; 2. Authorize the TECM department to advertise for the solicitation of bids for sale of the property and authorize the payment of that advertising. Prepared by: Debbie Armstrong, Sr. Property Acquisition Specialist Attachments: Exhibit "A" — Executive Summary approving purchase of property Exhibit `B" — Legal Notice for publication Exhibit "C" — Proposed Real Estate Sales Agreement Agenda Item No. 1664 April 24, 2007 Page 3 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 1594 lend Summary: Recommendation to delta, A single family residence on 2.674 acres in Golden Gate Estates as surplus property and to take the appropriate steps to sell the property (Fiscal impart $300.00 ) Meeting Date: 42412007 9'.00'.00 AM Prepared By Debbie Armstrong Property Acquisition Specialist Data Transportation Services TECM -ROW V2120071:38:15 PM Approved By Mariana Massa. Right of Way Manager Date Transportation Services Transportation Engneering& Construction Management 413120078:21 AM Approved By Kevin Heri ncks Right Of Way Acguisition Manager Date Transportation Services TECM -ROW 413120073:55 pM Approved By shush Ahmed Director Data Transportation Services Transportation Engineering & Construction Management 415120078:31 AM Approved By Lisa Taylor ManaoemenVBueget Analyst Data Transportation Services Transportation ACminfstudion 411W2007 1:29 PM Approved By Sharon Newman Accounting Supervisor Date -^ Transportation Serv,Ccz Transpartotion Seances Admin 411212D073:21 PM Approved By Norm E, Pemr, AlCP Transportation Dimsion Adminlstrstor Data Transportation Services Transportation Services Atlmirt 4112/2007 3:45 PM Approved By Pat Lehnhzrd Executive Secretary Date Transportation Services Transportation Servmes Armin 41122007 3.47 PM Approved By OMB Coordinator Administrative Assistant Date County Managers Office Office of Management &Budget 4113120079:20 AM Approved By Michael Smykowski Management & Budget Director Date County Managers Office Office of Management &Butlget 41131200712:06 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Managers Office 4113120076:09 PM Approved By Susan Usher Senior ManadmommlBadget Analyst Date County Managers Office Office of Management &Budget 411 512007 12:49 PM Agenda Item No. 16B4 April 24, 2007 EXHIBIT_A_�Bage 4 of 12 Pao._1_._ of -a_ Agenda Item No. 1683 June 6, 2006 EXECUTIVE SUMMARY Recommendation to approve the purchase of 2.674 acres of improved property of which 0372 acres are required for road right -of -way for the Santa Barbara Boulevard Expansion Project. Project No. 62081 (Estimated fiscal impact: $621,925) OBJECTIVE: Obtain the Board of County Commissioners' approval to purebase improved property, a part of which is required for the Santa Barbara Boulevard Expansion Project. CONSIDERATIONS: On October 22, 2002, the Board of County Commissioners approved Resolution No. 2002 -442 authorizing the acquisition by gift or purchase of right-of-way and stormwata retention and treatment pond sties which will be required for the construction of roadway, drainage and utility improvements to Santa Barbara Boulevard (Project No. 62081). The motion that passed Resolution No. 2002442 also recommended that, where property owners are willing to sett the parent tract and all improvements, and the County determines a significant impact to the parent tract as a result of the project, staff is authorized to acquire the parent tract at fair market value. (See attached October 22, 2002 BCC Meeting Minutes.) In addition, at the Santa Barbara/Logan Boulevard Workshop on April 16, 2003, the Board of County Commissioners realized that approximately 10 homes would be extremely impacted by the project, and that the Board should provide those homeowner with the opportunity to sell their entire home sites to the County_ Commissioner Colette added that a "reasonable inconvenience fee" should be considered when offering to purchase those impacted properties. In the instant case, the relevant property is a 1,883 square foot (under air), single - family residence sitting on 2.674 acres. The total square footage of the residence (including garage, entry and covered lanai) is 2,895 square feet. It is described as Lot 2, Tract 108 Replat in Unit 30, Golden Gate Estates, and is located at the northwest coma of Santa Barbara Boulevard and Painted Leaf Lane. The County requires one parcel (Parcel 137) from this property for the Santa Barbara Boulevard Expansion Project. The proposed taking involves the acquisition of a perpetual Road Right-of -Way, Drainage and Utility Easement that runs along the property's frontage on Santa Barbara Boulevard and contains .372 acres. After the right -of -way is taken for the road project, the residential structure will be approximately 24 feet from the new right-of. way tine on Santa Barbara Boulevard making this property one of the 10 homes designated as being significantly impacted by the project. Two independent appraisals were performed on this property, the first dated September 2005 and the latest dated February 2, 2006. The first appraisal valued the entire property, before taking Parcel 137, at $570,000. At that time, the appraiser utilized a 30/. per month time adjustment, which would bring that appraisal amount to 5622,584 as of December 2005, when real estate prices started leveling off. The second appraisal valued the entire property, before taking Parcel 137, at $603,000. The average of the two appraisals is $612,792. Agenda Item No. 16134 April 24, 2007 EXHIBIT age 5 of 12 Pag. 2 of -' Agenda Item No. 1683 June 6. 2006 Of the $212,800 which was the appraiser's September 2005 estimate of full compensation for the partial taking, $79,200 (or 370/6 of the total compensation estimate) was attributed to severance damages and curative expenses. The value of the land and improvements located within the folding area was $133,600. If the entire property is purchased at the contract price of $615,000 and then sold (less the proposed right -of- -way), it is estimated that the remainder property could bring approximately $450,000 in the open market. This represents a net savings to the County of between $47,800 and $97,800 based solely upon the County's appraisers' opinions of full compensation If the County's relationship with the property owner should become adversarial on the issue of the partial taking, it is reasonable to assume that the County would be fortunate indeed if we were able to negotiate a mediated settlement agreement for full compensation at $250,000 on top of which we could expect to pay attorney fees in the amount of $12,276 and expert fees in the amount of $15,000 to $20,000. These are conservative estimates; and yet they still show that in the alternative to purchasing the entire property and then selling it in the open market, the County's costs for the partial taking might easily be as much as $277,000. This illustrates the fact that if the remainder property sells for even a dollar more than $338,000 Collier County will have saved money by purchasing the entire property and selling the "remainder." From the onset of this project, the owners' concern was their continued enjoyment of life after the project due to the roadway's proximity to thew home. After hurricane Wilma hit Collier County, the owners contacted the Transportation Right- of -V,ay Department to ask that the County purchase their entire property because living without air conditioning made them realize how noisy the traffic will be once the road is constructed so close to their home. Another very important aspect to consider is that the owner's home was constructed especially to fill their need to accommodate a wheelchair bound resident and they felt very strongly that replacing their home was not going to be easy. Although the owners originally requested $650,000 for their home, they have agreed to sell the home to the County for $615,000 and payment of up to $2,500 for attorney's fees. The attached Purchase Agreement, once approved, provides for a closing on the Road Right -of- Way, Drainage and Utility Easement, Parcel 137, to take place within 60 days. To give the owner mom time to find a new home, after the first closing a second closing on the remainder property will take piece on or before September 1, 2006, at which time the County will take possession. In consideration of all these factors, staff recommends the purchase of this property for $615,000, plus the payment of attorney's fees not to exceed $2,500. FISCAL IMPACT: Funds in the amount of $621,925 will come from the Transportation Supported Gas Tax Fund and Impact Fee Funds. (Total Amount includes the $615,000 purchase price, $2,500 for attorney's fees and $3,475 for the approximate cost of title insurance, closing fees and recording fees, and $950 for the cost of a home inspection prior to the second closing.) Source of Funds are Gas Taxes and Impact Fees. Agenda Item No. 16B4 April 24. 2007 EXHIBIT /� Page 6 of 12 p� 3 OU_ Agenda Item No. 1683 June 6. 2006 GROWTH MANAGEMENT IMPACT: The recommendation is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Approve the attached Purchase Agreement; 2. Authorize its Chairman to execute same on behalf of the Board; 3. Authorize the payment of all costs and expenses necessary to close the transaction; 4. Accept the conveyance of the property via Warranty Deed and authorize staff to record same in the public records of Collier County, Florida; 5. Approve any and all budget amendments required ; and S. Authorize staff to explore options for the use and/or disposal (sale) of the subject property, less the right -of -way for Santa Barbara Boulevard expansion. Prepared by: Debbie Armstrong, TECM Attachments: 1) October 22, 2002 BCC Meeting Minutes; 2) Purchase Agreement Agenda Item No. 16134 April 24, 2007 Page 7 of 12 LEGAL NOTICE PROPERTY FOR SALE INVITATION FOR SEALED BIDS NOTICE IS HEREBY GIVEN THAT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, IS SOLICITING BIDS FROM ANY PARTY INTERESTED IN PURCHASING A RESIDENCE LOCATED AT 5605 PAINTED LEAF LANE, NAPLES, FLORIDA 34116, ON 2.674 ACRES OF LAND AND DESCRIBED IN DEED RECORDED IN O.R. BOOK 4097, PAGE 1621, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE PROPERTY IS ZONED E, ESTATES DISTRICT. Asking price is $412.000.00, all cash at closing, with a ten percent deposit required at signing of a contract. The property will be sold "as is" and includes all existing buildings located on the property with no warranty given or implied as to the size of the property or the condition of the buildings or any other improvements made a part of the sale. The awarded bidder will be required to execute a real estate sales contract with Collier County within ten (10) days from the notice of award. The contract will be subject to approval by the Collier County Board of County Commissioners. Closing will take place within 90 days from Board approval. Collier County will have the right to maintain possession of the property until the date of closing. The awarded bidder will be responsible to pay: the premium for lender and owners title insurance policies; charges for title search, title examination, and the title continuation through the date of deed recording, a survey (if desired by buyer), documentary stamps on deed, and recording fees on deed. In the event of a tie between or among two or more of the highest bidders, the award shall be made to the bidder having first submitted its bid. If the bidder chosen cannot meet the requirements for an approved contract, the second highest bidder will be chosen, and so on. Anyone wishing to view the property should contact Debbie Armstrong at 239- 213 -5874; however, there will be an open house to accommodate all requests to view the property on May 7�, from noon to 3:00 P.M. A 2006 home inspection report is available for review. PLEASE FORWARD SEALED BIDS MAILED TO OR HAND DELIVERED TO: (Indicate: "SEALED BIDS' on envelope) Debbie Armstrong Transportation Engineering and Construction Management 2885 South Horseshoe Drive Naples. FL 34104 BIDS WILL NOT BE ACCEPTED AFTER 2:00 P.M. ON MAY 25, 2007. THE BOARD OF COUNTY COMMISSIONERS RESERVES THE RIGHT TO REJECT ALL BIDS OR NEGOTIATE WITH THE QUALIFIED BIDDER ON OTHER PROVISIONS OF A CONTRACT. o Wn6a Item No. 1 EXMI April 24. Page 8 c PROJECT: Santa Barbara Blvd. FOLIO NO: 77010000104 REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into this day of 2007, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, FLORIDA, whose address is 3301 East Tamiami Trail, Naples, FL 34112 hereinafter referred to as SELLER, and whose address is hereinafter referred to as BUYER. WHEREAS, SELLER desires to sell, and BUYER desires to purchase, the property hereinafter described, at the price and on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: I. PREMISES. The real property, which is the subject of this Agreement, (hereinafter referred to as "Premises ") is located in Collier County, Florida, at 5605 Painted Leaf Lane, Naples, Florida 34112, and described as: Lot 2 Tract 108, Replat as recorded in Plat Book 19, Page 54, being a re- subdivision of Tract 108, Golden Gate Estates, Unit No. 30, as recorded in Plat Book 7, Page 58, Public Records of Collier County, Florida. The term Premises when used herein includes all fixtures, including built -in appliances, refrigerator, stove, dishwasher, washer, dryer, ceiling fans, wall -to -wall carpeting, and window coverings. 2. SALE and CONVEYANCE. SELLER agrees to sell and convey all of SELLER'S right, title and interest in and to the Premises to BUYER, and BUYER agrees to purchase the Premises from SELLER, at the price and upon the terms and conditions hereinafter set forth. 3. EXECUTION OF AGREEMENT. Execution of this Agreement by BUYER must occur on or before , 2007 with the Agreement being delivered to SELLER before 5 pm on such date. 4. TITLE. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed. BUYER'S obligation to close is contingent upon title to the Premises being good and insurable, subject to easements and restrictions common to the platted area. 5. PURCHASE PRICE. The Purchase Price ( "Purchase Price ") for the Premises is DOLLARS ($), payable by BUYER to SELLER. Concurrent, with the execution and delivery to SELLER of this Agreement, BUYER shall pay to SELLER, as earnest money hereunder ( "Earnest Money ") the sum of 00 /100 DOLLARS ($) representing ten percent, 10 %, of the purchase price. The balance, after credit of the Earnest Money and any prorations and adjustments, shall be paid by BUYER to SELLER at closing of this transaction. 6. PROPERTY CONDITION DISCLOSURES A. General. Seller represents that Seller knows of no facts or conditions materially affecting the value of the Property, except those which are readily observable by Purchaser, or which have not been disclosed to Purchaser by Seller in writing and furnished to Purchaser prior to the Effective Date of this Agreement. Agenda Item No. 1 April 24, 2 B. Radon Gas. Florida law requires the following disclosure: Radon is a Page 9 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. Seller has no knowledge of the existence of radon on the Property or any radon mitigation having been performed on the Property. C. 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 Purchaser are required to sign and attach to this Agreement, the addendum entitled "Lead -Based Paint and/or Lead -Based Paint Hazards Attachment to Sales Contract: Disclosure of Information and Acknowledgement." D. Mold. Molds are commonly found both indoors and outdoors. Interior infestation by certain molds may cause property damage and health problems for some persons. 7. DISCLAIMER OF WARRANTIES. BUYER understands and acknowledges that BUYER is purchasing the Premises in an "AS IS" condition and specifically and expressly without any warranties, representations or guarantees, either express or implied, of any kind, nature, or type whatsoever from or on behalf of the SELLER. The BUYER acknowledges and agrees that BUYER, in entering into this Agreement and purchasing the Premises, is not relying on any representations made by SELLER regarding the condition, future development potential, or use of the Premises. BUYER further acknowledges that BUYER has made and /or has been given an adequate opportunity to make such legal, factual and other inquiries and investigations as BUYER deems necessary, desirable or appropriate with respect to the Premises. Without in any way limiting the preceding, BUYER acknowledges and agrees that Buyer hereby waives, releases and discharges any claim that Buyer has, might have had, or may have against the SELLER with respect to the condition of the Premises. 8. PRORATIONS, ADJUSTMENTS and CLOSING COSTS A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing: 1. All installments or special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by BUYER. 2. All other items required by any other provision of this Agreement to be prorated or adjusted. 3. At the closing, the amount of proration and adjustments as aforesaid shall be determined or estimated to the extent practicable and the monetary adjustment shall be made between SELLER and BUYER. All such prorations and adjustment shall be final. B. BUYER hereby agrees to indemnify and hold harmless SELLER from and against each obligation of SELLER for which, and to the extent that, credit has been given to BUYER at the time of closing. C. BUYER shall pay for all costs associated with this transaction including, but not limited to the premium for lender and owners title insurance policies, charges for title search, title examination, and the title continuation through the date of deed recording, a survey (if desired by the buyer), documentary taxes, recording costs for the deed and _ any curative instruments. EXn`»„,LL"m No. pVV J_pf_4 it 24, Paae 10 9. DEFAULTS AND TERMINATION. If BUYER defaults hereunder, then provided SELLER is not in default, SELLER's sole remedy shall be to terminate this Agreement by giving Written Notice thereof to BUYER, whereupon the Earnest Money shall be retained by 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. The parties acknowledge and agree that SELLER'S actual damages in the event of BUYER'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. If SELLER defaults hereunder and such default has not been cured within thirty (30) days after Written Notice of such default to SELLER, and provided BUYER is not in default, BUYER may terminate this Agreement, whereupon the Earnest Money shall be returned to BUYER within thirty (30) days of receipt of Written Notice of default and neither party shall have any further liability or obligation to the other. Notwithstanding anything contained in this Agreement to the contrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy. 10. EXPENSES. Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'S attorneys' fees and Real Estate Commissions, if any), including, without limitation, recording fees, conveyance fees, public notice cost, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. 11. INTERMEDIARIES. Any and all brokerage commissions or fees brought about by the action of BUYER shall be the sole responsibility of the BUYER. BUYER shall indemnify SELLER and hold SELLER 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 BUYER as a real estate broker, salesman or representative, in connection with this Agreement, including costs and reasonable attorneys' fees incident thereto. This provision shall survive closing of this transaction. 12. CLOSING. Closing shall take place during normal business hours at the County Attorney's Office, Collier County Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within 90 days from the date SELLER executed this Agreement. 13. GENERAL PROVISIONS. A. This Agreement, including all exhibits attached hereto and documents to be delivered pursuant 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. B. This Agreement may be amended only by a written memorandum subsequently executed by all of the parties hereto. C. No waiver of any provision or condition of this Agreement by any party shall be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, act or default. D. Time is of the essence of this Agreement. In the computation of any period of time provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or legal holiday. E. In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. EXHAtT, C, ' m No. Pz 124, Page 11 F. Headings of paragraphs are for convenience of reference only, and shall not be construed as a part of this Agreement. G. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER, which consent may be withheld for any reason whatsoever. H. Any and all notices permitted, or required to be given hereunder, shall be in writing and shall be either personally delivered to the party or shall be sent by United States mail, postage prepaid, registered or certified mail to the following addresses. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. If to SELLER: Transportation Engineering & Construction Management Attn: Kevin Hendricks, Right -of -Way Acquisition Section 2885 South Horseshoe Drive Naples, Florida 34104 Telephone 239 - 774 -5874 Fax 239 - 213 -5885 With a copy to: Ellen T. Chadwell Assistant County Attorney Office of the County Attorney Harmon Turner Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone 239 - 774 -8400 Fax 239- 774 -0225 As to BUYER: Florida. I. This Agreement shall be governed in all respects by the laws of the State of J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all of the parties, and all of which shall be construed together as but a single instrument. K. Possession of the Premises shall be delivered to the BUYER at closing. L. The word "Closing" or words of similar import as used in this Agreement shall be construed to mean the originally fixed time and closing date specified herein or any adjourned time and date provided for herein or agreed to in writing by the parties, or any earlier date permitted herein. M. This Agreement is between SELLER and BUYER and no other party shall, under any circumstances, be deemed to be a beneficiary of any of the terms and conditions to be performed by SELLER pursuant to this Agreement. N. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. O. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the Earnest Money shall thereupon be retained by or paid to SELLER as liquidated damages for such default, and BUYER shall have no further interest in the Premises, pursuant to this Agreement or otherwise. EXunr ,,q da Item No. 1 4 17�W April 24, 2 07 P S d S Page 12 of 12 P. Any prior agreements, representations, understandings or oral statements, including, but not limited to rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral statements of sales representatives, if not expressed in this Agreement, are void, have no effect, and have not been relied upon by BUYER. 14. REAL ESTATE BROKERS Any and all brokerage commissions or fees shall be the sole responsibility of the Buyer and shall be paid at Closing. Buyer shall indemnity Seller from and against any aim or liability for commission or fees to any broker or any other person or party claiming to have been a procuring clause or engaged by Buyer as a real estate broker, salesman or representative, in connection with this Agreement. 15. OTHER PROVISIONS: A. In the event this Agreement is not approved by SELLER, then SELLER shall return the Earnest Money to BUYER within thirty (30) days of such non - approval by SELLER. B. SELLER has the right to maintain possession of the property until the day of closing. C. Buyer acknowledges receipt of a 2006 home inspection report and is aware that the Seller has not occupied or leased the residence since the date of the inspection report. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. AS TO SELLER: DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk AS TO PURCHASER: DATED: Witness (Signature) Name: (Print or Type) Witness (Signature) (Print or Type) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, BY: JAMES COLETTA, Chairman BY: Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney Agenda Item No. 1685 April 24, 2007 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to award Bid #07 -4113 for "Preparation and Delivery of Title Commitments and Real Estate Closing Services" to American Government Services, Emmanuel LLC Title Services, Executive Title Insurance Services, First American Title Insurance Company, Collier Abstract, First Title and Abstract, Midwest Title Company and South Florida Trust & Title Company. Annual expenditures are estimated to be $300,000. OBJECTIVE: To place title companies under annual contracts for use by the Right of Way Acquisition Section of the Transportation Engineering & Construction Management Department and the Real Estate Services Section of the Facilities Management Department. CONSIDERATIONS: The offices of the Right of Way Acquisition Section of the Transportation Engineering & Construction Management Department and the Real Estate Services Section of the Facilities Management Department utilize "outsourced" service providers to prepare and obtain title commitments for prospective right -of -way and other land acquisitions. These services include the preparation of title commitments (search and examination of title), the issuance of title policies, and the preparation and recording of real estate instruments required to clear title and close real estate transactions. On March 2, 2007, 128 bid notices were sent out by the Purchasing Department. Ten (10) bid responses were received on March 26, 2007 and one (1) bid was considered non- responsive. Due to the aggressive schedule requirements for upcoming right -of -way and site acquisition offices (primarily in support of aggressive Transportation and Public Utilities work programs), it was determined by staff to be in the best interests of the County to award the bid to the following eight (8) firms on a rotation basis: 1 American Government Services Corp. 2 Emmanuel, LLC, Title Services 3 Executive Title Insurance Services, Inc. 4 First American Title Insurance Company 5 Collier Abstract, Inc. 6 First Title and Abstract, Inc. 7 Midwest Title Company 8 South Florida Trust and Title Company FISCAL IMPACT: None. The annual agreements are "standing" agreements governing the price and delivery of title commitments, endorsements, title insurance, and real estate closing services. When these services are required by Collier County, they are paid for from each particular capital improvement project's budget. As such, payments for title services are authorized by the Board as each capital improvement project is authorized by the Board. Please refer to the attached bid tabulation sheet for the fee schedule for each firm. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATIONS: That the Board of County Commissioners of Collier County, Florida: Approve the award of Bid #07 -4113, Annual Agreement for Preparation and Delivery of Title Commitments and for Real Estate Closing Services to the eight (8) firms listed in this Executive Summary. Prepared by: Kevin E. Hendricks, Right -of -Way Acquisition Manager Attachment: Bid Tabulation Sheet Agenda Item No. 1685 April 24, 2007 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ..W Item Number: 1685 Item Summery: Recommendation to Award Bid #07 -0113 for Preparation and Delivery of Title Commitments and Real Estate Closing Services. Fiscal Impact. None. Meeting Date: 4124/2007 5 00'.00 AM Prepared By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM -ROW 41612007 9: 54: 06 AM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM ROW 4161200711: 26 AM Approved By Toni A. Mott Real Property Supervisor Date Administrative Services Facilities Management 419120D72: 11 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Data Transportation Services Transportation Services Atlmin. 4110120072: 07 PM Approved By Najeh African Director Date Transportation Engineering 8 Transportation Services 011120079: 14 AM Construction Management Approved By Skip Camp, C.F.M. Facilities Management Director Data Administrative Services Facilities Management 4111120079: 400.M -"' Approved By Lou Golden Price Administrative Services Administrator Data Administrative Services Administrative Services Atlmin, 411112007 10:24 AM Approved By Lisa Taylor Maoagemeptamclat Analyst Date Transportation Services Transportation Administration 41111200711: 17 AM Approved By Sharon Newman Aceoungg, Supervisor Date Transportation Services Transportation Services Admen 4111/2007 1.11 PM Approved By Brands Brilhart Purchasing Agent Do. Administrative Services Purchasing W1220073. 34 PM Approved By Mike Hauer Acquisition Manager Data Atlministrative Services Purchasing 4112120073: 41 PM Approver) By MlkeHauer Acquisition Manager Date Administrative Services Purchasmg 4112120073: 41 PM Approved By Pat Lehnhard Executive Secretary Data Transpertahon Services Transportation Services Atlmin 4112120073'. 49 PM Approved By OMB C ... dmalor Administrative Assistant Data �. County Managers Office Office of Management B Budget V13120079,21 AM Approved By Mark lsackson Budget Analyst Date County Manager's ONice Office of Management B Budget 411 312007 11: 55 AM Approved By Agenda Item No 1Fi85 April 24, 2007 Page 3 of 4 Michael Smykowski Management& Budget Director Data County Managers Office Office of Management & Budget 4/16/2007 6:67 PM Approved By James V. Mudd County Manager Date Board of County County Managers Office 4171200712:21 PM Commissioners 'r a � p, o tea? c o N m Q � IL xs C U Ys N c V a e N L i c o � a E E U a a a U c o M1 N Y m b R'd i d aoo 9- � T o O o O inoo�no M1 O vi N O S 9 p !" av � N 5 Vi Vf tV lV fV C � E y 6 _ i c $ N p h r � O c E 0 m 0 vU y T o V� Z s U .. m ^ v 9 v � y H ss cs w w w cv w w m � Z T � v a z 3 tea' E r„ `am Err E 3 y O c o C 9 y L O v 3 U a m c H a u � €c •. 0 3 p V1 M O Vl Vi N N N O M O al ` O O r O� 0 O i3Oy N t M1 N y W M M1 O z t V � M1 00 Vl V'1 N N N O y h v c a o N V1 Y) N N N vl M1 E E y a y o o h ro�nNO oo ono o o .o � Y h zo m E u Z z V E w u P N M1 Vl Vl N N N vl y L •� M ^ 0 _ V O ^1 U va v> w vi oz sv w cs 'z, 1-4 v m v va d v 0 ai 'o m S B 9 t E E m L av b 5 m � E i c $ N p r � c E 0 m 0 vU y T o V� s .. m ^ v 9 9 H m � T � v a z 3 tea' E r„ `am Err E 3 5$ c o C 9 y L v 3 U a m c H a u � €c •. 0 3 Agenda Item No. 1626 April 24. 2007 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve a one year traffic reservation extension associated with the approval of the Traffic Impact Statement (TIS) submitted with the Verona Walk Phase 4C and 4D PPL AR #9241 OBJECTIVE: To obtain Board of County Commissioners' approval of the one year extension for traffic reservation associated with an approved TIS for 245 single family units submitted with the Verona Walk 4C and 4D PPL AR #9241. CONSIDERATIONS: On March 23, 2006 the TIS that was submitted as part of the PPL application for 245 single family units was approved. The traffic reservation associated with the TIS approval is nearing the one year expiration date. Pursuant to Section 10.02.07.C.4.f of the Land Development Code, the applicant is requesting the Board to approve a one year extension for the traffic reservation. The owner will resubmit the responses to staff comments on the Verona Walk 4C and 4D PPL AR #9241 within the next two months; but will most likely not be approved before the traffic reservation expiration date. Therefore, the BCC approval of an extension is necessary. Staff has reviewed the PUD for compliance and has identified the following outstanding items that now need to be addressed as provided for in the PUD /DRI. A portion of the sidewalk is missing on Sabal Palm Road. The payment for the Collier Blvd. entrance traffic signal is now due. The fair share (based on a traffic study) for the Collier/Davis and Collier/US41 intersections are now due. The developer has agreed to address the items within 180 days of the approval of this extension and prior to any additional approvals. Staff has recently notified the developer regarding the fair share items and the County is awaiting the final construction costs prior to billing the developer. FISCAL IMPACT: There is no fiscal impact for the approval of this extension. GROWTH MANAGEMENT IMPACT• The proposed traffic reservation extension for this project is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board approves the one year extension of the traffic reservation associated with TIS approval, and authorize the County Manager or his Designee to prepare the necessary documentation to comply with the Board's direction. Prepared By: Nick Casalanguida, Transportation Planning Manager Attachments: 1) Letter Dated March 8, 2007; 2) Section 10.02.07.C.4.f of LDC Agenda Item No, 16B6 April 24, 2007 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16B6 Item Summary: Recommendation to approve o one year r affc reservation extension assodatad ,,in the approval of the Traffic Imoact Statement MS) submitted with the Verona Walk Phaae 4C and 4D PPL F,R49241. Meeting Date: 4/2412007 9.00:00 AM Prepared By Nick Casalanguida Project Manager Dale Tansportation Services Transportation Planning 41612007 8:03:11 AM Approved By Nick Casale nguida Project Manager Date Transportation Sernces Transportation Planning 41612007 8:09 AM Approved By Donald L Scott Transportation Planning Director Dale Transportation Services Transportation Planning 610120077:18 AM Approved By Norm L Feder, AICP Transportation Division Adermostrater Data Transportation Services Transportation Services Armin. 4110120072: 10 PM Approved By Sharon Nowman Aver.d ing Supervisor Date Transpnnation Services Transportation Services Anmin 4!1212007 J: 46 PM Approved By Pat Lohmmard Executive Sorrow, Gate Tem,mRntion Services Trans portation Services Admen W12i211ZS1 PM —_ Approved By OM6 C.dmmafor Administrative Assistant Date County Managers Office Office or Management a Elmer 411312007 9:21 AM Approved By Mark lesekson Cringer Analyst Date County Managers Office Office of Management 8 budget 4/131200' 402 PM Approved By James V. Made County Manager Date Boats of County Commissioners County teenager's Office 614120079:37 AM Agenda Item No. 16136 April 24, 2007 Page 3 of 4 Section 10.02.07.C.4.f of the LDC Traffic Capacity Reservation for all or part of the proposed development may be approved and secured at application pending approval of the final subdivision plat, site development plan or building permit upon acceptance of the TIS by the Transportation Administrator as part of a complete Application Request (AR) deemed sufficient for review for the proposed development by the CDES Division. The Transportation Administrator will notify the applicant of any traffic capacity reservation via facsimile per section 10.02.07 CA.c. Traffic capacity reservations will be awarded to the development upon: approval of the COA and final development order per section 10.02.07 CA.e. payment of road impact fees in accordance with section 10.02.07 CA.e.; and Proportionate Share Payment, if applicable, in accordance with section 6.02.01. Traffic capacity reservations approved under this section will expire in one (1) year, from the TIS approval and determination of available capacity, unless the final local development order for the development is approved, or the Board approves an extension to the one (1) year time period. Agenda Item No. 16136 April 24, 2007 GOODLETTE COLEMAN &JOHNSON, P.A. Page 4 of 4 Kevin G. Coleman J. Dudley Goodlette Kenneth R. Johnson Richard D. Yovanovich Edmond E. Koester Mr. Nick Casalanguida Collier County Transportation 2885 South Horseshoe Drive Naples, FL 34104 Dear Nick: ATTORNEYS AT LAW Northern Trust Bank Building 4001 Tamiami Trail North Naples, F134103 (239) 435 -3535 (239) 435-1218 Facsimile March 8, 2007 Linda C. Brinkman Stephen C. Pierce Gregory L. Urbancic William M. Burke Craig D. Grider Matthew L. Grabinski Matthew R Galloway Matthew M. Jackson Alex R. Figares Jeffrey J. Beihoff Kevin L. Dees Writer's e-mail: ryovanovich(dgcilaw com Subject: Verona Walk Phase 4C and 4D AR#9241 Via E -Mail On March 23, 2006 the TIS that was submitted as part of the Site Development Plan (SDP) application for 248 single family units was approved. The traffic reservation associated with the TIS approval is nearing the one year expiration date. Pursuant to Section 10.02.07.C.4.f of the Land Development Code, we are requesting that the Board of County Commissioners (BCC) approve a one year extension of the traffic reservation associated with the approval of the TIS. As you know, the owner has been diligently pursuing the final approval of the SDP. The responses to staff comments on the SDP will be resubmitted within the next nvo months but will most likely not be approved before the traffic reservation expiration date. Therefore, BCC approval of an extension is necessary. Please let me know when this matter is scheduled for BCC consideration. If you have any questions or need additional information regarding this matter, please feel free to contact me. Very truly yours, _4_" ""�, Richard D. Yovanovich Cc: Richard McCormick Reid Schermer Michael Hueniken Agenda Item No. 1667 April 24, 2007 EXECUTIVE SUMMARY Page 1 of 3 Recommendation to request the Board of County Commissioners to approve $4,500 from the Freedom Memorial Fund (620) to be allocated toward hiring a professional grant writing service for fundraising purposes. OBJECTIVE: To receive Board approval of a Memorandum of Understanding with Grants Pro of Ft. Myers in the amount of $4,500 to solicit grant funding from private foundations to raise funds for the construction of the Collier County Freedom Memorial. CONSIDERATIONS: On June 28, 2005, the Board approved resolution No. 2005 -259 declaring a public purpose for the solicitation of donations and the receipt of donations to construct a Freedom Memorial for Collier County. As of April 16, 2007, approximately $32,900 in private donations has been collected for the construction of the memorial ($20,800 from brick donations and $12,100 from general donations). The Freedom Memorial Task Force is recommending the expenditure of $4,500 from the Freedom Memorial Fund to enter into a Memorandum of Understanding (MOU) with Grants Pro of Ft. Myers to solicit foundation grant funding for the memorial. Under the MOU, Grants Pro will develop a minimum of 100 applications for grant funding using text edited and approved by the Task Force. Grants Pro will also assist with follow up phone calls and letters to evaluate the level of interest among those foundations that are being solicited. The Freedom Memorial Task Force sought proposals from professional fundraisers to assist with the Freedom Memorial construction campaign. The Task Force received four proposals and, given the limited funds available for such a purpose, is recommending the hiring of Grants Pro as the most cost- effective means available to help raise funds for the memorial. The Task Force has worked with the county's grants coordinator for approximately six months; however, no government grant opportunities for a memorial of this nature have become available. Grants Pro will be seeking grant opportunities from privately funded companies and foundations. The memorial will be located at the Gordon River Water Quality Park and is designed to take advantage of the passive nature of the park. The $2 million memorial will be located in an area that is highly visible from Golden Gate Parkway (east/west bound) and is expected to be visited frequently by students, visitors and residents during veteran holidays and events. FISCAL IMPACT: Funds are available within the Freedom Memorial Fund (620). The source of funding is the private general donations being made to finance the estimated $2 million cost of the memorial. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. Agenda Item No. 1667 April 24, 2007 Page 2 of 3 LEGAL CONSIDERATIONS: The task force consulted with the County Attorney's office concerning the spending of Freedom Memorial Fund (620) money for fundraising purposes and has been advised to seek approval from the Board before proceeding with this endeavor. RECOMMENDATION: That the Board of County Commissioners approve the proposal to enter into a Memorandum of Understanding with Grants Pro of Fort Myers in the amount of $4,500 to provide professional grant writing services to solicit donations for the construction of the Collier County Freedom Memorial. Prepared By: Margaret Bishop, Senior Project Manager, Transportation Services Division, Stormwater Management Department Agenda Item No, 1667 April 24, 2007 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 1687 Item Summary: Recommendation to request the Board of County Commissioners to approve S4, 500 from the Freedom Memorial Fund i620j to be allocated toward hiring a professional grant writing service for funderning purposes_ Meeting Date: 412412007 9 00 30 AM Prepared By Margaret A. Bishop project Manager Date Transportation Societies Stammerer Management 4116120074:53'.31 PM Approved By Margaret A. Bishop anneal Manager Data Transportation Services Stormwater Management 4116120074'. 53 PM Approved By Rhonda Form ert Contract Specialist Data Administrative Services Purchasing 411612007 5:10 PM Approved By Norm E Feder, AICP Transportation Division Administrator Data Trideporratien Services Trmmardence Services Admin. 4117120078: 14 AM Approved By Sharon Newman Accounting Supervisor Data Transportation Services Transportation Services Admin 411712D073:44 PM Approved By Steve Carvell PunchasinglGeneral SVCs Direetor Date Amerm,hMee Sa,i.a purchasing 4%1712007410 PM -.. Approved By Pat Lehnhrod Executive Secretary Date Transponatlon Sen4ces Transportation Services Admin 4117120074: 15 PM Approved By Michael Smykowski Management& Budget Director Data County Managers Office Office of Management & Budget 411712007 438 PM Approved By James V. Mudd County Manager Data Board of County Commissioners County Managers Office 411712007 6 11 PM Agenda Item No. 16C1 April 24, 2007 Page 1 of 31 EXECUTIVE SUMMARY Recommendation to approve, execute and record Satisfactions for certain Water and /or Sewer Impact Fee Payment Agreements. Fiscal impact is $245.00 to record the Satisfactions of Lien. OBJECTIVE: Recommendation that the executes Satisfactions for the Agreement and /or Sewer System Impact Fees. Board acknowledges full payment, and To Extend Installment Payment of Water CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as Ex- Officio the Governing Board of the Collier County Water Sewer District, is the owner and holder of the Notice of Promise to Pay and Agreement to Extend Payment of Water and /or Sewer System Impact Fees executed by: SEE ATTACHED EXHIBIT "A" Full payment and satisfactions of these agreements have been made. The County Attorney's Office has reviewed and approved the satisfactions. FISCAL IMPACT: Satisfaction of these agreements has increased the cash flow in the water impact fee (Fund 411) by zero dollars and sewer impact fee (Fund 413) by $19,255.69. The fiscal impact for recording the Satisfactions of Lien is approximately $245.00, which is to be charged to (Fund 408) the County Water/ Sewer Operating Fund Utility Billing cost center. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: Recommendation to acknowledge full payment and the satisfactions of these agreements and to surrender the same as canceled. Authorize the Chairman to execute the Satisfactions of Notice of Promise to Pay and Agreement. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service. Agenda Item No. 16C1 April 24, 2007 Page 2 of 31 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 15C1 Item Summary: Recommendation to approve, execute and record Satisfactions for celtam Water andlor Sewer Impact Fee Payment Agreements_ Fiscal Impact is $245 00 t0 record the SBtmfaetlOnB of am Meeting Date: 4/24/2007 9.00'.00 AM Prepared By Pam Calils Revenue Supervisor Data Public Utilities UBCS 3/29120074:19:12 PM Approved By Teresa Rieam Revenue Manager Data Public Utilities UBCS 31301200910: 15 AM Approved By Pam Cailis Revenue Supervisor Data Public Utilities UBCS 313012007 1:37 PM Approved By Thomas Wide. Operations Director Data Public Utilities Public Utilities Operations 313012007 3:04 PM Approved By John A. Yonkosky Until, Billing Director Dme Public Utilities UBCS 41412007 9:43 AM Approved By James W. DeJ m, Public Utilities Administrator Date Public Utilities Public Utilities Adminietnerme 41512007 8:32 AM ._... Approved By OMB Coordinator AdmireAr, ive Assistant Date unel ltanagers Office Office of Management 9 Budget 411112007 7:31 AM Approved By Susan Usher Senior Managemnd(Budlue Analyst pate County Managers Office Office of Management a Budget 4111/2007 9:18 AM Approved By Michael Smykowski Management & Budget Director Data County Managers Office Office of Management It Budget 411320079:05 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Managers Office 41141200710:10 AM Agenda Item No. 16C1 April 24, 2007 Page 3 of 31 EXHIBIT "A" 1. Douglas Carlson, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00). Folio #81620200005. 2. Jean C. Ferguson, securing the principal balance of one thousand one hundred and eighty dollars and no cents ($1,180.00). Folio #31155006009 3. Donna Lou Hammond Hays, an unremarried widow, securing the principal balance of one thousand one hundred and eighty dollars and no cents ($1,180.00). Folio #48485120004. 4. Juan J. Hernandez and Karla R. Hernandez, husband and wife, securing the principal balance of one thousand one hundred and eighty dollars and no cents ($1,180.00). Folio #81630200008. 5. Jay W. Kowalski and Sandra Kowalski, husband and wife, securing the principal balance of one thousand one hundred and eighty dollars and no cents ($1,180.00). Folio #48480880006. 6. Janice Longacre, securing the principal balance of seven hundred twenty nine dollars and eighteen cents ($729.18). Folio #68344560002. 7. Joseph E. Massaro and Margaret I. Massaro, his wife, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00). Folio #81629800008. 8. William P. McCauley and Rosemary McCauley, husband and wife, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00). Folio #00735160008. 9. John F. McDermott, a single person, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00). Folio #81623400006. 10. Alcibiades Ramirez and Narda L. Ramirez, husband and wife, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00). Folio #48483400001. 11. Christine J. Rocchetti, a single woman, aka Christine J. Smith, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00). Folio #81627560007. Agenda Item No. 16C1 April 24, 2007 Page 4 of 31 EXHIBIT "A" Page 2 of 2 12. Zenon C. Santos and Yathmin Del Valle Soto, as joint tenants with right of survivorship, parties of the second part, grantees, securing the principal balance of one thousand one hundred eighty dollars ($1,180.00). Folio #81628000003. 13. Jose H. Solis and Yolanda Arizmendi, securing the principal balance of seven hundred twenty nine dollars and eighteen cents ($729.18). Folio #68343360009. 14. James L. Sutt and Marva L. Sutt, husband and wife, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00). Folio #68891880002. 15. Andre Vancol and Desilia Leandre, husband and wife, securing the principal balance of two thousand four hundred fifty seven dollars and thirty three cents ($2,457.33). Folio #62264240000. 16. Rocco Volino and Martha Volino, husband and wife, and Anna Velez, an unremairied widow, all as joint tenants with right of survivorship, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00). Folio #81630320001. Agenda Item No. 16C1 April 24, 2007 Page 5 of 31 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND /OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Douglas M. Carlson Whose mailing address is 141 Islamorada Naples, Fl. 34114 Bearing the date of the 6" day of October 1999, recorded in Official Record Book 2598 Page(s) 3058, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO. 5, WEST WIND MOBILE HOME ESTATES, A CONDOMINIUM, AS MORE FULLY SHOWN IN OFFICIAL RECORD BOOK 630, PAGES 1883 THROUGH 1932, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 81620200005 Collier County, a political subdivision of the State of Florida, and the Collier County Water -Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex- Officio the Governing Board of the Collier County Water -Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2007. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT JAMES COLETTA, CHAIRMAN Agenda Item No. 16C1 April 24, 2007 Page 6 of 31 -- Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND /OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: JEAN C. FERGUSON Whose mailing address is 24 -T TURQUOISE AVE NAPLES, FL 34114 Bearing the date of the 23RD day of August 1999, recorded in Official Record Book 2584 Page(s) 0428, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 24TU, OF ENCHANTING SHORES MOBILE HOME AND RECREATION VEHICLE PARK, ACCORING TO THE GROSS SURVEY, EXHIBIT "A" ATTACHED HERETO, FOR A TERM COMMENCING ON THE 7TH DAY OF JANUARY 1997, AND RENEWABLE IN ONE YEAR TERMS THEREAFTER, UNLESS SOONER TERMINATED, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED IN THE CERTAIN MASTER FORM EXCLUSIVE RIGHT OF POSSESSION AGREEMENT WHICH FORM AND ALL AMENDMENTS THERETO ARE INCORPORATED HEREIN BY REFERENCE, THE ORGINAL OF WHICH IS MAINTAINED IN THE OFFICE OF THE OWNER 17 TURQUOISE AVE., NAPLES, FLORIDA, AND IS RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN OFFICIAL RECORDS BOOK 1328, AT PAGES 1723 TO ET ALL, INCLUSIVE. FOLIO NUMBER: 31155006009 Collier County, a political subdivision of the State of Florida, and the Collier County Water -Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex- Officio the Governing Board of the Collier County Water -Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, A by action of the Board this _ day of , 2007. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel County Attorney Agenda Item No. 16C1 April 24, 2007 Page 7 of 31 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT JAMES COLETTA, CHAIRMAN Agenda Item No. 16C1 April 24, 2007 Page 8 of 31 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND /OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: DONNA LOU HAMMOND HAYS,AN UNREMARRIED WIDOW Whose mailing address is 11550 BASIN STREET CONNEAUT LAKE, PA 16316 Bearing the date of the 7" day of September 1999, recorded in Official Record Book 2589 Page(s) 0933, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO. G -201 OF GULF WINDS EAST, A CONDOMINIUM, AS RECORDED IN CONDOMINIUM PLAT BOOK 4, AT PAGES 153 -154, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TOGETHER WITH THE PRO -RATA INTEREST IN THE COMMON ELEMENTS, AND COMMON PROPERTY, OF THE CONDOMINIUM AND LIMITED COMMON ELEMENTS APPURTENANT THERETO, MORE PARTICULARLY DELINEATED AND IDENTIFIED IN THE DECLARATION OF CONDOMINIUM OF GULF WINDS EAST, A CONDOMINIUM, AS RECORDED IN OFFICIAL RECORDS BOOK 508, PAGES 165 THROUGH 224, INCLUSIVE, AS COMPLETELY AMENDED IN OFFICIAL RECORDS BOOK 939, PAGES 1170 THROUGH 1236, AND AS AMENDED BY THE FINAL SURVEYOR'S CERTIFICATE AND OTHER AMENDMENTS THERETO, ALL OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 48485120004 Collier County, a political subdivision of the State of Florida, and the Collier County Water -Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex -Officio the Governing Board of the Collier County Water -Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER Agenda Item No. 16C1 April 24, 2007 Page 5 of 31 COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT Approved as to form and legal sufficiency: David C. Weigel JAMES COLETTA, CHAIRMAN County Attomey Agenda Item No. 16C1 April 24, 2007 Page 10 of 31 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND /OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: JUAN J. HERNANDEZ AND KARLA R. HERNANDEZ, HUSBAND AND WIFE Whose mailing address is 231 Indian Key lane Naples, Fl. 34114 Bearing the date of the 7°i day of September 1999, recorded in Official Record Book 2589 Page(s) 0928, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier -° County, Florida, described as follows: UNIT 255, WEST WIND MOBILE HOME ESTATES, A CONDOMINIUM AS MORE FULLY SHOWN IN OFFICIAL RECORD BOOK 630, PAGES 1863, THROUGH 1932 INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS AMENDED; TOGETHER WITH ALL UNDIVIDED INTERESTS IN THE COMMON ELEMENTS OR SURPLUSES ACCRUING TO SAID PROPERTY. INCLUDING 1977 24 FOOT BY 48 FOOT SHERATON MOBILE HOME, SERIAL NUMBER 13DO1272 "A" AND "B" WITH ALL ATTACHMENTS AND IMPROVEMENTS THEREON. FOLIO NUMBER: 81630200008 Collier County, a political subdivision of the State of Florida, and the Collier County Water -Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex- Officio the Governing Board of the Collier County Water -Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER Agenda Item No. 16C1 April 24, 2007 Page 11 of 31 COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT Approved as to form and legal sufficiency: David C. Weigel JAMES COLETTA, CHAIRMAN County Attorney Agenda Item No. 16C1 April 24, 2007 Page 12 of 31 ---- Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND /OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: JAY W KOWALSKI AND SANDRA KOWALSKI, HUSBAND AND WIFE Whose mailing address is 6123 DELLWOOD DR TOLEDO, OHIO 43613 Bearing the date of the 7' day of September 1999, recorded in Official Record Book 2589 Page(s) 0943, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO. B -104 OF GULF WINDS EAST, A CONDOMINIUM, AS RECORDED IN CONDOMINIUM PLAT BOOK 4, AT PAGES 153 -154, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TOGETHER WITH THE PRO -RATA INTEREST IN THE COMMON ELEMENTS AND COMMON PROPERTY OF THE CONDOMINIUM AND LIMITED COMMON ELEMENTS APPURTENANT THERETO, MORE PARTICULARLY DELINEATED AND IDENTIFIED IN THE DECLARATION OF CONDOMINIUM OF GULF WINDS EAST, A CONDOMINIUM, AS RECORDED IN OFFICAL RECORDS BOOK 508, AT PAGES 165 THROUGH 224, INCLUSIVE, AS RECORDED IN OFFICAL RECORDS BOOK 942, PAGE 52 THROUGH 56, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND ANY AMENDMENTS THERETO. FOLIO NUMBER: 48480880006 Collier County, a political subdivision of the State of Florida, and the Collier County Water -Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex- Officio the Governing Board of the Collier County Water -Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER Agenda Item No. 16C1 April 24, 2007 Page 13 of 31 COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT Approved as to form and legal sufficiency: David C. Weigel JAMES COLETTA, CHAIRMAN County Attorney Agenda Item No. 16C1 April 24, 2007 Page 14 of 31 - - -- Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND /OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Janice Longacre Whose mailing address is 118 Moon Bay St Naples FL 34114 Bearing the date of the 3rd day of June 1999, recorded in Official Record Book 2554 Page(s) 0041, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Seven Hundred Twenty Nine and Eighteen Cents ($729.18) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 118, PORT -AU- PRINCE, ACCORDING TO THE PLAT RECORDED AT PLAT BOOK 13, PAGE 51 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 68344560002 Collier County, a political subdivision of the State of Florida, and the Collier County Water -Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex- Officio the Governing Board of the Collier County Water -Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2007. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT JAMES COLETTA, CHAIRMAN Agenda Item No. 16C1 April 24, 2007 Page 15 of 31 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND /OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Joseph E. Massaro and Margaret I. Massaro, his wife Whose mailing address is 260 Mataecumbe Ln Naples, Fl. 34114 Bearing the date of the 6'" day of October 1999, recorded in Official Record Book 2598 Page(s) 3038, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO. 245, WEST WIND MOBILE HOME ESTATES, A CONDOMINIUM AS MORE FULLY SHOWN IN OFFICIAL RECORD BOOK 630, PAGES 1883 THROUGH 1932, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; TOGETHER WITH ALL UNDIVIDED INTEREST IN THE COMMON ELEMENTS OR SURPLUSES ACCRUING TO SAID PROPERTY. SUBJECT TO THE TERMS AND CONDITIONS OF THE AFOREMENTIONED DECLARATION OF CONDOMINIUM, EASEMENTS, RESTRICITIONS, RESERVATIONS OF RECORD, AND TAXES FOR THE CURRENT YEAR. FOLIO NUMBER: 81629800008 Collier County, a political subdivision of the State of Florida, and the Collier County Water -Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex- Officio the Governing Board of the Collier County Water -Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _day of , 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA, AS THE Agenda Item No. 16C1 April 24, 2007 Page 16 of 31 GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT Approved as to form and legal sufficiency: David C. Weigel JAMES COLETTA, CHAIRMAN County Attorney Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Agenda Item No. 16C1 April 24, 2007 Page 17 of 31 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND /OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: William P. McCauley and Rosemary McCauley, Husband and Wife Whose mailing address is 855 Manatee Rd Naples, Fl. 34114 Bearing the date of the 29th day of October 1999, recorded in Official Record Book 2606 Page(s) 1041, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 26, BLOCK B, UNIT NO. 2, RIVERWOOD (NOT RECORDED). BEING A PORTION OF SECTION 10, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEGIN AT POINT BEARING NORTH 89• 20'26" WEST AND DISTANT 60.0 FEET FROM THE SOUTHEAST CORNER OF LOT 14 OF BLOCK B RIVERWOOD UNIT TWO, AS RECORDED IN PLAT BOOK 10, ON PAGE 90 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: THENCE RUN SOUTH 00. 39' 34" WEST. 110.0 FEET TO THE NORTH RIGHT OF WAY LINE OF COUNTY ROAD 31: THENCE ALONG SAID RIGHT OF WAY LINE, NORTH 89. 20' 26" WEST, 60.00 FEET: THENCE LEAVING SAID RIGHT OF WAY LINE, NORTH 00. 39'34" EAST, 110.0 FEET: THENCE SOUTH 89. 20'26" EAST, 60.0 FEET TO THE POINT OF BEGINNING. THE NORTHERLY 6 FEET RESERVED FOR A UTILITY EASEMENT. FOLIO NUMBER: 00735160008 Collier County, a political subdivision of the State of Florida, and the Collier County Water -Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex- Officio the Governing Board of the Collier County Water -Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2007. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel County Attorney Agenda Item No. 16C1 April 24, 2007 Page 18 of 31 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT JAMES COLETTA, CHAIRMAN Agenda Item No. 16C1 April 24, 2007 Page 19 of 31 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND /OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: John F McDermott, A Single Person Whose mailing address is 141 Lime Key Lane Naples, FI 34114 Bearing the date of the 18'" day of AUGUST,1999, recorded in Official Record Book 2582 Page(s) 2972, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: THAT CERTAIN CONDOMINIUM PARCEL COMPOSED OF UNIT NO. 85, WEST WIND MOBILE HOME ESTATES, A CONDOMINIUM, AND AN UNDIVIDED SHARE IN THE COMMON ELEMENTS APPURTENANT THERETO IN ACCORDANCE WITH AND SUBJECT TO THE COVENANTS, RESTRICTIONS, TERMS, AND OTHER PROVISIONS OF THE DECLARATION THEREOF RECORDED IN OFFICIAL RECORD BOOK 630, PAGES 1883 THROUGH 1932, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND SUBSEQUENT AMENDMENTS THERETO. FOLIO NUMBER: 81623400006 Collier County, a political subdivision of the State of Florida, and the Collier County Water -Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex- Officio the Governing Board of the Collier County Water -Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA, AS THE Agenda Item No. 16C1 April 24, 2007 Page 20 of 31 GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT Approved as to form and legal sufficiency: David C. Weigel JAMES COLETTA, CHAIRMAN County Attorney Agenda Item No. 16C1 April 24, 2007 Page 21 of 31 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND /OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: ALCIBIADES RAMIREZ AND NARDA L. RAMIREZ, HUSBAND AND WIFE Whose mailing address is 1018 MANATEE RD NAPES, FL. 34114 Bearing the date of the 19'" day of November 1999, recorded in Official Record Book 2613 Page(s) 0406, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT 107, BUILDING E, GULF WINDS EAST CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM RECORDED IN OFFICIAL RECORDS BOOK 508, PAGE 165 AND ANY AMENDEMENTS THERETO, TOGETHER WITH THE PRO -RATA INTEREST IN THE COMMON ELEMENTS AND COMMON PROPERTY OF THE CONDOMINIUM AND LIMITED COMMON ELEMENTS APPURTENANT THERETO, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 48483400001 Collier County, a political subdivision of the State of Florida, and the Collier County Water -Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex- Officio the Governing Board of the Collier County Water -Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2007. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT JAMES COLETTA, CHAIRMAN Agenda Item No. 16C1 April 24, 2007 Page 22 of 31 ._.. Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND /OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: CHRISTINE J ROCCHETTI, A SINGLE WOMAN AKA CHRISTINE J SMITH Whose mailing address is 220 GRASSY KEY LANE NAPLES, FL 34114 Bearing the date of the 161° day of July,1999, recorded in Official Record Book 2571 Page(s) 1743, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO. 189, WEST WIND MOBILE HOME ESTATES, A CONDOMINIUM AS MORE FULLY SHOWN IN OFFICAL RECORD BOOK 630, PAGES 1883 THROUGH 1932, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; TOGETHER WITH ALL UNDIVIDED INTEREST IN THE COMMON ELEMENTS OR SURPLUSES ACCRUING TO SAID PROPERTY. SUBJECT TO THE TERMS AND CONDITIONS OF THE AFOREMENTIONED DECLARATION OF CONDOMINIUM, EASEMENTS RESTRICTIONS, RESERVATIONS OF RECORD AND TAXES FOR THE CURRENT YEAR. ALSO INCLUDING A 1976 HOMETTE 12'X 64' MOBILE HOME. SERIAL NUMBER 0361.8375 WITH ALL THE ATTACHMENTS AND IMPROVEMENTS. FOLIO NUMBER: 81627560007 Collier County, a political subdivision of the State of Florida, and the Collier County Water -Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex -Officio the Governing Board of the Collier County Water -Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA, AS THE Approved as to form and legal sufficiency: David C. Weigel County Attorney Agenda Item No. 16C1 April 24, 2007 Page 23 of 31 GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT JAMES COLETTA, CHAIRMAN Agenda Item No. 16C1 April 24, 2007 Page 24 of 31 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND /OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: ZENON C SANTOS AND YATHMIN DEL VALLE SOTO , AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP, PARTIES OF THE SECOND PART, GRANTEES. Whose mailing address is C/O MARTHA VOLINO 1580 RAINBOW CT MARCO ISLAND, FL 34145 Bearing the date of the 18' day of August,1999, recorded in Official Record Book 2582 Page(s) 2957, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NUMBERS 199 AND 200, WEST WIND MOBILE HOMES ESTATES, A CONDIOMINIUM AS MORE FULLY SHOWN IN OFFICIAL RECORDS OF COLLIER COUNTY, FLORIDA, TOGETHER WITH AN UNDIVIDED INTERESTS IN THE COMMON ELEMENTS. FOLIO NUMBER: 81628000003 Collier County, a political subdivision of the State of Florida, and the Collier County Water -Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex- Officio the Governing Board of the Collier County Water -Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2007. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT JAMES COLETTA, CHAIRMAN Agenda Item No. 16C1 April 24, 2007 Page 25 of 31 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND /OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Jose H. Solis and Yolanda Adzmendi Whose mailing address is 87 Isle of St. Thomas Naples, Fl 34114 Bearing the date of the 11th day of October 1999, recorded in Official Record Book 2600 Page(s) 3032, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Seven Hundred Twenty Nine Dollars and Eighteen Cents ($729.18) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 87, PORT -AU- PRINCE, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 13, PAGE 51, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. TOGETHER WITH A 1985 SKYLINE 26'X 64' MOBILE HOME, SERIAL NUMBERS 25650232AU AND 25650232BU, INCLUDING ALL ATTACHMENTS ANDIMPROVEMENTSTHEREOF. FOLIO NUMBER: 68343360009 Collier County, a political subdivision of the State of Florida, and the Collier County Water -Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex- Officio the Governing Board of the Collier County Water -Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2007. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT David C. Weigel JAMES COLETTA, CHAIRMAN Agenda Item No. 16C1 April 24. 2007 Page 26 of 31 County Attorney Agenda Item No. 16C1 April 24. 2007 Page 27 of 31 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER Al SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: JAMES L. SUTT AND MARVA L. SUTT, HUSBAND AND WIFE Whose mailing address is 47 GROUSE ROAD NAPLES, FL 34114 Bearing the date of the W day of August 1999, recorded in Official Record Book 2582 Page(s) 2952, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO. 47, OF QUAIL ROOST UNIT 1, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM, RECORDED IN OFFICIAL RECORD BOOK 980, PAGES 1634 THROUGH 1723, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TOGETHER WITH ALL APPURTENANCES THERETO ACCORDING TO SAID DECLARATION. ALSO, AN UNDIVIDED 1162ND INTEREST IN THE LANDS, WHICH INTEREST SHALL HEREAFTER BE DEEMED AN APPURTENCANCE TO SAID UNIT AND SHALL NOT BE SUBJECT TO PARTITION, OR CONVEYANCE SEPARATE FROM SAID UNIT. TOGETHER WITH A 1982 GREEN HILL 24x48 MOBILE HOME, SERIAL NUMBER FLFL2AB457903784 AND FLFL2BB457903784 INCLUDING ALL ATTACHMENTS AND IMPROVEMENTS THEREOF. FOLIO NUMBER: 68891880002 Collier County, a political subdivision of the State of Florida, and the Collier County Water -Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex -Officio the Governing Board of the Collier County Water -Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2007. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel County Attorney Agenda Item No, 16C1 April 24, 2007 Page 28 of 31 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT JAMES COLETTA, CHAIRMAN Agenda Item No. 16C1 April 24, 2007 Page 29 of 31 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND /OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Andre Vancol and Desilia Leandre, husband and wife Whose mailing address is 5321 Trammell Napes, Fl. 34113 Bearing the date of the 171" day of December 1999, recorded in Official Record Book 2622 Page(s) 0927, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Two Thousand Four Hundred Fifty Seven Dollars and Thirty Three Cents ($2,457.33) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 6, BLOCK 14, NAPLES MANOR LAKES, A SUBDIVISION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGES 86 AND 87, IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 62264240000 Collier County, a political subdivision of the State of Florida, and the Collier County Water -Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex -Officio the Governing Board of the Collier County Water -Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2007. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT JAMES COLETTA, CHAIRMAN Agenda Item No. 16C1 April 24, 2007 Page 30 of 31 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND /OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: ROCCO VOLINO AND MARTHA VOLINO, HUSBAND AND WIFE AND ANNA VELEZ, AN UNREMARRIED WIDOW, ALL AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP. Whose mailing address is 261 INDIAN KEY LANE NAPLES, FL 34114 Bearing the date of the 18" day of August 1999, recorded in Official Record Book 2582 Page(s) 3017, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO. 258, WEST WIND MOBILE HOME ESTATES, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM RECORDED IN OFFICIAL RECORD BOOK 630 AT PAGES 1883 THROUGH 1932 INCLUSIVE OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TOGETHER WITH ALL APPURTENANCES TO THE UNIT INCLUDING THE UNDIVIDED COMMON ELEMENTS AND LIMITED COMMON ELEMENTS RESERVED FOR EACH UNIT THEREIN. FOLIO NUMBER: 81630320001 Collier County, a political subdivision of the State of Florida, and the Collier County Water -Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex- Officio the Governing Board of the Collier County Water -Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2007. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel County Attorney Agenda Item No. 16C1 April 24, 2007 Page 31 of 31 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT JAMES COLETTA, CHAIRMAN Agenda Item No. 16C2 April 24, 2007 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts where the County has received payment in full for the 1992 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 94 -668 adopted by the Board on September 19, 1994 provided for the recording of the list of 1992 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94 -668 was recorded on September 22, 1994 in Official Record Book 1986, Pages 766 through 942 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1992 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90 -30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the two accounts that have been paid in full for the 1992 Solid Waste Collection Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Liens and the Resolution is approximately $30.00, which is to be charged to County Water /Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the two Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign these two Satisfactions of Lien for the 1992 Solid Waste Collection Services Special Assessment Liens. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service. Agenda Item No 16C2 April 24, 2007 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C2 Item Summary: Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessments_ Fiscal Impact is A30.00 to record the Satisfactions of Lien. Meeting Date: 4124/20075.00.00 AM Prepared By Pam Cattle Revenue Supervisor Data Public Utilities UBCS 312912007 4:18:05 PM Approved By Teresa Mason Revenue Manager Date Public Utilities UBCS 31301200710:15 AM Approved By Pam Cattle Revenue Supervisor Data Public Utilities UBCS 3130120071:39 PM Approved By Thomas Writes Operations Director Data Public Utilities Public Utilities Opembons 3130120073: 07 PM Approved By .John A. Yonkesky Utility Billing Director Date Public inalibos UBCS 41412007 9:44 AM Approved By James W. DeLOny Profile Uhluoes Atirgome toot r Date Public rWitivs ,.._ Public U 05fiee Administfnbrad 415120698:36 AM Approved By OME. COau.'oator Administrative Assistant Date County Manager's Office Oncle of Manngoment E Budget 411112007 7:32 AM Approved By Randy Gacbmwald ManagemenVDudget Analyst Date County Managers Office Office of Management 6 budget 4112120073: ii PM Approved By Michael Smykowski Monagoment& Butlget Director Date County Manager's Office Office of Management 8 Budget 4112/2007 5.1E PM Approved By James V. Mudd County Manager Data Board of County Comm lssioocrs County Maroon, Office 4/12120075:26 PM Agenda Item No. 16C2 RESOLUTION NO. 2007 - April 24, 2007 Page 3 of 5 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the Board of County Commissioners on September 19, 1994 adopted Resolution No. 94 -668 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1992; and WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90 -30, as amended, the Board recognizes full payment and receipt of the 1992 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94 -668, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 76050 125752 This Resolution adopted this second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel County Attorney day of 2007, after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES COLETTA, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239)774-8400 Agenda Item No. 16C2 April 24, 2007 Page 4 of 5 Property Folio No. 40621400007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: SINGLETARY, ANGELA MARIE ALICE SHIELDS 2411 2ND AVE NE NAPLES, FL 339640000 The Lien was recorded on the 19'" day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Seventy Four Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 76 W 105FT OF TR 21 OR 1662 PG 1470 OR 1908 PG 1157 Folio No. 40621400007 PROJECT NO. 61000 Account No. 76050 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _day of 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239)774 -8400 Agenda Item No. 16C2 April 24, 2007 Page 5 of 5 Property Folio No. 63856600109 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: GORDILLO, SAMUEL J =8 MARIA M 505 NEW MARKET RD IMMOKALEE FL 339340000 The Lien was recorded on the 19'" day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NEW MARKET IMMOKALEE BLK 20 LOT 4 OR 1522 PG 2137 Folio No. 63856600109 PROJECT NO. 61000 Account No. 125752 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of 2007. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Agenda Item No. 16C3 April 24, 2007 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for a residential account where the County has received payment in full for the 1994 Solid Waste Collection Services Special Assessment. CONSIDERATIONS: Resolution No. 95 -475 adopted by the Board on August 22, 1995 provided for the recording of the list of 1994 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 95 -475 was recorded on September 14, - 1995 in Official Record Book 2099, Pages 1338 through 1574 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1994 Solid Waste Collection Services Special Assessment. Collier County Ordinance No. 90 -30, as amended, provides the Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the one account that has been paid in full for the 1994 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $20.00, which is to be charged to County Water /Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the one Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairman to sign the one Satisfaction of Lien for the 1994 Solid Waste Collection Services Special Assessment Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service. Agenda Item No 16C3 April24. 2007 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1603 Item Summary: Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and saga Lien is satisfied in full for the 1984 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact Is $20 00 to record the Satisfaction of Lien. Meeting Date: 4124/2007 9.00'00 AM Prepared By Pam Callis Revenue Supervisor Date Public Utilities UBCS 3129120074: 16: 50 PM Approved By Teresa Rai Revenue Manager Date Public Utilities UBCS 31301200710: 15 AM Approved By Pam Calls Revenue Supervisor Date Public Ulitilies UBCS 313012007 1:41 PM Approved By Thomas Wides Ogeranotes Director Data Public Utilities Public Utilities Operations 3130/2 00 7 3: 08 PM Approved By John A. Yonkosky Utility Billing Director Data Public Utilities UBCS 4142D079,46 AM Approved By James W. DeLdny Public milli Adminietrstor Date W Public Utilities PUbhc Utilities Admini,nob,n 41512007 9:42 AM Approved By OMB 6oaremator Admit, tractive /1ssiFlant Date .. mn" Manager's Off, Office of Management & Budget 411112007 7:33 AM .Approved By Randy Greenwald Manndement/eudget Analyst Data County Managers Office Office of Management& Budget 4111120070: 22 AM Approved By sti b al Smyaowski Management &Corner Duedor Data County Managers Office Office of Management & Budget 41112007 9:12 AM Approved By James0. card Cowrty Manager Date Board of County Commrssloners County Managers Office 4/14/200710:11 AM Agenda Item No. 16C3 April 24, 2007 Page 3 of 4 RESOLUTION NO. 2007- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the Board of County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1994; and WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90 -30, as amended, the Board recognizes full payment and receipt of the 1994 Service Year Solid Waste Collection and Disposal Special Assessment for the following account numbered below, subsequent to the adoption of Resolution No. 95 -475, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the account identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien individually in the official records of Collier County: Account No. 23058 This Resolution adopted this day of 2007, after motion, second and majority vote. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK BY: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel County Attorney This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Agenda Item No. 16C3 April 24, 2007 Page 4 of 4 Property Folio No: 63452720001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: WEEKS JR, VAN D 1193 -1195 ALHAMBRA CIR SO NAPLES, FL 339400000 The Lien was recorded on the 14`" day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Eight Dollars And Seventy Four Cents ($208.74), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES TWIN LAKES 1ST ADD BILK 11 LOT 24 OR 1801 PG 1964 Folio No. 63452720001 Project No. 64000 Account No. 23058 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of , 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY. FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C4 April 24, 2007 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $70.00 to record the Satisfactions of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts where the County has received payment in full for the 1995 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 2000 -236 adopted by the Board on August 1, 2000 provided for the recording of the list of 1995 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000 -236 was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1995 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90 -30, as amended, provides that Satisfactions of Lien shall be approved by Resolution. The attached Resolution lists the six accounts that have been paid in full for the 1995 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution is approximately $70.00, which is to be charged to County Water /Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That Board of County Commissioners adopts the attached Resolution approving the six Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign the six Satisfactions of Lien for the 1995 Solid Waste Collection Services Special Assessment Liens. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing and Customer Service. Agenda Item No. 1604 April 24.. 2007 Page 2 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 16C4 Item Summery: Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied In full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact Is 570.00 to record the Satisfactions of Lien. Meeting Date: 424/2007 9 00.00 AM Prepared By Pam Call's Revenue Supervisor Date Public Utilities UBCS 3(29120074:16'' G2 PM Approved By Teresa Rlesen Revenue Manager Date Public Utilities UBCS 31301200710: 15 AM Approved By Pam Call's Revenue Supervisor Data Public Utilities UBCS 3130120071:43 PM Approved By Thomas Andes Operations Director Date Public Utilities Public Utilities Operations 31302007 3:09 PM Approved By John A. Yoln osky Utility Billing Director Date Public UnIf.ce UBCS 414120079:46 AM Approved By James Nl DeLony Pobec Ullluea Annuournpocia Data �.. pohGC Uorres Public Ulillhes Abminislratlon 415120076'45 AM Approved By OMB COUmpmmr Adnumatrative lt.etard Dale County Manager s Office Office of Mnnagemenl A modest 4111120&7 7 34 AM Approved By Randy Greenwald darugemenOBudget Analyst Data County Manager's Office Dffice of Management 8 Budget 4111120D7 9:41 AM Approved By Michael Smykowski Mawgemen08 Budget Director Data County Manage /s Office Ofere of Management 8 9utlpet 41132007 VA1 AM Approved By James V. Mudd Courtly A "anager Date Board or County Chrom supers County Manager's Office 4114200710'. 14 AM Agenda Item No. 16C4 April 24, 2007 RESOLUTION NO. 2007- Page 3 of 9 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000 -236 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Resolution No. 2000 -236, was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance 90 -30, as amended the Board recognizes full payment and receipt of the 1995 Service Year Solid Waste Collection and Disposal Special Assessments for the following accounts numbered below, subsequent to the adoption of Resolution No. 2000 -236, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 5526 17789 20776 22282 24329 24633 This Resolution adopted this _day of , 2007, after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel County Attorney BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES COLETTA, CHAIRMAN Agenda Item No. 16C4 April 24, 2007 Page 4 of 9 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Property Folio No. 63856600109 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: GORDILLO, SAMUEL J =& MARIA M 505 NEW MARKET RD W IMMOKALEE FL 341423055 The Lien was recorded on the 8" day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Seventy Eight Dollars and Ninety Seven Cents ($78.97), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NEWMARKET SUBD BLK 20 LOT 4 Folio No. 63856600109 Project No. 65001 Account No. 5526 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C4 April 24, 2007 Page 5 of 9 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Property Folio No. 52650680006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: GARZA, ENCARNACION =& NANCY O PO BOX 106 IMMOKALEE FL 341430106 The Lien was recorded on the 8" day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Five Dollars and Twenty Nine Cents ($105.29), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: JOYCE PARK BLK B LOTS 8 + 9 OR 1012 PG 124 Folio No. 52650680006 Project No. 65000 Account No. 17789 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Approved as to form and legal sufficiency David C. Weigel County Attorney JAMES COLETTA, CHAIRMAN Agenda Item No. 16C4 April 24, 2007 Page 6 of 9 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Property Folio No. 60380960004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: HINOJOSA RODRIGUEZ, EFREN PO BOX 691 IMMOKALEE FL 341430691 The Lien was recorded on the 8`" day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Five Dollars and Twenty Nine Cents ($105.29), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: MOBILE MANOR LOT 26 OR 1377 PG 968 Folio No. 60380960004 Project No. 65000 Account No. 20776 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C4 April 24, 2007 Page 7 of 9 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Property Folio No. 62203480009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: BOWER, WILLIAM =& RUTH 5537 SHOLTZ ST NAPLES, FL 341138766 The Lien was recorded on the 8t" day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR EXT BLK 5 LOT 15 Folio No. 62203480009 Project No. 65000 Account No. 22282 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2007. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Agenda Item No. 16C4 April 24, 2007 Page 8 of 9 -- This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Property Folio No. 63452720001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: WEEKS JR, VAN D 1193 S ALHAMBRA CIR #1195 NAPLES, FL 341033207 The Lien was recorded on the 8'" day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Five Dollars and Seventy Eight Cents ($205.78), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES TWIN LAKES 1 ST ADD BLK 11 LOT 24 OR 1801 PG 1964 Folio No. 63452720001 Project No. 65000 Account No. 24329 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _day of 2007. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Agenda Item No. 16C4 April 24, 2007 Page 9 of 9 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Property Folio No. 63852200008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: SEMATUS,BEMET ANNE M DUMOND PO BOX 1694 IMMOKALEE FL 341431694 The Lien was recorded on the 8" day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Five Dollars and Twenty Nine Cents ($105.29), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NEWMARKET SUBD BLK 9 LOT 1 Folio No. 63852200008 Project No. 65000 Account No. 24633 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2007. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Agenda Item No. 16C5 April 24, 2007 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $90.00 to record the Satisfactions of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts where the County has received payment in full for the 1996 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 2000 -237 adopted by the Board on August 1, 2000 provided for the recording of the list of 1996 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000 -237 was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1996 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90 -30, as amended, provides that Satisfactions of Lien shall be approved by Resolution. The attached Resolution lists the eight accounts that have been paid in full for the 1996 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution is approximately $90.00, which is to be charged to County Water /Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the eight Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign the eight Satisfactions of Lien for the 1996 Solid Waste Collection Services Special Assessment Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing and Customer Service. Agenda Item No 16C5 April 24, 2007 Page 2 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number, 1GC5 Item Summary: Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1396 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact le 590.00 to record the Satisfactions of Lien. Meeting Date: 4841200] 9.00.00 AM Prepared By Pam Callis Revenue Supervisor Date Public Utilities UBCS 3129120074:14:54 PM Approved By Teresa loosen Revenue Manager Date Public Utilities UBCS 313 0120 07 10: 16 AM Approved By Pain Callis Revenue Supervisor Date Public Utilities UBCS 3130120071:56 PM Approved By Thomas An es Operations Director Date Public Utilities Public Utilities Operations 3/302007 3:44 PM Approved By John A Yonkosky Utility BilPng Director Date Public Utilities IIDCS 414120079:48 AM Approved By Jamos W_ DeLany Public W.11t1es Adminiatrntor Date Public Utiiirra Pubbc Utilites Aaro rutratma 415120076:47 AM Approved By OMB Coordinator Administrative Assistant Date Ccunty Managers Office Office of Management & access 411'J2007 7.34 AM Approved By Rand, Greenwald Mmla.emenUBUdget Acelyrt Data County Manager's Office Office of Me ... circuit & Budget 41112007 9:47 AM Approved By Michael Smykowsm Management& protect Director Data County &tanager's Office Of oc of Management & Budget 411312007 9:20 AM Approved By Jamesv. Mudd County Manager Data Board of County Commissioner, County Manager's Crime 411412007 10 15 AM Agenda Item No. 16C5 April 24, 2007 RESOLUTION NO. 2007- Page 3 of 12 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000 -237 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Resolution No. 2000 -237, was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires the Board to approve by Resolution and record in Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90 -30, as amended the Board recognizes full payment and receipt of the 1996 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 2000- 237, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 5021 7294 19583 24536 27766 27889 28202 29036 This Resolution adopted after this majority vote. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel County Attorney day of , 2007 after motion, second and BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES COLETTA, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Property Folio No: 24982520008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: GALLAGHER, WILLIAM F V 1883 HARBOR LN NAPLES FL 341044268 The Lien was recorded on the 8'" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: BROOKSIDE UNIT 3 PLAT 2 BILK G LOT 2 OR 1603 PG 319 Folio No. 24982520008 Project No. 66000 Account No. 5021 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Satisfaction of Lien, by action of the Board this day of 2007. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Agenda Item No. 16C5 April 24, 2007 Page 4 of 12 Agenda Item No. 16C5 April 24, 2007 Page 5 of 12 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Property Folio No: 35641360006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: MENDICINO, DAVID =& MINDY N 4125 GOLDEN GATE PKWY NAPLES FL 341166521 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Eight Dollars and Twenty Six Cents ($208.26) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 21 GOLDEN GATE UNIT 1 BLK 6 LOT 15 Folio No. 35641360006 Project No. 66000 Account No. 7294 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Satisfaction of Lien, by action of the Board this _day of 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Property Folio No: 52650680006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: GARZA, ENCARNACION =& NANCY O PO BOX 106 IMMOKALEE FL 341430106 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: JOYCE PARK BLK B LOTS 8 + 9 OR 1012 PG 124 Folio No. 52650680006 Project No. 66000 Account No. 19583 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Satisfaction of Lien, by action of the Board this day of 2007. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Agenda Item No. 16C5 April 24, 2007 Page 6 of 12 Agenda Item No. 16C5 April 24, 2007 Page 7 of 12 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Property Folio No: 62203480009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: BOWER, WILLIAM =& RUTH 5537 SHOLTZ ST NAPLES FL 341138766 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR EXT BILK 5 LOT 15 Folio No. 66203480009 Project No. 66000 Account No. 24536 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Satisfaction of Lien, by action of the Board this _day of , 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Property Folio No: 65074040002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: WILLIAMS, JESSIE 4506 48TH AVE VERO BEACH, FL 329671042 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PALMETTO PARK BILK 4 LOTS 2 + 3 OR 567 PG 469 OR 1539 PG 429 OR 1650 PG 380 Folio No. 65074040002 Project No. 66000 Account No. 27766 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Satisfaction of Lien, by action of the Board this day of 2007. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency C. Weigel BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Agenda Item No. 16C5 April 24, 2007 Page 8 of 12 Agenda Item No. 16C5 April 24, 2007 Page 9 of 12 County Attorney This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Property Folio No: 65171240006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: TYLER, ROBRIEST H =& GABRIEL 605 BREEZEWOOD DR IMMOKALEE FL 341424206 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PALM RIDGE UNIT 2 LOT 78 OR 2076 PG 1803 Folio No. 65171240006 Project No. 66000 Account No. 27889 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Satisfaction of Lien, by action of the Board this day of 2007. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Agenda Item No. 16C5 April 24, 2007 Page 10 of 12 Agenda Item No. 16C5 April 24, 2007 Page 11 of 12 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Property Folio No: 65671600007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: TURNER, BRENDA K 654 PALM LAKE DR NAPLES FL 341045406 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PALM SPGS EST UNIT 1 BLK 3 LOT 9 Folio No. 65671600007 Project No. 66000 Account No. 28202 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Property Folio No: 67490480008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: EDMOND, JESUIS 5348 TEXAS AVE NAPLES, FL 341137828 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Eight Dollars and Twenty Six Cents ($208.26) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PINE VIEW VILLAS BILK A LOT 12 OR 1839 PG 110 Folio No. 67490480008 Project No. 66000 Account No. 29036 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Satisfaction of Lien, by action of the Board this day of 2002 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C5 April 24, 2007 Page 12 of 12 Agenda Item No. 16C6 April 24, 2007 Page 1 of 30 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners Award Contract # 06- 4049 Public Utilities Division Asset Management Program Development and Implementation to Camp Dresser & McKee, Inc., for the amount of $447,946.00 for the first phase. OBJECTIVE: To have the Board of County Commissioners approve the contract with Camp Dresser & McKee, Inc., to provide professional consulting services to develop an asset management program within the Public Utilities Division to attain maximum value from physical assets while improving overall efficiency. CONSIDERATIONS: The Public Utilities Division has identified asset management as a critical tool for the efficient, cost effective management of the Utility System in the future. The Division has embarked on a mission to establish a comprehensive Asset Management Program involving all key departments of the Division. During the recent bond rating agency visits in November, 2006, the Fitch and Moody agency representatives expressed verbal support and encouragement for the utility to implement a sound asset management program to assist in management of its financial future. Further, the Qualserve peer review conducted in the Spring of 2004, acknowledged the _ need for an asset management system to be an integral part of a viable utility system." A Request for Proposals (RFP) for the Asset Management Program was issued on August 29, 2006. Notices were mailed to 92 fmms, and 32 firms requested full proposal packages. Nine proposal responses were received on September 29, 2006. The Selection Committee met on November 16, 2006, and by consensus, short listed the following firms: 1. Camp Dresser & McKee (CDM) 2. MalcohnPinie,Inc. 3. Montgomery Watson Harza (MWH) A contract has been successfully negotiated with the number one firm, Camp Dresser & McKee. The purpose of the Asset Management (AM) program is to achieve maximum value at minimum cost from utilities infrastructure assets while meeting the performance standards expected by its stakeholders. This project will provide the knowledge, processes and supporting technologies necessary for the program to succeed. The project will be conducted in three phases. Phase One Asset Management Assessment - establishment of a Division wide vision and set of ultimate program goals, assessment of current operation manuals practices in each segment, a high level information technology assessment and plan for entire division, and organizational assessment to measure alignment of the Division. 1 of 2 Agenda Item No. 16C6 April 24, 2007 Page 2 of 30 Phase Two Design — Asset hierarchy and asset data identification and organization, service level definition, criticality rating, condition assessment and valuation assessment, maintenance strategy development and capital improvement evaluation techniques, work and asset management system, re- valuation assessment tool, performance measurement/management system, application interfaces. Phase Three Program Implementation - Technology selection, technology implementation management, business process improvement, piloting and rollout, change management services, technology development, equipment and infrastructure condition data and development of a performance measurement system. Approval of Phase One for the Asset Management Assessment is requested from the Board in the amount of $447,946.00.This proposal has been reviewed by Division Staff and the Purchasing Department and determined to be fair and reasonable. Separate approvals will be sought from the Board at a later date for Phases Two and Three. The timing of the three phases is shown on the attached timeline. FISCAL IMPACT: Funds totaling the amount of $500,000.00 are available in County Project Numbers 711651/710121 "Asset Management Development and Implementation" for Fiscal Year (FY) 2007. GROWTH MANAGEMENT IMPACT: This project is consistent with and furthers the Goals, Objectives and Policies of the Collier County Growth Management Plan and Asset Management is referenced in the 2005 Water and Wastewater Master Plans adopted by The Board of County Commissioners on June 6, 2006, item 10 B., see pages 6 -14 in the Water Master Plan and pages 6 -18 in the Wastewater Master Plan. RECOMMENDATIONS: Staff recommends that The Board of County Commissioners, as Ex- officio Governing Board for the Collier County Water -Sewer District: Approve Contract 06 -4049 with Camp Dresser & McKee, Inc. Authorize the Chairman to sign the contract for a negotiated amount of $447,946.00 after review by the County Attorney PREPARED BY: Trevor P. Trinkaus, GIS Analyst Public Utilities Engineering Department 2of2 Agenda Item No. 16C6 April 24, 2007 Page 3 of 30 COLLIER COUNTY .�. BOARD Of COUNTY COMMISSIONERS Item Number: 16C6 Item Summary: Recommendation that the Board of County Commissioners Award Contract # 064049 Public UQiatles Division Asset Management PfOgmm Development and Implementation to Cam, Dresser & McKee, Inc., for an amount for the first phase not to exceed $447946.00 Meeting Date: 4/2412007 9'00:00 AM Prepared By Trevor Timken. GIS Analyst Data Public Utilities Public Utilities Engineering 41212007 10:13:51 AM Approved By Roy B. Andaman. P.E. Public Utilities Engineering Director Data Public Utilities Public Utilities Engineering 41612007 8:47 AM Approved By Phil E. Gramatges, P.E. Sr. Project Manager Data Public Utilities Public Utilities Engineering 41612007 2:30 PM Approved By Thomas Wldcs Operations Director Data Public Wrote, Public Utilities Opemtions 4110120074: 01 PM Approved By Pamela Libby Water Operations Manager Dale Public Utilities Wnter 411012007411 PM Approved By Jon Pratt Treannont Plant Sooner infantlent Data Public U1111Uee Wastewater 4110120W 615 PM �. Ara raved By Paul Matrausch water Director Use Public Utill ies Water 411112007 9'.16 AM Approved By G. Ceorue yilmar Wastewater Director Dare Public Utilities Waste Water 411112007 11 10 AM Approved By Dianna Perryrnen Contract Specialist Data Administrative Services Purchasing 411212007 3:53 PM Approved By Kelsey Ward Contract Administration Manager Date Administrative Servicaa Purchasing 411212007 4:50 Per .Approved By James W. DeLony Public Utilities Administrator Data Public Utilities Public Utilities Administration 411312007 9:39 AM Approved By OMB Coordinator Administrative Assistant Dare County Managers Office Office of Management S Budget 4113120071:35 PM Approved By Susan Usher Senior Maregernentrubget Analyst Data County Man age YS Office Office of Management 8 Budget 4117120074:53 Ple Approved By Michael Srnykawskl Management & Budget Director Dam -�-- County Manager's Office Office of Management & annual 411712067 5:27 PM Approved By James V. Mudd County Manager Data Board of County Commissioners County Manatees OKme 411712007 5:61 PM Agenda Item No. 16C6 Asset Management Cost Estimate (Revised 219107) April 24, 2007 RFp #064049 Page 4 of 30 r s` 6Fei Fe eh ,` 40 = Task SOMesk TasF Descd o 1A ProjM Mana9arrwM e 1 Governance + 24 96 A 292 120 00 90 192 $76.209 2 Management d0 1M 3 PmgressMeetings 40 40 4 Document Management 24 5 Ceollty CoMmgAssumOCe 16 40 10 Vision and GO918 4 24 28 8 24 24 112 515,808 1 Revtew Emielg Strategic Planning Documents 4 4 8 12 8 2 Provide Fragment Reading Material d Division Repneatanes 4 8 12 3 Conduct vision ard Mission tamna d, 4 8 8 4 Develop Charter Statement 4 12 8 8 1C GapAnalysb 24 72 100 232 1" 48 620 $87,18 1 Collect Current Pedonnance Data 24 24 2 Conduct Oneorvone and Smallymup lMervtets 60 40 24 3 Compile and opacomm lnte am Findings 40 q ReNHV Findings 24 24 5 Conduct Findings Workshops 24 16 16 6 Develop EHaency and Effectiveness Measures 24 16 48 24 7 Conduct Bat Appmpdate Preo,ao(BAP) Tayet WOrksMps 24 24 24 8 Pmduw Technical Memorandum On Asset Management Practices 24 4 ifi 32 24 10 High -level Technology Assessment and Plan 24 40 248 88 72 472 $71,480 1 Meet WIM County IT RepreseMadva 24 2 Remn- Enterprise SollyAre tipples and User Profiles 24 3a Review SAP Configuration 24 40 3p Review County CIS Data Standards and Geodalabaze Omc,o 40 40 30 Review l- nHANCE Utility Information Management System 24 3d Review Allmax Operator 10 (OP 10) Deployment Strategy 24 4 DOW= IT Assessment WOrksMas 24 24 5 Perform Follow up Rev. 24 24 t6 6 Produce Technical Memorandum on lT Assessment 24 40 40 16 1E Drganlaraoomal Assessment 24 72 as 136 280 $39.728 1 EstaNlatl Organizational Assessment Won, Group 32 2A Develop Alignment Assessment 16 8 16 2O Oeveld, Involvement and Cammurloatuns Assessment 16 8 16 2c Develop ACCnuniathity and Incentive Assessment 16 a 16 3 Devalop Training and Staff Development Assessment 0 16 32 4 Pmduca Technical MVmomr on on Organuatgnal Assesament 24 16 8 24 1F Business Case 24 128 72 16 40 200 $38,248 t Regulatory RegulnemenU t6 16 2 OOanti60ation Of Program Benefits 40 4 3 Program Cast and Risk Asse55ment a 4 4 Relum vestment Analysis 32 32 ifi 5 Conduct Business Case WoneraPs 32 16 6 Prepare Technical Memorandum On Business Cesa 24 40 1G Team Challenge 120 144 112 Be 24 408 S8;160 1 Perform Criticality Assessment 24 24 16 40 2 Select DMical Asset d Analyze 16 16 3 Selec Team and Conduct Planning WoM1sMp 16 24 4 Dolled Relevant Asset Data 48 5 Conduct Maimaance Strategy vy manop 40 6 PoWlate CAMPTmI 48 40 7 Conduct RRRP Development NbMshop 48 40 6 Produce Team Challenge Raddr, 24 24 1H Phase 1 Project Report 24 64 40 60 56 2" $37.328 1 Develop Phase 2 Recommendations 24 40 60 40 2 Produce Phase 1 Retard 24 40 16 PHASE I LABOR TOTAL Billing Rates 148 352 136 780 848 344 2088 5420,236 E 57 S 75 E 115 S 145 $ 170 S 225 $19,710 PHASE I EXPENSE TOTAL f447.94fi TOTAL for PHASE I 2/9/2007 Cooler County Asset Mandr, aBrll Pno3ram Development and lmplandmitiron sg,t;) 2)\ \ }z } § \ % a ? U � \ \ { � / / �.� } § 2 k cn o . , � , . ....�. , n 2 \ � \ § § CD > \ o E � 5$� 2 E�� { \ e E \ a 774 o « - / k � \ 7 0 w w e 4z(� / L § { © o 7 2 3 ° ■ ■ 2 f I ■ C m 0 CL I £ 2 a ) Agenda Item No. 16C6 April 24, 2007 Page 6 of 30 Project #06 -4049: Public Utilities Division Asset Management Program Development and Implementation Background Collier County Public Utilities Division (OWNER) is contracting with Camp Dresser & McKee Inc (ENGINEER) and its subcontractor, GHD, to implement an asset management program. ENGINEER will plan and guide the program and will provide technical and business support for program implementation. OWNER will participate in, review and approve program planning and design and will lead program implementation with support of ENGINEER. The purpose of the asset management program is to achieve the maximum value from OWNER's infrastructure assets while meeting the performance standards expected by its stakeholders. This project will provide the knowledge, processes and supporting technologies necessary for the program to succeed. The program will be conducted in three phases: (1) assessment, (2) design, and (3) implementation. The phases are sequential and dependent. Therefore, the tasks specified in this scope of work for phase 2 may require modification at completion of phase 1 and the tasks specified for phase 3 will likely require modification at the completion of phase 2. OWNER and ENGINEER acknowledge that an important measure of success for this project is achievement of the following outcomes: Consistent business -driven work and asset management procedures will be implemented throughout the Public Utilities Division based on "best appropriate practices" (BAP) specific to Collier County; • Software tools to support OWNER's asset management program will be specified and implemented. • Organizational alignment and staff training to support best appropriate practices and supporting tools will be achieved. Terminology The following terms and acronyms are used in this contract: AM "Asset Management" AMT See "Asset Management Team" ArcPad A software product that operates on mobile and handheld computers and provides digital map viewing and editing capabilities. Asset Management Team a cross - section of OWNER management and staff that participate in interviews, workshops, document review and that serve as ambassadors for the asset management program as the project progresses within and between phases. Agenda Item No. 16C6 April 24, 2007 Page 7 of 30 BAP See "Best Appropriate Practice" Benchmark A measure — either quantitative or qualitative — used for comparative analysis. Best Appropriate Practice The highest level of achievement of a particular business practice deemed by an organization to be appropriate to its values, goals and priorities. Best Practice The highest level of achievement to be in active practice by world - leaders as recognized by industry professionals. Charter Statement A policy statement that establishes the vision, goals and organizational commitment to the asset management program. Current Asset Value The cost required to replace an asset in -kind at its current condition and level of performance. Executive Work Group Executives who provide guidance and direction to the asset many ement program Executive Work roue See "Steering Committee" Governance Team Subject matter experts that provide support to ENGINEER's Project Director. Key Performance Indicator A significant measure used on its own, or in combination with other key performance indicators, to monitor how well OWNER is achieving its quantifiable objectives KPI See "Key Performance Indicator" Level of Service A standard of performance provided by OWNER to its customers life -cycle costs The total cost of owning an asset over the estimated period of time during which an asset is expected to be able to be used or the benefits represented by the asset are expected to be derived. Costs include both capital and recurring cost. Examples include design, construction, maintenance, insurance, rehabilitation, operating, and disposal costs. LOS See "Level of Service" LOSS Level of Service Standard — synonymous with Level of Service Metric The units of measure used to help assess the degree to which goals are achieved Notice to Proceed Approval by OWNER for ENGINEER to begin work on each phase of the project. NTP See "Notice to Proceed" Optimal Renewal Decision- A systematic method to decide when to implement what forms of making renewal for an aging asset. Renewal options typically include repair, rehabilitation and replacement. ORE M See "Optimal renewal Decision - making" Organizational Alignment A state of being in which all operating units within an organization behave in support of a unified mission using a common management philosophy and set of interdependent metrics to achieve the mission. Organizational Assessment An Ad -hoc committee of OWNER representatives that works closely Workgroup with ENGINEER during execution of the Phase I organizational assessment. Phase I The assessment phase of this project. Phase 2 The design phase of this project. Phase 3 The implementation phase of this project. Team Challen e roject A small project used to learn, test and improve processes and Agenda Item No. 16C6 April 24, 2007 Page 8 of 30 Scope of Services Phase 1: Assessment Task lA — Project Management The purpose of this task is to provide coordination between the OWNER and the ENGINEER to carry out project tasks in accordance with the scope, schedule, budget and quality requirements of this contract. ENGINEER is responsible for all project work including tasks performed by subconsultants. Subtasks associated with Task I are described below: IA.I Project Governance Structure technologies prior to full -scale implementation. Team Challenge Workgroup An Ad -hoc committee of OWNER representatives that work closely with ENGINEER during execution of the Phase 1 Team Challenge project. PQM "Project Quality Management." A facilitated meeting between project team members at which roles, responsibilities and critical success factors for a project or phase of a project are established by consensus. Project Director The project director maintains clear channels of communication between OWNER and ENGINEER, ensures there are direct lines of responsibility for work components; ensures that project costs remain within the established budget, facilitates quarterly governance meetings and provides regular checks on project technical control. RCM See "Reliability- centered Maintenance" Reliability- centered The optimum mix of reactive, interval- based, condition- based, and Maintenance proactive maintenance practices. These principal maintenance strategies, rather than being applied independently, are integrated to take advantage of their respective strengths in order to maximize facility and equipment reliability while minimizing life -cycle costs. Replacement Cost The cost in present day dollars necessary to replace an asset if it was to fail SCADA "Supervisory Control and Data Acquisition." An information technology that delivers operational information to a remote location and allows remote process control of an operation or device. Stakeholder An individual or organization that has a material interest in the level of service, environmental, social and /or financial activities of the OWNER. Steering committee See `Executive Work group" Supporting tools Written procedures, software, templates and educational materials that support the conduct of a work task or process. Technical Memorandum Written document prepared by ENGINEER and submitted in draft for OWNER review. Following receipt of OWNER comments, ENGINEER revised the TM. Once a revised version of the TM meets OWNER expectations, it is produced and delivered in final form. TM See "Technical Memorandum ". Scope of Services Phase 1: Assessment Task lA — Project Management The purpose of this task is to provide coordination between the OWNER and the ENGINEER to carry out project tasks in accordance with the scope, schedule, budget and quality requirements of this contract. ENGINEER is responsible for all project work including tasks performed by subconsultants. Subtasks associated with Task I are described below: IA.I Project Governance Structure Agenda Item No. 16C6 April 24, 2007 Page 9 of 30 ENGINEER will assist OWNER in establishing a structure for the successful governance of the project. ENGINEER will provide a project management team consisting of: Project Director — Mr. Paul Pinault. The primary role of the project director is to ensure that the vision of asset management fits with the strategic direction and culture of OWNER. The project director will maintain clear channels of communication between OWNER and ENGINEER, ensures there are direct lines of responsibility for work components; facilitates quarterly governance meetings and provides regular checks on project technical control. Project Manager— Mr. John Caldwell (Phase 1) and Mr. Michael Smith (Phases 2/3, anticipated). The project manager ensures timely completion of work according to an estab- lished schedule of activities oversees development of and ensures quality of all project deliverables, keeps the project costs within the established budget, maintains the project library, conducts monthly progress meetings, produces progress reports and invoices. Technical Director — Mr. Philip Chemin. The technical director provides technical leadership and direction to the project. He assigns staff that are best qualified to bring ENGINEER's global asset management experience to bear on positive project outcomes and represents ENGINEER at critical meetings and workshops as necessary to ensure all technical aspects of the project are being met. OWNER will provide a project management team consisting of: Project Manager — The OWNER's project manager is the single individual to whom ENGINEER reports during conduct of this project. OWNER's project manager may instruct ENGINEER to report to other OWNER representatives in fulfillment of any part of tie contract. Steering Committee — The steering committee is comprised of OWNER's managers and executives who will provide guidance and direction to the OWNER's project manager and to ENGINEER. Asset Management Team — The asset management team (AMT) is comprised of a cross - section of OWNER management and staff that will participate in interviews, workshops and document review. It is anticipated that members of the AMT will serve as ambassadors for the asset management program as the project progresses within and between phases. 1A.2 Project Management Master Project Schedule ENGINEER will develop and maintain a detailed master project schedule for the Project identifying milestones, deliverables, and key coordination meetings. Monthly Invoicing ENGINEER will prepare monthly master invoices for the project. ENGINEER and all subconsultants are responsible for assuring and certifying that invoices are correct and meet OWNER invoicing standards for format and allowable costs. Invoices will be submitted within two (2) months of the effort being billed unless the OWNER authorizes an extension. A narrative summary of the effort being billed will accompany the invoices. A cumulative summary of durable goods purchased as Other Direct Costs (ODCs) for the project will be Agenda Item No. 16C6 April 24, 2007 Page 10 of 30 included in each Project Invoice. ENGINEER will address all project budget, management and schedule issues. If OWNER action is required, ENGINEER will recommend a suggested course of action. Project Contracts and Invoice Library ENGINEER will maintain a complete project library and master files of all contract and subcontract actions and reports. ENGINEER will develop a OWNER- approved, PC -based master spreadsheet on which all contract and subcontract budgets, billings, contract modifications and invoice actions will be tracked through the project. A hard copy of the most current spreadsheet will be submitted with proposals for budget revisions or contract modifications. The master spreadsheet will provide detail to the activity level (e.g., IA.2). 1A.3 Progress Meetings Progress meetings between the OWNER and ENGINEER will be held on a monthly basis either in person or by telephone. ENGINEER will prepare monthly status reports to be submitted to the OWNER at least seven (7) calendar days prior to the meeting. The project status reports will include the following information: ■ Current scope of work completion status versus anticipated status, • Updated project schedule, • Summary of budget status, • Project information and decision needs including the anticipated source, expected response time and any issues or problems that could delay the expected response, • Anticipated tasks and accomplishments for the coming month, • Questions, comments, problematic issues and suggestions, • Identification of out of scope task work, and • Invoicing issues and proposals to address such issues. ENGINEER will prepare agendas for progress meetings to be submitted with the monthly progress report and will also prepare meeting minutes to be submitted to the OWNER for review within two (2) working days following the meeting. Once they are reviewed and approved by the OWNER, the minutes will be distributed to the project team. 1A.4 Document and Data Management ENGINEER realizes how proper document and data management can be used on future projects and to provide valuable information on how and why decisions were made. ENGINEER will host an internet site that provides on -line access to all documents produced during the project. 1A.5 Project Quality Assurance /Control Governance Meetings Agenda Item No. 16C6 April 24, 2007 Page 11 of 30 Governance meetings between ENGINEER's Project Director and OWNER's Steering Committee will be held quarterly. These meetings will be used to brief OWNER executives on project challenges and achievements, facilitate management -level discussion about the program and to set shared commitments for organizational alignment Deliverables Review ENGINEER will implement a quality assurance process to ensure that each project deliverable is reviewed by senior professionals with in -depth asset management experience who are not directly involved in daily project activities. QA reviews will be documented and recommendations acted upon by the ENGINEER's Project Manager and team members responsible for the deliverable(s) reviewed. Task 1B Vision and Goals The intent of this task is to establish a vision for the asset management program and to document that vision in the form of a charter statement. The subtasks included in Task I are as follows: 18,1 Review Existing Strategic Planning Documents OWNER will compile existing key strategy documents for ENGINEER to read in preparation for a vision - setting workshop. The OWNER's Reliability Guidelines and Water Master Plan are examples of relevant strategy documents that are familiar to ENGINEER; All manner of relevant and current written materials that convey OWNER's values, strategic objectives and operating guidelines will be made available to, and reviewed by Engineer. 1B.2 Provide Preparatory Reading Material to OWNER Representatives The more OWNER understands about the history and current state of practice in asset management, the more productive the vision- setting and charter statement development effort will be. In this subtask, ENGINEER will compile executive briefing material about asset management that is most directly relevant to the critical issues identified in earlier subtasks. Materials will be limited to prevent over burdening OWNER's staff. The purpose of this subtask is to produce a customized set of "spark- notes" on asset management best practice that can be referred to by the project team as the project progresses. 1B.3 Conduct Vision and Mission Workshops Two workshops will be conducted. The first will include the executive workgroup and the operational heads (or their delegates) from each of the OWNER'S Department. During this workshop we will craft a vision statement for OWNER's asset management program and a mission statement for Phases I of the project and will review the project workplan in detail and discussion of all critical issues to serve as background for a Project Quality Management (PQM) session. The PQM will solidify the governance structure for the project, clarify project roles and responsibilities, establish a project mission statement, produce a list of critical success factors to be referenced to throughout the project, to identify potential risks to project success and recommend approaches to mitigate these risks. A number of elements of what will become the charter statement will be identified and captured by ENGINEER. This information will be taken into the second workshop which will be used to develop a draft, comprehensive asset management charter statement. Agenda Item No. 16C6 April 24, 2007 Page 12 of 30 It is recommended that the second workshop be attended by the AMT. During this workshop, details of the charter statement will be worked out such that the proposed language reflects an implementation perspective provided by the AMT and is in keeping with the overall direction/boundaries set by the executive workgroup. 1B.4 Develop Charter Statement A charter statement will be drafted based on the outcomes of the workshops. It is anticipated that several iterations of the charter will be circulated for revision before a final version is approved. Task 1C Gap Analysis The purpose of this task is to benchmark OWNER'S existing asset management practices against best appropriate practices (BAP). ENGINEER will utilize GHD's TEAMQF assessment tool referred to as "GAP -X" for this purpose. The version of GAP -X utilized for this project contains approximately 160 questions and a database of gap results and best practice metrics of over 200 utilities and municipalities. The subtasks to be performed include: 1C.1 Collect Current Performance Data An information request will be prepared, in writing, and provided to OWNER'S Project Manager. Documents or other materials that relate to the items below will be requested. It is not expected that information will be available for all the items to be requested in this subtask. Where information is available, representatives of the operating units that maintain the information will be contacted to schedule review sessions. Some of the information of interest to this subtask includes: • Asset Categorization • Asset Commissioning and Handover • Asset Criticality Assessment • Asset Depreciation and Effective Life Tracking • Asset Hierarchy and Roll -up Capability • Complaints System Utilization • Condition Data Standards • Consequences of Failure Analysis Methods • Historical Maintenance Cost Tracking • Inventory/Stock Control Methods • lob Execution and Control /Feedback • Job /staff Scheduling and Cost Control • Life Cycle Cost Analysis Techniques • Maintainability /Operability Assessments (during design) • Maintenance Cost Estimating /Budgeting • Maintenance Manuals /Instructions • Operational Costs Accounting/Budgeting- • Optimized Renewal Decision Making (ORDM) Framework • Performance Data Standards /LOSS Linkage • Performance Monitoring and Control • Risk Management Methods • Reliability - centered Maintenance Methods • Software Utilization 1C.2 Conduct One -on -One and Small -Group Interviews A subset of OWNER'S staff will be selected for interview. The interviewees may be members of the Asset Management Team or other staff. Prior to the interviews, ENGINEER will distribute Agenda Item No. 16C6 April 24, 2007 Page 13 of 30 an interview preparation packet so that interviewees may think about the questions to be answered. Approximately 11 interviews will be conducted based on the table below. Where possible, interviews will be conducted in small groups of 3 -7 individuals. En ineerin Capital Planning Engineering Facilities Design and Construction Water Well Field and Treatment Plant Operations and Maintenance Water Distribution System Maintenance Wastewater Reclamation Facilities Wastewater Pump Station and Treatment Plant Operations and Maintenance Wastewater Collection System Maintenance Pollution Control Comprehensive Customer Service and Billing Comprehensive Executive Rate - setting and Financial Planning Executive 1-Development of Capital and Operating Budget The questions that will be addressed by each group will focus on the specific functional area of interest, but will also include general questions that relate to the two other assessment areas of Task 1: Information Technology and Organization. The information acquired through these group interviews will be used as baseline information for the more detailed assessments of those areas in Tasks 1D and IE. 1C.3 Compile and Document Interview Findings ENGINEER will compile and reconcile interview responses in order to present a coherent initial picture of existing conditions. 1C.4 Review Findings Validation Workshops Up to three work sessions will be held with interviewees to review interview findings and ensure that ENGINEER has fairly and appropriately interpreted the information acquired during the interviews. Review Meetings Sometimes interview findings are irreconcilable between parties. In these cases it is critical to meet with department or unit heads to gain perspective on the comments of interviewees. ENGINEER will hold up to 5 individual (or small group) interviews for this purpose. Agenda Item No. 16C6 April 24, 2007 Page 14 of 30 1C.5 Conduct Findings Workshops Once findings are reviewed with Department heads, a findings workshop will be held with the AMT. The purpose of the workshops is to score OWNER's asset management practices versus GAP -X benchmarks. The scoring will represent a consensus view of OWNER staff as to the current state of asset management practice. 1C.6 Develop Efficiency and Effectiveness Measures Effectiveness In this activity ENGINEER will develop proposed weightings associated with each benchmark. The weightings will reflect OWNER's priorities for tracking the effectiveness of asset management improvement measure, and used later in Task 1 to set implementation priorities. The weightings proposed by ENGINEER in this activity will be modified during workshops with OWNER in Task 1 C.7 and will ultimately form the basis of program development priorities recommended at the completion of Phase 1. Efficiency In this activity, ENGINEER will identify ranges of metrics that may be appropriate measures of efficiency for OWNER based on ENGINEER's understanding of OWNER's business practices, mission, goals and priorities. These metrics will be conveyed in the form of key performance indicators, or KPI's amenable to quantitative tracking. Final, recommended KPI's will be established later in Phase I and managed regularly throughout development of the asset management program. 1C.7 Conduct Best Appropriate Practice (BAP) Target Workshops Up to three workshops will be held to refine the effectiveness or efficiency measures of Task 1C.6. The outcome of these workshops will be a modified set of KPI's. 1C.8 Produce Technical Memorandum on Asset Management Practices A technical memorandum will be drafted, presented to the AMT and finalized based on OWNER's comments and requests. Task 1D High -Level Technology Assessment and Plan A technology assessment will be performed in order to understand the software resources available to the OWNER, the organizational structure in place to maintain software and support users and to gain insight into software improvement priorities. This task will be complimentary to the gap analysis conducted in Task 1 C. The inquiry and assessment will be framed in the context of the asset management processes (and gaps) identified during that task. The outcomes of this task will provide a starting point for the software system requirements work to be done in Phase 2. While most of the detailed requirements will be established during Phase 2, the basic data requirements necessary for a comprehensive asset management program are known at this time and are listed below. • Parent Asset ■ Physical Characteristics ' Capacity /operational ratings • Installation Date • Design Life • Expected Remaining Useful Life • Percentage of Life Consumed • Asset Function • Primary Failure Mode • Failure Signature • Operational Effects of Failure • Anticipated Renewal date • Renewal Action Agenda Item No. 16C6 April 24, 2007 Page 15 of 30 • Maintenance History • Reliability Standard • Performance History • Performance Standard • Original Cost • Current Value • Replacement Cost ■ Availability of Backup/Redundancy • Probability of Asset Failure ■ Consequences of Asset Failure • Risk Rating of Asset • Renewed Condition Level • Renewed Life Expectancy During this task, ENGINEER will acquire a complete understanding of whether, and to what degree, these data are maintained by OWNER and how these data move between OWNER's various software systems. The subtasks to be completed as part of Task 1D are: ID.I Meet With County IT Representatives ENGINEER will meet with OWNER'S IT representative(s) to understand the IT governance structure within the Department and at the County level. IT governance "sets the rules" for what software is considered enterprise- class, what software is considered discretionary investments and what software is considered office productivity tools. These decisions have material effect on the OWNER as they determine the degree to which maintenance and operational data can be stored in various systems. 1D.2 Review Enterprise Software Licenses and User Profiles An inventory of software in existing use by OWNER for asset management will be cataloged in this subtask. 1D.3 Prepare IT Utilization and Data Flow Summary A summary of how each software system is currently configured and utilized to support asset management will be produced, along with data flow diagrams indicating the lifecycle of asset management data. Agenda Item No. 16C6 April 24, 2007 Page 16 of 30 Review SAP Configuration SAP is the most comprehensive enterprise resource planning software available in the marketplace. It is also very complex and difficult to master. The benefits that SAP may provide to OWNER depend upon how SAP is configured, the OWNER's facility with the product, what modules of SAP are owned and the strategic purpose that SAP software is intended to serve. In this subtask, configuration parameters, implementation documentation and module utilization by other County Divisions responsible for infrastructure assets will be reviewed to gain an understanding of the opportunities that SAP may provide for the OWNER's asset management program. Review County GIS Data Standards and Geodatabase Design GIS software is critical to successful asset management involving what is commonly referred to as "street- side" assets. The spatial distribution of these assets, and the ability of GIS software to analyze and display network relationships between them, makes it desirable to store pipe characteristics, condition and other asset management data directly within the GIS. It is important to establish sensible policies regarding how much of what kind of data are stored in the GIS versus the Work and Asset Management System (WAMS) to be specified in Phase 2. The review conducted in this subtask will enable ENGINEER to determine an appropriate plan for optimal GIS utilization. A particular focus of this activity will be for ENGINEER to gain an understanding of OWNER's use of Arcpad as a tool to coordinate and facilitate field crew deployment. Review I- nHANCE Utility Information Management and Special Assessment System I- nHANCE is a utility- specific enterprise software system that is built around its customer billing database. It offers redundant capabilities to SAP, specifically as relates to General Ledger, Work Order Management, Fixed Asset Inventory and Budget Forecasting. During this subtask, ENGINEER will evaluate the use of I- nHANCE, the support that OWNER receives by the vendor and the merits of continuing to us I- nHANCE versus migrating to a newer commercial product or to SAP. Review Allmax Operator 10 (OP -10) Deployment Strategy OP -10 is used by plant operations to store, analyze, and report plant process information regarding flows, samples and trends. A principal concern to be addressed by ENGINEER in this subtask is the possible retirement of OP -10 if and when OWNER implements a new maintenance management software package -- such as the Hansen system which is currently being reviewed — and the overall relationship of OWNER's maintenance management software requirements and the more comprehensive asset management software requirements to be established during Phase 2. 1DA Conduct IT Assessment Workshops A workshop will be conducted to validate the findings of subtask 1 D.3 1D.5 Perform Follow -up Reviews It is anticipated that information will be uncovered during the workshop that will require follow - up and reassessment. This will be accomplished through one -on -one meetings following the workshop. Up to five one -on -one or small group meetings are budgeted. Agenda Item No. 16C6 April 24, 2007 Page 17 of 30 1D.6 Produce Technical Memorandum on IT Assessment A technical memorandum will be drafted, presented to the executive workgroup and finalized based on OWNER comments and requests. Task 1E: Organizational Assessment The organizational Assessment task assesses the magnitude or organizational changes necessary to successfully move forward with asset management. The following subtasks will be a part of this task. 1E.1 Establish Organizational Assessment Work Group ENGINEER recommends that a workgroup be convened to provide focus and guidance to the organizational assessment team. The workgroup should include representatives from: • Middle Management • Line Supervisors • Human Resources • Senior and Junior Staff considered to be peer leaders 1E.2 Conduct Assessment Workshops A series of 3 workshops will be conducted to explore each of the elements of the assessment. Alignment Assessment An assessment of organizational alignment (strategic goals /objectives, organizational structure, performance measurement) will be made based on workshop input and information acquired through the interview process in Task 1 C. Involvement and Communications Assessment An assessment of staff engagement, communication effectiveness, involvement and adaptability will be made based on workshop input and information acquired through the interview process in Task 1 C Accountability and Incentive Assessment An assessment of organizational accountability and motivation will be made based on workshop input and information acquired through the interview process in Task I C 1E.4 Develop Training and Staff Development Assessment Asset management training and staff development requirements will be identified for inclusion in the organizational development plan to be produced in Phase 2. Attention will be paid in this task to both workforce and succession planning and the relationship between these training and development requirements and the more specific requirements of asset management. 1E.5 Produce Technical Memorandum on Organizational Assessment A technical memorandum will be drafted, presented to the Steering Committee and finalized based on OWNER comments and requests. Task IF Business Case Financial benefits from the AM program are expected to accrue to OWNER in three forms: Agenda Item No. 16C6 April 24, 2007 Page 18 of 30 Cost Reductions — where the "input per unit of output" is reduced (doing the same task for less cost). An example: replacing inefficient motors with more efficient models such that the reduced operating costs pay back the capital investment for the new motors in a relatively short period of time. Cost Avoidance — where: • Unnecessary expenditures (investment) are eliminated. • Inappropriately scheduled investment is deferred until a more cost - effective point in time. • Investments are reduced in magnitude from what would otherwise have been approved. An example: a major capital replacement project is, upon closer analysis, converted to a less expensive refurbishment project combined with an enhanced maintenance program.) Cost Redirection — where investment is redirected from one management approach to a more cost effective approach. While the actual budget outlay is not reduced, these investments increase the life of an asset or raise the level of performance of an asset for the same level of investment prior to intervention (we spend the same for the task but get more from the work). An example: maintenance for a lift station is transitioned from unplanned reactive maintenance to condition -based predictive maintenance. During this task, the business case for implementing asset management will be developed by quantifying these anticipated benefits and comparing them to program costs in the form of return -on- investment. Other benefits — such as remaining in regulatory compliance or improving customer confidence — will be identified and considered qualitatively. The following subtasks are included 1F.1 Regulatory Requirements ENGINEER will evaluate the relevance of all current and pending regulations to determine their present or anticipated bearing on the program. 1F.2 Quantification of Program Benefits Anticipated financial benefits as discussed above will be estimated based on the efficiency and effectiveness programs and measures developed in Task 1 C. 1F.3 Program Cost and Risk Assessment Estimates of program cost will be made based on the information compiled during other Phase I tasks. 1FA Return -on- investment Analysis Return-on- investment (ROI) will be evaluated based on the cost, benefit and risk measures. It is anticipated that ROI will be presented as the estimated total change in future business costs as a ratio of the anticipated costs to implement and maintain the appropriate asset management system. Agenda Item No. 16C6 April 24, 2007 Page 19 of 30 1F.5 Conduct Business Case Workshop A workshop will be conducted to validate the ROI assumptions and review the recommendations upon which they are based. The recommendations are anticipated to relate to the following program elements: • Level of Service Standards • Asset Data Collection and Storage • Lifecycle Costing and Accounting • Capital Expenditure Validation and Prioritization • Business Risk Management • Asset Creation and Acquisition Standards • Asset Operations • Maintenance Practices Many of these elements will undergo detailed program design in Phase 2 of the project. Some of the elements will be tested during the proposed Team Challenge Task 1.6. 1F6 Prepare Technical Memorandum A technical memorandum will be prepared that summarizes the business case developed through this task. Task I Team Challenge The Phase 1 team challenge project is designed to realize four related but distinct outcomes. 1. Provide a practical solution to a real asset - related and techniques; 2. Provide hands -on experience with asset management techniques and a comfort and familiarity that "text book" learning cannot duplicate; 3. Test the assumptions contained in the ROI analysis; 4. Calibrate the effectiveness measures estimated in other tasks and the magnitude of effort that will be required to achieve the targeted "best appropriate practices" as identified in Task 1 C At this time, it is believed that an assessment of lift station renewal requirements offers a good opportunity to achieve the desired outcomes. The following subtasks are recommended: 1G.1 Perform Criticality Assessment Because the OWNER is embarking on an assessment of sewage lift stations, it is recommended that an assessment of criticality be made of the lift stations. Criticality is discussed in more detail in the Phase 2 scope of work later in this section. 1G.2 Select Critical Asset to Analyze Based on the criticality assessment, OWNER, will nominate specific lift stations to be analyzed. Maintenance history data for these assets will be provided to The ENGINEER, and site visits will be conducted to view them. Agenda Item No. 16C6 April 24, 2007 Page 20 of 30 1G.3 Select Team Challenge Team and Conduct Planning Workshop A working group of individuals knowledgeable about the lift stations and the data maintained about them will be convened. A planning workshop will be conducted in which the objectives of the Team Challenge project will be discussed. 1G.4 Collect Relevant Asset Data Lift station data related to initial capital cost, annual operating costs, maintenance history, condition, reliability and performance characteristics will be collected. 1G.5 Conduct Maintenance Strategy Workshops Two work sessions will be conducted to review alternative maintenance strategies for the lift stations being studied. The following strategies will be considered: • Managed run -to- failure • Preventive Maintenance • Reliability- centered Maintenance A preferred maintenance strategy will be selected for each lift station and /or components. 1G.6 Populate CAMPTool ENGINEER will provide OWNER a free software tool for use during the Team Challenge analyses. The tool is called the CAMPTool, which stands for Computerized Asset Management Program Tool. CAMPTool utilizes data to model the financial consequences of different maintenance strategies. 1G.8 Conduct Renewal Plan Development Workshop The maintenance strategy assumptions made for the chosen assets are modeled in the CAMPTool to produce estimates of financial requirements by year for asset renewal (repair, rehabilitate, replace) for a specified planning horizon. The results of this evaluation will be reviewed during the workshop, with adjustments made to assumptions as necessary to ensure that consensus is achieved on both the assumptions and the implications of the outcomes (long -term renewal liabilities). 1G.9 Produce Team Challenge Report Documentation of the Team Challenge project will be drafted, presented to the AMT and finalized based on OWNER comments and requests. Task 1H Phase 1 Project Report A comprehensive report on Phase 1 that sets forth the OWNER's recommended asset management program will be produced in this task. This task includes the following subtasks: 1H.1 Develop Phase 2 Recommendations Develop Program Recommendations Based on the outcomes of all Phase I tasks, ENGINEER will develop a recommended program to achieve the effectiveness and efficiency objectives of OWNER. In producing the recommendations ENGINEER will retain all relevant elements of Phase 2 and will build appropriate levels of detail into Phase 3. It is understood; however, that the outcomes of Phase 1 Agenda Item No. 16C6 April 24, 2007 Page 21 of 30 may result in a rearrangement of Phase 2 and 3 tasks and priorities. For example, the need to implement new WAMS software (see Phase 2) may need to be deferred/delayed in order to address the integration of existing software systems and processes. If this were to be the case, a considerable change to Phases 2 and 3 may be required. Revise Phase 2 Scope of Services Following OWNER approval of the recommended program, ENGINEER and OWNER will, if appropriate, negotiate changes to the Phase 2 scope of services of the project. 1H.3 Produce Phase 1 Report Develop Phase I Executive Summary ENGINEER will produce an executive summary of the Phase 1 effort and the recommended implementation program. The summary will be provided to the Steering Committee in written form and presented at a quarterly governance meeting. Finalize All Phase 1 Technical Memoranda ENGINEER will make revisions to all technical memoranda as necessary to present a coherent and complete record of Phase 1 activities. These memoranda will be incorporated by reference to the Phase 1 report. Produce Draft Phase I Report ENGINEER will produce a draft Phase 1 report with proper references to the technical memoranda, a full treatment of the business case and description of the recommended program. Produce Final Phase I Report A final Phase 1 report will be produced by ENGINEER in accordance with changes to the draft report recommended by OWNER. mr o Uor� N O O .iN Z_O E =CL a [0 C N m Q d L L d d A ti d R bA C. off o�rq °�° c c O a O c L ° ° aobo N� 3 QL1 .w�z� c O DODO- ONM V V r M .. N N bbt U CC aU+ C O U U U O U c O U o ; y 7D 00 O bA _ tt N y ❑ .OU. A w U U C . 0 C ,y U o. U•� U y � �� ¢ � 3 H C E" F V Q t1c 'r d Q Q _ �Cf' �� „v �v o �OQ¢9 >¢ a o > R U U V U U U. �� qr i y �0 tl 6 d CL M 3 ^^ s0.. �C ��0+ ��Nr CL CL O C1. C 4L y y y a p o a0i a°�i a0i p H Ca�1CaL �2AA A M T � o w y � X V G o cr • O O N .U+ 'in �• R O •� vi = �Oi. ,� d t�f 5 O p O .O >O n 0.1 � ~ � C. 0. O O., G. C1., U P. ✓ k' h y L1 .-• N M d' Vl 1p l� 00 U .• N xssy ¢ Q¢dd¢¢ WFnoa W UUUU Ll A W �@ >)) )< . QkazaQCq \4 R� §§ ); t � \ me ` \ \ § E\ « �\ }\} ( \[/ \�)j ff uu �zP. <�4 ( ƒf\ \/k ( � ƒ� a ) a �) \\ �\ ( ƒƒ93» 2= u \ 3 t 1=0 } , Cl �|. \;�; \ \ <± /i \ \\\\\\ \ ( Agenda Item No. 16C6 April 24, 2007 Page 24 of 30 Phase 2: Desizn The objective of Phase 2 is to design process changes, software tools and organizational development (OD) elements of OWNER's asset management program. The scope of work anticipated for Phase 2, is generally described below. The actual scope of work for Phase 2 will be negotiated at the conclusion of Phase 1. Task 2A Methods and Procedures Design During this task, ENGINEER will design process changes for seven key elements of the asset management program. Many, but not all of these elements will have been addressed during the Team Challenge in Task IF and the decision - making begun during that task will be carried over into the formal design work in Task 2A 2A.1 Asset Register The asset register is the central repository for infrastructure asset information. The register is comprised of database records for individual assets along with a data model that relates each asset to a parent or child asset. This relationship is referred to as the asset hierarchy. Because the OWNER manages a wide variety of street -side, plant, horizontal, vertical, distributed and stationary assets, uniformity in the data model design is the central challenge in this subtask. Anticipated activities in this subtask include: • Develop working structure for all assets - Develop overall asset hierarchy (structure and level of detail) for all assets. • Develop asset inventory and basic asset attribute requirements. • Test for appropriateness and manageability for sample of assets in each Department • Meet with work group and modify • Develop ongoing asset information collection and data entry program/staff responsibilities • Finalize • Refine implementation plan for execution during Phase 3. 2A.2 Services Levels The county and OWNER already has level of service standards (LOSS) built into the concurrency requirements. The service levels to be developed during this subtask are at a more detailed level. Whereas county LOSS is limited to the relationship between demand quantity and supply reliability, service levels in the context of asset management include elements of: • Customer expectations • Worker satisfaction • Environmental quality The activities to be conducted as part of this subtask are listed below: Agenda Item No. 16C6 April 24, 2007 Page 25 of 30 • Review general Phase 1 Service Levels ' Revise and develop specific service standards for critical assets /functions within each Department • Develop service metrics • Revise recommend measurement and tracking activities for implementation during Phase 3. 2A.3 Criticality Criticality is a metric that segregates an asset portfolio in accordance with the business risk the asset presents for the County. The OWNER manages an asset - centric business. In this subtask, a design will be proposed for segregating assets into criticality groupings that will help OWNER prioritize implementation activities, including the degree to which condition assessments are performed and the timing of the assessments. The activities to be conducted during this subtask are: • Develop working structure for all assets - Develop initial business risk evaluation methodology • Test for sample of assets in each Department — Perform initial business risk exposure (BRE) analysis for all core assets in each department • Convene a work group and modify — proposed BRE procedures. • Finalize • Recommend steps to institutionalize criticality measures and methods during Phase 3, 2A.4 Condition Assessment There are dozens of protocols for condition assessment, and very few industry standards. We believe the key element of this subtask is to develop rules for implementing appropriate levels -of -effort for condition assessment. For example, during the first 15 years of a pipeline lifecycle, it may be effective and responsible to base pipeline condition assumptions on statistical analyses of core samples in different soil types. Conversely, at 20 years, it may be more appropriate to conduct sonar signature analysis across certain pipe alignments or to conduct internal TV inspection in accordance with NASSCO standards for each pipe at least once every 3 years. Plant equipment, building facilities, solid waste processing and other assets each require different forms of condition assessment based on maintenance strategy and organizational risk tolerance. The activities anticipated for this subtask include., • Assess current county data and relevant procedures • Develop assessment protocols for major classes of assets working with County staff ' Test assessment protocols with county maintenance and operations staff ' Reconvene workgroup and evaluate results /modify as necessary Agenda Item No. 16C6 April 24, 2007 Page 26 of 30 Develop ongoing condition assessment strategy /program /staff responsibilities Recommend condition assessment priorities and implementation elements for Phase 3 execution. 2A.5 Valuation Valuation provides the financial basis for managing assets to achieve maximum service over their lifespan. The value of an asset portfolio should be based upon county accounting practices and industry standards, including GASB -34 and GFOA guidelines. The key aspect of this subtask is to ensure that the OWNER adopts an asset valuation method that either emulates other county methods or is consistent with those methods. Consistency elements of importance include: Depreciation Determination of Replacement Cost Relationship of Value to Condition and/or Level of Service The activities anticipated for this subtask include: • Assess current county data and relevant procedures • Develop protocols for major classes of assets working with County staff • Test protocols with county maintenance and operations staff • Reconvene workgroup and evaluate results /modify as necessary • Develop ongoing asset valuation program /staff responsibilities 2A.6 Maintenance Strategy There is not a single maintenance strategy applicable to all classes of OWNER's assets. Most strategies share a common framework referred to as optimal renewal decision - making (ORDM) which is a process used to determine when maintenance intervention is best undertaken and what that intervention should be. The selection of actual renewal strategy is highly asset- and organization- specific. Some common strategies include reliability- centered maintenance (RCM), Usage -based maintenance and predictive maintenance. The activities anticipated in this subtask include. • Initial workshop on maintenance purpose and objectives • Develop overall asset management plan and supporting maintenance organization structure /responsibilities from tasks above • Identify maintenance employee development needs • Identify individual maintenance plans /strategies business rules for various types of assets and classes of assets • Workgroup to formulate initial maintenances strategies for most critical assets • Develop ongoing documented maintenance strategy /program /staff responsibilities Agenda Item No. 16C6 April 24, 2007 Page 27 of 30 • Review with key managers ' Recommend implementation priorities for Phase 3. 1A.7 Capital Improvement Evaluation The capital project evaluation process is likely to be identified as a high priority element of the OWNER's asset management program. Concurrency — and the regulatory framework that supports it — is integrally related to asset management practice. The capital projects nomination, validation and prioritization process is where the relationship lies. Activities anticipated under this subtask include: • Assess current county data and relevant procedures • Assess County validation/prioritization processes • Develop alternative approaches based on the earlier work for asset mgmt ■ Reconvene workgroup and evaluate results /modify as necessary • Develop ongoing CIP evaluation program /staff responsibilities ' Finalize and write up Task 2B Software System Requirements and Selection Whereas OWNER utilizes a number of software products that are or can be used to support asset management, the purpose of this task is to determine the most cost - effective software solution to support the asset management methods and procedures designed in Task 2A. The ENGINEER will demonstrate representative software applications to give OWNER a general idea of the typical features of commercial software packages, or — as appropriate — to demonstrate how software presently owned by OWNER may be more effectively utilized for asset management purposes. The ENGINEER will organize the requirements into modules, or collections of functions. These modules will correspond to the methods and procedures designed in Task 2A. Each module will be described in the format shown below: Element Description Purpose What the module does. Process How the module would Model implement methods and procedures Functionality Specific functions supported by the module Data The data required for the Requirements module to deliver core capabilities (with reference to Task 1D Reporting One or more reports that Agenda Item No. 16C6 April 24, 2007 Page 28 of 30 Requirements support OWNER's selected KPIs System A description of the Interfaces automated interfaces to other modules that the module Based on the findings of the preceding task, the ENGINEER will recommend one of three strategies for acquiring necessary functionality. • Deploying functionality from an existing software application that has not yet been utilized; • Acquiring from a vendor either a stand -alone function, or, more likely, as part of a wider ranging application; or • Developing custom "plug -in" applications or middleware to integrate with existing systems. Where a vendor solution is reconnnended, the ENGINEER will identify vendors who have available relevant applications that the ENGINEER has identified as mature and robust enough for consideration. Where a custom application is recommended, the system specifications addressing required business - logic, sample screens, reporting and core architecture will be described. The current system description, the needs assessment, and the functionalities descriptions and rankings must converge into a strategic IT deployment plan. • Expanding the deployment of the SAP Enterprise Resource Planning (ERP) package, focusing on integrating best practice based AM business processes with existing or designed SAP functionalities; • Better integrating existing "siloed" applications to construct as much of the required functionalities as possible from existing applications; • Acquiring specialized AM package /applications for common OWNER -wide core functions such as risk- consequence analysis and optimal renewal decision - making where such functionality does not exist or is insufficient; or, • Combinations of the above. At this time, we assume that the deployment plan will consist of a 30% systems integration design and one or more RFPs for commercially- supplied software. If commercial software procurement turns out not to be the recommended path, the subtasks below will be revised. The subtasks envisioned for this work are as follows: 213.1 Procurement Procedural Requirements and Market Strategy 213.2 Integration Strategy and 30% Design 2B.3 Work and Asset Management (WAMS) Draft Functional Specifications 213.4 Vendor RFI 213.5 Vendor /product Short-list 2B.6 Product Reviews 213.7 Work and Asset Management (WAMS) Final Functional Specifications 213.8 RFP Development Agenda Item No. 16C6 April 24, 2007 Page 29 of 30 In is our understanding that assistance with vendor /product selection, if desired, would be contracted as a Phase 3 work assignment. Task 2C Organizational Development Plan Most of the organizational development planning we anticipate being required for the asset management program will take place during Phase 1. During Phase 2, we recommend that specific development priorities be specified in writing for use in implementing change during Phase 3. The subtasks anticipated as part of Task 3 are: 2C.1 Confirm vision, strategic goals and organization culture 2C.2 Define roles, responsibilities and organization structure 2C.3 Develop staffing and hiring plan 2C.4 Develop training and development plan 2C.5 Develop internal communications plan Phase 3: Implementation It is anticipated that the Asset Management Program will be phased over several fiscal years. It is the OWNER's intent to engage ENGINEER as needed during the program implementation. The scope of work anticipated for Phase 3, will be negotiated at the conclusion of Phase 2. Services may include the following: Process • Business Process Improvement: Services include activities to test and finalize revised business processes designed in Phase 2. Also included is the assistance with establishment of equipment hierarchies, criticality indices, maintenance practice modifications, implementation of revised maintenance procedures and revisions to equipment inventories. Development of Performance Measurement System: Include implementing a KPI (Key Performance Indicators) measurement system and assisting County staff with it use and techniques for management by KPIs. Equipment and Infrastructure Condition Data: This work includes a cost effective approach to collecting condition information for County assets starting with the critical assets. Technoloay • Technology Selection (if required): Includes assisting with the selection of technology systems specified in the previous phase. Technology Implementation Management: This may include software system implementation, contract management and system testing /acceptance for systems that may be necessary to meet the program goals. Agenda Item No. 16C6 April 24, 2007 Page 30 of 30 Technology Development: ENGINEER may be engaged to develop software applications within technologies currently in use or within newly procured systems. This may also include software interface development and testing as may have been defined in the previous phase. Organization • Change Management Services: This includes services to work with OWNER staff in an effort to address and mitigate the inevitable concerns that will arise due to change in work processes and requirements. Testing and Rollout: It is anticipated that the Implementation Plan will have defined several tests. The consultant shall assist with developing the testing program details, monitoring their effectiveness and rolling out the programs to the broader organization. Agenda Item No. 16C7 April 24, 2007 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to utilize a short -term inter -fund loan from user fees as an interim funding source for the South County Regional Water Treatment Plant (SCRWTP) 12 MGD RO Expansion project 700971, and for the South County Regional Water Treatment Plant (SCRWTP) Well field Expansion - Easement project 708921, Water Impact Fee capital projects. OBJECTIVE: Recommendation that the Board of County Commissioners of Collier County, Florida, acting as the ex- officio governing Board of Collier County Water -Sewer District, approve the utilization of a short-term inter -fund loan from user fees as an interim funding source for the South County Regional Water Treatment Plant (SCRWTP) 12 MGD RO Expansion project 700971, and for the South County Regional Water Treatment Plant (SCRWTP) Well field Expansion- Easement project 708921, Water Impact Fee capital projects. CONSIDERATIONS: The SCRWTP project 700971 has a budget (net of grants) of $17,922,200.59 and SCRWTP project 708921 has a budget (net of grants) of $43,951,982.38 approved by the Board for FY 07. These projects were also included in the Water Master Plan approved by the Board on June 6, 2006, Item I OB. The projects were originally scheduled to be funded 100% by low interest State Revolving Fund (SRF) loans and were approved as such by the Board on March 13, 2007, item 10I and IOJ. Expenses paid for these projects are eligible for reimbursement by the Florida Department of Environmental Protection (FDEP). Recent developments at the federal congressional level have delayed the typical flow of funds to the state; therefore, uncertainty exists as to the amount and timing of funding for the projects. In addition, the cash position in the Water Impact Fee fund has diminished considerably due to the slow down in the building permit activities. The execution rate of the above listed projects exemplifies the desirable project outcomes and deliverables in terms of magnitude, timeliness, and quality. Furthermore, there is a likelihood of time lag between the disbursement of payments to vendors and reimbursement from the FDEP. The resulting expenditure rate still continues to be within budget; however, it has outpaced cash flow expectations and existing cash balances. Therefore, it is fiscally prudent to borrow user fees as an interim funding source to cash flow these two projects and pay back the user fee funds with the SRF loan proceeds. This will provide the County with the flexibility to execute the project without jeopardizing the cash availability and to pay invoices in a timely manner. Based on the conversation with the DEP officials and the consultants, staff believes that the uncertainty in timing and amount of funding will become clearer sometime in June or July of 2007. If this uncertainty continues at that time, staff will evaluate the need to modify the agreement with the DEP and transfer part of these projects to be funded from the proceeds of the 2006 Revenue Bond. Agenda Item No. 16C7 April 24, 2007 Page 2 of 3 Another alternative considered was to draw down on the commercial paper program which the Board has already authorized on May 22, 2002, Resolution # 2002 -256, item 10K, for $70,000,000, of which $32,000,000 is still available for funding projects. However, considering the interest cost of the external funding source, staff recommends not using a short term financing instrument like the commercial paper loan. This recommendation has been reviewed with the County Finance Committee FISCAL IMPACT: User fee funds will provide the needed cash when there is an inadequate cash position in the water impact fee fund to meet the payments to various vendors. This will be done on a "as needed" basis. Interest will be accrued on outstanding balances at the State Board of Administrator's monthly participant rate of return plus eleven (11) basis points to compensate the user fee fund, which approximates the rate currently earned by the user fund. The interfund loan amount will be capped at $9,000,000.00. Reimbursements received from the State Revolving Fund Loans for the projects will be used to repay the interfund loan, plus interest. GROWTH MANAGEMENT IMPACT: This action elicits no impact on Growth Management. RECOMMENDATION: Recommendation that the Board of County Commissioners of Collier County, Florida, acting as the ex- officio governing Board of Collier County Water -Sewer District, approve a short-term inter -fund loan from user fee as an interim funding source for South County Regional Water Treatment Plant (SCRWTP) 12 MGD RO Expansion project 700971, and for South County Regional Water Treatment Plant (SCRWTP) Well field Expansion - Easement project 708921, Water Impact Fee capital projects. PREPARED BY: Bala M. Sridhar, Senior Management & Budget Analyst, Public Utilities- Operations Agenda Item No, 1667 April 24, 2007 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 15C7 Item Summary: Rewombendation to utilize spoil -tent, Inter -fund loan from user fees as an Interim funding source for the South County Regional Water Treatment Plant (SCRATP) 12 MG0 RD Expansion project 700971 and for the South County Regional Water Treatment Plant (SCRWTP) Well field Expansion Easement project 708921. Water Impact Fee capital projects Meeting Date: 4241200? 9:00'00 AM Prepared By Bala Sridhar Sevier ManegementlBULget Analyst Data Public Utilities Public Utilities Operations 4/9120078:13:22 AM Approved By Phil E. Granulites, P.E. Sr. P"i Manager Data Public Utilities Public Utilities Engineetlng 411012007 9:32 AM Approved By Thomas Wales Operations Director Data Public Utilities Public tfii0tlea Operations 411012007 10:16 AM Approved By James W. Delon, Public Utilities Administrator Data Public Utilities Public Utilibee Amormstrafion 411912007 10:29 AM Approved By OMB Ceordmn for Administrative Assistant Date County paradises OFne Office or Management & BUdee1 411012007 1:40 PM Approved By „_. SUSan dabs, Senior ManagamentlBudget Analyst Date County Managets Chin Office of Management 8 Budget 411712007 5:53 PM Approved By Michael Smykowski Management 8 Budget Director Date .. unty M.b."c a IXpce Office of Management 8 Budget 41181200712'. e5 PM Approved By James V. Mudd County Manager DMe Board of County Commissioners County Manages Office 411812D07I 38 PM Agenda Item No. 161D1 April 24, 2007 Page 1 of 21 EXECUTIVE SUMMARY Recommendation to affirm the approval of a United State Fish and Wildlife Cooperative Agreement 401816J091 for a Derelict Vessel Removal Grant and approve all necessary budget amendments to recognize and appropriate grant revenue in the amount of $30,000. OBJECTIVE: To assist the Ten Thousand Islands National Wildlife Refuge with the removal of derelict vessels. CONSIDERATIONS: Cooperative Agreement 401816J091 was approved by the Board of County Commissioners on October 10, 2006 to accept up to $250,000 from the United States Fish and Wildlife Service (USFWS) for purposes of carrying out derelict vessel removal on the Ten Thousand Islands NWR with primary benefits directed towards Federal trust resources. The USFWS obligation to provide funding for increments included in this agreement is contingent upon satisfactory performance and the availability of funds. The total agreement can not exceed $250,000 from July 1, 2006 through June 30, 2011. The USFWS pursuant to agreement 401816J091 has agreed to fund an additional $30,000. This brings the total value of grants received for Derelict Vessel removal to $61,000. The USFWS and Collier County have responsibilities and goals for conserving natural resources: a. The USFWS has primary responsibilities related to Federal trust species and their habitats, such as endangered and threatened species, migratory birds, anadromous fish, and wetlands. b. Collier County has had responsibility for removal of derelict vessels within the county since 1998 in order to preserve and enhance the waterways and estuaries within the County. Projects will be undertaken in cooperation between the Service and Collier County in the location, planned for removal. This agreement provides funding from the Service to Collier County for carrying out projects and activities as identified in the Scope of Work. No additional matching funds are required. FISCAL IMPACT: A budget amendment is required to recognize $30,000 in U.S. Fish and Wildlife Grant proceeds. This grant revenue will be recognized within Natural Resources Grant Fund (117). No additional matching funds are required. GROWTH MANAGEMENT IMPACT: The derelict vessel removal project supports Objective 6.6, 6.7 of the Conservation and Coastal Management Element of the County Growth Management Plan. RECOMMENDATION: To approve the necessary budget amendments for additional funding as part of Cooperative Agreement 401816J091 between the U.S Department of the Interior Fish and Wildlife Service and Collier County Government in the amount $30,000 for the removal of Derelict Vessels. PREPARED BY: Pamela Keyes, Environmental Specialist, Coastal Zone Management Department Agenda Item No, 16D1 April 24, 2007 Page 2 of 21 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS + Item Number: 16DI Item Summary: Recommendation to affirm the approval of A United State Fish and Wildlife Coopara0ve Agreement 401816JO91 for a Gerald Vessel Removal Grant antl approve all necessary budget amendments to recognize and appropriate grant revenue in the amount of $30 000. Meeting Date: 42412007 990.00 AM Approved By Gary McAlp10 Costal Project Manager Date Public Services Coaslel Zone Management 4/512007 3:56 PM Approved By Marlene J. Foots Grants Coordinator Date Administrative Services Administrative Services Admin, 415120074:38 PM Approved By Kathy Carpenter Executive Secretary Data Pubnc Services Public Si Adman. 416120079:17 AM Approved By Marla Ramsey Public Serocas AEministrator Data Piddle Services Public Services Adman, 4161200712:27 PM Approved By OMB Coordinator Administrative Assistant Date Connor Manage, a Office Office or Management 8 Budget 4111/2007 7 9 5 AM Approved By Mark lseckdt- Butlget Analyst Date County Mars,ar'a Office Office of Management & Budget 4116120074:42 PM ,-- Approved By Sherry Pryor Management& Budget Analyst Data Count, alanagre, Once Office of Management & Budget 4/1612007 4:45 PM Approved By James V. bond County Manager Date Board of County Commies'ronerc County Manager's Office 4116120075: 04 Per In Reply Refer To: F WS/R4BA/CGS Agenda Item No. 16D1 April 24, 2007 United States Department of the Interior RedtlI �o Mr. James Mudd County Manager Collier County Government 2800 North Horseshoe Drive Naples, Florida 34104 Dear Mr. Mudd: FISH AND WILDLIFE SERVICE 1875 Century Boulevard Atlanta, Georgia 30345 September 18, 2006 r SEP 2 2006 Enclosed for your files is an executed copy of Cooperative Agreement 401816J091. Also enclosed are Standard Forms 269 and 270 for your use under this agreement. A copy of the Project Officer delegation is also enclosed. If you have any questions concerning this agreement, please contact Vincent Chua, Contract Specialist, at the above address, Suite 310, or at telephone number (404)679 -4059. Enclosures Sincerely, on a er Chief, Contracting and General Services Division TAKE PRIDE `&M=1 INAMERICA =.�� Agenda Item No. 161D1 April 24, 2007 Page 4 of 21 AGREEMENT NO: 401816J091 CHARGE CODE 41545- 1262 -4600 W5 FY06 Amount $31,000.00 DUNS NO: 076997790 FAADS: 12- 47625- Naples- 021 - Collier- 33939 -14- 07/01/06- 06 /30 /11 -To to facilitate removal of derelict vessels on the Ten Thousand Islands National Wildlife Refuge to restore and improve Federal trust resources in estuaries -01 COOPERATIVE AGREEMENT Between U.S. DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE And COLLIER COUNTY GOVERNMENT I. COOPERATIVE AGREEMENT RECIPIENT: Collier County Government Collier County Environmental Services Department 2800 North Horseshoe Drive Naples, FL 34104 Recipient Class: County Government Catalog of Federal Domestic Assistance Number: 15.631 11. AUTHORITY: This agreement between the U.S. Department of the Interior, Fish and Wildlife Service (hereinafter referred to as the "Service ") and Collier County Board of County Commissioners (hereinafter referred to as "Collier County) is hereby entered into pursuant to the authority contained in Section 1 of the Fish and Wildlife Coordination Act (16 U.S.C. 661) and the Fish and Wildlife Act of 1956 (16 U.S.C. 742a -742j) and The Volunteer & Cooperative Partnership Enhancement Act of 1998. III. PURPOSE: This Cooperative Agreement is being implemented in order to facilitate removal of derelict vessels on the Ten Thousand Islands National Wildlife Refuge to restore and improve Federal trust resources in estuaries. Projects will be undertaken in cooperation between the Service and Collier County in the location, planning, and implementation of Agenda Item No. 161D1 April 24. 2007 Page 5 of 21 removal. This agreement provides funding from the Service to Collier County for carrying out projects and activities as identified in the Scope of Work (Article V). N. BACKGROUND: The Service and Collier County have responsibilities and goals for conserving natural resources: a) The Service has primary responsibilities related to Federal trust species and their habitats, such as endangered and threatened species, migratory birds, anadromous fish, and wetlands. b) Collier County has had responsibility for removal of derelict vessels within the county since 1998 in order to preserve and enhance the waterways and estuaries within the County. The County program supports Objective 6.6 and 6.7 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan. For this agreement, funding is subject to appropriation of project funds by Congress, and shall be for the purposes of carrying out derelict vessel removal on the Ten Thousand Islands NWR with primary benefits directed towards Federal trust resources. V. SCOPE OF EFFORT: For the period hereinafter set forth, Collier County and the Service will famish the necessary personnel, materials, services, and facilities needed to implement derelict vessel removal on the Ten Thousand Islands NWR as specified below. A. The Service and Collier County mutually agree: That each and every provision of this agreement is subject to the laws of the United States and the State of Florida. 2. To cooperate in providing recognition for each party of this agreement. Such recognition may include the display or mention of the names and logos of each agency in publicity of cooperative projects, publications, project documents, and any signs placed on project sites. 3. That each party will assign an official representative to coordinate and carry out the provision of this agreement. 4. That activities covered within this agreement shall not be construed as obligating the Service or Collier County to expend, or as involving the United States or Collier County in any contract or other obligation for future payment of money, other than as specifically stated in Article VII of this agreement; or in excess of appropriations authorized by law and administratively allocated for this agreement. 2 Agenda Item No. 16D1 April 24, 2007 Page 6 of 21 VI. PERIOD OF PERFORMANCE: The period of performance of this agreement is from July 1, 2006 through June 30, 2011. The initial award of $31,000.00 should be completed by April 2007. VII. AWARD AMOUNT: A. TOTAL (NOT -TO- EXCEED) AWARD AMOUNT: $250,000.00 B. TOTAL AMOUNT FUNDED TO DATE: $31,000.00 C. FUNDING INCREMENTS: The Recipient is advised that the Services' obligation to provide funding for funding increments included in this agreement is contingent upon (i) satisfactory performance and (ii) the availability of funds. Accordingly, no legal liability on the part of the Service exists unless or until funds are made available to the Recipient and notice of such availability is confirmed in writing to the Recipient. VIII. APPROPRIATION DATA: APPROPRIATION: 41545- 1262 -4600 W5 $31,000.00 FY06 IX. PAYMENT PROVISIONS: A. Upon acceptance of the terms and conditions of this agreement, the Recipient may submit requests for payment using Standard Form 270, Request for Advance or Reimbursement, no more frequently than monthly. (Standard Form 271 must be used if agreement is for construction.) The Debt Collection Improvement Act of 1996 (P.L. 104 -134) requires that all federal payments made by an agency after July 26, 1996, must be made by electronic funds transfer unless the recipient certifies that they do not have an account at a financial institution or authorized payment agent. B. The original and one copy of each payment request (SF 270) shall be submitted to the Service Project Officer identified in Article XI.A of this agreement. Upon approval, the Service Project Officer shall forward the payment request and one copy to the Budget and Finance Office for processing. C. Should the Recipient be unable to complete the provisions of this agreement, all monies provided by the Service which prove to be cancelable obligations or unallowable costs in accordance with OMB Circular A -87 ( "Cost Principles for State and Local Governments ") or the approved budget, shall be refunded to the Service. D. This agreement is intended to support a particular project for a specific period of 4 Agenda Item No_ 16D1 April 24, 2007 Page 7 of 21 time. Any portion of funds advanced to the Recipient that are not expended at the completion of the period of performance of this agreement shall be returned to the Service, along with any interest earned on that amount. E. All work that is contracted out by Collier County shall be paid by Collier County, according to their contracting procedures. X. ADMINISTRATIVE OFFICER: The Administrative Officer for this agreement is: Vincent Chua U.S. Fish and Wildlife Service 1875 Century Boulevard, Room 310 Atlanta, GA 30345 Phone: 404 - 679 -4059 Fax: 404-679-4057 E -mail: vincent_chua @fws.gov XI. PROJECT OFFICERS: A. U.S. Fish and Wildlife Service Terry J. Doyle Wildlife Biologist Ten Thousand Islands National Wildlife Refuge 3860 Tollgate Blvd, Suite 300 Naples, FL 34114 (239)353 -8442 ext228 (239)353 -8640 (fax) E -mail: Terry_Doyle @fws.gov B. Collier County Environmental Services Department Doug Suitor, Senior Environmental Specialist Collier County Environmental Services Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 213 -2953 (239)213 -2960 (fax) E -mail: Doug Suitor @colliergov.net XII. REPORTING/DELIVERY REQUIREMENTS: A. Within 30 days following the completion of a derelict vessel removal project Agenda Item No. 16D1 April 24: 2007 Page 8 of 21 under this agreement, Collier County's Project Officer will provide the Service Project Officer with an overview summary report, including any recommendations for additional studies or information needed to further support improvement associated with the subject project. Also, Collier County shall document the before and after project conditions by taking print or digital photographs necessary to adequately depict site conditions. A copy of such photographic materials shall be provided to the Service Project Officer. B. Final Financial Status Report: Within 90 days after completion of this award, the Recipient shall submit to the Service Administrative Officer a final Financial Status Report (Standard Form 269). XHL TERMS AND CONDITIONS: The Department of the Interior regulations governing assistance agreements with state, local, or Indian tribe governments at subparts A -E of 43 CFR Part 12, Administrative and Audit Requirements and Cost Principles for Assistance Programs, (plus relevant circulars of the Office of Management and Budget as referenced in these regulations), are applicable to this agreement and are incorporated by reference with the same force and effect as if they were given in full text. Upon request, the Service's Division of Contracting and General Services will make the full text of these regulations available. XIV. MODIFICATIONS: Modifications or renewals may be proposed at any time during the period of performance by either party and shall become effective upon approval of both parties. XV SPECIAL PROVISIONS: A. The liability of the Service will be governed by the Federal Tort Claims Act (28 U.S.C. 2671 et seg. . The extent of the recipient's liability shall governed by the laws of the state of Florida B. This agreement may be terminated upon 30 days notification by either party and by mutual consent of both parties. C. Recipient will comply with sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a -10c, popularly known as `Buy American Act"). D. Recipients of grants /cooperative agreements and/or sub - awards are encouraged to adopt and enforce on-the-job seat belt use and policies and programs for their employees when operating company - owned, rented, or personally -owned vehicles. These measures include, but are not limited to, conducting education, awareness, and other appropriate programs for their employees about the importance of wearing seat belts and the consequences of not wearing them. v Agenda Item No. 16D1 April 24, 2007 Page 9 of 21 to adopt and enforce on-the-job seat belt use and policies and programs for their employees when operating company- owned, rented, or personally -owned vehicles. These measures include, but are not limited to, conducting education, awareness, and other appropriate programs for their employees about the importance of wearing seat belts and the consequences of not wearing them. IN WITNESS WHEREOF, the parties hereto have caused this Grant Cooperative Agreement to be executed as of the date therein written. U.S. DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE BY: Z�01 TITLE �' so GK" WO M DATE: S E P 1 8 2006 TTEST: E. BROC) �r BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: B Depu Cle fF James V. Mudd, County Manager -owed at to form legal sufficiency: �s�� CountyAttomey Agenda Item No. 16D1 April 24, 2007 Page 10 of 21 Attachment A - Project Description Station or Ecosystem Submitting Proposal: Ten Thousand Islands NWR South Florida Ecosystem (1) Project Title: Removing Derelict Vessels from the Ten Thousand Islands, Florida (2) Region: 4 (3) State: FL (4) Ecoteam Rank: (5) Overall Team Rank (Optional): (6) Primary Fund Source: ON (7) Alternate Fund Source: OFF (8) Cross -Team Project: No (9) Cross Regional Project: No (10) Dollar Amount Being Requested: Region 4 Amount Requested from this Region $31,000 Region Amount Requested from this Region Region Amount Requested from this Region (11) Organizational Code: 41555 (12) Station Name: Ten Thousand Islands NWR (13) Location: Ten Thousand Islands. Florida (14) Fiscal Year Funded: 2006 (15) Date Accomplished: September 30, 2007 (16) Project Type: H (17) Duration: i year (18) Station/Stations Receiving Funds: Ten Thousand Islands NWR (19) Description: Derelict vessels (abandoned and dumped boats with no traceable owner) that occur in the Ten Thousand Islands are potential navigation hazards and sources of contamination. These vessels are scattered throughout the area, with an especially high concentration within the Ten Thousand Islands National Wildlife Refuge ( TTINWR). This project has been identified in the TTINWR Comprehensive Conservation Plan (Task 1.3.8). Collier County has removed derelict vessels within the County since 1998 in order to preserve and enhance the waterways and estuaries within the County. The County program supports Objective 6.6 and 6.7 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan. Vessels that have been issued a Florida Fish and Wildlife Conservation Commission Derelict Vessel Report (FWCC DV Report) are eligible for removal under the County program, which then seeks funding for removal. Limited funding is available through the Florida Fish and Wildlife Conservation Commission Derelict Vessel Grant Program (however, this program has not been funded for the last 2 years) and the County's reimbursed Boating Registration Fees. The typical cost for a removal of a derelict vessel is about $2000 for a class A vessel (15- 20'), $2500 for a class 1 vessel (21 -251), $4000 for a class 2 vessel (26 -301), and greater than $6000 for class 3 vessels (35' +) and houseboats. The County will continue to remove derelict vessels from the Ten Thousand Islands NWR as long as there is money to do so, but additional funding is needed. To date, 34 derelict vessels have been removed County-wide at a cost of $56,850. Of these, 14 have been Agenda Item No. 1601 April 24, 2007 Page 11 of 21 removed from the TTINWR at a removal cost of $33,250. There are an additional 30 vessels that need to be removed County-wide. Of these, 17 occur in the Ten Thousand Islands at an estimated removal cost of $37,171 and 13 of those occur on the TTINWR at an estimated removal cost of $30,875. (20) Total Project Cost: 17$ 1,655 (21) Flex Fund Cost On- Service Lands: $30.875 (22) Flex Fund Share Off - Service Lands: Habitat $6,296 Administration $ (23)Total Cooperator Contributions: $140,780 (9d\ rn. rnfnr Ta}ite- Cooperator Labor Equipment Materials Funds In -Kind Total Collier County $56,850 $58,130 $144,980 FWCC $25,800 $25,800 Total $56,850 $83,930 $140,780 (25) Land Classification: S. O (State) (26) Project Action: Restoration (27) Acres Restored: Wetland-100 000 (28) Upland (29) Riparian: Miles Acres (30) Instream: Miles 5 Acres 60 (31) Listed Species: Smalltooth Sawfish, Manatees, and sea turtles (32) Coordination with Recovery Lead Field Office: (33) Recovery Priority: (34) Recovery Plan Task and Priority: (35) Key Contacts: Terry J. Doyle, 239 - 353 -8442, ext. 228 Note: If needed, and especially for Research and Recovery Grant Proposals, the Description of the Project may be continued on this page. FINANCIAL STATUS REPORT (Lap FOYfn) (Follow ndnwdons on the beck) Agenda Item No. 16D1 April 24, 2007 Paqe 12 of 21 L FaderalApen�Y antl OrYtniubW EemeM ZFabnl GraMaOtarleenttyilp NumbrAUigratl dAB 1ppaY PpsoF- tN RePo!y k Suhnebd ByfebewApray N0. 0 3484031 A gr�ieM prpaniTafan lfterre ate eerrpde edema, hdudnp ZlP Oedy _ 4. Ennoop, identifc "I`Nurbr 5. RedpNMM.mixVIY 0, ldenaytp Numb. Q F" Report 7. Bate p Yet C Me O Ctah 13 Acc ! -Fudeg,Grant Period (See hrew.Ybna) P. Period Covered by ft Repart Fee (MarBS DIY' Yesfl To IMOntr, Dry, Yta) Fern (Mret DIY. Yak Ta (Matte, Dy, Yeeh 10. Tran••dions= - I I A ROD~ Th4 P•rled Cuaipw e Tow "'al" e Rekrrda, reab•,Ind n PraPrern Income wed h eomrbnw e11h er deduction eMtmelM Q N.tow.r•(r�11.1•E, de wmdiase dare RtclpieM'e share of net oWa", eoak tkq of: •. Thtrd P�My (ir+kl.tf)milrDimrs L Oder Federal awem aultab d e be Lad a mlmh the ewaM 0. weed irlcorne weed in eowMenoee wn me melding or cote shed aeenad`a R Ap dher rsuP4M atery•Mtliven on 4lee e,lag L Talal reciGl°nt ebredM ouMYS (Sum dines •. L g andM ) FetWal share dnstaudeye pyre Olas eaB I Tald unliquidaad obllpdba L 'am. she• d unequiMbd adipetora m. fetleral ear° d uNiquhwtl oldpMbu ay. •'j w n 7da1 Federal shM (sum d%aa1 and M - o. Tatel Federal fence sudmiad for this ending period p, Unpb19•ted Iaence d Fetlew irritle (LMie o inhere line M Program Income, coabtln 2 d: q. Oiebused Proaen hmne them on Ira c aMbr 0 M1ow ry. r. D4bureed prodrsm One" wing he sdtltion N4mwe e. ILdiWUrsed PM —Minna r L Tool rem tra.rr reeaetl (Sum Biwa q. reM s)` I: N En 1 t Typ dRW (Plow n eppmpdaw boy 1t htlyed D Provisl blonsl Q R•d•termlrrW D Final D Fixed Eepave b. Rote c. Bea d. TdelMOUM s. Fed"Ble• 12 Remarks: APece eny axpsneedna drom•0 receaury or/nAmMlbnrpdred by Federal sponaorinp egsneyh rompf(srge wdb V.Mk g wiswrxat 13. Canifr•dcru I whey M too bat d my knowledge Intl belief tbt M4 sport M Wmct eM compete eM Dal ell o Ways and unl u1NIed oblig.ficnns art for the pu sev ed forte In the neerd Oocunente. Typed or Pritad Nana and Tile Tebphore (Ara code, numb. ek •emsbn) Sgaha d Adtodad CeMying drxdM Deis Repod Sutenit[ed —.. c� Liebe 180.104 sward farm 2d9 Rtee. 7-97) NSN 7U"1-01247dd PreeaOed lay Once c•cmm hIw and A 1 lu ]Wide P.O. t39 (FwI FINANCIAL STATUS REPORT 1140. Rafe roaring buraenbrtMe coNCpmdkbrtepenb apimasdbsveaget D minuM per napoma, Indutlinp iH%brn,viewrinp irrtnclkre, pn��,'N,,,i,,„ < esarthvg existing dab wurcea, pHhennp end maiMeid,p tlra tlW iaetled, and eompkd,g end rev+et"k7 ire mbdbn dkbmtatbn Bard axaaweye 1 ,epenlig Me bu rden caste ovary other caged d it's mlbdion dMomalbn, krrArdinp euppesdone for rsudnp tiva lxMan, to are 011wd pansperned and Budget paPaaart Re,iuerbn paps f WI6.00Jt} MbeAYpbr� DC 80.103 PLEASE p0 NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. plwae type or print legibly. The following general instruction explain how to use the form Itself. You may need addldoryd information to complete certain items correctly, or to decide whether a specific Rem is applicable to this award. Usually such information will be found it the Federal egenWs grant regulations or in the tame and ponGlorss of the award (e,G• how to calcuiste the Federal sham, the permissible uses of program income, the wWe of h-WW contributions, etd.Z Ypg may ww contact the Federal agency directly. 1, 2 and 3. Sel explanatory. 10b. Enter any remlpts mated to outlays reported on 4h Ion that am being treated as a reduction of epenmbir% 4. Enter the Employer Identification Number (EIN) rather Non Income, and was not alnady naiad put of assigned by the U.S. Internal Revenue Service. the amount Sham as outlays on line 1100. 5. Space reserved for an amount num er or other too. Enter the amount or program Income that was wad 1, identifying number assigned by the redolent. accordance with the deduction slterrWiti e. Check yea only 0 Ma is to last report for the Note: Program Income used in s000rdarra with other period shown In Item S. shemaing is entered on Wit q. r. and s. Redpapp reporting on a cash basis should enter the amoaa of 7. Selhaxpansary. cash hcan% received; e an accrual boat, ant this program Income earned. f ropnrn Income may of rob 8. Unless you haw received other insinidomal Iran net hen been Included in as application bud list armor the awarding agency, enter the beginning and a budget on the award document. If edup Mat% to ending data of the current funding period. 0 this is hoer a different source Of is significantly ffmwd In a mu1N - year program, the Federal agency might amourd, stitch an explanation or us to remaip require cumulative reporting through wnsecWVe seers. funding period&. In that case, enter the beginning and ending fetes of the grant period, and In the rep 10d, e, I, 9, h, I ss j. SeaerpW ry. of these Inshuttlas, substute the hofft 'grant R 10k Enter the total amcuni d unlicluklatad obligobligations, la. period" for unding perloV including unfipuaatad obligations to subpraMea and B. Ser"xpanatory. contractors. 10. The purpose of colurms. I, 1, and a Is to shoe I1* Unliquidated obligations on a cosh basis we obligations effect of this reporting periods transaction on incurred, but not yet paid. On an searusl baW, they tee cumulative financial sates. The amounts emend In obligations Incurred, but for which en outlay has not ye( column I well normally be the same as thos In been retarded. cdumn ■ of ea previous report In the sas funding period. lf tNe is the first as only repot of Do not include any emaunte on line tOk that have beep this funding period, ban adumn I and 1 blank. 9 included on IIne fps and 14 you need to adjust amounts entered on previous camn reports, footnote the kr I entry on this report On the Imp moor, Is tOk must be uro. and attach an explanation. tOL SeB +xpanabry. too. Enter tote octal program outlays. Imduds disbursements of cash regired as program Intone 10m. On th final report line 10m must also be rare. M that income will else be shown on keg 10c or tog_ Do not include program income Mat will be 1 On, o, p, q, r, s and I. Self<xpIwtory. shown on line for or Va. 11a. Sedexpanalory. For reports prepared on a cash bask, outlays sin 11b. Enter the Indirect cost ripe In effect during the mostip the son of actual cash disbursements for direct costs for goods and services, the smouni of Indeed pew• expense charged. the value of In -kind mmilbuda% applied, and the amount or cash advances and 11c. Enter the amount of the Mae against which the pis payments made to subreclplenis. For repay was applied. prepared on an so ual Minis, outlays am the sum 11tl. Enter the amount d Minot eosin chaps es'rg of dust cash disbursements for direct Marge for pert the report period. goods and services, Me amount of Wind expense incurred, the value of •n -kind contributions applied, 11e. Enter the Federal sham of Me amount In 11d and the net increase or domestic in the amount owed by the recipient for goods and other property Nob: d more than one rate sus m lifted dung 0r cup received, for services performed by employees, shown In tam 8, attach • schedule showing the amp contractom, subgrantees and other payeea, and other amounts becoming owed under programs for realest which the dlfamM rates wen appall is r which no current services or peamances am respective rote, the Wedar periods they we h effect, amount of Indirect expanse chards Mf required, such u annuities, Insurance calms, and l project, and the Federal share d Intlirect vase far benent payments. changed to the project to dpa. SF -289 Bad Po.7•a7~) 16D1 2007 of 21 Agenda Item No. 16D1 April 24, 2007 Page 14 of 21 PROGRAMS/FUNCTIONS/ACTIVITES $eo OMB APPROVAL NO PADS OF REQUEST FOR ADVANCE 0348 -0004 1 PAM $ AxneeDOMI i SAM OFREOIIEff ORREIMBURSEMENT 1. ❑ADVANCE ❑ REIMBURSE. TYPE OF MENT [3 CASH b. 9P'TaapAeaW9ba PAYAENr d. Estimated net cash outlays for advaca period (See AiashuodbnS On bWV RWUENED ❑ FINAL ❑ PARTIAL ❑ ACCRUAL a. FEDERALSPONaORerGAGOZr ANDORGNIQATKNALELEWNTTO 4. FEDERAL ORANr OR OTHER a PARML PAYMENT REOUBHr W,WH THIS REPORT 66LBMrTTm CEHRFYNO NUMBER ASSONED NUMBER FOR T IS REWW BY FEDERAL AGOI C a. EMlxorim CEMFCATCN T. RECF*NrS ACCoum NUMBER B. PERIOD COVERED BY THIS REQUEST tAaABa OR CENtFYNG NUMBER FROM P-Ma, dW. ya d TC tam dry, yw) s. PtEmP ENT ORGANOATCN 10. PAYEE (YYltrm chook to b M aadarearent Man Sam % Nana:. Nrm: Number Number &W Sbaat and Sir"t CRY. SAata and LP Cold: W Shb and ZIP Code: „ COMPUTATION OF AMOUNT OF REIMBURSEMENTSIADVANCES REQUESTED PROGRAMS/FUNCTIONS/ACTIVITES $eo w (b) (C) TOTAL a. Total propran d1i dd-W outlays to deta $ $ $ S b. Lass: Cumulative program income c. Net praprem Wwye (Lkra a minus A"b d. Estimated net cash outlays for advaca period a. Total Sum ofBtas c d CO IF. Non - Federal sham of amount w Ins a . Federal share of amount trn ling a jmeents LwsW h. Federal py i. Federal share now requested (LAns g nnus tee S �. Advances ra A*W by monri, when mgjo$ tl M Few grantor for use In makklg l st mollBt 2nd rtloHth agency pradwitilad Wonoes 3W month Prescribed by OMB Circulars A -102 and A -110 I certify Out to the beat of my knawiadge and belief the data on the reverse am cared and that all outlays were rrnede In accordance with the grant conditions or other agreement and Me PaYereas is due and has not been pravlooely nelusted- epawy use Public relmfing burden for this collection or Information a estlnatad to average W mirxRee per response, IncW"np rime for reWrAW ineaacWns, searching adolkV data Bann, gathering and maintaining tin data needed, and compWV and mrivwIM the collection of IMamheton. Send comments regerdng the burden esf4nab or any char sped of ads collection of inform tion, Including augpsWN for reducing this burden, to the office of Merrpertrnt and Budget, Paperwork Reduction Project (03480004), Wahlnpm, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND R TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. INSTRUCTIONS please type or print legibly. hems 1, 3, 5, g, 10, 11 e, 11 f, 11 g, 111, 12 and 13 are self - explanatory, spsrdflc instructions for other items are as follows: Item Entry 2 Indicate whether request is prepared on cash or accrued expenditure basis. All requests for advances shall be prepared on a cash basis- 4 Enter the Federal grant number, or other identifying number assigned by the Federal sponsoring agency. if the advance or reimbursement Is for more than one grent or other agreement, insert WA; then, show the aggregate amounts. On a separate sheet, list each grant or agreement number and the Federal share of outlays made against the grant or agreement a Enter the employer identification number assigned by the U.S. Internal Revenue Service, or the FICE (institution) code If requested by the Federal agency. 7 This space is reserved for an account number or other identifying number that may be assigned by the recipient Nom Entry 118 8 Enter the month, day, and year for the beginning and ending of the period covered in this request. If the request is for an advance or for both an advance and reimbursement, show the period that the advance will cover. If the request Is for reimbursement, show the 11b period for which the reimbursement is requested. Note: The Federal sponsoring agencies have the option of requiring recipients to complete Gems 11 or 12, but not both. item 12 should be used when only a minimum amount of information is needed to make anadvence and outlay Information contained In item 11 can be obtained In a timely manner from other reports. 11 The purpose of the vertical columns (a), (b), and (c) is to provide space for separate cost breakdowns when a project has been planned and budgeted by program, function, or activity. If additional columns are needed, use as many additional forms as needed and indicate page number in space provided In upper right; however, the summary totals of all programs, functions, or adivitles should be shown in the "toter' column on the first page. Enter in "as of date,' the month, day, and year of th ending of the accounting period to which this amount applies. Enter program outlays to data (not of rotunda, rebates, and discounts), In the appropriate columns. For requests prepared on a cash basis, outlays are the sum of actual rash disbursements for goods and services, the amount of indirect expenses charged, the value of in- kind contributions applied, and the amount of cash advances and payments made to sutwontractors and subredpients. For requests prepared on an accrued expenditure basis, outlays are the sum of the actual cash disbursements, the amount of Indirect expenses incurred, and the net increase (or decrease) in the amounts owed by the recipient for goods and other property received and for services performed by employees, contracts, subgrantses and other payees. Enter the cumulative cash Income received to date, a requests are prepared on a cash basis. For requests prepared on an accrued expeciture basis, enter the cumulative Income earned to date. Under ether basis, enter only the amount applicable to program Income that was required to be used for the project or program by the terms of the grant or other agreement lid Only when making requests for advance payments, enter the total estimated amount of cash outlays that will be made during the period covered by the advance. 13 Complete the certification before Submitting this requeh sanokno Pone 270 6d•• 74M Beek 03% United States Department of the Interior FISH AND WILDLIFE SERVICE 1875 Century Boulevard Atlanta. Georgia 30345 September 18, 2006 In Reply Refer To: FWS/R4BA/CGS Memorandum To: Terry J. Doyle, U.S. Fish and Wildlife, Florida Panther NWR, Florida From: Contracting Officer, Division of Contracting and General Services Subject: Designation as Project Officer for Grant Agreement Number 401816J091 Agenda Item No. 16D1 April 24, 2007 Page 16 of 21 You have been designated as the Project Officer for the above referenced agreement. This guidance is provided to assist you in clarifying your Service responsibilities as a Project Officer. FUNCTIONS AND DUTIES You are authorized by this designation to take any or all actions with respect to the following which could lawfully be taken by me as Contracting Officer /Grants Officer except any action specifically prohibited by the terms of the agreement or by the referenced documents cited therein. Note that references to "recipient" below refer to the grantee /cooperator. These duties and authorities are not redelegable to any other individual, unless the agreement is modified to reflect the designation of a new Project Officer. a. Ensure that the recipient performs the technical requirements of the agreement in accordance with its terms, conditions, and specifications. Answer technical questions, address issues, and ensure compliance with all technical aspects of the assigned agreement. In. Ensure that work is not performed outside the scope or funding in the agreement. c. Review all proposed requests for modifications and provide comments and/or approval to the Administrative or Contracting Officer. d. Ensure that all reporting requirements are met as specified in the agreement. Review reports for adequacy, accuracy, and timeliness. Notify the Contracting Officer if reports are not submitted in a timely manner or do not provide proper information. e. Coordinate and communicate as needed with the Service Contracting Officer and with the recipient's agreement coordinator. Work with the recipient's agreement coordinator to set up and conduct meetings as needed. f Review and approve Requests for Advance or Reimbursement (SF 270) submitted to the Service by the recipient or return rejected requests to the recipient with an explanation. Forward approved SF 270 to CGS for payment. Your approval of these requests constitutes your acknowledgment the recipient's performance and reporting has been satisfactory. g. Ensure that advance payments are not authorized unless they (1) have been authorized in the agreement and (2) include a justification of expenditures to your satisfaction. h. Track the status /usage of any government -owned equipment and review the final SF 270, the final SF 269, relative to the status of any government -owned equipment in possession of the recipient prior to agreement closeout. i. Monitor expiration dates, determine if extensions are needed, and contact CGS 60 days in advance of expiration to request extensions. TAKE PRIDE `AM=2 IN AMERICA Agenda Item No. 16D1 April 24, 2007 Page 17 of 21 LIMITATIONS Under this appointment, except as noted herein, you are not authorized under any circumstances to perform any of the following tasks. If uncertain, contact the Service Contracting Officer for a case -by- case review and decision. a. Take any action that may change the funding, scope, reporting requirements, or other essential terms and conditions of the agreement unless such changes are specifically stated in a written agreement modification signed by the Contracting Officer. b. Make commitments on behalf of the recipient. This means making commitments with vendors, subgrantees, or private landowners. Only an authorized official of the recipient organization may make those commitments. c. Direct recipient personnel. When lines of authority and responsibility blur, the recipient may be viewed as an agent of the federal government acting at its direction, thereby exposing the federal government to lawsuits for injury or wrongful action actually conducted by the recipient. Remember that under agreements, the lines of responsibility must remain clear at all times. d. Serve in the capacity of an official of the recipient organization. Sometimes, however, Service personnel are requested to serve in an advisory capacity on boards of nonprofit organizations or planning committees. In such cases, the Service official must request a review by the Service's Division of Human Resources to ensure there are not restrictions or conflicts of interest unless written approval has been obtained per 212 FW 4 and provided to the Contracting Officer. Exceptions to Limitations b and c Under a cooperative agreement (including the Wildlife Cooperative Extension Agreement (WCEA) that is a type of cooperative agreement) where the Service is expected to be "substantially involved" with the project, the Service Project Officer may direct contractor or recipient personnel if specifically and clearly defined in the cooperative agreement. Thus, a "Statement of Federal Substantial Involvement" shall be included in all cooperative agreements (Item 2 of the WCEA Project Plan, Exhibit A; or within the Scope of Work, Service Responsibilities section of other cooperative agreements). This Statement of Federal Substantial Involvement must clearly describe those categories of activities in which the Service Project Officer expects to be substantially involved. For example, the Service Project Officer may provide direction and guidance to the cooperator's personnel or vendors in the planting of trees and other vegetation (how, when, where, species, etc.), including the review and technical approval of each stage of the planting process; the installation of in- stream habitat improvement structures (how, when, where, specific location, etc.); and the construction of wetlands and hydrologic reestablishment. In applying these exceptions, the Service Project Officer shall notify and discuss with the Cooperator any deviations from the Project Plan (Exhibit A) or Scope of Work. CAUTION: Although the Service Project Office under a cooperative agreement may provide direction and guidance to the Cooperator's personnel or vendor as specified in the agreement, such direction by Service personnel could result in a cost overrun or claim by the contractor against the landowner. Any such cost overrun generally would be the responsibility of the Government to cover the additional costs to the landowner. Agenda Item No. 16D1 April 24, 2007 Page 18 of 21 TERM OF DESIGNATION This designation as Project Officer shall remain in effect through the life of the agreement unless revoked sooner by the Contracting Officer. An official change to the designated Project Officer must be made through a written modification to the agreement signed by the Contracting Officer. The Contracting Officer will notify the recipient of any changes to the Project Officer designation through issuance of a written modification. RECORDS AND REPORTS You are required to maintain adequate records to sufficiently record the performance of your duties as Project Officer during the life of this agreement or during your designation as the Service Project Officer. If your role as Project Officer changes before completion of the agreement, please turn your records over to the successor Project Officer or obtain disposition instructions from the Contracting Officer. ETHICAL RESPONSIBILITIES See "Standards of Ethical Conduct for Employees of the Executive Branch" (5 CFR 2635.201) and Service Manual Chapter 212 FW 4. PROJECT OFFICER ACKNOWLEDGMENT Please sign a copy of the delegation and return to the issuer within 10 days of receipt. Project Officer's Signature Date Agenda Item No. 16D1 April 24, 2007 Page 19 of 21 5. That subject to the availability of funds, to commence activities under this agreement in Federal Fiscal Year 2006. 6. That this agreement in no way restricts the Service or Collier County from participating with other public and private agencies, organizations, and individuals in similar activities; or from accepting contributions and gifts specifically for the protection, restoration, enhancement, and management of environmental resources. B. Specifically, the Service will: 1. Provide funds (as specified in Article Vin to Collier County to plan and implement derelict vessel removal on the Ten Thousand Islands NWR mutually approved by the Service and Collier County. 2. Assign a Service Project Officer to coordinate all activities under this agreement. 3. Assist, as needed, in the identification and selection of derelict vessels to be removed. 4. Provide other reasonable technical assistance as requested by Collier County. C. Specifically, Collier County will: 1. Plan and implement derelict vessel removal on the Ten Thousand Islands NWR. Proposed derelict vessels identified for removal will be submitted to Service Project Officer for review and approval (Attachment A - Project Description). 2. Schedule and participate in a site visit with the Service before and during the project. Coordinate the projects with the Service Project Officer. 3. Secure qualified contractors and permits to implement the required practices. 4. Monitor activities funded under this agreement and provide site - specific data to the Service. This shall include the maintenance of complete and accurate records of actual and necessary costs of carrying out specific projects under this agreement. Collier County will retain such records for a period of three (3) years during which time these records shall be made available upon request to the Service for review and audit. 5. Provide to the Service Project Officer those reporting and delivery projects specifically identified in Article XII of this agreement. Agenda Item No. 161D1 April 24, 2007 Keyesftm @la Page 20 of 21 From: Terry_Doyle @fws.gov Sent: Wednesday, March 21, 2007 3:12 PM To: KeyesPamela Cc: Layne_Hamifton @fws.gov; Kerry_Nova @fws.gov Subject: Re: DV Grant Pam, As I read the contract, under Section VI. Period of Performance, it states that "The initial award of $31,000 should be completed by April 2007" It does not say that it has to be. Given the reorganization within the County recently, it is certainly understandable why this date could not have been met. We are certainly making progress on the project, given that you already have one potential . contractor lined up and that we will be posting the boats on April 17. If you have any other questions, please do not hesitate to contact me, Sincerely, Terry Terry J. Doyle Wildlife Biologist Ten Thousand Islands NWR _ 3860 Tollgate Blvd., Suite 300 Naples, FL 34114 Tel. (239) 353 -8442, ext. 228 Fax. (239) 353 -8640 E -Mail: Terry_Doyle@fws.gov http: / /refuges.fws.gov /profiles /index.cfm ?id =41555 "KeyesPamela" <PamelaKeyes ®coll iergov.net> 03/21/2007 09:47 AM <Terry_Doyle @fws.gov> To cc Subject DV Grant Hello Terry, I just wanted to give you an update on the Derelict Vessel grant. Can you please send a quick note in email form that you don't feel we need a grant extension? This would just have to state that we don't need to have the money spent by April 2007. This way I have it in my files in case we ever get audited. Also, as far at the other $30,000 I have to do a budget amendment and an executive summary for the county. I will start working on that this week and keep you updated. Thanks Terry, 1 Pamela Pamela Keyes Environmental Specialist Coastal Zone Management Department Collier County Government 3300 Santa Barbara Blvd. Naples, FL 34116 Office: 239 - 213 -2980 Cell: 239 - 601 -1130 Fax: 239- 3534061 PamelaKeyesecolliergov.net Agenda Item No. 16D1 April 24, 2007 Page 21 of 21 Agenda Item No. 16D2 April 24, 2007 Page 1 of 3 EXECUTIVE SUMMARY Recommend Approval of a Budget Amendment totaling $250,000 from Beach Renourishment /Pass Maintenance Reserves to fund miscellaneous Beach Renourishment initiatives as required by FDEP permit which is part of the County's Major Beach Renourishment Project (905271). OBJECTIVE: To approve a Budget Amendment totaling $250,000 from Beach Renourislunent/Pass Maintenance Reserves to fund miscellaneous Beach Renourishment initiatives as required by FDEP permit which is part of the County's Major Beach Renourishment Project (905271). CONSIDERATIONS: The Collier County Major Beach Re- nourishment project was complete with the placement of approximately 665,000 CY of sand on Vanderbilt, Park Shore and Naples beaches in May 2005. Currently there is a $219,156 budget balance surplus in this project. The total value of this project is $24,480,100. Construction of an artificial reef to offset anticipated mitigation is required by FDEP permit and completion remains outstanding. Bids were awarded to build this reef for $998,898 based on 5,500 tons of limestone boulders. Current estimates are that 4,000 tons of boulders will be used for an estimated contract value of $850,000. A Purchase Order has been cut for $500,000 leaving an additional $350,000 to complete this project. Additionally, hurricanes Wilma and Katrina destroyed significant portions of the beach dunes and vegetation. Although not originally part of this project, FEMA funds were applied for and awarded to repair the dunes and replant the vegetation at a reimbursement rate of 87.5 %. Dune repair was accomplished during sand placement and a plant vegetation replanting contract was awarded for $719,472.24. This contract will be paid from funds remaining in the County Major Beach Re- nourishment project with the understanding that 87.5% FEMA reimbursement will occur upon project completion. Plantings have begun with completion scheduled by mid April 2007. The estimated value of the FEMA reimbursement for this work will total approximately $650,000. A budget amendment from Fund (195) reserves is necessary and this Fund will receive reimbursement credit through FEMA upon completion of the planting project. Required budget adjustments to Project 905271 are shown below: • Budget balance in Project 905271 +$219,156 • Artificial Reef uncommitted Purchase Order Balance ($850,000- $500,000) <$350,000> • Ropes and Posts for Vegetation Barrier Protection <$ 45,000> • Contingency <$ 74,156> Total <$250,000> While reserves will be reduced to fund the planting initiative, reimbursement from FEMA upon completion of the project will result in surplus fund revenue totaling approximately $400,000. Agenda Item No. 16D2 April 24, 2007 Page 2 of 3 Upon closeout of the Major Beach Renourishment Project, any surplus budget will be returned to reserves. FISCAL IMPACT: A budget amendment from Fund (195) reserves totaling $250,000 is necessary to complete the required artificial reef construction program. Reimbursement is anticipated from the Federal Emergency Management Agency under FEMA PW 2700 when the planting project is completed. The value of this reimbursement is expected to total $650,000 which will likely generate surplus fund revenue of approximately $400,000. Upon project closeout, the budget balance within the Major Beach Renourishment Project will be returned to Fund (195) reserves. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: To approve a FY07 Budget Amendment totaling $250,000 from Beach Renourishment/Pass Maintenance Reserves to fund miscellaneous Beach Renourishment initiatives as required by FDEP permit as part of the County's Major Beach Renourishment Project (905271). PREPARED BY: Gail Hambright and Gary McAlpin of Coastal Zone Management Agenda Item No. 16D2 April 24, 2007 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS re Item Number: 16D2 Item Summery: Recommend Approval of a Budget Amendment totaling $250,000 from Beach RenounshmenVPass Maintenance Reserves to fund miscellaneous Beach Renourishment initiatives as required by FDEP permit which is part of the Countys Malor Beach Ranounshment Project (905271) Meeting Date: 412412007 9'.00.00 AM Prepared By Gary McAipin Costal Project Menage, Date Public Services Coastal Zone Management 311312007 4:02157 PM Approved By Gary MLAron Costal Project Manager Data Public Services Coasal Zone Menegament 3119/2007 2:11 PM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admirt 3121/2007 8:33 AM Approved By Marla Ramsey Public Services Administrator Date Public Services Puhho Services Admin. 31272007310 PM Approved By OMe COOrdinato, Administrative Assatant Date County Managers Office Office of Management B Budget 3129120079. 02 AM Approved By Mark I6aOksOn Butlget Analyst Date .._... County Manager's 01 Offce of Management B Budget 413/20016 09 AM Approved By ,lames V. Mudd County Manager Data Board of County "mmi661011Cfs County Manape(s ORlce 41320010:14 PM Agenda Item No. 16D3 April 24, 2007 Page 1 of 18 EXECUTIVE SUMMARY Recommendation to authorize a payment of $75,000 to Betty Briggs to purchase from her the Rob Storter Collection and authorize the Chairman of the Board of County Commissioners to execute the attached three -party Agreement among the Friends of the Museum of the Everglades, Mrs. Betty Briggs, and the County, to transfer ownership of the Storter Collection to Collier County. OBJECTIVE: To obtain approval from the Board of County Commissioners to pay $75,000 to Mrs. Betty Briggs to purchase the Rob Storter Collection, and authorize the Chairman of the Board of County Commissioners to execute the attached three -party Agreement among the Friends of the Museum of the Everglades, Mrs. Betty Briggs, and the County to transfer title of the Storter Collection, including copyrights, to Collier County. CONSIDERATIONS: In 2004, the Friends of the Museum of the Everglades arranged the purchase of the Rob Storter Collection from its owner, Mrs. Betty Briggs, a granddaughter of Robert Storter, to keep this collection intact and return it to Collier County for the public's enjoyment. The Rob Storter Collection is a rare, one -of -a -kind collection of art and artifacts that provide a unique historical record of Collier County, as depicted by one of the County's earliest pioneers. The Storter Collection consists of 310 individual works of art and associated items (Attachment A) and is a valuable and important addition to the Collier County Museum. Since October 2004, the Friends of the Museum of the Everglades has raised and paid to Mrs. Briggs a total of $79,015, principal and interest (Attachment B). At the Board's budget hearing on September 21, 2006, the Board tentatively agreed to pay $75,000 to Mrs. Briggs as a final payment to complete the purchase of the Storter Collection by Collier County. The Friends of the Museum of the Everglades have also agreed to assist the Collier County Museum by paying 50% of the costs to develop and continue the Storter Collection as a traveling exhibition throughout Florida and the United States. FISCAL IMPACT: Funds in the amount of $75,000 are available in the Museum of the Everglades' current historical artifact acquisition budget, Museum Fund (198). GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Agenda item. LEGAL CONSIDERATIONS: This Agreement has been approved as to form and legal sufficiency by an Assistant County Attorney. TP RECOMMENDATION: That the Board of County Commissioners approve payment to Mrs. Betty Briggs in the amount of $75,000 (available in Museum Fund 198) to purchase the Rob Storter Collection (310 items), and authorize the Chairman of the Board of County Commissioners to execute the attached three -party Agreement to convey ownership of the Collection to Collier County. Agenda Item No. 16D3 April 24, 2007 Page 2 of 18 PREPARED BY: DATE: Ron Jamro, Museum Director Agenda Item No. 161D3 April 24, 2007 Page 3 of 18 AGREEMENT REGARDIN'G THE "ROB STORTER COLLECTION ", A COLLECTION OF 310 WORDS OF ART This two page, three party, Agreement, entered into this Day of , 2007, between the Friends of the Museum of,the Everglades, Inc., a Florida corporation (the "Friends "). and the Board of the. Collier County Commissioners on behalf of the Collier County Museum ( "CCM "), a Department of Collier County, a political. subdivision of the Slate of Florida, and Betty Briggs, an individual. The three (3) parties agree as follows: 1. In consideration of the 31.0 works of art created by Robert Storter, referred to herein as the "Collection ". All items that comprise the Collection are listed on Attachment "A° attached Hereto. The Friends has paid at least $79;1)00, principal plus interest, to Betty Briggs, a granddaughter of Robert Storter, as per the signed payment schedule, The CCM is remitting a lump sum of $75;000 to Betty Briggs concurrently with the County's execution of this AgreemcnL The Friends is remitting any remaining balance due in interest to date. Betty Briggs hereby confirms that she has been paid in full for the Collection and that no other property interests exist in the Collection. 2. The Friends and Betty Briggs hereby quit -claim the Collection to the CCM and donate all right; title and interest in the Collection to the CCM. including all copyrights, and hereby deliver actual physical possession of the Collection to the CCi!€. 3. Except as specified otherwise below, the Collection (all 310 items) shall be kept intact as a composite collection to serve the public interest. No item in tare Collection shall be sold, encumbered, donated, traded, bailed or otherwise be separated from the other items in the Collection. except on a ternporan, basis, as specified below in Section a. 4. As practicable, a selection of the items in the Collection shall be kept on public display at the Museum of the Everglades, a branch facility of the CCM, on a rotating basis in association with the Robert. Starter pieces already owned and displayed by CCM. CCM agrees to house, catalog, preserve and use the Collection in whatever ways that. in the sole judgment of the CC , will best serve the public interest. Also, it is mutually agreed by the Friends, the CCM, and Betty Briggs, ghat. (a) items in the Collection will be placed in storage at the CCM. nr in a secured, off -site art storage facility approved by the CCM and; (b) selected items in the Cotlection may be temporarily separated from the Collection from time -to -tune for use in specialized public displays or for tour and traveling exhibition purposes at other approved museum locations throughout. Florida and the United States. Friends agree to pay 5017c of the costs for planning, developing, fabricating, coordinating and promoting such traveling exhibitions; and may continue to market selected, authorized reproductions of items in the Collection to Agenda Item No. 16D3 April 24, 2007 Page 4 of 18 generate revenue to:benefit the Museum of the Everglades, its exhibits and public ,programs. 5. This Agreement shall be governed by the laws of the State of Florida. In the event of any litigation in any court(s) of law and /or any other legal proceedings, the forum shall be limited to within Collier County, Florida IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year stated above in the' first paragraph. Witnesses for Friends of the Museum of the Everglades: 7 Signature of Firm Witness i Print Name of First Witness Signature of Second Witness V1 ;'1Gl Print Nance of Second Witness Witnesses for Betty Briggs Signature of First Witness 16(oboo cafn Print Name of First Witness Signature of econd Witness f Print _Name of ,Second Witness ATTEST: DWIGHT E. BROCK,{clerk By: FRIENDS OF T171E MUSEUM OF THE EVERGLADES, INC: BETTY BRIGGS, as individual Signatures' For the Collier County Museum by the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Agenda Item No. 16D3 April 24, 2007 Page 5 of 18 Deputy Clerk By: James Coletta, Chairman Approved as io form and legal sufficiency: By; Thorn • C i' m' s Assistant County Attorney Agenda Item No. 161D3 ATTAOWNT A April 24, 2007 Page 6 of 18 ROB STORTER Everglades Pioneer and Primitive Artist 18944987 Drawines 1. flenscratch Camp Meeting 2. Miracle Story. 3, Seine .Haul, Naples 4. Fishing Gear 5. Spoonbills 6. Naples, Mackerel Fleet 7. Everglades, Old Hone 8. Punta Rmsa 9. Little Pavilion Key 10, 'T'iny and 1 Catch Mullet 11. SawfislJWylies 12, Chokoloskee Baptism 13. Old Everglade 14. A Close. Call Yvith a Gator 15. John N eeks Mialboat 16. A good Load 17. Pelican key, Gov. Koner 18. Red Mangrove/Mullet 19, On Little Pavilion Key, '1'urile 20. Bear at Haldeanan's, Naples 21, Entrance. to Everglade River 22. Deep Lake Grove 23. Sister )kinnic in Tub 24. Seminole Indians in Circle 25. Porpoise in Jig 26. Chatham River Watson Farm 27. Rattlesnake Swimming 28. Dry Stop Mullet Fishing 29. Filling in the Old Naples Carial 30, West Coast Fislrhouse 31. A Good Hunt 32. Old /New -ray of Mullet Fishing 33. Loggerhead on Naples Beach 34. Gordon's Pass 1916 35. Cane Scow, Halfway Creek 36. Naples Rome, 1917 37. Nanna, Guiding 38. Doctor's Pass 39. Fool's Point after Storm 40. Tarpon Plugeasting 41. Brutis and Cousin Bill 42. Before 1926 Hurricane, Chokoloskee 43. After 1926 Hurricane, Chok,oloskec 44. Mad Bar 45. Daniels/Fakallatchee 46. Marco Island Rnilroad/Roa'boat Race 47. Mugtishing off Naples 48, Baptism at Caloosalaatchee River 49. Fiddler Bar 1928, Gordon's Passe 50. Huck Rock 1935 51. Eagie, Gotdon'sPass 52. Catching an Owl/Fly Rod 53, Outboard Marina. Naples 54, Mr. Sample's First Tarpon, Sugar Bay 55. Model .T Ford 56, Clam Boat, Sad/Happy 57. Port Royal (spot of 11 Home, Naples) 58. Key Iv Vest Dock, Years Ago 59. Clara/Calm Digging Dredge 60. Diggers Camp, Little Pavilion 61. Downtotivn Marco 62. Run Season, 7600 ibs.Mullet 63. 105 Hurricane 64. Turtle, Naples Beach 65. Coon in Trap 56. Wilbur'.s Boathouse/Naples Bay 67, Swimming Snake, Marco fib. Sail, Stearn, Model T Days 69, Clara. Clam Boat Sinking 70. Rookery Bay, Two Men in Boat 71. Tarpon, Rookery Bay 1925 72. Seabelle, West Coast Fishhouse 73. Waiting/Weather, Wood Key 74. Wilbur in Overturned Boat 75. Moving to Naples 1916 76. Little Pavilion Clara Tents 1910 77. Spoonbills Feeding 78, Svvitnming Deer 79, Rev. Gate wood, Everglade 80. Birds, Tamiarni Trail 81. Turkey, Deep Lake 82. Ethel Q. Chatam River 83. Tarrmiarni Trail, Rosco Walker 84.1935 Home, Goodlett Road 85. Lem, Deer, Heidi 86. Shrimp Boat 87. Rattlesnake 68. Pier/Post Office, Naples 1918 89. Mailboats 90. Up Shark River, Cornet Agenda Item No. 16D3 April 24, 2007 Page 7 of 18 91. Clans Pass 1971 92, .Tohnson Island 93. Seven We Bridge, Marathon 94. Home in Ortona 95, Fool's Point and Pelican Key 1910 96. Head of Now River & 'Mmle 97. Houseboat Sinks 1936 98, Smallwood Store, Chokoloskee 99, Speedwell, Bottom -u. 100. Fakahatchea & Russell Island 101. 1912 End of Deep Lake Road 102. Everglade Plane Crash' 103. Rob/Dog/Yellow Truck 104. T+tW end of Cluikoloskee 1930 105, George.Rob, I,opez River 1923 106. Little Pavilion Key Campsite 107. Shark Rier Area 108. Combs Fish Co., Naples 109. Mackerel. Fishing; 19=40 110. First Clrtona Church I l 1. Dad Rowe, 1914, Chokoloskee 112. Dcvil6shlSeabreeze 1917 Ill, Grouper Fishing:Napies 114, Refuge in a. Cane Scow 1910 Storm 115_ Floating Riggs Fish Co. 116. Grandson Roby/Tiny HT Vde Loved Tiny 118. I'm Read to Clean Fish 119. Possom Key, A. Dxu-Mn 120. Naples Pier, 1973 121. 1 Am No Artist (words only) 122. Gaston's Chicken Farm 123. Gull' Strike with Pilings 124. Tarpon Fishing, Coon Key 125. Sand Fly Rock /Fishhouse 126. llaiti Trip 127. Plugeastarg Near Shark River 1211. in Snook Season 129. 1910 Storm, Schoolhouse 130. Mr. Mount, Fool's Point 131. Going Swimmir*Going Home 132. Model T (words, small drawing) 133. Fishing; for Mr. Combs 134: The Bertic Lee 135. Tiny & I Thanking Lord for Food 136. Key West in Sailboat Hays 137. 3 Boats /Coat Bay 138. Inboard Invention Agenda Item No. 16D3 April 24, 2007 Page 8 of 18 139, 140. 141. 142,, 143. 144, 145, 146. 147. 148. 149. 150. 151. 152. 153. 154. 155. 1_56. 157. 158, 159: 160. 161. 162. 163. 164. 165. 166. 167. 168. 169. 170. 171, 172. 173. 174. 175. 176. 177. 178. 179. 180. 181. 132. 183. 184. 185, 186. 4 Views, Marco, RR, Capri Marilea (2 drawings. side- by-side) Mad Owl North Star, Sawy6r's Houseboat; Miss Georgia, Stern Roller Seine I- Taul/Keewrtydin, Huston River Fishing Cutting in half First fee House, Naples Mangaroves Ripe /Gfoupers, Cold Day /Sheepshead Sandflies/Snappers Lert -hand Fiddler,. Naples Seabreeze and First house; Naples Caloosallatchcc Trip 1914 First Boa( Lift, Naples Bay, 1935 Sftsr /Mud Bay Naples Toursit Court/Lightning Stroke I' hale /Shark, Caxambas Sunset, Cape Roman Naples City Doek: 1916 Naples City Dock 1916 -17 Sunset, Naples Beach Hamilton/Wood 1Cey 1918 Guiding for Tarpon, 1958 Row Boat Days, 1934 Inboard Bays, 1945 Buttonwood Landing/Sheft Nap at Dawn /Mgsquitoes FleetFleading North to Sanibel Saw6shlTussok Key I' Fishbouse/I" home Gomez and Wife Marriage on Lopez River Pelicans /Turtle Eggs Bay Shore Hotel, 1921 Riggs Fish Co/ ICI Icehouse Map /Marco Pass 1916/1970 lnd'rans/Cwtoes, Sorter Store Lee Parker's Fishhouse Houseboat Sinking Terre Haute Poinciana Tree, Everglade First Brldec o ver Gordon River Gassing Up at Combs First Ilome, Naples Bay Dismal Keys; Salting Mullet Gordon River Bridge/Combs Agenda Item No. 16D3 April 24, 2007 Page 9 of 18 Agenda Item No. 16D3 April 24, 2007 Page 10 of 18 187. Birds Following Mackerel Fleet 188. Goodlettc Road 189. Sailing, Turkey Key 190. Naples, 1916, Kirkland Wedding Paintines on Board 191. Pompano Fishing 192. Case Knife 193. Ponrpario Fish 194. Pelicans/Sailboat 195. Pelicans on Pilings 196. The Last Look, Doctor's Pass. 197. Nana (relict) 198. Chokoloskee 1927 (relief) 199. Sixteen ViervofWyNaples 240. Old Marco, 1909 201. Chokoloskm RerriVal 202. Tarpon Fishing Dollar Bay Photographs with Negatives by John Bri as 203. 36 4" x 6" George Storter's Ledgers, Eutaiv, 196 1, and Demopolis. Alabama 1866 (Originals in Montgomery State Capitol Archives, Alabama) Transparencies 204. 126 4 " x 5" Color Transparencies of Rob's Artwork 205. 35 mm Slide Transparencies by Bod Lee Postcards 206. Wesley Storter's Yacht Polaris 1972 207. Devilfish 1938, Naples 208. George W. Storter; Everglade Photomnhs ( by John Brim,) 209. Marilea and Rob/ Naples Banana Patch 41/2 x 6 %i 210. Marilea and Rob/ Naples Banana Pauli 61/2 x 10, Color 211. Rob Mending Net, Naples, 1979, 4 a 5 �/2 212. Rob Mending Net, Naples; 1979, 5 % x 7114 213. Rob's Net Shed, Naples, 1979. 214. Claude and Rob 1895 215, Nancy and R.B. 216. Claude, Nancy, Rob, R.B., George Agenda Item No. 16D3 April 24, 2007 Page 11 of 18 217. ?18. 219. 220, 221. 222, 223. 224. 225. 226. 227, 228. 229. 230, 231. 2' )2. 233. 234. 235. 23f. 237. 238, 239. 240. 241. 242 Rob /Cap at Naples Home; Everglades Inn Courthouse, Everglades, after Storin Rod and Gun CIpl Cypress Loggers, Everglade George Starter General Store Rob 'working on Fishbox Cassie, Rob and Vance 191:8 Everglade Scbool (Rob, center I black) Betty Holbrook (Stoner) ch-t _1857 G.W. Storter, R.B., Nancy, Claude Lem, Rob,144arilea, Betty, Olivia, Marguertie Rob in Bow of Skiff Rob Building Skiff Nancy and Children (Hub and Mildred missing) George Storter Pulling Party, Everglades The Regal, Everglade G.W. Storter, General Store S.O.S. Nannie Storter with Dog, Everglade R.B. Storter in BoatMF nclliug Motor Marilea, circa 1918 Rob, circa 1912 Rob, Take (cook), Walter Bostick, 1914 Stu -Tutt Buggy, 1925, Naples Rear of G.W. Storter House, Fverglade Bertie Lee, R.B. Schooner; Everglade Three Dimensional 4b,fecU 243. Boat Carving 244. Boat Carving 245. 'Boat Carving 2461. Handcarved Knofe 247. Fishbox 248, Fishbox 249. Fishbox 250, Fishbox 251. Bird Plaque 252. Fish Plaque 2531 Fish Plaque 254. Net .Shutt.le 255. Net Shuttle 256. Net Shuttle 257. Matchbox holder carved by R.B. Storter 258. Lrboard skiff Agenda Item No. 16D3 April 24, 2007 Page 12 of 18 Journals 259, I Journal 260. I Journal 261. Sketchbook Documentation 262 Crackers hi the Glade 263, hideo of Rob at home Reviews 264. Miami Herald, April 23. 200() 265, C;ulf Shore Lifo, Dec 2400 266. Orlando Sentinel, May 7, 2000 267. Southern Cultures. Fail 2001 268. The Tecunnsch Review, Spring 2001 269. ZMarea Island Eagle, April 12, 2000 Z70. The Dews Press, April 17, 2002 271. Tallahassee Democrat, Maty 7, ^_000 272. :Jacksonville Florida Tancs, April 16, 2000 273. The Peace River Farrner and Rancher, August 2000 274. Chicago TnI -mne, ,Tune 20, 2000 275. The Brandon News, August 30. 2000 276, The Taunpa Tribune; ,Tune 7, 2000 277. Exhibitions Crackers in the Glade, Private Preview, March 25, 2000 Exhibition, Museum of the Everglades, Vverglades City, April 4, 2000 Rob Storter Exhibit, Plant City, August 17, 2000 Expedition, River of Grass, Sherry French Gallery, NYC 1994 -98 Expedition Postcard, Collier County Museum, Naples, April 18, 2000 The .AA of Book, Univ. Ga. Press Exhibit, Sept. 1, 2002 278. Give Copies of Photographs (Enlarged) Agenda Item No. 16D3 April 24, 2007 Page 13 of 18 ROB. STORTER COLLECTION Additional items included In collection byBWy Briggs (not on her printed list) 279. Carved "Bertie Lee" painted boat on wood 280. Carved "Bonita" panted boat on wood 281, Painted Boat (in cardboard {Hanna): 282. Punta Rassx— painted on wood 283. Three children on an island painted" on wood 284. OffLosiman's River painted on cardboard 285. "Old Home on Allen River where I was born!' on cardboard 286. Big heron painted on cardboard 287. "Chief' Wenzel (purple: hair) with Rob and Tarpon an paper. 288. "Chief' Won7el with Rob and Tarpon on board {framed) 289. Pelican Key. painted onboard 290. Little.Pavillion Key painted on board. 1.91. CCT -249 Painted Boat 292. "Clara" Nkith larger boat 293. Boat — Tarpon Dishing on Broad River 294. Boat with American Flag — vvalerxolor 295. "Lady Rob" Crab boat leaving L2'vcrglades National Park- 1.96. Gild PLuna Rassa (1904) - mixed media 297. Shells — Clams — August 1979 "A Good Story" 298. At Sun Sown —*A Good Story" 299. little pavillon Key with tents painted on board 300. Dick the Bulgarian 301. Conner Island 302, Drs. Pass and Bay 303. Crabs and Fish and Birds -- on back Spoonbills 304. Raccoon and Babe 305, l louse on Bay with Boat 30b, Dick Rack on cardboard 307, GW Storterllorne 1909 368. Alligator in Pond 309. Fish Box — "Jesus said Follow Me" 310. Long Fish Box — "From an Old Time Fisherman" Agenda Item No! 1 0 :1 ATTACEIMENT B F.flIENt1S G1F T}fS mussuM QF THE RYEF,QLAI*S . Apnl 24, F}� aq ECbX sri.. Pa e 14 of 18 P0.100L077 sinY, KL '', 11 g sss,rr�a�a .7 n_ Har�es,,Titxw� Bank , Agenda Item No. 16D3 April 24, 2007 .Friends of the Museum a ' the Page 15 of 18 Everglades P O Box 677, Everglades City, FL, 34139 Mrs. Betty Briggs 905 North Roux Street Plant City, Florida 33563 Dear Betty: April 5, 2005 It was a pleasure having you and your extended family present at our recent Museum of the Everglades Birthday celebration. I only wish we had taken a group picture of all the Storter's, As per our telephone conversation, i am sending you a cheek in the amount of $24,455.00 which represents our first year's payment Of $24,000 (plus interest of $455.00) for the Storter Collection by the Friends of the Museum of the Everglades, We understand that next year's payment will be due prior to October 1, 2006, but again if the funds are available earlier in 2006 we plan to send you another check. 'hank you again for attending Our recent event, and many visitors are now enjoying a selection Of your grandfather's works in our Pauline Reeves Gallery at the Museum. Enclosure Siinceerely, Patricia A: Huff Board Members, Fiends of the Museum of the Everglades FRIENDS OF THE MUSEUM OF THE EVERGLADES PO BOX 677 EVERULADES GITY, FL 34138 1.150 9.9171!816. 1.n64 9 L 7151x. 4593474'6 w' i i so Agenda Item No. 16D3 Friends 24, 2007 Fr;cends 0 the lri useum 0 the Page 16 of 18 r rr. Everglades P O Box 677, Everglades Cite, FL, 34139 May 7, 2006 Mrs. Betty Briggs 905 North Roux Street Plant City, Florida 33563 Dear Betty: Enclosed you will find a check in the amount of $24,560.00 which represents our second year's payment of $24,000 (plus interest; of $560,00) for the Storter Collection by the Friends of the Museum of the Everglades. We understand that next year's payment will be due prior to October 1, 2007, but again if the funds are available earlier in 2007 we plan to send you another check. Enclosed is an article from today's Ft Myers News Press discussing the exhibit at Rookery Bay, I hope you and your family will have a chance to visit the exhibit before the end of September. For your information we have also been invited to exhibit The Storter Collection at the Historical Museum of Southern Florida in Miami from September 7 2007, to January 20, 2008. We are very excited about the Collection being shown in Miami. I will keep you informed if they plan an opening reception. Hope you are having a good summer. Sincerely, Patricia A. Huff Vice President, Friends of the Museum of the Everglades Enclosure Agenda ee�� 1 D3 FRIENDS OF THE MUSEUM OF THE EYERGLADIM �6*1, 2 07 po BOX Page 17o 78 EVVERGLADES. CITY. 1=L 34139 �'I .�J 63sn tM 1:0 7191: 159a4?4So$ Agenda Item No. 16D3 April 24, 2007 Page 18 of 18 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1GD3 Item Summary: Racommendatlon to auth.11a A payment of $75.060 Ig Betty Briggs to purchase the Rob Stoner Collection and to authorize the Chairman of the Board of County Commissioners to execute the attached three Party Agreement among the Friends urine Museum of the Everglades. Mrs. Betty Briggs and the County, to transfer ownership of the Storter Collection to Collier Count, . Meeting Date: 412412007 9 00 00 AM Approved By Ron Jamro Museum Director Date Public Services Museum 31301200710: 43 AM Approved By Thomas Palmer Assistant County Attorney Date County Attorney County Attorney Office 4/912007 9'.26 AM Approved By Men. Ramsey Public Services Administrator Data Public Services Public Services Admim. 411212 00 7 10:46 AM Approved By OMB Coordinator Administrative Assistant Date 0unty Manager's Office Office of Management S Budget 411212007 2:40 PM Approved By Shmnv Pryor Management C Budget Analyst Date County Managers Office Office of Management A Budget 411312007 936 AM Approved By Michael Smykewskl Management B Budget Dvector Date County Manager's Office Office of Management a Budget 4113200710: 53 AM Approved By James V. Mudd County Manager Date Board of County Gmtra ssioners County Managers Otece 411612007 11'.31 AM Agenda Item No. 1B04 April 24, 2007 Page 1 of 2 P' COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D4 Item summary : Recommendation that the Board of County Commissioners recognize the income from credit report teas generated by the Home Loan Program operated whin the Housing and Human Services Dapartrnent. Meeting Date: 412412007 9.00.00 AM Prepared By Tern A. Daniels Grants Coofdlnamr Data Public Services Housing & Human Services 415120074:28:01 Be Approved By Marcy Krumbine, Director Data Public Services Housing le Human Services 416120076'. 14 AM Approved By Marla Ramsey Public Services Administrator Data Public Services Public Services Adair, 411 2120 07 10:45 AM Approved By OMB Coordinator Administrative Assistant Date County Marager'a Office Once of alanagemant as Butlget 411=007 2:45 PM Approved By Shed. Pryor Management & Butlget Analyst Sere county Managers Office Office of Management &Budder 4113120079.15 AM Approved By Mark lsackson Budget Analyst Date Cowrp Manager `s Office Office ul Management & aubgat 41131 2007 9'.21 AM Approved By James V. Mudd County Manager Data Board of County County Managers Office 411712007207 PM Lommis5mnars P' Agenda Item No. 16D4 April 24, 2007 Page 2 of 2 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners recognize the income from credit report fees generated by the Home Loan Program operated within the Housing and Human Services Department. OBJECTIVE: To build a stronger and more viable community through homeownership by assisting low and moderate income families to purchase their own homes. CONSIDERATIONS: Since 1996, Collier County Government has conducted a Home Loan Program in partnership with local banks via the University of Florida IFAS Extension Department. In September, the County Manager transferred the FTE for this program to the Housing section and currently, the program is being facilitated in Housing and Human Services. In the Home Loan Program, individuals and families meet with an Housing Outreach Coordinator to establish their eligibility to purchase a home. Barriers to homeownership are identified and a practical action plan is established. In order to pre - qualify for home ownership, it is critical to assess an individual's credit history. Therefore, the program has established an account with Kroll Data Services to pull credit reports and will charge a minimum fee to clients who are receiving this service. Fees collected will pay for the tri- merged credit report clients will - -- receive. Once qualified, clients will be referred to affordable housing developments, local realtors and also our banking partnership with the Collier County Loan Consortium to continue and hopefully successfully complete their homebuying process. FISCAL IMPACT: Participation in the Home Loan Program should generate $6000 in credit reporting fees annually. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this executive summary. RECOMMENDATION: Staff recommends that the Board of County Commissioners recognize the income generated from the Home Loan Program. Prepared by: Marcy Krumbine, Director, Housing and Human Services Department Agenda Item No. 16D5 April 24, 2007 Page 1 of 6 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves, and authorizes the County Manager to sign, a lien agreement with Santa Ledezma Diaz (Owner) for deferral of 100% of Collier County impact fees for an owner - occupied affordable housing unit located at Lot 86, Independence, Phase II. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the County Manager to sign, the attached lien agreement with Santa Ledezma Diaz for deferral of 100% of Collier County impact fees for an owner- occupied affordable housing unit. CONSIDERATIONS: Article IV of Chapter 74 of the Code of Laws and Ordinances established a program to defer impact fees for qualified affordable housing. Pursuant to this program, an application for deferment was submitted by Santa Ledezma Diaz, which application, after staff review, was determined to qualify for the program. The property is located in the Habitat for Humanity Independence Subdivision, just off the intersection of Lake Trafford Road and Little League Road in Immokalee. A large number of these units participate in this deferral program. The ordinance requires that a lien agreement be entered into with the applicant as a condition of deferral of the impact fees. Section 74- 401(3) of the Code authorizes the County Manager to sign deferral agreements with applicants qualifying for impact fee deferrals for affordable housing, which has long been the practice. The ordinance, however, gives the County Manager discretion in whether to enter into the Agreement. Accordingly, in keeping with recent discussion and direction by the Board, the County Attorney's Office has determined that until directed otherwise by the Board, that these agreements be placed on the Consent Agenda for the Board's review and approval. Since this Agreement was prepared for signature by the County Manager, and was previously signed before witnesses and a notary by the Applicant, to prevent duplication of effort this Executive Summary requests that the Board, if it approves the Agreement, authorize the County Manager to sign the Agreement. On a going forward basis, these agreements will be drafted for signature by the Chairman of the Board. FISCAL IMPACT: This agreement defers 58,166.25 in impact fees. Although it is expected that the County will ultimately collect these deferred fees (generally upon the sale of the residence), there is no guaranty as to if, or when, this would occur. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The proposed Agreement is fully consistent with the intent and purpose of Section 74 -401 of the Code of Laws and Ordinances of Collier County. STAFF RECOMMENDATION: That the Board approves and authorizes the County Manager to sign, the attached Lien Agreement for Deferral of 100% of Collier County Impact Agenda Item No. 165 April 24, 2007 Page 2 of 6 Fees for Owner Occupied Affordable Housing Dwelling Units with Santa Ledezma Diaz (Owner) for property located at Lot 86, Independence, Phase II. PREPARED BY: Jeffrey A. Klatzkow, Managing Assistant County Attorney Moro m Lauren Beara Collier Conntyy OSH 2800 N. Honeshoe D&. Naples, FL 34104 File# 07- 057 -IF This space for recording Agenda Item No. 16D5 April 24, 2007 Page 3 of 6 LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this A day of February, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and Santa Ledezma Diaz (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Eight Thousand One Hundred Sixty -Six dollars and 25/100 ($8,166.25). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5 %) per annum, but in no event shall it exceed twenty -five percent (25 %) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non - compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance, Page I of 2 Agenda Item No. 16D5 or bring a civil action to enforce this Agreement, or declare that the deferred impact fees areAPril 24, 2007 then in default and immediately due and payable. The COUNTY shall be entitled to recover Page 4 of 6 all fees and costs, including attorney's lee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. S. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. nesses_ P rajame Witnesses: �-i' Q,A.W QQ.)aA�0� Print Name -Mxr4 lyar o OWNER: Santa Ledezma Diaz STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement was acknowledged before me this day of February, 2007, by Santa Ledezma Diaz, who is personally kno n to me or produced as identification — [P By: JAMES V. MUDD, COUNTY MANAGER STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement was acknowledged before me this _ day of February, 2007, by James V. Mudd, County Manager, on behalf of the COUNTY, who is personally known to me. [NOTARIAL SEAL] App ve s form and leg u Jeffre A. latzkow Assist nt unty Attorney (Signature of Notary Public) (Print Name of Notary Public) Commission Number: My Commission Expires: Recommend approval: Marcy Krumbine, Director of Housing & Human Services Page 2 of 2 Agenda Item No. 16D5 April 24, 2007 Page 5 of 6 EXHIBIT "A" LEGAL DESCRIPTION Lot 86, Independence, Phase II, according to the plat thereof, as recorded in Plat Book 43, Pages 64 through 66, inclusive, of the Public Records of Collier County, Florida. EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $100.59 B. Correctional Facilities Impact Fee $109.17 C. Library Impact Fee $192.37 D. Community Parks Impact Fee $632.43 E. Regional Parks Impact Fee $631.40 F. Educational Facilities System Impact Fee $1,778.00 G. Road Impact Fee $4,489.00 H. Government Buildings Impact Fee $150.24 1. Law Enforcement Impact Fee $83.05 TOTAL IMPACT FEES $8,166.25 JAK Approved _I_ /_ Agenda Item No, 16D5 April 24, 2007 Page 6 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 10D5 Item Summary: Recommendation that the Beard of County Commissioners approves, and aUfhoric s the County Manager to sign . a lien agreement with Santa Ledezme Diaz (Owner) for deferral of 1DO % of Collier County impact fees for an owner - Occupied affordable housing unit located at Lot 86, Independence. Phase If Meeting Date: 4124/2007 9'00 :OD AM Approved By Marcy Ko mbine Director Data Public Services Housing & Human Services 4112120073:29 PM Approved By Marla Ramsey Public Services Administrator Data Public Services Public Services Adman, 4/1212007 4:09 Be Approved By OMB Cocteaator Administrative Assistant Date County Manager's Office Office of Management & Budget 411312007 9:29 AM Approved By Sherry Pryor Marugomenf I Budget Analyst Date County Manager s Office Office of Mnnapoment &Budget 4113120 07 10 3e AM Approved By Michael Smykowskr Management & Budget Director Date County Manager ' =Office Office of Mmtegamenf &Budget 411¢1200712.10 PM Approved By James V. Mudd _ounty Manager Date Board of Court, Ccmmissionea County Managers Office C19120071v42 Pre Agenda Item No. 16D6 April 24, 2007 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to recognize anticipated revenue in the amount of $11,300 from the Collier County Medical Society and approve a budget amendment to the Housing and Human Services Client Assistance budget. OBJECTIVE: The execution of this budget amendment is necessary to recognize anticipated revenue from the Collier County Medical Society in support of an assistant patient care coordinator. CONSIDERATIONS: In 2006 the Housing and Human Services Department partnered with the Collier County Medical Society to administer the Physician Led Access Network (PLAN) program. The Physician Led Access Network is a community based referral network that coordinates volunteer medical care for eligible low - income uninsured adults in need of health services in Collier County. Led by physicians, it is a community partnership that brings together physicians, community clinics, hospitals, diagnostic and laboratory facilities, and other healthcare providers thm an integrated delivery system of care. The County has committed 1.0 FTE to the program to support a Patient Care Coordinator position. Responsibilities of this position include patient eligibility determination and coordination of medical services. Due to the high volume of clients participating in the program, a part -time Assistant Patient Care Coordinator position is necessary. The Medical Society has agreed to reimburse the County for costs associated with the assistant position. It is estimated that costs associated with the assistant coordinate for the PLAN program will total approximately S 11,300 from February 1, 2007 through September 30, 2007. The Housing and Human Services department currently utilizes a job bank position to assist in customer service and clerical activities. This position will be utilized to provide twenty hours per week of assistance to the Medical Society in support of the PLAN program and twelve hours per week for departmental administrative tasks. GROWTH MANAGEMENT: There is no growth management impact from this recommendation. FISCAL IMPACT: FY 07 budget in Client Assistance (001) will increase by $11,300. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the budget amendment to recognize the anticipated revenue. Prepared by: Terri Daniels, Accounting Supervisor Agenda Item No, 16D6 April24,2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 1605 to anticipated revenue in the amount of $11,300 from the Collier Item Summary: Recommendation recognize County Medical Society and approve a budget amendment to the Housing and Human Services Client Assistance budget Meeting Date: 4/24/2007 9.00.00 AM Prepared By Tent A. Daniels Grants Coordinator Data Public Services Housing 8 Human Services 312212007 6:20:00 PM Approved By Marcy outdone Director Data Public Services Housing & Human Services V41200711:42 AM Approved By Marta Ramsey Public Services Administrator Data Public Services Public Services Admin. 41121200710:13 AM Approved By OMB Coordinator Administrative Assistant Data County Managers Office Office of Management is Budget 4112120072: 39 PM Approved By Sherry Pryor Management 8 Bunget Analyst Data County Manager's Office Office of Management A Butlget 4116/2007 9:05 AM Approved By Michael Smyhowski Managemenl 8 Bud Bet Director Date County Managers Office Office of Management d Bigger 411712007 0:09 AM Approved By James V. Mudd County Manager Date Board of County County ManageYS Office 4117I2007 12:53 PM commissrcoms Agenda Item No. 161D7 April 24, 2007 Page 1 of 42 EXECUTIVE SUMMARY Recommendation to adopt the State Housing Initiative Partnership (SHIP) Local Housing Assistance Plan (LHAP) for State Fiscal Years 2007 -2008, 2008 -2009 and 2009 -2010 as required by state law; approve the Resolution, sign the required Certification, and submit to the Florida Housing Finance Corporation. OBJECTIVE: To secure State Housing Initiative Partnership (SHIP) funding through the adoption of a new three year Local Housing Assistance Plan (LHAP) which will provide a mechanism and funding to address affordable housing needs in Collier County. CONSIDERATION: On July 7, 1992 the Sadowski Affordable Housing Act was signed into law to provide additional funding to local communities through a documentary stamp tax on real estate transactions to promote affordable housing. Under the SHIP program, Collier County and the City of Naples receive funds from the State of Florida to provide initiatives to expand affordable housing opportunities. As part of this program, the County is required to have a three -year LHAP identifying the strategies that will be implemented to address affordable housing needs. The primary changes to the existing LHAP that are reflected in the new three year plan are noted as follows: Update the local housing strategies to provide for increased spending limits due to the inflationary cost of housing in Collier County. Allow some strategies to benefit households with incomes between 80 -120% median. Add new housing strategies to provide additional mechanisms for addressing the wide range of affordable housing needs including Homebuyer Education and Counseling, Disaster Mitigation and expand housing construction opportunities. FISCAL IMPACT: In FY 2007 -2008 the SHIP Program will receive approximately $2,900,000 from the Florida Housing Finance Corporation. This LHAP will serve as a guideline for the use of all SHIP funds during the three year period 2008 -2010. GROWTH MANAGEMENT IMPACT: The LHAP will allow the County to expand affordable housing opportunities for its citizens and further the goals of the Housing Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: This item has been reviewed and approved for legal sufficiency. —JAK RECOMMENDATION: To have the BCC adopt a new Local Housing Assistance Plan (LHAP) for State Fiscal Years 2007 -2008, 2008 -2009 and 2009 -2010, approve the Resolution, sign the required Certification and submit to the Florida Housing Finance Corporation. Agenda Item No. 16D7 April 24, 2007 Page 2 of 42 Prepared by: Susan Golden, Federal/State Grants Administration Manager Housing and Human Services Department Agenda Item No. 16D7 April 24, 2007 Page 3 of 42 COLLIER COUNTY, FLORIDA and the CITY OF NAPLES, FL SHIP LOCAL HOUSING ASSISTANCE PLAN (LHAP) FOR THE STATE OF FLORIDA FISCAL YEARS FY2007 -081 2008 -09, 2009 -10 Prepared by the Collier County Housing and Human Services Department Public Services Division 3050 North Horseshoe Drive Suite 110 Naples, FL 34104 (239) 403 -2330 www.colliergov.net April 2007 — 1 TABLE OF CONTENTS I. Program Description Purchase Price and Income Limits Definitions Q. Affordable Housing Strategies Purchase Assistance Owner Occupied Rehabilitation Land Acquisition and New Construction Demolition with New Construction Special Needs Housing Rental Housing Rehabilitation Disaster Relief Relocation Assistance Homebuyer Education III. Housing Incentive Strategies Iv. Exhibits Administrative Budget Exhibit A Timeline Exhibit B Housing Delivery Goals Exhibit C Certification Exhibit D County Resolution Exhibit E Program Information Exhibit F Ordinance (if applicable) Exhibit G Interlocal Agreement Exhibit H Not Applicable Agenda Item No. 16D7 April 24, 2007 Page 4 of 42 3 5 7 8 8 9 10 it 12 13 15 16 16 18 20 April 2007 - 2 - Agenda Item No. 16D7 April 24, 2007 Page 5 of 42 I. PROGRAM DESCRIPTION Chapter 67- 37.005 F.A.C. and Section 420.9072, F.S. A. Name of the participating local government and Interlocal if Applicable: Section 420.9072(5),F.S. Collier County Government Interlocal : Yes XX_ No Name of participating local government(s) in the Interlocal Agreement: City of Naples A copy of the Interlocal Agreement is attached as Exhibit H. B. Purpose of the program: Section 420.9072, F.S. and Chapter 67- 37.005, F.A.C. Creation of the Plan is for the purpose of meeting the housing needs of the very low, low and moderate income households, to expand production of and preserve affordable housing, and to further the housing element of the local government comprehensive plan specific to affordable housing. C. Fiscal years covered by the Plan: Chapter 67- 37002,F.A.0 X 2007/2008 X 2008/2009 X 2009/2010 D. Governance: Chapter 67- 37.005,F.A.C. and Section 420.9071,F.S. The SHIP Program is established in accordance with Section 420.907 -9079, Florida Statutes and Chapter 67- 37.007 Florida Administrative Code. The SHIP Program does further the housing element of the Collier County and City of Naples Comprehensive Plans. Cities and Counties must be in compliance with these applicable statutes and rules. E. Local Housing Partnership Section 420.9072, F.S. SHIP Program encourages building active partnerships between government, lenders, builders and developers, real estate professionals, advocates for low - income persons and community groups. Some of the active partners in Collier County include: Affordable Housing Commission Collier Building Industry Association Collier County Loan Consortium April 2007 - 3 - Agenda Item No. 16D7 April 24, 2007 Page 6 of 42 Habitat for Hurnanity of Collier County Collier County Housing Authority Collier County Hunger & Homeless Coalition Collier County Housing Development Corporation Empowerment Alliance of Southwest Florida St. Matthew's House and Wolfe Apartments Shelter for Abused Women & Children Immokalee Friendship House Immokalee Non -Profit Housing I HOPE One by One F. Leveraging: Chapter 67- 37.007, F.A.C. and Ssectio, 420.9075, F.S. The Plan is intended to increase the availability of affordable residential units by combining local resources and cost saving measures into a local housing partnership and using public and private funds to reduce the cost of housing. SHIP fiords may be leveraged with or used to supplement other Florida Housing Finance Corporation programs and to provide local match to obtain federal housing grants or programs. G. Public Input: Chapter 67- 37.005, F.A.C. Public input is an on -going process and is solicited throughout the year. Public input is obtained through face to face meetings with a variety of housing providers, social service providers, public advisory committees, local lenders, housing advocates and neighborhood associations. Public input was solicited through the local newspaper in the advertising of the Local Housing Assistance Plan and the Notice of Funding Availability. H. Advertising and Outreach: Chapter 67- 37.005, F.A.C. Collier County shall advertise the notice of funding availability in a newspaper of general circulation and periodicals serving ethnic and diverse neighborhoods, at least 30 days before the beginning of the application period. If no funding is available due to a waiting list, no notice of funding availability is required. Advertisements are placed in the Naples Daily News and the Immokalee Bulletin. 1. Discrimination: Section 420.9075, F.S. In accordance with the provisions of ss.760.20- 760.37, it is unlawful to discriminate on the basis of race, creed, religion, color, age, sex, marital status, familial status, national origin, or handicap in the award application process for eligible housing. J. Support Services and Counseling: chapter 67- 37.005.F.A.C. Support services are available from various sources. Available support services may include but are not limited to: Homeownership Counseling (Pre and Post), Credit Counseling, Tenant Counseling and information and referrals. April 2007 — 4 — Agenda Item No. 16D7 April 24, 2007 Page 7 of 42 K. Purchase Price Limits: Section 420.9075,F.S. and Chapter 67- 37.007O)F.A.C. Purchase Price Limits: The sales price or value of new or existing eligible housingmay not exceed 90% of the average area purchase price in the statistical area in which the eligible housing is located. Such average area purchase price may be that calculated for any 12 -month period beginning not earlier than the fourth calendar year prior to the year in which the award occurs. The sales price of new and existing units, which can be lower but may not exceed 90% of the average area purchase price established by the U.S. Treasury Department or as described above. The methodology used is: X_ Bond Study Numbers from FL Housing Finance Corp Independent Study (copy attached) U.S. Treasury Department Local HFA Numbers The purchase price limit for new and existing homes is shown on the Housing Delivery Goals Charts and shown below. Maximum Allowable Sales Price* $414,861.30 90% of Average Sales Price for Collier County Maximum Adopted Sales Price $300,000 65% of Average Sales Price for Collier County *Based on the 2006 Bond Study as provided by Florida Housing Finance Corporation L. Income Limits, Rent Limits and Affordability: Chapter 67- 37.005, F.A.C..and Section 420.9071. F.S. The Income and Rent Limits used in the SHIP Program are updated annually from the Department of Housing and Urban Development and distributed by Florida Housing Finance Corporation. Affordable means that monthly rents or mortgage payments including taxes and insurance do not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the households as indicated in Sections 420.9071 (19), (20) and (28), F.S. However it is not the intent to limit an individual household's ability to devote more than 30% of its income for housing, and housing for which a household devotes more than 30% of its income shall be deemed "affordable" if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30% benchmark and in the case of rental housing does not exceed those rental limits adjusted for bedroom size. M. Wages to Work: Chapter 67- 37.005(6)(b)(7)FAC. Should an eligible sponsor be used, Collier County has developed a qualification system and selection criteria for applications for Awards to eligible sponsors, which includes a description that demonstrates how eligible sponsors that employed personnel from the WAGES and Workforce Development hiitiatives April 2007 - 5 Agenda Item No. 16D7 April 24, 2007 Page 8 of 42 programs will be given preference in the selection process. N. Monitoring and First Right of Refusal: secaar 420.9075, F.S. In the case of rental housing, the staff or entity that has administrative authority for implementing the local housing assistance plan assisting rental developments shall annually monitor and determine tenant eligibility or, to the extent another governmental entity provides the same monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring and determination of tenant eligibility. However, any loan or grant in the original amount of $3,000 or less shall not be subject to these annual monitoring and determination of tenant eligibility requirements. Tenant eligibility will be monitored annually for 15 years or the term of assistance which ever is longer unless as specified above. Eligible sponsors that offer rental housing for sale before 15 years or that have remaining mortgages funded under this program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons. O. Administrative Budget: Chapter 67- 37.005, F.A.C. A detailed listing including line -item budget of proposed Administrative Expenditures is attached as Exhibit A. These are presented on an annual basis for each State fiscal year submitted. The Collier County Board of County Commissioners finds that the moneys deposited in the local housing assistance trust fund shall be used to administer and implement the local housing assistance plan. fn accordance with Chapter 67 -37, Florida Administrative Code, the cost of administering the plan does not exceed 5 percent of the local housing distribution moneys and program income deposited into the trust fund. A county or an eligible municipality may not exceed the 5 percent limitation on administrative costs, unless its governing body finds, by resolution, that 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. The cost of administering the program may not exceed 10 percent of the local housing distribution plus 5% of program income deposited into the host fund, except that small counties, as defined in s. 120.52(17), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent of program income for administrative casts. Collier County has adopted the finding allowing 10% of the funds to be used for administration as outlined in the attached resolution, Exhibit E April 2007 - 6 - Agenda Item No. 16D7 April 24, 2007 Page 9 of 42 P. Definitions: Essential Service Personnel (ESP): Those individuals employed in the community as teachers, educators, other school district employees, community college and university employees, police and fire personnel, health care personnel, skilled building trades personnel, government employees, and employees associated with health, safety and welfare agencies within the county earning up to 140% of median (for purposes of SHIP funding, the maximum income level will be 120% of median per F.S. 420.9071) and all other full time employees earning less than 80% of median income. Extremely Low Income (ELI): Individuals or a family whose total annual household income does not exceed 30% of the median annual adjusted gross income for Collier County as provided annually by HUD and /or the Florida Housing Finance Corporation. Very Low Income (VLI): Individuals or a family whose total animal household income does not exceed 50% of the median annual adjusted gross income for Collier County as provided annually by HUD and /or the Florida Housing Finance Low Income (LI): Individuals or a family whose total annual household income does not exceed 80 %.of the median annual adjusted gross income for Collier County as provided annually by HUD and /or the Florida Housing Finance Corporation. Moderate Income (MI): Individuals or a family whose total annual household income does not exceed 120% of the median annual adjusted gross income for Collier County as provided annually by HUD and /or the Florida Housing Finance Program Income: The proceeds derived from interest earned on or investment of the local housing distribution and other funds deposited into the local housing assistance trust fund, proceeds from loan repayments, recycled funds and all other income derived from use of funds deposited in the local housing assistance trust fund. Recaptured Funds: The funds that are recouped by a county or eligible municipality in accordance with the recapture provisions of its local housing assistance plan pursuant to S. 420.9075(4)(g) from eligible persons or eligible sponsors who default on the terms of a grant award or loan award April 2007 - 7 - Agenda Item No. 16D7 April 24, 2007 Page 10 of 42 H. LHAP HOUSING STRATEGIES: Chapter 67- 37.005, F.A.C. A. Name of the Strategy: Purchase Assistance a. Summary of the Strategy: The Purchase Assistance Program assists first -time homebuyers by paying a portion of their down payment and closing cost expenses. Funds may also be used to cover a portion of permitting fees. or impaet fees due an new Buyers of existing units are also eligible for additional emergency repair to the unit purchased. The program provides second mortgages to eligible applicants to assist in the purchase (and repair if applicable) of new or existing single - family homes, duplexes, condominiums, townhouses, or DCA approved manufactured homes. b. Fiscal Years Covered: This strategy will be funded during State Fiscal Years 2007 -2008, 2008 -2009, and 2009 -2010. C. Income Categories to be served: Purchase assistance will be available primarily only to low and very -low income applicants. However, a small portion of the fundine allocation will be made available to moderate income first-time homebuyers with incomes below 120% of median d. Maximum award as noted on the Housing Delivery Goals Charts: $50,000 per unit. e. Terms of Repayment: All purchase assistance loans will be secured by second mortgages. The interest rate on the loans will be 0 %. No payment will be required until the property is sold, transferred, refinanced, or is no longer the primary residence of the homebuyer. At that time the balance of the loan will be repaid to Collier County. Repaid funds are considered program income, a portion of which may be used for program administration. £ Recipient Selection Criteria: Applications will be taken on a first- come /first- served basis from all applicants meeting the following selection criteria: The applicant must be an income qualified, first -time homebuyer. A first -time homebuyer is defined as any one of the following: not having ownership interest in a home during the past three years, a single parent with children under the age of 18 who has recently been divorced and displaced, a displaced victim of domestic violence, or a person displaced as the result of some governmental action. The home to be purchased must be located within the boundaries of Collier County, FL, April 2007 — 8 — Agenda Item No. 16D7 April 24, 2007 Page 11 of 42 The applicant must be pre - approved by the lender providing the first mortgage for the purchase. The purchase price of the home may not exceed the maximum sales price allowed in Collier County by the SHIP Program. g. Sponsor Selection Criteria: Not Applicable h. Additional Information: The purchase assistance program will partner the use of SHIP funds with private sector first mortgages to provide homeownership opportunities to primarily low and very -low income first -time homebuyers in Collier County. B. Name of the Strategy: Owner- Occupied Rehabilitation a. Summary of the Strategy: The Owner- Occupied Rehabilitation program assists very -low and low income homeowners by providing loans to pay for necessary repairs. All identified repair work must include the correction of housing code violations and /or deferred maintenance. Fiscal Years Covered: This strategy will be funded during State Fiscal Years 2007 -2008, 2008 -2009, and 2009 -2010. c. hncome Categories to be served: This program will assist very -low and low income homeowners. d. Maximum award is noted on the Housing Delivery Goals Charts: $30,000 per unit. e. Terms of Repayment: All loans will be secured by a second mortgage payable to the County. The interest rate on the loans will be 0 %. Loans will be forgiven at a rate of 33.3 % every five years. No payment will be required until the property is sold, transferred, or is no longer the primary residence of the homebuyer. At that time the balance of the loan will be repaid to Collier County. Repaid funds are considered program income, a portion of which may be used for program administration. £ Recipient Selection Criteria: Applications will be taken on a first -come/ first served basis. Loans will be given to very -low and low income homeowners. The appraised value of the home must not exceed the maximum sales price allowed in Collier County by the SHIP Program. g. Sponsor Selection Criteria: Not Applicable h. Additional Information: In cases where the cost of repair exceeds the maximum April 2007 - 9 Agenda Item No. 16D7 April 24, 2007 Page 12 of 42 award available to the borrower, SHIP funds will be leveraged by the homeowner's own funds, CDBG funds, HOME funds, or other alternative sources. C. Name of the Strategy: Land Acquisition and /m• New Construction a. Summary of the Strategy: The Land Acquisitio" New Construction program is designed to facilitate the acquisition of vacant land which will be developed for affordable housing by offering loans to non - profit and for-profit housing providers to acquire such land and construct new affordable housing units. Collier County may also use this program to purchase land to be used for affordable housing. b. Fiscal Years Covered: This strategy will be funded in State Fiscal Years 2007 -08, 2008 -09, and 2009 -10. c. Income Categories to be served: The primary focus will be eventual beneficiaries must -be who are low or very -low income. However, this program will also consider requests for mixed income affordable housing to serve a portion of its residents up to 120% of median income d. Maximum award is noted on the Housing Delivery Goals Charts: shall not exceed $25,000 per unit. C. Terns of Repayment: All loans will be secured by a second mortgage payable to the County. Loans will be given for a maximum tern of 20 years. The interest rate on loans will range from 0% to 5 %, and will be based on factors including: need of the organization, the organization's ability to repay, and non -profit or profit status of the organization. Yearly payments will be required until the property is sold, transferred, or is no longer used to provide housing for low and/or very-low income individuals. At that time the balance of the loan will be repaid to Collier County. Repaid funds are considered program income, a portion of which may be used for program administration, Recipient Selection Criteria: Sponsors will income qualify applicants in accordance with SHIP regulations. Income qualified recipients will be selected on a first- come/first -serve basis. g. Sponsor Selection Criteria: A non- profit or for rn ofit housing provider wishing to receive land acquisition and /or new construction funds will be evaluated competitively using established evaluation and selection criteria which includes some of the following: Financial strength of the agency April 2007 - 10 - Agenda Item No. 16D7 April 24, 2007 Page 13 of 42 The ability of the sponsor to complete the development within the established timelines The demonstrated capacity of the sponsor /developer The affordability of the product produced Neighborhood compatibility of the development Number of units produced per SHIP dollar spent Leveraging of SHIP funds with other sources Preference will be given to organizations participating in the Wages to Work and Workforce Development programs per Chapter 67- 37.005(6) (b) (7) F.A.C. h. Additional Information: The SHIP funds used in the land acquisition /new construction program must be leveraged by multiple public and private sources. The non -profit or for profit developer receiving these loans will construct housing using a combination of State, Federal and private sector funding. This competitive application program must benefit primarily very low and low income residents but can provide assistance to some households earning between 80% -120% of median income. D. Name of the Strategy: Demolition with New Construction a. Summary of the Strategy: A nonprofit housing provider may receive a deferred payment loan to pay for the demolition and replacement of substandard housing found not to be cost effective or possible to rehabilitate for low and very-low income homeowners. The construction of a new home or installation of a modular home built to DCA code will occur after demolition and clearance. b. Fiscal Yeats Covered: This strategy will be funded during State Fiscal Years 2007 -08, 2008 -09, and 2009 -10. C. Income Categories to be served: Participants in this program must be low or very-tow income. d. Maximum award is noted on the Housing Delivery Goals Charts: Deferred payment loan for demolition, clearance and new construction shall not exceed $250,000. e. Terms of Repayment: All loans will be secured by a second mortgage payable to the County. The interest rate on the loans will be 0 %. Repayment will occur when the property is sold or transferred to the qualifying buyer. Repaid funds are considered program income, a portion of which may be used for program administration. f Recipient Selection Criteria: Applications will be taken on a first -come/ first served basis through the nonprofit sponsor. Loans will be given to very-low and April 2007 — 11 — Agenda Item No. 16D7 April 24, 2007 Page 14 of 42 low income homeowners /sponsoring agency. The appraised value of the home must not exceed the maximum sales price allowed in Collier County by the SHIP Program g. Sponsor Selection Criteria: A non -profit housing provider wishing to receive demolition with new construction funds will be evaluated competitively using established evaluation and selection criteria which include some of the following: Financial strength of the agency The ability of the organization/developer to complete the development within the established timelines The capacity of the organization /developer The affordability of the product produced Neighborhood compatibility of the development Number of units produced per SHIP dollar spent Leveraging of SHIP funds with other sources Preference will be given to organizations participating in the Wages to Work program and Workforce Development programs per Chapter 67- 37.005(6) (b) (7) F.A.C. h. Additional Information: In cases where the cost of demolition and construction exceeds the maximum award available to the borrower SHIP funds used in the strategy will be leveraged by the homeowner's own funds. SHIP funds will also be leveraged by the homeowner's new first mortgage when the new home is built. Recipients of loans from this strategy may also qualify for SHIP purchase assistance program. E. Name of the Strategy: Special Needs Housing a. Summary of the Strategy: Through the special needs housing strategy down payment, land acquisition, or development assistance loans may be awarded to non - profit organizations serving special needs clients for the purchase of homes, apartments, or land for housing. b. Fiscal Years Covered: This strategy will be funded during State Fiscal Years 2007 -08, 2008 -09, and 2009 -10. C. Income Categories to be served: This program will assist only non - profit housing providers who provide housing to low and /or very-low income, special needs residents on a first come, first served basis. d. Maximum award is noted on the Housing Delivery Goals Charts: Shall not exceed $25,000 per unit. C. Terms of Repayment: Special needs housing funds will be made available by April 2007 — 12 — Agenda Item No. 161D7 April 24, 2007 Page 15 of 42 loans secured by a second mortgage placed on the property acquired. Loans will be given for a maximum tern of 20 years. The interest rate on loans will range from 0% to 5 %, and will be based on factors including: need of the organization, the organization's ability to repay, and non - profit or profit status of the organization. Yearly payments will be required until the property is sold, transferred, or is no longer used to provide housing for low and /or very -low income individuals. At that time the balance of the loan will be repaid to Collier County. Repaid funds are considered program income, a portion of which may be used for program administration. Rental units will be monitored for a period of 15 years per Rule Chapter 67- 37.005(6)(c) of the Florida Administrative Code. Resale and First Right of Refusal for Affordable Housing will be given to Eligible Sponsors as noted in Section 420.9075 (4)(f) Florida Statues. f. Recipient Selection Criteria: Very low and low income special needs individuals and families served by the sponsoring agency. g. Sponsor Selection Criteria: A non - profit housing provider wishing to receive _. special needs housing funds will be evaluated competitively using established evaluation and selection criteria which include some of the following criteria: Financial strength of the agency The ability of the sponsor /developer to complete the development with the established timelines The capacity of the sponsor /developer The affordability of the product produced Neighborhood compatibility of the development Number of units produced per SHIP dollar spent Leveraging of SHIP funds with other sources h. Additional Information: SHIP funds used for special needs housing must be leveraged by multiple State, Federal or private sector funds. F. Name of the Strategy: Rental Housing Rehabilitation a. Summary of the Strategy: The rental housing rehabilitation program assists non- profit housing providers by providing loans to pay for necessary repairs. All identified repair work will include the correction of housing code violations and/ or deferred maintenance. b. Fiscal Years Covered: This strategy will be funded during State Fiscal Years _. 2007 -08, 2008 -09, and 2009 -10. April 2007 - 13 - Agenda Item No. 16D7 April 24, 2007 Page 16 of 42 C. Income Categories to be served: This program will assist only non -profit housing providers who provide housing to low and /or very-low income tenants on a first come, first served basis. d. Maximum award is noted on the Housing Delivery Goals Charts: $15,000 per unit. e. Terms of Repayment: All loans will be secured by a second mortgagepayable to the County. Loans will be given for a maximum term of 20 years. The interest rate on loans will range from 0% to 5 %, and will be based on factors including: need of the organization, the organization's ability to repay, and non -profit or profit status of the organization. Yearly payments will be required until the property is sold, transferred, or is no longer used to provide housing for low and /or very -low income individuals. At that time the balance of the loan will be repaid to Collier County. Repaid funds are considered program income, a portion of which may be used for program administration. Units will be monitored for a period of 15 years per Rule Chapter 67- 37.005(6)(c) of the Florida Administrative Code. Resale and First Right of Refusal for Affordable Housing will be given to Eligible Sponsors as noted in Section 420.9075 (4)(f) Florida Statues. Recipient Selection Criteria: Sponsors will income qualify very low and low income applicants in accordance with SHIP regulations. Income qualified recipients will be selected on a first- come /first -serve basis. g. Sponsor Selection Criteria: A non - profit housing provider wishing to receive rental rehabilitation funds will be evaluated competitively using established evaluation and selection criteria which includes some of the following criteria: Financial strength of the agency Ability of the sponsor /agency to complete the rehabilitation with the established timelines The capacity of the sponsor /agency The affordability of the product Neighborhood compatibility of the development Number of units rehabbed per SHIP dollar spent Leveraging of SHIP funds with other sources Preference will be given to organizations participating in the Wages to Work program. h. Additional Information: April 2007 - 14 - Agenda Item No. 16D7 April 24, 2007 Page 17 of 42 G. Name of the Strategy: Disaster Relief and Mitigation a. Summary of the Strategy: The disaster relief and mitigation program provides assistance to households following a natural disaster as declared by the President of the United States or Governor of the State of Florida. ohs sEratE gyikporrlY 4.,.:.... lemeated n he-e F 1 'r:"""tcr=RarF •• r'iad" «L... «�-amrliFr'di i,vc �p�,z,,�.�.� venom..- .�„�. =�a� =tea, cr,..., ing Finanee Ga pefatiei•. SHIP disaster and mitigation funds maybe used for repairs sustained as a result of a natural disaster and payment of insurance deductibles for rehabilitation of homes covered under homeowners insurance policies. b. Fiscal Years Covered: This strategy will be funded for State Fiscal Years 2007 -08, 2008 -09, and 2009 -10. c. Income Categories to be served: All recipients in this program must be low or very -low income. d. Maximum award is noted on the Housing Delivery Goals Charts: $15,000 per unit. e. Terms of Repayment: All loans will be secured by a second mortgage payable to the County. The interest rate on the loans will be 0 %. No payment will be required until the property is sold, transferred, refinanced, or is no longer the primary residence of the homebuyer. At that time the balance of the loan will be repaid to Collier County. Repaid funds are considered program income, a portion of which may be used for program administration. f Recipient Selection Criteria: Applications will be taken on a first -come/ first served basis. Loans will be given to low and very -low income homeowners. The appraised value of the home must not exceed the maximum sales price allowed in Collier County by the SHIP Program. g. Additional Information: In cases where the cost of repair exceeds the maximum award available to the borrower SHIP funds will be leveraged by the homeowner's own funds. Repair may also be leveraged by homeowner's insurance, the homeowner's first mortgage, any equity amassed in the home and special mitigation or disaster relief funds. April 2007 - 15 - Agenda Item No. 16D7 April 24, 2007 Page 18 of 42 H. Name of the Strategy: Relocation Assistance Program a. Summary of the Strategy: Through the relocation assistance strategy, persons who have lost affordable housing due to the closure of a mobile horne park or the conversion of affordable rental units to condominiums will be eligible to receive a one time relocation assistance grant through this strategy. Grants may be used to fund relocation expenses such as down payment, deposits, first and last month's rent, and utilities for SHIP eligible units. b. Fiscal Years Covered: This strategy will be funded for State Fiscal Years 2007- 08, 2008 -09, and 2009 -10 using SHIP funds which have not vet been encumbered and as the need arises. A cost sharing agreement shall be pursued between the County and any developer needing County approval to move forward with plans that will result in the loss of affordable housing. C. Income Categories to be served: All recipients in this program must be very -tow income. d. Maximum award is noted on the Housing Delivery Goals Charts: 53,000 per family e. Terms of Repayment: All funds provided to eligible households will be in the form of a grant and not subject to recapture. £ Recipient Selection Criteria: Applications will be taken on a first- come / first served basis to persons who have lost affordable housing due to the closure of a mobile home park or the conversion of affordable rental units to condominiums. g. Sponsor Selection Criteria: It. Additional Information: I. Name of the Strategv: Homebuver Education & Counseling a Summary of the Strategy: This strategy will provide opportunities for group and one on one homebuyer education and counseling to include at a minimum credit counseling, budgeting, mortgage options home burg process foreclosure prevention predatory lending refinancing home owner maintenance and other needed assistance. b. Fiscal Years Covered: This strategy will be funded during State Fiscal Years 2007 -08, 2008 -09, and 2009 -10. C. Income Categories to be served: Homebuyer education and counseling will be available to all interested first time homebuyers. April 2007 - 16 - Agenda Item No. 161D7 April 24, 2007 Page 19 of 42 d Maximum award is noted on the Housing Delivery Goals Charts: Maximum funding provided to a nonprofit sponsor(s) offering homebuver education and counseling will not exceed $35 000 per year. e Terms of Repayment All funds provided to a sponsor organization will be in the form of a grant and not subject to recapture. f Recipient Selection Criteria Homebuyer education and counseling workshops will be available to all interested first time homebuyers. u Sponsor Selection Criteria: A non-profit housing provider wishing to receive a grant to provide homebuver education and counseling will be evaluated competitively using established evaluation and selection criteria which include some of the following: Financial strength of the agency The ability of the organization to provide deliverables within the required timeline HUD Certification Frequency of classes and diversity of locations Education and experience of staff Training experience Leveraging, of SHIP funds with other sources h. Additional Information: April 2007 - 17 - Agenda Item No. 16D7 April 24, 2007 Page 20 of 42 III. LHAP INCENTIVE STRATEGIES Section 420.9071(16) and Section 420.9076(6)), F.S. A. Name of the Strategy: Expedited Permitting Permits as defined in s. 163.3164(7) and (8) for affordable housing projects are expedited to a greater degree than other projects. a. Established policy and procedures: Collier County Resolution No. 2005 -408 adopted November 29, 2005, speeds the rezone, approval, and permitting of developments for affordable housing. B. Name of the Strategy: Ongoing Review Process An ongoing process for review of local policies, ordinances, regulations and plan provisions that increase the cost of housing prior to their adoption. a. Established policy and procedures: The executive summary system used by the Collier County Board of County Commissioners serves as a process for an going review of items seeking Board action that may affect affordable housing. Every County Ordinance, Resolution, Contract, Bid, Award, Agreement, and Policy must have an executive summary attached which is reviewed as to its effect on affordable housing. C. Name of the Strategy: Affordable Housing Definition Definition as defined in the Collier County Land Development Code Section 1.08.02. a. Established policy and procedures: Housing, affordable - workforce: means residential dwelling units within a monthly rent or monthly mortgage payment, including property taxes and insurance, not in excess of 1/12 of 30 percent of an amount which represents a range of median adjusted gross annual income (median income) for households as published annually by the U.S. Department of Housing and Urban Development within the Naples Metropolitan Statistical Area (MSA) (See Section 2.05.02), specifically including the following subsets: Rental workforce housing 50 percent or less of median income, otherwise considered to be "very low income'. Rental workforce housing from 51 percent -60 percent of median income, otherwise considered to be "low income'. Owner occupied workforce housing 50 percent or less of median income, otherwise considered to be "very low income'. Owner occupied workforce housing 51 percent --60 percent of median income, otherwise considered to be "low income'. Owner occupied workforce housing 61 percent -80 percent of median income, otherwise considered to be "low income April 2007 - is Agenda Item No. 16D7 April 24, 2007 Page 21 of 42 Owner occupied gap housing: 81 percent -150 percent of median income. (For purposes of SHIP funding, the maximum income level will be 120% of median income per F.S. 420.9071) The term affordable housing is specifically intended to include affordable - workforce housing. D. Name of the Strategy: Impact Fee Deferrals for Affordable Housing a. Established policy and procedures: Collier County Ordinance No. 2005 -40, as amended, adopted July 26, 2005 allows for the deferral of impact fees for affordable housing. E. Name of the Strategy: Increased Density Levels The process in which a developer may request increased density by including a certain percentage of affordable housing in the mix of the community. a. Established policy and procedures: An Affordable Housing Density Bonus Agreement must be entered into and approved by the Board of County Commissioners as provided for in the Collier County Land Development Code Section 2.06.00. F. Name of the Strategy: Preparation of a Printed Inventory of Locally Owned Public Lands Suitable for Affordable Housing. Process by which the County prepares a list of Comity owned properties that are suitable for affordable housing. a. Established policy and procedures: At least every three years, Collier County will prepare and adopt by Resolution an inventory list of all real property it owns within its jurisdiction that is appropriate for use as affordable housing. affordable housing developments. April 2007 - 19 Agenda Item No. 161D7 April 24, 2007 Page 22 of 42 IV. EXHIBITS: A. Administrative Budget for each fiscal year covered in the Plan. Exhibit A. B. Timeline for Encumbrance and Expenditure: Chapter 57- 37.00., F.A.C. A separate timeline for each fiscal year covered in this plan is attached as Exhibit B. Program funds will be encumbered by June 30 one year following the end of the applicable state fiscal year. Program funds will be fully expended within 24 months of the end of the applicable State fiscal year. C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year Covered in the Plan: chapter 67- 37.005, F.A.C. Completed HDGC for each fiscal year is attached as Exhibit C. D. Certification Page: Chapler07- 37.003, FA.C. Signed Certification is attached as Exhibit D. E. Adopting Resolution: section 420.9072, FS.. Original signed, dated, witnessed or attested adopting resolution is attached as Exhibit E. F. Program Information Sheet: Completed program information sheet is attached as Exhibit F. G. Ordinance: section 420.907, F.S. If changed from the original ordinance, a copy is attached as Exhibit G. - -- -Not Applicable H. Interlocal Agreement: section 420.9072, F.S. A copy of the Interlocal Agreement if applicable is attached as Exhibit H. April 2007 - 20 - Agenda Item No. 16D7 April 24, 2007 ADMINISTRATIVE BUDGET FOR EACH FISCAL YEAR LHAP Template 6106 Aamin buaget Fiscal Year 2007 -2008 Salaries and Benefits $257,000 Office Supplies and Equipment $8,000 Training, Travel, Perdiem Workshops, etc $8,000 Advertising, postage $2,000 Professional Services $3,297 Office Rent & Utilities $16,000 Total Fiscal Year 2008 -2009 $294,29! Salaries and Benefits $257,000 Office Supplies and Equipment $8,000 Training, Travel Perdiem Workshops, etc $8,000 Advertising, postage $2,000 Professional Services $3,297 Office Rent & Utilities $16,000 Total Fiscal Year 2009 -2010 �L94,Ly l Salaries and Benefits $257,000 Office Supplies and Equipment $8,000 Training, Travel Perdiem Workshops, etc $8,000 Advertising, postage $2,000 Professional Services $3,297 Office Rent & Utilities $16,000 Total $L94,G`J 1 Based on a distribution of 10% of the proposed $2,942,972 allocation oo� N z N� E a�_N Qq c6 c � m Q 0 N °o N aK W Y U w W H N O W J Q W H 0] w T C O U _m 0 U c E m O U U J O E Z ro C µ0 N O T 'm 6 v L a F X m c v n r N R N a v c Q E m J 5 6 E °u 0 a a j u m Dc L E 9 C 'u d n a N 0 D c a a N a O1 0 5 E E Q °o n c A U N R 9 O _T n Ae Y a r vu 4 N O v m 0 w c E N N v `o n E c W a V N LL `o a c v m 0 W t O E O 9 w O J v n W a U b U v T a rc q Q E N i t -11H it I S I X X 1 X X �. -1- I i i I C 8 G ro C µ0 N O T 'm 6 v L a F X m c v n r N R N a v c Q E m J 5 6 E °u 0 a a j u m Dc L E 9 C 'u d n a N 0 D c a a N a O1 0 5 E E Q °o n c A U N R 9 O _T n Ae Y a r vu 4 N O v m 0 w c E N N v `o n E c W a V N LL `o a c v m 0 W t O E O 9 w O J v n W a U b U v T a rc q Q E N mo o , Z E �' �aa c O m Q m °o N « C O i O N U 2' y W Y U Q .. 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Z r OZ O O O O O O O O O O O O O O¢ b bP - - ! !° 7 7 Y f.. ' '�. � p O O O O O O O O T T'. p O O O O 7 7 • r � p •p r w w w aq v zo 77 o m x g - S S S o g - S pry t OfZ!c Z C 0. C LL Z LL Z V. c C mg LL c 2 ,21 nQg 12 ae 0 ? e —P 0 R n aq 0 0 o o L O 0 °N 6 E z z z z z z z z z Z U z Z: HtF Z 7a Z7 Is d 6 Ll� 11� 0$ q LL V E t ON Z: m�E D: 0 z < E E o i O 9 0 o mo Z. -TT I IF Agenda Item No. 16D7 April 24, 2007 Page 30 of 42 LHAP'remplate 6/06 Exhibit D CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Name of Local Government: Collier County (1) The local government will advertise the availability of SHIP funds pursuant to Florida Statutes. ' (2) All SHIP.funds will be expended in a manner which will insure that there will be no discrimination on the basis of race, creed, religion, color, age, sex, familial or marital status, handicap, or national origin. (3) A process for selection of recipients for funds has been developed. (4) The eligible municipality or county has developed a qualification system for applications for awards. (5) Recipients of funds will be required to contractually commit to program guidelines. (6) The Florida Housing Finance Corporation will be notified promptly if the local government (or interlocal entity) will be unable to comply with the provisions the plan. (7) The Local Housing Assistance Plan shall provide for the expenditure of SHIP funds within 24 months following the end of the State fiscal year in which they are received. (8) The plan conforms to the Local Government Comprehensive Plan, or that an amendment to the Local Government Comprehensive Plan will be initiated at the next available opportunity to insure conformance with the Local Housing Assistance Plan. (9) Amendments to the approved Local Housing Assistance Plan shall be provided to the Corporation with in 21 clays after adoption. (10) The trust fund shall be established with a qualified depository for all SHIP funds as well as moneys generated from activities such as interest earned on loans. (11) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by law. (12) The local housing assistance trust fund shall be separately stated as a special revenue fund in the local governments audited financial statements, copies of the audits will be forwarded to the Corporation as soon as available. 13) An interlocal entity shall have its local housing assistance trust fund separately audited Agenda Item No. 16D7 April 24, 2007 Page 31 of 42 LHAP Template 6/06 Exhibit D Page 2 Certification for each state fiscal year, and the audit forwarded to the Corporation as soon as possible. (14) SHIP funds will not be pledged thr debt service on bonds or as rent subsidies. (15) Developers receiving assistance lirom both SHIP and the Low Income Housing Tax Credit (LIRT'C) Program shall comply with the income, affordability and other LIHTC requirements, Similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements. (16) Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to service eligible persons. (17) Rental Units constructed or rehabilitated with SHIP funds shall be monitored at least annually for 15 years for compliance with tenant income requirements and affordability requirements or as required in Section 420.9075 (3)(e) (18) The Plan meets the requirements of Section 420- 907 -9079 FS, and hole Chapter 07 -37 FAC, and how each of those requirtanents shall be met. (19) The provisions of Chapter 83 -220, Laws of Florida ----has or X has not been implemented. witncs5 Witness Date OR Attest; (Seal) Chief @lecte,d official or designee JAAQES C_OLGTTA CIIAIRMAN Type Namc ,and Title _ Apprcv o f �i f8cicucy Jer @Gy A. KIM& , A... at County M.nicy Agenda Item No. 16D7 April 24, 2007 Page 32 of 42 EXHIBIT E Adopting Resolution: Section 420.9072, F.S. Original signed, dated, witnessed or attested adopting resolution will be included in the adopted Plan as Exhibit E Agenda Item No. 16D7 April 24, 2007 Page 33 of 42 LHAP Template 6/06 Exhibit F STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM INFORMATION SHEET LOCAL GOVERNMENT: Collier County CHIEF ELECTED OFFICIAL (Mayor, Chairman, etc.): James Coletta, Chainnan ADDRESS: 3301 Tamiami Trail East Naples, FL 34112 SHIP ADMINISTRATOR: Marcy Krumbine, Director ADDRESS: 3301 Tamiami Trail East Naples, FL 34112 TELEPHONE: (239) 304 -4230 FAXj(23933 403.2331 EMAIL ADDRESS: _ MarcvKrumbineacolliecrov .net ADDITIONAL SHIP CONTACTS: Susan Golden or Wendy Klopf ADDRESS: Same as above EMAIL ADDRESS: susauolden@collieuzov.net wendyklo fpr collier og v net INTERLOCAL AGREEMENT: YES/NO (IF yes, list other participants in the inter -local agreement): Yes, with City of Naples The following information must be furnished to the Corporation before any funds can be disbursed. LOCAL GOVERNMENT EMPLOYER FEDERAL ID NUMBER: MAIL DISBURSEMENT TO: ADDRESS: OR:1F YOUR FUNDS ARE ELECTRONICALLY TRANSFERRED PLEASE COMPLETE THE ATTACHED FORM: XX NO CHANGE FROM PREVIOUS ELECTRONIC FORM SUBMITTED. Provide any additional updates the Corporation should be aware of in the space below: Please return this form to: SHIP PROGRAM MANAGER, FIIFC 227 N. BRONOUGH ST, STE 5000 TALLAHASSEE, FL 32301 Fax: (850) 922 -7253 Agenda Item No. 16D7 April 24, 2007 Page 34 of 42 EXHIBIT G Ordinance: Section 420.907, F.S. If changed from the original ordinance, a copy is attached as Exhibit G NOT APPLICABLE Agenda Item No: 16DT April 24, 2007 Page 35 of 42 Exhibit H. Collier County Local Housing Assistance PIan FY 2005, 2006, and 2007 INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT made and entered into this a /st-day of April, 2004 by and between Collier County, a political subdivision of the State of Florida, acting by and through its Board of County Commissioners (the "County ") and the City of Naples, a municipal corporation created and existing raider the laws of the State of Florida, acting by and through its City Council ( "City "): WITNESSETH: WHEREAS, Section 420.9072 (4), Florida Statutes, (the "State Housing Initiatives Partnership Act" "SHIP "), authorizes monies in the Local Government Housing Trust Fund (the "Fund ") to be distributed to the County and eligible municipalities within the County pursuant to an interlocal agreement; and WHEREAS, Collier County is an approved County and the City of Naples is an eligible municipality within the County; and WHEREAS, the County and City desire to distribute SHIP allocations pursuant to this Interlocal Agreement; and WHEREAS, the County and the City have determined the SHIP funds can be more effectively and efficiently utilized and managed when the County and City work cooperatively to address the community's affordable housing needs. _Agenda Item No. 16D7 April 24, 2007 Page 36 of 42 NOSY, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreements hereinafter set forth, the parties hereto agree as follows: I. The City and the County do hereby agree that the monies in the Fund which are to be distributed to the County as provided in 420.9073, Florida Statutes, shall be allocated between the County and City as follows: City 9.28% County 90.72% For Fiscal Year, 2004 -05 the State allocated 9.28% of the SHIP fiords to the City and 90.72% to the County. Therefore, no less than 9.28% of the total allocation will be earmarked for the City of Naples in any given fiscal year. These percentages are based upon the March 2004 SHIP program allocation distribution schedule. The City of Naples may distribute a potion of its allocation to housing activities within the Urban Housing Assistance Area as defined in the July 1994 Interlocal Agreement adopted by Collier County and the City of Naples. 2. Unless earlier terminated pursuant to other provisions of this Interlocal Agreement, the term of this Agreement shall run concurrent with the distribution of monies in the Fund which are to be allocated between the County and the City. This Interlocal Agreement entered into this Q I Sr day of April, 2004 shall expire on the 30 °i day of June, 2007, unless at such time the City and the County mutually agree to extend this Agreement or terminate said Agreement under the provisions of Section 8. 1) Agenda Item No. 16D7 - - April 24, 2007 Page 37 of 42 3. The City and the County direct the Florida Housing Finance Corporation (the "Corporation ") to distribute and allocate the monies in the Fund in accordance with this Interlocal Agreement and authorize the Corporation to rely on their stated intent and their authority to execute this Interlocal Agreement. 4. Provided this Interlocal Agreement remain effective between the City and the ounty, both parties agree that they will not do anything to jeopardize the other party's right to receive its allocation from the Fund. 5. The parties to this Agreement understand that the statute requires an incentive plan for providing affordable housing and they agree to cooperate in ensuring that the requirements and spirit of the statute are satisfied. 6. The parties to this Agreement recognize the contributions of the joint City/ County Affordable Housing Commission (AHC) and agree to appoint AHC members to the Affordable Housing Advisory Committee. The County's Financial Administration and Housing office will be responsible for the overall administration of the programs assisted with SHIP funds and shall receive administration monies from the SHIP allocation. Said administration allocation shall not exceed 10% of the total SHIP allocation in accordance with 420.9075 (6) and Comity Resolution 2004 - . The County will establish, administer, and audit a Local Housing Assistance Trust Fund in accordance with Ordinance No. 93 -19, as amended and SHIP requirements. In addition, the County will submit the required annual report on behalf of the interlocal entities. 3 ._._..._____._ ___ .. __ _Agenda Item No. 18D7_ -.._. April 24, 2007 Page 38 of 42 7. If at any time during the term of this Interlocal Agreement, the City or the County which are parties to this Interlocal Agreement believe that the intent of the parties as set fortlr herein is not being accomplished, or that the terms of the Interlocal Agreement are not fair, such entity may, upon the giving of ninety days written notice, renegotiate the terms and provisions of this Interlocal Agreement to be effective on the day of the next fiscal year. If the parties are unable to so renegotiate the terms and provisions of this Interlocal Agreement prior to the commencement of the next fiscal year, the noticing party shall cease to be party to this Interlocal Agreement and this hrterlocal Agreement shall terminate and be of no further force or effect as to such party and the funds shall be allocated according to population pursuant to Section 420.9072 (9) and Section 420.9073, Florida Statues. S. If either party shall cease to be eligible for allocation and distribution, such party's allocation of the funds shall remain in the Fund to be used by the Corporation. 9. For all purposes of this Interlocal Agreement, the term "Interlocal Agreement" shall mean this Interlocal Agreement. 10. Both parties acknowledge the SHIP enabling legislation, the rules promulgated to implement same, and that the Statute and the rules are incorporated herein as if they were reprinted. 4 Agenda ltern No. 16D7 April 24, 2007 Page 39 of 42 IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their drily authorized officials. DATED: ATT ES'I', VJU �l L D.0 . DWIGHT' E„ , o, �C,,.IRE�,RK f�- � F�q � � n x�FO`+ai APPROVEDAS TO FORM AND LEGAL SUFFICIENCY; PATRICK G. WHITE ASSISTANT COUNTY ATTORNEY DATED:_ ATTEST: VARA A. NORMAN, CITY 'LE APPROVED AS TO FORM AND LEGAL SUFFTCIENCY: ROBERT D. PRITT , CITY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA By: faa �yz DONNA FIA A, CHAIRMAN CITY OF NAPLES, a municipal corporation BILL BARNETT , MAYOR Agenda Item No. 16D7 April 24, 2007 Page 40 of 42 Exhibit E RESOLUTION NO. 2007- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ADOPTING THE LOCAL HOUSING ASSISTANCE PLAN FOR FISCAL YEARS 2007 -2008, 2008 -2009. AND 2009 -2010, AS REQUIRED BY THE FLORIDA STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM; UPDATING HOUSING STRATEGIES; ADDING NEW INCENTIVE STRATEGIES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida State Legislature enacted the William E. Sadowski Affordable Housing Act on July 7, 1992 (the 'Act "), Section 420.907, et seq., Florida Statutes, and Chapter 91 -37, Florida Achntrustyulive Code, as a comprehensive funding package for state and local housing programs to better enable local governments to meet their responsibilities far affordable housing in accordance with their comprehensive plans; and WHEREAS, pursuant to the Act. the State will allocate a portion of new and existing documentary stanp taxes on deeds to local governments for development and maintenance of affordable housing; and WHEREAS_ the Board of County Convuissioners of Collier County, Florida, enacted Collier County Ordinance No. 93 -19 on April 13, 1993, codified as Article III of Chapter 114 of the Collier County Code of La\es and Ordinances, known as the Collier County Housing hnaiatives Partnership (SHIP) Progam; and WHEREAS. through Resolution No. 2004 -155, the Boatel of County Commissioners adopted a three year Local Housing Assistance Plan (LHAP) outlining the intended use of SHIP funds for fiscal gears 2004 -2005, 2005 -2006, and 2006 -2007; and WHEREAS a new three year Local Housing Assistance Plan (LHAP) outlining the intended use of SHIP funds toy fiscal years 2007 -2008, 2008 -2009 and 2009 -2010 must be adopted and submitted by May 1, 2007. NOW. THEREFORE, be it resolved by the Board of County Commissioners of Collier County, Florda, that the Collier County and City of Naples, FL State Housing Initiatives Partnership (:SHIP) Program Local Housing Assistance Plan (LHAP) for the State of Florda Fiscal Years 2007 -2008, 2008 -2009, and 2009 -2010, a copy of which is attached to this Re$UIL16011. is hereby adopted as set forth in such attachment. Page I of 2 Agenda Item No. 16D7 April 24, 2007 Page 41 of 42 I. Housing Strategies have been updated to reflect the changing needs of the community. 2. lncentive Strategies have been added to reflect current policies that pertain to affordable housing. 3. The Housing Delivery Goals Chart of the 2008 -2010 LHAP has been updated to reflect the new strategies and changes to current strategies. BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its approval, and that it be recorded in the minutes of this Board. This Resolutioa adopted after motion, second and majority vote this 24th day of April, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGFIT L. BROUK., CLERK COLLIER COUNTY FLORIDA By: By: Deputy Clcrk AJrJt ga form and sufficiency: Jeff y A. KI: kow M t ging As.., [ant County Attorney Page 2 of 2 JAMES COLET.fA. CHAIRMAN Agenda Item No. 1617 April24,2007 Page 42 of 42 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 1507 Item Summery: Recommendation to adopt the Slate Housing Initiative Pannership (SHIP) Local Housing Assistance Plan (LHAP) for State Fiscal Years 20072008. 2008 -2009 and 2009 -2010 as required by stale law and submit to the Florida HOUSIng Finance Corporation. Meeting Date: 412412007 9.00.00 AM Prepared By FederaliState Grants Administration Susan Golden Manager Data Public Semmes Housing & Human Services 4161200710:52:41 AM Approved By Marcy Krumbine Director Date Public Services Housing 8 Human Services 4161200712'.26 PM Approved By Jeff Metal Assistant Count, Attorney Date County Attorney County Amorm, ONtce 4191213:41 PM Approved By Marla Ramsey Public Services Aeminislrator Date Public SeMCes Public Services Admin. 4112120074:41 PM Approved By OMB COOmmmot Administrative Assistant Date County Manager's Office Often of Manapemrm Is Budget 411312007 9'.27 AM Approved By Sherry Pryor Management &Budget Analyst Date County Managers ORVZ Office of Management & Budget 411 312 00 7 10 57 AM Approved By Mark lsnckson Budget Analyst Date County Manngefs Once Office of Management& Budget 41131201] 11:52 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 4/14120079:19 PM Commissioners Agenda Item No. 16D8 April 24, 2007 Page 1 of 10 EXECUTIVE SUMMARY Recommendation to approve the submittal of a Florida Boating Improvement Program Derelict Vessel Removal Grant in the amount of $80,000 to the Florida Fish and Wildlife Conservation Commission. OBJECTIVE: To receive approval to submit a Florida Boating Improvement Program Grant (FBIP) to the Florida Fish and Wildlife Conservation Commission for derelict vessel removal in the amount of 80,000. CONSIDERATIONS: Collier County has removed derelict vessels from its waters since 1998 in order to preserve and enhance its waterways and estuaries. Currently there are forty -eight known derelict vessels within the County. The County is working with Florida Fish and Wildlife Commission (FWC) law enforcement to officially document these vessels so they may be legally removed from its waters. The following table provides a summary of the Derelict Vessel grant program and includes awarded grants and those which are pending. Derelict Vessel Grant Program Summary Phase II Phase II Award Applied Grant Source Phase I Award Amt. Amt. for /Pending Total Florida Boating Improvement Program $20,000 $0 $80,000 $100,000 U.S. Fish and Wildlife Service $31,000 $30,000 $61,000 County non cash (soft match) $0 $0 $10,000 $10,000 Total $51,000 $30,000 $90,000 $171,000 Vessels to be removed 20 7 21 48 To date the County has received a total of $51,000 for Phase I of its derelict vessel removal program. The funds are intended to remove up to twenty vessels. The vessels will be removed as soon as the required FWC derelict vessel forms have been completed and submitted. These vessels vary in size and the number of vessels that can be removed vary due to location and time they have spent in the water. Referencing the summary table above, phase II of the Derelict Vessels Grant Program involves $110,000 of grant dollars plus a local non cash administrative cost match through Collier County Agenda Item No. 16D8 April 24.. 2007 Page 2 of 10 Coastal Zone Management. The Florida Boating Improvement Grant for $80,000 is the final component of this phase I1 process. Phase II grant dollars will be directed toward removal of the remaining twenty eight known vessels in addition to those vessels not removed under phase I. FISCAL IMPACT: The grant programs referenced in this Executive Summary are reimbursable in nature and upon notification of award by the applicable grant agency, all final grant documents as wall as required budget amendments will be submitted to the Board of County Commissioners for consideration. GROWTH MANAGEMENT IMPACT: The grant money will support the Conservation and Coastal Management Element of the County Growth Management Plan. LEGAL CONSIDERATIONS: Following award of the grant, it is anticipated that the Florida Fish and Wildlife Conservation Commission will forward a grant agreement for consideration by the Board of County Commissioners. RECOMMENDATION: That the Board of County Commissioners approve the submittal of a Florida Boating Improvement Program Boating Grant to the Florida Fish and Wildlife Conservation Commission for derelict vessel removal in the amount of $80,000 and authorize the Chairman to sign the transmittal letter, application and Resolution. PREPARED BY: Pamela Keyes, Environmental Specialist, Coastal Zone Management Item Number: Item Summary : Meeting Date: Approved By Gary y 1pin Ppblic Services Agenda Item No 16DB April 24 2007 Pag_ S of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 15DP Keco.'n:nendavon to approve me suomptal of a Florida Bpabng ImgrolerlT Frognam DPrellcl Vessel Removal Grant m ino amount of 5Yl 000 to Ole Flonda Flan and Wiidl1f1 .,or servahon Cornrnlssoo 4/2412007 9O0 00 AM Coffer Project Manager Coastal zone Management Date 41512007 4'.14 PM Approved By _ Marlene J Foortl Snooty Coondoodor Data Administrative Services Atltnimstrative Sur-faces Arend 4151200]5,17 PM Approved By Cheri Palmer Asetstanl County Attorney Dale County Attorney County Attorney Office 411212007 9 33 AM Approved By Kai Carpenter Eree ive Secretary Data Pubilc Services Publle Services Added, 01212007 5:04 PM Approved By Man. Ramsey PuMi c Services Admnnoun mr Date Pill sefviees Pull, Servines Amrin. 411312oO7 'l0'. 11 AM Approved By OMB Coordmaior Armmisdrabvo Aasetant Dade only Maine,", O1Yme 01 of Mananeivent S Sprout 4 131260 139 PM Approved By Mark laucksen budget Analyst Dme Coun t, Madoun S Office Office o1 Management 8 Budood 411G2007 4:20 PM Approved By James'J -Mudd County Manager Dade Board of County County Manager's Otfice 411]1200] 201 PM Commissioners April 25, 2007 Agenda Item No. 16DS April 24, 2007 Page 4 of 10 COLLIER COUNTY COLLIER COUNTY DIVISION OF PUBLIC SERVICES COASTAL ZONE MANAGEMENT 3300 Santa Barbara Boulevard • Naples, Florida 34116 -6601 (239) 213 -2966 • Fax: (239) 353 -4061 • http: //w .colliergov.net Kenneth D. Haddad, Executive Director Florida Fish and Wildlife Conservation Commission Florida Boating Improvement Program 620 South Meridian Street Tallahassee, Florida 32399 -1600 RE: Derelict Vessels Removal Program, Collier County Dear Mr. Haddad: On behalf of Collier County, I am pleased to submit the enclosed grant application (one original and seven copies) to the Florida Fish and Wildlife Conservation Commission, Florida Boating Improvement Program for Derelict Vessel Removal. If the project is chosen for funding, Collier County is committed to fulfilling all commitments made in the application. I authorize Pamela Keyes, Environmental Specialist for the Coastal Zone Management Department, to act as the Project Manager and official contact person for this grant project. I understand that all correspondence regarding the grant will be directed to her. Collier County thanks you for your consideration of this project and we look forward to helping you to continue to expand and enhance recreational boating for residents and visitors in Florida. Sincerely, Jim Coletta Chairman r i c o Agenda Item No. 16D8 April 24, 2007 Page 5 of 10 RESOLUTION NO. 2007- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AFFIRMING A PREVIOUSLY SUBMITTED APPLICATION TO ACQUIRE A FLORIDA BOATING IMPROVEMENT PROGRAM GRANT FROM THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, AND IF THIS GRANT IS AWARDED TO COLLIER COUNTY, TO AUTHORIZE THE COUNTY MANAGER TO ASSIGN A PROJECT MANAGER TO ADMINISTER THE GRANT SUBJECT TO ALL UNDERSTANDINGS, ASSURANCES AND PROVISIONS CONTAINED THEREIN. WHEREAS, the State of Florida Fish and Wildlife Conservation Commission encourages counties to improve recreational boating in their areas through the Ronda Boating Improvement Program (FBIP); and WHEREAS, Collier County desires to remove derelict vessels located throughout the County by means of this Grant if it is awarded to the County; and WHEREAS, Staff is requesting that the Board of County Commissioners affirm submittal of the subject grant application, previously submitted on behalf of Collier County, and if this Grant is awarded to the County, to authorize the County Manager to designate a staff Project Manager to administer this grant, subject to all understandings, assurances and provisions contained therein. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners of Collier County, Florida, hereby affirms staffs prior submittal of the grant application, attached hereto, and to authorize the assigned Project Manager to administer this grant, subject to all understandings, assurances and provisions therein contained. This Resolution adopted this day of 2007, after motion, second and majority vote in favor of adoption. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA an By Deputy Clerk JAMES COLETTA, Chairman Approved as to form and legal sufficiency: By: 6 Wt Rk� Tom Palmer, Assistant County Attorney Agenda Item No. 16D8 April FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSIO4 FLORIDA BOATING IMPROVEMENT PROGRAM 0 GRANT APPLICATION FOR DERELICT VESSEL REMOVAL Fiscal Year 2007 -2008 FOR OFFICE USE ONLY Grant Application Nam I Date Received: Fill in all sections that aanly— Leave all other sections blank I — APPLICANT INFORMATION a. Organization Name: e. Project Manager Name: Collier County Pamela M. Keyes Project Manager Title: b. Federal Employer Id. No.: 59- 6000558 Environmental Specialist c. Applicant Name: f Mailing Address: Collier County Board of County Commissioners 3300 Santa Barbara Blvd. Applicant Title: City: Zip Code: Program grant for $20,000 with a $31,000 match from U.S. Fish and Wildlife Service. The funds are intended to remove up to Naples 34116 d. Applicant Address: g. Telephone: Fax: Suncom: 3300 Santa Barbara Blvd 239 -213 -2980 239 - 353 -4061 City: Zip Code: Email: Naples 34116 PamelaKeyes @colliergov.net h. District Numbers: State House: 112 State Senate: 37 County Commission: Collier II —PROJECT SUMMARY a. Project Title: Collier County Derelict Vessel Removal Phase 11 b. Type of Application: I ❑ New (never considered before) ❑ Reconsideration ® Phased Continuation —Phase No.: 2 c. Project Cost: I Total Cost: $ 120.000 Amount Requested: $ 80.000 d. Project Summary: Collier County has removed derelict vessels from its waters since 1998 in order to preserve and enhance its waterways and estuaries. Currently there are forty-eight known derelict vessels scattered within the County. The County is working with Florida Fish and Wildlife law enforcement to officially document these vessels so they may be legally removed from its waters. To date the County has received a total of $51,000 for phase 1 of its derelict removal program. Funds include a Florida Boating Improvement Program grant for $20,000 with a $31,000 match from U.S. Fish and Wildlife Service. The funds are intended to remove up to twenty vessels. The vessels will be removed as soon as the required FWC derelict vessel forms have been completed and submitted. The County is requesting an additional $80,000 to fund phase 11 of the project, which will remove the remaining twenty eight known derelict vessels within the County in addition to any vessels not removed under phase I of the project. A U.S. Fish and Wildlife Service grant has been awarded in the amount of $30,000. This $30,000 grant will be used as match for the requested $80,000. A local contractor has been selected to remove the vessels, and once the vessels are removed from the water, they will be disposed of in the county landfill. FWC/FBIP -C (02/07) 1 III — PROJECT NEED a. List Primary Need for Project: ® Safety ® Environmental Needs of the Area ❑ Other: Agenda Item No. 16DS April 24. 2007 Page 7 of 10 ❑ High Demand by Users ® Recommended by FWC Staff ® Lack of In -house Capability b. Need Statement: Derelict vessels are potential navigation hazards and sources of contamination to the natural environment. Currently derelict vessels are scattered throughout Collier County, with a higher concentration from Goodland Bay south to Chokoloskee. These locations contain sensitive habitat types including mangrove forests and sea grass beds, which are essential to the County's multi - million dollar fishing and boating industries. The vessels are in various states of deterioration, and several have begun to break apart into smaller pieces. The county has and will continue to remove derelict vessels from its waters as long as there is funding to do so. The derelict vessel removal program is supported by the County Conservation and Coastal Management Element of the Collier County Growth Management Plan. The County is also collaborating with U.S. Fish and Wildlife Service, Florida Fish and Wildlife Conservations Commission, City of Naples, City of Marco Island, Florida Sea Grant and Everglades National Park to ensure the removal program is followed through and completed in a timely manner. IV - PERMITS Submitted Approved N/A a. Florida Department of Environmental Protection ❑ ❑ b. Florida Fish and Wildlife Conservation Commission ❑ ❑ c. U.S. Army Corps of Engineers ❑ ❑ d. Local and Others (If needed) ❑ ❑ FWC/FBIP -C (02/07)Z Agenda Item No. 16D8 April 24. 2007 Page 8 of 10 V — BUDGET a. Has a detailed cost estimate been developed for this project? If yes, attach a copy to application. ® Yes, Preliminary ❑ Yes, Final ❑ No b. PROJECT COST: NON -CASH FUNDS Cost Item Applicant Other (List below in Section VI) Do Not Use This Column TOTAL Administration $ 10,000 $ $ In -Kind Management $ $ ® Approved $ In -Kind Labor $ $ ❑ State/Local $ In -Kind Materials $ $ $ In -Kind Equipment $ $ ® Approved $ Total Non -Cash Funds $ 10,000 $ ❑ State/Local $ 10,000 c. PROJECT COST: CASH FUNDS Cost Item Other Applicant (List below in Section VI) FBIP Grant TOTAL Planning/ Engineering $ $ $ $ Implementing $ $ 30,000 $ 80,000 S Other: US Fish and Wildlife Grant $ $ $ $ Total Cash Funds $ $ $ $ d. TOTAL FUNDS (Non -Cash + Cash Funds) $ $ 30,000 1 $ 80,000 1 $ 1 10,000 VI — OTHER SOURCE OF FUNDS (STATUS) a. ® Federal ❑ State /Local ❑ Loan Agency: United States Fish and Wildlife Service b. Grant Name: United States Fish and wildlife Service Derelict Vessel Grant Amount $ 30.000.00 c. Approval Status: ® Approved ❑ Pending ❑ Intend to Apply, Date: a. ❑ Federal ❑ State/Local ❑ Loan Agency: b. Grant Name: Amount $ c. Approval Status: ® Approved ❑ Pending ❑ Intend to Apply, Date: a. ❑ Federal ❑ State/Local ❑ Loan Agency: b. Grant Name: Amount $ c. Approval Status: ❑ Approved ❑ Pending ❑ Intend to Apply, Date: FWC/FBIP -C (02/07) 3 Agenda Item No. 16D8 April 24, 2007 Page 9 of 10 I VII — ENVIRONMENTAL ASSESSMENT I YES I NO I La. Will the project significantly or adversely affect the environment? ® ❑ b. If Yes, please explain key issues and describe any mitigation actions proposed. Most of the derelict vessels within the County are in protected areas such as Ten Thousand Island National Wildlife Refuge, Rookery Bay National Estuarine Research Reserve and Everglades National Park. These disintegrating vessels are sources of contamination to sea grass beds and mangrove forest. These ecosystems are essential habitat to support the local marine environment. Removal of these vessels will positively impact these sensitive ecosystem by removing a pollultion source. VIII — BOATER SAFETY a. Explain how the project may affect boater safety whether positively or negatively. Derelict vessels are potential navigational hazards to the boating community. Currently when derelict vessels are found in the middle of a channel removal is required as long as the funding is there. However, if funding is not available the vessels will be temporarily removed out of the channel. Storms, tides and other natural events can move the vessels back into the channel which could allow them to become major navigational hazards. Removal of these vessels will greatly improve navigation for boaters. FWCIFBIP -C (02/07) Agenda Item No. 16D8 April 24, 2007 Pao° 10 of 10 IX — APPLICATION ATTACHMENTS CHECKLIST Seven (7) photocopies of the application and an electronic copy on CD or floppy disk. Inc. --- Required Attachments - - - ® a. Cover Letter: application transmittal cover letter (Identify priority rank with multiple applications). ® b. Application: One (1) application with original signature from authorized individual. ® c. Derelict Vessel List: a complete list of all derelict vessels designated for removal as outlined in the instructions. ® d. Resolution: An adopted resolution, by the Governing Body, authorizing that the Project Manager has the authority to apply for and administer the grant on behalf of the applicant. If the Applicant is applying on behalf of another public entity, then a Memorandum of Understanding between the Applicant and the public entity must also be submitted. ❑ e. Derelict Vessel Report Forms: a copy of a Fish and Wildlife Conservation Commission Derelict or Abandoned Vessel Report or a copy of Appendix A completed by a sworn law enforcement officer for each derelict vessel to be removed. ❑ f. Existing Condition Photographs: photograph of each derelict vessel showing the DV number marked on the vessel. - - - Optional Attachments --- g. Detailed Cost Estimate: Cost estimate in the form of a formal bid, written quote from proposed vendor or an engineer's cost estimate. ❑ h. Permits: Photocopies of necessary project permit(s) or permit application(s). If exempt, provide notification of exemption from permitting agency. APPLICANT SIGNATURE Application is hereby made for the activities described herein. I certify that I am familiar with the information contained in the application, and, to the best of my knowledge and belief, this information is true, complete, and accurate. I further certify that I possess the authority including the necessary requisite property interests to undertake the proposed activities. I also certify that the Applicant's governing body is aware of and has authorized the Project Manager as the official representative of the Applicant to act in connection with this application and subsequent project as well as to provide additional information as may be required. By signature below, the Applicant agrees to comply with all applicable federal, state, and local laws in conjunction with this proposal and resulting project so approved. James Coletta Print/Type Name Applicant Signature STATE OF FLORIDA, COUNTY OF ( Personally appeared before me this day of subscribed and swore to the above instrument in my presence. Notary Public Name: Chairman Title April 24,2007. Date ,200— My commission expires: who NOTE: Instruction and further information regarding this application and the Florida Boating Improvement Program can be found in the Florida Boating Improvement Program Procedure Guide or you may contact the Program Administrator at Florida Fish and Wildlife Conservation Commission, Florida Boating Improvement Program, 620 South Meridian Street, Tallahassee, FL 32399 -1600. Phone: (850) 488 -5600 or Email: fbipgmyfwc.com. A?'!id'! �D!ag to t1rax�fm &V!"ngai steti�� Ir FWCIFBIP -C (02/07) q Agenda Item No. 16E1 April 24, 2007 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to ratify additions to, deletions from, and modifications to the 2007 Fiscal Year Pay and Classification Plan made from December 16, 2006 through March 30, 2007. OBJECTIVE: To obtain approval from the Board of County Commissioners to ratify additions to, deletions from, and modifications to the 2007 Fiscal Year Pay and Classification Plan. CONSIDERATION: Attached, as Exhibit 1, are additions to, deletions from, and modifications to the County's 2007 Fiscal Year Pay and Classification Plan that were made between December 16, 2006 and March 30, 2007. The additions result from the need for increased management depth and additional compliance. The deletions result from the outsourcing of the Security function and from the removal of a senior management position which has been long vacant. The modifications result from the re- evaluation of two existing classifications. FISCAL IMPACT: The results of this action will have a fiscal impact to the County for minimal salary adjustments which are absorbed by individual departments. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners ratifies additions to, deletions from, and modifications to the 2007 Fiscal Year Pay and Classification Plan. PREPARED BY: Donald Albonesi, Manager — Compensation, Department of Human Resources Agenda Item No. 16E1 ADN 24. 2007 Pane 2 Df 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16E1 Item Summary: Rocommendeaon td ratify adddid0a m. deletions from and modifications to the 2007 Fiscal Year Pay and Classficaten Plan made from Cecamner16 2006 through March 30 2007 Meeting Date: 4/242007 9'.00'.00 AM Prepared By Donald Albonesi Compensation Manager Data Administrative Services Human Resources 415120079'.44'.45 AM Approved By noted Albonesi Compensation Manager Date Ameidonnitve Services Human Resources 415120079:44 AM Approved By Jean Merrill Numan Resources Deector Date Atlministrative S—oms Human Resources 415120095:04 PM Approved By Lan Golden Price Administrative 5arvmes Administrator Date Administrativo Services Admmm[rativo Services Atlmin. 411140041027 AM Approved By OMB COOrdlna[or Administrative AsSens f Date Oormty moment a One, Office of Moomerrent L Detect 411212007 737 AM Approved By Laura Day.sor. Management & bum,al Anelvsl Dato - county k"remePS Office OHica of Management& Fail 41! 212007 10 50 AM '—' Approved By Mmhael 5inyeow5ki Management & Forest Director Date County ManeoeYS Off, office of Managemant & Budget 4112!2007 5:15 PM Approved By James V_Deed County Nmnegar Date Hoard of County County Mare",, Care, 411212007539 FM eommissionera —Im W O (O O O M O� N zN _ m E as m C N m R � m o i � N U C N O E L O1 h k W m c o N .�201 yl NI R R M co V N co O) N m 0 M N N N N m co N N U 0 U m m N 0 U c m (n l0 N O 0 T O. T O U m C N O 0 C N N N O N N m O m N W T O N U N m C m E m >m (D m O U ¢ J 2 w > U O) J 0 @ O C m w N J O n O N W @ N N m m T T T N 'C 0 0) m O) 0) = C = m m m m m f0 E o m m m m N M 0 Z W O U U m (o c N m N O m m 0 0 C N O O @ C C O J a 01> > J > > U N O 'O C N N f0/1 � > °) a E 'N '@ o C > O o o > U) r2 O N m N m E 00 a a E O O 0 N m N m N m 0 "w 0 E m C @ L L L „ C N -m0 j U5 O T T T O L E N N 0] U E U U U O) r ' E U o 3 U o N O O O C m n n n m E 0 O ¢ m Z O m m m m T m E m -O m O a -o m -o -o m m m m ME5 m O m O O O 'O 'D 0 T m m N N O U U D 2 E O ¢ ¢� ¢ 0 0 0 0 0 :2 E E O N W (O (O co m (O m M co 7 (O Cl) M 7 N to O W of E M N O N N K N L6 6 7 O (D C � � fA EA fA fA fA EA fA EH EA H) R E co M M M 0o (O LO R 0 m (O O O O N N r O co 7 co M O (O O) d E O v a o v v Ln m C m L NI R R M co V N co O) N m 0 M N N N N m co N N U 0 U m m N 0 U c m (n l0 N O 0 T O. T O U m C N O 0 C N N N O N N m O m N W T O N U N m C m E m >m (D m O U ¢ J 2 w > U O) J 0 @ O C m w N J O n O N W @ N N m m T T T N 'C 0 0) m O) 0) = C = m m m m m f0 E o m m m m N M 0 Z W O U U m (o c N m N O m m 0 0 Agenda Item No. 16E2 April 24, 2007 Page 1 of 15 EXECUTIVE SUMMARY Report to the Board of County Commissioners concerning the sale and transfer of items associated with the County surplus auction held on March 24, 2007, resulting in gross revenues of $518,875.25. OBJECTIVE: To present the results of the recent Collier County surplus property auction to the Board of County Commissioners, and approve the expenses and disbursement of funds. CONSIDERATIONS: On February 27, 2007, the Board of County Commissioners authorized staff to conduct an auction, and accommodate requests for donations, for the purpose of disposing County -owned property and generating revenue for the County. The March 24, 2007 auction generated $518,875.25 in gross revenue. The auctioneer's commission of $103,775.05 was deducted from the gross revenue. The County's net revenue was $415,100.20. Surplus expenses (April 2006 through March 2007) totaled $11,186.30 for rent, supplies and advertisement and was deducted from auction revenue. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. FISCAL IMPACT: The auctioneer commission and miscellaneous auction expenses were paid from the auction gross revenue; net sales revenues are returned to the general fund or enterprise fund that paid for the acquisition of the asset. Pursuant to the adoption of the 2003 -2004 annual budget, the Board of County Commissioners directed staff to credit the largest amount of revenue possible from each future surplus sale to the General Fund. Accordingly, staff is recommending that revenue attributable to distinct legal entities such as the County Water -Sewer District, the dependent fire districts and the Airport Authority be credited to the appropriate fund accounts for those entities with all other revenues credited to the General Fund. In keeping with that directive, staff has allocated the net revenue from the sale as follows: Department Fund Auction Revenue Surplus Expense Net Revenue Transfer General Fund 001 $330,398.72 ($8,903.72) $321,495.00 Public Utilities 408 82,501.48 (2,223.29) 80,278.19 Airport Authority 495 2,200.00 (59.29) 2,140.71 Total $415,100.20 ($11,186.30) $403,913.90 The auction included vehicles, furniture and miscellaneous office equipment included as a part of Attachment A. There were no requests for donations to legitimate Florida Non Profit 501 (C) (3) organization during this period. RECOMMENDATION: That the Board of County Commissioners approves the disbursement to general and enterprise funds as recommended herein and affirm the previously adopted policy regarding allocating the largest amount off revenues to the General Fund possible. PREPARED BY: Joanne Markiewicz, Operations Manager, Purchasing Department Agenda Item ND. 16E2 April 24, 2607 Page 2 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 15E2 Item Summary: Report to me Board of County CommisslOnars concemmg me sale and tanster of uems o,f,d atsC ,ah me COtmty surplus auction rata on MarcL 24. 2o07, resulting in gross revenues of 4518 87525. Meeting Date: 4/2120079 00'. 00 AM Prepared By Joanne Marklevudz OPeraOOns Manager Date Administrative Services Purchasing 415120071:25: 15 PM Approved By Steve Carvell Purchasn9lGenerel Svcs Director Date Administrative Services Purchasing 4112120079: 51 AM Approved By Len Golden Price Administrative Services Admfnlstiator Date Administrative Services Administrative Services AJmin. 411212007 11 24 AM Approved By OMB Coordinator Arm. nistrative Assistant Date C...1, Water, a Office Office of Management &Sun,., 4112120072' 43 PM Approved By _aura Damson Management & B ... el Analyst Date ., only Menege�rs Office Offce of Management&Bu<IOai 4113;2007 11.00 AM Approved By Rantly Grard.ald ManapementlBOdget AdIl'e1 Date . unp'Nmnayor e On", Offic. of Management d Budget 41151200711: 47 AM ^ Approved By Mmhael Smykowski M ... Indent & b .... I Dio,ewr Date Oounty Manager's OfLCe Office of Managemant & Body'! 411912007 2'45 PM Approved By James V. Mudtl County Manager Date Board of County County Manageis Office 4!141200710:22 AM C.mmis5ioners ADenaa Item No 16E2 April 24. 2007 Page 3 of 15 3/25/07 FINAL AUCTION RECONCILIATION AND SPLIT AMONG FUNDS Summary 1. Joanne Markiewicz reconciled electronic spreadsheet FINALAUCTIONLIST032407 with Randy Jones and Joy Dokey handwritten calculations. 2. Joanne Markiewicz then reconciled FINALAUCTIONLIST032407 TO Atkinson's sales records. 3. Joanne Markiewicz created FINALAUCTIONLIST032507 as a result showing items sold, auction commission and county commission. Items highlighted are what was shown on Atkinson's sheet. 4. As a final review; Linda Valentine reviewed this reconciliation against the Atkinson's/Auctioneer's list. 5. While some items are not highlighted in green, all county items were accounted for prior to the aucion and all items were sold as evidenced by Randy Jones, Joy Dokey and Joanne Markiewicz. o iers Sales and Commission 415,100.20 Sold Auction Comm County Rev 200-299 $ 199.20 $ 39.84 $ 159.36 300 -399 $ 234.50 $ 46.90 $ 187.60 400499 $ 49.80 $ 9.96 $ 39.84 500 -599 $ 8715 $ 17.43 $ 69.72 600 -699 $ 24.90 $ 4.98 $ 19.92 700 -799 $ 274.45 $ 54.89 $ 219.56 800 -899 $ 35615 $ 71.35 $ 285.40 900 -999 $ 251.50 $ 50,30 $ 201.20 Vehicles $ 517,397.00 $ 103,479.40 $ 413,917.60 TOTAL $ 518,875.25 $ 103,775.05 $ 415,100.20 Atkinson's# $ 518.875.25 $ 103.775.05 $ 415,100.20 o iers Sales and Commission 415,100.20 FINALA UCTIOLISTTO032507_Spl it Portion of Auction % of Surplus Net Revenue Fund Revenue Revenue Expense for Transfer 001 $ 330398.72 0.795949 $ 8,903.73 $321,494.99 408 $ 82,501.48 0.198751 $ 2,223.29 $ 80.278.19 495 $ 2,200.00 0.0053 $ 59.29 $ 2,140.71 $ 415,100.20 1.00 $ 11,186.30 $403.913.90 FINALA UCTIOLISTTO032507_Spl it � e J §\ / }Z } R2gR2aaQ ;§ 2§ } \z.� - - /QRQRGGg; . / / §u /\ E m zz zzd d / ^ ( ,aaaa g a %! \ RE \\ \) \ \( \ !� Is's !!! §0!08!0!§ IT LU O 0 �N O O C" L7 � Q C C N m Q ��n I wwnnnwwwnwnnnn w n nnn a'« wwwwnwwwwwwnwnww w a88 °o o^ Ja RmR44RRRm o� u 0 z 0 a 0 a € w `ap rc m 2 LLZYm2vm v JJJJJZ z - O � �✓• � III E¢ "!�� W E E E N O u�g0>>U�VZU O� z I 0 6 K Z � Z m222222222 O TRmS� �"fSn� °m�AmBz °z °z °z °z °z °z °z° ewzM oa iz i 8° III -- `- `°ammaan�Nmmmmm� n W It 0 V m m V m IT O .. 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Karen and Lisa M. Karen for 0.678 acres under the Conservation Collier Land Acquisition Program at a cost not to exceed $898,000. OBJECTIVE: To obtain approval from the Board of County Commissioners for execution of the attached Agreement for Sale and Purchase (Agreement) between the Board of County Commissioners (Board) and Harvey N. Karen and Lisa M. Karen (Sellers). CONSIDERATIONS: On January 23, 2007, Agenda Item 10A, the Board approved a Collier Conservation Land Acquisition Advisory Committee (CCLAAC) recommended Active Acquisition List, with changes, and directed staff to actively pursue acquisition of the properties under the Conservation Collier Program. The Sellers' property contains a total of 0.678 acres and is located on Marco Island. This parcel is adjacent to the existing Conservation Collier Otter Mound Preserve. In accordance with the approved Conservation Collier Purchasing Policy, the purchase price of $886,500 was based upon the average of two independent, state - certified general real estate appraisers, one giving value at $884,000 and the other at $889,000. The attached Agreement provides that should the County elect not to close this transaction for any reason, except for default by the Sellers, the County will pay the Sellers $4,432.50 in liquidated damages. The CCLAAC approved this transaction on April 9, 2007, and voted to recommend Board approval and execution of the attached Agreement. Pursuant to Ordinance 2003 -63, Section 13(8), a Project Design Report for the property is provided herewith. The Agreement has been reviewed and approved by the County Attorney's Office. FISCAL IMPACT: The total cost of acquisition will not exceed $898,000 ($886,500 for the property, $6,500 for the appraisals, and approximately $5,000 for the title commitment, title policy, and recording of documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of April 9, 2007, property costs for Conservation Collier properties, including this property and those under contract, total $44,424,533. GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. Agenda Item No. 16E3 April 24, 2007 Page 2 of 14 EXECUTIVE SUMMARY Conservation Collier — Agreement for Sale and Purchase — Karen Page 2 LEGAL CONSIDERATIONS: The Conservation Collier Ordinance (2002 -63) provides a legal framework for property acquisition for the Conservation Collier Program. The process for acquiring this property falls within the legal framework of Ordinance 2002 -63. RECOMMENDATIONS: Staff is recommending that the Board of County Commissioners: 1. Approves the attached Agreement and accepts the Warranty Deed once it has been received and approved by the County Attorney's Office; and 2. Authorizes the Chairman to execute the Agreement and any and all other County Attorney's Office approved documents related to this transaction; and 3. Authorizes the County Manager or his designee to prepare related vouchers and Warrants for payment; and 4. Directs the County Manager or his designee to proceed to acquire this parcel, to follow all appropriate closing procedures, to record the deed and any and all necessary documents to obtain clear title to this parcel, and to take all reasonable steps necessary to ensure performance under the Agreement; and 5. Approves any necessary budget amendments. PREPARED BY: Cindy Erb, Senior Property Acquisition Specialist, Department of Facilities Management, Real Estate Services Agenda Item No. 16113 April 24, 2007 Page 3 of 14 Conservation Collier Land Acquisition Program Project Design Report Date: March 27, 2007 Conservation Collier Karen Location Map Selected for the tatty of Marco Island Purchase offer Offer Accepted application Active Acquisition purchase by k List by CCLAAC BCC Sept 14, 2006 December 11, 2006 ♦. 41 °k. °�° 1 March 15, 2007 March 19, 2007 R 4 a '3` s, • Ap`e o' i w } ,yl '', Karen Parcel .68 acres Legend - Karen — Collier Count' Paads Cmer Inountl Preserve u +sso oxm r.. Folio Number 25830400004 Property Owner(s): Harvey and Lisa Karen Folio(s): 25830400004 Location: City of Marco Island, Caxambas Block 9. Parcel G Size: .68 acres Appraisal /Offer Amount: $886,500 History of Project: Received Selected for the Approved for Purchase offer Offer Accepted application Active Acquisition purchase by made to owners List by CCLAAC BCC Sept 14, 2006 December 11, 2006 January 23, 2007 1 March 15, 2007 March 19, 2007 Purpose of Project: Conservation Collier Agenda Item No. 16E3 April 24, 2007 Page 4 of 14 Program Oualifications: This site met 4 out of 6 initial screening criteria, including presence of native habitat, having human resource values, biodiversity and connectivity, as it is directly connected to an existing Conservation Collier Preserve — the Otter Mound Preserve. The two criteria not met were water resource values and it being within another agency boundary. The parcel contains a habitat listed by the Conservation Collier ordinance as unique and endangered and of highest preference for acquisition — tropical hardwood hammock. An archeological survey and assessment done by the Archeological and Historical Conservancy in 2002 on the adjacent Otter Mound Preserve property identified an undisturbed shell midden and has determined that "highly important undisturbed archeological strata and features occur on this parcel." The Karen parcel contains the same features as the Otter Mound site, and is part of a larger known archeological site of 70+ acres listed by the Florida Division of Historical Resources, known as the Caxambas Point Shell Midden, having a Florida Master Site File number of 8CR107. There is strong community support for acquisition of this parcel, including the City of Marco Island (approved a Conservation Collier purchase 9/5/06 — Resolution 06 -30). The Karen parcel will be consolidated into the Otter Mound Preserve and an existing Interlocal Agreement for management of the Otter Mound Preserve will apply. Marco Island Historical Society has agreed to provide limited management assistance for Otter Mound Preserve and a local ecotourism business owner has also indicated support. This parcel was platted for residential development and as such was highly vulnerable to development. See the Initial Criteria Screening Report for full criteria evaluation. Projected Management Activities: The Karen property will be joined with the existing Otter Mound Preserve. Activities anticipated include removal of prohibited exotic plant species and development and maintenance of a low impact trail that will join with the trail already established on the adjacent Otter Mound Preserve. An Interim Management Plan has already been developed and approved by the Board of County Commissioners for the Otter Mound Preserve. A Final Management Plan for the Otter Mound Preserve is due by the end of June 2007. The Karen parcel will be included in that plan. The site will be appropriately used for recreational and educational opportunities associated with its environmental, archeological and historic attributes. Aq_enaa Item N. 16E3 1pril 24 2007 Page 5 of 75 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16c8 IRecommendate n t0 approve en Agreement for Sale one F'urcnase will Harvey N Karen and Item summary: Lisa M Karen for 0 678 acres uneer the Conservation Cooler Land Acquisition Program. n, a „ast .!in esceed W F nn0 Meeting Date: 4124/2007 9.00 00 AM Prepared By Cindy M. Erb Semor property Acquisition Specialist Date Adereal rallve Services Facilities Management 4191200711:53:55 AM Approved By Toni A. Mott Real Property Supervisor Data Atlministrative Services Facilities Management 419120072:27 PM Approved By Alexandra J, Saloom Senior Environmental Specialist Date Administrative Services Facilities Management 41912007 2:58 PM Approved By Skip Camp, C F.M. Facilities Management Director Data Ameman heiva Services Poclfines Management 4111120079: 41 AM Approved By Jenmler A. Belted.. Assistant County Attomny, Data Cgwfy Attunic, County Attpmey Ofbca 41P2,20079'. 31 AM Approved By Len Golden Pro Admmetatwe Servrcd,Admmrstrator Dme ....m uraliye Services Administratrve 5nrvreos Aimem 411 2120 07 11'37 A N. '.. Approved By 01,6 Coordinator Admmxlrative Assistant Date comil Managers Office Offic, of Management 8 Beduet 41/24007 2'.46 PM Approved By Lam. Davison Management 5 mmi Analyst Date Co."" Managers OfOCa Office of Management 8 Budget 41131200712 31 PM Approved By Mmlmel 3mykowekl Management B Bud"t Director Date County Managers Office Office of Management 8 Budget 411312007 2:11 Piss Approved By James V. Mudd coup,, Manager Date Board of County County Manager's Office 411612007 8:20 AM Agenda Item No. 16E3 CONSERVATION COLLIER April 24, 2007 Tax Id. Numbers: 25830400004 Page O Of 14 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between HARVEY N. KAREN AND LISA M. KAREN, husband and wife, whose address is 269 Capistrano Court, Marco Island, Florida 34145 (hereinafter referred to as "Seller "), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser "). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "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 parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A ". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price ") for the Property shall be Eight Hundred Eighty Six Thousand, Five Hundred and No/100 Dollars, ($886,500.00) (U.S. Currency) 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 one hundred and twenty (120) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, Encumbrances, exceptions, or qualifications. 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. CONSERVATION COLLIER Tax Id. Numbers: 25830400004 Agenda Item No. 16E3 April 24, 2007 Page 7 of 14 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 fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA 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 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 CONSERVATION COLLIER Tax Id. Numbers: 25830400004 Agenda Item No. 16E3 April 24.. 2007 Page 8 of 14 of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within 10 (ten) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the, total acreage referenced in Exhibit 'A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property, or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have 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. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to 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 V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller oWaccount 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. CONSERVATION COLLIER Tax Id. Numbers: 25830400004 VI. INSPECTION Agenda Item No. 16E3 April 24, 2007 Page 9 of 14 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2006 taxes, and Shall be paid by Seller. IX, TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants andkr agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this: Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon one -half percent 1/2% 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 12.01, (Real Estate Brokers), hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 9.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and 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. CONSERVATION COLLIER Tax Id. Numbers: 25830400004 Agenda 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents 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. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been 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. 10.019 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. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. Item No 1JE3 April 24. 2 07 Page 10 of 14 CONSERVATION COLLIER Tax Id. Numbers: 25630400004 Agenda Item No. 1 E3 April 24, 2907 Page 11 of 14 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical Condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained M 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. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement ") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ( "CERCLA" or "Superfund "), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ( "SARA "), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and /or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Alexandra Sulecki, Coordinator Conservation Collier Land Acquisition Program Collier County Facilities Department 3301 Tamiami Trail East Naples, Florida 34112 With a copy to: Cindy M. Erb, Senior Property Acquisition Specialist' Collier County Real Estate Services Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239 - 774 -6991 Fax number: 239 - 774 -8876 If to Seller: Harvey N. & Lisa M. Karen 269 Capistrano Court Marco Island, FL 34145 Telephone number: 732- 619 -9696 Fax number: 239 - 39413748 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner CONSERVATION COLLIER Tax Id. Numbers: 25830500004 Agenda Item No. 1 E3 April 24.2 i0'r Page 12 0 14 provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Purchaser and Seller warrant and represent to the other that each party has not dealt with any broker. Each party shall pay any brokerage fees or commissions due and payable to any agent or broker retained by such party relative to the purchase and sale of the Property. These warranties and representations shall survive + Closing. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only, in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. CONSERVATION COLLIER Tax Id. Numbers: 25830400004 XIV. ENTIRE AGREEMENT Agenda Item No. 1TEZ3 April 24. 2007 Page 13 of 14 l 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk AS TO SELLER: DATED: WITNESSES: (Signature) (Printed Name) (Signature) i� (Printetl Name) (Signature) HAN 5 2 u (Printed Name) (SlgnaNrea (Printed Name) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES COLETTA, Chairman i BY: UvV LtLi- H ey N. Ka n BY: ILi a M. Karen Approved as to form and legal sufficiency: Jennifer A. Belp Assistant County Attorney Agenda Item No, 1 April 24, 2 Page 14 o EXHIBIT "A" PROPERTY TAX IDENTIFICATION NUMBER: 25830400004 LEGAL DESCRIPTION: A PARCEL OF LAND in section 21, TOWNSHIP 52 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA being described as follows: FROM A CONCRETE MONUMENT WITH A BRASS CAP MARKING THE QUARTER SECTION - CORNER ON NORTH LINE OF SAID SECTION 21, RUN SOUTH 1°- 52'49" EAST ALONG THE QUARTER - SECTION LINE OF SAID SECTION, BEING THE LINE DIVIDING GOVERNMENT LOT 2 FROM GOVERNMENT LOTS 2 AND 5 OF SAID SECTION 21 FOR 3,547.21 FEET TO A CONCRETE MONUMENT WITH A BRASS CAP SET NEAR THE SHORE OF CAXAMBAS PASS MARKING THE LOCATION OF THE FORMER "SUNKEN TERRA COTTA PIPE FILLED WITH CEMENT 60 FEET WEST OF THE J.M. BARFIELD PRESENT DOCK;" THENCE RUN NORTH 1 °- 52' -49" WEST ALONG SAID QUARTER- SECTION LINE FOR 470 FEET TO A CONCRETE MONUMENT WITH A BRASS CAP; THENCE SOUTH 88 °- 07' -11" WEST 159.00 FEET; THENCE NORTH 1°- 52'49" WEST 135.00 FEET FOR THE PLACE OF BEGINNING OF THE PARCEL HEREIN DESCRIBED: THENCE NORTH 1°- 52'49" WEST 160.00 FEET; THENCE NORTH 88 °- 07' -11" EAST 184.50 FEET; THENCE SOUTH 1 °- 52' -49" EAST 160.00 FEET; THENCE SOUTH 88 °- 07' -11" WEST 184.50 FEET TO THE PLACE OF BEGINNING, BEING PART OF SECTION 21, TOWNSHIP 52 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. 0.68 acres more or less. 07 14 Agenda Item No. 15E4 April 24. 2007 Page 1 of 48 EXECUTIVE SUMMARY Recommendation to approve the submittal of the attached Florida Communities Trust (FCT) grant proposal seeking post acquisition funding for a 2006 Conservation Collier purchase of the Collier Development Corporation parcel, which is a component of the Gordon River Greenway Preserve Project, requesting reimbursement for 50% of project costs, or $1,045,700. OBJECTIVE: To receive approval from the Board of County Commissioners (BCC) to submit a Florida Communities Trust (FCT) grant proposal seeking post acquisition grant funding for 50% of a 2006 Conservation Collier purchase of the Collier Development Corporation (CDC) property. This parcel is a future component of the Gordon River Greenway Project. CONSIDERATIONS: The CDC parcel is a 43.54 acre parcel located along the Gordon River within Collier County jurisdictional boundaries, adjacent on the south side with the Fleischmann/Caribbean Gardens Zoo properties (see attached Exhibit 1. Map). It was purchased by the Conservation Collier Program on April 7, 2006. Total acquisition costs were $2,091,400, reflecting a purchase price of $2,075,000 and associated acquisition costs (appraisals, environmental audit, upland/wetland survey, title commitments, title policy and recording of documents) of $16,400. This property was purchased understanding it would be a component in a decades -long effort by several community groups to establish what is commonly called the Gordon River Greenway Project. This is a collaborative effort between public and private entities to develop a 2 -mile ecological and boardwalk/trail corridor along the Gordon River centrally located within the Naples - Collier urban area. Public and private partner entities include the Southwest Florida Preservation Land Trust, the City of Naples, the Conservancy of Southwest Florida, the Big Cypress Basin/South Florida Water Management District, the Naples Zoo and the State of Florida. The CDC parcel was the final parcel that had to come into public ownership in order to allow this effort to become a reality. At roughly the same time as the Conservation Collier CDC parcel purchase, in 2006, Collier County purchased a 68.12 acre parcel as part of the overall Fleischman- Caribbean Gardens Zoo purchase. An FCT grant application was submitted for this parcel under the title of the Gordon River Greenway Park (FCT Project No. 06- 043 -FF6). This became the second phase of an existing project called the Gordon River Water Quality Park, for which an FCT grant (FCT Project No. 05- 02717175) was also submitted. The entire project became a joint Stormwater Management Department and Collier County Public Services Division Project. Both of these FCT grant applications were selected for funding. Conservation Collier seeks to partner with the Stormwater Management Department and Collier County Public Services Division to incorporate the CDC parcel into the overall project design and management plan that is currently being drafted to comply with existing FCT grant awards for both the Gordon River Greenway Park and the Gordon River Water Quality Park. These three Collier County projects will encompass the northern portion of the future Gordon River Greenway, with other partner agencies developing the southern portion. I - Agenda Item No. 16E4 April 24, 2007 Page 2 of 48 The Conservation Collier Program seeks to submit this application with the intent of recovering a portion of the CDC parcel purchase cost to fund future land purchases. Collier County is eligible to receive up to $6.6 million in grant funding during the 2007 FCT funding cycle. Conservation Collier is requesting a grant award of 50% of costs already expended in purchase of the CDC parcel, equaling $1,045,700 and offering a 50% match of the same amount, reflecting the total purchase price of the CDC parcel. This amount was determined using a point scoring format provided by FCT utilizing project- specific information. The application deadline is May 9, 2007 at 5:00 p.m. A review and decision will occur in September 2007. If selected for funding, following submission of the management plan, funds could be expected in approximately April 2008. Any final award agreement will return to the BCC for approval. FISCAL IMPACT. Total acquisition costs of the CDC parcel were $2,091,400. The proposed FCT grant application seeks to recover 50% of these costs, or $1,045,700 through the grant award. Conservation Collier has already expended the funds for purchase through the Land Acquisition Trust Fund (Fund 172). If awarded, grant funds will be deposited back into the Land Acquisition Trust Fund (Fund 172) for future land acquisitions. The appropriate budget amendments for this activity will be presented at the time the BCC formally accepts the grant. GROWTH MANAGEMENT IMPACT: This proposal supports Goals 1 and 6 of the Conservation and Coastal Management Element of the County Growth Management Plan, which require the County to protect, conserve, manage and appropriately use natural resources including vegetative communities and wildlife habitat. Additionally, it supports Goal 1 of the Recreation and Open Space Element, requiring Collier County to provide parks, recreational facilities and open space areas to meet the need of residents and visitors. LEGAL CONSIDERATIONS: Approval of this grant application submittal conforms to the County's Grant Coordination procedures. RECOMMENDATION: To approve the submittal of a grant application to the Florida Department of Community Affairs, Florida Community Trust Program to fund a post acquisition grant to reimburse the Conservation Collier Program for 500/o of the cost expended to acquire the CDC parcel. Prepared by: Alexandra J. Solecki, Senior Environmental Specialist, Facilities Management Department Aaenda Item No. 16E4 April 24, 2007 Page 3 of 48 1 - Nlap w l.Ll, rdlGOl Conservation Collier Aerial Map Collier Development Corporation (CDC) parcel 0 Gordon River ' Water Quali 0 TE PKWY < N W7 KY LN v BEPRBPP,N SR` LN 0 Lot L a ' •"�a rdon iver enwa Park LONGBOAT DR GL PPER WAY 9UTRIGGER LN G O 14TH A N RIVER REACH DR O m 137H AVE I Q m W C P MBUPYD O Y � `"�� I 3 HORSESHOE CDC arcel' 0 s I I [11Ti1Cr Cmwty 0 455 910 1,820 Feet Legend - Collier Development Corp (CDC) Parcel e toes .CDES NsEP eatemo 583 Collier DevC mp Coll— Development Corp Collier County Roads Major R In C oilier Coon Data Source: Parcels - Collier County Property App miser Folio Number: 00268160009 Created By. 0151 CDES IEnvironmental Services WConservation Collier l ISCIrCycle21CollierDeve lCorpJustone .mxrl C:1Censervatiun Collier 2002\ ISCMCycie2lCoilierDevelC MJUStonejp5 Date: 2.21.07 AaenCa Item• No 16E4 April 2< 200? Page n of 48 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: �= t Item Summary: eeconrnenmupn E dppteve Ina sepmdtal of me anapnea Ponds Communities trust (FCT, grant proposal seekins oust acowadi0n fundoip for e 2006 Conservator Collier purchase of life ColLee Develppnitot �crccra icn parts.. which is a component of tneL,upa Fire, Greenway Preserve Prefect requesting reimbursement far 50Ya of prgect costs or 51 045]00 Meeting Date: 4.2412007 F 00 J) AM Prepared By Alexandra J. Solecki Senior Envtmnmantal Speadoost Date ACmined,cove Services Facilities Management 411012007248:35 PM Approved By Skip Camp, GEM. Facilities Management Director Date Atlministratrve Services Facieties Managament 4111120079 -42 AM Approved By Manene J. Food Grants Co.. moral, Date Administrative Services Amn ,co,cove Services Acidic 411112007420 PM Approved By Len Golden Pnce Atlminddiriove Services Addict atfato, Date Administrative Services Atlministratrve Serves Armco. 4112120071145 AM Approved By OMD Coortfinatnr Aammistrativc Assistant, Dam County Managers offs, O(OCeot Manogc"a" S Buggef 411 ",2007 2:47 Fie Approved At Laura Davisser M anaoemeni R Bodwt Analym Date Loudly Manager s Offor a„_cf Ntanavorn ^_n:S budget 4116:2007, a 46 AN Approved By Mich..1 Smykowski Management A BUdgot Director Data _curly Managers Office Otfine of Management B Buogel 4.'!1,'20074.25 PM. Approved By dames V. Mudd County Man.vger pate Bette of Cum, Commisiode -s County Manager's Office 411812 00 7 1.44 PM Agenda Item No. 16E4 April 24, 2007 Page 5 of 48 COLLIER COUN'T'Y FACILITIES MANAGEMENT 3301 rixti t btri:uni Trail • Suildiug W • Naples, Florida 34112 • (239) 774 -8380 • FAR (239) /93-5 /9� Conservation Collier Land Acquisition Program April 28, 2007 Ken Reecy, Community Program Manager Florida Cormnunities Trust 2555 Shumard Oak Boulevard Sadowski Building, Suite 310 Tallahassee, Florida 32399 -2100 Dear Mr. Reecy: On behalf of Collier County, i am pleased to submit the enclosed grant application (one original and three copies) to the Florida Communities Trust's Florida Forever Program for acquisition of the Gordon River Greenway Preserve. If the project site is selected for funding, Collier County will fulfill all commitments made in the grant application. The project site is a component of the Gordon River Greenway. The Gordon River Greemnay is identified within the Collier County Comprehensive Pathways Plan, which is incorporated by reference in the Collier County Growth Management Plan. I certify that condemnation or the threat of condemnation has not been used to acquire any portion of the project site. I hereby authorize Melissa Lynn Hennig to act as the Key Contact person for the project. I understand that all correspondence concerning the grant application will be directed to the above designee. Sincerely, Jim Coletta Chairman, Collier County Board of County Commissioners c: Marlene Foord. Collier County Grants Administrator Enclosures f, l'- ,1 t G L C, o ., ., c Form FCT -4 (Effective 02- 19-07) Page 1 Florida Communities Trust Florida Forever Program PROJECT NAME Gordon River Greenwav Preserve (Descriptive project name) Agenda Item No. 16E4 Application Form FCTio 124, 2007 r e6of48 2. APPLICANT NAME Collier County (Name of Local Government or Nonprofit Environmental Organization) If Nonprofit Environmental Organization, also provide the required information requested on Exhibits M and N. 3. PARTNERSHIP APPLICATION Is this a Partnership Application between two or more Local Governments or Nonprofit Environmental Organizations? YES NO If yes, provide the name(s) of the Local Government(s) or Nonprofit Environmental Organization(s). Also, provide an application transmittal letter from the partnering agency. 4. KEY CONTACT PERSON Note: The key contact is required to be an employee of the Local Government or designated representative of the Nonprofit Environmental Organization. Identify only one key contact person. Key Contact Name Melissa L Hering First Middle Initial Last Title Principal Environmental Specialist Department /Nonprofit Environmental Organization Collier County Facilities Management Department Mailing Address 3301 Tamiami Trail E. City Naples , FL Zip Code 34112 Phone Number 239- 213 -2957 Fax Number 239 - 793 -3795 E -mail Address melissahennig (a)colliergov.net Chief Administrator for the Local Government Name James V. Mudd, County Manager Phone Number 239 - 774 -8383 Note: If the Applicant's principal office address is a post office box, a delivery address is also required. Delivery Address City 5. PROJECT SITE LOCATION FL Zip Code County Collier Section 34 Township 49 N Range 25 E Note: Cite only one Section, Township and Range to indicate where all or most of the project acreage is located. Include all directional designations (Township either North or South — Range either East or West). 6. TOTAL PROJECT ACREAGE Form FCTA (Effective 02- 19 -07) Page 2 Agenda Item No. 16E4 Indicate the approximate acreage of the Project Site. 43.54 Acres April 24, 2007 Page 7 of 48 7. ACQUISITION TYPE The Applicant must fill out one or more of the following acquisition types, as appropriate. The, use7 of condemnation or..the_ threat of condemnation is ;not, considered a Voluntarily- Negotiated Transaction. Parcels acquired under these conditions Ao not qualify for Acgwsttion or Reimbursement under the °FCT.•P g. � f ro ram. X PRE- ACQUIRED The entire Project Site has been Pre - acquired by the Applicant through a Voluntarily- Negotiated Transaction within 24 months prior to the application deadline. PARTIAL PRE - ACQUIRED A portion of the Project Site has been Pre - acquired by the Applicant through a Voluntarily- Negotiated Transaction within 24 months prior to the application deadline. REIMBURSEMENT ACQUISITION The entire Project Site or the remaining un- acquired parcel(s) in the Project Site will be acquired by the Applicant through a Voluntarily- Negotiated Transaction and will be reimbursed by FCT after the Acquisition is completed. JOINT ACQUISITION The entire Project Site or remaining un- acquired parcel(s) will be a Joint Acquisition with both FCT and the Applicant participating in the Acquisition process. Number of separate ownerships to be acquired within the Project Site. Note: For a Project Site that consists of eleven or more ownerships, the Applicant will be required to act as the lead party responsible for the Acquisition activities. 8. ESTIMATED PROJECT COSTS Enter an amount on each line and round to the nearest hundred dollars. a. Land purchase price (estimated or actual) $2,075,00 b. Acquisition costs (estimated or actual) Cost of certified survey(s), appraisal(s), appraisal review(s), title report(s), $ 16.400 title insurance premium(s), environmental audit(s), and Applicant's acquisition agent(s) fees or commission. c. Total Project Costs [Add a. and b.] $ 2.091.400 Form FCT -4 (Effective 02- 18-07) Page 3 9. AWARD AMOUNT AND MATCH Dollar Amount Percentage of Award a. FCT grant award amount (1) $1,045,700 50.00%(2 decimal places) b. Match amount (z) $1.045.700 50.00% (2 decimal places) c. Total Project Costs [Add a. and b.] $2,091,400 100 % (Should equal 8.c above) 16E4 77"U7 8 of 48 (1) The total amount of any Award or combination of Awards applied for by any Local Government(s) or Nonprofit Environmental Organization(s) under any Application(s) or Partnership Application(s) for any project(s) shall not exceed ten percent of the total Florida Forever Funds advertised as available for award in the Notice of Application Period announcing the cycle. In no case shall any Applicant be awarded more than $10 million during any one cycle. (2) A 25% minimum Match is required except for Awards to counties with a population of 75,000 or fewer, municipalities with a population of 10,000 or fewer, and qualified Nonprofit Environmental Organizations. Florida Forever Funds cannot be used as Match. 10. SOURCE OF MATCH Check the appropriate response(s) below to indicate eligible source(s) of Match: Existing or future cash from the Applicant. X Value of real property owned by the Applicant in a qualified pre- acquisition. Note: Include lands within the Project Site that were Pre - acquired within 24 months prior to the application deadline that are to be used as part of the Match. Cash or grant from federal, state, regional, county, municipal, or other agency. Cash from a private Donation. Value of real property donated by the landowner in a documented bargain sale or Donation agreement. Note: If the source of the Match is from a third party, provide documentation indicating source and amount. 11. OTHER FUNDING SOURCES Have you applied for funding or received other grant funding for Acquisition for this project through another federal, state, regional, county, municipal, or other land acquisition program(s) or agency(s)? YES NO If yes, provide the name(s) of the agency(s) or land acquisition program(s) to which you have applied or received funding. If you have or will receive other grant funds for the Acquisition of the Project Site, please provide a table listing the: Acquisition cost for the Project Site; Funds the Applicant provided towards the acquisition costs, Funds from other sources used in the Acquisition; and The appraised value of the Project Site. 12. COMMUNITY PROFILE Provide the following information for the Local Government where the Project Site is located. Approximately 2,025 square miles. Population: 326.658 Note: Use the latest estimate of resident population from the most recent edition of Florida Estimates of Population, as published by the Population Division, Bureau of Economic and Business Research, University of Florida. If the Project Site is located in the unincorporated county — complete the following information (use approximate percentages): Existing land uses in the County are 3.88 percent residential, 63.57 percent recreation /open space, 0.15 percent industrial, 0.53 percent commercial, and 20.85 percent agricultural. Form FCT-4 (Effective 02- 18-07) Page 4 A.aenda Item No. 16,4 April 24, 2007 Page 5 of 46 If the Project Site is located in an incorporated municipality — complete the following information (use approximate percentages): The municipality is approximately percent built out. Existing land uses are percent residential land, _ percent recreation /open space, percent industrial, percent commercial, and percent vacant. 13.SUPPLEMENTAL INFORMATION Please provide the following supplemental information: a. The Florida House of Representatives district number that includes the Project Site: 76 b. The Florida Senate district number that includes the Project Site: 37 c. The Regional Planning Council that includes the Project Site: Southwest Florida Regional Planning Council d. The Water Management District that includes the Project Site: South Florida Water Management District Form FCT -4 (Effective 02- 19 -07) Page 5 OWNERSHIP AND ACQUISITION PLAN Aoenda Item No, 164 April 24. 2007 Page 10 of 48 List all property owners and parcel tax identification numbers for all parcels. If the project has been Pre - acquired, provide the closing date and a copy of the signed closing statement on Exhibit P. An Acquisition Plan is required for Project Sites with multiple parcels or owners to identify the priority parcel(s) and the general acquisition order of other parcels to ensure that, in the event that all parcels cannot be acquired, the purposes of the project can be achieved. List the specific order in which the parcels in the project will be acquired. Acquisition of the Project Site will begin with the priority 1 parcel(s). Parcels may be grouped by priority and more than one parcel may be categorized as priority 1, 2, 3, etc. The use of condemnation or the threat of condemnation is not considered a Voluntarily- Negotiated Transaction. Parcels acquired under these conditions do not qualify for Acquisition or Reimbursement under the Ill program. Requirement: Provide a willing owner letter for all parcels listed below (Exhibit O). Priority Owner's Name Parcel Tax ID Number Date of Closing Collier County BCC 00268160009 April 7. 2006 Owner's Mailing Address Phone 3301 Tamiami Trail E.. Naples FL 34112 239 - 213 -2957 Priority Owner's Name Parcel Tax ID Number Date of Closing Owner's Mailing Address Phone Priority Owner's Name Parcel Tax ID Number Date of Closing Owner's Mailing Address Phone Priority Owner's Name Parcel Tax ID Number Date of Closing Owner's Mailing Address Phone Use additional pages if needed Form FCT -4 (Effective 02- 19-07) Page 6 Agenda Item No. 16E4 L4, GUUI In the space below: Provide a discussion of the purposes of the project, existing and future uses, existing and proposed physical improvements, natural and historic resources, and resource protection and enhancement activities. Include the size of any existing or proposed buildings. Indicate if any easements, concessions, or leases exist or are proposed. The Gordon River Greenway Preserve is the third in a series of projects designed to create a large portion of the Gordon River Greenway - a 2 -mile ecological and trail corridor centrally located within the Naples - Collier urban area. The first, Gordon River Water Quality Park, was funded by FCT in the FF -5 cycle. The second, Gordon River Greenway Park, was funded by FCT in the FF -6 cycle. The purchase of the Gordon River Greenway Preserve was the final acquisition of public land necessary for the completion of the Gordon River Greenway project. The Greenway Preserve will serve as both an ecological and wildlife corridor and a public access area for passive recreation such as hiking, nature photography, and bird - watching. The property owners along the east side of the Gordon River, across from the northernmost project parcel, own a thirty foot easement that runs along the western shoreline of the northernmost parcel. No other easements exist or are proposed on the project site. No buildings, concessions, or leases exist or are proposed on the project site. The Gordon River Greenway Preserve is approximately 43.5 acres. Of these, 20 acres are mangrove swamp, with a canopy of red mangrove, black mangrove, white mangrove, buttonwood and scattered Australian pine. The mangrove swamp area is suitable habitat for numerous listed species, such as brown pelican, white ibis, osprey, bald eagle, little blue heron, and tricolor heron. Another 18.4 acres of the project site consists of pine flatwoods that contain slash pine, saw palmetto, and assorted exotic plant species. The final 5.1 acres of the project site are comprised of a remnant Wetland Hardwoods Mixed plant community containing royal palm, strangler fig, gumbo limbo, live oak and Australian pine. The northernmost parcel will be developed with a 1,633 foot long raised boardwalk that will contain a picnic pavilion. A 75 foot long pedestrian bridge will be built across the Gordon River where it runs through the middle of the parcel. The raised boardwalk will minimize impacts to native vegetation and species habitat on site. On the southernmost parcel, east of the Gordon River, a wildlife observation platform will break off from a 1,057 foot long asphalt trail. The platform will give visitors a clear view of the different wading birds and fish that utilize the mangrove system within the urban area and a clear view of the yellow- crowned night heron rookery island on the other side of the river (See Exhibit K). All invasive exotics within the project site will be removed, and development of the boardwalk and asphalt walking trail will be limited, as much as possible, to upland areas and areas where exotics have been cleared. The Greenway Preserve boardwalk will connect to the Greenway Park to the north. According to the overall Gordon River Greenway conceptual plan (Exhibit Q), the Greenway Preserve asphalt trail will eventually connect to the City of Naples section of the Greenway to the south, and a future bridge and trail will eventually connect the Greenway's boardwalk and asphalt trail. Three interpretive signs will be located along the boardwalk: one with information regarding the importance of the mangrove ecosystem, one with information regarding the importance of the estuary, and one identifying and discussing the life history of the yellow- crowned night heron. Parks and Recreation Park Ranger and Naturalist staff will present 24 natural history programs at the site annually. Content for programming will include: The Importance of Preserving Wetlands, Wetland Plants and their Medicinal Uses, Birding in the Wetlands, and Dr. Nehrling and Exotic Species. Form FCT-4 (Effective 02- 19 -07) Page 7 Agenda Item Na. 16E4 April 24, 2007 PROJECT EVALUATION CRITERIA Page 12 of 48 Answer the following questions, as applicable to the proposed project. Where requested, provide references to the Local Comprehensive Plan, support documentation or attached Exhibits. Note: Provide a response to each of the following criteria, either yes or no. If the answer to a criterion is checked no, move to the next question. If the answer to a criterion is checked yes, provide a response as appropriate and limit your response to no more than '/z page. Any criterion that is not addressed or is left blank will not be evaluated and no points will be awarded. (1) GENERAL CRITERIA SECTION (a) Pre - acquired project: Has the entire Project Site been Pre - acquired by the Applicant within 24 months prior to the application deadline? (10 points) YES _X_ NO If yes, provide a copy of the closing statement on Exhibit P. (b) Is the Project Site part of a Phased Project that was previously acquired with FCT funds? (5 points) YES _X_ NO _ If yes, identify the project number of the previously funded FCT project and describe the phased nature of the project. The Gordon River Water Quality Park (FCT project # 05- 027 -FF5) was funded in the FF -5 cycle and makes up the northernmost section of the Gordon River Greenway, across Golden Gate Parkway. The Gordon River Greenway Park (FCT project # 06- 043 -FF6) was funded in the FF -6 cycle and is south of the water quality park and Golden Gate Parkway (See Exhibit K). The 50 -acre Water Quality Park and the 80 -acre Greenway Park are intended to attenuate flooding and improve water quality in passive park settings. The Water Quality Park is currently in the design phase and is scheduled for construction in July 2008. The design phase of the Greenway Park is scheduled to begin in September 2008 with construction to begin in April 2010. The Greenway Park will be connected to the Water Quality Park via a non - vehicular crossing at Golden Gate Parkway as well as the sidewalk and crosswalk along Goodlette Road. The Greenway Preserve will be connected to the Greenway Park via a raised boardwalk. The preserve will supplement the passive setting and pathways of the Water Quality Park and the Greenway Park, providing additional nature -based educational and recreational activities. The three projects together form a large part of the Gordon River Greenway, which when complete will be a 2 -mile ecological and trail corridor centrally located within the Naples - Collier urban area (See Exhibit Q). The Gordon River Greenway is identified in the Collier County Comprehensive Pathways Plan, adopted by the Metropolitan Planning Organization on January 12, 2006 (See Exhibit U). Form FCT-4 (Effective 02- 19 -07) Page 8 Agenda Item No. 16E4 April 24, 2007 Page 13 of 48 — (c) The Applicant is committed to providing: Check yes to only one of the following, if applicable. (1) Local Government (medium to large): Counties with a population of more than 75,000, municipalities with a population of more than 10,000. a. A Match of 40 to 49% of the total Project Costs. (10 points) YES NO _X_ b. A Match of 50 to 59% of the total Project Costs. (20 points) YES X NO C. A Match of 60% or more of the total Project Costs. (25 points) YES NO _X_ (2) Small Local Government or Nonprofit Environmental Organization: Counties with a population of 75,000 or less, municipalities with a population of 10,000 or less. a. A Match of 10 to 19% of the total Project Costs. (10 points) YES NO b. A Match of 20 to 29% of the total Project Costs. (20 points) YES NO C. A Match of 30% or more of the total Project Costs. (25 points) YES NO (d) Is this the Applicant's first Application to FCT or has the Applicant submitted previous Application(s) none of which were funded or if funded, no parcels were ever acquired? (5 points) Note: In the case of a Partnership Application, refer to the Application Instruction Guide. YES NO _X_ (e) Will the project provide an alternative to the fee simple acquisition of land through the acquisition of conservation easement(s)? (5 points) YES NO _X_ If yes, locate the proposed area to be acquired in less than fee on Exhibit D, discuss the type and purpose of the conservation easement, and provide a letter from the owner expressing his willingness to sell a conservation easement over the parcel. (2) OUTDOOR RECREATION, NATURAL AND CULTURAL RESOURCES SECTION This section identifies whether Acquisition of the Project Site furthers the provision of Outdoor Recreation facilities and open space and the preservation of natural and cultural resources. All proposed recreation facilities are required to be designed with as minimal disturbance as possible to natural resources on the Project Site. (a) Outdoor Recreation and Open Space 1. Will the project provide Outdoor Recreation area or open space adjacent to existing publicly -owned upland area, such as an existing park, museum, school, library, or public affordable housing complex? (5 points) YES _X_ NO Form FCT -4 (Effective 02- 19-07) Page 9 Agenda liem No. '16 =4 If yes, identify adjacent existing publicly -owned upland area and locate the parcel on Exhibit K or other aPndpij'bt6`007 exhibit. Discuss how the adjacent parcel will be linked with the Project Site and how the proposed recreatpoiosrti(p6n48 space area will enhance the adjacent publicly -owned land. The project site is bordered on the north by the Gordon River Greenway Park and on the west by the Conservancy of Southwest Florida (a well - established nonprofit entity). Via a raised boardwalk, the project site will be connected to the Greenway Park which will in turn provide shared parking with the Naples Zoo and a pedestrian connection to the Conservancy (See Exhibit 1). The project site will provide additional passive recreation opportunities as a compliment to the Greenway Park. Visitors to the boardwalk will enjoy a longer walk with more exposure to the natural surroundings. 2. Will the project include new or enhanced land -based nature, bike, equestrian, or multi -use trail(s) that is at least Y< mile in length? (5 points) YES _X_ NO _ If yes, show the proposed trail on the conceptual site plan, Exhibit K. The proposed trail is approximately'/ mile long and is a combination of raised boardwalk (1,633 ft.), asphalt (1,057 ft.) and pedestrian bridge (75 ft.) 3. Will the project provide Outdoor Recreation facilities, such as a picnic pavilion, fishing pier, wildlife observation platform, playground, basketball court, volleyball court, etc.? Check yes to only one of the following, if applicable: a. The project includes two or three Outdoor Recreation facilities. (5 points) YES _X_ NO If yes, describe what facilities will be provided. Show the proposed facilities on the conceptual site plan, Exhibit K. The project site will be developed with one picnic pavilion and one wildlife observation platform. (See Exhibit K). b. The project includes four or more Outdoor Recreation facilities. (10 points) YES NO _X_ If yes, describe what facilities will be provided. Show the proposed facilities on the conceptual site plan, Exhibit K. 4. Will the project provide access facilities to an existing open water shoreline or beach, such as a fishing pier, observation platform, dock or dune walkover, and be managed for recreation uses? (5 points) YES _X_ NO If yes, describe what shoreline access facility will be provided and discuss how it will be managed for recreation use. Show the proposed facility on the conceptual site plan, Exhibit K. A wildlife observation platform will break off from the trail on the portion of the project that is south east of the Gordon River. The platform will give visitors a clear view of the different wading birds and fish that utilize the mangrove system within the urban area and a clear view of the yellow- crowned night heron rookery island on the other side of the river (See Exhibit K). 5. Will the project further Outdoor Recreation or open space in an Urban Area? a. Is the Project Site located within an existing Urban Service Area? (5 points) YES _X_ NO _ If yes, describe the existing Urban Service Area. Provide maps and aerial photographs that support the response. The project site is within the area of Collier County provided with an Urban Designation on the Collier County Future Land Use Map. Specific land designations surrounding and including the project site are Mixed Use Activity Center and Urban Residential. The urban designated area includes all of the coastal urban area on the west side of the county and extends 1 mile east beyond County Road 951. This area is provided with all necessary public services including central sewer and water, highly utilized roads, two schools, a park and a zoo (See Exhibit H). b. Is the Project Site located within an Urban Service Area and also within Y mile of a built -up commercial or industrial area? (5 points) YES _X_ NO If yes, describe the land use within % mile of the site. Provide maps and aerial photographs that support the response. Note: To qualify for this criterion, criterion 5.a should be answered yes Form FCT -4 (Effective 02 -1 9-07) Page 10 Agenda Item No. 16E4 April 24, 2007 The project site is within 1/2 mile of built up commercial and a mixture of high density land uses. To thegff e'd4t26 east of the project site, land uses include Residential Single Family (RSF -4), Planned Development (PD) and Planned Unit Development (PUD) and are built out. The Planned Unit Development includes both commercial and residential uses. To the west of the project site, uses also include Residential Single Family (RSF -4, R1 -7.5) and a variety of Commercial (C -1, C -2 and C -3) as well as Planned Development and Public Service uses. These areas are also built -up and include a zoo, offices, a post office, high school and a regional shopping mall that contains over 150 specialty retailers, 4 department stores and 14 eateries. To the north of the project site, land use designations are more intense Commercial (C -4), Residential Multi - Family (RMF -6). The commercial uses include a bank, convenience store, a car wash and other strip shopping. The portion of land zoned RMF -6 has recently been purchased by a developer and plans for it include mixed use development. To the south of the project site are more developed Residential Multi- Family (RMF -6) and Planned Development (PD) land uses. The Naples Airport is located to the southeast of the project site (See Exhibit R). (b) Connectivity 1. Is the Project Site accessible by an existing sidewalk or will be connected to an adjacent sidewalk? (5 points) YES _ _ NO _X_ If yes, show the location of the existing or proposed sidewalks on Exhibits K and I. Discuss how the sidewalk will connect the Project Site to the surrounding neighborhood. 2. Is the Project Site adjacent to, or does it include, a Recreational Trail that connects to an existing local, regional or statewide land -based Recreational Trail System or the Preferred Routing for the Florida National Scenic Trail? (5 points) YES _X_ NO If yes, identify the local, regional or statewide trail system and discuss how the project will enhance the system. Provide a map of the trail system and identify the location of the Project Site. Note: A Recreational Trail does not include canoe trails, sidewalks, or bike lanes on the road. The project site is a vital link in the establishment of the Gordon River Greenway. The Greenway will connect off -road pathways and preserved land from the Gordon River Water Quality Park, north of Golden Gate Parkway, to US 41 South in the heart of downtown Naples (See Exhibit Q). Partners in the Greenway project include Collier County, City of Naples, Naples Airport Authority, Southwest Florida Land Preservation Trust, Conservancy of Southwest Florida, South Florida Water Management District, and Conservation Collier. The portion of the Greenway on Airport Authority property is complete. Easements and funding have been secured for several other segments. (See Exhibit Q). 3. Will the project enhance or connect a local, regional or statewide Ecological Corridor? (5 points) YES _X_ NO _ If yes, identify the local, regional or statewide network of Ecological Corridors and discuss how the project will enhance the network. Provide a map of the Ecological Corridor and identify the location of the Project Site. The project site is a link in the Gordon River Greenway which itself is an ecological and wildlife corridor. The Greenway will provide a 2 -mile long and up to' /< -mile wide swath of preserved land right in the middle of the Naples metropolitan area. Protection of well over 100 acres of habitat will provide wildlife a sanctuary within an otherwise inhospitable urban setting (See Exhibit Q). 4. Will the project further a locally adopted Ecological Corridor or Recreational Trail System plan? (5 points) YES _X_ NO If yes, provide a copy or a portion of the locally Ecological Corridor or Recreational Trail System plan, including a map of the Ecological Corridor or Recreational Trail System, and identify the location of the Project Site. The Gordon River Greenway is identified as a Tier 1 Off -Road Facility within the Collier County Comprehensive Pathways Plan. The plan was adopted by the Collier Metropolitan Planning Organization on January 12, 2006. The Comprehensive Pathways Plan is incorporated by reference in the Collier County Growth Management Plan, in the Transportation Element, Objective 4 (See Exhibit U). 5. Will the project enhance a State Designated Paddling Trail by providing facilities, including a paddling trail sign, canoe /kayak launch, and restrooms? (5 points) YES NO _X_ Form FCT -4 (Effective 02- 19-07) Page 11 Agenda Item No. 16E4 If yes, include a commitment to provide paddling trail sign, canoe /kayak launch, and restrooms on the PrdjM Sfte2007 Provide a map of the State Designated Paddling Trail and identify the location of the Project Site. Provid6lage 16 of 48 documentation that the trail has been designated by the Office of Greenways and Trails. (c) Educational Opportunities 1. Will the Project Site include an interpretive kiosk or interpretive signs intended to educate visitors about the natural environment or unique history of the area? (5 points) YES _X_ NO If yes, describe the interpretive educational signs to be provided. Three interpretive signs will be located along the boardwalk: one with information regarding the importance of the mangrove ecosystem, one with information regarding the importance of the estuary, and one identifying and discussing the life history of the yellow- crowned night heron. Panel sizes will be 24" x 36 ". Approximately 25 plant identification signs (5" X 7 ") will also be located throughout the boardwalk and asphalt trail. 2. Will the Applicant provide at least 12 environmental or historical education classes or programs per year at the Project Site conducted by trained educator(s) or resource professional(s)? (5 points) YES _X_ NO If yes, identify who will be conducting the classes or programs; describe the classes or programs to be provided, and the frequency of the planned programs. Collier County Parks and Recreation Park Ranger and Naturalist staff will present 24 natural history programs at the project site annually— in conjunction with programs being presented at the Gordon River Greenway Park. Staff presenting the programs has completed the National Association of Interpretation Certified Interpretive Guide Course. All educational programs will be developed by the Senior Park Naturalist/Program Supervisor. Programs will include: The Importance of Preserving Wetlands, Wetland Plants and their Medicinal Uses, Birding in the Wetlands, and Dr. Nehrling and Exotic Species. Programs will be presented twice a month, on Wednesday and Saturday mornings. Programs will be advertised in the Collier County Parks and Recreation Program Guide and the Park Ranger To Go Menu of Programs that is distributed to Collier County Public Schools each August. Target audience to include: general public, professionals, tourists, and elementary and secondary school children. In addition, the Conservancy of Southwest Florida will conduct daily electric boat tours along the Gordon River tributary and the Golden Gate Main Canal adjacent to the project site. These educational tours are led by trained Conservancy docents and include information about the importance of the estuary and mangroves to the wildlife that is observed along the tour route. Boat tours are open to the public. 3. Will the Project Site include a staffed nature center, museum building, or Neighborhood Recreation Center to provide year round educational classes or programming? (5 points) YES NO _X_ If yes, describe the proposed facility, the size of the proposed facility, and who will provide the programming. Note: The facility should be a minimum of 1,000 square feet and no larger than 15,000 square feet. (d) Natural and Biological Resources 1. Does the land cover on the Project Site consist of predominantly Natural Communities that have not been impacted by human disturbance or alteration? (5 points) YES _X_ NO _ If yes, describe the various Natural Communities on the Project Site, including the quality of the communities, and the approximate acreage of each community. Describe the extent and acreage of the disturbances or alterations on the Project Site. Note: Predominantly natural equates to approximately 70 percent coverage. The total project site is approximately 43.5 acres. Of these, 20 acres are mangrove swamp, with a canopy of red mangrove, black mangrove, white mangrove, buttonwood and only scattered Australian pine. Another 18.4 acres of the project site consists of pine flatwoods that contain slash pine, saw palmetto, and assorted exotic plant species. The final 6.1 acres are comprised of a remnant Wetland Hardwoods Mixed plant community that contains royal palm, strangler fig, gumbo limbo and live oak, but is predominantly covered with exotic plant species. Australian pine is the main problem species in the Wetland Hardwoods Mixed community. Form FCT-4 (Effective 02- 19 -07) Page 12 Agenda Item No. 16E4 All exotics will be removed and their eradication monitored as part of the project. See Exhibits F and G. Aage?4. 0048 2. Does the Project Site contain a Locally Significant Natural Area as identified by the Florida Natural Areas Inventory? (5 points) YES _X_ NO If yes, provide a map and letter from the Florida Natural Areas Inventory that the Project Site contains a Locally Significant Natural Area. 3. Does the Project Site contain Habitat recognized as typically suitable for one or more Listed Animal Species? (5 points) YES _X_ NO If yes, describe the Habitat on the Project Site and identify any listed species that may use the site as Habitat. Discuss the present condition of the Habitat, the approximate size of the Habitat in acres and how it will be protected and managed. The 20 -acre Mangrove Swamp area of the project site consists of red, black and white mangroves, buttonwood, leatherfern, coin vine, and swamp fern. Some fringe areas of the swamp have been invaded by large Australian pines. The pines will be removed along the water's edge if they pose a safety threat or topped and killed in place if they are away from the shoreline. Mangrove swamp is suitable habitat for numerous listed species, such as: brown pelican (SSC), white ibis (SSC), osprey (SSC), bald eagle (T), little blue heron (SSC), and tricolor heron (SSC). See Exhibit F. 4. Does the Project Site contain critical habitat typically suitable for one or more Listed Animal Species and is the site located in a Strategic Habitat Conservation Area, as identified by the Florida Fish and Wildlife Conservation Commission? (5 points) YES NO _X_ If yes, provide a map and letter from the Florida Fish and Wildlife Conservation Commission that the Project Site contains a Strategic Habitat Conservation Area. (e) Vegetative Enhancement 1. Will invasive exotic vegetation be removed from the Project Site? (5 points) YES _X_ NO_ If yes, describe the type and extent of the invasive exotic vegetation on the Project Site. Describe what activities are proposed for removal and to keep the site free of invasive exotic vegetation. Invasive exotic plant species on site include: Australian pine (Casuarina spp.), Brazilian pepper (Schinus terebinthifolius), carrotwood (Cupaniopsis anacardioides), shoebutton ardisia ( Ardisia elliptica), downy rosemyrtle (Rhodomyrtus tomentosus), schefflera (Schefflera actinophylla), java plum (Syzygium cumini), air potato (Dioscorea bulbifera), sansevieria (Sansevieria hyacinthoides), guinea grass (Panicum maximum), castor bean (Ricinus communis), pothos (Epipremnum pinnatum cv. Aureum) and sea - almond (Terminalia catappa). The main problem exotics on the project site are Australian pine, Brazilian pepper and downy rosemyrtle. All other plants are scattered in small amounts. Mobilization of a barge will be required to access the majority of the site and to haul off the invasive exotic debris, specifically the Australian pines along the waterway. All exotics located off of the main waterway will be killed in place with herbicide. Companies contracted by Collier County will conduct the initial control and maintenance treatments of all invasive plants. Exotic removal efforts at the Gordon River Greenway Preserve will be coordinated with exotic removal efforts at the Gordon River Greenway Park in order to limit costs. 2. Will a significant portion of the upland area on the Project Site be planted with native vegetation? (5 points) Forth FCT-4 (Effective 02- 19 -07) Page 13 YES NO _X Agenda Item No. 16E9 April 24, 2007 If yes, discuss the approximate number and types of native plants to be planted. Show the approximate die"'dmg i0ilme planted on the conceptual site plan, Exhibit K. 3. Will a significant portion of the wetland area on the Project Site be planted with native vegetation? (5 points) YES NO If yes, discuss the approximate number and types of native wetland vegetation to be planted. Show the approximate area that will be planted with native wetland vegetation on the conceptual site plan, Exhibit K. (f) Water Quality 1. Will the quality of surface waters or current flooding problems occurring on adjacent land or land in close proximity to the Project Site be improved by the installation of stormwater facilities on the Project Site that provide wildlife Habitat and /or open space in a park -like setting? (5 points) YES NO If yes, discuss the existing water quality or flooding problems. Describe the proposed stormwater facilities and how they will be designed to provide wildlife Habitat and /or open space in a park -like setting. Show the proposed facilities on Exhibit K. 2. Will acquiring the Project Site protect an adjacent Outstanding Florida Water, as designated by the Department of Environmental Protection? (5 points) YES NO If yes, provide a map or other documentation showing that the boundary of the Project Site is located adjacent to an Outstanding Florida Water. 3. Will acquiring the Project Site protect adjacent Class I Waters, as identified by the Department of Environmental Protection, or is the Project Site in a locally designated wellfield protection zone? (5 points) YES _X NO If yes, provide a map or other documentation showing that the boundary of the Project Site is located adjacent to a Class I Water or in a wellfield protection zone. The project site contains a Special Treatments overlay and is located within a designated wellfield protection zone. See Exhibit V. (g) Historic Resources 1. Does the Project Site contain, or is the Project Site within 1/. mile of, a site listed in the Florida Master Site File maintained by the Division of Historical Resources? (5 points) YES _ _ NO _X If yes, identify the resource, show its location in relationship to the Project Site, and provide the Master Site File number. 2. Will acquiring the Project Site protect a resource that is listed in the Florida Master Site File and also recognized by a local historic board or the Division of Historical Resources as being historically significant at the local, regional or state level? (5 points) YES NO _X If yes, identify the resource, its location on the Project Site and document its historical significance. Identify which governmental agency, board or expert in the field identified the resource as being significant. Form FCT4 (Effective 02- 19-07) Page 14 Agenda Item No. 16E4 3. Will acquiring the Project Site protect a resource that is listed on the National Register of Historic PlacEwby2li 0048 National Park Service? (5 points) Page — YES NO _X_ If yes, identify the resource, its location on the Project Site, and document the National Register listing. (3) COMMUNITY PLANNING SECTION (a) Comprehensive Plan Implementation For each of the following criteria that are furthered by the Local Comprehensive Plan, cite no more than five (5) relevant objectives or policies in each response. If the response to a criterion is no, move to the next question. If the response to a criterion is yes, cite the objective or policy number and paraphrase the plan directive, provide a brief discussion of how acquiring the site will further the cited objective or policy, and include a copy of the objective or policy in Exhibit A. If a criterion addresses specific resources or facilities, they must be present on the Project Site in order for points to be awarded. If the Project Site is located entirely in one Local Government jurisdiction, the Local Comprehensive Plan of the jurisdiction within which the Project Site is located shall be evaluated for scoring purposes. If the Project Site is located in two or more jurisdictions, the Local Comprehensive Plan of either jurisdiction shall be compared for compatibility and evaluated for scoring purposes. If either jurisdiction's Local Comprehensive Plan is furthered then points will be awarded. 1. Will the project provide acreage or outdoor recreational facilities necessary to maintain or improve adopted levels of service standards established in the comprehensive plan for recreation or open space? (5 points) YES NO Numeric citation and summary of objectives or policies: Summary of how the project furthers the objectives or policies: 2. Will the project further comprehensive plan directives that ensure Acquisition of natural areas or open space through public Acquisition? (5 points) YES NO Numeric citation and summary of objectives or policies: Summary of how the project furthers the objectives or policies: 3. Will the project further comprehensive plan directives to provide new or enhanced public access to existing water bodies or saltwater beaches? (5 points) YES NO Numeric citation and summary of objectives or policies: Summary of how the project furthers the objectives or policies: — 4. Will the project further comprehensive plan directives that provide for creating new or enhanced Greenways, Ecological Corridors or Recreational Trail Systems? (5 points) YES NO Numeric citation and summary of objectives or policies: Form FCT-4 (Effective 02- 19 -07) Page 15 Agenda Item No. 16E4 Summary of how the project furthers the objectives or policies: April 24, 2007 Page 20 of 48 5. Will the project further comprehensive plan directives that ensure the preservation of Natural Communities or Listed Animal Species Habitat? (5 points) YES NO Numeric citation and summary of objectives or policies: Summary of how the project furthers the objectives or policies: 6. Will the project further comprehensive plan directives that provide for coordination between the Local Government and other federal, state and local agencies or Nonprofit Environmental Organizations in managing natural areas or open space or furthering the completion of the Florida National Scenic Trail? (5 points) YES NO Numeric citation and summary of objectives or policies: Summary of how the project furthers the objectives or policies: 7. Will the project further comprehensive plan directives that provide for restoring or enhancing degraded natural areas such as restoration of Natural Communities, restoration of natural hydrology or removal of non - native vegetation? (5 points) YES NO Numeric citation and summary of objectives or policies: Summary of how the project furthers the objectives or policies: 8. Will the project further comprehensive plan directives that ensure the protection or enhancement of surface water quality by addressing non -point pollution through enhanced stormwater treatment? (5 points) YES NO Numeric citation and summary of objectives or policies: Summary of how the project furthers the objectives or policies: 9. Will the project further comprehensive plan directives that ensure the preservation of historical, cultural or archaeological features? (5 points) Note: The site must contain a feature or have a high probability that a feature is present on the site. YES NO Numeric citation and summary of objectives or policies: Summary of how the project furthers the objectives or policies: 10. Is the Project Site located in an area that has been identified for redevelopment in the comprehensive plan and has been locally designated as an urban infill, urban redevelopment or downtown revitalization area as defined in Section 163.3164, F.S.? (5 points) YES NO Numeric citation and summary of objectives or policies: Form FCT -4 (Effective 02- 19-07) Page 16 Summary of how the project furthers the objectives or policies: (b) Hazard Mitigation Acenda Item No. 16E4 April 24.. 2007 Page 21 of 48 1, Flood Hazard Area: Is all or a portion of the Project Site located in a coastal high hazard area or a 100- year floodplain? (5 points) YES NO If yes, provide a map identifying the 100 -year flood plain or coastal high hazard area and location of the Project Site on Exhibit J. 2. Designated Brownfield Area: Will the project provide recreational opportunities or open space within a state designated brownfield area? (5 points) YES NO If the Project Site has known contaminants, discuss how the site contamination will be remediated to allow for the provision of open space or Outdoor Recreation activities. (c) Priority Investment Areas Review each of the following statements and check all that apply to the project. Responses without supporting documentation will not be evaluated and points will not be awarded. Will the Project Site provide new or enhanced Outdoor Recreation or open space within the following areas? 1. Front Porch Community: Is the Project Site located within a designated Front Porch Community? (10 points) YES NO If yes, provide a map that identifies the boundary of the designated area and the location of the Project Site. 2. Florida Main Street Community: Is the Project Site located within an active Florida Main Street Community? (10 points) YES NO If yes, provide a map that identifies the boundary of the designated area and the location of the Project Site. 3. Waterfront Florida Community: Is the Project Site located within a current or previously designated Waterfront Florida Community? (10 points) YES NO If yes, provide a map that identifies the boundary of the designated area and the location of the Project Site. 4. Low - income Community: Is the Project Site located within a designated Low - income Community? (10 points) YES NO If yes, provide a map that identifies the boundary of the designated area and the location of the Project Site. 5. Rural Area of Critical Economic Concern: Is the Project Site located within a designated Rural Area of Critical Economic Concern? (10 points) YES NO If yes, provide a map that identifies the boundary of the designated area. Form FCT-4 (Effective 02- 19 -07) Page 17 E.cenda Item No. 16E4 April 24, 2007 Page 22 of 48 6. Urban Redevelopment: Is the Project Site located within a locally designated Community Redevelopment Area, as defined in Section 163.340? (10 points) YES NO If yes, provide a map that identifies the boundary of the designated area and the location of the Project Site. 7. Area of Critical State Concern: Is the project site located within a current or previously designated Area of Critical State Concern, pursuant to Section 380.05, F.S.? (10 points) YES NO If yes, provide a map that identifies the boundary of the designated area. (4) PROJECT EXCELLENCE SECTION Does the proposed project exemplify project excellence based on issues not adequately addressed by the evaluation criteria, such as whether the proposed project exhibits strong community -based support, possesses exemplary characteristics, highlights regional coordination in the protection of natural resources, assists an otherwise disadvantaged community, or voluntarily helps resolve land use conflicts? (Up to 10 points) YES _X_ NO If yes, describe how the project provides for other community needs in a manner that was not adequately evaluated by the criteria established elsewhere in this Application. Include documentation, if needed. The project site was purchased from the Collier Development Corporation (CDC) in April 2006 by Conservation Collier (Collier County's conservation land acquisition program), for a purchase price of for $2,085,900. The Conservation Collier Program was overwhelmingly approved by Collier County voters in two successive voter referendums; in 2002 and again in 2006. The purchase of the CDC parcel was intended to contribute to and enable a larger project called the Gordor River Greenway Project (GRGP), a conceptual plan for a green space corridor in urban Collier County that will not only preserve ecologically sensitive lands, but will buffer the Gordon River for water quality and flood control purposes and provide a beautiful natural area for residents and visitors to visit and enjoy. The GRGP also includes two FCT selected projects, the Gordon River Greenway Park (FCT Project No. 06- 043 -FF6) and the Gordon River Water Quality Project (FCT Project No. 05- 027 -FF5). A management plan for these two projects has been combined and the property that is the subject of this FCT grant application, the Gordon River Greenway Preserve, is conceived of as fitting within this plan, with the only difference being that this particular parcel will remain in its natural state with only minimal enhancements for public access according to the Conservation Collier Ordinance (2002 -63) conservation land use requirements. Partner agencies for the GRGP management plan include Big Cypress Basin /South Florida Water Management District, the Conservancy of Southwest Florida, Collier County Environmental Services Department, Parks and Recreation Department, Stormwater Department, Florida Gulf Coast University, Florida Fish and Wildlife Conservation Commission and others, including local conservation groups. The GRGP itself is also a part of a larger initiative called the Naples Bay Initiative (NBI). The NBI is a plan of larger scope that includes multiple projects intended to restore the Naples Bay. This Initiative has multiple partners including, but not limited to, The Conservancy of SW Florida, The Bay Management Organization, Florida Wildlife Federation, Collier County Environmental Advisory Board, Naples City Council, Board of Collier County Commissioners and the Big Cypress Basin Board /South Florida Water Management District. Development of this parcel would have potentially impacted water quality along the Gordon River and created a land use conflict with overall regional water quality goals. The former owners had developed a preliminary plan to build residential multi - family housing on the parcel prior to acquisition by Conservation Collier. A little history of the GRGP: For over 20 years, the idea of a centrally located preserve /park along the Gordon River has been envisioned by various community groups in Collier County. In mid -2005, moving towards realization of this vision, Collier County purchased over 100 contiguous acres along the Gordon River. This purchase was actually the result of a community effort to accomplish two goals. The first goal was to save the Naples Zoo, a longtime Naples attraction, fron having the lands it leased sold out from under it. The second goal was to acquire lands along the Gordon River for the Gordon River Greenway. In November 2005, voters in Collier County overwhelmingly approved a $40 million bond to help pay for this land and the Trust for Pubic lands assisted with the negotiations and purchase. Subsequently, an FCT grant was applied for and approved as noted in the first paragraph. Another FCT grant for a water quality park had been applied for in 2005 as also noted above. Conservation Collier envisions partnering within the County Stormwater Form FCT-4 (Effective 02- 19 -07) Page 18 Agenda Item No. 16E4 Management and Parks and Recreation Departments to add this parcel into the overall Land Managen%O Pf3 23 of two FCT selected projects. Page With the addition of the CDC parcel, County lands will be connected with other conservation lands to the south and will provide the necessary connector piece that will enable the realization of the community vision for the Gordon River Greenway. Without this important purchase the conceptual Gordon River Greenway, a vision of many in the community for many years, would not be possible. Therefore, staff proposes that the award of post acquisition partnership reimbursement funding for purchase of the CDC parcel, herein named the Gordon River Preserve, clearly exemplifies what FCT identified as "project excellence' by exhibiting strong community -based support through multiple voter referendums, possessing exemplary characteristics by achieving long held community conservation goals, highlights regional coordination in the protection of natural resources through multiple partnerships, and voluntarily helps resolve land use conflicts relating to water quality issues. Form FCT-4 (Effective 02- 19 -07) Page 19 Agenda Item No. 16E4 REQUIRED EXHIBITS April 24, 2007 Pace 24 of 48 Each of the following exhibits is required to be submitted with the grant Application. Provide a label and tab for each exhibit and please ensure that all exhibits are legible and of an appropriate scale. If two or more exhibits are consolidated, make sure this is reflected on the exhibit label. If a specific exhibit is not applicable, include an exhibit page with a statement that it is "Not Applicable." Locate the exhibits behind the project evaluation criteria section of the Application. Exhibits A. A copy of each Local Comprehensive Plan objective and policy cited in the grant Application that applies to the Project Site. Please highlight or underline the applicable plan directive being referenced. B. A copy of all proposed Local Comprehensive Plan amendments cited in the grant Application that apply to the Project Site. C. A United States Geological Survey 7' /z- minute quadrangle map with the Project Site location clearly delineated. D. A county property appraiser's tax map delineating the Project Site boundary, access points, names of property owners, parcel tax identification numbers, road names and ownership boundaries using an appropriate scale. E. An aerial photograph at 1 inch = 2,000 feet or greater detail, with the Project Site boundary clearly delineated. F. A map that depicts Natural Communities found on the Project Site, utilizing the classification system identified in the Florida Natural Areas Inventory publication "Guide to the Natural Communities of Florida" or other appropriate classification system. Clearly delineate the Project Site boundary and include the approximate acreage of each Natural Community on the Project Site. G. A map that identifies any existing physical improvements, alterations or disturbances occurring on the Project Site, such as cleared areas, buildings, roads, fences, docks, power lines, billboards, borrow pits, etc. Clearly delineate the Project Site boundary and include the approximate acreage of improvements or disturbed areas. Identify any existing or proposed utility, road, or other easements or rights -of -way on the Project Site. H. A Future Land Use Map covering the Project Site and surrounding area that shows the location of the Project Site, I. A map that identifies lands within a three -mile radius of the Project Site that are used for natural resource conservation and Outdoor Recreation, such as parks, preserves, wildlife management areas, Greenways, Recreational Trail Systems, etc. Clearly delineate the location of the Project Site on the map. J. A map depicting the 100 -year floodplain, the coastal high- hazard area or a wellfield protection zone with the Project Site boundary clearly delineated. K. A conceptual site plan for the project that clearly delineates the Project Site boundary and shows the approximate location of all proposed facilities and improvements on the Project Site. L. One set of labeled photographs of the Project Site, to be included in the original Application, that documents on- site features such as existing structures, disturbed areas, Natural Communities, and historical or archaeological features. Include a legend that identifies the site location and subject matter of each photograph. Form FCT -4 (Effective 02- 19-07) Page 20 Agenda Item No. 16E4 M. If the Applicant is a Nonprofit Environmental Organization, evidence of status of the organization, inowiiing4. 2007 documentation from the Internal Revenue Service that the organization is recognized as a 501(c)(3) orgaiyiHO 5, afc erpy _ of the Bylaws, and a copy of the Articles of Incorporation. N. If the Applicant is a Nonprofit Environmental Organization which anticipates being designated as the management entity, the Nonprofit Environmental Organization shall provide documentation that they have funds on hand, or letters of commitment to provide the funds prior to closing on the Project Site, in an amount equal to ten percent of the Project Cost to be set aside as a management endowment fund for the Project Site. The Nonprofit Environmental Organization shall provide a guaranty or pledge by a Local Government, the Water Management District, the Florida Division of Forestry, the Florida Fish and Wildlife Conservation Commission, or the Florida Department of Environmental Protection to act as a backup manager to take over the responsibility for management of the Project Site in the event the Nonprofit Environmental Organization is unable to. O. Letter from the owner(s) of each parcel(s), as identified in the Application, indicating their willingness to consider an offer. P. If a Project Site is Pre- acquired, the Applicant shall provide copies of a signed closing statement for each Pre - acquired parcel. If a closing statement is not available at the time of the application submittal, then a copy of the contract for each of the Pre - acquired parcels shall be provided and a copy of the closing statements shall be provided within 14 days after the application deadline. Also, provide a statement that condemnation or threat of condemnation was not used to acquire the parcel(s). Form FCT -4 (Effective 02- 19 -07) Page 21 Agenda Item No. 16=4 April 24 2007 Page 26 of 48 EXHIBIT A Cited Local Comprehensive Plan Objectives and Policies Forth FCT-4 (Effective 02- 19 -07) Page 22 Agenda Item No. 16E4 April 24, 2007 Page 27 of 4£3 EXHIBIT B Cited Proposed Local Comprehensive Plan Amendments NOT APPLICABLE Form FCT-4 (Effective 02- 19 -07) Page 23 Haenda Item No, 16E4 April 24, 2007 Page 28 of 48 EXHIBIT C USGS 7 %- minute Quadrangle Map Form FCT-4 (Effective 02- 19 -07) Page 24 Agenda Item No, 16E4 April 24, 2007 Page 29 of 48 EXHIBIT D Collier County Property Appraiser's Tax Map Form FCT-4 (Effective 02- 19 -07) Page 25 Form FCTA (Effective 02- 19-07) Page 26 Aoenda Item No. 16E4 Forth FCT-4 (Effective 02- 19 -07) Page 27 Apni 27 2071 Page 31 of 48 — v W a G m — C $ y m m° D o 0 °^ N •- N N r FD N W O m < c W C N c p O O 0 N D - m m P m p m T o m ?p G) y N D I A O o p l0 I r W e W� 2 u n w O� a p ~ a C ti� �' m y._M0Om m m N O M = A — z m m III IN W yIW M A i _ y D .C, z ID c T r I J y CD M D Iv m � °m °W � I° ^ O 'D• a 'r m _ N O W J p ° @ (p u A z N ly o _ � I N 1 .o 4111 I � A N D N > y W m N O J 'ry W 2 Yi p a T N D _ is ° O J — Forth FCT-4 (Effective 02- 19 -07) Page 27 Agenda Item 1�o, 16=4 April 24. 200' Paae 32 of 48 EXHIBIT E Aerial Photograph Forth FCT-4 (Effective 02- 19 -07) Page 28 e � � i r� • +T :, � � I .. �Iw" rJ w�7r ,., �� ,�'„+.i`.x4T IKlII.'J.1'� FA Vp 10 rc YA.I„AYOw �i 1 �� at � vy ♦ +ll!t, Y » as � - .3 f. SU.,,,fr� - - (1 j r �."Atl { r� Yll VIe�•�.. % kf y 5 9# uy5� fry .a. 11y ;+}� 5 s Agenda Item No. 16 -4 April 24, 2007 Page 34 of 48 EXHIBIT F Natural Communities Map Form FCT4 (Effective 02- 19 -07) Page 30 Agenda Item No. 16E4 April 24, 2007 Page 35 of 48 EXHIBIT G Existing Physical Improvements, Alterations, or Disturbances Map NOT APPLICABLE Form FCT-4 (Effective 02- 19-07) Page 31 Agenda Item No. 16 =4 April 24, 2007 Page 36 of 48 EXHIBIT H Future Land Use Map Form FCT -4 (Effective 02- 19 -07) Page 32 Agenda Item Igo. 16E4 April 24. 2007 Page 37 of 48 EXHIBIT I Surrounding Natural Resource, Conservation, and Outdoor Recreation Map Form FCT-4 (Effective 02 -1907) Page 33 Agenda Item No, 16E4 April 24, 2007 Page 38 of 48 EXHIBIT J 100 -year Floodplain, Coastal High- hazard area and Wellfied Protection Zone Map Form FCT-4 (Effective 02 -1307) Page 34 Agenda Item No. 16E4 April 24. 2007 Page 39 of 48 EXHIBIT K Conceptual Site Plan Map Form FCT-4 (Effective 02- 19 -07) Page 35 At I Fr.T may... -. -.., d- r "- t �ti ii - ,fie' a tr"-` „ s .• -a.._ `•--\. ty.. Aw f+ t �� @a'j-iiJAi .. .l .+•��•i A..'R(X � 1� • y, �.s � � y"���� P °ty � ': M .uR ���+'.�'+i St�.7iu FA Ytl 9� R.,.i.o♦ '�e � eRy. j ' .. y. +7ar.. y - qii Agenda Item Inc. 16E4 April 24, 2007 Page 41 of 48 EXHIBIT L Labeled Photographs Farm FCT -4 (Effective 02- 19 -07) Page 37 Agenda Item No. IGE4 April 24. 2007 Page 42 of 48 EXHIBIT M Evidence of Nonprofit Environmental Organization Status NOT APPLICABLE Form FCT-4 (Effective 02 -1&07) Page 38 Aoenda Item No. 16E4 WE 24, 2007 Page 43 of 48 EXHIBIT N Nonprofit Environmental Organization Proof of Management Funds and Designation of Backup Manager NOT APPLICABLE Form FCT-4 (Effective 02- 19-07) Page 39 Agenda Item No. 16174 April 24. 2007 ?age 44 of 48 EXHIBIT O Willingness to sell owner letter NOT APPLICABLE Form FCT4 (Effective 02- 19 -07) Page 40 Agendaltem No. 16E-4 April 24, 2007 Page 45 of 48 EXHIBIT P Signed Closing Statement Form FCT-4 (Effective 02 -1307) Page 41 Mar 28 2006 4:04PM C0i''ER ENTERPRISES 239 - °�3 -3849 WYB /:006 _6:5? 2337148676 REn SSTATE S R ICES _ PAGf 02 /0: CLOSING STA_._ 7W` CLOSING DATE- April 7, 2006 BUYER: COW ER COUNTY ATTORNEY. _.T0�y Z E0 T Cha d / w o County Aaomsy SELLER: CDC LAND INVESTMENTS, INC„ formerly known as COLT/ I pEVf= L.OPMENT CORPORATION SELLERS SIGNATURE a Florida Corporation EmPloyar Identification R.fib- 0567693 LE . p Cr bee Exhib4 W' alcwhed rained and made a part he sot, Purchase Pace......76 0800009)_,,,.._ . ............................... Caen of Clod 52,075,000.00 nD...,......._....... _....,.... _...... .....�.5 10.900.00 $2.085,900.00 AD VALOREM PROPERTY TAXER: Eased on 2006 !exec of Charge Seller Chat9e Buyer $10.376.94 (#00268160009) 6.84X971365 days $2,085,990,00 Pu. -rase Pnce.. Based Bread m 2005 taxes of $15.91 S _...._. $ 17,363.24 $ ( #20760600009) $15.91 X 97/385 days. 2,757, 75 Plus Sake, Craft hs ...... Indeain9 Fee_, ............. .... Less peodsiL..__..... �... S 35.50 $ _............_ ...... .,...... Lese Delerred GostS,,,,,,,,,,,,, Other-, _.. r 4 pages) _., 5 S ..... - .. S^ 06 REVENUE" 8 TA "' pages) Lees Buyers Credjte.�... _.....,. 5 35.50 State stamps on De d S Abstract. .................. ....... S 14,6D ?.30 T ine Ineurance . .,...., $ $ .._.. ....... ., Other-. ..... ___..... .... _.._ S _. $ S TOTAL CryARGE6 8 T17 F 35 60 County Cie* ... $ 14.635.80 /� Tex C011eptdr .... S 2,761.94 I,t'� Oehler _ ..., $2,066,538.80. 744 1 "11' Other $ 1 'OTAL,..,......_.... $2.0&5,935.50 Item Ivo. rots Paqfe 46 of 48 Form FCT -4 (Effective 02 -7307) Page 42 BECAPI� n cry lON - GrossCeshtoSWler........,...... Lees Charges to Seller_. $2,085,990,00 Pu. -rase Pnce.. Less Depmd ..............." _...._. $ 17,363.24 $ Plue Buyer's Charges $2, 065, gm tit Plus Sake, Craft hs ...... ...... ............. .... Less peodsiL..__..... �... S 35.50 $ Lese Delerred GostS,,,,,,,,,,,,, $ Net Cash to Seller._...... ..... - .. S^ 06 Lees Buyers Credjte.�... _.....,. S .74 Cash to Cldse ........................ 32A85,93550 Disouraemerrt County Cie* ... $ 14.635.80 /� Tex C011eptdr .... S 2,761.94 I,t'� Oehler _ ..., $2,066,538.80. 744 1 "11' Other $ 1 'OTAL,..,......_.... $2.0&5,935.50 Item Ivo. rots Paqfe 46 of 48 Form FCT -4 (Effective 02 -7307) Page 42 Agenda Item No. 16E4 April 24, 2007 Page 47 of 48 EXHIBIT Q Gordon River Greenway Preliminary Layout Map Page 43 Form FCT -4 (Effective 02- 19 -07) e .r 3i" _ � t r�.c+ -.� tiekiF��•.I .tom �t'a,; .a" ���'g.�1' .e K CS tMrwfe r �' d�•s. .s. a. � O; �` � T wXj z !IIIup a IWS., a ON i'°� � 4 e �yy ei.. • LL � ,QtL ^py �,. f '����^'�F} M �.'7_ a „"�`�, t•�" ( � 1 Y9� C S�yyT P] L4 i Agenda Item No. 16E5 April 24, 2007 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to approve Phase III "Enterprise Implementation Strategy" of the "Enterprise Content Management Strategy ", Project 500421, in the amount of $25,000.00. OBJECTIVE: To proceed with Phase III "Enterprise Implementation Strategy' consulting services to develop an Enterprise Content Management (ECM) Implementation Plan. CONSIDERATIONS: On June 28, 2005 the BCC approved award of RFP #05 -3795 to Doculabs, Inc., Item 16E6. The ECM Strategy project consisted of 3 Phases of which only Phase I was approved initially. Phase II spending was subsequently approved by the BCC on September 12, 2006, Item 16E1. Phase III is a continuation of our project based on the successful completion of the first two phases. Phase III deliverables include a detailed implementation plan that will address the following: Roles and Responsibilities Communication Plan Change Management Plan Resources Dependencies Phasing of Projects— Phased Project Plans In MS Project Format Migration Plans There are no current legal issues surrounding the scope of this effort. FISCAL IMPACT: ECM Project 500421 has sufficient funds in the FY07 budget to complete Phase III in the amount of $25,000. GROWTH MANAGEMENT IMPACT: There is no growth management impact. STAFF RECOMMENDATION: That the Board approves proceeding with Phase III "Enterprise Implementation Strategy" of the "Enterprise Content Management Strategy ", Project 500421. PREPARED BY: Michael Cox- Records Manager Agenda Item No. 16E5 April 24, 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16E5 Item summary: Recommendation to approve Phase III Enterprise Implementation Strategy of the Enterprise Records Manager Content Management Strategy, Project 500421, In the amount of $25,000.00. Meeting Date: 4/2412007 9'.00'.00 AM Prepared By Michael Cox Records Manager Data Administrative Services Administrative Services Admin. 411112007 10:25:05 AM Approved By Robert Senders Applications Analyst Data Administrative Services Information Technology 411112007 10:27 AM Approved By Barry Axelrod Information Technology Director Date Administrative Services Information Technology 411112007 10:42 AM Approved By Michael Co. Records Manager Data Administrative Services Administrative Services Admin, Mt 112007 10:50 AM Approved By Len Golden Pnce Administrative Services Administrator Data Administrative Services Administrative Services Atlmin. 4/1212007 1:16 PM Approved By OMB C ... theater Administrative Assistant Date County Manager's Office Office of Management If Budget 4/1212007 2.48 PM -- Approved By Susan ilsher Senior Management/Budgel Analyst Dale County Manager's Office Office of Management &Budget 4115120073: 27 PM Approved By Michael Smykowski Management& Budget Director Data County Manager's Office Office of Management & Budget 411812007 12:13 PM Approved By James V. Mudd County Manager Data Board of County County Manager's Office 411 81200] 1:40 PM Commissioners Agenda Item No. 16E6 April 24, 2007 Page 1 of 21 EXECUTIVE SUMMARY Recommendation to approve the "Grant of Storm Water Drainage Easement' agreement, Exhibit A, between Collier County and Edison College, to allow construction of a shallow drainage swale required by the Site Development Plan for the Emergency Services Complex and South Regional Library, project numbers 54003 and 52160. OBJECTIVE: To approve the "Grant of Storm Water Drainage Easement ", Exhibit A, for nominal consideration ($10.00). CONSIDERATIONS: A $1,859,400 contract with Harvard Jolly Clees Toppe Architects to design the Emergency Services Center (ESC) was approved by the Board on June 10, 2003, agenda item 16B8. On September 13, 2005 the Board approved item 10H, a $91,750 contract change with Harvard Jolly to site adapt the ESC to Lely Cultural Parkway. The Site Development Plan (SDP) for the ESC and South Regional Library (which are both on the same site) was submitted on May 15, 2006 and was approved on November 17, 2006. The approved site plan requires a drainage swale to convey excess storm water from the ESC /SRL site to the existing, permitted, retention pond /easement on the Edison property. Kraft Construction Company, Inc. (KCCI) was awarded the Construction Manager at Risk contract for the ESC on March 23, 2003, agenda item 16E6. On November 30, 2006, after discussions and clarifications, KCCI submitted a revised GMP proposal of $6,740,820.00 for this site work - $4,195,820 for the ESC and $2,545,000 for the SRL. The Board approved the Kraft GMP that included construction of the drainage swale (Agenda Item 10.K), on Dec. 12, 2006. Negotiations for the easement with Edison were delayed because of issues involving Edison's long range plans for, and access to the undeveloped parcel. These issues were resolved, and the agreement finalized by the County's and Edison's Facility and Legal departments. In exchange for the grant of easement, the County will provide an earth -fill, access ramp, spanning the drainage swale, and relocate a portion of Edison's existing, three - strand wire perimeter fence. The costs for these modifications (approximately $70,000) will be covered in a change order to Kraft's site work GMP. Without an Edison College easement agreement, the ESC /SRL site preparation and construction projects will have to be halted until a potentially more expensive, alternative, drainage routing /structure, that will require re- permitting (with the associated delays) is developed and installed. KCCI started the site work related to the ESC and SRL on February 8, 2007, and is approximately 45% complete. KCCI will construct the required Drainage Swale, access ramp and relocate the fence as part of their GMP for the site work. The Guaranteed Maximum Price (GMP) for the ESC building is also planned for presentation to the Board on April 24, 2007, and Edison's Board of Directors also meets on the same date to approve the easement agreement. The SRL will be bid separately and is planned for presentation to the Board in June 2007. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan. Agenda Item No. 16E6 April 24, 2007 Page 2 of 21 That the Board of County Commissioners: 1. Approve the "Grant of Storm Water Drainage Easement" agreement, Exhibit A, between Collier County and Edison College, to allow construction of a shallow drainage Swale required by the Site Development Plan for the Emergency Services Complex and South Regional Library, project numbers 52160 and 54003; 2. Authorize its Chairman to execute same on behalf of the Board; and 3. Authorize the recording of same in the public records of Collier County, Florida. PREPARED BY: Hank Jones, P.E., Senior Project Manager, Facilities Management Department Agenda Item No. 16E6 April 24, 2007 Page 3 of 21 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS R Item Number: 16E6 Item Summary: Recommendation to approve the Grant of Storm Water Drainage Easement agreement, Exhibit A, between Collier County and Edison College, to allow construction of a shallow drainage sward required by the Site Development Plan for the Emergency Services Complex and South Regional Library numbers 54003 and 52160. Meeting Dale: 4124/2007 9:00.00 AM Prepared By Hank Jones Senior Project Manager Dale ALministrativ <Sil Facilities Management din 1120072: 55:19 PM Approved By Ron Hmell Principal Project Manager Data Administrative Serviced Facilities Management 4111120074:44 PM Approved By Skip Camp, C.F.M. Facilities Management Director Data Administrative Services Facilities Management 41IZ200711:22 AM Approved By Len Golden Probe Administrative Services Administrator Date Administrative Servic <s Administrative Services Admin, 41121200711: 52 AM Approved By OMB Coordinator Administrative Asslst<nt Data County Managers Office Office of Management B Budget 4112120072: 47 PM Approved By Michael Smykowski Management 6 Budget Dtref ar Dete County Managers Office Office of Management d Budget 4/712007 0:08 AM Approved By James V. Mudd County Manager Date Board of County County Managers Office 4117120074:05 PM Com mie.modn Agenda Item No. 16116 April 24, 2007 Page 4 of 21 COLLIER COUNTY TRANSPORTATION DMSION 2885 Sourh Horseshoe Drive • Naples, Florida 34104 • 239- 774 -8192 • Fax 239 - 213 -5885 ENGINEERING & CONSTRUCTION MANAGEMENT DEPARTMENT :•Right -of -Way Acquisition *•Capital Projects -eln -House Design & Engineering **Construction Management March 30, 2007 Mr. Ron White, Facilities Manager Edison Community College 8099 College Parkway Fort Myers, Florida 33919 -5566 Re: South Regional Library/Emergency Service Project Project #52160 -3 Dear Mr. White: Attached is the Grant of Storm Water Drainage Easement which is the final agreed upon easement. All attachments have been included as well as an additional copy for your convenience. Please let me know if you require any additional information from us. As always Ron, thanks for your help in this matter, we certainly appreciate it. Sincerely, Pan Smith Ly Acquisition Enclosures as states C: Ron Hovel] Hank Jones Prepared by and return to: Tyra N. Read, Esq. P. O. Box 280 Fort Myers, FL 33902 -0280 GRANT OF STORM WATER DRAINAGE EASEMENT Agenda Item No. 16E6 April 24, 2007 Page 5 of 21 THIS GRANT OF STORM WATER DRAINAGE EASEMENT ( "Grant") is made and entered into this day of , 2007, by and between EDISON COLLEGE DISTRICT BOARD OF TRUSTEES ( "College "), whose address is 8099 College Parkway, Fort Myers, FL 33919, and COLLIER COUNTY, a political subdivision of the State of Florida ( "County"), whose address is 3301 Tamiami Trait East, Naples, FL 34112. Background WHEREAS, College is the owner of a certain parcel of real property located in Collier County, Florida consisting of 30 acres (MOL), as more particularly described in the attached Exhibit "A" ( "College Property"); and WHEREAS, County is the owner of a certain parcel of real property located in Collier County, Florida, consisting of 20 acres (MOL), as more particularly described in the attached Exhibit "B" ( "County Property"); and WHEREAS, the College Property and County Property are contiguous to each other; and WHEREAS, the College desires to grant to the County a non - exclusive storm water drainage easement over and across the real property described in the attached Exhibit "C" located on College Property ( "Easement Property "); NOW, THEREFORE, in consideration of the sum of TEN and no /100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged between the parties, and intending to be legally bound, they hereby state as follows: Recitals. The foregoing recitals are true and correct and are incorporated herein by reference. 2. Storm Water Drainaae Easement. College hereby grants to County, its successors and /or assigns, a perpetual non - exclusive storm water drainage easement over and across the Easement Property ( "Storm Water Drainage Easement ") described in Exhibit "C ". No later than January 1, 2009, County shall install the drainage facilities, 1467070v7 Agenda Item No. 16E6 April 24, 2007 including a discharge ditch, structures, pipes and appurtenances thereto for stop- W96pf 21 drainage purposes ( "Storm Water Facilities "). County shall be responsible for and shall pay all costs associated with installing, maintaining and repairing the Storm Water Facilities and Easement Property and complying with all governmental and local regulations. Once the Storm Water Facilities have been installed, County shall finish and grade the surfaces within the Easement Property in accordance with existing permit requirements and existing South Florida Water Management District requirements, which shall include hydro -seed or sod, as the County elects, over and across the Easement Property. College shall be entitled to perpetually tie into the Storm Water Facilities, provided the Storm Water Facilities have sufficient capacity to accommodate the College's development and provided the College's use of the Storm Water Facilities does not negatively impact the County's South Florida Water Management District permit. The cost of tying into the Storm Water Facilities shall be borne by College. In the event College elects to tie into the Storm Water Facilities, County shall promptly cooperate by signing all documents required in connection with College tying into the Storm Water Facilities. Rights and Obligations. a. County shall construct an earthen ingress and egress area for purposes of a roadway to permit vehicular and pedestrian traffic by College, its business invitees, employees, tenants, contractors and guests over and across the drainage trench County will install within the Easement Property ( "Roadway "). County agrees and acknowledges that it does not have any easement rights to use the Roadway. No later than January 1, 2009, County shall (i) construct an earthen roadway over and across the Easement Property, (ii) be solely responsible for all costs of installing the Roadway, including but not limited to engineering and permitting costs, (iii) comply with all requirements of the appropriate municipal authorities and transportation authorities. The Roadway shall meet the same earthwork and structural standards as those met by the County for the Emergency Services Center and Library Site to be constructed on the County Property as reflected in the engineering plans obtained by County for the Emergency Services Center and Library site. The exact location, design and specifications of the Roadway must be approved by College, in writing, prior to commencement of construction of the Roadway and the final Roadway must be approved by College. County shall construct the final Roadway in accordance with the specifications shown on the attached Exhibit "D" and with existing permit requirements. County shall deliver to College proposed drawings or sketches that sufficiently reflect the design and specifications of the Roadway and College shall notify County, in writing, of its approval or objections to the proposed drawings or sketches within five (5) business days from College's receipt of the proposed drawings or sketches, and said approval shall not be unreasonably withheld. In the event College fails to provide County with its written objection or approval within the five day time period, it shall be deemed that College has waived its right to object and the proposed drawings or sketches shall be deemed approved by College. The proposed drawings or sketches shall reflect: (i) the earthen Roadway being located approximately 280 feet west of the south east corner of the College Property; (ii) the Roadway being approximately 65 feet wide and 40 feet long at the upper surface and slope down from the elevation of the 146707ov7 Agenda Item No. 16E6 April 24, 2007 existing sidewalk at the property line along Lely Cultural Parkway, to existing grade ge 7 of 21 beyond the Easement Property; (iii) the upper surface of the Roadway having a 3 inch layer, 12 feet wide, of coarse aggregate (stone); (iv) the slope of the Roadway not being steeper than 1:6; and, (v) one or more drainage elements passing through the Roadway to permit free drainage along the length of the drainage trench within the Easement Property. Once the proposed drawings or sketches are approved by College in writing, County shall maintain communications with College throughout the construction of the Roadway. Once College has approved the final Roadway, which approval shall not be unreasonably withheld and shall be provided to County within fifteen (15) business days of notification from County the Roadway is completed, College shall be solely responsible for repairs and regular upkeep and maintenance of the Roadway and College may then alter or improve the surface of the Roadway. In the event College fails to respond to County within the fifteen day time period, it shall be deemed that College has waived its right to object to the final Roadway and the Roadway shall be deemed approved by College. b. To allow College access to the property line of the College Property within the Easement Property, on or before January 1, 2009, County shall, at County's sole cost and expense (i) remove the affected portions of an existing fence in the Easement Property located along Lely Cultural Parkway and relocate the fence on the North boundary line of the Easement property; and (ii) clear all existing vegetation within the Easement Property. County shall be responsible for and shall pay all costs associated with maintaining the Easement Property. C. On or before January 1, 2009, County shall, at County's sole cost and expense, clear a ten foot (10') wide vehicle pathway located just North of the Northernmost boundary line of the Easement Property. College shall be solely responsible for all costs associated with maintaining the 10' wide vehicle pathway. d. County agrees not to use the Easement Property in any way that would unreasonably interfere with the use or development of College's Property and in this regard, County acknowledges and agrees that College, its successors and /or assigns, have the right to place a sign identifying the development on the College Property within the Easement Property, provided the sign does not unreasonably interfere with the purpose of this Grant. College shall be solely responsible for all costs associated with the sign on the Easement Property. e. County shall have the right to remove or trim any roots, trees or other vegetation or structures within the Easement Property, at its sole expense, in order to properly install, repair and maintain the Storm Water Facilities. I. Both parties shall promptly cooperate by signing all permits, applications and related documents required to facilitate the construction of the Storm Water Facilities on the Easement Property and fulfillment of all other obligations set forth in this Grant, the costs of obtaining any permits, applications or related documents required being the sole responsibility of County. College shall incur no costs in connection with this Grant, other than costs to tie into County's Storm Water Facilities, to maintain and repair the Roadway upon College's approval of the final Roadway, 1467070v7 Agenda Item No. 16E6 April 24, 2007 maintain the 10' wide vehicle pathway and install and maintain a sign within the Page 8 of 21 Easement Property. g. In the event either party forms a property owner's association for its respective property and that party assigns the rights and obligations of this Grant to the property owner's association, that party shall be released from all liability hereunder. 4. Grant Runs with the Land. The terms and conditions of this Grant shall benefit and be binding upon the heirs, successors and assigns of the parties herein and shall run with the lands of the County Property and the College Property. 5. Enforcement. In the event either party fails to perform any of the covenants, agreements or meet any obligations imposed pursuant to this Grant, then the other party shall be entitled to all rights and remedies permitted by law, including without limitation, the right to proceed in equity with an action for injunction or specific performance to enforce its rights under this Grant. 6. Failure to Perform Obligations. In the event either party shall default in the full, faithful and punctual performance of any obligations hereunder, the aggrieved party shall be entitled to all rights and remedies permitted by law, including without limitation, the right to proceed in equity with a return for injunction or specific performance to enforce its rights under this Grant. 7. Indemnity. By acceptance of this Grant and to the extent permitted by law and without waiver of the protections of sovereign immunity provided in Section 768.28, Florida Statutes, County covenants and agrees for itself, its successors and assigns, that it shall indemnity and save College harmless from and against and to discharge, pay and insure against all losses, costs, expenses, claims, damages, judgments, liabilities and causes of action whatsoever (collectively, "Claims ") including reasonable attorney fees and paralegal fees both in trial and appellate levels, arising out of or alleged to have arisen out of or been occasioned, in whole or in part, by the acts or omissions of itself, its employees, agents, licensees, independent contractors, consultants, guests, customers or invitees for injury, death and /or property damage, drainage of surface water through or from the Easement Property and any flooding of adjacent properties to the Easement Property caused in whole or in part from the discharge of surface water or caused in whole or in part by acts or omissions occurring while exercising its rights and privileges set forth in this Grant. 8. Governing Law /Severability. This Grant shall be governed by and construed under the laws of the State of Florida. In the event any term or provision of this Grant is determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or be construed as deleted as such authority determines, and the remainder of this Grant shall be construed in full force and effect. 9. Prevailing Party. In the event of any litigation between the parties arising out of this Grant or the collection of funds due either party pursuant to this Grant, the non - prevailing party in such litigation, as determined by a judgment of a court of 1467070v7 Agenda Item No. 16E6 April 24, 2007 competent jurisdiction, shall pay all costs incurred by the prevailing party, including, s of 21 without limitation reasonable attorneys' and paralegals' fees and costs incurred, whether such fees and costs are incurred at trial, on appeal or in any bankruptcy proceeding. 10. Recording. This Grant shall be recorded in the Public Records of Collier County, Florida and the recording fee of this Grant shall be paid County. 11. Counterparts. This Grant may be executed in a number of identical counterparts. If so executed, each of such counterparts shall be deemed an original for all purposes, and such counterparts shall, collectively, constitute one agreement. 12. Effective Date. The rights and obligations under this Grant shall become effective upon the recording in the Public Records of Collier County, Florida. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals the day and year first above written. Witnesses: Witness #1 Print: Witness #2 Print: Edison College District Board of Trustees By: Print Name:_ Title: STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me this day of , 2007, by as of Edison College District Board of Trustees, on behalf of Edison College, Florida, who is personally known to me or who produced _ as identification. My Commission Expires: 146707Ov7 Notary Public Print/Type Name of Notary Commission No: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Ap*md as to form i legal sufficimy °sz stet. Cu*nty i.ttcrfwy Ellen T. Cha"ll. 1467070v7 Agenda Item No. 16E6 April 24, 2007 Board of County Commissioners9dVe 10 of 21 Collier County, Florida By: James Coletta, Chairman Agenda Item No. 160 r _ 'April 24, 2007 Page 11 of 21 EXHigiT I paw —I of s�G Legal Desuiption bektp a part of Traci W. Lely Resort Phase Two, Plat Book 18, pages 43-45 Colter Cou , Florida 30 Acre P An that part of Tract *W Lely Resort Phase Two, Plat Book 18, pages 43- 45 of the Public Records of Collier County, Florida, being more particularly described as follows: Beginning at the northwest comer of said Trod 'B'; thence along the north line of said Trod W, North 88'0344' East 819.41 feet: thence leaving said line south woror West 1325.30 feet to the south line of said Tract "a'; thence Wong said fine South 55.03'03' west 723.81 feet: thence continue along said with line westerly 283.31 feet along the arc of a circular curve concave northerly having a radius of 825,00 feet through a central angle of 25058'18' and being subtended by a chord which bears /Shutt 0� 3NQst 280.89 feet to a point on the west fns of said Traci 'B': thence along said fine along a enlist line, No. t '.d '03' East 1818.52 feet to the Paw of Beginning: Subject to easements and f record:_ Cortaining 30.00 acres ore less. Bearings am based on -V„ "63'44' East. Certificate of aulhocizatioit 3. WilsonMiiler, Inc. Registered Engineers and t q' p� Surve Yom M1a / 20.1025, sheet 1 valid unless embossed with the Professional's seal. riots/ Forttlr'M tarsals, fnlesW r"We .:ttrN•wrts.•Aumiur r4{p,ktl►..f{;1I11tSA1rN ytn6r9.rnrpt ?Srrft�•S�t6'f .nr �.0 w. �•w �11,1aMrM�rgo O N O 0 N � —m QEL 0 1 � e •QN• I 1 1 1� �� 1 / W i U �•ii 11 , ,,� , p �a ,r ,•, .U1 A � Z ♦ _ ; -_ _ 4 l if : ! a t� tax u 1, 1 &1016 t R n r 1 I she$ IbbWas ` an lie I UK �g}%1 Jr_. ob W Le ( •/ N� CO - 1 Oei :7� 'I - 0 �C� Lu N " > , Cr Q ° Z i%1 .a1 •1 >Z air r 3 Lapel Qascili llon bill a part of Tread 'S', Lay Raaoe Paso Two, PIN ibook A papas 45- 45, Call Caunly. faorfd. mAffe PSMId Agenda Item No. 16E6 April 24, 2007 Page 13 of 21 EX'Hi i' aWa___1_of N Cnt pet of Trill it Laty Rea! Phm Two, Pit Book A papas 43- 45 of lha Pubic Raaottts d Cain CoLw". Piorida. befnp more pwbmdw* dowr#ad a foioaa: Caa nwxfrfp at the trorl!rwaat aberaT d acid Traat'B'• tlrarroa a" ow nom tine d said Trod 'B' North 111111l East 219.41 het to ft Point d �O d 20 at» perz•i: Mrmaraa =*us ak rq the north Ilse d acid Trod B' North illQ'03'4P East 842.89 toot to a pofd an tla Hat ire of aakr Tract 'Sr. tlatlaa Wong add ins ftueh o1W= Wet M.95 feet to do south ins d uW Trrt 'B': tIonce Wit amid ins aarraaaadob, 21H I n of a nan•tarrparalet arCLAW yyo aayp y p tph ■ aararai artpte of 10 '0 N and belt aAWWad by Idr bans Mr West 21111.06 fast tftatloa mom awv aald fi5'03vr Wart orarry MM" said be Narfh to d Boom*p; 811.190M to , am Corak*q 2D ww mom or ambge are based an Da irt,�Eau. Csfai of aoNnrtcaMMIN r) Iti RegbUn mt fns_ and Lf� tar+ RmptatrW Fps Brest /` 4_ : IMS, ahMt 1 {adm embossed anti Ift PialOmbrLdrs asst. a+1Y ~ a11 i/aa0 arsowwe FAMPa .ilm /l�Y ►rsR 9irlaf AYrra Jir�ilJ�lar '�.C/ MYMtlO =an•Mp•STIi'f W N � O O � c m ai Q dR� F e [• i 0 Uyy iy = a R• � R• O F 0 a� • aF A r / r a bri :ic3 , i =T— 4 E: u� �Y 1'r •[� =R7s *� l�f �r a'r all �4 Y 1 Ilr -• on 14 It N� li It 4 1 �4 4 All ti i .' r r♦ �. J 2' e -: ••� 1 , , . rP-�so , sus 1 ` l dR� F e [• i 0 Uyy iy = a R• � R• O F 0 a� • aF A r / r a bri :ic3 , i =T— 4 E: u� •[� =R7s *� l�f • Y N� li Ell Item No. 16116 COLLIER CoUNTYEMERGENCYSERVICES COMPLpAe 15 of 21 AND SOUTH REGIONAL LIBRARY REVISED DRAINAGE EASEMENT EXHO � � LEGAL DESCRIPTION ALL OF DRAINAGE EASEMENT A° AND A PORTION OF TRACT B" OF LELY RESORT PHASE TWO, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 18 AT PAGES 43 THROUGH 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF DRAINAGE E4SEMENT A' AS SHOWN ON THE PLAT OF LELY RESORT PHASE TWO, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 18 AT PAGES 43 THROUGH 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 04'0303" EAST, ALONG THE BOUNDARY OF S41D DRAINAGE EASEMENT A' FOR A DISTANCE OF 254.82 FEET,- THENCE RUN NORTH 573151 " EAST ALONG THE BOUNDARY OF SAID DRAINAGE EASEMENT A' FOR A DISTANCE OF 71.25 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE WESTERLY, WHOSE RADIUS POINT BEARS NORTH 41'19'470 WEST, A DISTANCE OF 100.00 FEET THEREFROM,- THENCE RUN NORTHERLY, ALONG THE BOUNDARY OF SAID DRAINAGE EASEMENT A' AND ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 92'09:T7' SUBTENDED BY A CHORD OF 144.06 FEET AT A BEARING OF NORTH 023526° EAST, FOR A DISTANCE OF 160.85 FEET TO THE END OF SAND CURVE- THENCE RUN NORTH 52'2056" WEST ALONG THE BOUNDARY OF SAID DRAINAGE EASEMENT A' FOR A DISTANCE OF 64.34 FEET' THENCE RUN NORTH 04'03'03" EAST ALONG THE BOUNDARY OF SAID DRAINAGE EASEMENT A' FOR A DISTANCE OF 10315 FEET; THENCE RUN SOUTH 8723'00" EAST, ALONG THE BOUNDARY OF SAID DRAINAGE EASEMENT A' FOR A DISTANCE OF 161.10 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY THENCE RUN SOUTHEASTERLY, ALONG THE BOUNDARY OF 541D DRAINAGE EASEMENT A" AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 72.00 FEET THROUGH A CENTRAL ANGLE OF 79'46'04' SUBTENDED BY A CHORD OF 92.34 FEET AT A BEARING OF SOUFH 4729'58" EAST, FOR A DISTANCE OF 100.24 FEET TO A POINT OF REVERSE CURVATURE THENCE RUN SOUTHEASTERLY, ALONG THE BOUNDARY OF SAID DR41NAGE EASEMENT A" AND ALONG THE ARC OF S41D CURVE TO THE LEFT HAVING A RADIUS OF 38.00 FEET, THROUGH A CENTRAL ANGLE OF 68'00'21' SUBTENDED BY A CHORD OF 42.50 FEET AT A BEARING OF SOUTH 4137'07' EAST, FOR A DISTANCE OF 45.10 FEET TO A POINT OF REVERSE CURVATURE; THENCE RUN SOUTHEASTERLY, ALONG THE BOUNDARY OF SAND DRAINAGE EASEMENT A" AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 112.00 FEET THROUGH A CENTRAL ANGLE OF 96'28'12' SU87ENDED BY A CHORD OF 167.08 FEET AT A BEARING OF SOUTH 2723'11 " EAST FOR A DISTANCE OF 188.58 FEET TO A POINT OF COMPOUND CURVATURE,- THENCE RUN SOUTHERLY, ALONG THE BOUNDARY OF SAID DRAINAGE EASEMENT V AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 988.00 FEET THROUGH A CENTRAL ANGLE OF 08'1251' SUBTENDED BY A CHORD OF 141.52 FEET AT A BEARING OF SOUTH 16'4429` WEST FOR A DISTANCE OF 141.64 FEET TO A POINT OF COMPOUND CURVATURE,- 7HENCE RUN SOUTHWESTERLY, ALONG THE BOUNDARY OF SAID DRAINAGE EASEMENT A" AND ALONG THE ARC OF S41D CURVE TO THE RIGHT, HAVING A RADIUS OF 112.00 FEET, THROUGH A CENTRAL ANGLE OF 20'01'12' SUBTENDED BY A CHORD OF 38.94 FEET AT A BEARING OF SOUTH 22'3B'470 WEST FOR A DISTANCE OF 39.13 FEET TO THE END OF SAID CURVE,- (CONTINUED ON SHEET 2 OF 3) CONSOLTIN6 [1,119IN11HR INK environmental - civil - structural . survey 15,521 a.».s MHO Fort My�r�. Flerltl. 339'12 (236) 276 -1692 FAX (23H) 2'18 -0922 H -MAIL tKw ®tlawpnllnw.wm Gorll(ICUUpn M 934 *THIS IS NOT A SURVEY DRAWN BY.. REG I JOB NO.: 05719.00 1 SHEET 1 OF 3 I LEGAL DESCRIPTION I COLLIER COUNTY EI/ERCErVCY SERVICES COMPLEX AND SOUTH REGIONAL LIBRARY STIMON P$ TOIIPSHIP 50 SOUTH, Mff6rX 26 "ST, DATE.- FEBRUARY 2007 DRAIYING: 05719 -DE -4 COLLIER COUNTY EMERGENCY SER VICES COMPLBA � 16 of 21 AND SOUTH REGIONAL LIBRARY REVISED IRA IN 4 GE E.9 SKI IEVT EXH81Ti LEGAL DESCRIPTION Page -- (CONTINUED FROM SHEET 1 OF3) THENCE RUN NORTH 86'2724' EAST FOR A DISTANCE OF 18.44 FEET TO A POINT LYING 40.00 FEET NORTHERLY OF AS MEASURED AT RIGHT ANGLES T0, THE NORTH RIGHT -OF -WAY LINE OF LELY CULTURAL PARKWAY, A 120.00 FOOT WIDE RIGHT -OF -WAY, AS SHOWN ON S41D PLAT OF LELY RESORT PHASE TWO,- THENCE RUN NORTH 55'0303' EAST, PARALLEL WITH S41D RIGHT -OF -WAY LINE, FOR A DISTANCE OF 629.57 FEET THENCE RUN SOUTH 04'03103" WEST FOR A DISTANCE OF 51.47 FEET TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF S41D LELY CULTURAL PARKWAY- THENCE RUN SOUTH 55'0303" WEST ALONG S41D RIGHT -OF -WAY LINE, FOR A DISTANCE OF 662.36 FEET TO A POINT ON THE BOUNDARY OF SAID DRAINAGE EASEMENT A; THENCE RUN NORTH 34'53'00' WEST, ALONG THE BOUNDARY OF SAID DRAINAGE EASEMENT A ; FOR A DISTANCE OF 41.35 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS NORTH 3130'18" WEST A DISTANCE OF 112.00 FEET THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE BOUNDARY OF SAID DRAINAGE EASEMENT A' AND ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 11200 FEET THROUGH A CENTR41. ANGLE OF 08'25'18; SUBTENDED BY A CHORD OF 16.45 FEET AT A BEARING OF SOUTH 62'4271 ' WEST, FOR A DISTANCE OF 16.46 FEET TO THE END OF S41D CURVE; THENCE RUN SOUTH 66-55'00- WEST, ALONG THE BOUNDARY OF SAID DRAINAGE EASEMENT A; FOR A DISTANCE OF 292.33 FEET TO THE POINT OF BEGINMNG, CONTAINING 3.911 ACRES, MORE OR LESS. NOTES: 1.) BEARINGS SHOWN HEREON REFER TO THE SOUTH LINE OF TRACT B" OF LELY RESORT PHASE TWO, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 18 AT PAGES 43 THROUGH 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING SOUTH 55'03103' WEST. 2) THIS PROPERTY 15 SUBJECT TO EASEMENTS, RESERVA7701VS AND /OR RESTRICTIONS OF RECORD. 3.) DIMENSIONS SHOWN HEREON ARE /N FEET AND DECIMALS THEREOF. SIGNATURE f CATS SIGr1ED. ERIC V. SANDOVAL (FOR THE FIRM - 0-734) PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 5223 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF FLORIDA LICENSED SURVEYOR AND MAPPER. THIS IS NOT A SUR VEY " T� DRANN BT PSG JOB NO.: 05719.00 SHEET 2 OF 3 � ® LEGAL DESCRIPTION CDNSDLlIN6 MINflu� K COLLIER CO(INTTEd(ERGENCrSERUCES COJ(PLEX .fND S0l1TH )?BC!O1VAl LIMR7 environmental . civil" structurol survey SBLTJON 22, MNWSff-ZP 50 S047W R ,%U 26 61ST, Flo 2Myt. a. Fo•1U� 9'12 CaU.WR CDOA'TY, FLORMI (�39) 2 >H -�B62 FA.X 1._�4) 2T6 -OJ�2 DATE. FEBRUARY 2007 DRAAINC: 05719 -DE -4 Ce.Yln.:elor. p T3.a April 24, 2007 COLLIER CoUNTYEMERGENCYSERVICES COMPLFEX 17 ol21 r � 6 ii 0' 100' 200' SCALE IN FEET oa � a i 1 AND SOUTH REGIONAL LIBRARY REVISED DRAINAGE EASEMENT paw —5 £DI.SON' COa1blUnlT)•COLLFC:E STRtPA- 462408 L>B22 TRACT "I; COLLIER COUNTY STRAPA: 462400B 25822 LEL Y RESORT PH,I SE TWO rP1aTB00h "1�, PaGES1, -J5I I ` / /:k• — 177 —� \� RIVIED �• DRALVACL J 4S1:S11"VT -� 1 / " "1pQ °rte" i POINT OF BEGINAM 1" LINE TABLE LNE BEARING LENGTH LI N572151 "E 7115' L2 NR22056 "W 6434' 1.3 N04 003'03 "E 103.15' 1.4 5872300 "E 161.10' L5 N86 °2724 "E 18.44' L6 SO4 °03'03 "W 51.47' L7 I N34 53'00" W 41.J5' CURVE TABLE CURVE RADIUS DELTA LENGTH CHORD BEARING C1 100.00' 92°0971" 160.85' 144.06' NO2 °35'28 "E CS 72.00' 19 °46'04" !0014' 9134' S47°1958 E 0 38.00' 68 °0071" 45.10' 4250" 54107 "E C4 IWO, 9628'11" 188.58' 767.OS' S272337'11 "E C5 988.00' 8 °1251" 141.64' 141.52' SI6°447Y "W C6 11200' 20°01'11" J9.13' 38-94' S21° °38'47 "W C7 11200' 82578" 16.46' 16.45' 562 °4271 "W "T•C CONSULTING ENSINEIR INC. environmental . civil. structurol . survey 66 01 Haaa�r Driw yr.., R�o'Id� 33012 (239) 2T8 -Y 982 FNC (2383 2TB -0922 E -MAIL tMw ®tMwdntlna.coT Gwn�I�caa�en ti Tas * THIS IS NOT A SURVEY * DRAWN BY. REG I JOB NO.: 05719.00 1 SHEET 3 OF 3 SKETCH TO ACCOMPANYLEGAL DESCRIPTION COI,LIM COUNTY FWROSM7 SERFICL'S COMPLEX .?NO SOUTA RE'C19A..4L LIBRARY srowN 22, 2T1(TNSN/P 50 SMITH R4NGL" 76 BAST, COLLTBR COUNTY, FLC"M DATE.. FEBRUARY 2007 1 DRAWING. 05719 -DE -4 w. WO tel.: -_ X 'Lti�m - _ -3L. . _ �. .... ... a I w N W Lu CD w o Ou V - G �a T1 L 2 - T _ -C _ _ J i 1 .; y±—}—tyq�� � IMM a Z m N �w a ¢w C JS Q N N J O ZW 3 0 _ wo [A LL U = O� CLKJ 6 J � ao U O W W °N f N � ay m W �o J m� 4 -- e. 5 .6§ -W£Y I i I Wa I e °e i [ 30 f 123" 1335 3NIl FYJ1tlH . `\\ g P m °w 6° p :a \ Jro\ \ �zz o u S♦ 4 P � 's 59 \ Jro\ \ �zz o u S♦ 4 59 . sp � and Y J a ':,8 ?�9x a� +no•• ��`�`: a` ra ¢ �x � Y� 59 . sp � and Y ¢ �x � Y� COLLIER COUNTY EMERGENCY SERVICES COMPLIX zo of 21 AND SOUTH REGIONAL LIBRARY REVISED DRAINAGE EASEMENT EXHIBIT rrA" ® COLLIER COUNTY 0' 100' 200' STRAPA42WVB25B22 SCALE IN FEET I EDISON COMMUNITY COLLEGE TRACT "B" STRAPA,4624MBISB22 LELYRESORTPHASETWO / 4 (PLAT BOOK I8, PAGES 43.45) c W Q I jva� REVISED R�G�� �F � DRAINAGEEASEMENT L6 / A p -/ W a33 OF I!]71t7 /� %7 /�I1N LINE TABLE LINE BEARING LENGTH Ll N579151 "E 7155' L2 N5212056 "W 64}4' L3 N04 °03'03 "E 10315' L4 S87'2i'00 "E 161.10' L5 N862774 "E 18.44' L6 S04003'03' W 51.47' L7 N34 S3'00" W 41-15' CUR VE TABLE CURVE RADIUS DELTA LENGTH CHORD BEARING CI 100.00' 91°09'31" 160.85' 14406' NO2 %528 "E C2 7200' 79 °46'04" 100.24' 92-74' S47 °2958 "E C3 38.00' 68°0027" 45.10' 4250' S4157'07 "E C4 112.00' 96°1872" 18858' I67.08' S2733'11 "E CS 988.00' 8 °1251" 141.64' 14152' S16 °44'29 "W C6 HIM' 20VI'12" 39.13' 3894' S2258'47" W C7 11200' 8°2578" 16.46' 1645' S 62'4131 " W T� CONSULTING ERIC INC. environmental . civil. structural . survey Mon =vlr�a.T'aepd �zaa >zTe -�aaz vAx tzaat zTa -oaz2 E -MAIL tlaw�tKwpnlln..com G9nitic.tlon p T34 * THIS IS NOT A SURVEY * DRAWN BY.• REG I JOB NO.: 05719.00 1 SHEET 3 OF 3 SKETCH TO ACCOMPANYLEGAL DESCRIPTION COLLIER COUNTY h.IIA'ROENCT SERUCES' COWPLEX AND SOUT9 REGIONAL LIBRdRT SW770W 2P, 719,r".MP 50 SOUTH.. R 07Z PS d9ST, DATE: FEBRUARY 2007 1 DRAWING: 05719 -DE -4 N x 1 \ W L } m \. d d O \ U � \ U I Cl) d N L C4- 0 ° Ln x £ 1011 d w d uS 01 U 'I' C O N \ d T L J I} L N m 3 O � U 0� L IL L7 L7 O o oa U x L 3. d N 0 � U) N L N 3 z U J � 0 I S . I 0 N U. L� N Ii 0) L i' N F— Z W W c ti UA 4 $ ui CD M 0 n •r f �..w�, ., 1 N x 1 \ W L } m \. d d O \ U � \ U I Cl) d N L C4- 0 ° Ln x £ 1011 d w d uS 01 U 'I' C O N \ d T L J I} L N m 3 O � U 0� L IL L7 L7 O o oa U x L 3. d N 0 � U) N L N 3 z U J � 0 I S . I 0 N U. L� N Ii 0) L i' N F— Z W W c ti UA 4 $ ui CD M 0 Agenda Item No. 16E7 April 24, 2007 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to confirm approval of the Starnes property as a Category A property on the fourth Conservation Collier Active Acquisition List and direction for the County Manager or his designee to actively pursue this property, considering an actual appraisal value that is significantly higher than originally estimated. OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) to pursue acquisition of the Starnes property, listed as a Category A property on the fourth Conservation Collier Active Acquisition List, and give direction for the County Manager or his designee to actively pursue the Starnes property, considering an actual appraisal value that is significantly higher than originally estimated. CONSIDERATIONS: In January 23, 2007, Conservation Collier staff came before the Board requesting approval of a recommended Active Acquisition List (AAL) for the fourth Conservation Collier acquisition cycle. Information regarding estimated value of the properties was provided at that time. Approval was given by the Board for a modified AAL (copy attached) listing the Starnes property in the "A" category, with an estimated value of $3,610,000. Staff subsequently moved forward to obtain 2 independent appraisals in order to make an offer that is the average of the two appraisals, pursuant to Conservation Collier Purchase Policy (Resolution 2003 -195). The Starnes appraisals came back at a value significantly higher than what was originally estimated, primarily due to newer market data, including a pending Lee County Conservation 20/20 purchase of similar size in the same area. Collier County's original estimate of value for Starnes was provided in 5/2006 at $9,000 to $12,000 per acre. The 404 acre Conservation 20/20 program parcel was offered to Lee County in 11/2006 at $14,590 per acre. This estimated market value was obtained from appraisals dated 8/2006 and 9/2006 and was unavailable at the time of Collier County's original Starnes estimate. The following appraisal value information was provided to Conservation Collier staff on April 4, 2007 by the Collier County Real Estate Services Department staff: Starnes property — 367.7 acres. The average of the two appraisals will be $5,332,000. Coastal Engineering Consultants: $5,516,000/$15,001.36 acre Gallion - Wilson, L.L.0 (Westberry): $5,148,000/$14,000.54 acre This new information was presented to the Conservation Collier Land Acquisition Advisory Committee at their regular April 9, 2007 meeting, who by a unanimous vote recommended the Board confirm approval. FISCAL IMPACT: The cost of this parcel will be $1,722,000 more than originally estimated. The Corkscrew Regional Ecosystem Watershed (CREW) partnership contribution will be $300,000, so the actual property cost will be $5,032,000. Funds are available in the following budget: 172 - 178986. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: The Conservation Collier Purchase Policy (Resolution 2003 -195), in Section II(A)(2), provides an approved policy for making purchase offers where the estimated value of the property exceeds $500,000, This policy incorporates federal and state land acquisition procedures. Recommendation by the Board to approve an offer that is the average of two narrative appraisal reports secured from licensed independent real estate appraisers on Collier County's and the Florida Division of State Land's list of approved appraisers falls within this legal framework. RECOMMENDATION: That the Board of County Commissioners authorizes the County Manager or his designee to actively pursue the Starnes property, considering an actual appraisal value that is significantly higher than originally estimated. PREPARED BY: Alexandra J. Sulecki, Sr. Environmental Specialist, Facilities Management Dept. Agenda Item No. 16117 April 24, 2007 Page 2 of 3 _.. Rnard Approved Active Acquisition List - -_ _ - Name Estimated Value Size (ac Estimated Value per acre List Category Priority Designation for "A" Category Properties Hamilton $1,500,000 194 $7,732 A 1 Karen $900,000 0.68 $1,323,529 A 1 Mcllvane Marsh Calo $940,000 40 1 $23,500 A 1 Connolly Trust $630,000 70 $9,000 1 A 1 Predmore/Rivers $215,000 19.54 $11,003 A 1 Price $215,000 20 $10,750 A 1+ RJS LLC $408,000 51.02 $7,997 A 1 Scherer $720,000 80 $9,000 A 1 West $40,000 2.02 $19,802 A 1 netting $171,000 2.28 $75,000 A ] RR land Trust $9,000,000 60 $150,000 A 1 Starnes $3,610.000 367.7 $9,818 A 1 Winchester Head $3,339.600 132 $25,300 No Mal decision - Continued 1 Fleischmann North - 13 acres $2,000,000 13 $153,846 A Subtotal $23,688,600 1039.24 Camp Kcais Strand Bortnick $10,000 5 52,000 B Campbell $101000 5 $2,000 B DarbV Tr $10,1100 5 $2.000 B Dickoa 590,0011 75 $1,200 B Dinda/Walsh $10,000 5 $2,000 B Freeman $10,000 5 $2,11110 B Griffin $10,0110 5 $2,000 B Hamilton $9,550 4.77 $2.002 B McSwain $10,000 5 $2,000 B Rudolph $18,000 10 51,8110 B Schaab $5,000 2.5 $2,000 B Street $5,000 2.5 $2,000 B Tucker $20,000 10 $2,000 B Winebrenner $10,000 5 $2.000 B 1 -75 Properties ALM LLC $26L000 6.7 $38,955 B Ar av $270,000 7.05 $38,298 B Arias $322,000 6.94 $46,398 B Avra $147,000 3.18 $46,226 R Fernandez $175,000 3.35 $52.239 B Mohabir $260,000 6.7 $38,806 R Velez 5260,000 6.76 $38,462 B Kirby $90,000 1 $90,000 B Murphy $190,1100 1 $190,000 B Red Maple Swamp Preserve (NGGE Unit 53 ) $10,605,000 176.75 $60,000 B Subtotal $12,807,550 364.2 Abercia $1,144,102 9 1 $127,122 C Blake $167,000 4.77 $35,010 C Campbell (4 TDRs ) $86,000 4.77 $18,029 C Narsiff -2 $650,000 21.88 $29,707 C Peters Conservation Easement $86,240 5 $17,248 C Subtotal ' $989,240 >36.42 Total $37,485,390 1439.86 Agenda Item No. 16E7 April 24, 2007 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16E7 Item Summary: Recommendation to Confirm approval of the Starnes property as a Category A property on the fourth Conservation Collar Active Acquisition List and direction for the County Manager or his designee to actively pursue this property considering an actual appraisal value that is significantly higher than originally asvmated. Meeting Date: 412412007 9 00 00 AM Prepared By Alexandra J. Solecki Senior Environmental Specialist Date Administrative Services Facilities Management 4116120073x46:32 PM Approved By Toni A. Meet Real property Supervisor Date Administrative Services Facitities Management V1612007 5:33 PM Approved By Ron Rovell Principal Project Manager Date Administrative Services Facilities Management 4116120078'. Ad PM Approved By Jennifer A. Britoil. Assistant County Ahomey Date Come, Ahomey County Attorney Office 411712007 9.07 AM Approved By Len Golden Price Administrative Services Administrator Date Adermstrative Services Atlministrative Services Admin. 411712 00 7 10 25 AM Approved By MIS Coordinator Admini$rative Assistant Date Cuerc, Manager's Office Cfiice of Management E Budget 4/1812007 0.05 AM Approved By Laura Davlsaoe Management B Budget Analyst Date County Manager's Office Office of Management A Butlget 411812007 4.00 AM Approved By Mark hockson Budget Analyst Data County Managers Office Office of Management 6 Budget 4118120079:15 AM Approved By James V. Mudd County Manager Date Brand of County Cemanneemners County Manager's Office 41111120071:51 PM Agenda Item No. 16F1 April 24, 2007 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to accept an awarded Volunteer Fire Assistance Matching (50150) Grant from the Florida Division of Forestry for the purchase of wildland firefighting equipment and approval of necessary budget amendments to recognize and appropriate revenue in the amount of $3,340.98. OBJECTIVE: To accept the award of a Volunteer Fire Assistance Matching (50150) Grant from the Florida Division of Forestry to fund the purchase of wildland firefighting equipment and approval of the necessary budget amendments. CONSIDERATIONS: The Isles of Capri Fire and Rescue District has received this type of grant from the Division of Forestry in past years, including $1,998 awarded in June 2006 and $2,779 awarded in September 2006. The grant will be used to purchase equipment to improve firefighter safety and firefighting capabilities. FISCAL IMPACT: The total cost of the wildland firefighting equipment is $3,340.98. As this is a 50150 matching grant, the Division of Forestry will pay $1,670.49 leaving the Isles of Capri Fire/Rescue Department to provide $1,670.49 from the contingencies line of Fund 144 (Isles of Capri Fire Rescue). The attached budget amendments are necessary to recognize and appropriate $1,670.49 in revenue and transfer $1,670.49 from Reserves for Contingencies to Fund 118 Emergency Management and Fire Grants. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: To accept an awarded Volunteer Fire Assistance Grant from the Florida Division of Forestry to fund the purchase of wildland firefighting equipment and to approve the related budget amendments. PREPARED BY: Emilio Rodriguez, Fire Chief Agenda Item No. 16F1 April 24, 2007 Page 2 of 4 Prepared By COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16F1 Item Summery: Recommendation to accept an awarded Volunteer Fire Assistance Matching (50150) Grant from the Florida Division of Forestry for the purchase of vooland firefighting equipment and Isles of Capri Fire Rescue approval of necessary budget amendments to recognize and appropriate revenue in the Commisslonere amount of 53,340.98. Meeting Date: 412412007 9'00.00 AM Prepared By Rod Rodriguez Fire Chief Data Board of County Isles of Capri Fire Rescue 41912007 2:19:14 PM Commisslonere Approved By Rod Rodriguez Fire Chief Me Board or County Isles of Capn Fire Rescue 411012007 10:04 AM Cammissionen Approved By Marlene J. Foots Grants Coordinator Data Administrative Services Administrative Services Adman. 4111120074:26 PM Approved By Dan E. Summers Bureau of Emergency Services Director Date County Manager's Office Bureau of Emergency Seances 411212D07 3:40 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management 8 Burner 41131EDW 9:25 AM Approved By Michael Smykowsal Management B Bud,. Director Date Counry Managers Offce Ofies of Management B Budget 4A31200710,47 AM Approved By James V. Mudd County Manager Data Board of County County Managers Office 411412007 10 30 AM Commissioners "�_4- 05 -'07 12:99 FROM- Forest Protection 8504884445 FLORIDA.DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DIVISION OF FORESTRY FOREST PROTECTION BUREAU T- 164gAggjl jAg.. g� April 24, 2007 Page 3 of 4 FAX COVER PAGE PAGE I OF A 2 PAGE TRANSMISSION TO: Volunteer Fire Assistance Grant Recipient Matt Weinell, Fire Resource PHONE: 850/488 -6271 or 488 -6111 Fax: 850/488 -4445 Attached you will find a list of approved items for purchase through the VFA Grant Program. The "AMOUNT APPROVED" column lists the amount that was approved to spend, the column marked °F) ?D COST SHARE (50 910) " is the total possible amount to be reimbursed. The recipient can spend up to tt e approved amount, but will only get reimbursed for half of that amount. Please remember to provide the complete Proof-of-Purchase package (ex. copy of check, invoice with zero balance) for approved items to be reimbursed. Invoices must be stamped paid and indicate a chi ck number. Send Proof -of- Purchase package with Certificate of Expenditure to our office for reimbursement: c/o VFA Grants -Room 159 Division of Forestry 3125 Conner Blvd. Tallahassee, FL 32399 -1650 The Certificate of Expenditure must be signed and notarized and returned with the Proof -of- Purchase package. Copies of the Certificate of Expenditure can be found on our website at: http: / /www.fl- dof.00ra/wildfirevfd lixants html , Remember that the sooner the proof -of- purchase package is returned, the sooner the 50% reimburse will be processed. 04- 05 -'07 12:09 FROM- Forest Protection —i 1 LL 1 I � 1 .a. I U) 1 p U ! J W 1 � A I W 1 i LL i t Q i i LL i Q a � 1 odi o i• 1 O A i CV i Y 1 1 i i Y 1 _1 1 i 1 1 i z 0 a it U n it m 2 U) z N C W G a o � •� z rn � E o E U O w V LL Cr O m H g 7 C O U L 0) U 0 ^ U I o" a; d r'Y rn s v It 0 N N ai ° (J 0 c O NI m o: mi a 1• � N C N i a i w 1 e I o N j � M I tl1 1 w I M a 0 r r 0. W W K ti 8504884445 T- 167AgjrW� &lg -�gpj April 24, 2007 Page 4 of 4 a m CL ^ O N O a T a m f- Agenda Item No. 161-11 April 24, 2007 Page 1 of 3 EXECUTIVE SUMMARY Commissioner request for Board approval for payment to attend function serving a valid public purpose. OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations /organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Fred Coyle FUNCTION/EVENT: Naples Sailing & Yacht Club Men's Speaker Luncheon at the Naples Sailing & Yacht Club, located at 896 Riverpoint Drive in Naples, Florida. PUBLIC PURPOSE: Meet and interact with local community leaders and representatives as well as serve as a guest speaker to provide views regarding current issues facing the County. DATE OF FUNCTION /EVENT: March 15, 2007 FISCAL IMPACT: $9.95 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with resolution No. 99 -410, approve reimbursement by the Clerk for meals provided to Commissioner Fred Coyle while serving a valid public purpose. PREPARED BY: Sandra Lea, Executive Aide to BCC 1. Agenda Item No. 16H1 April 24, 2007 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16HI Item Summary: Commissioner Coyle requests approval for reimbursement for attending a function serving a valid public purpose. Attended as a guest speaker at Naples Sailing 8 Yacht Club Man's Speaker Luncheon on March 15. 2007. $9.95 to be paid from Commissioner Coyle's travel budget. Meeting Date: 412412007 9'.00.00 AM Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 419120072'41 I'M Commissionen Approved By James V. Mudd County Manager Date Board of County County Managele Office 4112120D71:11 pit Commissioners Agenda Item No. 161-11 Invoice 03 -15 -07 CUSTOMER: Bill To: Fred Coyle Ship To: SAME Mr. Fred Coyle Board of County Commissioners 3301 E Tamiami Trall Naples FL 34112 NAPLES SAILING & YACHT CLUB Phone: 239 - 774 -0424 896 RIVER POINT DRIVE Fax:239- 775 -1550 NAPLES FL 34102 E -mail: l? R w'w7 Date 3 -15 -0] Your Order I Our Order i Sales Rep. FOB Ship Via Terns Tax in 1 u'neh Lunch for Men's Speaker 3 -15-07 9.95 9.95 Quantity item Units Description Discount % Taxable Unit Price Total 1 u'neh Lunch for Men's Speaker 3 -15-07 9.95 9.95 0 Subtotal 9.95 Tax 60 Shipping Miscellaneous Balance Due 10.55 Customer ID: Date: Amount Due: Amount Enclosed: NAPLES SAILING & YACHT CLUB Agenda Item No. 161-12 April 24, 2007 Page 1 of 3 EXECUTIVE SUMMARY Commissioner request for Board approval for payment to attend function serving a valid public purpose. OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations /organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Frank Halas Economic Development Council VIP Breakfast at the Hilton Naples. PUBLIC PURPOSE: Meet and interact with local community and business leaders. DATE OF FUNCTION/EVENT: May 2, 2007 FISCAL IMPACT: 521.53 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with resolution No. 99 -410, approve reimbursement by the Clerk for meals provided to Commissioner Frank Halas while serving a valid public purpose. PREPARED BY: Sandra Lea, Executive Aide to BCC Agenda Item No 16H2 April 24, 2007 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: iGH2 Item Summary: Commissioner Hales requests approval for reimbursement for attending a function serving a valid public purpose. Attending the Economic Development Council VIP Breakfast at the Hilton Naples on May 2, 2007. $21.53 to be paid from Commissioner Halas travel budget. Meeting Date: 412412007 9'.00:00 AM Approved By Sue Filson Executive Manager to the BCC Date Boerd of County Commissioners BCC Office 411 0120 07 11: 42 AM Approved By James V. Mudd County Manager Date Boa. of County County Managers Office 41121ZOp71:18 PM Commissioners r 0& -2x f7EDCBoardoFDimrfm airman chard C. Grant esident Grant, Trial Pearson, Athan & Crown, PA. Immediate Past Chairman Todd E. Cates President and CEO Cates Mi Chairown Elect Julie A. Schmetzle Senior Vice President Bank of America President Tammie I. Nerni Economic Development Council of Collier County Vice Presii Carlos Diaz President & CEO Gulf Coast American Fahrication Kent S. Ellen Re Tonal President Gu1t Coast Region Wachovia Carol E Girardin Partner Larson Allen CPAs, Consultants and Advisors David A. Hart---._-- - Vice President of Government Relations WCI Communities Directors Jeff Allbritten President Collier Campus Edison College Buddy Brunker Pul, Ic Affairs Ma nags, EMBARQ Kevin D. Cooper GeneaI Counsel / Chief of Staff NCH Healthcare System Lily DeBlienX CEO Widespread Technologies Thomas I. Flood President and CEO Collier Enterprises Ltd. John M. Glc m Vice President The Bonita Bay Group Brian L. Goguen Vice President of Real Estate Barron Collier Companies Nicholas I. Healy Jr. Prresidem A Marla University Thomas "Chad" Lund Vice President Lund Capital Group Terry McMahan President International College William H. Morgan Senior Vice President Fifth Third Bank Robert Mulhere Vice Presdent RWA. Inc. William R. O'Neill Attorney at Law Roetzel & Andress Timothy C Parry Sr. Vice President & General Counsel Health Management Associates Dr. Richard Pegnetter In erm President Florida Gulf Coast University Jnhn Pinholster Senior Vice President Kraft Construction Alan Reynolds Chairman & CEO WilsonMiller Susan Takacs Associate Administrator Physicians Regional Medical Center - Apri(5, 2007 Commissioner Frank 9lalas Catrwr County Commissioner 3301 7amiami Trail East Bldg. F 3' Floor Naples, FL 34112 Agenda Item No. 161-12 MW ECONOMIC DEVELOPMENT COUNCIL - -- of Collier County, Florida Growing Great Ideas 3050 North Horseshoe Drive, Suite 120 Naples, Florida 34104, USA 239.263.8989 • Phone 239.263.6021 a Fax 1.866.eNaples • Toll Free edc@eNaplesFiorida.com www.eNa iesFiori .com Ce��- A/ 53 Dear Commissioner Aalas: Please be ourguest andjoin EDC Benefactor, Foundations and Premier members at the next "VIP Breakfast. Details are as follows: �eciaCC3uest_Presenter_ ]. jefiardwunro Former CEO of Time 'Warner Date: Wednesday, May 2, 2007 mane: 7:30 - 9:00 am_ Location Spons The Hilton Naples 5111 7amiami grail North Naples, FL 34103 This member benefit for leading EDC members wiiibe a goodsource of information for you, while supporting the most dynamic business organization in Collier County. Please RSVP b. �Lpril20'F to Maureen Christensen, EDC, at 239-263-8989, Ext. io6. Best Regards, Maureen Christensen Investor Relations Manager Agenda Item No. 16H3 April 24, 2007 Page 1 of 5 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. Jim Coletta FUNCTION /EVENT: 2007 Leadership Collier Glass Graduation PUBLIC PURPOSE: To support the new leaders of Collier County and respresent the Commission as Chairman and Commissioner of District 5 DATE OF FUNCTION /EVENT: May 11, 2007 FISCAL IMPACT: $50.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Jim Coletta to attend function serving a valid public purpose. PREPARED BY: Nancy Rosiak, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: Apri124, 2007 Agenda Item No. 16H3 April 24, 2007 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16H3 Item Summary: Commissioner Colette requests approval for reimbursement for attending a function serving a valid public p.,bse. Commissioner paid In advance to attend the Leadership Collier Class of 2007 Graduation on May 11, 2007 and Is requesting reimbursement in the amount of $50.00, to be paid from his travel budget. Meeting Date: 412412007 9'.00:00 AM Prepared By Nancy Resnik Executive Aide to the BCC Oat. Board of County Commissioners BCC Once 411012007 11:15:41 AM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioner BCC Office 41101200711:41 AM Approved By James V. Mudd Count, Manager Date Ream of Ceunry Commenium.r County Manager's Office 4112120071:20 PM >/) } }_ ( \ 2 ) } , { � �2 �7 \/ f ,§ �§ }� �e \� �} - |* \ \ � 2 % .o k } cqm \ � 0 a : ( /§« . «g ia S �\ o \bk . . U4 2�w} a m�k q j)§ 0 � ƒ\� � _ E � \ \/ j\\® o Elf] &� jo \ �\ t4 Z! LL(% \ 2 ) } , { � �2 �7 \/ f ,§ �§ }� �e \� �} - |* \ \ � 2 % .o k § \ � a ( /§« . «g � 3 §_ o \bk � U4 2�w} a m�k q j)§ � ƒ\� � _ z � \ \/ \� o �/= &� U \ �\ t4 Z! \ � § � � . . � � 2 ) } , { � �2 �7 \/ f ,§ �§ }� �e \� �} - |* \ \ % ( U4 2�w} \� zo &� \ �\ t4 Z! - � o K o\ t m® � 2 ) } , { � �2 �7 \/ f ,§ �§ }� �e \� �} - |* \ \ Agenda Ite s.; RP April 24, 2007 Page 4 of 5 Class Member Name: Commissioner Jim Coletta Business: Collier County Government # Attending: _Q NE Amount of check or charge 550.04 Name of Guest as you would like it to appear on the nametag : im Colette Please make checks payable to The Leadership Collier Foundation For Credit Card Information Type: Visa MC AmEx Discover Account # Expiration Date. Signature class member Fax to 262 -8374 or Mail to Didem Guler The Greater Naples Chamber of Commerce 2390 Tamiami Trail North, Suite 210, Naples, FL 34103 Register online www.napieschamber.org Pi: eyn Cguler Public SerVice Gvardino for 7-Az 9renter Naples Gfwvn6r o f c afnv urce 2340 Taaniafn i Trail N. 5te.Z10 Naples, FL 3¢103 (431) 4.03 -,L703 4/4/2007 Agenda Item No. 16H3 April 24 Pa 3301 East Tamiami Trail • Naples, Florida 34112 - 4977 (239) 774 -8097 • Fax (239) 774 -3602 Donna Fiala District 1 Frank Hales District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 Ms. Didem Guler The Greater Naples Chamber of Commerce 2390 Tamiami Trail North, Suite 210 Naples, FL 34103 April 4, 2007 RE: Leadership Collier Class of 2007 Graduation Dear Ms. Guler: Thank you for your invitation to join you on May 11, 2007 for the 2007 Leadership Collier Class Graduation. I am pleased that you included mein your invitation and byway of this letter am letting you know that I plan to attend. Per my "no gift policy" I am enclosing herewith my personal check for $50.00 to cover the cost of my dinner. I'm looking forward to this meeting and will see you then. Sincerely, �Ii­nn o etta, Chairman Commissioner, District 5 jimeoletta@colliergov.net JC: nkr Encl: Personal Check for $50.00 Agenda Item No. 161-14 April 24, 2007 Page 1 of 4 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTION/EVENT: EDC's 2007 Best Places to Work in Collier County Breakfast and Awards Presentation PUBLIC PURPOSE: To represent the County as Chairman and Commissioner of District 5 DATE OF FUNCTION/EVENT: May 3, 2007 FISCAL IMPACT: $40.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Jim Coletta to attend function serving a valid public purpose. PREPARED BY: Nancy Rosiak, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: April 24, 2007 Agenda Item No. 16H4 April 24, 2007 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16H4 Item Summary: Commissioner Colette requests approval for reimbursement for attending a function serving a veto but oc purpose- Commissioner paid In advance to attend the EDC's 2007 Best Places To Work Breakfast and Awards Presentation on May 3, 2007 and Is requesting reimbursement In the amount of $40.00, to be paid from his travel budget Meeting Date: 412412007 9'.00.00 AM Prepared By Nancy Rosiak Executive Aide to the BCC Data Board of County Cammissloners BCC Office 41111200711: 33: 29 AM Approved By Sue Filson Executive Manager to the BCC Data Board of County Commissioners BCC Office 41111200711: 36 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Managers Office 4112120071:22 PM Agenda Item No. 16H4 The Economic Development Council of AP Page 3 of -Collier County and HR Collier Cordially Invites You to Attend the 2 00 7 "�BEST places to work COLLIER COUNTY Thursday, MaY 3, 2007 i:3o a.m. Registration 8:0o a.m. Breakfast and Awards Presentation Hilton Naples 5111 Tamiami Trail North Naples, FL - $40.00 Members $SO.00 Non- Memberg , Join us as we recognize and honor the Best Places to Work in Collier County. Please RSVP by Monday, April 30, 2007 YOU MAY NOW REGISTER ON -LINE AT: www.eNaplesFIorida.com with your Visa or Mastercard No cancellations refunded after April 30, 2007 f fr AMM HR Collier Growing Great Ideas at t tNVNFSq�,, Rg. T. A-E • �WMJer EMBARQ _ i��n rye. o.m, iiw,mro.eew.enro �SFNS GJ. MARIA t111f YFIYN<OIIIIIlfSC6L- viYnn E 200'7 Best Places to Work E ONE °° % Awards Presentation `°"""`� ° 1S AVE MARIA Thursday, May 3, 2007 DEVELOPMENT. LI.LE $40.00 EDC Investors - $5o.00 Non Members 7:3o a.m. Registration 8:oo a.m. Breakfast and Awards Presentation -Name: Company Name: Address: City: E -Mail: State: Phone: Method of Payment: $40.00 EDC Investors - $50.00 Non - Members Check: Credit Card: MClVI orAmex Name as it appears on credit card: Payment must be recieved prior to event date REGISTER ON LINE with your Visa or Master Card at www.eNaplesFIorida.com Mail: Economic Development Council of Collier County 3050 North Horseshoe Drive, Suite 120, Naples, FL 34104 Fax: (239) 263 -6021 - Phone: (239) 263 -8989 E -mail: beth @eNaplesHoridaxom - M Growing Great Ideas Agenda Item No. 161-15 April 24, 2007 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Donna Fiala FUNCTION/EVENT: 4 -H Foundation Luncheon PUBLIC PURPOSE: To participate in the 4 -H Foundation Luncheon and network with constituents. DATE OF FUNCTION/EVENT: Tuesday, April 10, 2007 FISCAL IMPACT: $9.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -41.0, approve payment by the Clerk for Commissioner Donna Fiala to attend function serving a valid public purpose. PREPARED BY: Kendra Hastings, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: Tuesday, April 24, 2007 Agenda Item No. 161-15 April 24. 2007 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16H5 Item Summary: Commssoner Fiala requests board approval for reimbursement for attending a function serving a valid ruble purpose. Attended the 4 -H Foundation Lunchean on Tuesday, Apnl 10 2007 at the First United Methodist Church, 58.00 to be paid from Commissioner Fife s travel budget Meeting Date: 4/2412007 9.00'.00 AM Prepared By Kendra Hastings Executive Aide to the BCC Date Board of County Commissioners BCC Office 4111120073: 4042 PM Approved By Sue Flson Executive Manager to the BCC Clete Board of County Commissioners BCC Office 401 20077:36 AM Approved By James V. Mood County Manager Date Board of County Commissioner County Manager's Office 4/1212007126 PM Agenda Item No. 16H5 April 24, 2007 Page 3 of 3 SHEILAH M. CROWLEY 2743 BUCKTHORN WAY PHONE (239) 261 -5441 NAPLES, FLORIDA 34105 -3016 FAX (239) 261 -6641 Agenda Item No. 161-16 April 24, 2007 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. Donna Fiala FUNCTION/EVENT: Collier Republican Club Business Meeting PUBLIC PURPOSE: To participate in the Collier Republican Club Business Meeting and network with constituents. DATE OF FUNCTION /EVENT: Monday, April 9, 2007 FISCAL IMPACT: $12.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Donna Fiala to attend function serving a valid public purpose. PREPARED BY: Kendra Hastings, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: Tuesday, April 24, 2007 Agenda Item No 16H6 Apri124,2007 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16116 Item Summary: Commissioner Fiala requests Board approval for reimbursement for attending a function serving e valid public purpose. Attended the Collier Republican Club Meeting on Monday. April 9, 2007 at the Clubhouse at Bridgewater Bay, $1200 to be paid from Commissioner Fiala 'a travel budget. Meeting Date: 4/242007 9'.00'.00 AM Prepared By Kendra Hastings Executive Aide to the BCC Data Board gf Caunty Commissioners BCC 01I 4111120074:01:20 PM Approved By Sue Filson Execubve Manager to the BCC Data Board of County Commissioners BCC Office 411212007 735 AM Approved By James V. Mudd County Manager Data Board of County Commissioners County Manager's Office 4112128071:28 PM Agenda PN49 H6 April 24, 2007 Page 3 of 3 HastingsKendra From: on behalf of Fiala d Subject: FW: NOTICE FROM PRESIDENT CONNIE THOMAS - CRC APRIL MEETING From: Mike Stang [mailto:mbstang @comcast.net] Sent: Wednesday, April 04, 2007 2:13 PM To: Mike Stang Subject: NOTICE FROM PRESIDENT CONNIE THOMAS - CRC APRIL MEETING COLLIER REPUBLICAN CLUB APRIL 9, 2007 THE CLUBHOUSE AT BRIDGEWATER BAY 6:00 PM — 6:45 PM Social ($12 pp charge) 6:45 PM — 8:00 PM Program & Business Meeting Program: Student speakers will be debating "Democracy is overvalued by the United States government ". These students are on a local debate team that competes in the National League for Home Schooled Students (ages 12 -18). They are preparing for their Regional Qualifying Tournament that will be held at Edison College in early May. The students are assigned affirmative or negative position just before the round and will debate both sides of this burning issue about democracy. Come and celebrate being a Republican with like minded friends. This should be an interesting program, bring a friend and let's support these great students. Please remember to wear your name tags. RSVP: 239 - 298 -0512, col.l-ierrepelub@aol.com aol.com or reply to this email. 4/11/2007 Agenda Item No. 16H7 April 24, 2007 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. Donna Fiala FUNCTION /EVENT: Leadership Collier Class of 2007 Graduation PUBLIC PURPOSE: To participate in the Leadership Collier Class of 2007 Graduation and network with constituents. DATE OF FUNCTION /EVENT: Friday, May 11, 2007 FISCAL IMPACT: $50.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Donna Fiala to attend function serving a valid public purpose. PREPARED BY: Kendra Hastings, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: Tuesday, April 24, 2007 Agenda P1 -Q 99&7 April 24, 2007 Page 2 of 3 HastingsKendra From: Didem Guler Ididem @napleschamber.org] Sent: Monday, April 02, 2007 1:48 PM To: Jessica Kardas Subject: Class of 2007 Graduation Leadership Collier'FoundadQn, Inc. The Leadership Collier Foundation, Inc. in conjunction with the Greater Naples Chamber of Commerce invites you and a guest to attend the Leadership Collier Class of 2007 Graduation Naples Beach Hotel and Golf Club _. 851 Gulf Shore Blvd. North ( Watkins Lawn ) Friday May 11, 2007 6.30pm - 7.15pm Cocktail Hour Cash Bar 7.•15pm - 9: 00 pm Ceremony & Dinner Please RSVP to Didem:Znanleschamber.org By Monday April 30"' Join us at the 25th Annual Chamber Golf Tournament before welcoming the Newest Class into the Leadership Collier Alumni Network! Please R.S.V.P. by April 30, 2007 with Class Member Name TXjyl /1 Business or credit card payment. Ic!3"ending I Amount of check or charge �o.0 0 Name of Guest as you would like it to appear on the nametag Don ftF- Gtr (/-,- Please make checks payable to The Leadership Collier Foundation For Credit Card Information Type: Visa MC AmEx Discover 4/5/2007 Agenda Item No, 16H7 April 24, 2007 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 11H7 Item Summary: Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will ahead the Leadership Collier Class of 2007 Graduation on Friday. May 11. 2007, at the Naples Beech and Golf Hotel: $50.00 to be paid from Commissioner halo's travel budget. Meeting Date: 4/24/2907 9'.00 00 AM Prepared By Kendra Hastings Executive Aide to the BCC Data Board of County Commiseloners BCC Office 411112007 4:12:06 Ple Approved By Sue Filson Executive Manager to the BCC Data Board of County Commissioners BCC Office 4112120077: 35 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 4112/2007 3:35 PM Agenda Item No. 1611 April 24, 2007 Page 1 of 4 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE April 24, 2007 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Minutes: (1) Bayshore /Gateway Triangle Local Redevelopment Advisory Board: Agenda for February 6, 2007 Workshop; Minutes of February 6, 2007 Workshop; Agenda for February 6, 2007 Meeting; Minutes of February 6, 2007 Meeting. (2) Coastal Advisory Committee: Minutes of February 8, 2007; Minutes of January 11, 2007; Minutes of December 14, 2006. (3) Radio Road Beautification M.S.T.U. Advisory Board: Agenda for March 20, 2007; Minutes of February 20, 2007; (4) Citizens Corps Advisory Committee: Minutes of January 17, 2007; Agenda for January 17, 2007; Minutes of February 21, 2007; Agenda for February 21, 2007. (5) Collier County Planning Commission: Agenda for March 15, 2007; Agenda for March 1, 2007; Minutes of January 4, 2007; Agenda for February 15, 2007; Minutes of December 21, 2006. (6) Immokalee Master Plan and Visioning Committee & Community Redevelopment Agency Advisory Board /Enterprise Zone Development Agency: (a) Immokalee Enterprise Zone Development Agency & Community Redevelopment Agency Advisory Board: Agenda for January 17, 2007; Minutes of January 17, 2007. HADATATRONT DESK - 2007\2007 Miscellaneous Correspondence \042407 misc_corr.doc Agenda Item No. 1611 April 24, 2007 Page 2 of 4 (b) Community Redevelopment Agency Advisory Board and Immokalee Master Plan and Visioning Committee: Agenda for January 17, 2007; Minutes of January 17, 2007; Agenda for January 31, 2007 Special Meeting; Minutes of January 31, 2007 Special Meeting; Agenda for February 21, 2007; Minutes of February 21, 2007. (c) Enterprise Zone Development Agency /Community Redevelopment Agency Advisory Board: Agenda for January 17, 2007; Minutes of January 17, 2007; Agenda for February 21, 2007; Minutes of February 21, 2007. (7) Emergency Medical Services Advisory Board: Minutes of January 30, 2007; Minutes of February 28, 2007. (8) Pelican Bay Services Division Board: Agenda for March 7, 2007; Minutes of February 7, 2007; Agenda for February 26, 2007 Special Meeting; Minutes of February 14, 2007 Workshop. (9) Bayshore Beautification M.S.T.U. Advisory Committee: Minutes of February 7, 2007; Agenda for March 21, 2007. (10) Collier County Contractor's Licensing Board: Agenda for March 21, 2007. (11) Lely Golf Estates Beautification M.S.T.U. Advisory Committee: Agenda for February 15, 2007; Minutes of January 18, 2007; Agenda for March 15, 2007; Minutes of February 15, 2007. (12) Conservation Collier Land Acquisition Advisory Committee: Agenda for March 12, 2007; Minutes of January 8, 2007; Minutes of February 12, 2007; Agenda for February 12, 2007. (a) Outreach Subcommittee: Agenda for February 12, 2007. H:\DATA\FRONT DESK - 2007\2007 Miscellaneous Correspondence \042407_misc_corr.doc Agenda Item No. 1611 April 24, 2007 Page 3 of 4 (13) Immokalee Beautification M.S.T.U. Advisory Committee: Agenda for March 28, 2007; Agenda for February 28, 2007; Minutes of January 24, 2007 (14) Collier County Environmental Advisory Council: Minutes of February 7, 2007; Agenda for March 7, 2007; Agenda for February 7, 2007; Minutes of January 11, 2007. (15) Golden Gate Community Center Advisory Committee: Agenda for February 5, 2007; Minutes of February 5, 2007; Meeting Schedule for 2007. (16) Collier County Parks and Recreation Advisory Board: Minutes of January 17, 2007; Minutes of December 20, 2006; Minutes of February 21, 2007. (17) Vanderbilt Beach M.S.T.U. Advisory Committee: Agenda for March 1, 2007; Minutes of February 1, 2007; Agenda for April 5, 2007; Minutes of March 1, 2007. (18) Collier County Historic and Archaeological Preservation Board: Agenda for February 28, 2007; Minutes of January 17, 2007; Agenda for March 21, 2007; Minutes of February 28, 2007. (19) Collier County Library Advisory Board: Agenda for January 31, 2007; Minutes of December 13, 2006; Agenda for February 28, 2007; Minutes of January 31, 2007. (20) Golden Gate M.S.T.U. Advisory Committee: Agenda for March 13, 2007; Minutes of February 13, 2007. (21) Forest Lakes Roadway and Drainage M.S.T.U. Advisory Committee: Agenda for March 14, 2007; Minutes of February 14, 2007. (22) Collier County Public Vehicle Advisory Committee: Agenda for March 5, 2007. HA\DATATRONT DESK - 2007\2007 Miscellaneous Correspondence \042407_misc_corr.doe Agenda Item No, 1611 April 24, 2007 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1611 Item Summary: To file for record with action as directed. Meeting Date: 412412007 9.00.00 AM Prepared By Lisa Resnick Executive Aide to the BCC Date Board of County Commissioners BCC Office 411112007 6:19:19 AM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 4111130076: 43 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Managers Office 411212D076:00 PM Agenda Item No. 16,11 April 24, 2007 Page 1 of 19 EXECUTIVE SUMMARY TO OBTAIN BOARD APPROVAL FOR DISBURSEMENTS FOR THE PERIOD OF MARCH 31, 2007 THROUGH APRIL 06, 2007 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD. OBJECTIVE: To present to the Board of County Commissioners the disbursements for the period of March 31, 2007 through April 06, 2007 for approval as well as to obtain approval for the submission of the disbursement listing into the official records. CONSIDERATIONS: In accordance with Florida Statutes, Chapter 136.06(1), the Clerk's office requests that these listings be approved and made part of the official records of the Board of County Commissioners. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: Disbursements as totaled on the attached report RECOMMENDATION: That the Board of County Commissioners approves the disbursements listing for the period of March 31, 2007 through April 06, 2007 and submit these documents into the official records. Prepared By: Assistant General Operations Manager Reviewed By: Date: V / /,. /07. Constance C. Murray, CGFO General Operations Manager s� Agenda Item No. 16,11 April 24, 2007 Page 2 of 19 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16,11 Item Summary: To obtain board approval for disbursements for the period of March 31, 2007 through April 06, 2007 and for submission into the official records of the board. 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O O GmG 'a O GC n C�, m N Z N a b m r z b Z b 3 m Y b C yz Y� O• Cb C A ti mm HH £� n Arywy 0 x wa y: n z o 3 'D F N m C � m n & E Y C N F m R � � S m m \ m R 0 Y 3 0 N m e r < W o N /Agena e o o n z t m J N J N J J N N N N J J N J N J J J JI40�7m v3 ° CE m q P q q ✓ r r r r n a a a a a a n a� a a a ,Nn w C�F� (7f FJK p m t m � m ^ r c ¢ o b o � � p b v T O O O O O O O O O O O O O O O O O O O O b Y o 0 0 0 0 o p o 0 o p o 0 0 0 0 0 0 0 Y w 1+ Y Y F+ Y N N N N N �p Nm m b b b m m Y Y Y Y J J J J J J py C C.0 C C C C C C C C C C C C G C C C C C AI m C!' I'aF: q N J N A P O W qS- m m o o tc o a ry o c n o m m o m o a o Z W m N Z H b C N ✓. tnt � Y 0 � r¢ O O m t.£j. O 'b.',. H- a 0 y K D O A O C b Y r g m m n o w o a. p p r C Y n Z M^ R. o O n O n M C. 6. a. v o 7 s o m m m H vi N £ � Q m 3p aI RKI < A �. C O < n b m m \ m ^ . 0 0 0 W r m < W Z � 'p J J J r 124, 2M7 Oml `C VJi VJi UJi lJli U IJI� IJIi tJl1 N N W N N NN N N N W W m m m m a a x m a � n n Vii: m d #O 'F: v M iii' ❑ m a q P b1 T O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 a 0 0 0 0 0 0 0 0 0 0 Y Y W W \ \ \ \ \ \ \ \ \ \ \ 0 oA o o a a p o 0 0 o a N N N N N N N N :1tl:: ry 5 c c c c c c c c c c c c c �n m to m m m m m m m m `n u.:. x r G.; N o 0 o A o P o a m 9 O O 14 m r z m r m Y T O n n .. .. ..'::. H H b a r£ 5 q O T q r n [n+ mm m z a C 88 r r n6 c� n q n � m a fmf11 �xymx�y E5 5� m tri m m 5 i �r � n C O T O m M r r m � r m> ^J1: Q'1 n Z a ro a m Ka n R?6r8 a n a Y 3 0 A m � r < W 2 � Agenda Item No April 24, 2t of Page I of O O z 6 Agenda Item No. 16,12 April 24, 2007 Page 1 of 19 EXECUTIVE SUMMARY TO OBTAIN BOARD APPROVAL FOR DISBURSEMENTS FOR THE PERIOD OF APRIL 07, 2007 THROUGH APRIL 13, 2007 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD. OBJECTIVE: To present to the Board of County Commissioners the disbursements for the period of April 07, 2007 through April 13, 2007 for approval as well as to obtain approval for the submission of the disbursement listing into the official records. CONSIDERATIONS: In accordance with Florida Statutes, Chapter 136.06(1), the Clerk's office requests that these listings be approved and made part of the official records of the Board of County Commissioners. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: Disbursements as totaled on the attached report RECOMMENDATION: That the Board of County Commissioners approves the disbursements listing for the period of April 07, 2007 through April 13, 2007 and submit these documents into the official records. Prepared By: Z ti.a /C • 024 Date: 0r/ Lisa N. Melvin Assistant General Operations Manager Reviewed By: ( / L' 114j, jilt Date: 1(p� Constance C. Murray, CGF General Operations Manager 11 Agenda Item No. 16,12 April 24, 2007 Page 2 of 19 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16J2 Item Summary: To obtain beard approval for disbursements for the period of April 07, 2007 through April 13. 2007 and for submission into the official records of the board. Meeting Date: 42412007 9'.00'.00 AM Approved By Connie Murray General Operations Manager Date Clerk Of Courts Finance 411613007 10: 00 AM Approved By James V. Mudd County Manager Date Boar! of County County ManageYS Office 41161200]10:59 AM Commissioners N C O N SJ U1 O 0 O N T N w SI O W i s, 0 a v a E N N N G w a 0 O H w O Agenda Item No. 16J2 April 24, 2007 Page 3 of 19 Q ro. rmOlO.iNMwUI IDrmOIONMwIfI tOm OlO rINM Ctf1 SOMCIf)IDrm010 rIN t'1 Cl/1�rmm wwwm\O l0 SD l0 Sp 1p SD bSOrNNNNNN wIn Ip Nlfl lfl In Vl lO 1p SO tD SD SCSI in tO lnrrrrrrrrrr N N N N N N N N N N N N N N m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m +1 C CCCCTCCCC'C W CCdCCC'CCCCCCCPCCCCCd' CCC V'CC'd' ?Q'C CC V MMMMMMMMMMMMMMMM Mr'lr'tM MMMMMr'1M S.j: 'q!: MMM Mt'1MMr'1M Mt'1MMMMMMM N rl H N rl rl rl N rl r-I `-1 rl rl N r-i r-1 N N .-1 'i i-1 N N '4 N rl r-1 H 'i r4 N i-1 r4 N rl N rl r1 r-I N rl N rl N 000000000000000oo0000000000oo0oo0000000000000 m rl 000000000000000000000000000000000000000000000 a:-1 000000000000000000000000000000000000000000000 U' N N N N N N N N N N N N N N N N N N N N N N N N N N ry N N N N N N N N N N N N N N N N N N d} R( 'tl rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr 000 000 000000000000000000000000000000000000000 : LSI o00000000000000000000000000000000000000000000 '>v N N N N N N N N N N N ry N N N N N N N N N ry N N N N N N N N N N ry ry N N N N N N N N N ' 1 N N -OI.... 00000000Hri rl rl,y OINNNNNNNNMMMMMMMM O O O O N H Mt'1 I+1 Mt+i t+1MMM CT wmwwwwww�rvwwwwwwwwwwwwwwawwwwwcwwwwwwwwwwwwwaw o00000000000000000000000000000000000000000000 _lw. ti000NO00e -I OlOM000 wln lflOOlnmM r.-I �DNIp \OONOr000rmlfl \ppO Mlf10 in in oula o win ioo v�r o oino�omoormmmMOmmr m q rn,y o,-io ooaor�o �n o.-i ioo r �' N. 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M M M m ................... 0 0 0 0 0 0 0 0 0 0 c o 0 0 0 0 0 0 'J59 0 0 0 0 0 0 c o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Oi:: N N N N N N N N ry N N N f ry N N N [V N ry N N 6 0� m � G LL O q QE. 0: WI y y. T G' y a p� O .� N m YI �p r n N m Yl �➢ r O .'� N m C N b r n C N b r m Y Y 4J c c V U W 2Cf' G': N N N N N ry N ry N N N N N N N N N N N N N N N N N N N N ry m ✓i m VNI m Ji vi r r . r . r r r r r . . . . . . m m q u N z o o .. m w o £ 0 ti w � v S 9 N m H T G ] �Nl 8 p U O T m o E O N o m 2 U Agenda Item No, 16J2 Anril 9d ?nm ^p: b" 1 A bw� v rn a w w a W � m o K W U w W W m a W z 8 W w° w of aw. � a� Y a£ w W H a W W Y a au, a o g w w w a a� a s G 12� 2q2q,, uFi z o o w w K° >' u w w z w a u a w w F y £ a z g s U ,7 4 M„ 4 a 0 W ., z u W m a - z M fv W a y 2 m £ q U m F z W .. N W 4 a W W -- O Y W 4 �l W !� £ U H K N U m Y £ w W w m C z m .] m 4 d W 4 F q Z E U a O w F W 2 w a w 4 4 a W Z i w m a N w H w z � ZW a m� a final w z .i > w w a h F fn w r� z w s F w❑ W w u w s a �i '� C .] a z Wa z z U a w£ w z U a R £� F Z W 4 4W1 IFiI £ K 4 z F (i Qa > K. m O Y O K O 2 F F Z Y fatal Vi Zq4, q' ,�. tUil � £ W U W 2 K 3 K K fUat a Y 2 C E O K W K O O z O i+ a tt a ££ U 4 O Z U 4 W U .7 W ?� W (Il m Z W H W w H a w ZZ O U W KKK O F O a w 2 w m f W U S O W �n W R F 4 U C w W �. f�zz� W3gg[q�Fa�wZ� WBNa����a���a�aaaFsf &Q °3 cc Z z D 4 F a 4 4 Q 4 R a K Y [a. JI U' U U Q N Q W U b a w z W w 3 0 0 z a a tt O O O O j K W O a O fi O 4 O O U U U a q°❑°❑ W w W W W W W faa. 4 fai. W W W L. W W W U U U U (J U U () Y S S Y rS + m ry M r m o0 0 o ry o .+ m o 0 0 0 o a �n o o P m om m n m N m oo P Vi '�' ry O P Ifl Ya p O N P n m o Qp7 E a a r: u" : a:: ❑ p p a p a a p❑ p p❑❑❑ a a a p❑ e❑❑ g p❑ q p a a❑❑ p❑ q❑ a a p p p❑ q p❑ f/1 l/ V1 l/I f/) Vl Vi Ifi ul W VI m w Ul Vl (f, UI VI Vl (n f/1 N LF: W N t!1 Vl Vl Vl VJ N VI Vl !n Ul l/i Vl Vl Vl f-0 Vl VI m m Vl f/1 D .. ❑ D p S S° p D W °❑° D D °❑ S P? 7❑❑ p❑ D P D J U .^. p D❑ 7 D ,7 S °❑ C° D O O O O O O r r r r r C F r r r r r r r r r r r r r r r r r r r r. r r r r r. r 0 0 0 0 0 0 0 'U ll O O O O O O O O O n O O N O ry O O O O O O O O O ry O O O O O N O O ry O O O O O O O O O O O "'• 9: \ N � n \ .r \ rl .-� ti n ,a \ ,y \ r \ \ \ ..r n .+ .i H N r .r ti ti .1 .+ r ti r \ \ \ \ \ \ \ \ :R. \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ P C a 0 0 0 0 0 0 0 . 0 O O O P p O O O O O O O O O O O O p O O O n e n' 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o c o 0 N d P a O m r a \ LLP o q I �I rW' :A y4 N y T F W W ] N N N N M N V N L: YI ^ P N N N ry ry ry N N N N ry N N N ry ry ry N z or m w o £ m 0 \ N N S �? W H u m N E t 8 B U O � N C p N N u a o z o m z Agenda Item No. 16,12 April 24, 2007 :N v 4 y d' L W 6 W a a Yip. L N d a w d 7 4 w W a Y 6 Q a �5 ° 2p��'F w£ W a m o a a W o z z w 0 °w Q Q W U a S m a 2 U a W N 4 W W m a U a u a o z H£ W Q w m 4 U LL W �z� az� mEn - x zI x OF ZYq K m Y O u Z 3 O geq£q£q w 4 W a a U F a> W£ 3 W Z F N U d O m 4 v1 °U Z O W Z w a F w U Z F 3 O a W Z W w W W e. F H W F a U W Q Q t» K U N a W H Y 4 U O 4 w H II W W z 4 H 4" U H a m �d a£ W £ z u Z 4 Q Z Z W u a o a o c m S££ W w a > m Z Q a a a U O D U> a K F w a a a O w W Vl O u W u w Z a F o k xFy' Y Q[( YU a Z u G: z w H u u F u a a o 9 a z a 4 0 4 o w W£ w o a o a z z w o m W x 1n z o a z W 'yQ' aZ F 4 w w F u £ x m H�^ yQU qF Cl w Z Q x m a w Y a K C ti m' "OJ F 2 W fm9 fm+l IW+1 W W VOI tYil £ S S W O O Y O Z. `4 2 E ial x S F w 'h W m Ul ZZZ Y Y a O O D U O N U 4 4 4 Q Q W£,Q £ �^ m O a 4 4 4 W S z z Q U 3 Iwil a .] a£££ Z Z Z Z Z 2 O N C O m N N W N m O O N O O N p O C m O O O P W O V1 O m O O O O CJ: mn O O •a O� N O U' O .-� C N O m H Y �O O �D C JI N O r-i O 1� O O n T m m C b 9 N O C W ohWo, 4 w. w w w W o o❑ W. w o W o w o 0 o w o o.W o n❑ W W W o o W a o o W o W A W o a j 7 7 j 7. 7. 7 7 7 7 7 O S 7 7 7 j D j D S 7. 7 j 7 fWJ D O D 7 'mJ a 7 m m C C C C C C C C C . C C C C C C 1^ C C C C C C C C C C C C C C C C C y: 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O TJ :'.IJ- O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O F sJ L @@ 0 'o 'o o 'o 0 '0 0 0 0 0 0 0 0 0 0 0 0 0 0 . . . . rva m m m m n a P P e C a u. c a c a a a e a a a c c a c a a� e v a a a v a P P P J T C P P P 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O o 0 0 0 0 0 o O m o 0 0 0 0 a o 0 0 0 0 0 0 0 0 0 0 0 0 0 � r G 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N Ory N N N N� N N N N N N N N N N IV N ry N N N N N N N N N N n N N a m m � a O up w Y : .U: N V1 VI i(1 N N N N m N m ul ul Y Y U G C U U N N G::. N N N N N N N N N N N N N N N N N N N N N N N ry N N N N N N N N N N N N ut �n in in �n in in u� �n ul W vl m in �n of in vi in m N m u1 Vi m m ^ ul ut N vNi u� �n �n vNi vt �n uNi uNi N N U L C] ^ C h C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C m m a u N $ o o .+ m W D £ 0 ry \ H a \ W C 9 9 a H u m ti T U C � n� L U O >. w c 9 v 2 m d E O m O m Z U Agenda Item No. 16,12 April 24 2007 v Page 7 of 19 .N Q: <9c 4: U: C w: 1 f W N W 2 W W W N W W w z a 3 a z W m W £a a a z 4 Q F K Z F 5 (j' W �a `� a a x 8 a w w a R° Hn f� a s Z I x z� .] m W r z 2 W 3 a F x F z sw. ti W F s o m x w w W 4 m W w w x a❑ E m a ril F£ m UO qZ F ° u z Q m 4 W 1, Q Z w z w 4. W T�' S a a z m w> p .� W B .� 2 E �q fi R W Z U .+ t0 } S O> O W W x .a. m W w O .�. J H a vl Q£ W' ..l lA Z f/ K Z �. U' G] W 4al O :J Q^ ❑ d K d W U' Y w w a Z .] L..: 2 o .] .] w W L a o F w .� Z a£ .� m❑ w o z 4 0. m a v� z u z w > U F Z Z> m U a w C Z a O w Z w ti F K 3 W U W F V.N U F 4 °U a W F Z Z F Z G x Z 4 Z q❑ VI 2 z w n Z ❑ Q > 7 a F w U 4 O U W m W O W F} w w t w 2 w �n 0 0 < O ✓: ��sw >a�a���aa °�AaK�waWQm =d waaa�3ya O+ qc w w F w 7 U } w �+ Y W y w w O U T m U U a vi z z 3 Z O m r 2❑ S O U y :q/1 £ n T w Z K g R w O O£ 3> K Z O O F F Z w w 0 t:1 m❑£ a vi 3 ., G .w. E w w F N U F O a w O v� U w Z ., w w U a w a w Y U X 6 K w ca U ro m 2 `a U U •..11 O .a-1 W car w' W Y W O w❑ K [U� m^ y� 4 >Uq] O 6' KqW C U w u w F F O £££££w OU tW�. v F 6 q Q h U>I I+£1 > f>il U Z !O 4❑ m X VUi W Y lYVI'' F q 2 U: ry o L ^J Q Y i q ❑ ❑ q q 0 ❑ ❑ ❑ ❑ ❑ q ❑ ❑ q ❑ q 0 ❑ ❑ a ❑ ❑ ❑ ❑ q ❑ ❑ O q ❑ q ❑ O a 0 ❑ q q ❑ ❑ O q ❑ Vl % w m w w (11 VI (/1 C V. w Vl w _m N Vi V1 V1 !li w m V] w Vl VI w VI w N VI f!) N w N N UI f/1 V; N w m Vl V) !n w o D 7 O p P J P D D ^_ N ❑ p p D❑ D P❑ q❑❑ P 7 D p D O D p p p p p p P p p m `a. o 0 0 o r o o r r ro r r rD o r r r r o r r r r r rN r r r r ro r r N N N N N N N\ ry N\ N\ ON N N\ ry\\ N\ N N N N N N\ N N\ ti: D G o D O O O O o o O O o O o O O c O o O O o o O O O O O o O O o o O O o O O O O O n O N N N N n C v iy c D o o D o 0 0 0 o D o o D D o 0 0 0 0 0 0 0 0 0 o D o 0 0 0 0 0 o D D 0 0 0 0 0 o D o D D o 0 o a a o 0 0 O O O O O O O O O O O O C O O O O O O O O O N N [v ry N ry N N 6 � q O m r Z b w O Q Q W- a. ...i M m w m m a m m N m m N N N Vt N �n N N ry N N N� N ry N N N N N N N N N N N N N N N N N N N N N N W m N N r? o £ � O \ H W S B 0. H i m H f 8 O >. N C o v m N a o m o M z u Agenda Item No. 16J2 April 24, 2007 SpI Y' W w a z W > na aU' V m W O Vl W w F c> w m z a u Na U Z W .] Q a w a a LI a K E [tl W a o u a .l w a o F YY z O W w m w u u W u a w �n a a w F F a a y W w a u W rn m z z a a w w a s w <n a s W 0 �' W "m z 1Ga 4l a 4 W O �/+ Y Z a O W O 0 O N 'W 4 IA: N N W O a W W W .] Q❑ .] Vi W <a 2 d 0 2 .F] 0 4 4 2 Q W z a .. < �i w W o❑ a a a z w a o£ w u F F w F x c F m Z 2 .b j F z 2 W U E j❑ W Z K U C k F m z 4 w W K O O 4 ❑ 4 i W W W O N W E v W Q O a Z 390 ����qo °Wg }�FJaS M��4 °frK�3O�H�� �SS m F❑ O W C tt O° Q Y 0 0 G w a Z tt ®. m w O 4 £ •n pi N Z 4 U' W 4 S W 4 NV N Y W W N m U N a 0. w' ❑ N 2 z R' K 3 H l,. E $ W a> U K a Z a a m W W W 7 w Q Q N um W W £ K K ZZ 2 a x O F F a O W Q K 4 W� O W W Y 4 W U Z� a O 7 O u ❑ W �n a U> W Y. W O m K .] ❑� m S W W W C d K£ 7�� a¢ to I� O U H> Z F 00 o O O b o0 o O c O o O ry 00 O O O r r M O O T O O O V O 0 O `D ry O r .. 4t. T .+ C n r N m r� b N N b N O• r� N N N r P N N 7a E` 7 7> 7 7� 7 7� '] C U'. P O� D 7 O D a '❑ D� 7 a 'J � P D❑ D 'J O 7 J 7 D S P 7 D D p D O D m r r C r h r r C r C r r r r C r r r r r r h r C r r r r r C r r r r C O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 O O 'O O O O O O O N O O O O O O O O O O O O O O O O O O O O O O O O O N ry ry ry O O O O O N H ti N N 'n N N F \ c P\ P P P P P C T P P P P P P P V P P P P P P O O O O O O O O 0 0 0 0 0 0 C O O O O O O O O O O O O O O O C O O 0 0 0 0 0 r P P P P C C P P P P V C P P P C T P ? P C P P P C C PP P P P< Y P d N JI a v a P P P P P P P a P a P m a a^ P a a P P m P m a m n 'n n n c m �+ N n M n n n n no n N. N ti .. o .. .. .. n .. .. .. .. .. ,. .`�. .. .N. .i n .. F .N+ .Ni .+ .a .. .. .. .. .� 0 0 o a 0 0 0 00 D 0 0 0 00 0 0 0 0 00 0 0 0 0 0 0 0 0 00 0 0 000 0 00 o0 0 0 0 0 a m w � 6 4 O 4 a: V: H 3Qry m B N. o O D Y Y U N: N ry N N N N N N N N N N N N N N N N ry� ry N N N N N N N N N N N ry N N N N N r [] r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r ❑N WN aU � o � o � m m o £ 0 m .. .. w \ v S 4 m u 0 u o 0 c� 8 U W O ? m C O v b H 4 Nq 2 U Agenda Item No. 16,12 Apri124 2007 p, o 9P o V. v w a c N W VQI 2 4• F 4 a 4 4 .l vqi 0 O? to •.1 Y 4 W K W £ �. .] F .] W U 2 4 2 W a .] a W W K F W W W N d 4 K .Wi fn m fn w .Z. w W Z a 2 U 4 a z W O w (n a U U Z w Z aW. C o W O W a a H. U vUi w Z x m F F .] U ,] .J O q N q, a m 4 a F R w-1 N N❑ x a o£ w a a¢ �, W w z ,jJ £ w g u v; a a W 6 6 2 0, v1 ., qq w t R 2 Z Z O w a O w Z 0 �q+l W O U g H a u z o F £ Z a O Z a 3 2 a Z 0 q w F W Z Z W F g o Mz d 'u0E» °dam E (�6 8 '� g F W a z m a c7 F rau u a X50 (A Z 4 w w a w Z g Q W Z O£ w Z a W W qq Z w N qq it Z U O (> m O a F S Y£ O a£ O 2 a: qq w a FO S Q W W 3 0£ h i a U n a S E 4 4 a 3 W U F 3 U Y 2 VFi m 3£ U n£ w F g p F Iwl: o o m b m m ry o m °"° " o r N o m o 0 0 0 0 0 00 0 o ry o 0o m m m a o m o 00 ry m 00 o c o m o o< r N �p N i(1 C' O ,y ry N N N ry a3 rE' 4: y'. Y C g q q O q q q❑ q q q q q q q q q q q q O q q q q O q q g q q O q q q q O � N 43 q O q q q p p b D D D D P b D w a 7> j 7 j p j g j q q 'q ❑ q 7 7 w 7 j? w w J w m: ,j p .7 ? J> O O O O p0 O O O O C r C r C r r C r r r r O r r r r r r o r r C r C r r C r r O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O o O O ry N ry O ON O O ry O O ry O O O O ry O O ry O O O O O O O O O O O O O O O O O EQ✓ \ \ \ \ \ \ \ \ \ \ \ \ \ \ N � .y n N n ti fl r� N n \ \ ti \ .� i4 rl 'I u ea O O O O O O O O O O O O O O O O O O O O O O o O O O P . O 0 . . 0 P . . 0 0 0 w P - N 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a O mo 0 o c o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W m a o m r c z m W o a rp T F� ry N N b N N N N N N N N N N b N N b ry b V m m G O U N N N N N N N N N N N n Y1 N N Yf i(1 N N N ry N N N ry N N r r r r r r r m m q U r r r r r r r r r r r r r r r r r r r C--Z o £ r 0 \ V N N 01 S 3 �2 m H r T i c a v M m c m a E NO z u Agenda Item No. 16,12 April 24, 2007 9 N ti \ w h W Y W W vl LL' K G Z O £ U X w m a a m W a O V E m W O Z a m u w R„ F H 4 Z Q V M £ a Z m C F W 0£ w .] Q J 4 R q F Z N .Fi w a U U w v w N u Z N m b 0 q N O UKq m U f/i F 3 O m F' K m F a K d z f+wl .] y .w-1 U H C F Z fn Y O? 2 t,. O w F F U W .-] ££ H. S a it U R W w '> w F O U m 4 v1 Z Q C7 K Y w a W Z to S W£ S U b 3 Z «] t7 In N F 0 2 J w Q 4 U �n O Z .-1 Z () W K v Z M. W L. O Z O w 0 w O w< hl w F a C ��yy JI Y �' ai � � i°. � � �`.i � G � "J � Q � � � 6 8 v w IN. � .. a z o w w Y a E z5 z� a a w a r� H F£ H 3 a m r w u °' F a m m �Fi w s z a a o u r m u z 3 xS �G uq£' 4 F Z K a£ F a w O O vai O w£ K C O Q z x uq F O O O G R O a� x 0 >� J1 O N O O 00 C O O N O O O O N N D T ti r T C CO O ul O b m r O m O P m N m O m O 7 g! �' w o o c m o 0 0 0 0 0 0 0 0 0 0 o W o 0 0 0 0 0 0 0 o W w o 0 o to ❑ o 0 0 0 0 0 o a W m r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r 0 m y( o 0 0 0 0 o m a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 'C li O O O O O O N N ry O O O O O O O O O N O N O O O O O O O O ry ry O O O O ry N ry ry O O O ry N F L n n .r rf .y .+ n .y .� ti n .� .i ., n n e� .+ .� .� .r n \ n n n ❑❑. \ \ \ \ \ \ P P P P P P P o o o 'o 0 0 0 0 0 0 0 0 'o o 'o 0 0 0 0 0 0 0 0 0 0 0 0 'o 0 0 0 0 '0 0 0 0 ':✓}. N N Ili N N N N N N N U1 m N N N N Jl if1 N N N N N Y1 P p C P V P P V P P C P V P C C C< C C m ^ P C P C C C N n � n m M n n M M M n n M m n m yyGyy' '.. 0 o a o -------------- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o c o 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 Ory ,a: N N n N N N N N N ry r a OI cp' ol" w: w m ai x Y tl 'C `� m m b b b r N .Y Y I U CI: ND ry ry ry ry n n ry ry N N n n N N N N N n N N N N N n N N N N N N N C c U m m u N t .0 ❑'. Ill N N y N N N N N N^ N Vr N N Ili N N N 111 Jl 1A Yl N b N o r r r r r r r r r r r r r � r � r r r r � r r r r r r r r r r r r � r � r r r m Y a u N Z o o .. m r,� o £ o 0 N N ly p \ 0 C 8 3 E U u m w Y U E UO >. a C � m 8 B V O ?. N [ � m m w a o A o m z u Agenda Item No. 16,12 Anril ?A )nrn ro � •O I .n o m: U G' w O C W F a ,u a a a a u LL 4 a a a x z m m a 6S g LL a u m J a Q m¢ � K [ai. v o f7 © 6 f 9 H v W a m p £ V a m- W m a a m H£& L u ss 3 a S z 5 C u 4 m a LL W W F U a F m W U w£ a z m a a w K> a O LL r s m a o F Z+ o - 6' a W z a z a u m K Z 4 Z .a. a U X W Z u .Wl m' V H �-' F U w w 4 .] N S O U O Q m U£ W Z z F, Z 4 m N F t+N. 2 u�lrzl F O u U 4 z F a H a w o m z c Z a x z o qm w H w Z a z In _ fil W Z 4 N m U U m u W b�z � F fis 9 �u £8 �ce z o o o a Z n m o o a o u pp o c ao p a z U W s q ti u W y W zI+] Q a LL� K' F !/� £ m V❑ i+ U' N K 2£ m O a W Y Q J q F H> 6 m£ X�% a U? U Z Q !� 4U] U� Vi � m 0 n F � a ti n r N ti •, n .n .°. s o m e m o m r m ry N ry .� .. N N r KI J a a4 x W. p p p p p O O p O p p � p p p p O p p p � p p � O p p O p p O p p O p p p O O p p❑ O m ' r r h r r r h h r r r r r r r r r r r r r r r r r r o 0 0 0 0 0 0 0 0 0 0 o c o o c o 0 0 0 0 0 0 0 0 0 0 o a 0 0 0 0 0 0 0 0 0 0 0 0 'm .11. o 0 O O ry O O O O N O OO O O ry O O ry ry O O ry O p ry O O O O O O O O O O O O O ry O O O O O ------------ m m m m m m m m m m m e m m e m m m m m m m �a m m m m m e w m m m m a : c m w a a< c a c n „ ,°, 0 0 0 0 0 0 0 0 0. o 0 0 0 0 0 0 0 0 a o 0 0 0 0 0 m 0 o c o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o 0 o o 0 0 r c o 0 0 0 0 0 0 0 N N N o 0 0 0 0 N N (V N N N N N N N Q O m r 2 b LL O q SO 0 W m y � E N N O x U. m r r r r r ry r r r h r r ry r r r r r r r r r r h r r ry b r r r m r r r r N-^ N N N. N N N N G C U m -- m N- N � N N . N N N N N N N ry N N N �" N N r r h r r h r r r r r r h r h r r r r r r r r r r h h r r r r r c� 0 s \ v m S S R N v !P fm. E t O T m C O N N N d E O N W 2 u Agenda Item No. 16,12 April 24, 2007 age I.P, g\ m a u 4 CC O w a a W a F w £ w w W C W W m d w R a W � E u z 2z a o a x Z y w z u a 6 w W m x z x w o w a w z o x a�`4`cY���'❑ m: 6: W y w w z W u a x a 2 W2 w w a F W m rc u w w u o F a O m C U ai z w 4 F z 4 Z 4 z j 0 ¢ Z w w w w pZpZ�, Z U v z twit u [wig 4 w a U .W] w U m O 4 Z .W] w 4 N L H a 3 lwJ N w N Z Z 4 Z Z L N 4 p S O W£ x U O w£ W w Z u U 4 m Z 3 'Z U 0 U Qy `O' £ W t S' > a5 m N .] 1K� 2 y 2 0T. Rte+ U U? H 7 H O y0. {4 tttt QFa a q4 N U 2 K U `2 Z U a 4 p. £W H Zq q USSU E Z U F W w w .] q❑ qd' .Rm] q 'O O F U P 2 w Z W .] VZq qq qq 4o(� w Z q W � Q O C a 4 m W 0 Ox 0 :C: Q£ W W U 4�> x x£ T F m N W W�� m U Q£ U m F w '.� 4 W �'a w w (J O£ 7 a. K O m O W ❑� 'J U o o ry n o a a m 19 1� w. r tp e m o r m r .+ in o .~+ nI N r341' i K! sraTa r?yy: j Z 7� 7 C dJ. -. j j J❑ j 7 j j 7 7 D D P j 7 P D b 7 D D P P m r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r m O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O ry ry O O n ry O O O O N N O O O O O O ry O O O N O O ry O O O O O N O O O O ry ry ry N o O o O O O o O 0 0 0 0 0 0 0 0 O O O o O O O O O O o 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a o 0 0 0 0 0 0 0 0 0 0 0 0 p:: o o a o o N N N ry o 0 0 0 o n o O 0 o N ry o 0 0 o N o 0 0 0 0 N n n N N ry a m a o z e " W o Q V w M m 5 n+ om .. .. m m m m m m m m C C !! N r r r r vt vni w N r C r f m in ut f r N in r r YI in W N W in N u� m in u� r r r r r m m U L _L'.,: L1 r r r r r r r r r r r r r r r r r r r r r r r r m m 4 U N O 0 r w i � v � S 6 t N O� N U V c W m C O v N m a E O O z 0 Z U Agenda Item No. 16,12 April 24 9nn7 7. M U � i a a w W a w '.pQZ� yZa' w W W w rl m .j r a 3 W W U tv 4445 F a O U 2 R £ W Z 4 VI Z W £ L�f W Ib W a In W W 3 F W a 0 O Z Y N W 0. 2 Z Zm .FJ 4] 4 ......111111 Z Z K O a? .] 4 [/ a F H a F K W O S F m Z Z Z O .] R m O a a W W F >. W f, 'O N- a s 4 W 4 F S O. 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N n b r N N n a .Y -K y U V L: P 0 0 b b m m 0 0 m m m W m ry 0 0 0 m m e P b in b YI b N N N N N ry ry ry ry ry N ry ry N b N N N N N N N N N N ry N N N N N N N N N N N N N V m m 4 L U r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r 0 \ w v H m H E _ O T w c o v a fJ N a m o E o a o m z u Aaenda Item No. 16,12 April 24, 2007 r u U W W E9 H > a F W m /qqt W yfy7 40 K s a a a a 40�sa E U a U Q Q ly W Z U> O O N 6 B d" f,`. m u ?. S7 fi ni €.' O u w W 51 `' z m z �` '. m z o rn a m u H m a ^ v z m w o H u w m m z a z u w v� 0 z a a z w w v a v a m w w w u Q 4 o w w .Y -. 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N: # : y: ❑ g p q q O O q q p q p p p q p q q q O q p q q q❑ p p O O p p p p O g p O O p p q q 0 O O O O o O o o O O O O O o O O O o O o O O O O O O O o O O O o o O O < < v v O e \ W •i m m m P O N N n P m m� m P O .y m a m ry P a N rt P N T m m P P P P P P P P O O O O C pm O O O Om O a D o m u� r r r r r r r r r r r r r m m m m s m m m m m m¢ m m m m m a v m c m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (OV N O O O N N G N N N N p O O O O O O O ry O O O O O O O N O O O O O O O N N N N N N N ry N N N N N N N N a P 4 O m r q W agg. m � 9 >. Cf Y_ 1� L U v. N N N N N N N N m N N P ry m P P �` P Ol ry P ry ry N P P P P ry g P P N P Ol P P P P U Y 1`. YI m N �lr Yt ^^ N Vt N ✓� N yt yi yi m N N N N ry N N N N m m N N N N N N N N N N N U L IY C r C r C r C C r C r r r C C r C r r C C r r r r n r C r r C r r C C r r r C r r m m G U m W n o £ � ry a� m N O L t� � J C � 8 B V O > m c o v m M ❑ N d E w z uu Agenda Item No. 16,12 April 24, 2007 Page 16 of 19 Gd W W ❑ W (�� w Y 4. F 4l w rc w m a a s z a p 0 U Z N z H Z �rif3�a Nt W a ❑ a 4 Y :if O ❑ 2 C+ w O Z V+ £ a .+ m bti: m .n o .w o O F li K <9 a '.;lei" ❑ ❑❑ ❑❑ ❑ i0 r r r G F L £ R O O O O o W b D m m m m O O O O O ?r O O O O O t` ti: N N N N 6 T wr w O x v: U p L a N y a C x :4 Uf Y x u tl ": ry N ry N N !. Gtiff Agenda Item No. 16,12 April 24, 2007 Page 16 of 19 N Z o o .+ a m w o £ 0 n \ H \ N O 9 H u H u PJ T ° C 8 U O T N C m GL E O m 0 m Z U Agenda Item No. 16,12 Anril 9d 9nm ro °o! o ?, o r Ai D- U a L U U U U p p C EY W z z z m w a Z Z Z a 0 0 0 0 0 z q a a z a w N W Z Z Z z 3 w N OZ S w w vi m w w w w w YY w °2a' yS. 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W: Y O' ° p p g p p p p p p p q p p q p p q O C p p q q p p p p❑ g p q p q p ❑❑ g p p p p q w 1p m Vl Vl W VI w Vl m tL Vl N N VI VI J1 N l7 l7 W VI ° VI w VI VI VI VI VI w w V! w VI lil UJ VI w VI VI VI m Vl \ \ \ \ \ \ p \ \ \ \ \ \ \ \ o O o C O o O O O �' m o N n •y b O O °° O� N ry V� m ry N r N T 0� O, p� O O O O O .i n r m m m m C n n n n n n n n O n n r� nr P P P P P P P P P P P P n rl n n n n n O O O d: N N ry° N N O O O O O ry N ry° N ry O N O O° N O ry 2 m 4 O W o q C -pr uEE a L W Y u it L U T E q u N N N C C U d 1' N N N N ry N N N ^ N JI N N N N N N ✓� N N N ry ry N N N N N N N N m N N o £ � 0 r \ v m 8 3 9 S m Oi H 8 8 u o > c o v m m a E O z O m Z Agenda Item No. 16,12 April 24, 2007 Page 18 of 19 a <a 'rya u p m w m W Q w O 41 £ a £ x x 4Z K O O ill F F F .:a -: a. v 0 0 00 H a x x 6 @ R R 0 z u u c m a W W W i01 m r y 2 14 0. W O 0 0 F o F F : uy: K g EM1 F W m O b'. m N N rym a7a: E. 4pp: ti! 0 0 0 a 0 0 0 0 fa 10:: n N N N b: \ \ L L E o 4 o O W W m ul m m G y: V C C EN O O O T >Er O O O O 6 A d ry O JL UN m m L a o u m r a v V N Y W O u G G M N L EI N H SU m m m m m m 4 m Agenda Item No. 16,12 April 24, 2007 Page 18 of 19 M N W N H Y U I N N C N N vl Agenda Item No. 16J2 April 24, 2007 Page 19 of 19 Agenda Item No. 16K1 April 24, 2007 EXECUTIVE SUMMARY page 1 of 25 Recommendation that the Board of County Commissioners ( "Board ") approve the Committee's selection of Bricklemyer, Smolker, & Bolves, De La Parte & Gilbert and Fixel, Maguire, & Willis and authorize the Chairman of the Board of County Commissioners to sign an Agreement with each law firm for eminent domain services once such agreement is signed for legal sufficiency by the County Attorney. OBJECTIVE: To obtain Board approval of Committee's selection of law firms for professional legal services related to eminent domain, and authorization of the Chairman of the Board to sign an agreement with each firm once such agreement is signed for legal sufficiency by the County Attorney. CONSIDERATIONS: For the next five (5) years or more, Collier County will be attempting the largest right -of -way acquisition program in its history. The County will require outside legal services from time to time in connection with acquisitions by condemnation. In order to obtain competent legal services in a cost - effective manner, the County intends to enter into hourly rate agreements with a number of licensed, practicing attorneys and /or law firms for legal services related to eminent domain. A request for proposals (RFP 06 -4047) was publicly advertised on September 29, 2006. Notices were sent to 262 firms. Five responses were received by the due date of October 31, 2006. A Selection Committee meeting was held on December 13, 2006, and after review and discussion of the proposals; the committee selected three firms by consensus of the members: (firms are in alphabetical order). 1. Bricklemyer, Smolker, & Bolves ( "Bricklemyer") 2. De la Parte & Gilbert ( "De la Parte ") 3. Fixel, Maguire, & Willis ( "Fixel ") An Agreement for Legal Services has been successfully negotiated with each of the aforementioned law firms. Each Agreement for Legal Services is attached hereto. Notably, attorneys at Bricklemyer will be compensated at a rate of $200 per hour for trial and non -trial work and paralegals will be compensated at a rate of $90 per hour. Shareholder attorneys at Del la Parte will be compensated at a rate of $200 per hour for trial and non -trial work, non - shareholder attorneys (associates) will be compensated at a rate of $150 per hour for trial and non -trial work, and paralegals will be compensated at a rate of $90 per hour. Attorneys at Fixel will be compensated at a rate of $250 per hour for trial work and at a rate of $220 per hour for non -trial work; Paralegals will be compensated at a rate of $65.00 per hour. All law firms will be reimbursed for actual costs incurred for mailing, copies, facsimiles, telephone expenses and document transmittal expenses (e.g. "Federal Express ") provided that the costs are supported by appropriate documents submitted with the invoice or statement of legal services to the County Attorney. Travel expenses will only be reimbursed if pre- approved by the County Attorney. FISCAL IMPACT: Funds for each work order will come from each individual user department. GROWTH MANAGEMENT IMPACT: No foreseeable impacts are anticipated. RECOMMENDATION: That the Board: 1) Approve the Committee's selection of Bricklemyer, Smolker, & Bolves, De La Parte & Gilbert and Fixel, Maguire, & Willis and 2) authorize the Chairman of the Board to sign an agreement with each law firm for eminent domain services once such agreement is signed for legal sufficiency by the County Attorney. Prepared by Jennifer A. Belpedio Agenda Item No 16K1 April 24, 2007 Page 2 of 25 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1621 Recommendation cal the Board of County Commissioners (Envier approve the Commltteee Item Summary: selection of BnCklemyet. Smolker. & Bolves, De La Farte & Gilbert and Fixer. Maguire. & Wrild, Sea autnonze the Chai,man of the Board of County Commissioners to sign an Agreement with each law firm for eminent domain services once suds agreement Is signed foriegol sufficiency by the County Attorney. Meeting Date: 412411007 BOO 00 AM Prepared By Jennifer A. Course.. Assistant County Attorney Date County Attorney County Attorney Office 312212007 2:59'40 PM Approved By Mike Hauer Acquisition Manager Data Administrative Services Purchasing 312 31200 7 1100 AM Approved By Kelsey Ward Contract Adminlsiration Manager Date Administrative Services Purchasing 312812007 12:28 PM Approved By Steve Carney Pmed.Sm,gasneral SVGS Director Date Administrative Smrvmes Purchasing 31291200712: 45 PM Approved By Jennifer 1, Baled. Assistant County Attorney Deta County Attorney County Attorney Office 41120071:54 PM Approved By David Weigel County Attorney Data County Attorney County Attorney Office 4112120 07 10 43 AM Approved Ily OMB Container., Administrative Assistant Date County Manager's Office Office of Management & Budget 411212007 2'.38 PM Approved By Micdeet Srykowski Man... meet& Budget Cler., Data County Managers Office Office of Management & Budget 411312007 9:46 AM Approved By James V. Mudd County Manager Date Board of County ..ommissionors County Manager's Office 411412007 9:46 AM Agenda Item Na. 16K1 April 24. 2007 Page 3 of 25 Contract 06 -4047 Eminent Domain Legal Services AGREEMENT FOR LEGAL SERVICES THIS AGREEMENT FOR LEGAL SERVICES made and entered into this 27", day of February, 2007, by and between the Board of County Commissioners, (hereinafter referred to as the "Board" and /or "County "), and the law firm of Bricklemyer, Smolker & Bolves, 500 East Kennedy Boulevard, Suite 200, Tampa, Florida 33602, (hereinafter referred to as "Counsel "). WITNESSETH: WHEREAS, Counsel has special expertise and resources in the acquisition of property through eminent domain proceedings; and WHEREAS, the Board from time to time has a requirement and need for legal services which are particularly within the expertise of Counsel; and NOW, THEREFORE, in consideration of the premises and covenants contained herein, the parties mutually agree as follows: 1. Counsel agrees to render legal services to the County for work relating to the County's acquisition of property including eminent domain proceedings that may be assigned to Counsel from time to time by and through the County Attorney's Office. 2. For all land acquisition and eminent domain work performed by Counsel, the Board, through the Office of the County Attorney or the County's Transportation Division, agrees to pay Counsel as compensation for legal services at Counsel's rate of $200.00 per hour for all trial work and $200.00 per hour for non -trial work. Counsel shall be compensated at $90.00 per hour for paralegals providing services hereunder. Agenda Item No. 16K1 April 24, 2007 Page 4 of 25 3. The Board hereby agrees to reimburse Counsel for actual costs incurred including costs of mailing, copies, facsimiles, telephone expense and document transmittal expenses (e.g., "Federal Express ", etc.) incurred pursuant to this Agreement, provided that such costs are supported by appropriate documentation submitted with the invoice or statement for legal services to the County Attorney. Counsel's travel expenses are expressly excluded from this Agreement unless approved in advance by the County Attorney. 4. A statement or invoice for services and direct costs incurred by Counsel shall be billed to the County Attorney on a monthly or quarterly basis at the discretion of Counsel. All invoices shall be itemized and contain, as a minimum, the following information: 1) The proper name of the payee as it appears in the Agreement; 2) The date of the invoice; 3) the contract number and name, and 4) The description of services and the time period in which billable services were rendered. All payments and the resolution of any disputes regarding such are subject to and shall be processed in accordance with Chapter 218, Part VII, Florida Statutes, otherwise known as "The Florida Prompt Payment Act." The County shall pay all invoices submitted in accordance with the provisions of Section 128.74, Florida Statutes. If the County fails to pay any invoice for consulting services within the time period specified in Section 218.74, Florida Statutes, Counsel shall have the right to invoice for interest on the unpaid invoice at the rate of one percent (1 %) per month compounded monthly commencing thirty (30) days after the due date. 5. Counsel shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement and shall not subcontract its responsibilities to the Board under this Agreement. 6. Counsel shall carry Lawyer's Professional Liability insurance in an amount not less than $1,000,000 per occurrence. An insurance certificate evidencing this Lawyer's Professional Liability insurance requirement shall be attached to this agreement. 2 Agenda Item No. 16K1 April 24, 2007 Page 5 of 25 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 Comprehensive General Liability Policy. Current, valid insurance policy(ies) meeting the requirement herein identified shall be maintained by Counsel during the duration of this Agreement. Renewal certificate(s) shall be sent to the County thirty (30) days prior to the expiration date(s) on any such policy(ies). There shall be a thirty (30) day notification to the Board in the event of cancellation or modification of any stipulated insurance coverage. 7. 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 Contra ctorNendor /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 3 Agenda [tern No. 16K1 April 24, 2007 Page o of 25 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. 8. Counsel agrees to obtain and pay for all permits and licenses necessary for the conduct of its business and agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by Counsel. Counsel shall also be solely responsible for payment of any and all taxes levied on Counsel. In addition, Counsel 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. 9. The parties hereto acknowledge and agree that through the provision of legal services to the County as contemplated by this contract, Counsel will gain knowledge and information as to existing litigation strategies, including pre - litigation planning, and may be fundamental in establishing future litigation and pre - litigation strategies for the County. The parties agree that the use of this information in the representation and defense of property owners against the County may undermine the effectiveness of such strategies and may adversely affect the County. The parties agree further that Counsel's representation of private clients against the County could disadvantage the County in future acquisitions. Counsel agrees, therefore, that while under contract with the County and for two (2) years following the expiration /termination of this Agreement, Counsel or any of its employees, associates or partners will not represent any property owners in any eminent domain actions initiated by Collier County without the County's written consent. 10. It is mutually agreed between the parties that all authorization for services shall originate with the County Attorney. 11. Either party may terminate this Agreement for convenience with a _ minimum of thirty (30) days written notice to the other party. The parties shall deal with each other in good faith during the thirty (30) day period after any notice of intent to 4 Agenda Item No. 16K1 April 24, 2007 Page 7 of 25 terminate for convenience has been given. The County reserves the right to terminate this Agreement immediately, for cause, upon written notice to Counsel. 12. This Agreement shall be effective upon execution by the Board and Counsel. 13. Unless terminated pursuant to Section 11, this Agreement shall be for a term of two (2) years. This Agreement may be renewed for two additional terms of one (1) year per term upon written notice by County to Counsel prior to expiration of this Agreement. IN WITNESS WHEREOF, Counsel and the Board have each respectively, by an authorized person or agent, hereunder set their hands and seals on the day and year first above written. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 0 James Coletta, Chairman WITNESSES: � t� (1) Br demyer, Smolker & Bolves SignCre Printed/Typed Name (2) A /1 icy eh '` '/ �rKae' e2— Printed/Typed Name Approved as to form and legal sufficiency: Jennifer A. Belpedio Assistant County Attorney 5 Date: 03/02/07 Time: 04:19 PN To: 12395306691,,,111 ACORD,. CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A :ODUCER nul v AND CONFERS NO RIGHTS U Suncoast Insurance Associates P.O. Box 22668 Tampa, FL 33622 -2668 813 289 -5200 INSURERS AFFORDING COVERAGE INSURER A: United States Fideli & P e: 0 1 -DO Aaenaaa TOL %o. T6K1 April 24, 2007 Pace 8 of �- DATE(MMIDO'YYYYI 03102107 MATTER OF INFORMATION DON THE CERTIFICATE NOT AMEND, EXTEND OR BY THE POLICIES BELOW, NAIC 11 Bricklemyer, Smolker & Boives, PA. INSURER R: Travelers Casualty and Surety. c0 IaBOo 500 E. Kennedy Blvd INSURER c. ON L & INJURY PERSONAL d ADV INJURY Suits 200 INSURER D. GEHERAL AGGICGATE Tampa, FL 33602 I INSURER PROOU CTS- COMPIOP AGG COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 70 7H INSURED NAMED ABOVE FOR 7HE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR NAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND COND71MS OF SUCH POLICIES. AGGREGATE LIRA RS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. pOLILV NIMBER POLICY EFFECTIVE POLICY ENPMAT VON LIMITS TYPE OF IN$URANLE EACHOCCURRENCE S1 ODD 000 L LIABILITY BK01364219 05/01/06 05/01/07 DAMAGETORENTED $300 000 OMMERCIAL GENERAL LIABILITY MER EXP one S1O 000 CLAIMS MAOE ❑X OCCUR ON L & INJURY PERSONAL d ADV INJURY $1 0D0 000 GEHERAL AGGICGATE $2 008 000 PROOU CTS- COMPIOP AGG $2000000 AGGREGATE I iMIT APPLIES PER RP LOC OLICY JECT MOBILE LIABILITY BKO1364219 05101106 05/01/07 COMBINEU SINGLE LIMP NY AUTO LL OWNED AUTOS CHEDULED AUTOS IREDAIl105 JA ON.OWNED M1T05 fiE LIABILRY NYAUIO SSAIMBRELUUABILFFY CCUR ❑ CLAIMS PAUE BKO1364219 05/01/06 05/01107 EWCIIBLE X RETENTION $ WORMOOMPENSAIION ANO EMPLOYERS' LIABILITY U649L0668407 04/01107 04!07/08 EA. EACH ACCIDENT $1000000 EL DISEASE - EA EMPLOYEE $1,000,000 ANY PROPRIFTORIPARTNEWEXECUTIVE OFFICEWMEMBER EXCLUDED? EL .DISEASE - POLICY LIMIT 51 000,000 If Yes. dsonbe undo SPECIAL PROVISIONS nnlnu OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES; EXCLUSIONS ADDED BY ENODRSEMEA'I I SPECIAL PROVISIONS RE: RFP 064047 Eminent Domain Legal Services Certificate Holder is additional insured as respects to the General Liability. Collier County Board of County Commissioners Naples, FL ACORD 25 (2001108) 1 of 2 9S139732IM139712 ZANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 15FEOF,THIeISSUING INSUREMWaLx$CIBBIBAxXeLeAR. i_ DAYSWRRTEN TO IRS CERTIFICATE HOLIRR IANI O 101 HE LEF I.*XXX*MXXX SQQKX9YJRx AUTyO,RIZ�EO REPRE_SS�+ TATVE Ot-"�� M. OLy. WO Aa ----- BiM ® ACORD CORPORATION 198E Date: 03/02/07 Ti.: 04:19 a To: 12395306691,,,III Agen did ;Bmo6lE;.o8m K 1 April 24.. 2007 Page 9 of 25 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 requlre an endorsement. A statement on this certificate does not corder 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 25S 120011081 Agenda Item No. 16K1 April 24, 2007 Page 10 of 25 Contract 06 -4047 Eminent Domain Legal Services AGREEMENT FOR LEGAL SERVICES THIS AGREEMENT FOR LEGAL SERVICES made and entered into this 27th day of February, 2007, by and between the boars OT Uounry Commissioners, (hereinafter referred to as the "Board" and /or "County "), and the law firm of da la Parts & Gilbert, 101 East Kennedy Boulevard, Suite 3400, Post Office Box 2350, Tampa, Florida 33601 -2350, (hereinafter referred to as "Counsel ") WITNESSETH: WHEREAS, Counsel has special expertise and resources in the acquisition of property through eminent domain proceedings; and WHEREAS, the Board from time to time has a requirement and need for legal services which are particularly within the expertise of Counsel; and NOW, THEREFORE, in consideration of the premises and covenants contained herein, the parties mutually agree as follows: 1. Counsel agrees to render legal services to the County for work relating to the County's acquisition of property including eminent domain proceedings that may be assigned to Counsel from time to time by and through the County Attorney's Office. 2. For all land acquisition and eminent domain work performed by Counsel, the Board, through the Office of the County Attorney or the County's Transportation Division, agrees to pay Counsel as compensation for legal services at Counsel's rate of $200.00 per hour for Shareholders for all trial work and non -trial work and $150.00 per hour for Associates for trial work and non -trial work. Counsel shall be compensated at $90.00 per hour for Paralegals and Law Clerks providing services hereunder. Agenda Item No. 16K1 April 24. 2007 Paae 11 of 25 3. The Board hereby agrees to reimburse Counsel for actual costs incurred including costs of mailing, copies, facsimiles, telephone expense and document transmittal expenses (e.g., "Federal Express ", etc.) incurred pursuant to this Agreement, provided that such costs are supported by appropriate documentation submitted with the invoice or statement for legal services to the County Attorney. Counsel's travel expenses are expressly excluded from this Agreement unless approved in advance by the County Attorney. 4. A statement or invoice for services and direct costs incurred by Counsel shall be billed to the County Attorney on a monthly or quarterly basis at the discretion of Counsel. All invoices shall be itemized and contain, as a minimum, the following information: 1) The proper name of the payee as it appears in the Agreement; 2) The date of the invoice; and 3) the contract number and name, and 4) The description of services and the time period in which billable services were rendered. All payments and the resolution of any disputes regarding such are subject to and shall be processed in accordance with Chapter 218, Part VII, Florida Statutes, otherwise known as "The Florida Prompt Payment Act." The County shall pay all invoices submitted in accordance with the provisions of Section 128.74, Florida Statutes. If the County fails to pay any invoice for consulting services within the time period specified in Section 218.74, Florida Statutes, Counsel shall have the right to invoice for interest on the unpaid invoice at the rate of one percent (1 %) per month compounded monthly commencing thirty (30) days after the due date. 5. Counsel shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement and shall not subcontract its responsibilities to the Board under this Agreement. 6. Counsel shall carry Lawyer's Professional Liability insurance in an amount not less than $1,000,000 per occurrence. An insurance certificate evidencing this Lawyer's Professional Liability insurance requirement shall be attached to this agreement. 2 Agenda Item No. 16K1 April 24, 2007 Page 12 of 25 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 Comprehensive General Liability Policy. Current, valid insurance policy(ies) meeting the requirement herein identified shall be maintained by Counsel during the duration of this Agreement. Renewal certificate(s) shall be sent to the County thirty (30) days prior to the expiration date(s) on any such policy(ies). There shall be a thirty (30) day notification to the Board in the event of cancellation or modification of any stipulated insurance coverage. 7. To the maximum extent permitted by Florida law, the ContractorNendor /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 ContractorNendor /Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. I his indemnification obligation shall not be construed to negate, abridge or reduce any other 7 Agenda Item No. 16K1 April 24, 2007 Page 13 of 25 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. 8. Counsel agrees to obtain and pay for all permits and licenses necessary for the conduct of its business and agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by Counsel. Counsel shall also be solely responsible for payment of any and all taxes levied on Counsel. In addition, Counsel 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. 9. The parties hereto acknowledge and agree that through the provision of legal services to the County as contemplated by this contract, Counsel will gain knowledge and information as to existing litigation strategies, including pre - litigation planning, and may be fundamental in establishing future litigation and pre - litigation strategies for the County. The parties agree that the use of this information in the representation and defense of property owners against the County may undermine the effectiveness of such strategies and may adversely affect the County. The parties agree further that Counsel's representation of private clients against the County could disadvantage the County in future acquisitions. Counsel agrees, therefore, that while under contract with the County and for two (2) years following the expiration /termination of this Agreement, Counsel or any of its employees, associates or partners will not represent any property owners in any eminent domain actions initiated by Collier County without the County's written consent. 10. It is mutually agreed between the parties that all authorization for services shall originate with the County Attorney. 11. Either party may terminate this Agreement for convenience with a minimum of thirty (30) days written notice to the other party. The parties shall deal with each other in good faith during the thirty (30) day period after any notice of intent to 4 Agenda Item No. 16K1 April 24, 2007 Page 14 of 25 terminate for convenience has been given. The County reserves the right to terminate this Agreement immediately, for cause, upon written notice to Counsel. 12. This Agreement shall be effective upon execution by the Board and Counsel. 13. Unless terminated pursuant to Section 11, this Agreement shall be for a term of two (2) years. This Agreement may be renewed for two additional terms of one (1) year per term upon written notice by County to Counsel prior to expiration of this Agreement. IN WITNESS WHEREOF, Counsel and the Board have each respectively, by an authorized person or agent, hereunder set their hands and seals on the day and year first above written. DATED: ATTEST: DWIGHT E. BROCK, Clerk Kathy Nalewski Printed/Typed Name (2) Erin McNulty Printed/Typed Name BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 0 James Coletta, Chairman da la Parte & Gilbert, P.A. Vivian Arenas By: , i n �, C ", Approved as to form and legal sufficiency: Jennifer A. Belpedio Assistant County Attorney s Executive Risk Indemnity Inc. 101 PC.. R .d Coryo"uav Syaw, fnc. Witming,au. DE 19805-1]9] Administrative Offices /Mailing Address: 82 Hopmeadow Street Simsbury, Cormectimt 06070 -7683 Agenda Item No. 16K1 April 24. 2007 Page 15 of 25 ABA EMPLOYERS EDGE5M AN EMPLOYMENT PRACTICES LIABILITY INSURANCE POLICY FOR LAW FIRMS AMERICAN BAR ASSOCIATION ENDORSED BY THE AMERICAN BAR ASSOCIATION DECLARATIONS THIS IS A CLAIMS MADE POLICY WITH DEFENSE EXPENSES INCLUDED IN THE LIMIT OF LIABILITY. PLEASE READ THE ENTIRE POLICY CAREFULLY. RENEWAL OF POLICY NUMBER 8169 -9997 8169 -9997 NOTICE: THIS IS A CLAIMS MADE POLICY WHICH APPLIES, SUBJECT TO ITS TERMS, ONLY TO "CLAIMS" FIRST MADE DURING THE "POLICY PERIOD," OR, IF PURCHASED, ANY EXTENDED REPORTING PERIOD. THE LIMIT DF LIABILITY AVAILABLE TO PAY DAMAGES OR SETTLEMENTS WILL BE REDUCED BY "DEFENSE EXPENSES," AND "DEFENSE EXPENSES" WILL BE APPLIED AGAINST THE RETENTION. THE UNDERWRITER WILL HAVE NO DUTY TO DEFEND ANY "CLAIM." ITEM 1. INSURED FIRM - NAME AND PRINCIPAL ADDRESS: ITEM 2. POLICY PERIOD: de la Parte and Gilbert, P.A. (a) Inception Date: August 15, 2006 101 East Kennedy Blvd. (b) Expiration Date: August 15, 2007 Suite 3400 at 12:01 a.m. both dates at the Principal Tampa, FL 33602 Address in ITEM 1. Predecessor Firm(s):N /A Address(es): N/A ITEM 3. LIMIT OF LIABILITY (Inclusive of Defense Expenses): (a) $1,000,000.00 maximum Limit of Liability for each Claim. (b) $1,000,000.00 maximum aggregate Limit of Liability for all Claims. ITEM 4. RETENTIONS: ITEM 5. RETROACTIVE DATE: (a) $25,000.00 each and every Claim. (b) $0.00 aggregate. Date of Organization ITEM 6. PREMIUM ITEM 7. EXTENDED REPORTING PERIOD: $7,492.00 premium. one year Extended Reporting Period. Due 45 days from the end of the month in which the $11,238.00 additional premium for Extended Reporting premium is effective Period. ITEM 8. ENDORSEMENTS ATTACHED AT ISSUANCE: C26349 (5/98 ad.) D34075 (4/06 ad.) C26998 (7/98 ad.) D27802 (10/03 ad.) D32433 (4/02 ad.) D33517 (4/04 ad.) D33522 (4/04 ad.) „Wav ve,.,a,auvus, me compte[ea signea Application and the Policy with Endorsements shall constitute the contract between the Underwriter and the Insureds_ May 13, 1998 Form C26027 (4198 ed) Catalog No. ABAd -I Agenda Item No. 16K1 April 24, 2007 Page 16 of 25 ACORD,. CERTIFICATE OF LIABILITY INSURANCE DEOLP.P 1 DA 10/23 0 PRODUCER Professional Risk Specialty Gr A Division Of Brown 6 Brown, I 5900 N Andrews Avenue Ste. 401 FHIS 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. IYPE OF INSURANCE GENERAL LIABILITY POLICY NUMBER Ft Lauderdale FL 33309 Phone: 954- 453 -6280 PaX:954- 429 -9487 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Westport Insurance Corp. * 34207 INSURER& COMMERCW. GENERAL LIABILITY INSURER C: de la Parte 6 Gilbert(. PA 10, E. Kenn -edv Blvd, »3'4 Tampa 6 UD'2L INSURER O S INSURER E: GWChW Iza THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD IN "TED. 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 SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSIK LTR SR IYPE OF INSURANCE GENERAL LIABILITY POLICY NUMBER pATE NM DATE MM O LIMITS EACH OCCURRENCE 25000000 PREMISES Ee ocoamwo $ COMMERCW. GENERAL LIABILITY MED EXP (Airy cm P M) S A X CLAIMS MADE -1 OCCUR X Lawyers Pro£__Lia_b WLW309002938702 FDLL PRIOR 10/26/06 10/26/07 PERSONAL S ADV INJURY 1 GENERAL AGGREGATE $5000000 GENL AGGREGATE LIMITAPPLIES PER: PRODUCTS- COMPIOP AGG $ POLICY JE C LOG AUTOMDBILELIABILITY COMBINED SINGLE LIMIT (Ea eoddeeL) $ ANY AUTO BOOBY INNRY (Par Peron) -- $ ALL OWNED AUTOS SCHEDULEDAUTOS -- HIREOAUTOS BODILYMURY (P- a -IdoM) $ NONOWNED AUTOS PROPERTY DAMAGE (Per .. di nl) $ GARAGE LIABILITY AUTO ONLY - EAACCIDENT S OTHER THAN FA ACC AUTO ONLY: AGO 1 ANY AUTO $ EXCESSNNBRELLA LU.BILITY EACH OCCURRENCE 4 AGGREGATE S OCCUR CLAWS MADE i _ $ DEDUCTIBLE 1 RETENTION i WORKERS COMPENSATION AND TORY LIMITS I ER _ EL. EACH ACCIDENT EMPLOYERS LIABILITY ANY PROPIBETOR'PARTNERIEXECUTNE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE 2 E.L. DI5EASE -POUCY LIMIT i IIYes des -©@ZO SPEdIAL PROVISIONS below OTHER DESCRIPTION OF OPERAnONSI LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT / SPECML PROVISIONS Collier County 3301 E. Tamiami Trail Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYSWRMMN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SRALL IMPOSE NO OBLIGATION OR LABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Agenda Item No. 16K1 April 24.. 2007 Page 17 of 25 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. 25 (2001109) Agenda Item No. 16K1 April 24, 2007 r`II Page 18 of 25 7 ATE OF LIABILITY INSURANCE ACORM CERTIFICATE DAM (MMMDIYYYY) 02109,07 PRODUCER HRH of Tampa 4890 W. Kennedy Blvd, Ste. 850 THIS CERTIFICATE IS ISSUED AS AMATTER 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 NAIC # Tampa, FL 33609.1680 813 289 -6386 INSURED de la Parte & Gilbert, P.A. INSURER Hartford Casualty 29424 INSURER B: PRODUCTS- COMPIOPAGG INSURER C: PRO- LOC POLICY JECT 101 E. Kennedy Blvd. Suite 3400 INSURER M A Tampa, FL 33602 INSURER E'. LMBILRY 21SBAK07317 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, , THE INSURANCE SHOWN POLICIES D SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AO EL MAY HAVE BEEN ED BY PAID CLAIMS. POLICYEFFECTIVE POLICYEXPIRATION LIMITS I S TYPE OF INSURANCE POLICY NUMBER T M D T MM DO LTR N EACH OCCURRENCE i1 OOO 000 A GENERAL LIABILITY 21SBAK07317 07127106 07127I07 DAMAGETORENTE $300 000 D pgpmlqpq -- X COMMERCIAL GENE0.PL LIABILffY MED EXP (Any dne person) $10000 CLAMS MADE a OCCUR PERSONAL 6 ADV INJURY $1000000 GENERAL AGGREGATE s2.000.000 GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMPIOPAGG EZ 000 000 PRO- LOC POLICY JECT A AUTOMOBILE LMBILRY 21SBAK07317 07/27/06 07127107 COMBINED SINGLE LIMIT (Ee..Idenl) 11,000,000 ANYAUTO ALL OWNED AUTOS Y INJURY ron) f SCHEDULED AUTOS X HIREDAUTOS - Y INJURY xad.w) f X NON- OWNEDAUTOS ERTY DAMAGE ccidenl) E ONLY - EA ACCIDENT $ GARAGE LIABILITY ANY AUTO R THAN EA ACC ONLY AGO jwc E EXCESWUMBRELLA LIABILITY OCCURRENCE EGATE OCCUR FICLAIMS MADE OEOUCTIBLE f A RETENTION 3 WORKERS COMPENSATION AND EWPLOYERTUABILm' 21WECEX7167 07!27106 WC STATU- OTH- E.L EACH ACCIDENT $100000 E.L. DISEASE - EA EMPLOYEE 000,00D ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMSER EXCLUDED] If des, describe under EL. DISEASE - POLICY LIMIT $5001000 SPECIAL PROVISIONS Ylew OTHER DESCRIPTION OF OPERATIONS I LOCATIONS! VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Contract 05.3792 - Fixed Term Utility Specialized Legal Services Collier County Government is listed as additional insured. Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 ACORD 25 (2001108) 1 of 2 #S204105/M204104 ANY OF THE ABOVE D93CRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION IEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3D_ DAYS WRITTEN TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SMALL NO OBLIGATION OR LABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR DBAC2 O ACORD CORPORATION 198E Agenda Item No. 16K1 April 24, 2007 Page 19 of 25 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement($). 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-S (2001/08) 2 of 2 #S2041051M204104 Agenda Item No. 16K1 April 24. 2007 Page 20 of 25 Contract 06 -4047 Eminent Domain Legal Services AGREEMENT FOR LEGAL SERVICES THIS AGREEMENT FOR LEGAL SERVICES made and entered into this 27th day of February, 2007, by and between the Board of County Commissioners, (hereinafter referred to as the "Board" and /or "County "), and the law firm of Fixel, Maguire &Willis, 211 S. Gadsden Street, Tallahassee, Florida 32301, (hereinafter referred to as "Counsel "). WITNESSETH: WHEREAS, Counsel has special expertise and resources in the acquisition of property through eminent domain proceedings; and WHEREAS, the Board from time to time has a requirement and need for legal services which are particularly within the expertise of Counsel; and NOW, THEREFORE, in consideration of the premises and covenants contained herein, the parties mutually agree as follows: 1. Counsel agrees to render legal services to the County for work relating to the County's acquisition of property including eminent domain proceedings that may be assigned to Counsel from time to time by and through the County Attorney's Office. 2. For all land acquisition and eminent domain work performed by Counsel, the Board, through the Office of the County Attorney or the County's Transportation Division, agrees to pay Counsel as compensation for legal services at Counsel's rate of $250.00 per hour for all trial work and $220.00 per hour for non -trial work. Counsel shall be compensated at $65.00 per hour for paralegals providing services hereunder. Agenda Item No, 1,3K1 April 24, 2007 Page 21 of 25 3. The Board hereby agrees to reimburse Counsel for actual costs incurred including costs of mailing, copies, facsimiles, telephone expense and document transmittal expenses (e.g., "Federal Express ", etc.) incurred pursuant to this Agreement, provided that such costs are supported by appropriate documentation submitted with the invoice or statement for legal services to the County Attorney. Counsel's travel expenses are expressly excluded from this Agreement unless approved in advance by the County Attorney. 4. A statement or invoice for services and direct costs incurred by Counsel shall be billed to the County Attorney on a monthly or quarterly basis at the discretion of Counsel. All invoices shall be itemized and contain, as a minimum, the following information: 1) The proper name of the payee as it appears in the Agreement; 2) The date of the invoice; and 3) the contract number and name, and 4) The description of services and the time period in which billable services were rendered. All payments and the resolution of any disputes regarding such are subject to and shall be processed in accordance with Chapter 218, Part VII, Florida Statutes, otherwise known as "The Florida Prompt Payment Act." The County shall pay all invoices submitted in accordance with the provisions of Section 128.74, Florida Statutes. If the County fails to pay any invoice for consulting services within the time period specified in Section 218.74, Florida Statutes, Counsel shall have the right to invoice for interest on the unpaid invoice at the rate of one percent (1 %) per month compounded monthly commencing thirty (30) days after the due date. 5. Counsel shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement and shall not subcontract its responsibilities to the Board under this Agreement. 6. Counsel shall carry Lawyer's Professional Liability insurance in an amount not less than $1,000,000 per occurrence. An insurance certificate evidencing this Lawyer's Professional Liability insurance requirement shall be attached to this agreement. 2 -4- Agenda Item No. 16K1 April 24. 2007 Page 22 of 25 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 Comprehensive General Liability Policy. Current, valid insurance policy(ies) meeting the requirement herein identified shall be maintained by Counsel during the duration of this Agreement. Renewal certificate(s) shall be sent to the County thirty (30) days prior to the expiration date(s) on any such policy(ies). There shall be a thirty (30) day notification to the Board in the event of cancellation or modification of any stipulated insurance coverage. 7. To the maximum extent permitted by Florida law, the ContractorNendor /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 ContractorNendor /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 3 Agenda Item No. 16K1 April 24, 2007 Paae 23 of 25 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. 8. Counsel agrees to obtain and pay for all permits and licenses necessary for the conduct of its business and agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by Counsel. Counsel shall also be solely responsible for payment of any and all taxes levied on Counsel. In addition, Counsel 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. 9. The parties hereto acknowledge and agree that through the provision of legal services to the County as contemplated by this contract, Counsel will gain knowledge and information as to existing litigation strategies, including pre - litigation planning, and may be fundamental in establishing future litigation and pre - litigation strategies for the County. The parties agree that the use of this information in the representation and defense of property owners against the County may undermine the effectiveness of such strategies and may adversely affect the County. The parties agree further that Counsel's representation of private clients against the County could disadvantage the County in future acquisitions. Counsel agrees, therefore, that while under contract with the County and for two (2) years following the expiration /termination of this Agreement, Counsel or any of its employees, associates or partners will not represent any property owners in any eminent domain actions initiated by Collier County without the County's written consent. 10. It is mutually agreed between the parties that all authorization for services shall originate with the County Attorney. 11. Either party may terminate this Agreement for convenience with a minimum of thirty (30) days written notice to the other party. The parties shall deal with each other in good faith during the thirty (30) day period after any notice of intent to 4 Agenda Item No. 16K1 April 24, 2007 Page 24 of 25 terminate for convenience has been given. The County reserves the right to terminate this Agreement immediately, for cause, upon written notice to Counsel. 12. This Agreement shall be effective upon execution by the Board and Counsel. 13. Unless terminated pursuant to Section 11, this Agreement shall be for a term of two (2) years. This Agreement may be renewed for two additional terms of one (1) year per term upon written notice by County to Counsel prior to expiration of this Agreement. IN WITNESS WHEREOF, Counsel and the Board have each respectively, by an authorized person or agent, hereunder set their hands and seals on the day and year first above written. DATED: ATTEST: DWIGHT E. BROCK, Clerk WITNESSES: (1) Signature ✓a,/e��e� ass Printed/Typed Name (2) , �,�... �- '- Printed/Typed Name BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: James Coletta, Chairman By: Approved as to form and legal sufficiency: Jennifer A. Belpedio Assistant County Attorney Fixel, Maguire & Willis 5 02/09/2007 13:43 FAX 650 224 6413 JOE WILLIAMSON STATEFARM �IO a /001 Agenda Item N'0. �D �/� April 244�jZ / $00 Page 2! 5 CERTIFICATE OF INSURANCE .... ,... This certifies that ❑ STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois ❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomngon, Ilkwis ,.....« ❑ STATE FARM FIRE AND CASUALTY COMPANY, Aurora, Ontario ® STATE FARM FLORIDA INSURANCE COMPANY, Willa Haven, Florida ❑ STATE FARM LLOYDS, Dallas, Texas Insures the following policyholder for the coverages indicted below: Policyholder Address of poloyholder Location of operations Description of operations Fixel, Maguire, i willis 211 S Gadsden St Tallahassee, FL 32301 211 S Gadsden St Tallahassee, FL 32301 f 1010 Executive Center Dr Orlando, FL Eminent Domain Legal Services Contract 03 -3416 The pofioes fisted below hem been iseved to the poWwlder for the policy periods sham. The nsura im described in these poides is subject to all the terms, sfaiusions, and conditions of thoea policies. The emits of fablfity shown mov have Bean ,ad d by ar now .ae�...� POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Effective Date Expinition Dab LIMITS OF LIABILITY (at beginning of policy psrlod) 98PT94935B Comprehensive 08 /15/06 08/15/07 BODILY INJURY AND 98PX3453419 '-- °--------------------"-° Business Liability 10/22/06 10/22/07 PROPERTY DAMAGE This insurance indude6: --"----'- °----�--"----- '---------------------------------- Products - Competed Operations ® Contractual Liability Each Ommence $1, 000, 000 ❑ Personal Injury ❑ Advertising Injury General Aggregate $2,000,000 ® EM Dishonesty - $10,000 ® FE Terrorism Nate Products— Completed $2,000,000 ❑ Operations Aggregate POLICY PERIOD BODILY INJURY AND PROPERTY DAMAOP EXCESS LIABILITY Effective Dab Expiration Dab (Combined Single Limit) ❑ Umbrella Each Occurrence $ ❑ Other Aggregate $ POLICY PERIOD Part I - Workers Compensation - Statutory Effective Date ; apiraltion Data 990BO2143F Workers'Compensabon Pan II - Employers Liability 06/23/06 06/23/07 and Employers liebLYty Each Accident $500,000 Disease - Each Employee $500,00o Disease- Policy Limit $500,000 POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE EI►scC" Dole ! Expiration Date (at beginning of policy period) 5150210E2059G Auto 08/20/06 02/20/07 5001000 15001000 /1001000 THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY OR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. Name and Address of Certificate Holder ADDITIONAL INSURED Collier County Government Attn: Diaana DeLeon Board of County Commissioners 3301 Tamiaai Trail Naples, FL 34112 55"W AA PlMtedM UAAA acv, 06412000 If any of the described policies are canceled before their expiration date, Slate Farm will try to mall a whiten notice to the holler 30 days before canc711alion. tail to me7 such notice, no or be inposed an State Farm or Its a nts are tatives. AGENT Tihe Agent Means Telephone Number 850 - 224 - 1748__ Agenra CAN Stamp Agent Code 6041 AFO Cods F357 Agenda Item No. 16K2 April 24, 2007 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve the Second Offer of Judgment in the amount of $20,000 as to Parcels 114 & 914 in the lawsuit styled CC v. Elias Valencia, et al., Case No. 03- 2274 -CA (Golden Gate Parkway Project No. 60027). (Fiscal Impact $7,600, if accepted) OBJECTIVE: That the Board of County Commissioners approve and authorize the making of a second Offer of Judgment pursuant to § 73.032, Fla. Stat., to Respondents, Ronald G. Bender and Michele J. Bender( "Respondents "), in the amount of $20,000, as full compensation, exclusive of attorney's fees and costs, for the acquisition arising out of the condemnation of Parcel Nos. 114 and 914 in Collier County v. Elias Valencia, et al., Case No. 03- 2274 -CA (Golden Gate Parkway Project No. 60027). CONSIDERATIONS: On September 26, 2003, Collier County deposited $12,400 into the Court Registry and acquired title to Parcels 114 and 914 in accordance with the Order of Taking entered on September 12, 2003. An Offer of Judgment in the amount of $14,800 was made to Respondents on April 27, 2004, which was rejected. A written offer in the amount of $16,500 was made to Respondents on January 25, 2007, which was rejected. The County Attorney's Office would like to make a second Offer of Judgment in the amount of $20,000, as full compensation for the property taken, exclusive of attorney's fees and costs. See attachment. The making of the Offer will require Respondent to carefully assess his/her claim within 30 days. If the offer is rejected and Respondent fails to recover more than $20,000 through settlement or jury verdict, the County will not be required to pay any costs, including appraisal and other expert fees, incurred by Respondent after the date of the offer's rejection. Should the Respondent accept, the County will be required to pay as follows: • Additional Compensation for Parcel $7.600.00 TOTAL COST: $7,600.00 FISCAL IMPACT: Funds in the amount of $7,600.00 are available in the FY 2007 adopted budget. Source of funds are Gas Taxes and/or Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: Approve and authorize service of the Offer of ,Judgment; I . Approve the expenditure of funds as stated, if the offer is accepted; 2. Approve entry of a Stipulated Final Judgment and expenditure of the funds, if the offer is accepted. PREPARED BY: Heidi F. Ashton, Assistant County Attorney 03 -2274m A9endaltem N0.16K2 April 24, 2007 Paye 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS m Item Number: 16K2 Recommendation to approve the Second Offer of Judgment in the amount of 520.000 as to Item Summary : Parsed 114 & 914 in the lawsuit styled CC v. Elias Valenma el el Case No 03- ;2i4 -CA 1Goldeo Gate Parkway Pm,at No 60027) (Flacal Impact Se 600 If aooepted) Meeting Date: 4/2412007 9.001 OO AM Prepared By Haim E. Ashton Assistant County Attorney Date County Attorney County Attorney Office 312712007 2:46:16 PM Approved By Norm E Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Servmes Atlmin. 3127120074:08 PM Approved By Sharon Newman AccqunOng Supervisor Dale Transportation Services Transportation Services Atlmin 3127120079:51 PM Approved By Lisa Taylor MareporenflBitti Analyst Data Transportaton Services Transportation Administranon 3128120D711:04 AM Approved By Kevin Hentlrlcks Right Of Way ACqulstbon Manager Date Trance.danen Services TEOM -ROW 3130120071155AM Approved By NalebAnti Director Date T rnnsuorcatmn'cngineenng 8 4/512007 8:32 AM I rano.ammeion Services C.duh-coon Management Approved By lieltlf P. tenter'. Assistant County Attorney Dar¢ County Attorney County Anumoy Offco 415120071150 AM Approved By David C Weigel County Attorney Date County Attorney County Attorney Dfflca 411 21200 7 10: 45 AM Approved By OMB COOrd'md r Admtoistretive Assistant Date County Manager's Office Office of Management B Budget 4112120072: 40 PM. Approved By Mindael Smykowski Management 6 Budget Director hate County Manager s Office Office of Management & Budget 411312007 140 PM Approved By James V. Mudd County Manager Date Board of County county Managers Office 411412007 9:55 AM Commissioners Approved By Susan Usher Senior Managereentl6edget Analyst Date County Mo n"i-a OfGCe Office of Management B budget 411512007 2 :47 PM Agenda Item No. 16K2 April 24, 2007 Page 3 of 4 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Case No. 03- 2274 -CA Florida, Petitioner, Parcel Nos.: 114 & 914 vs. ELIAS VALENCIA, et al. Respondents. SECOND OFFER OF JUDGMENT TO: Ronald G. Bender, Trustee under that Certain Declaration of Trust dated May 17, 1992 2660 66h Street SW Naples, FL 34105 -7310 Michele J. Bender, Trustee under that Certain Declaration of Trust dated May 17, 1992 2660 661" Street SW Naples, FL 34105 -7310 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding Second Offer of Judgment in this action to the Respondents, RONALD G. BENDER and MICHELE J. BENDER, as Trustees under that Certain Declaration of Trust dated May 17, 1992 ( "Respondents "), for all compensation, including severance damages, statutory interest, business damages, costs to cure, together with the value of the taking, and any other claims of Respondent arising out of the taking of Parcels 114 and 914 in the total amount of Twenty Thousand and No /100 Dollars ($20,000.00), for Parcels 114 and 914, which includes the amount of $12,400.00 which was deposited pursuant to the Order of Taking dated September 12, 2003. Agenda Item No. 16K2 April 24, 2007 Page 4 of 4 There are no non - monetary terms or other relevant conditions to this offer except that this offer does not include interest from the date of the Order of Taking or attorneys fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondents' review upon reasonable notice of such a request. Dated this day of April, 2007. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 - Telephone (941) 774 -0225 - Facsimile IM 01 HEIDI F. ASHTON, ESQUIRE Florida Bar No. 0966770 ATTORNEY FOR PETITIONER CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail this _ day of April, 2007, to all persons listed below. HEIDI F. ASHTON, ESQUIRE PARCELS 114 & 914 ALL PARCELS Ronald G. Bender, Trustee Michele J. Bender, Trustee 2660 66th Street SW Naples, FL 34105 -7310 Collier County Tax Collector c/o E. Glenn Tucker, Esquire RHODES, TUCKER & GARRETSON P. O. Box 887 Marco Island, FL 34145 Agenda Item No. 16K3 April 24, 2007 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to authorize staff to prepare and submit applications to register service marks with the United States Patent & Trademark Office and the State of Florida Division of Corporations to preserve the County's advertising, logos, phrases and slogans. OBJECTIVE: That the Board of County Commissioners authorize staff to prepare and submit applications to register service marks with the United States Patent & Trademark Office and the State of Florida Division of Corporations to preserve the County's advertising, logos, phrases and slogans. CONSIDERATIONS: On January 10, 2006, the Collier County Tourism Department (Naples, Marco Island, Everglades Convention & Visitor's Bureau) began the use of two logos incorporating the phrases "Paradise Coast Blueway" and "Paradise Coast Blueway — The Collier County Paddling Trail", in promotional materials to assist users of the Blueway paddling trail. In addition, the Tourism Dept. has plans to use the logos to promote tourism in Collier County via a website, signs, maps, brochures, and other advertising and business usages. Collier County has established a right to use through legitimate use of the logos and phrases since January 10, 2006. By registering service marks with the State of Florida, the County will be afforded additional legal protection of its use of the logos and phrases for advertising and business within the state. By registering the logos and phrases with the United States Patent & Trademark Office, the County will be provided additional legal protection of its use of the logos and phrases in advertising outside the state. The County will need to register one logo with the phrase, "Paradise Coast Blueway", and another logo with the phrase "Paradise Coast Blueway — The Collier County Paddling Trail." The cost to file a service mark application with the state is $87.50 per application. The County will need to file two separate applications with the state. The cost to file a service mark application with the United States Patent & Trademark Office is $375.00 per application. The County will need to file two separate federal applications. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: The total cost associated with filing the state and federal applications is $925.00. Funds are available in account no. 194 - 101540. RECOMMENDATION: 1. That the Board of County Commissioners authorize staff to prepare and submit applications to register one logo with the phrase, "Paradise Coast Blueway ", and another logo with the phrase "Paradise Coast Blueway — The Collier County Paddling Trail," with the United States Patent & Trademark Office and the State of Florida Division of Corporations for use by the Collier County Tourism Department (4 total applications: 2 state, 2 federal); 2. Approve the expenditure of funds as stated. 3. Authorize the Chairman to execute the completed applications on behalf of Collier County after approval by the County Attorney's Office. PREPARED BY: Heidi F. Ashton, Assistant County Attorney, Office of the Collier County Attomey Agenda Item No 16K3 April 24, 2007 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: ?6K3 Recommendation to authorize waft t0 prepare and submit applications to register service Item Summary: marks win true Umted States Fatent & Trademar, Oftme and the State of Florida Division of Corporations to preserve the Courttys advertising, logos, phrases and slogans. Meeting Date: 4124/2001 9.00.00 AM Prepared By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 313012007 12:21:29 PM Approved By Jaek Wert Tourism Director Date County Managers CHice Tourism 313012007 12 -,39 PM Approved By Heitll F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 4112007 11:51 AM Approved By David C Welgel County Attorney Data County Attorney County Attorney Office 411212007 10 46 AM Approved By OMB COordinet0r Administrative Assistant Date County Manager's Ot4ice Offce of Management & Budget 4/1212007 2:41 PM Approved By Mark leacksou Budget Analyst Date County Manager's Office Oft'. of 1Aana9emont&6udyot 4112120072'. 59 PM Appruyed By James V. Mudd County Manager Date Board of Oounty County Managers Office 411212007 5.04 PM Dommissiooers Agenda Item No. 16K3 April 24. 2007 Page 3 of 3 1 • THE COLLIER COUNTY PADDLING TRAIL PARADISE COAST BLUEWAY Agenda Item No. 16K4 April 24, 2007 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve an Agreed Order Awarding Expert Fees and Costs for Parcel 178 in the lawsuit styled Collier County, Florida v. Teodoro Gimenez, et al., Case No. 04- 0561-CA (Vanderbilt Beach Road (CR862) Project No. 63051). (Fiscal Impact $22,000.00). OBJECTIVE: That the Board of County Commissioners approve the Agreed Order Awarding Expert Fees and Costs as to Parcel 178 in the lawsuit styled Collier County, Florida v. Teodoro Gimenez, et al., Case No. 04- 0561 -CA (Vanderbilt Beach Road (CR862) Project No. 63051). CONSIDERATIONS: The parties entered into Stipulated Final Judgment which was executed by Judge Brousseau on April 11, 2006. The total invoice submitted for engineering expert fees and costs was in the amount of $27,356.25. Through negotiation the parties have agreed to the amount of $22,000.00. If the Agreed Order is approved, the County is responsible for the following cost: • Expert Fees and Costs: TOTAL $22,000.00 $22,000.00 See attached Agreed Order Awarding Expert Fees and Costs for Parcel 178. FISCAL IMPACT: Funds in the amount of $22,000.00 are available in the FY 2007 adopted budget. Source of funds are Impact Fees and/or Gas Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Agreed Order Awarding Expert Fees and Costs for Parcel 178; 2. Approve the expenditure of funds as stated; and PREPARED BY: Ellen T. Chadwell, Assistant County Attorney Agenda Item No 1664 ApoI24, 2007 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K4 Recommendation to approve an Agreed Order Awordmg Expert Fees and Coots for Parcel Item Summary : 17S in the lawsuit styled Colllar Oounty. Florida v Tender. (3imene'_ et al Case No 04- 0561 CA {Vandsrdnh Beach Road (CR862) Prolecl No 69051) IFSord Impact 6:2.000.00; Meeting Date: 412412 0 01 9 Go 00 AM Prepared By Ellen T. Cltadwell Assi4tant County Attorney Date County Attorney County Attorney Office 4151200710:42'.47 AM Approved By Kevin Hendricks Right Of Way Acquisition Manager Data Transportation Sm"nat' TECM -ROW 4161200711:27 AM Approved By Lisa Taylor ManagementaBudget Analyst Date Transportation Services Transportation Administration 4110120071:38 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Data Transportation Services Transportation Services Adrom 4110120072.30 PM Approved By Neigh Ahmed Dimctar Can Transportation Engineering le 411112007 9 10 AM lranspohatwn Services Cmmr.rtion Management Approved By Sharon Newman en,During SUporvrsgr Dace Trnnepertatlon Services Transportation 5¢111- 15Admm 4111120 0 7 1.12 PM Approved By Llit u T, Chatlwell ,isistart County Attorney Date County Attorney Como, Attorney Office 41121200710:31 AM Approved By David C Warder County Attomly Data County Attorney County Attorney Office 4/121200710: 49 AM Approved By OMB Coortlimror Administrative Assstant Data County Manager's Office Office of Management S Budget W12120072:44 PM Approved By Michael Smykowski Management B Budget DVector Date County Managers Office Office of Mtansgereant 8 Budget a11312007 L58 PM Approved By James V. Mudd County Manager Data Board of County County Manager's Office 411412001 10,32 AM Commissioners Approved By Susan Usher Senior Managementle.dget Analyst Date County Managers Office Office of Management a Budget 411512007 3:03 1 Agenda Item No. 16K4 April 24.. 2007 Page 3 of 4 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Case No.: 04- 0561 -CA Petitioner, Parcel: 178 vs. TEODORO GUVIENEZ, et al., Respondents. AGREED ORDER AWARDING EXPERT FEES AND COSTS THIS CAUSE, having come before the Court upon joint motion of the parties, Petitioner, COLLIER COUNTY, FLORIDA, and Respondent, ROSS M. MCINTOSH, TRUSTEE OF THE GG /951 SOUTHWEST LAND TRUST, by and through their undersigned counsel, for entry of an Agreed Order Awarding Expert Fees and Costs, and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Respondent, ROSS M. MCINTOSH, TRUSTEE OF THE GG /951 SOUTHWEST LAND TRUST, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Twenty -Two Thousand and No /100 Dollars ($22,000.00) for engineering fees and costs of John M. Donaldson of JMD Engineering, Inc. incurred in the defense of this proceeding as to Parcel 178. ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall within thirty (30) days from the date of this Order, pay the total sum of Twenty -Two Thousand and No /100 Dollars ($22,000.00) to the LAW OFFICE OF BRIAN P. PATCHEN, P.A. TRUST ACCOUNT c/o Brian P. Patchen, Esquire, 1000 Brickell Avenue, Suite 1112, Miami, FL 33131 for proper disbursement in accordance with this Order. Agenda Item No. 16K4 April 24. 2007 Page 4 of 4 ORDERED AND ADJUDGED that no supplemental attorney's fees are awarded for the procurement of this cost and entry of this Order. ORDERED AND ADJUDGED the Court reserves jurisdiction to determine remaining fees and costs, including supplemental attorney's fees, for the appraisal services rendered in this matter. DONE AND ORDERED this _ day of , 2007, in Naples, Collier County, Florida. Conformed copies to: Ellen T. Chadwell, Esquire Brian P. Patchen, Esquire Kevin Hendricks, Mgr., ROWA Office JOINT MOTION CYNTHIA A. ELLIS Circuit Court Judge The undersigned parties hereby respectfully request this Court to enter the foregoing Agreed Order Awarding Expert Fees and Costs as to Parcel 178. Dated: BRIAN P. PATCHEN, ESQUIRE Florida Bar No.: 157545 LAW OFFICE OF BRIAN P. PATCHEN, P.A. 1000 Brickell Avenue, Suite 1000 Miami, FL 33131 (305) 372 -1112 - Telephone (305) 372 -3691 - Facsimile ATTORNEY FOR RESPONDENT Dated: ELLEN T. CHADWELL, ESQUIRq, Florida Bar No.: 0983860 COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, FL 34112 (239) 774 -8400 - Telephone (239) 774 -0225 - Facsimile ATTORNEY FOR PETITIONER Agenda Item No. 17A April 24; 2007 Page 1 of 5 " -. EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners adopt an Ordinance to amend Ordinance 2003 -39 for the purpose of changing all references to funding "traffic" education to "driver" education programs, increasing the surcharge amount the Clerk of Courts may collect on all civil traffic penalties from $3.00 per penalty to $5.00 per penalty and to require that each Driver Education Program receiving funds require a minimum of 30% of a student's time be behind -the -wheel training as authorized by Section 318.1215 of the Florida Statutes, entitled the "Dori Slosberg Driver Education Safety Act." OBJECTIVE: To request that the Board of County Commissioners adopt an Ordinance to amend Ordinance 2003 -39 for the purpose of incorporating changes recently made to Section 318.1215, Florida Statutes. CONSIDERATIONS: On March 27, 2007 the Board of County Commissioners directed staff to develop an amendment to Ordinance 2003 -39 for the purpose of incorporating changes recently made to Section 318.1215, Florida Statutes. The changes include the following: 1) Increasing the surcharge for each penalty from $3.00 to $5.00; 2) Changing references to funding "traffic" education to "driver" education programs; 3) Further clarification that the funds are to be used to enhance, and not replace driver education program funds; and 4) A stipulation that each program receiving funds require that a minimum of 30 percent of a student's time in the program be behind- the -wheel training. It is recommended that the Ordinance take effect and be implemented 30 days after its filing with the Department of State in order to ensure that the Clerk of Court and Sheriffs Office are able to adequently prepare to collect the increased penalty. FISCAL IMPACT: If the recommended amendments to the ordinance are approved, it is expected that an additional amount of approximately $150,000 for FY 08 will be collected and deposited into Fund 173 for direct education expenses of driver education programs in both public and non- public high schools. The FY 08 Budget estimates for revenues and expenditures will be modified to reflect the increased collections expected. GROWTH MANAGEMENT IMPACT: There is no impact to the growth management plan associated with these changes. LEGAL CONSIDERATIONS: The County Attorney Office has signed the attached Ordinance as being legally sufficient. RECOMMENDATION: That the Board of County Commissioners adopt an Ordinance to amend Ordinance 2003 -39 for the purpose of changing all references to funding "traffic" education to "driver" r. education programs, increasing the surcharge amount the Clerk of Courts may collect on all civil traffic penalties from $3.00 per penalty to $5.00 per penalty and to require that each Driver Education Program receiving funds require a minimum of 30% of a student's time be behind- the -wheel training as authorized by Section 318.1215 of the Florida Statutes, entitled the "Dori Slosberg Driver Education Safety Act." PREPARED BY: Marlene Foord, Grant Coordinator, Administrative Services Amanda Item No 17A April 24, 2007 Pane 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS n Item Number: 1:A Item Summary: Recommendation that the Boa, of County Commisc oners adopt an Ordinance to amend Ordinance 2005 -39 forme purpose of changing All refaremea to funding traffic eMucatmn m driver education programs, increasing the surr_herge amount the Clerk of Courts may collect on all feel flat,, penalties from F3.00 per penalty to 55.00 per penally and to mauire that each Driver Educator Program receiving funds require a minimum of 30 %n of a students time be pehmd- the -wheel naming as authorized by SecOen 318.1215 of the Denied Statutes . entitled the Don Slosderg Driver Education Safety Act Meeting Date: 4/24120079.00.00 AM Approved By Jennifer A. Siemens Assistant Coumy Attorney Date County Attorney County Attorney Office UW2007 5:06 PM Approved By Len Golden Price Addelchandlve Services Adeireslo er Data Administrative Services Adminiatrstive Services Amon. 41111200710'. 33 AM Approved By DMB Cidmdurnor Administrative Assistant Deie County Manager's Office Office of Management & Budget 411212007 7:36 AM Approved By Laura Davlsson Management & Budget Analyst Date County Manager's Office Office of Management Budget 41121200710: 54 AM Approved By Mmhael Smykowski Mon,vicint &Endear Dulm, Date county Manager's Office Office of Management &Burma. 4113120079: 15 AM Approved By James V. Mudd County Manager Date Board of County Count y Manager Office 411 612 0 07 to 45 AM Cammissi0ners Agenda Item No. 17A April 24, 2067 Page 3 of 5 ORDINANCE NO. 2007 - AN ORDINANCE AMENDING ORDINANCE 2003 -39, ALSO KNOWN AS THE DORI SLOSBERG DRIVER EDUCATION ORDINANCE, AS CODIFIED IN SECTIONS 2451 THROUGH 2456 OF THE CODE OF LAWS AND ORDINANCES IN ORDER TO INCREASE THE SURCHARGE THAT THE CLERK OF COURTS MAY COLLECT ON ALL CIVIL TRAFFIC PENALTIES FROM $3.00 PER PENALTY TO $5.00 PER PENALTY, CHANGE REFERENCES TO "TRAFFIC" EDUCATION TO "DRIVER" EDUCATION PROGRAMS, FURTHER CLARIFY THAT FUNDS ARE TO BE USED TO ENHANCE, NOT REPLACE DRIVER EDUCATION PROGRAM FUNDS AND STIPULATE THAT EACH PROGRAM RECEIVING FUNDS REQUIRE A MINIMUM OF 30 PERCENT OF A STUDENT'S TIME IN THE PROGRAM BE BEHIND - THE -WHEEL TRAINING; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 29, 2003, the Board of County Commissioners adopted Ordinance 2003 -39, otherwise known as the "Dori Slosberg Driver Education Ordinance" to authorize the Clerk of the Circuit Court to collect an additional three dollar ($3.00) surcharge on all civil traffic penalties in County Court to be used to fund the direct education expenses of traffic education programs in both public and non - public high schools; and WHEREAS, recent changes in Section 318.1215 of the Florida Statutes, entitled "Dori Slosberg Driver Education Safety Act ", authorize the Board of County Commissioners to amend the authorizing ordinance to increase the $3.00 per penalty surcharge to $5.00 per penalty, as well as several other modifications to clarify intent and criteria; and WHEREAS, the Board of County Commissioners of Collier County, Florida deems it appropriate and in the best interest of the public health, safety and welfare to adopt this Ordinance to collect an additional surcharge and make minor program modifications. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida that: SECTION 1: Collier County Ordinance No. 2003 -39 is amended as follows: SECTION THREE: COLLECTION OF SURCHARGE (1) Pursuant to § 318.1215 Fla. Stat., a ti,_, - ,�-(�' five dollar ($5.001 surcharge shall be added by the Collier County Court against every person who pleads guilty or nolo contendere to, or is convicted of, regardless of adjudication, a moving or non - moving civil traffic violation. (2) The five dollar ($5.00) surcharge shall be in addition to any fine, civil penalty or other court cost and will not be deducted from the proceeds of 1 of Agenda Item No. 17A April 24, 2007 Page 4 of 5 that portion of any fine or civil penalty which is received by Collier County in accordance with §§ 316.660 and 318.21 Fla. Star. (3) The tixee -dellm ($3.00) five dollar ($5.00) surcharge shall be specifically added to any civil penalty paid, whether such penalty is paid by mail, paid in person without request for hearing, or paid after hearing and determination by the court. SECTION FOUR: DISTRIBUTION OF FUNDS COLLECTED (1) The Clerk shall collect the five dollar ($5.00) surcharge in accordance with § 318.1215 Fla. Star. (2) All funds collected pursuant to this Ordinance shall be used for the exclusive purpose of funding driver education programs, and shall be deposited into a special trust fund to be used to exclusively fund the direct education expenses of tmff +e driver education programs in both public and non - public high schools. (2) All funds collected shall be used exclusively to supplement (enhance and not replace) funding for direct education expenses of traffie driver education programs in both public and non - public high schools. (3) Direct educational expenses are incurred for the purchase of goods and services including, but not limited to, driver education course materials, vehicles exclusively used for driver education programs, driver simulators, and salaries of driver education instructors and shall not include administrative expenses. SECTION FIVE: EXPENDITURE AND MANAGEMENT OF FUNDS BUDGETED (1) The County Manager, or his designee, with direction from the Board of County Commissioners, in accordance with § 318.1215 Fla. Star., and with the budget adopted by the Collier County Board of Commissioners, shall have the authority to provide for the expenditure of funds remitted to the ire€f a driver education program. (2) Procedures for disbursement of the funds collected pursuant to this Ordinance shall be developed by the County Manager, or his designee, and approved by the Board of County Commissioners. (3) in order to receive funds, the eligible public and non - public high schools must make application for funds and receive approval by Collier County in accordance with the program procedures established by the County Manager and must execute an 2of3 acceptance agreement, acknowledging that funds received shall be used exclusively by the recipient for direct educational expenses for driver education programs.-and shall enhance Lnd— not be used to replace funds received from existing sources, and that the prop an, 'T receiviniz funds requires that a minimum of 30 Percent of a student's time in the vrosznun be behind-the-wheel trainigg. (4) Monies that have not been disbursed at the end of each fiscal year shall be retained for disbursement in the subsequent fiscal year(s), as appropriate. SECTION 2: CONFLICT AND SEVERABILITY In the event this Ordinance rOnflicts 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 3: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become, and be made a part of, the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lenered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word, SECTION 4: EFFECTIVE DATE A certified copy of this Ordinance shall be filed with the Department of State by the Clerk of the Board of Collier County Commissioners after adoption by the Collier County Board of Commissioners, and sWI take effect and be implemented thirty (30) calendar days from the date of said filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of _, 2007, AT-MST: BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, Clerk OF COLLIER COUNTY, FLORIDA Approved as to to= and legal sufficiency: C-1 Jennifer A. Belpedio Assistant County Attorney 3 of 3 By: James Coletta, Chairman Agenda Item No. 17A ApriJ 24, 2007 Page 5 of 5 Agenda Item No. 1713 April 24, 2007 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to approve Petition AVESMT- 2007 -AR- 11203, Lot 61, Black Bear Ridge Phase 1, disclaiming, renouncing and vacating the County's and the Public's interest in a portion of a drainage easement in the rear of Lot 61 of Black Bear Ridge Phase 1, a subdivision located in Section 34, Township 48 South, Range 26 East, as recorded in Plat Book 43, Page 89 through 92 of the Public Records of Collier County, Florida, and being more particularly described in Exhibit "A" OBJECTIVE: To adopt a resolution to vacate a portion of a drainage easement in the rear of Lot 61 of Black Bear Ridge Phase 1, a subdivision located in Section 34, Township 48 South, Range 26 East, as recorded in Plat Book 43, Page 89 through 92 of the Public Records of Collier County, Florida, and being more particularly described in Exhibit "A ". CONSIDERATIONS: Petition AVESMT - 2007 -AR- 11203, Lot 61 of Black Bear Ridge Phase 1 has been received by the Engineering Services Department from Jeneane P. Bennett. Letters of no objection have been received from applicable divisions /entities. FISCAL IMPACT: Engineering Services Department has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of recording and processing the Petition. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the Resolution and associated legal documents. Agenda Item No. 17B April 24, 2007 Page 2 of 7 4 RECOMMENDATIONS: Adopt the Resolution for Petition AVESMT- 2007 -AR- 11203, Lot 61, Black Bear Ridge Phase 1, to vacate a portion of a drainage easement in the rear of Lot 61 of Black Bear Ridge Phase 1, a subdivision located in Section 34, Township 48 South, Range 26 East, as recorded in Plat Book 43, Page 89 through 92 of the Public Records of Collier County, Florida, and being more particularly described in Exhibit "A ". Authorize the Chairman to execute the Resolution and direct the Clerk to the Board to record a certified copy of the Resolution in the Public Records. PREPARED BY: Stephen A. Higgins P.S.M., Land Surveyor Engineering Services Department Agenda Item No 176 April 24, 2007 Page 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 178 This item requires mat ell participants be sworn In and ex pane disclosure be moo d dl by Item Schemata: LJ mmmsmn members Recommendaren to approve Petition AVESMT 200: AR 11203 Lot 61. Black Bear Ridge Phase 1 drsclarming, renouncing and vacating the Count ys and the Publics interact in a portion of a drainage easement In the rear of Lot fit of Black Bear Ridge Phase 1. a somovistnn treated In Section 34, Township 48 count Range 26 East as recorded In Prat Bork 43, Page 89 tnrough 92 of the Poblro Records of Collier County, Induce and being more particularly deccRbed in EXhIbi1A Meeting Date: 4/241200% 9.no 00 AM Prepared By Stephen Higgins Surveyor Date Community Development 8 CDES En Services 31291200711:18:52 AM gineednq Envtronmental Services Approved By Thomas E. Kuck. RE. CDES Engineering Services Director Date Community Development 8 CDES Engineering Services 3/2912007 2:20 PM Environmental Semcea Approved By Marlene Stewart Executive secretary Date Community Development 8 Community Deveopment& 41512007 11 15 AM Environmental Servitor Envtronmental Services Abram Approved By Judy pulp Iterations Analyst Date Gommunity Development a community Development a 415120071248 PM Environmental Seances Enerenmeral Services Armin. Approved By Nick Casalangmda Prgoot Manager Date Tmnsrour on Services Transportation Planting 411212007907 AM Approved By Community Development 8 Joseph K. Schmitt Date Environmental Services Arminstrator Community Development 8 Community Development 8 41121200712 -41 Ple Environmental Services Environmental Services Armin. Approved By OMB Contemplor Administrative Assistant Data County Manager s Office Office of Management B Budget 4113120079:29 AM Approved By Mark lsackson Budget Analyst Date County Manager's Office Office of Management 8 Budget 411312007 9:27 AM Approved By James V. Mudd County Manager Date Board of County County ManageYS Ofrice 41791200'1 71:58 AM Commissioners \~ / � | ` - \ ƒ _0 � s ) / \ � § AVM N800 '; • ) -_ _ ., � a. « � w � W ( §� § a .; § � 2 O � U O � | ` - ƒ s / § '; • ) -_ _ ., £!, - a. « � w � W ( §� § a .; § � 2 O � U O � o� �o 7 N` N f� Q n � 9 1 � aW� h hW ,(wQ�QC d1�y�yZ�� on �� UW I�U�a y�300 O a ti m� o��o aon qR �ZU2�r4iQZj� 2W I QaW N° 2 oz ° � ¢ 6 H * W 2 m m 1.3 :a: 0 � WW Z, Qc o a W ;. O U O W O_ O y W O�^ 2 '¢4¢�'° ¢ °oa x > ti � � 40 Om W ° Q: a d VLw 2 l rt d 2 p� °Wv�¢2 �`` 0, U6S LQ s° 2 it Fl: *22yiE S-, S b a- ? ¢ CA 0 W ¢¢ 5 v g O� C.S�oOO WOO�p OZ` CL ¢PrcVi�`}Fu�2esy ° n �" O O ¢ rn v� 0 0 W W o :04 O is ¢ c.; co chi �o ° LQ OL z o x Q � p Zj 00 C:pp2 A u tj W j C. x ¢ O W Q O p a W Zn 2 0. �l C~• �' WCdW ao C'a ice" iQ��7'i C] ~o O y �L W Q 2 p a� moo^ QQW 2 n maim s cn o Ito of R'.�O �O a co � N � p) ~ 0 sz rQ Q w�E O w V1r J0 65 tl LOOZ /Z /b f' "P 9i' l9 S3 -A \E P \7�QIN ?Jt�B CIA \Lan ns —s Daload \:H Nzo e� »VE � y w �e\ MISSION HILLS SHOPPING CENTER A 4! 3 -a ACORN WAY (50' ROW.) w / w» / }� � / \ E� R / m » ;m Q�\ 2) � /])#)# \ CS „ ®») . � / e �m L�m3k L, � § » »)))k)k) k $2[ ;� till \ ' � / m ;�E � Q � 2 \ «}- % m§\!En \Gge!%;5Go �e\ MISSION HILLS SHOPPING CENTER A 4! 3 -a ACORN WAY (50' ROW.) w / w» / }� � / \ E� R / m » ;m Q�\ 2) \ / «) k�p} � \a�\ § ( % §± L § \vR# § \;G¥ azwscn wcma'Grd -- ««m» S6y2ma#,nwy,e9azwe�=y + \ Q m � / k �I till \ ' � M m § � Q � 2 30 \ / «) k�p} � \a�\ § ( % §± L § \vR# § \;G¥ azwscn wcma'Grd -- ««m» S6y2ma#,nwy,e9azwe�=y + Agenda Item No. �7B April 24, 2 07 Page 7 f 7 RESOLUTION NO. 07 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION AVESMT- 2007 -AR- 11203, DISCLAIMING, RENOUNCING AND VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF A DRAINAGE EASEMENT IN THE REAR OF LOT 61 OF BLACK BEAR RIDGE PHASE 1, A SUBDIVISION LOCATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AS RECORDED IN PLAT BOOK 43, PAGES 89 THROUGH 92 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A ". WHEREAS, pursuant to Sections 177.101, Florida Statutes, Petitioner, Jeneane P. Bennett, has requested the vacation of a portion of a drainage easement in the rear of Lot 61 of Black Bear Ridge Phase 1, a subdivision located in Section 34, Township 48 South, Range 26 East, as recorded in Plat Book 43, Page 89 through 92 of the Public Records of Collier County, Florida, and being more particularly described in Exhibit "A ". WHEREAS, the Board has this day held a public hearing to consider Petitioner's request, and notice of said public hearing was given as required by law; and WHEREAS, the granting of Petitioner's request will not adversely affect the ownership or right of convenient access of other property owners; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest in a certain portion of the drainage easement as specifically described in Exhibit 'A' is hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit. BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution adopted after motion, second and majority vote favoring same, this day of 2007. DATE: ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficien By: ff E Je. d Rht Assista t County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Agenda Item No. 17C April 24, 2007 Page 1 of 38 EXECUTIVE SUMMARY DOA - 2005 -AR -7136: Naples Grande Holdings, LLC, represented by Bruce E. Tyson, RLA, AICP of WilsonMiller is requesting a change to the previously approved Grey Oaks Development of Regional Impact (DRI) in accordance with Florida Statutes, Subsection 380.06(19), to affect the southeast quadrant that is located in unincorporated Collier County of the 1,601.4± acre project. Proposed modifications include removing 250 hotel rooms and adding 175 residential units. The Grey Oaks DRI is located in the northeast, southeast, and northwest quadrants of Airport - Pulling Road and Golden Gate Parkway, in Sections 24, 25 and 26, Township 49 South, Range 25 East, Collier County and the City of Naples, Florida. (Companion to PUDA - 2005 -AR- 10157) OBJECTIVE: That the Board of County Commissioners review the request to amend the Grey Oaks Development of Regional Impact (DRI) Development Order (DO) as noted above and to ensure that the community's interest is maintained. CONSIDERATIONS: On October 18, 2006, the applicant, Naples Grande Holding LLC, submitted a Notice of Proposed Change (NOPC) application, i.e., the State of Florida process to amend to the Grey Oaks Development of Regional Impact (DRI) Development Order, to eliminate all 250 hotel rooms approved for the southeast quadrant of the DRI and increase the number of residential units by 175 units. The new residential unit total will be 1,775 units. The hotel tract is identified on Map H as C/H- Commerical/Hotel. The proposed Map H -1 which will replace Map H as the governing document shows this area being absorbed into the R- Residential area to the northwest and the GC —Golf Course area to the south, thus there is a 12 acre increase in the golf course area. Also the lake in this area is being reconfigured to a 3 -acre increase in lake area as shown. FISCAL IMPACT: The DRI amendment, by and of itself, will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development; however if the DR] amendment is approved, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay 50 percent of the estimated Transportation Impact Fees associated with the project. Other fees collected prior to issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Finally, additional �- revenue is generated by applying ad valorem tax rates to applicable properties, and that revenue is directly related to the value of improvements. Executive Summary for Grey Oaks DRI, DOA - 2005 -AR -7136 April 24, 2007 BCC hearing Page 1 of 3 Aaenda Item No. 17C April 24, 2007 Page 2 of 33 Please note that the inclusion of impact fees and taxes collected are for informational purposes only: they are not included in the criteria used by Staff and the Planning Commission to analyze this petition. ENVIRONMENTAL IMPACT: The Environmental Review Staff has recommended approval since the petition will not cause any impacts to any wetland preserve area. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Since this petition did not have environmental impacts it was not required to go to the Environmental Advisory Council. STAFF REVIEW: Development authorizations contained in DRI Development Orders are prerequisite to zoning actions that implement DRI land use authorizations. DRI Development Orders are structured first and foremost to contain regulations that respond to relationships dictated by State Administrative rules. The petitioner is required to analyze the relationships and questions as part of the Application for Development Approval (ADA). Amendments as described by the Notice of Proposed Change (NOPC) deal with those same questions as applicable. Those responses are reviewed by County, the Southwest Florida Regional Planning Council (RPC) and Department of Community Affairs (DCA) staff, who make a determination that the proposed changes adequately address additional regional impacts or regional impacts not previously reviewed. Staff believes this amendment will not adversely impact adjacent property owners or create an undue public safety concern if the DRI DO language proposed by the RPC and County staff is adopted. TRANSPORTATION ISSUES: Transportation Review: Transportation staff has reviewed the TIS associated with the proposed change. The proposed change in use produces less net new trips than the approved PUD /DRI uses. Any operational impacts will be reviewed at the appropriate development order application. The project is consistent with Policy 5.1 of the Transportation Element of the GMP. Transportation staff has no objection to the proposed change. SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL (RPCI: The proposed change was determined to NOT be a substantial change to the DRI DO based upon the criteria found in Florida Statutes (FS) 380.06(19) because the elimination of the hotel units and the addition of 175 multi - family units was determined to not trigger any substantial deviation thresholds found in the FS to require additional review. The RPC addressed this Notice of Proposed Change (NOPC) to a previously approved Development of Regional Impact pursuant to Subsection 380.06(19) Florida Statutes on November 16, 2006. The NOPC and the staff assessment for the NOPC were adopted by the RPC without changes. The RPC adopted the recommendations prepared by its staff and added additional affordable housing language requiring a $1,000 payment for each residential unit (of the 175 units) that Site Development Plan approval. Executive Summary for Grey Oaks DRI, DOA - 2005 -AR -7136 April 24, 2007 BCC hearing Page 2 of 3 Aaenda Item No. 17C April 24.. 2007 Page 3 of 38 DEPARTMENT OF COMMUNITY AFFAIRS (DCA): DCA has not offered any objection to the proposed amendment. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition on March 1, 2007; however the CCPC asked the petitioner to make changes to the PUD to more accurately reflect the existing PUD ordinance, therefore the petition was continued until March 15, 2007. At the March 15, 2007 hearing, Commissioner Adelstein made a motion that Commissioner Vighotti seconded to forward petition DOA - 2005 -AR -7136 to the Board of County Commissioners (BCC) with a recommendation of approval subject to the staff's recommendations contained in DRI Development order. The motion passed with a vote of 9 to 0. LEGAL CONSIDERATIONS Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the BCC must be based. The legal considerations are based upon the following criteria: • Chapter 380.06(19)(c) Florida Statutes (F.S). • LDC Section 10.02.13.E. 1.j. which states, "Statutory Requirements. All statutory requirements as set forth in Subsections 380.06 (9) through (12), 380.06 (19) and 380.06 (26), Florida Statutes, as may be amended, together with the implementing regulations applicable to DRIB set forth in the Florida Administrative Code shall apply." RECOMMENDATION: That the Board approve Petition DOA - 2005 -AR -7136 as otherwise described by the amending DRI Development Order resolution included with this Executive Summary. PREPARED BY: Kay Deselem, AICP, Principal Planner Department of Zoning and Land Development Review Executive Summary for Grey Oaks DRI, DOA - 2005 -AR -7136 April 24, 2007 BCC hearing Page 3 of 3 Menlo them No. 17C April 24 2007 Page 4 of 38 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS f Item Number: 7- Item Summary' T.ds item regwms that all pe rect,dets be awnrn m and m, pane dladospre be presided by (,h,,can., members DOA- 2005 -AD 7156 Naples Grande Holdings. LC. represented by Bruce E. Tyson. PL4 AI ^P of W efdMlller v requeating a cnaoge to me previously appd,-d Grey r ass Developner, of irreamned Impact iDP 1) in acCOroal w t' - itlf Statute, . Subsectmn S30 06(191. 1) ,fill the southeast quperson met IS boated In tlnrncorporated r. oilier county of the 1,601 4 acre prOfsci Proposed modlrcallens lneklbe ramomng 250 note) ronms and adding 175 residential Unds The Grey Oays DRi is beefed in the nF,r,yD sruL,s,t she nOrtoweet mcidrants of Alrpar, PUlhng Road and Golden Gate Parkway lrSedilona24,2Jantl25. TOWnship 49 SOUth, Range 25 East Collier 0ounty and the Qty o' Naples, Flea da. (Companion to PUDA- 2005 -AR- 10157) Meeting Date: 4124120Ci 9'.00 60 AM Prepared By Kay Deaden, AICP Principal Planner Date Community Development 8 velope kemvw 41512007 11:59:45 AM Zoom, is Land De mnt Erviro ereveW Services Approved By Judy Pon Operations Analyst Date Commu , Development 8 Gommunity Development a 41612veP 11:10 AM _ anlnl Ser Eimmennuoul Servmes Admm. Approved By Manor., M- Stuuent Dothrrg Assstant Hounty AROmey Dole i ,nnty Ftmrnev Coard, Aturni Offma 4191200] 2r30 PM Approved By Ray De Jews chief Flamter Date Centm ane, Development a n,nc L and Davelonmom Feview 4419i . -s9 PM zo l a Ene —open tai services Approved By vanes, Stewart F—.1ve Secrempv Data "m unity Development& Community Development k 419120073:90 PM E"'Parme nal Services Etvnortmental Services Atlmm. Approved By Susan Murray, AICP Zoning & Land Development Director Oahe Comnm ity Development 8 Lonrng 8 Land Development Revives 4110800711 09 AM Eirs,perm nlol Services Approved By Donald L. Scott Transportation Planning Direcmr Dato Tran.Oproton Services T ransporection Planning 41101'20072 -14 PM Approved By Norm E Feder, ATOP Transportation Division Administrator Date Trancponatlon Services hansportatlon Services Adnom 411012007 2'. 33 PM Approved By Community Development 8 Joseph ✓.. Strohm Date Services Atlrnstrater Environmental m Community Development& Community Developmenl8 4i'IZI200]4g9 PM Environmental Services Levomement,I Service, Atlmm. Approved By OMD Coordinator Adrame ualive Assistant Date ,. onty Mam."I's Office Office of Management & Consul 411012007926 AM Approved By Mark lsaekson Budget Analyst Dam ..— County Manager's Office Offlco of Managomenl & Butlget 411412007 9.5] AM Approved By Jeal Mudd Cents, Manager Date Board of Collins commissWners county MdoagvYS Office 411]120074:49 PM Aaenda Item No. 17C April 24, 2007 Page 5 of 38 Goer County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES HEARING DATE: MARCH 1, 2007 SUBJECT: PETITION NO: DOA - 2005 -AR -7136 FOR GREY OAKS DEVELOPMENT OF REGIONAL IMPACT (DRI) [COMPANION TO PUDA- 2005 -AR- 10157] APPLICANT /AGENT: Mr. William Slavich Naples Grande Holdings, LLC 404 Citation Point Naples, FL 34104 REQUESTED ACTION: Mr. Bruce E. Tyson, AICP, RLA W ilsonMill er 3200 Bailey Lane Naples, FL 34105 The petitioner seeks an amendment to the Grey Oaks Development of Regional Impact (DRI) Development Order in accordance with Florida Stattacs, Subsection 380.06(19), to affect the southeast quadrant of the project that is located in unincorporated Collier County to remove 250 hotel rooms and add 175 residential units. GEOGRAPHIC LOCATION: The Grey Oaks DRI is located in the northeast, southeast, and northwest quadrants of Airport- Pulling Road and Golden Gate Parkway, in Sections 24, 25 and 26, Township 49 South, Range 25 East, Collier County and the City of Naples, Florida. The northwest quadrant consisting of 354 acres is within the City of Naples. The northeast and southeast quadrants, consisting of 1,247 acres, are located in Collier County. See the map on next page for details. PURPOSE/DESCRIPTION OF PROJECT: CURRENT REQUEST: On October 18, 2006, the applicant, Naples Grande Holding LLC, submitted a Notice of Proposed Change (NOPC) application to eliminate all 250 hotel rooms approved for the southeast quadrant of the DRI and increase the number of residential units by 175 units. The new residential unit total will be 1,775 units. Although not stated in writing specifically, the substantial deviation determination chart submitted with the NOPC also shows a 20 -acre reduction in Grey Oaks DRI, DOA - 2005 -AR -7136 March 1, 2007 CCPC Page 1 of 4 Agenda Item No. 17C April 24, 2007 Page 6 of 38 commercial acreage. This acreage reduction is associated with the hotel use being considered a commercial use in the context of the original DRI approval. To make it clear, only the elimination of hotel rooms not a reduction in commercial square footage is proposed. The hotel tract is identified on Map H as C/H— Commerical /Hotel. The proposed Map H -1 which will replace Map H as the governing document shows this area being absorbed into the R- Residential area to the northwest and the GC —Golf Course area to the south, thus there is a 12 acre increase in the golf course area. Also the lake in this area is being reconfigured so a 3 -acre increase in lake area is shown. DRI HISTORY: The Board of Collier County Commissioners approved the County portion on June 6, 1990 in Development Order (90 -3). This order was amended to settle an appeal taken by the Department of Community Affairs on October 16, 1990 in Development Order (90 -5). The City of Naples approved the City portion on October 17, 1990, in Resolution 90 -6211. The project was originally approved for a total of 120.4 acres of commercial /office use (653,453 gross square feet of office commercial and 649,638 gross square feet of retail commercial), 2,700 dwelling units, a 250 room hotel, 54 holes of golf, and 266.7 acres of conservation, lakes and water management, which includes preservation areas. Several changes have already been made to the original approval. Please refer to the Southwest Florida Regional Planning Council's report for a description of the previous changes. SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL (RPC): Because the proposal is to eliminate the 250 room hotel and replace it with 175 multifamily units _. according to the traffic study submitted with the NOPC there will be a reduction in net new trips by 1,218 when compared to the 2000 approved land uses and a 7,355 net new trip reduction when compared to the original DRI approved land uses. The increases in golf course /recreation /park/road right -of -way acreage and lakes, water management and preservation from the previous change in 2000 (which are even greater compared to the original ADA) are improvements to the regional resources of the region. Therefore, based on these changes no additional regional impacts from the previous approved amendments or the original ADA will occur. The RPC addressed this Notice of Proposed Change (NOPC) to a previously approved Development of Regional Impact pursuant to Subsection 380.06(19) Florida Statutes on November 16, 2006. The NOPC and the staff assessment for the NOPC were adopted by the RPC without changes. The RPC adopted the recommendations of approval prepared by its staff with the conditions noted below: (A copy of the RPC assessment is included in the application package.) 1. Add language to the DRI DO to address the recently adopted law change to require biannual monitoring reports instead of annual reports. 2. Notify Collier County, the City of Naples, the Florida Department of Community Affairs and the applicant that the proposed changes do not create additional regional impacts. 3. Include additional affordable housing language as follows. The petitioner will commit to providing $1,000 per site development plan approved residential unit paid to the Collier County Affordable Housing Trust Fund at the time of issuance of a certificate of occupancy for each dwelling unit. This $1,000 will be credited toward any additional affordable housing linkage fee that may be in effect at the time of site development plan approval. Grey Oaks DRI, DOA- 2005 -AR -7136 March 1, 2007 CCPC Page 2 of 4 Agenda Item No. i7C April 24, 2007 Page 7 of 38 DEPARTMENT OF COMMUNITY AFFAIRS (DCA): DCA has not offered any objection to the proposed amendment. COUNTY STAFF ANALYSIS: Development authorizations contained in DRI Development Orders are prerequisites to zoning actions that implement DRI land use authorizations. DRI Development Orders are structured first and foremost to contain regulations that respond to relationships dictated by State Administrative rules such as those relationships and questions that an applicant is required to analyze and report on as part of their Application for Development Approval (ADA). Amendments as described by the Notice of Proposed Change (NOPC) deal with those same questions as applicable. Those responses are reviewed by County, the RPC and DCA staff, who make a determination that the proposed changes adequately address additional regional impacts or regional impacts not previously reviewed. Thee changes proposed are presumed to crcate a substantial deviation pursuant to the criteria found in Chapter 380.06(19) as quoted below: ... a proposed change consisting of simultaneous increases and decreases of at least two of the uses within an authorized multiuse development of regional impact which was originally approved with three or more uses .... However, this presumption can be rebutted by clear and convincing evidence. County staff believes the petitioner has adequately rebutted the presumption and recommends that this proposed change be found to NOT be a substantial deviation to the originally approved DRI, concurring with the findings of the RPC note above. Staff therefore recommends approval believing this amendment will not adversely impact adjacent property owners or create an undue public safety concern if the DRI DO language proposed by the RPC and County staff is adopted. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward a recommendation of approval of Petition DOA - 2005 -AR -7136 to the Board of County Commissioners as described by the amending DRI Development Order resolution. Grey Oaks DRI, DOA - 2005 -AR -7136 March 1, 2007 CCPC Page 3 of 4 Agenda Item No. 17C April 24, 2007 Page 8 of 38 PREPARED BY: KAY DESELEM, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: MARJORIE M. STUDENT - STIRLING DATE ASSISTANT COUNTY ATTORNEY RAYMOND V. BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN M. ISTENES, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the April 24, 2007 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION MARK P. STRAIN, CHAIRMAN DATE Grey Oaks DRI, DOA - 2005 -AR -7136 March 1, 2007 CCPC Page 4 of 4 Agenda Item No. 17C April 24, 2007 Page 10 of 38 FORM RPM- SSP- PROPCHANGE -1 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF COMMUNITY PLANNING BUREAU OF LOCAL PLANNING 2555 Shumard Oak Blvd. Tallahassee, Florida 32399 850/488 -4925 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form. 1. I, Bruce Tyson, AICP, RLA , the undersigned owner /authorized representative of Naples Grande Holdings, LLC hereby give notice of a proposed change to a (developer) previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes. In support thereof, I submit the following information concerning the Halstatt DRI/Grev Oaks PUD development, which (original & current project names) information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to Collier County (local government) to the Southwest Florida Regional Planning Council, and to the Bureau of Local Planning, Department of Community Affairs. /o%8 /04 ,� �rKUlysori Date Signature Agenda Item No. 17C April 24. 2007 Page 11 of 3E 2. Applicant (name, address, phone). Empire Builders of Collier County, Inc. 5660 Strand Court Naples, FL 34110 (239) 775 -5919 Authorized Agent (name, address, phone). Bruce E. Tyson, AICP WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 239.649.4040 4. Location (City, County, Township /Range /Section) of approved DRI and proposed change. Sections 24, 25, and 26, Township 49 South, Range 25 East, Collier County, Florida. 5. Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build -out date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional inforrnation may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. The Grey Oaks DRI (formerly known as Halstatt DRI) consists of 1,601.39 acres located within the northeast, southeast and northwest quadrants formed by the intersection of Golden Gate Parkway and Airport Road. The intersection forms the center of a designated "Activity Center" in the Collier County Comprehensive Plan. The northwest quadrant of the Grey Oaks DRI, consisting of 353.89 + /- acres, is within the jurisdiction of the City of Naples. The northeast and southeast quadrants of Grey Oaks DRI, consisting of 1,247.5 + /- acres, are located in unincorporated Collier County. The initial Grey Oaks DRI Development Order (DO 90-3) was issued by Collier County Resolution 90 -292 on June 6, 1990. The City of Naples approved the portion of Grey Oaks DRI within its jurisdiction on October 17,1990, in Resolution 90 -6211. Subsequent amendments to the County and City DRI Development Orders for Grey Oaks are described in response to question 7 below. A copy of the currently approved Master Plan for the Grey Oaks DRI is included as Exhibit A to this NOPC. The proposed changes are all located in the southeast quadrant of the Grey Oaks DRI. The changes proposed in this NOPC for the Grey Oaks DRI/PUD are depicted on Exhibit Agenda Item No_ 17C April 24. 2007 Paae 12 of 38 B. The changes will result in a net decrease of 250 hotel rooms approved for the southeast quadrant and a net increase of 175 residential dwelling units in the southeast quadrant. Hotel/Motel as a use in the Grey Oaks DRI/PUD will be eliminated, and the total number of dwelling units will be 1,775. It should be emphasized that this DRI was approved for 2,700 residential units in 1990, which number was reduced to 1,900 in the 1998 NOPC, with a further reduction to 1,600 in the 2000 NOPC. A transportation analysis report prepared by David Plummer & Associates is attached to the NOPC as Exhibit C. The report establishes that the traffic impacts of Grey Oaks DRI, with the proposed changes, will be reduced in comparison to the impacts of the current DRI. The table below, Table 1, shows land use changes for the entire Grey Oaks DRI since 1990, including this NOPC. U!�p r�N O O C N D) 0 F pW d E-� A d O C9 �i O w FG O 0 ao 0 y N R( O w Ow icy V N E4 O Q U W U U N -� r e U V o x N z z °1 C, O t+l z z + f + U '� Q OUD M OUO U U a U U U U '^ oo Q U U p U o z ++ + rV z z N z+ O �Q ¢_ �Q u¢ Q Q ° ooa w VJ raWh' �i QWW N N v. 7 U ¢ U N td N te0 N t[C iJ m U Q c4 C) U Q O. Q ip U f .c U U? U U p qz r? z z zz� + � O y c c o prn O m �U °oNO, m �' vCw7 O w w ¢ U eD W M y v N U two Aoa a �x� ¢ U U o O1. U U U U w z Q z °�° n ° z z z z oo N ++ O + U a y c c ¢ 0\ �t t+l o F ° w w w z °�qa a a O W C V¢ D ¢ r0 vi h OLl NvNi 0 b� N vib N b� L ¢ u o o y O W Llv`�'a"�U000 F o w z �z� F w c7 „�� o x c o 0 3 w > w6wLa� wax C7 C7 �o. UQOw c4Q.a2 0 ao 0 y N R( O w Ow icy V N E4 Agenda Item No. 17C April 24, 2007 Page 14 of 38 6. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. See Substantial Deviation Determination Chart, below. 7. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). A. Pursuant to an agreement reached between Collier County and the Department of Community Affairs, Collier County issued an amended Development Order (D.O. 90 -5) in Resolution No. 90498 on October 16,1990. B. To correct a scrivener's error in Development Order 90 -5, Collier County adopted Resolution 90 -571 in order to add the words "apply for or" to the third sentence of Section 5, Subsectiond.(4) of Development Order 90 -5. This action was taken on November 27, 1990. C. In response to Halstatt's 1998 NOPC, the Board of County Commissioners of Collier County on November 24, 1998, issued Development Order 98 -2 (Resolution 98472) amending the Grey Oaks Development Order and Master Plan to reduce the number of residential units to 1,900; to increase the number of golf holes to 72; shift the site of the hotel use to the southeast quadrant; and increase the conservation, lakes and preservation areas from 180.1 acres to 236.78. D. The City Council of the City of Naples adopted Resolution 98 -8372 on October 7, 1998 amending the Grey Oaks Master Plan and approving a total of 18 golf holes located within the northwest quadrant of Grey Oaks DRI. E. In response to Halstatt's 2000 NOPC, the Board of County Commissioners of Collier County on June 27, 2000, issued Development Order 2000 -04 (Resolution 2000 -190) amending the Grey Oaks Development Order and Master Plan to reduce the commercial acreage from 120.4 to 104.8 acres; to reduce the number of residential units from 1,900 to 1,600 units; to increase the conservation, lakes and water management acreage from 323.38 to 367.88 acres; and to delete the proposed overpass over Airport Road linking the two quadrants of the project. F. The City Council of the City of Naples adopted Ordinance No. 00 -8971 and Resolution 00- 8971 -A on October 18, 2000 amending the Grey Oaks Master Plan and reducing the commercial acreage from 30 to 14.4 acres; reducing the commercial office space from 128,000 to 60,000 square feet (gross floor area); Agenda Item No. 17C April 24. 2007 Pace ^5 of 38 - * reducing the retail commercial space from 219,000 to 40,000 square feet (gross leasable area); reducing the residential dwelling units from 764 to 464; and permitting assisted living facilities within the 300 multi -family dwelling units allocated to the lands adjacent to proposed Livingston Road South of Golden Gate Parkway. Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted anew DRI development order for the project? No change. 8. Describe any lands purchased or optioned within 1/4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non - project land uses within 2 mule on a project master site plan or other map. None. 9. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19)(b), Florida Statutes. Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19)(e)2., F.S. YES NO XX 10. Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. The phasing and build -out dates are not being changed. 11. Will the proposed change require an amendment to the local government comprehensive plan? No. 12. An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. See revised Master Plan attached as Exhibit B. Agenda Item No. 17C April 24, 2007 Page 16 of 33 13. Pursuant to Subsection 380.06(19)(f), F.S., include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: See attached Exhibit D, revised Grey Oaks DRI Development Orders with new language indicated by underlining and deleted language by strike - through. Exhibit E, the PUD Document with proposed changes has also been included for clarification. a. All proposed specific changes to the nature, phasing, and build -out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land. use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change; There are no proposed changes to the phasing or build -out dates of the Grey Oaks DRUPUD, nor to any development order conditions or requirements, nor to any of the commitments and representations in the ADA. For changes to the acreage of -- each described land use, including open space and areas for preservation and to the amount and location of residential units and other major characteristics or components of the Grey Oaks DRI, please refer to (1) the Land Use Chart contained in response to question 5 above; (2) the revised Grey Oaks Master Plan attached as Exhibit B; and (3) the amended County Development Order attached as Exhibits D. b. An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; There are no proposed changes to the legal description of the Grey Oaks DR1. The legal description can be found in Exhibit E, the PUD Document Portions of the DRI lands acquired by Collier County for right -of -way purposes are indicated on the revised Grey Oaks Master Plan attached as Exhibit B. A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; Development of the northeast, northwest, and southeast quadrants of the Grey Oaks DRI have already commenced. Therefore, there is no proposed change to commencement of physical development date. d. A proposed amended development order termination date that reasonably reflects the time required to complete the development; "5 Agenda Item No. 17C April 24. 2007 Page 17 of 38 No change is proposed for the termination date of the Development Order. e. A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down - zoning, unit density reduction, or intensity reduction, if applicable; and No Change. f, Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 97 -2.025 (7), F.A.C. No Change. -, Acenda Item No. 17C April 24, 2007 Page 18 of 38 SUBSTANTIAL DEVIATION DETERMINATION CHART Portions of the DCA Standard Form NOPC Substantial Deviation Chart are not relevant or applicable because the following uses listed on the Chart are not included within the Grey Oaks DRI: Attractions, Airports, Hospitals, Industrial, Mining, Petroleum Storage, Ports and R.V. Parks. The non - applicable sections of the standard chart form are omitted. The ,__a. t- C-- nw�nur cnart oeiow auwcsaoe o„ " - -- -- - -- - - TYPE OF CHANGE PROPOSED ORIGINAL 1998 NOPC 2000 NOPC LAND USE CATEGORY PLAN PLAN Office Acreage, including 84.8 Acres 120.4 Acres 120.4 Acres 104.8 Acres drainage, ROW, "Commercial" "Commercial" "Commercial" "Commercial" easements, etc. Building (gross sq. No Change. 653,453 (GFA) 653,453 (GFA) 653,453 (GFA) ft. # Parkin aces # E to ees Site locational No Change. chan es # External vehicle No Change. trips D.O. Conditions No Chan e. ADA representations No Change. Residential # Dwelling units 1,775U. 2,700 D.U. 1,900 D.U. 1,600 D.U. # Lots Acreage, mc. 432.77 Acres 521.8 Acres 432.9 Acres 418.9 Acres drainage, ROW, easements, etc. Site locational See Exhibit B See Exhibit A Chan es # External vehicle See Exhibit C in s D.O. Conditions No Change. Wholesale, Acreage, including 84.8 Acres 120.4 Acres 120.4 Acres 104.8 Acres Retail, Service drainage, ROW, "Commercial' "Commercial" "Commercial" "Commercial" easements, etc. Floor Space (gross No Change. 649,638 S.F. 649,638 S.F. 649, 638 S.F. s . ft. GLA ) (GLA) GLA # Parking spaces # Employees Site locational No Change. changes # External vehicle No Change. trips D.O. conditions No Change. ADA No Change. Re resentations HoteVMotel # Rental Units 0 Rooms 250 Rooms 250 Rooms 250 Rooms Floor space (gross s . ft.) # Parkin laces # E to ees Site locational See Exhibit B See Exhibit A Chan es Agenda Item No. 17C SUBSTANTIAL DEVIATION DETERMINATION CHART Paaa 1 9 April 24. 9 2007 of 38 NOTE: All acreages are approximate and subject to change /variation. Acreage, including drainage, ROW, easements, etc. 0 Acres 20 Acres 20 Acres 20 Acres # External vehicle trips See Exhibit C D.O. conditions See Exhibit D ADA representations No Change. Open Space (all natural and v etated Acreage Golf, Recreation Park, ROW 721.71 Acres 692.5 Acres 54 Holes 724.72 Acres 72 Holes 793.0 Acres 72 Holes Site locational changes See Exhibit B See Exhibit A Type of open space ADA representations No Change. Preservation, Buffer or Special Protection Areas Acreage for lakes, water management and preservation 362.11 Acres 266.7 Acres 323.38 Acres 367.88 Acres Site locational changes See Exhibit B See Exhibit A Development of site proposed See Exhibit B See Exhibit A D.O. conditions No Change ADA representations No Change NOTE: All acreages are approximate and subject to change /variation. Agenda Item No. 17C April 24, 2007 Page 20 of 38 SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL RECEIPT AND REVIEW FEE AGREEMENT FOR REVIEW OF DEVELOPMENTS OF REGIONAL IMPACT APPLICANT (Name, Address and Telephone) Naples Grande Holdings. LLC REGIONAL PLANNING COUNCIL USE ONLY PROJECT IDENTIFICATION c/o Bill Slavich NAME: 404 Citation Point Navles FL 34104 NUMBER: Authorized Agent (Name, Address Telephone) Bruce E. Tyson, RLA, AICP 3200 Bailey Ln., Suite 200 Naples, FL 34105 Location of Project Section 24, 25, 26 Township 49S COORDINATOR: DATE RECEIVED: Range 25E County Collier GENERAL LOCATION Northeast, Northwest, and Southeast quadrants created by intersection of Airport- Pulling Road and Golden Gate Parkway. Name of Project Grey Oaks (Halstattl DRI The Southwest Florida Regional Planning Council (SWFRPC) and Naples Grande Holdings, LLC (Developer) on this day of August 12006 , agree as follows: 1. The developer is submitting an Application for Development Approval (ADA) of a DRI, Substantial Deviation ADA, and Development Designation for Florida Quality Development (FQD), application for Abandonment of a DRI, a Notice of Proposed Change (NOPC) to a previously approved DRI, or a supplemental review required by the development order (Circle appropriate type of submittal). 2. A deposit of $ 2,500 is submitted prior to a related issue methodology meeting (including the review of Preliminary Development Agreements), submission of the pre - application information form (FORM- RPM- BSP- PREAPP INFO -I or prior to conducting a preapplication conference, whichever occurs first for an ADA, ^ Sebst...Aial r...N4 4ian ADA, NOPC, Akandemnext 380.06(7), Flanda Statu4es, er a related issue methedalegy meeting (iaeludiffg the r-ei4ew E) Agenda Item Nc, 17C April 24, 2007 Paoe 21 of 33 MINI' W 1-MM IN IN 3. It is understood the Developer is liable for 100 percent of the direct and indirect costs for the SWFRPC to review these applications or NOPC. 4. It is understood the Developer must notify the Department of Community Affairs (DCA) and the SWFRPC in writing if any specific expenses which exceeds $75,000.00 and which are disputed and state why they are not reasonable and necessary within 15 days of its receipt of the notice to pay or any such dispute is waived. Within 15 days of any notice of dispute, the SWFRPC shall inform the DCA how and why the disputed expenses are reasonable and necessary. The DCA shall determine the expenses that are reasonable and necessary within 30 days. 5. The SWFRPC shall within 60 days, refund deposited funds which exceed its direct and indirect costs or that remain at the time the Developer withdraws the application or notice of proposed change. 6. Any direct or indirect costs of the SWFRPC in excess of the Developer's deposits shall be billed to the Developer which shall be paid with 30 days. 7. The SWFRPC shall maintain records of all direct and indirect costs associated with the coordination of the preapplication conference, related issue methodology meetings, Preliminary Development Agreement, and other activities through the review of the (ADA), Substantial Deviation ADA, application for abandonment, NOPC to a previously approved DRI and of the final or amended development order, its presentation to the Council and comments issued to the local government preparation for and attendance of hearings that are reasonable and necessary in respect to the regional review of the impacts of the development. 8. The Developer shall provide additional deposits from time to time as required within 15 days after the receipt of notice from the SWFRPC that it estimates costs will exceed the funds on deposit. �ruCA—Fysrn-L Date Approval of the ApplicatU or Authorized Agent Date Received and Signed Southwest Florida Regional Planning Council Agenda Item No. 17C April 24, 2007 Page 22 of 38 Excerpts from the Traffic Impact Statement HALSTATT DRUGREY OAKS PUD NOTICE OF PROPOSED CHANGE TRAFFIC STUDY Introduction Agenda Item No. 17C April 24, 2007 Paae 23 of 38 The Halstatt DRI/Grey Oaks PUD is a mixed -use development located in the northeast, southeast and northwest quadrants of Airport- Pulling Road and Golden Gate Parkway in Collier County, Florida (Exhibit 1). The transportation analysis submitted by the applicant during the ADA/DRI process was accepted and approved by the Southwest Florida Regional Planning Council in November, 1989. The Development Order for the project was issued in 1990. A notice of proposed change (NOPC) that reduced the development parameters was approved in 1998. The Grey Oaks DRI further reduced the number of dwelling units in the 2000 NOPC. At the same time, some of the approved retail and office square footage was relocated from the northwest quadrant to the northeast quadrant. Finally, as a result of the reduction in the number of units and commercial square footage in the northwest quadrant, vehicular overpass crossing Airport Road and connecting the northwest quadrant to the northeast quadrant was eliminated as part of the 2000 NOPC and PUD Amendment. Due to changes in development philosophy, the approved 250 -room hotel will be eliminated while a net increase of 175 multifamily dwelling units from the currently approved (2000 NOPC/PUD) development are considered as part of this 2006 DRI Notice of Proposed Change and PUD Amendment. Scope of Study The scope of this study is to identify the corresponding change in trip generation based on the approved versus the proposed development parameters. The methodology utilized is similar to that of the prior 2000 NOPC and PUD Amendment applications. The land use parameters and associated trip generation identified in the original 1990 DPI development order, the approved 1998 NOPC and the 2000 NOPC are identified and compared to the proposed land use parameters. IM7 Agenda Item No. 17C April 24, 2007 Page 24 of 38 Development Parameters The parameters for the approved and the proposed development are summarized below. Three approved development scenarios are provided. First, the "1990 Approved DRI" scenario represents the basis on which the original DRI traffic analysis was approved. The 1998 and 2000 NOPC scenarios represent the previous and currently approved development, respectively. Buildout (20 10) Development Parameters Comparison 2006 Buildout (2010) Approved Proposed 1990 2006 Land Use NOPC (s) Approved Proposed Difference From Land Use DRI (1) Development 1990 Approved DRI Single- Family (d.u.) 830 800 - 30 Multifamily (d.u.) 1,570 975 - 595 Hotel (rooms) 250 0 - 250 Retail (sq. ft.) 649,638 649,638 0 Office (sq. ft.) 797,4531z> 653,453 -144,000 Golf (holes) 54 72 + 18 Buildout (20 10) 2 H 1998 2006 Approved Proposed Difference From Land Use NOPC (s) Development 1998 NOPC Single- Family (d.u.) 828 800 - 28 Multifamily (d.u.) 1,072 975 - 97 Hotel (rooms) 250 0 - 250 Retail (sq. ft.) 649,638 649,638 0 Office (sq. ft.) 653,453 653,453 0 Golf (holes) 72 72 0 2 H Auenda Item No. 17C April 24, 2007 Page 25 of 38 Buildout (2010) 2000 2006 Approved Proposed Difference From Land Use NOPC (4) Development 2000 NOPC Single- Family (d.u.) 800 800 0 Multifamily (d.u.) 800 975 + 175 Hotel (rooms) 250 0 - 250 Retail (sq. ft.) 649,638 649,638 0 Office (sq. ft.) 653,453 653,453 0 Golf (holes) 72 72 0 Footnotes: (1) Development of Regional Impact Assessment For Halstatt DRI 4-8889-88, SWFRPC, November, 1989. (2) DRI Development Order 90 -5 and PUD Resolution 90.571, 1990. D.O. 90.5 approved 653,453 sq. ft of office commercial. (3) DRI Development Order 98 -2 and PUD Resolution 98-472,1999. (4) DRI Development Order 2000 -04 and PUD Resolution 2000190, 2000. The anticipated buildout year of the 2006 NOPC/PUD is unchanged at year 2010. Trio Generation The approved trip generation estimates from the original DRI, the 1998 NOPC, the 2000 NOPC and the 2006 proposed development are presented below. Trin Generation Summary PM Peak Hour Daily Total Internal Pass -By Net New Total Internal Pass-by Net New Approved 6,597 1,624 1,310 3,663 71,659 17,160 12,470 42,029 DRl (I) Approved 5,606 1,076 918 3,612 57,074 10,516 9,079 37,479 1998 NOPC (2) Approved 4,818 756 464 3,598 48,099 7,702 4,505 35,892 2000 NOPC (3) Proposed 4,693 666 622 3,405 46,963 6,616 5,673 34,674 2006 NOPC (4) Faomotes (1) Development of Regional Impact Assessment For Halstatt DRI 4- 8889 -86 SWFRPC, November, 1989. (2) Halstatt DRVGrev Oaks PUD Notice of Proposed Change Traffic study (Exhibit Q. June 5, 1998. (3) Halstatt D"Cim Oaks PUD Notice of Proposed Change Traffic Study (Exhibit Cl March 10, 2000. (4) ITE, Trio Generation (716 Edition). 1 i 3 ,, Agenda Item No. 17C April 24, 200; Page 26 of 38 The daily and PM peak hour trip generation associated with the proposed development parameters were calculated and compared to the trip generation associated with the approved parameters under three scenarios. First, the trip generation associated with the proposed development parameters for the Grey Oaks DRI (Exhibit 2 and Appendix A) was calculated using trip rates and retail pass -by rates from the Institute for Transportation Engineers (ITE), Trip Generation, 7th Edition, and compared to the approved DRI traffic forecasts. Second, the trip generation associated with the approved 1998 NOPC (Exhibit 3) was compared to the proposed development parameters. Lastly, the trip generation associated with the approved 2000 NOPC (Exhibit 4) was compared to the proposed development parameters. The resultant trip generation comparisons, under the three scenarios, are summarized below. Trip Generation Comparison At Buildout Net New External Trips PM Peak 24 Hour Hour 1. Approved Trips From Approved DRI 3,663 42,029 Trip Estimate For Proposed Development (z) 3,405 34,674 Difference From Approved DRI Trips 258 -7,355 Percent - 7.0% -17.5% 2. Recalculated Trips From Approved 1998 Uses (3) 3,612 37,479 Trip Estimate For Proposed Development (2) 3,405 34,674 Difference From DRI Trips 207 -2,805 Percent 5.7% - 7.5% 3. Approved Trips From Approved 2000 NOPC (4) 3,598 35,892 Trip Estimate For Proposed Development (Z) 3,405 34,674 - 193 - 1,218 5.4% - 3.4% 4 dpi Agenda Item No. 17C April 24, 2007 Page 27 of 3S Footnote: (1) Development of Regiorw! tmnxct Assessment For HAIMtt DRf 4- 8889 -88 SWFRPC, November 1989. (2) Pleae refer to Exhibit 2. (3) Please refer to Exhibit 3. (4) Pleae refer to Exhibit 4. Based on the above trip generation analyses at buildout, up to 7 percent reduction in trip generation in the peak hour and up to 17 percent reduction on a daily basis can be expected by the proposed development as compared to that generated by the previously approved DRI/PUD. Conclusion As indicated by this NOPC/PUD traffic study, the proposed land use will generate fewer trips when compared to the original and previously approved Project. Therefore, it is clear that no additional regional or local impacts are created beyond those previously identified for the Halstatt DRUGrey Oaks DRI/PUD. 5 �P� Agenda Item No. 17C April 24, 2007 Page 28 of 38 February 8, 2007 Kay Deselem, AICP, Principal Planner Dept of Zoning & Land Development Review Collier County Government 2800 N. Horseshoe Drive Naples, FL 34104 Re: Grey Oaks NOPC Ms. Deselem, The City of Naples has no objection to the proposed changes for the development of regional impact (DRI) more commonly known as Grey Oaks. A review of the proposed changes shows that the portion of the subject property is located outside of the City of Naples jurisdiction and do not entail any apparent multi - jurisdictional issues. It does not appear that the development proposal will have an unfavorable impact on the natural environment and historical resources of the region; nor does it appear that the development will have an unfavorable impact on the economy of the region. Specifically, the development will not unduly burden the City's water, sewer, solid waste disposal, or other necessary public facilities and /or level of service standards. Thank you for the opportunity to provide comment regarding the notice of proposed changes relative to the Grey Oaks Planned Unit Development. Should you require additional comments, please feel free to contact me directly at 213 -1041 or the City of Naples Planning Division at 213 -1050. Thank You, Tony Mcllwain Senior Planner Community Development Department Planning Division 295 Riverside Circle Naples, FL 34102 Phone (239) 213 -1050 Fax (239) 213.1045 www.napiesgov.com \/\ \{/ } / \ HaV4 - aIde21SA1gB 2A q7 ! ) §) k � § r ƒ [ � ■ |J D «5 j!. L/ F: � 2( �i \ || ! |! 9 ®§ k ! ) §) k � § r ƒ [ � ■ |J D «5 j!. L/ F: � 2( �i \ GREY OAKS (aka Halstatt) DRI NOTICE OF PROPOSED CHANGE BACKGROUND Agenda Item No. 17C April 24. 2007 Page 30 of 38 Agenda Item #3(a)2. The Grey Oaks (formally Halstatt) Development of Regional Impact (DRI) is located on 1,600 acres at the northwest, northeast and southeast corner of Golden Gate Parkway and Airport Road in Collier County. The northwest portion of this project within Section 26 is in the City of Naples jurisdiction. The remaining portion of the project is within unincorporated Collier County (see Attachment I, Location Map). The Board of Collier County Commissioners approved the County portion on June 6, 1990 in Development Order (90 -3). This order was amended to settle an appeal taken by the Department of Community Affairs on October 16, 1990 in Development Order (90 -5). The City of Naples approved the City portion on October 17, 1990, in Resolution 90 -6211. In total the project was originally approved for a total of 120.4 acres of commercial /office use (653,453 gross square feet of office commercial and 649,638 gross square feet of retail commercial), 2,700 dwelling units, a 250 room hotel, 54 holes of golf, and 266.7 acres of conservation, lakes and water management, which includes preservation areas. As of the 2005 monitoring report it appears that a total of about 586 units maybe constructed on the DRI with no office or commercial developed. PREVIOUS CHANGES Other than the amendments discussed above to settle the DCA appeal the following three changes have occurred. On November 27, 1990 Collier County adopted Resolution 90 -571 to correct a scrivener's error in Development Order 90 -5 to add the words "apply for or" to the third sentence of Section 5, Subsection d.(4). On October 7, 1998, the City of Naples adopted Resolution 98 -8372 to increase the number of golf holes by 9 for a total of 18 holes. On November 24, 1998, Collier County adopted Development Order 98 -2 (Resolution 98 -472) to reduce the number of residential units to 1,900 from a total of 2,700 (include the City of Naples portion); increase the number of golf holes by 9 for a total of 72 (includes increase in the City portion by 9 holes); shift the site of the hotel use to the southwest quadrant; and increase the conservation lakes and preservation areas from 180.1 acres to 236.78. On June 27, 2000, Collier County adopted Development Order 2000 -04 (Resolution 2000 -190) to reduce the commercial acreage from 120.4 to 104.8 acres (on the Naples portion discussed in next change); reduce the number of residential units from 1,900 to 1,600 units (on the Naples portion discussed in next change); increase the conservation, lakes and water management acreage from 323.38 to 367.88 acres; and to delete the proposed overpass over Airport Road linking the two quadrants of the project. On October 18, 2000, the City of Naples adopted Resolution 00 -8971 to reduce the commercial acreage from 30 to 14.4 acres; reduce the commercial office space from 128,000 square feet to 60,000 square feet (gross floor area); reduce the retail commercial space from 219,000 to 40,000 square feet (gross leasable area); reduce the residential units from 764 to 464; and permit assisted living facilities within the 300 multifamily dwelling units in the land area adjacent to Livingston road South of Golden Gate Parkway. On February 9, 2005 staff received a Grey Oaks NOPC that was reviewed and approved by the SWFRPC Agenda Item No. 17C ADN 24.2007 at their April 21, 2005 meeting but was withdrawn at the county level and with a statement in this current NOPC that it has been withdrawn. The project is described in three parts. The northwest quadrant consisting of 354 acres is within the City of Naples. The northeast and southeast quadrants consisting of 1,247 acres are located in Collier County. In summary, the proposed changes were to increase the residential units by 100 units for a new total of 1,700 units within the project (County and City portion), decrease the combined office and retail square footage from 1,303,091 to 180,000 gross square feet, eliminate the 250 room hotel and to relocate 80,000 squarer feet of the approve commercial (retail and /or office) uses from the northeast quadrant to the northwest quadrant. PROPOSED CHANGES On October 18, 2006, the applicant Naples Grande Holding, LLC submitted a NOPC to eliminate all 250 hotel rooms approved for the southeast quadrant of the DRI and increase the residential units by 175 units. Based on previous changes the DRI was originally approved for 2,700 units, then reduced to 1,900 in 1998 and further reduced to 1,600 in 2000. The new total will now be 1,775 units. Although not stated in writing specifically, the substantial deviation determination chart states a 20 acre reduction in commercial acreage with the change. This acreage reduction is associated with the hotel being considered commercial so only the elimination of hotel room not commercial square footage is proposed. Also, caused by the change there will be a 12 acre increase in golf holes and golf course /recreation/park /road right -of -way as compared to the 2000 change. Finally, there will also be a .3 acre increase in lakes, water management and preservation compared to the 2000 change of which 60.66 acres will be specifically stated as preservation in the proposed development order amendment language (see Attachment II, 2000 Amended Master Development Plan and Attachment III proposed Master Development Plan). These changes are presumed to create a substantial deviation but can be rebutted at the public hearing by clear and convincing evidence. The language specifically states in Chapter 380.06(19)(e)(5)(b) F.S. "The following changes to an approved development of regional impact shall be presumed to create a substantial deviation. Such presumption may be rebutted by clear and convincing evidence." and "Notwithstanding any provision of paragraph (b) to the contrary, a proposed change consisting of simultaneous increases and decreases of at least two of the uses within an authorized multiuse development of regional impact which was originally approved with three or more uses specified in s. 380.0651(3)(c), (d), (f), and (g) and residential use." CHARACTER, MAGNITUDE, LOCATION The location of the DRI is not changing. The magnitude is still less than the original DRI unit proposal of 2,700 even though there will be an increase of 175 units from the last change in 2000. The character of the project will not change in that it is still a mixed use project. REGIONAL GOALS, RESOURCES OR FACILITIES Because the proposal is to eliminate the 250 room hotel and replace it with 175 multifamily units according to the traffic study submitted with the NOPC there will be reduction in net new trips by 1,218 when compared to the 2000 approved land uses and a 7,355 net new trip reduction when compared to the original DRI approved land uses. The increases in both golf course /recreation /park/road right -of -way acreage and lakes, water management and preservation from the previous change in 2000 which are even greater compared to the original ADA are improvements to the regional resources of the region. Therefore, based on these changes no additional regional impacts from the previous approved amendments or the original ADA will occur. MULTIJURISDICTIONAL ISSUES Aoenda Item No. 17— April 24, 2007 Page 32 of 38 From the beginning of the DRI review process on this project in 1988, the City of Naples and Collier County have been working together through an inter -local agreement. No new multijurisdictional issues have been determined on these changes. NEED FOR REASSESSMENT OF THE DRI Because no additional regional impacts are anticipated, not previously reviewed by the SWFRPC, the need for reassessment of the DRI is unnecessary. ACCEPTANCE OF PROPOSED D.O. LANGUAGE The applicant has provided an acceptable draft amended development order. One addition amendment is recommended to address the law allowing for biannual monitoring reports instead of annual. RECOMMENDED ACTIONS: 1. Notify Collier County, the City of Naples, the Florida Department of Community Affairs and the applicant that the proposed changes do not create additional regional impacts. 2. Include addition affordable housing language as follows. The petitioner will commit to providing $1,000 per site development plan approved residential unit paid to the Collier County Affordable Housing Trust Fund at the time of certificate of occupancy. This $1,000 will be credited toward any additional affordable housing linkage fee that may be in effect at the time of site development plan approval. 3. Request that Collier County provide SWFRPC staff with copies of any development order amendments related to the proposed changes. 11/06 Aaenda Item No. 17C April 24.. 2007 rUy., O, 'rc„ DEVELOPMENT ORDER NO. 07- RESOLU'170N NO. 07- A RESOLUTION AMENDING RESOLUTION NUMBER 90- 292 (DEVELOPMENT ORDER NUMBER 90 -3, AS AMENDED), AS AMENDED, FOR THE HALSTATI' /GREY OAKS DEVELOPMENT OF REGIONAL IMPACT ( "DRI ") BY PROVIDING FOR: SECTION ONE, AMENDMENTS TO DEVELOPMENT ORDER BY REVISING THE NUMBER OF ACRES FOR COMMERCIAL USES, BY INCREASING THE NUMBER OF RESIDENTIAI. UNITS AND INCREASING THE AMOUNT OF ACREAGE. FOR CONSERVATION LAKES AND WATER MANAGEMENT PURPOSES, BY DELETING THE REFERENCE TO HOTEL ROOMS, REVISING THE HOUSING SECTION, REVISING THE HURRICANE EVACUATION SECTION, REVISING THE TRANSPORTATION SECTION, REVISING AN UNTITLED SECTION TO PROVIDE FOR BIANNUAL REPORTS INSTEAD OF ANNUAL REPORTS, AND REPLACING MAP H, THE MASTER PLAN, WITH A NEW MASTER PLAN, SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; AND SECTION FOUR, P.FFECr OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITPAI, TO DEPARTMENT OF COMMUNITY AFFAIRS AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County approved Resolution Number 90 -292 (Development Order Number 90 -3) which approved a Development of Regional Impact (DRI) known as the Halstalt DRI (now known as Grey Oaks) on June 6,1990; and WHEREAS, the Application for Development Approval (ADA) was incorporated into and by reference made a part of the Development Order; and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth as Exhibit A to Resolution Number 90 -292 (Development Order Number 90 -3); and WHEREAS, and the DRI Development Order has been subsequently amended several times; slid WHEREAS, the owners of the DRI property are desirous of amending the Development Order; and WHEREAS, Bruce E. Tyson, AICP of WilsonMiller, Inc., representing Naples Grande Holdings, LLC has petitioned the Board of County Commissioners to further amend the Grey Oaks Development Order; attd WHEREAS, the Collier County Planning Commission has reviewed mid considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing on the petition on , , 2007; and 1 Words s4ru6k4loo sigh are deleted; words underiined are added. Agenda Item No. 17C April 24. 2007 Page 34 of 38 WI- 11iREAS, the Board of County Commissioners of Collier County has reviewed and considered the reports of SWFRPC and the Collier County Planning Corimm& ion and held a public hearing on _ , 2007; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER AND MASTER PLAN A. Paragraph 4 of the Findings of Fact Section of Resolution Number 90 -292 (Development Order Number 90 -3), as amended, for the Grey Oaks DRI is hereby amended to read as follows: 4. The applicant proposesd the development of Grey Oaks Planned Unit Development for 1,60139 acres which includes: -484:8 84.8 awns of commercial uses to include 250-het°l fog° 653,453 square feet (gross finor area) of office commercial, 649,638 square feet (gross leasable area) of retail commercial, 4600 -1 775 residential dwelling units, 72 holes of golf, and 367:88 368 18 acres of conservation, lakes and water management, which includes 60_66 preservation acres. B. Paragraph 3, "Housing," of the Conclusions of Law Section of Resolution Number 90 -292 (Development Order Number 90 -3), a% amended, for the Grey Oaks DRI is here by amended to read as follows: 3.d Nap -- i ande Holdings LLC shall convnit to providing $ i (100 per caclr aonroved residential unit loclted within uronerly controlled by Naples Grande Holdings, LLC to_tile Collier County Affordable housing 'frost Fund at the tune of issuance of a certificate of occu nncy fm such unit This $I 000 oaylnent shall be credited toward any additional affordable housing linkage fee that nray t approyal. C. Paragraph 4, "Hurricane Evacuation," of the Conclusions of Law Section of Resolution Number 90 -292 (Development Order Number 90 -3), as amended, for the Grey Oaks DRI is hereby amended to read as follows: 41 'file applicant (or a homeowners association) shall annually distribute the County's "Hurricane hrfurmation Document" which provides information on the need for the project to evacuate, how to prepare for a storm, and hurricane evacuation routes in case persons should wish to leave the project. - motel-- mail agement— shnik —d _ '.,�t��o. Dooemen ".=i - the- ewerrfvf 6 hyr+ teane- emerget3oy-- Ai- a- vtinirtiutn ;early- evacuakion- taha]{ -be 2 Words ir[Fuek440111311 are deleted; words underlined are added. Agenaa Itern Na. 17C April 24, 2007 r'eeo.•••••'••am..v..ded for_aa r••� �. • len&4o- pvl%aH9Hit)BFaF),shel ter €or',- heti. ^ ^°euate• guest6 in the upper- interior hnllw {y+- gad- aeeetNed- t'crome, D. Paragraph 5, "Transportation," of the Conclusions of Law Section of Resolution Number 90 -292 (Development Order Number 90 -3), as amended, for the Grey Oaks DRI is hereby amended to read as follows: 5.a. The applicant or his successors shall be fully responsible for site - related roadway and intersection improvements required within the Halstatt DRI except for roadway and intersection improvements related to construction of the Golden Gale overpass and related expansion of the Golden Cate Parkway (CE 886) acid Airport Road (CR 31) rights -of -ways. The applicant shall be required to pay the full cost for any site - related intersection improvements (including but not limited to; signalization, turn lanes and additional through lanes) found to be necessary by Collier County fur the project's access intersections onto Airport Road (CR 31), Golden Gate Parkway (CR 886) and tire fill re- Livingslon Road. Attached hereto as Exhibil "E" is a list of access intersections approved for the project and changes that are or may be necessary in order to meet the long -range transportation plans for the area. A copy of the signal progression nnnlysi.s requested by the County Transportation Department is incorporated by reference and copies have been submitted to the SWPRPC, Collier County and the City of Naples. E. Paragraph 4 of an unlined section of Resolution Number 90 -292 (Development Order Number 90 -3), as amended, for the Grey Oaks DRI is hereby amended to read as follows: 4. The applicant or its successor(s) in title to the subject property shall submit a report annually- biannually, copmrencing one year from the effective date of this development order, to the Board of County Commissioners of Collier County, the Southwest Florida Regional Planning Council, and the Department of Community Affairs. This report shall contain the information required in Section 9J- 2.025(7), Florida Administrative Code. This report shall be prepared in accordance with the "DIU Monitoring Format ", as may be amended, provided by the SWFRPC. Failure to submit the aria nal biannual repot shall be governed by Subsection 380.06(18), Florida Statutes. F. Exhibit "C" (Map H, Master Plan) of Resolution Number 90 -292 (Development Order Number 90 -3), as amended, for the Grey Oaks DRl is hereby amended by replacing said Map H, with- 139dii it-"D" 1-erete, a new Master Plan depicted as Map H -i attached and incorporated herein by reference, reflecting tine amendments herein described. 3 Words streele tltreugln are deleted; words underlined are added. Agenda Item No. 17C April 24.. 2007 Page 36 of 38 SECTION TWO! rINDINGS OR FACT 1. The proposed changes to the previously approved DRI do not meet or exceed any of the criteria listed in the DRI Development Order or in Subsection 380.06(19)(b), Florida Sintares. 2. Tile applicant submitted to the County, tine Regional Planting council and the Slate Lard Planning Agency Form BRM- 08 -86, said form being entitled "Notification of a Proposed Change to a Previously Approved Development of Regional Impact" (DRI) Subsection 380.06(19), Florida Statutes. 3. The application is in accordance with Section 380.06(19). 4. The proposed changes to the previously approved Development Order are consistent with (Ile report and recommendation of the S WFRPC. 5. A comprehensive review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments and the S WFIU'C, and has established that lire changes result in a reduction of tine project's impacts. 6. The development is not in an area desigmded an Area of Critical State Concern pursuant to the provisions of Section 380.06, Florida ,Smnaes, as amen(ted. 7. No increase in development intensity is authorized by this Development Order. SECTION T11RUE: CONCLUSIONS OF LAW 1. The proposed changes to the previously approved Development Order do not constitute a substantial deviation pursuant to Subsection 380.06(19), Florida Statutes. The scope of the development to be permitted pursuant to this Development Order Amendment includes Operations described in the Notice of Proposed Change to a Previously Approved DRI,-- F.A+ibA g�ntlaehed- t+ereteand- by- referenoPr:;oQO oTed'cltereof. 2. The proposed changes to the previously approved Development Order are consistent with the report and recommendations of the SWFRPC. 3. The proposed changes to the previously approved development will not unreasonably interfere with tie achievement of file objectives of the adopted State land Development Plan applicable to the area. 4. The proposed changes to the previously approved development are consistent with Collier County Growth Management Plan and the Collier County Lard Development Code i adopted pursuant thereto. 4 Words atimeiHbre nigh are deleted; words underlined arc added. Agenda Item No, 17C April 24, 2007 F'ay� OT �r 3u 5, The proposed changes to the previously approved development are consistent with the State Comprehensive Plan, SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DCA AND EFFECTIVE DATE 1. Except as amended hereby, Development Order No. 90 -3, as amended, shall remain in full force and effect, binding in accordance with its tams on all parties thereto. This amended Development Order shall take prccudemce over any of the applicable provisions of previous development orders which are iu conflict therewith. 2. Copies of this Development Order Number (Resolution Number shall be transmitted immediately upon execution to the Department of Conunnnity Affairs, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council. 3 This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution Ire recorded in (tic minutes of this Board. This Resolution adopted this — day of , 2007, alter notion, second, and majonly vole. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCIC, CLERK COLLIER COUNTY, FLORIDA BY: ,Deputy Clerk JAMES N. COLETTA, CHAIRMAN Approved as to form and legal sufficiency: Marjorie ".-Student-Stirling Assistant County Attorney 5 Words 94aek nongh are deleted; words underlined arc added 0 Agenda Item No. 17C April 24, 2007 Page 38 of 38 HOOMIRM 11 p�jj FCC' �4�E P92" n e 0 kk § §y ki'nn §& _l 3 DRI MASTER PLAN - MAP H-1 PREPARED FOR: NAPLES GRANDE HOLEMS, LLC Exhibit C W►IsprtMillEr Agenda Item No. 17D April 24, 2007 Page 1 of 156 EXECUTIVE SUMMARY PUDA - 2006 -AR- 10157: Naples Grande Holdings, LLC, represented by Bruce E. Tyson, of WilsonMiller Inc., requesting an amendment to the Grey Oaks PUD to replace the approved hotel use with residential land uses and add 175 units, thus changing the maximum number of units to 1,775 dwelling units for a project density of 1.12 units per acre. The PUD comprising 1,601.4± acres is located at the northeast, northwest and southeast quadrants of the intersection of Airport - Pulling Road and Golden Gate Parkway (the changes proposed in this petition will only affect the southeastern quadrant of the intersection), in Sections 24, 25, 26 Township 49 South, Range 25 East, Collier County and the City of Naples, Florida. (Companion Item: DOA - 2005 -AR -7136) OBJECTIVE: To have the Board of County Commissioners (BCC) review staffs findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced PUD amendment petition and render a decision regarding the petition. CONSIDERATIONS: The petitioner is seeking an amendment to the Grey Oaks Planned Unit Development (PUD) to 1 eliminate all 250 hotel rooms approved for the southeast quadrant of the project and increase the number of residential units by 175 units. The new residential unit total for the entire Grey Oaks project will be 1,775 units. As depicted on the revised PUD Master Plan, the location of the proposed 175 dwelling units to be constructed is on the south side of Golden Gate Parkway between Airport- Pulling Road and Livingston Road. The petitioner has also provided a "Conceptual Land Plan" that shows the access to this tract from Golden Gate Parkway. A majority of the units have lake frontage. This project is also a Development of Regional Impact (DRI) and is subject to the requirements contained in the DRI Development Order which is also being amended to reflect this change. FISCAL IMPACT: The PUD amendment, by and of itself, will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the PUD amendment is approved, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay 50 percent of the estimated Transportation Impact Fees associated with the project. Other fees collected prior to issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Finally, additional revenue is generated by applying ad Grey Oaks PUD, PUDA - 200610157 Executive Summary for April 24, 2007 BCC Page 1 of 7 Agenda Item No. 17D April 24, 2007 Page 2 of 156 valorem tax rates to applicable properties, and that revenue is directly related to the value of improvements. Please note that the inclusion of impact fees and taxes collected are for informational purposes only; they are not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMPACT: Future Land Use Element (FLUE): In the portion of the project located in unincorporated Collier County, specifically the southeast quadrant, the petitioner is requesting to increase the number of residential units ( +175); eliminate the hotel use (250 rooms on 20 acres); and increase the acreage dedicated to golf course /recreation/ park/right -of -way ( +4.99). For the entire PUD, residential development is increased by 13.98 acres (175 DUs); the gross residential density is decreased to approximately 1. 17 DU /A; commercial classifications (C, C/H, O, & Town Center) are combined into a single category (O /C); uses are eliminated under Section VI; Section VI, 6.02.2) "Permitted Principal Uses and Structures for O (Office) Tracts" is eliminated; and rental units (10 maximum) are added to the list of accessory uses under PUD Section IV, 4.02 B. A Development Agreement and an Interlocal Government Agreement allows Collier County to enact zoning on the City's portion of the project. The portion of the subject project located within unincorporated Collier County is designated Urban—Mixed Use District, Urban Residential Subdistrict, except for 115 acres which are within the Urban — Commercial District, Mixed Use Activity Center Subdistrict (Activity Center #8, at the Golden Gate Parkway /Airport- Pulling Road intersection). Much of the County portion of the PUD is within a residential density band. This project comprises a Master Plan Activity Center, which allows the shifting of commercial acreage among Activity Center quadrants. Relevant to this petition, the Mixed Use Activity Center Subdistrict permits the full array of commercial uses; and the Urban —Mixed Use District, Urban Residential Subdistrict accommodates a variety of residential uses, including Planned Unit Developments, at a base density of 4 DU /A and a maximum of 16 DU /A, as allowed under the Density Rating System. The Urban designation also permits recreation and open space uses. A review of the Density Rating System reveals that the portion of the site on the east side of Airport- Pulling Road is eligible for 4 DU /A. Additionally, a portion of the project lies within a density band, making that portion eligible for a 3 DU /A bonus. The Grey Oaks PUD /DRI was originally approved in 1990, and it has been subsequently amended to increase and/or decrease land uses and densities and intensities. The original approval and all subsequent amendments were found to be consistent with the 1989 GMP, as amended. Based upon the above analysis, the proposed PUD Amendment may be deemed consistent with the FLUE. Transportation Element: Transportation Planning Department staff has reviewed this petition, and based on the current Traffic Impact Statement (TIS) guidelines with respect to the Collier County Growth Management Plan Transportation Element has determined that the project can be found consistent with the Transportation Element. The petition proposes the elimination of 250 Hotel units, to be replaced by 175 multi- family residential units which represents a net reduction in calculated trips during the PM Peak hour. The Traffic Impact Statement provided with the DRI Amendment shows the following analysis of PM Peak Hour trips: Grey Oaks PUD, PUDA- 2006 -10157 Executive Summary for April 24, 2007 BCC Page 2 of 7 Agenda Item No. 17D April 24, 2007 Page 3 of 156 Trips from currently approved development with hotel rooms (Based upon the amended approval of the DRI in 2000): 3,663 trips Total trip reduction: 258 trips This trip reduction equates to a 7.0 percent trip reduction for the overall project. Therefore the proposed amendment is consistent with Policies 5.1 and 5.2 of the Transportation Element of the GMP. GMP Conclusion: The Growth Management Plan is the prevailing document to support land use decisions such as this proposed amendment. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the FLUM and the FLUE as indicated previously in the GMP discussion. The proposed rezone is also consistent with GMP Transportation Element Policy 5.1 as previously discussed. Based upon the above analysis, staff concludes the proposed uses and density may be deemed consistent with the goals, objectives and policies of the overall GMP. ENVIRONMENTAL ISSUES: Environmental Services staff has reviewed the petition and the PUD document to address any environmental concerns. The Environmental Advisory Council did not review this petition because the proposed changes do not have any impact on environmental issues. TRANSPORTATION ISSUES: Transportation Review: Transportation staff has reviewed the TIS associated with the proposed change. The proposed change in use produces less net new trips than the approved PUD/DRI uses. Any operational impacts will be reviewed at the appropriate development order application. The project is consistent with Policy 5.1 of the Transportation Element of the GMP. Transportation staff has no objection to the proposed change. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard this petition on March 1, 2007; however the CCPC asked the petitioner to make changes to the PUD to more accurately reflect the existing PUD ordinance, therefore the petition was continued until March 15, 2007. At the March 15, 2007 hearing, Commissioner Adelstein made a motion that Commissioner Vigliotti seconded to forward petition PUDZ- 2005 -AR -10157 to the BCC with a recommendation of approval by a vote of 9 to 0 subject to the following conditions: 1. Prior to the Board of County Commissioner's hearing, the petitioner must provide written affirmation from affected property owners, i.e., those property owners with land having a "C" zoning designation in this PUD stating their lack of objection to the removal of the hotel/motel and transient lodging use in PUD Section 6.02.1)(h); and 2. Clarify that the deletions and additions shown in Section 7.05.4 -7 are acceptable to Collier County Transportation Planning Department staff; and Grey Oaks PUD, PUDA- 2006 -10157 Executive Summary for April 24, 2007 BCC Page 3 of 7 Agenda Item No. 17D April 24, 2007 Page 4 of 156 The PUD sent to the BCC must be the version that reflects the changes adopted at the CCPC hearing. Item #1: The petitioner has submitted a letter of no objection from George Varnadoe, who represents the property owners who control the "C" designated portions of the project. Item #2: While it appears that all commitments have been met, it cannot be unequivocally confirmed at this time; therefore staff and the applicant have agreed to return to the original PUD language for Section 7.05.4 -7. Item 93: The PUD document has been revised to reflect changes adopted at the CCPC hearing. Because no letters of objection have been received, this petition has been placed on the summary agenda. ZONING STAFF ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCC) must be based. The legal considerations are based upon the listed criteria in Chapter 10.03.05 and Chapter 10.02.13 of the LDC. These evaluations are completed as separate documents that were incorporated into the staff report. A summary of the legal considerations and findings recommended by staff are noted below: Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Element (FLUE) and Future Land Use Map and the elements of the Growth Management Plan (GMP). Pro: County staff has reviewed this petition and has offered an in -depth analysis (see staff report) of the relevant goals, objectives Management Element, the Future Land Use the GMP offering a recommendation that overall GMP. Con: None. and policies of the Conservation & Coastal Element and the Transportation Element of this petition be found consistent with the Findings: Based upon staff's review, the proposed development is in compliance with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) for Collier County and all other relevant goals, objectives and policies of the GMP. Whether changed or changing conditions make the passage of the proposed land use change necessary. Pro: The proposed change is not necessary, per se; it is being requested in compliance with the LDC allowances to seek such changes. Con: The subject tract could be developed in the manner currently proposed if the petitioner so desired. It is the petitioner's choice to seek the proposed action. Findings: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the GMP) is positive. Grey Oaks PUD, PUDA- 2006 -10157 Executive Summary for April 24, 2007 BCC Page 4 of 7 Agenda Item No. 17D April 24, 2007 Page 5 of 156 Whether the proposed change will adversely influence living conditions in the neighborhood. Pro: The County's current land use policies in the FLUE support the proposed action and the proposed use is not contrary to the current land use policies. Con: The proposed amendment, by reducing traffic, should not adversely influence living conditions. Findings: The proposed change should not adversely influence living conditions in the neighborhood because the proposed change will provide a net decrease in traffic thus reducing the amount of adverse impact development that this site might have had on adjacent and nearby developments. AFFORDABLE HOUSING IMPACT: The PUD document does not contain any provisions to address the Affordable - Workforce housing demands that it may create because the affordable housing commitment was determined to be a regional issue; therefore the item is addressed in the DRI Development Order. The DRI Development Order includes language to require the developer of the Naples Grande site to pay $1,000 per residential unit. This amount is to be paid to the Collier County Affordable Housing Trust Fund at the time of issuance of a Certificate of Occupancy for each dwelling unit. This $1,000 will be credited toward any additional affordable housing linkage fee that may be in effect at the time of site development plan approval. The PUD document, in Section 7.13 contains linking language to the DRI Development Order to ensure that the DRI commitments are incorporated into any county approvals. LEGAL CONSIDERATIONS: This is a PUD to PUD rezone having the effect of amending the existing Planned Unit Development Zoning District — Grey Oaks PUD. The BCC hearing on the amendments is quasi - judicial in nature. As such the burden falls upon the applicant to prove that the proposed amendments are consistent with the applicable criteria set forth below. The burden then shifts to the BCC, should it consider voting against the amendments, to show that such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposed change or changes does /do not meet one or more of the applicable criteria from the listed criteria below. Criteria for PUD Rezones Ask yourself the.following questions. The answers assist you in making a determination for approval or not. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained Grey Oaks PUD, PUDA - 2006 -10157 Executive Summary for April 24, 2007 BCC Page 5 of 7 Agenda Item No. 17D April 24, 2007 Page 6 of 156 at public expense? Findings and recommendations of this type shall be made only after consultation with the County attorney. 3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or othertinse affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? Grey Oaks PUD, PUDA - 200610157 Executive Summary for April 24, 2007 BCC Page 6 of 7 Agenda Item No. 17D April 24, 2007 Page 7 of 156 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ( "reasonably ") be used in accordance with existing zoning? (a "core question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed PUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.1I1, as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. (MMSS) STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition PUDZ- A -2006- AR- 10157. PREPARED BY: Kay Deselem, AICP, Principal Planner Department of Zoning and Land Development Review Grey Oaks PUD, PUDA - 2006-10157 Executive Summary for April 24, 2007 BCC Page 7 of 7 Agenda Item No. 17D April 24, 2007 Page 8 of 156 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Name— 17D Item summary: This item requires that all participants be sworn In and ex parts disclosure be provided by Commission members. PUDA - 2006 -AR- 10157 Naples Grande holdings, LLC, represented by Bruce E. Tyson. of WilsonMiller Inc.. requesting an amendment to the Grey Cake PUD to replace the approved hotel use with residential land uses and add 175 units, thus changing the maximum number of units to 1,]75 dwelling units for a project density of 1.12 units per acre. The PUD comprising 1.601 4 acres Is located at the northeast, northwest and southeast quadrants of the intersection at Airport colloid Road and Golden Gate Parkway Qua changes proposed In this carbon will only affect the southeastern Quadrant of the intersection), In Sections 24, 25. 26 Township 49 Soul, Range 25 East, Collier County and the City of Naples. Florida (Companion to DOA- 2005 -AR -7136) Meeting Date: 412412067 9'.00 00 AM Prepared By - Kay Doselem, AICP Principal manner Data Community Development & Zoning & Land Developmem Review 41512007 11:36:24 AM Environmental Services Approved By Judy Puig Operations Analyst Date Community Development& Community Development& 41612007 10:45 AM Environmental Services Environmental Services Admin. Approved By Mafjorle M. Siutlarm Stirling Assistant County Atanney Date .runty Priori County Attorney Office 4612007 2'.30 PM Approved By Ray Be11ow5 Claim Planner Date Community Development & Zoning 8 Land Uevelppmnnt Review 41912110] 1 57 PM Environmental Services Approved By Marlene Stewart Executive Secretary Data Community Devolopment 8 Community Development& '. 3 25 PM Environmental Services Environmental Services Afford. Approved By Susan Murray, AICP Zoning & Land Development Director Data community Development 8 Zoning 8 Lana Development Review 411012007 11:07 AM Environmental Services Approved By Donald L. Scott Transportation Planning Director Date Transportation Services Transportation Planning 4/10120071:24 PM Approved By Norm E. Feder. AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 4H0/20W 2: 33 PM Approved By Community Development 8 Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development 8 V1 21200T 4:47 PM Environments Services Environmental Services Atlmin, Approved By OMB COOrtlio.hw Administrative Assistant Date County Managers Office Office of Management & Budget 411 312 007 9:26 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management& Budget 4114120079:49 AM Approved By James V. sued County Manager Dana Board of County Commissioners County Manager's Office 4I1]I200]4:D0 PM COr County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: HEARING DATE: SUBJECT: Agenda Item No. 17D April 24, 2007 Page 0 of 156 DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES MARCH 1, 2007 PETITION NO: PUDA- 2005 -AR -10157 FOR GREY OAKS PLANNED UNIT DEVELOPMENT (PUD) [COMPANION TO DOA - 2005 -AR -7136] APPLICANT /AGENT: Mr. William Slavich Naples Grande Holdings, LLC 404 Citation Point Naples, FL 34104 REQUESTED ACTION: Mr. Bruce E. Tyson, AICP, RLA Wilson-Miller 3200 Bailey Lane Naples, FL 34105 The petitioner seeks this amendment to the Grey Oaks Planned Unit Development (PUD) to remove 250 hotel rooms and add 175 residential units. This project is also a Development of Regional Impact (DRI) and is subject to the requirements contained in the DRI Development Order which is also being amended to reflect this change. GEOGRAPHIC LOCATION: The Grey Oaks PUD is located in the northeast, southeast, and northwest quadrants of Airport- Pulling Road and Golden Gate Parkway, in Sections 24, 25 and 26, Township 49 South, Range 25 East, Collier County and the City of Naples, Florida. The northwest quadrant, consisting of 354 acres is within the City of Naples. The northeast and southeast quadrants, consisting of 1,247 acres, are located in Collier County. (See the map on next page for details.) PURPOSE/DESCRIPTION OF PROJECT: The purpose of this petition is to amend the Grey Oaks PUD to eliminate all 250 hotel rooms approved for the southeast quadrant of the project and increase the number of residential units by 175 units. The new residential unit total for the entire Grey Oaks project will be 1,775 units. As depicted on the revised PUD master Plan (Figure #1) the location of the proposed 175 dwelling units to be constructed is on the south side of Golden Gate Parkway between Airport- Pulling Road and Livingston Road. The petitioner has also provided a "Conceptual Land Plan" (Figure #2) that shows the access to this tract from Golden Gate Parkway. A majority of the units have lake frontage. Grey Oaks PUD, PUD -A- 2006 -AR -10157 March 1, 2007 CCPC Page 1 of 8 Agenda Item No. 17D April 24, 2007 Page 10 of 156 SURROUNDING LAND USE AND ZONING: North: Kensington Park (density 1.53 units per acre) and World Tennis Center (density 4.53 units per acre), developing residential developments with zoning designations of PUD East: Livingston Road, then Wyndemere (density 1.32 units per acre) and Livingston Village (density 3.90 units per acre), residential projects with zoning designations of PUD South: Golden Gate Parkway, then along the west side of Airport- Pulling Road are projects within the City of Naples, the Bear's Paw residential project and the Poinciana Professional Park, an office complex; and along the west side of Airport Pulling Road are the Naples Industrial Park and the Naples Production Park, developed industrial parks both with a zoning designation of Industrial West: Wilderness Country Club, a 218 -acre developed golf course community (density 1.71 units per acre); an undeveloped RS -12 site within the City of Naples; Airport Pulling Road then various commercial uses along the roadway frontage as well as a school and a fire station; the Pinewoods subdivision, zoned RSF -4; and the Hawksridge residential development with a zoning designation of PUD (density 5.99 units per acre) GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): In the portion of the project located in unincorporated Collier County, specifically the southeast quadrant, the petitioner is requesting to increase the number of residential units ( +175); eliminate the hotel use (250 rooms on 20 acres); and increase the acreage dedicated to golf course /recreation/ park/right -of -way ( +4.99). For the entire PUD, residential development is increased by 13.98 acres (175 DUs); the gross residential density is decreased to approximately 1.17 DU /A; commercial classifications (C, C /H, O, & Town Center) are combined into a single category (O /C); uses are eliminated under Section VI; Section VI, 6.02 2) "Permitted Principal Uses and Structures for O (Office) Tracts" is eliminated; and rental units (10 maximum) are added to the list of accessory uses under PUD Section IV, 4.02 B. A Development Agreement and an Interlocal Government Agreement allows Collier County to enact zoning on the City's portion of the project. The portion of the subject project located within unincorporated Collier County is designated Urban— Mixed Use District, Urban Residential Subdistrict, except for 115 acres which are within the Urban — Commercial District, Mixed Use Activity Center Subdistrict (Activity Center #8, at the Golden Gate Parkway /Airport Road intersection). Much of the County portion of the PUD is within a residential density band. This project comprises a Master Plan Activity Center, which allows the shifting of commercial acreage among Activity Center quadrants. Relevant to this petition, the Mixed Use Activity Center Subdistrict permits the full array of commercial uses; and the Urban— Mixed Use District, Urban Residential Subdistrict accommodates a variety of residential uses, including Planned Unit Developments, at a base density of 4 DU /A and a maximum of 16 DU /A, as allowed under the Density Rating System. The Urban designation also permits recreation and open space uses. Grey Oaks PUD, PUD -A- 2006 -AR -10157 March 1, 2007 CCPC Page 2 of 8 Agenda Item No. 17D April 24, 2007 ray_ 11'r Isc A review of the Density Rating System reveals that the portion of the site on the east side of Airport Road is eligible for 4 DU /A. Additionally, a portion of the project lies within a density band, making that portion eligible for a 3 DU /A bonus. The Grey Oaks PUD /DRI was originally approved in 1990, and it has been subsequently amended to increase and/or decrease land uses and densities and intensities. The original approval and all subsequent amendments were found to be consistent with the 1989 GMP, as amended. The subject amendment proposes the following land use changes to the present PUD document: Northeast and Southeast Ouadrants (area within Collier Countvl * Indicates no change Northwest Ouadrant (area within Citv of Naples) Present Amount/Proposed Amount Present AcreagelProposed Acreage Residential units 1,136 units 1,311 units 310.90 332.06 Commercial 1,203,091sq. ft. / * 70.40 Hotel 250 rooms 0 20.00 0 Golf Course /Ree. /Park/ROW Golf Course/Rec. /Park/ROW 609.32 614.31 Conserv. /Lake /Water Management 236.78 230.73 Subtotal 1,247.40 / 1,247.50 * Indicates no change Northwest Ouadrant (area within Citv of Naples) tnarcates no change As seen in the above table, the petitioner is requesting to increase the number of residential units from 1,136 units to 1,311 units in the Collier County portion of this project, while eliminating a 250 -room hotel. The petitioner is not proposing any changes to the portion of the project located within the City of Naples. (The original DRI was approved for 2,700 residential units; reduced to 1,900 in the 1998 NOPC; and further reduced to 1,600 in the 2000 NOPC.) According to the petitioner, the proposed changes will generate approximately 7 percent less trips in the peak hour and up to 17 percent less trips on a daily basis when compared to both the original and previously approved project. Therefore, no additional regional or local impacts will be created beyond those previously identified for the Grey Oaks DRI. Policy 1.1.2 of the CIE establishes a significant impact threshold as a 3 percent increase to the adopted LOS standard service volume. Based upon the above analysis, the proposed PUD Amendment may be deemed consistent with the FLUE. Transportation Element: Transportation staff has reviewed this petition, and based on the current Traffic Impact Statement (TIS) guidelines with respect to the Collier County Growth Management Plan Transportation Element has determined that the project can be found consistent with the Transportation Element. The petition proposes the elimination of 250 Hotel units, to be replaced by 175 multi - family residential units which represents a net reduction in calculated trips Grey Oaks PUD, PUD -A- 2006 -AR -10157 March 1, 2007 CCPC Page 3 of 8 Present Amount/Proposed Amount Present AcreagelProposed Acreage Residential units 464 units * 108.0 100.71 Commercial 100,000 ft.' * 14.4 Golf Course/Rec. /Park/ROW 100.5 107.4 Conserv. /Lake /Water Management 131.1 131.38 Subtotal 354.0 ! 353.89 tnarcates no change As seen in the above table, the petitioner is requesting to increase the number of residential units from 1,136 units to 1,311 units in the Collier County portion of this project, while eliminating a 250 -room hotel. The petitioner is not proposing any changes to the portion of the project located within the City of Naples. (The original DRI was approved for 2,700 residential units; reduced to 1,900 in the 1998 NOPC; and further reduced to 1,600 in the 2000 NOPC.) According to the petitioner, the proposed changes will generate approximately 7 percent less trips in the peak hour and up to 17 percent less trips on a daily basis when compared to both the original and previously approved project. Therefore, no additional regional or local impacts will be created beyond those previously identified for the Grey Oaks DRI. Policy 1.1.2 of the CIE establishes a significant impact threshold as a 3 percent increase to the adopted LOS standard service volume. Based upon the above analysis, the proposed PUD Amendment may be deemed consistent with the FLUE. Transportation Element: Transportation staff has reviewed this petition, and based on the current Traffic Impact Statement (TIS) guidelines with respect to the Collier County Growth Management Plan Transportation Element has determined that the project can be found consistent with the Transportation Element. The petition proposes the elimination of 250 Hotel units, to be replaced by 175 multi - family residential units which represents a net reduction in calculated trips Grey Oaks PUD, PUD -A- 2006 -AR -10157 March 1, 2007 CCPC Page 3 of 8 Agenda Item No. 17D April 24, 2007 Page 12 of 156 during the PM Peak hour. The Traffic Impact Statement provided with the DRI Amendment shows the following analysis of PM Peak Hour trips: Trips from currently approved development with hotel rooms (Based upon the amended approval of the DRI in 2000): 3,663 Total trip reduction: 258 trips This trip reduction equates to a 7.0 percent trip reduction for the overall project. . Therefore the proposed amendment is consistent with Policies 5.1 and 5.2 of the Transportation Element of the GMP. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria upon which a favorable determination must be based. These criteria are specifically noted in Sections 10.02.13 and 10.02.13.13.5 of the Land Development Code and required staff evaluation and comment. The staff evaluation establishes a factual basis to support the recommendations of staff. The Collier County Planning Commission (CCPC) uses these same criteria as the basis for their recommendation to the Board of County Commissioners (BCC), who in turn, use the criteria to support their action on the rezoning request. These evaluations are completed as separate documents and are attached to the staff report (See Exhibit A and Exhibit B). Environmental Review: Environmental Services staff has reviewed the petition and the PUD document to address any environmental concerns. The Environmental Advisory Council did not review this petition because the proposed changes do not have any impact on environmental issues. Transportation Review: Transportation Planning staff has reviewed this petition's documents, inclusive of the accompanying PUD document, Traffic Impact Statement, and Master Plan. Subsequently, Transportation Planning staff is recommending approval of this amendment subject to the stipulations in the PUD document. Zoning Review: Relationship to Existing and Future Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the uses that would be permitted if the proposed zoning action (PUD amendment) is approved, and to the requirements or limitations set forth in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The proposed changes as noted previously are quite limited in scope— removal of the hotel use and an increase of 175 dwelling units. The uses were determined to be consistent with the GMP when the original Grey Oaks rezoning was approved, and as part of that consistency finding, the uses were deemed to be compatible with the land uses that have been developed or would be developed on adjacent tracts. As discerned from the aerial photograph, the surrounding zoning discussion and the Master Plan, the Grey Oaks PUD is already developed or developing with residential uses. The surrounding area uses, consisting of commercial or residential uses, have co- existed with this project as it has been developing with seemingly little problems; no changes are proposed to the Grey Oaks PUD, PUD -A- 2006 -AR -10157 March 1, 2007 CCPC Page 4 of 8 Agenda Item No. 17D April 24, 2007 rage I3 or -lob PUD document that would allow significantly different development that would pose compatibility problems. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. There are no "new" land uses proposed in this petition in that there is already a large residential component within Grey Oaks. In reviewing the appropriateness of the requested intensity on the subject site, the typical compatibility analysis would include a review of both the subject proposal and surrounding properties as to allowed use intensity, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location, traffic generation/attraction, etc. The intensity of the project, based upon traffic analysis, indicates that the proposed change will actually result in a net decrease in project intensity. That was the conclusion of both County Transportation staff and the Southwest Regional Planning Council (RPC). The Master Plan submitted for the PUD does not show project design detail. No buildings have been shown on that plan. The Master Plan is not required to show design detail such as building footprints. Staff does not believe the proposed amendment will affect the finding of compatibility that was made when this PUD was originally approved. Deviation Discussion: The petitioner is seeking four deviations from the requirements of the LDC. The schedule of deviations is found in PUD document Section 2.17. The petitioner has provided justification in support of the deviations which has been included in the Application for Public Hearing and summarized below.). Staff has analyzed the deviations and recommends approval or denial of these deviations as noted below. Deviation A seeks relief from LDC Section 4.02.24.A.2 and 3 of the Corridor Management Overlay District which requires a front yard setback of 100 feet for the first floor of residential dwelling units and an additional 25 feet setback for each additional floor. The petitioner proposed to instead provide a minimum setback of two feet for every one foot of building height. A 20 -foot wide Type D Buffer that includes a 10 -foot high wall (see deviation 92) will be constructed as well. Additionally, the petitioner has agreed that in no case shall any residential structure be closer than 100 feet to Golden Gate Parkway. Petitioner's Rationale: This deviation is requested to reduce the setback requirements if a landscape buffer and wall are installed that will effectively screen and break sight lines of residential development from Golden Gate Parkway. In addition, the landscaping and wall will be similar to The Estuary (northwest quadrant), Bear's Paw (southeast quadrant), and the existing developed portions of the PUD that are actually known as Grey Oaks (northeast quadrant), all of which have walls and landscaping installed. The intent is to provide a consistent public view from Golden Gate Parkway within The Estuary, Bear's Paw, Grey Oaks and Naples Grande corridor. While the ultimate goal is to block future views into the southeast quadrant from the overpass, standard nursery grown plant material is not available in heights sufficient to initially block these views. However, with an aggressive initial planting, these sight lines, over time, will be broken and eliminated. This deviation will comply with the purpose and intent of the original Overlay District as stated in the former LDC (Section 2.2.21). Much of this language was eliminated in the transfer to the new version. As part of the Site Development Plan (SDP) approval process, the petitioner will provide cross - sections, drawn to scale, to demonstrate that sight lines from passing passenger cars (4 feet in height) in the center lane of the eastbound lanes will break the views of the top of Grey Oaks PUD, PUD -A- 2006 -AR -10157 March 1, 2007 CCPC Page 5 of 8 Agenda Item No. 17D April 24, 2007 Page 14 of 156 residential buildings within the southeast quadrant of the Grey Oaks PUD. These tree heights will be shown on the perimeter buffer landscape SDP drawings. Trees and shrubs may be planted and maintained by the developer within the Golden Gate Parkway right -of -way provided that a landscape maintenance agreement is executed between the County and developer. Staff Analysis and Recommendation: This deviation seems to provide an alternative design to what is required by the LDC that meets the intent of the LDC requirement but takes into consideration the site design limitations imposed by the configuration of the subject property. Zoning and Land Development Review staff has reviewed the deviation and recommends approval, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." Deviation B seeks relief from LDC Section 5.03.02.C. I --Wall Height that limits fence and wall heights in residential districts to a maximum of six (6) feet. The petitioner proposes a 10 -foot high wall along both sides of Golden Gate Parkway and along Livingston Road. Petitioner's Rationale: The intent is to provide consistency within the Grey Oaks project so that existing and proposed walls are of similar height. Like Deviation A, this deviation seems to provide an alternative design to what is required by the LDC that meets the intent of the LDC requirement but takes into consideration the site design limitations imposed by the configuration of the subject property. Zoning and Land Development Review staff has reviewed the deviation and recommends approval, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." Staff Analysis and Recommendation: This deviation seems reasonable given the existing walls as explained in the rationale for Deviation A. Zoning and Land Development Review staff has reviewed the deviation and recommends approval, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." Deviation C seeks relief from LDC Section 6.06.01 J., Dead -end Streets, within the southeast quadrant to allow cul -de -sac streets to be 2,300 feet in length, providing that roadway and cut -de- sac do not conflict with Ordinance No. 86 -54, the County Fire Protection Ordinance. Petitioner's Rationale: in the specific instance, an existing topographical feature, the large excavated lake and former borrow pit lies within the southeast quadrant. The distance between the Golden Gate right -of way and the top of bank (approximately 160 feet) does not provide sufficient space to allow for residential development on both sides of a street within the 160 feet. Therefore, the developer is proposing to place the residential structures on one side of the road, with the back side of the structure facing the lake. In order to produce a product that is consistent with the level of development within Grey Oaks, the developer is filling in portions of the lake to create sufficient land for setbacks, landscaping and buffering. There will only be sufficient space to accommodate the buffer, internal road, and residential lot. This street will serve no more than 70 residential multi - family dwelling units. Staff Analysis and Recommendation: This deviation seems reasonable given the physical alteration of the land. Zoning and Land Development Review staff has reviewed the deviation and recommends approval, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner Grey Oaks PUD, PUD -A- 2006 -AR -10157 March 1, 2007 CCPC Page 6 of 8 Agenda Item No. 17D April 24, 2007 Faye 76 or I')Q has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." Deviation D seeks relief from LDC Section 6.06.02 A.3., Sidewalks and Bike Lane Requirements. Local streets that only provide access to residential units placed on one side of a cul -de -sac street shall require a 6 foot sidewalk on the side of the street serving the residential units. No sidewalk shall be required on the side of the street without residential units. Petitioner's Rationale: The specific local street that is the subject of the deviation request is the same street discussed in the previous deviation. This street has a cul -de -sac at one terminus and a round -about at its other. The local street and landscape buffer are parallel to and abut the southern right -of -way line of Golden Gate Parkway. There will be a wall on the PUD side of the right -of- way separating pedestrian and vehicular traffic between the Parkway and the development. There will be no residential development on the north side of the local street between the local street and the Parkway. There appears to be no public benefit to placing a sidewalk along a local, cul -de -sac street that has no abutting residential structures and consequently, no one who would use it. Staff' Analysis and Recommendation: This deviation seems reasonable given the physical alteration of the land. Zoning and Land Development Review staff has reviewed the deviation and recommends approval, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." NEIGHBORHOOD INFORMATION MEETING (NIM): The NIM was held on October 4, 2006 at 5:30 p.m. at Poinciana Elementary School. Two members from the public attended the meeting. Bruce Tyson from WilsonMiller, representing the applicant, gave an overview of the project and the PUD document. There were no concerns expressed about the proposed change from a hotel use to multifamily residential. (Synopsis provide by Lisa Koehler, Public Information Coordinator.) RECOMMENDATION: Zoning and Land Development Review staff recommends that the Collier County Planning Commission forward Petition PUDA- 2006 -AR -10157 to the Board of County Commissioners with a recommendation that this amendment be deemed consistent with the GMP, and further that the PUD amendment be approved with the limitations contained in the PUD document and subject to the amended DRI Development Order. PREPARED BY: KAY DESELEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW Grey Oaks PUD, PUD -A- 2006 -AR -10157 March 1, 2007 CCPC Page 7 of 8 DATE REVIEWED BY: MARJORIE M. STUDENT - STIRLING ASSISTANT COUNTY ATTORNEY RAYMOND V. BELLOWS, MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN M. ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: Agenda Item No. 17D April 24, 2007 Page 16 of 156 DATE DATE DATE JOSEPH K. SCHMITT, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the April 24, 2007 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN Exhibits: A. Rezone Findings B. PUD Findings Grey Oaks PUD, PUD -A- 2006 -AR -10157 March 1, 2007 CCPC Page 8 of 8 DATE Agenda Item No. 17D April 24, 2007 Page 77 of IJU Exhibit A REZONE FINDINGS PETITION PUDA- 2006 -AR -10157 Chapter 10.03.05.G of the Collier County Land Development Code (LDC) requires that the report and recommendations of the Planning Commission to the Board of County Commissioners show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Element (FLUE) and Future Land Use Map and the elements of the Growth Management Plan (GMP). Pro: County staff has reviewed this petition and has offered an in -depth analysis (see staff report) of the relevant goals, objectives and policies of the Conservation & Coastal Management Element, the Future Land Use Element and the Transportation Element of the GMP offering a recommendation that this petition be found consistent with the overall GMP. Con: None. Findings: Based upon staffs review, the proposed development is in compliance with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) for Collier County and all other relevant goals, objectives and policies of the GMP. 2. The existing land use pattern. Pro: The location and zoning map that is attached to the staff report show the site size or configuration of the parcel do not change. Con: None. Finding: Staff believes the net reduction in traffic resulting from the proposed change will have a positive effect upon the surrounding property owners. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Pro /Con: Evaluation not applicable. Findings: The location and zoning map that is attached to the staff report show the site size or configuration of the parcel do not change. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro /Con: Evaluation not applicable. Findings: The district boundaries are logically drawn as previously noted. 5. Whether changed or changing conditions make the passage of the proposed land use change necessary. Page 1 of 5 Agenda Item No. 17D April 24, 2007 Page 18 of 156 Pro: The proposed change is not necessary, per se; it is being requested in compliance with the LDC allowances to seek such changes. Con: The subject tract could be developed in the manner currently proposed if the petitioner so desired. It is the petitioner's choice to seek the proposed action. Findings: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the GMP) is positive. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Pro: The County's current land use policies in the FLUE support the proposed action and the proposed use is not contrary to the current land use policies. The proposed amendment, by reducing traffic, should not adversely influence living conditions. Con: None. Findings: The proposed change should not adversely influence living conditions in the neighborhood because the proposed change will provide a net decrease in traffic thus reducing the amount of adverse impact development of this site might have had on adjacent and nearby developments. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: Development of the subject property is consistent with provisions of the Transportation Element of the GMP, therefore, approval of this project should not create types of traffic deemed incompatible with surrounding land uses and it should not affect the public safety. Con: None. Findings: Evaluation of this project took into account the requirement for consistency with the Traffic Element of the GMP and the project was found consistent. Additionally, certain transportation improvements are included in the PUD document. 8. Whether the proposed change will create a drainage problem. Pro: Road improvements precipitated by this development and water management improvements to accommodate site development are designed to accommodate the normal drainage requirement and are already in place for the most part. EXHIBIT A Rezone Findings PUDA- 2006 -AR -10157 Page 2 of 5 Agenda Item No. 17D April 24, 2007 Page 19 of 15b Con: Urban intensification could potentially increase area -wide flooding in a severe rainfall event. Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub — surface drainage generated by developmental activities. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Pro /Con: Evaluation not applicable Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. Pro /Con: Evaluation not applicable Findin s: This is a subjective determination based upon anticipated results which may be internal or external to the subject property, and which can affect property values. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Pro /Con: Evaluation not applicable Findings: The basic premise underlying all of the development standards in the Land Development Code is that their sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. Pro /Con: Evaluation not applicable. Findings: The proposed development complies with the Growth Management Plan, a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. EXHIBIT A Rezone Findings Page 3 of 5 PUDA- 2006 -AR -10157 Agenda Item No. 17D April 24, 2007 Page 20 of 156 Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Pro: The petitioner could finish the development of the PUD within the parameters of the existing PUD document and the DRI Development Order allowance. Con: None. Findings: Any petition for a change in land use is reviewed for compliance with the GMP and the LDC with the Board of County Commissioners ultimately ruling what uses and density or intensity is approved or, on the contrary, if the petition is denied. This petitioner is proceeding through the proper channels to garner that Board ruling. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: Staff believes this amendment request proposes changes that are within the scale of the needs of the neighborhood and County. Con: None. Findings: The proposed development complies with the Growth Management Plan, a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban designated areas of Collier County. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro /Con: Evaluation not applicable Findings: Because the petitioner is seeking to amend a particular PUD which is an already approved and partially built project, this analysis is not germane to this petition. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro: The amount of site alteration proposed will not directly impact any developed residential tracts. Con: The specific site under consideration in this PUD amendment currently houses a water management lake and a clubhouse for the golf course. The petitioner states that he intends to partially fill the lake to accommodate the proposed dwelling units. EXHIBIT A Rezone Findings PUDA- 2006 -AR -10157 Page 4 of 5 Agenda Item No. 17D April 24, 2007 Page 21 of 15b Findings: Any development of this site would require considerable site alteration with the proposed use of this portion of the site. Staff is concerned that without approval of Deviation A, the development as proposed in not achievable. Staff is not supporting Deviation A believing that the deviation is not in accord with the goals of the Golden Gate Parkway Corridor Management Overlay found in the LDC. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County LDC regarding Adequate Public Facilities. Pro /Con: Evaluation not applicable Findings: A multi - disciplined team responsible for reviewing jurisdictional elements of the GMP and the LDC public facilities requirements has reviewed this land use petition and found it consistent and in compliance for zoning approval. A final determination whether this project meets the full requirements of adequate public facilities specifications will be determined as part of the development approval process EXHIBIT A Rezone Findings Page 5 of 5 PUDA- 2006 -AR -10157 Agenda Item No. 17D April 24, 2007 Exhibit B Page 22 of 156 PUD FINDINGS PUDA- 2006 -AR -10157 Section 10.02.13.13.5 of the LDC of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: The nearby area is developed with residential or commercial uses and the petitioner's amendment would add 175 residential units and remove 250 hotel units to the project. The uses within the developed portion of the Grey Oaks PUD have existed in seeming harmony with the neighborhood and staff does not anticipate that the amendment will change that situation. The petitioner will be required to comply with all county regulations regarding drainage, sewer, water and other utilities. Con: None. Finding: The stipulations included in the PUD document adequately address the impacts from the proposed amendment. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro /Con: Evaluation not applicable. Finding: Documents submitted with the original application provided evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Pro: County staff has reviewed this petition and has offered an analysis (see staff report) of the relevant goals, objectives and policies of the GMP offering a recommendation that this petition be found consistent with the overall GMP. Con: Staff's analysis is subjective. Many of the goals, objective and policies do no have quantative means to measure compliance. The GMP Transportation Element Policies 5.1 and 51 contain measurable components; however, FLUE Policy 5.4 does not. Compatibility is more subjective. Finding: Staff has recommended that the subject petition has been found consistent with the goals, objectives and policies of the GMP as provided for in the adopting ordinance. Please see the staff report for a more detailed discussion. Page 1 of 3 Agenda Item No. 17D April 24, 2007 Pdge Zo Vf 136 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro /Con: Evaluation not applicable. Finding: Staff analysis as contained in the staff report indicates that this petition is compatible, both internally and externally, with the proposed uses and with the existing surrounding uses. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro: The proposed residential project will not significantly change the amount of open space approved for this PUD. Con: None. Finding: The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro /Con: Evaluation not applicable. Finding: Timing or sequence of development in light of concurrency requirements does not appear to be a significant problem as part of the PUD amendment process, but the project's development must be in compliance with applicable concurrency management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Pro: County Transportation Planning staff and the Regional Planning Council (RPQ have determined that the proposed change should produce a net decrease in the traffic generated by this project. Con: None Finding: If "ability" implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, then the subject property has the ability to support expansion based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. PUD FINDINGS PUDA- 2006 -AR -10157 Page 2 of 3 EXHIBIT B Agenda Item No. 17D April 24, 2007 Page 24 of 156 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro/Con: Please refer to the Staff Report Deviation Discussion. Finding: This criterion essentially requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards; however the petitioner is seeking four deviations as part of the PUD amendment approval. These deviations are discussed in the Staff report. The petitioner seeks approval of deviations that propose alternative designs to what is required by the LDC; staff believes the deviations proposed generally meet the intent of the LDC requirements but take into consideration the site design limitations imposed by the configuration of the subject property. Zoning and Land Development Review staff has reviewed the deviations and recommends approval, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the elements may be waived without a detrimental effect on the health, safety and welfare of the community. PUD FINDINGS PUDA - 2006 -AR -10157 EXHIBIT B Page 3 of 3 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET .cffil%� Agenda Item No. 17D April 24, 2007 Page 26 of 156 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403 -2400 FAX (239) 643 -6968 PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER PUDA - 2006 -AR -10157 Project: 19990283 Date: 7/24/2006 REV: 1 DUE: 8 /24/06 NAME OF APPLICANT(S) NAPLES GRANDE HOLDINGS LLC ADDRESS 404 CITATION POINT CITY NAPLES STATE FL ZIP 3410 4 TELEPHONE # 239- 566 -3204 CELL # E -MAIL ADDRESS: BILL aOEMPIREBUILDERS COM FAX # 239 - 566 -2538 NAME OF AGENT BRUCE E TYSON AICP RLA ADDRESS 3200 BAILEY LANE CITY NAPLES STATE FL ZIP 34105 TELEPHONE # 239 -649 -4040 CELL # E -MAIL ADDRESS: BRUCETYSONOWILSONMILLER COM FAX # 239- 643 -5716 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Agenda Item No. 17D April 24, 2007 Flage 27 of 1 b6 Complete the following for all Association(s) affiliated with this petition. Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION: GREY OAKS PROPERTY OWNERS ASSOCIATION MAILING ADDRESS 3775 LIVINGSTON RD. S. CITY NAPLES STATE FL ZIP 34105 NAME OF HOMEOWNER ASSOCIATION: ESTUARY AT GREY OAKS MAILING ADDRESS 2785 AIRPORT PULLING RD CITY NAPLES STATE FL ZIP 34105 NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF MASTER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF CIVIC ASSOCIATION: MAILING ADDRESS CITY STATE ZIP D�scloseire bf tri %r esk Pnforhat�onxfi' r ` R ,... _. «.. n.. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership Agenda Item No. 17D April 24, 2007 Page 28 of 156 b. if the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. C. d. Name and Address Percentage of Ownership Linda Hamilton 25% Vernon Ray 25 % William Slavich 25% Richard Melson 25% Joseph McMackin III (Registered Agent) Agent Only If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Ownership If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership Agenda Item No. 17D April 24, 2007 gage zS 01 10o e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired ❑ leased ❑ Term of lease yrs. /mos. If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: Anticipated closing date T h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Agenda Item No. 17D April 24, 2007 Page 30 of 156 �n +: `r; zy �r'r " "kyc, f?ROP�RTY > <.LQCATION a Detailed legal description of the property covered by the application: (if space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400, scale) if required to do so at the pre - application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township /Range 24, 25, 26 / 49S / 25E Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Impacted Parcel is 00267120600 Metes & Bounds Description: See Legal Description attached to Warranty Deed Size of property, ft. X ft. = Total Sq. Ft. Acres 1,601 T1a�i� If\ cciji�r Address /general location of subject property. The Grey Oaks PUD includes the NE, NW, and SE quadrants created by the intersection of Airport Rd. and Golden Gate Pkwv. This application deals only with the SE quadrant more specifically parcel 00267120600. PUD District (LDC 2.03.06): E Residential ❑ Community Facilities E Commercial ❑ Industrial g� p'':�. Zoning Land use N PUD Residential Neighborhoods (World Tennis Center; Kensington) S C & I Commercial and Industrial Park separated by Golden Gate canal E I Livingston Road then Estates W City of Naples- Office Park Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (if space is inadequate, attach on separate page). No. Section/Township /Range Lot: Block: Subdivision: Plat Boo Page #: Property Metes & Bounds Description: Agenda Item No. 17D April 24, 2007 Faye 3l or 150 This application is requesting a rezone from the zoning district(s) to the zoning district(s). Present Use of the Property: The Grey Oaks PUD contains residential and golf land uses. Currently, some land in the SE quadrant is proposed as Commercial /Hotel, with a possibility of 250 hotel rooms. Proposed Use (or range of uses) of the property: We are proposing to remove Hotel (and therefore 250 rooms) and make that property into a residential land use, adding 175 units to make the total for the PUD 1.775, for a density of 1.12 units /acre. Original PUD Name: Grey Oaks PUD Ordinance No.: 90 -48; amended by 96 -82, 97-45, 98 -94, 00-46 Agenda Item No. 17D April 24, 2007 Page 32 of 156 Pursuant to Section 10.02.13 of the Collier County Land Development Code, staffs analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD Rezone Considerations (LDC Section 10.02.13.B) 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, - water, and other utilities. Please see the PUD Document, Sections 2.02, 2.03, 7.05 and 7.06. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. Please see the warranty deed included with this application submittal. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. Please see the PUD Document, Statement of Compliance. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Please see the PUD Document, Section VII, and Section 2.16. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Please see the PUD Document, Table I. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The developer is aware of concurrency requirements. Water and sewer are in place, and the TIS determined that there will be less trips as a result of this amendment. Also, please see the PUD Document, Table 11 for absorption rates. 7. The ability of the subject property and of surrounding areas to accommodate expansion. This is an existing PUD. Development is only occurring within established boundaries, and this amendment will decrease the intensity of the land use. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This PUD will conform with regulations except for three deviations. Please see the Deviations sheet attached to this application. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. NIA Previous land use petitions on the subiect property: To your knowledge, has a public hearing been held on this property within the last year? ❑ Yes ® No If so, what was the nature of that hearing? Agenda Item No. 17D April 24, 2007 Faye s3 or 1 w NOTICE: This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or the rezoning for a period of six (6) months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed 'closed" may be re- opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency ". Further review of the project will be subject to the then current code. (LDC Section 10.03.05.Q.) Agenda Item No. 17D April 24, 2007 Page 34 of 156 GREY OAKS PUD AMENDMENT Deviations from the Land Development Code Deviation from LDC Section 6.06.01 J., Dead -end Streets. Within the southeast quadrant, a deviation is requested to allow for cul-de -sac streets to be 2300 feet in length providing that roadway and cul -de -sac do not conflict with Ordinance No. 86- 54, the County Fire Protection Ordinance. In the specific instance, an existing topographical feature, the large excavated lake and former borrow pit lies within the southeast quadrant. The distance between the Golden Gate right -of way and the top of bank (approximately 160 feet) does not provide sufficient space to allow for residential development on both sides of a street within the 160 feet. Therefore, the developer is proposing to place the residential structures on one side of the road, with the back side of the structure facing the lake. In order to produce a product that is consistent with the level of development within Grey Oaks, the developer is filling in portions of the lake to create sufficient land for setbacks, landscaping and buffering. There will only be sufficient space to accommodate the buffer, internal road, and residential lot. This street will serve no more than 70 residential multi - family dwelling units. Deviation from LDC Section 6.06.02 A.3., Sidewalks and Bike Lane Requirements Local streets that only provide access to residential units placed on one side of a cul -de -sac street shall require a 5 foot sidewalk on the side of the street serving the residential units. No sidewalk shall be required on the side of the street without residential units. The specific local street that is the subject of the deviation request is the same street discussed in the previous deviation. This street has a cul -de -sac at one terminus and a round -about at its other. The local street and landscape buffer are parallel to and abut the southern right -of -way line of Golden Gate Parkway. There will be a wall on the PUD side of the right -of -way separating pedestrian and vehicular traffic between the Parkway and development. There will be no residential development on the north side of the local street between the local street and the Parkway. There appears to be no public benefit to placing a sidewalk along a local, cul -de- sac street that has no abutting residential structures and consequently, no one who would use it. Deviation from LDC Section 4.02.24 A. 2. and 3. Residential units within the Grey Oaks PUD must comply with Section 4.02.24, Corridor Management Overlay District unless a wall and landscaping is placed along Golden Gate Parkway between residential development and the Parkway. With a wall and plantings within the buffer, internal setbacks shall conform to the requirements of Table III of the PUD. Agenda Item No. 17D April 24, 2007 roye :so of IOU The stated goal of the Overlay District is "to develop greater consistency in design standards between Collier County and the City of Naples." Currently, projects within Grey Oaks (Estuary and development along the north side of Golden Gate Parkway within Grey Oaks) adjacent to the Parkway have been approved with walls and plantings within the buffer. Currently, the Bear's Paw development within the City is planning to erect a wall along its northern boundary with the Parkway. To maintain the desired consistency, the same system of walls and plantings are planned between Airport Road and the entrance to Naples Grande within the Grey Oaks PUD. Since this system of walls and planting will effectively block the view to structures within the Grey Oaks development, and the proposal will create a desired consistency stated in the goal, it is believed this is the best solution in this location. Additionally, this is adjacent to the new Golden Gate Parkway overpass. It is also believed that once the overpass is operational, the proposed wall and planting will produce and esthetic edge that will not be a distraction to passing east bound and merging motorists. Agenda Item No. 17D April 24, 2007 Page 36 of 156 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET No. of COPIeS 1 ►:1 /1 .1 /t /1 ►/ .1 ■ �1 /1 /1 ►1 ►1 W ►1 ►�1 Check here if not required Completed Application Pre - Application Meeting Notes Legible Conceptual Site Plan 24" X 36" Conceptual Site Plan 8'/2" X 11" PUD Document and Master Plan 24" x 36" Master Plan Warranty Deed or Contract for Sale Owner /Agent Affidavit, signed & notarized Environmental Impact Statement or waiver Aerial Photos with Habitat Areas Identified Utility Provisions Statement with Sketches Traffic Impact Statement or waiver Historical Survey or waiver Architectural Rendering of Proposed Structures Boundary Survey, no more than 6 months old(24" x36 ") Copies of State and /or Federal Permits Affordable Housing Density Bonus Agreement, if applicable Electronic Copy of PUD Document & Plans Copy of Letter notifying the U.S. Postal Service of project Addressing Checklist Required Fees One additional copy required if for Affordable Housing ■ ■ ■ ■ ►1 ■ ■ ■ ■ As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. i L24 c �ruu lYseri (C? -Z Z e Agent/Appli Date Agenda Item No. 17D April 24, 2007 f aye 37 of I 5 'TA K L _ "73,c ryaa 'gy, '�yi ,%"�a g ,ySa''3 J. �`+'•, <A.=` w'L t.'�'! / We /I, 602 lten o SlrwxV24 being first duly swom, depose and say that well am /are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner Well further authorize' uce E.Tysotn, A1C -T., _P to act as our /my representative in any matters regarding this Petition. Signature of Property Owner Sign of Prope O ner Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this day of 4t/ ,k 20&1 , by / /,gM ,(. SAv,•c11 who is or has produced as identification. State of Florida County of Collier PUDA- 2006 -AR -10157 Project: 19990283 Date: 7/24/2006 Yn�rmm naaw vx. o�i- eonewe� cw. �+oiaoawm� - -o REV: 1 DUE: 8/24/06 (Signature of Notary blic _S to of Florida ,, +i3' NICHOLAS OABRIEISEN " My CO AMION # 00257663 /. DOS M: Oftbw 12, 2OD7 (Print, ype, or amp Name of Notary Public) Agenda Item No. 17D April 24, 2007 PUDA - 2006- AR -lofte 381ttW 1 Project: 19990283 Date: 7/24/2006 DUE: 8/24106 SUBMITTAL SUFFICIENCY CHECKLIST PUD REZONE or PUD TO PU& REZONE THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET No of Copies Check here if not required ® 24* Completed Application ❑ ® 24* Pre - Application Meeting Notes ❑ ® 24* Legible Conceptual Site Plan 24" X 36" ❑ ® 1 Conceptual Site Plan 8'/2" X 11" ❑ ® 24 PUD Document and Master Plan ❑ ® 1 24" x 36" Master Plan ❑ ® 2* Warranty Deed or Contract for Sale ❑ ® 1* Owner /Agent Affidavit, signed & notarized ❑ ® 4 Environmental Impact Statement or waiver ❑ ® V Aerial Photos with Habitat Areas Identified ❑ ® 4 Utility Provisions Statement with Sketches ❑ ® 7 Traffic Impact Statement or waiver ❑ ® 4 Historical Survey or waiver ❑ ❑ 4 Architectural Rendering of Proposed Structures ® 4 Boundary Survey, no more than 6 months old(24" x36 ") ❑ ® 4 Copies of State and /or Federal Permits ❑ ❑ 4 Affordable Housing Density Bonus Agreement, if applicable ® 1 Electronic Copy of PUD Document & Plans ❑ ® 1 Copy of Letter notifying the U.S. Postal Service of project ❑ ® 2 Addressing Checklist ® Required Fees * One additional copy required if for Affordable Housing As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. C_Z� 4t._�?r-uc:c (VSbAA(Cf Signal Date Details Ownersh Agenda Item No a*bl of 1 April 24, 2007 t-dye 38 of IDo Sub No. 100 ACREAGE HEADER _ _ _ Mlllaae Area Millaoe Use Code 38 IMPROVED COMMERCIAL 10 13.2013 2006 Preliminary Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History Date F Book - Page Amount 021 2006 3978 -1817 5 36,000,000.00 The Information is Updated Weekly. http:// www. collierappraiser .com/RecordDetail .asp ?FolioID = 0000000267120600 8/30/2006 Division of Corporations Florida Limited Liability NAPLES GRANDE HOLDINGS, LLC PRINCIPAL ADDRESS 404 CITATION POINT NAPLES FL 34104 US - MAILING ADDRESS 404 CITATION POINT NAPLES FL 34104 US Agenda Item No. %e 1 oft April 24, 2007 Page 40 of 156 Document Number FEI Number Date Filed L05000115483 203979854 12/02/2005 State Status Effective Date FL ACTIVE NONE Total Contribution 0.00 Name & Address MCMACKIN, F. JOSEPH III 4001 TAMIAMI TRAIL NORTH SUITE 250 NAPLES FL 34103 Manazer/Member Detail httpalwww. sunbiz .orglsctiptslcordet.exe ?al= DETFIL &n1= L05000115483 &n2 =NAMF WD &n3= 0000 &... 8/30/2006 Name & Address Title HAMILTON, 404 CITATION POINT POINT MGR NAPLES FL 34104 RAY, VERNON O 404 CITATION POINT MGR NAPLES FL 34104 SLAVICH, WILLIAM 404 CITATION POINT MGR NAPLES FL 34104 MELSON, RICHARD 404 CITATION POINT MGR NAPLES FL 34104 httpalwww. sunbiz .orglsctiptslcordet.exe ?al= DETFIL &n1= L05000115483 &n2 =NAMF WD &n3= 0000 &... 8/30/2006 2006 LIMITED LIABILITY COMPANY ANNUAL REPORT A enda Item No 17D FILE] April 24, . 2007 Apr 25r 2000, e 41 or -I on DOCUMENT# L05000115483 Secretary of Stale Entity Name: NAPLES GRANDE HOLDINGS, LLC Current Principal Place of Business: New Principal Place of Business: 404 CITATION POINT NAPLES, FL 34104 US Current Mailing Address: 404 CITATION POINT NAPLES, FL 34104 US FEI Number: 20. 3679854 FEI Number Applied For ( I Name and Address of Current Registered Agent: MCMACKIN, F. JOSEPH III 4001 TAMIAMI TRAIL NORTH SUITE 250 NAPLES, FL 34103 US New Mailing Address: FEI Number Not Applicable ( I CertMeate of Status Desired ( I Name and Address of New Registered Agent: The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date MANAGING MEMBERSIMANAGERS: ADDITIONS /CHANGES Title: O Delete 'nue: MGR ( ) Change (X) Addition Name: Name: I-NMILTON, LINDA A Address: Address: 404 CITATION POINT City -St -Zip: City-St-Zip: NAPLES, FL 34104 Title: O Delete Title: MGR ()Change (X) Addition Name: Name: RAY, VERNON O Address: Address: 404 CITATION POINT City -St -Zip: City -St -Zip: NAPLES, FL 34104 TIOe: O Delete Title: MGR ( ) Change (X) Addition Name: Name: SLAVICH, WILLIAM Address: Address: 404 CITATION POINT City -St -Zip: City -St -Zip: NAPLES, FL 34104 Title: () Delete Title: MGR ( ) Change (X) Addition Name: Name: MELSON, RICHARD Address: Address: 404 CITATION POINT City -St -Zip: Clty -St -Zip: NAPLES, FL 34104 I hereby certify that the information supplied with this filing does not qualify for the for the exemption stated in Chapter 119, Florida Statutes. I further certify that the information indicated on this report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 608, Florida Statutes. SIGNATURE: LINDA A- HAMILTON MGR 04!25/2006 Electronic Signature of Signing Managing Member, Manager, or Authorized Representative /Date 08 -18 -o8 03:34pa Fro®- WILSONUILLER INC .....1.- ..... -a ..rp +1238M$481 '-r 1 - 007 - J- /d4 P- t -800 F.82/gje*441em No. 17D April 24, 2007 Page 42 of 156 ADDRESSING CMCKLIST please complete the following AMD FAX (239 -659 -5724) OR SUBMIT IN PERSON TO THE ADDRESSING SECTION. FORM MUST BE SIGNED BYADDBESS/NG PERSONNEL PRIOR TO PRE -APPLICATTON MEETING. Not all items will apply to every project. Items in bold type are required. 1. Legal description of subject property or properties (copy of lengthy description may be attached) 25 49 25 THAT PART OF UNRECD REFERENCED PARCEL NAPLES GRAND GOLF CLUB I AKE &UPLAND AS DESC IN OR 3976 PG 1817 � i�C.rCz1 �i 2. Folio (Property ID) number(s) of above (attach to, or associate with, legal description lfmore than one) 00267120600 3. Street address or addresses (as applicable, lfalready assigned) 7550 [- lden Q= karkwav 4. Location map, showing exact location of project/site in relation to nearest public road right: ofJway 5. Copy of slavery (NEEDED ONLY FOR UNPLATTED PROPERTIES) 6, proposed project name (# 'applicable) 7. Proposed Street names (if'appllcable) 8. Site Development Plan Number (FDR EXISTING PROJECTS /SITES ONLY) SDP _ - 9. Petition Type— (Complem a separate Addressing Checklist for each Petition Type) ❑ SDP (Site Development Plan) ❑ PPL (Plans & Plat Rcview) ❑ SDPA (SDP Amendment) ❑ PSP (Preliminary Subdivision Plat) ❑ SDPI (SDP Insubstantial Change) ❑ FP (Final Plat) = ❑ SIP (Site Improvement Plan) ❑ LIA (Lot Line Adjustment) ! ❑ SIPA (SIP Amendment) ❑ BL (Blasting Permit) ❑ SNR (Street Name Change) ❑ Pow (Right -of -Way Permit) ❑ vegetation/Exotic (Veg. Removal Permits) ❑ EXP (Excavedon Permit) ® Land Use Petition (Variance, Conditional Use, ❑ VRSFP (Vag. Removal & Site Fill Permit) Boat Cock Ext-, Rezone, PUD rezone, etc.) ❑ TDR (Transfer of Development Rights) ❑ Other - Describe: PM Amendment for the Grey Oaks PUD (Ord No 00-46) 10. Project or developmetu names proposed for, or already appearing in, condominium documents (if applicable; indicate whether proposed or existing) 11. Please Check One: N Checklist is to be Faxed Back ❑ Personally Picked Up 12. Applicant Name Bruce E Tyson AICP Phone 2M649.4040 Fax 239.643.5716 13. Signature on Addressing Checklist does not constitute Project and/oT Street Name approval and is subject io further review by the Addressing Section, FOR STAFF USE ONLY Primary Number 3-i Lt-1 OS Address Number - Address Number n Address Number Approvedby / "L -t"�� i t� P..r Data 6,, PUDA- 2006- AR-10157 REV: 1 Project: 19990283 Date: 7/24/2006 DUE: 8/24/06 PUDA- 2006 -AR -10157 REvt I Project: 19990283 DUE: 8/24/06 Date: 7124/2006 Agenda Item No. 17D April 24, 2007 3778707 OR; 3976` :41817 RIC08I0 in OFFICIAL HCORDS of M11,111 COUNTY, FL 02/02/2006 at 03:15PI DIIGIT 1. BROCK, CLIRI CONS 36000000.00 RRC F/1 25.00 Doc -.20 252000.00 This Special Warranty Deed made this 31st day of January, 2006 between Panthers Grey Oaks L.L.C., a Delaware limited liability company, successor by merger to Panthers Grey Oaks, Inc., a Florida corporation whose post office address is c/o The Blackstone Group, 343 ue, New York, NY 10154, grantor, and Naples Grande Holdings, LLC, a Florida limited liability co sytp mE dress is 404 Citation Paint, Naples, FL 34104, grantee: Lim.._- -��Ar- (When uwd herein the tame motor and mY M the parties to and 6. m... and a,Ap of cornorat:ma. &. .1 Witnesseth, that said grantor, fo an< and valuable considerations to mi Reto; granted, bargained, mild to th said STAILIT J LIUMARB Mot Rmoared by and return to: 1100 1100 511 T SI A9I S 1405 Gregory L. Urbancic, Esq. dl 34102 Gooette, Coleman & Johnson, PA. �7 4001 Tamiami Trail North Suite 300 Naples, FL 34103 ` 239435 -3535 V File Number. 3176.002 Will Call No.: [Space Above Thu Line For Recording Data] Special Warranty Deed This Special Warranty Deed made this 31st day of January, 2006 between Panthers Grey Oaks L.L.C., a Delaware limited liability company, successor by merger to Panthers Grey Oaks, Inc., a Florida corporation whose post office address is c/o The Blackstone Group, 343 ue, New York, NY 10154, grantor, and Naples Grande Holdings, LLC, a Florida limited liability co sytp mE dress is 404 Citation Paint, Naples, FL 34104, grantee: Lim.._- -��Ar- (When uwd herein the tame motor and mY M the parties to and 6. m... and a,Ap of cornorat:ma. &. .1 Witnesseth, that said grantor, fo an< and valuable considerations to mi gre granted, bargained, mild to th said lying and being in Collier Conn Mot See Attached Exhibit A r A Portion of Underlying P)tn SUM Number. and anigm of individuals, AND O /10DOLLARS (310.00) and other good t hereof is hereby aclon wiedged, has Rrg o ver, the following described land, situate, Subject to: (a) ad valorem re p�qq taxes for they d subsequent years[ (b) zoning, building code and other use res '�I6riajy�� authority (c) outstanding ail, gas and mineral Interests of record, if o {,a`T r� slrvatloas, and easements common to the subdivision, if any. 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 m 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 claiming by, through or under grantors. DoubNTlmea I Agenda Item No. 17D OR; 3976 p�ge� 156 in Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year fast above written Signed sealed and delivered in our presence: State of Nrn,.s j 'k- County of e e The foregoing instrument was of Panthers G Grey Oaks, Inc., a Florida torpor as it [Notary Seal] MMMA 1-- aND "obary Public. %w No. COmmlaslon'exCn [f Panthers Orey Oaks L.L.C., a Delaware limited liability company, successor by m to Panthers Grey Oaks, Inc., a Florida corporation By: Its: p�.,...t�cl b{�+L� -✓ a Delaware limits of said company. of January, 2006 by 4CCENIJ mpany, successor by merger to Panthers personally known or U has produced SpecWt Warrmay Aeef- Age 2 boubMTlmae Agenda Item No. 17D April 24, 2007 OR: 3916 MMV'o Exhibit "A" 912331M All that part of 6xtlon 25, Towns ice 49 . South. Range 26 East. Geller Camty, fiords. being Mons pvtldamy described as faboe's; COMMENCING 111178e Southwest comer of said Sedbn 25; Thence Wong the South efe of said Section 25, South SV48'Y East 100.02 feet to a print on the Eeet 8ne of that land desatbad In Official Record Sook 184, Page 8, Public Records of Colter County, Florida; Thence along wed lire North 01.10'4r Fast 100.03 feet Thence leaving said line Sad 89.4802• Best 50.01 feel to a point on the East line of Bet lane described In OfOdW Record Book 873, Page 1882, Public Records of Collier County, Florida; Thence along said Ike Nod 01.18'4r East 1910.57 bat to a point on the South Ilse of that land described In Official Rend Book 2 7 e 2241 -2242, Public: Records of Colter County. FlaAda; Thence Wong sad the 2411 rise rve concave south having a radius of 519.82 feet a subta ded by a chord which hears North 76.19'1 r fast Thence condnae ale a North 8243'39• East 294.1 POINT OF BEGINNING of the red Thence 317.55 / W a d a h he g e radius d OM00 feet through can of anb�hlg w ed by ■ beers North Thence South 1 Thence Nod I Thence North t Thence South t Thence South 1 Thence 783.56 radWa of 3,741 which beans So Thence South I Thence South 1 south having a vied by a chord Iw,us uw.re reef say 9 n r cave cenceve nod hevhg a radius of 31759.D6 feed tleouph n eM being eWhnded by a Mad ~ bears Swlh 80.15'22' Fast 1f9 Thence South 87*41'25' Fast 61.26 feet Thane 52.25 feet along the arc of a non4anpenllal circular wive concave north having a radius of 3,001.72 fad through a Central angle of 00.48'02' and being subtended by a chord which teen South 118.58'23• East 5225 feet; Thence South 05'38'38• West 98.90 feet Thence South 21.07'0' West 54.85 feet Thence South 15.53'T Wet 23721 feet Thence South 21'01103' Wasl 77.10 feet Thence South 09'30'1` West 76.18 feet Thence South 22.3134• West 72.10 fast Thence South 38'20'25' West 71.70 feet Thence South 25.563W West 137.87 feet Thence South 48.07-41• Wee 75.71 feet Thence South 28.59'01• West 74.00 feet; aflleer rfrrlq/nu► loerlr/ fe ram ace/ rfleelr fdJ. sla.4JJa arm /saawre+anm1.aanran [ s+t RasXO. MCIsa fianla Jrra .aa4drraoa- Ari'lo.JtRSiraOF 9 wotaw~Man Agenda Item No. 17D April 24, 2007 Page 46 of 156 OR: 3976 PG: 1820 Wilsp»Mller w.a.reres evreree., ept�t aeY�er Desorlp0on of part of Sections 25, Township 49 South, Range 25 East, Collier County, Florida. (Naples Grand Golf Club) (55,45 Acre Panel) Continued: Thence South 20'69'31' West 0.71fest to a point hereinafter referred to es POINT'A'; Thence continue South 20'69.31' West 79.60 feet Thence South 03'30.26' West 65.68 feet Thence South 66.36'12' West 146.10 feat Thence South 4W34'18' West 62.16 feet; Thence North 57'23'38' West 189.41 feet Thence 47.45 feet along the arc of a non - tangential circular curve concave northwest having a radio of 67.38 feat through a control angle of 31.08'40' and being subtended by a chord which bears South 4920'38' Wee 46.87 feet Thence 13.20 feel along the arc of a nn4angentlal circular curve concave not having a radius of 16.71 feat through a central angle of 45'18'24' and being subtended by a chord which bears North 89'51'43' West 12.88 f Thence 65.42 feet along the to awe concave southwest having a radius of 271.78 feet N raj' being subtended by a chord wh1ch bears North 63.9 st Thence 22.63 feet al of a non4argenHal of a concave southeast having a radius of 10.74 feet a centre angle a 120'10'41 be subtended by a lord which beam S 't s14 82 feet to a Int of rvature; Thence 26.36 elo th a nave t, having a radius of 17.88 feet through a roll n of 84' landed y e chord i bears South 26'19'16' Thence 13.35 el g -e of n aid north having a radius 0128.22 u h '05.38' by a chord which bears Sotto 65 3. Thence 71.00 the arc d a nn- tangent a ve north having a radius of 252.58 a certbal angle of 1 3' subtended by a chord which bears North 3' West 70.78 feet Thence 130.57 feet are of a nn4angenbal concave south having a radius of 97828 fast t nlral angle of 07' +� log subtended by a chord which beam North 68'4 a Thence 38.44 feet along the 1 r cave concave south having a radius of 214.01 feet through a 6' and being subtended by a chord which beam Nash 71rW34' West 38A0 feet to a point of tornpou d WNW Thence 34.04 fast along the are of a circular crave concave southeast having a radius of 20.71 feet through central angle of 94'10'01' and being subtended by a chord which beam South 49'52'42' West 30.33 feel to a point of reverse curvature; Thence 32.60 feet along the arc of a circular curve concave northwest, having a radius of 18.14 fee through a central ogle of 102'5824* subtended by a chord which bars South 54'16'54' West 28.39 feet Thence North 72'23'08' West 93.08 feet Thence 39,48 fee 9" the are of a nor •ungandal Circular curve concave south having a' radius of 40.74 feet through a central angle of 45'4225' and being subtended by a chord which beam Seth 88'25'10' Wast 38.64 feet Thence 48.88 feat along the arc of a ronAmWndd circular awe concave not having a radius of 126.78 fast through a antral angle of 20'5141' and being subtended by a chord which beam South 75'13140' West 48A1 feet; 11"512.1 2 OF Agenda Item No. 17D April 24, 2007 OR: 3976 PGiyelM 1J. M"Miller' Neraadf9rmalYr4aapt.. eanaaer Description of part of Sections 25. Township 49 South, Range 25 East Collier County, Florida. (Naples Grand Got Club) (65.48 Ass Parcel) Continued: Thence 118.98 feet along the arc of a non- angantd circular rive concave north having a radius of 455.85 feet through a central angle of 14.5799• and bang subtended by a chord which bears North 87'38'13' West 118.84 feet Thence 79.79 feet along the arc of a non- angentlal circular cave concave northeast having a radius of 49.11 feet through a central angle of 93.06'08'" being subtended by a chord which bees North 38.49'68' West 71.30 feat Thence 43.05 feet along the arc of a non- tangantW circular curve concave southeast huMng a radius of 64.75 feet through a central angle of 38.05'54' and being subtended by a chord which berm North 27.51'54' East 42.27 feet Thence 77.55 feel along the arc of a non-tangential chair save concave southeaat having a radius of 174.94 feet through a central angle of 25'23'69' and being subtended try a chord which bean North 87'57'23" E {-7 Thence 3024 feet along th o curve concave south having a radius of 81.83 feet thro np subended by a chord which beam North 86.51'17' . 4 feet to a point of oo rve; Thence 22.121sat arc of a circular save cones sou having a radius of 17.00 feet thvou9h can ang rt<t34:1x23. and being subte a ord which beam South Thence 19.27 f feet through a ( Fas117.24 feet Thence 26.391 having a radars of 11.93 )oars South 51.49'33' a radius of 23.00 bean North Thence 29.$4 1 the arc of a circular - _ s '~ having a radius of 28.18 feet through a ce of 57'36'04' subt beam Naha 44.58'09" East 28.12 feet Thence North 74.4 108.34 feat (J Thence 10.74 feet ale a non -ta tial a concave west fa vi g a radiva of 5.29 feet through North 14'00'19 East 8.99 a �� which 6a� Thence 13.05 feat along Me arc areal having a radius of 9.49 eel through bah rugs of 78.48'04' subtended by a chord which beam North 04'48'00' Wed Thence 22.96 feet along the arc or a ncn•WONTIial circular curve concave southeast haft a radius of 40.68 feat through a central angle of 32.11'25' and belrg subtended by a chord which bean North 50.49'01' East 22.65 fast Thence 23A4 feet along the arc of a nontangrdial circular curve concave south having a radius of 75.36 feet through a central angle of 17.49'14' and being subtended by a decd which beam North 78.4740' Past 23.34 feet Thence 19.87 feet along the arc of a non - tangential circular curve concave south having a radius of 25.03 fad through a Central angle of 45-8'301 and being subtended by a chord which beam South 7WOO'Or East 19.35 feet Thence 2228 fast along the arc of a rcn4angertlal circular curve concave northeast having a radius of 34.35 feat through a central angle of 37.10'081 and being subended by a chord which beam South 87.2230" East 21.89 feet 91051M 3OF9 Agenda Item No. 17D April 24, 2007 OR; 3976 M�ge=156 WlWwiUer' aerwrJb,. s re.aq, arpr a eaewea Description of part of Sections 25. Township 49 south, Rstgs 25 East, Copier County, Florida. (Naples Grand Golf dub) (SSA8 Acre parcel) Continued: Thence 14.89 feet along the arc Of a non - tangential circular curve concave north having a radius of 2921 feel through a central angle d 29'1788' and being subtended by a chord which bears North 78'0724' East 14.73 feel to a point of cwnpourd curve; Thence 20.08 feet along dip arc of a circWar nave cancan northwest having a radius of 63.62 fast through centre{ angle of 21'27'18' and being subtended by a chord which bears North 52'471r East 19.98 feet; Thence 22.99 feet along the arc of a non4angandsl circular ourve concave nw#w mt having a radius of 43.14 feet trough a central angle of 30'31'61" and being subtended by a chord which bears North 50'18'41 East 22.72 feet Thence 18.87 feet along the we of a non- langaMid cUatar lava concave watt having a radius of 27.96 feet through a central angle of 39'05'58' and being subtended by a chord which bears North 1610719' East 18.50 fe Thence 21.05 feet along M curve concave west having a radius of 42.07 feet through a blended by a chord which bears North 17'02'1r West to a point of Thence 25.97 feet a arc of a circular feet through ce ang qt -7S. . and Thence 35. 101.68 feet Nord 84'2( Thence 15: Wrve co a N having a mdlus d 84.50 being subts a whlrin teen Nord 5..dilh t ving a mdhus d chard wh ha n9 a radius of 03 kin beaB South Thence South '6 "West 94.25 feet; Thence 9.55 feet arc d a non-tangent] w north having a radius d 11.14.feet throu angle of 4vorss ad by a chord which bean South 85'07'08' W k V Thence 31.45 feet alo d a non - tangential s concave south having a radius d 27.68 fast th oaf subtanded by a chord which bean south 77.41'08' W Theaos 2028 feet along the a rill vier oum concave roritanat having a radius d 38.14 feat through a central a a 30'2x45' and being subtended by a chord which beans South 58'56'31 West 20.04 fast to a point of compound curve; Thence 33.05 feet along the arc of a cVWw are concave north Carving a radius of 58.74 fed through central angle of 32'14'12' end being subbnded by a chord which beam South 88.10'31' West 32.02 bet t0 a point of compound curve; Thence 2943 feet along the arc or a circular curve cancan northeast having a radius of 44.00 feat through central angle of 37'00'01' and being sublended by a clod vfiich bmn North 6710023' West 28.63 fast to a point of compound curve; Thence 21.44 feet along the are of a chaiar curve concave northeast having a radius of 97.08 feet through coolmil angle of 1133'15' and being aubtanded by a chord which beam North 32.19'45 West 21.40 feet to a point of compound curve; arena e 4 OF Agenda Item No. 17D OR: 3976 �e za 2 I = �I�iMiller' w.nam„nti.rAa cpsaearaiq Description of pelt of Sections 25, Towns* 49 South, Range 26 East, Collier County, Florida. (Naples Grand Golf Club) (6SA8 Acre Parcel) Continued: Thence 9.28 fast along the arc of a circular our" concave oast having a radius of 17.91 feet through central woo of 29.38'59" and bake subtended by a chard which bears North 11'14'38' Waal 9.15 feet Thence North 04'1YS8' East 61.80 feet Thence 11.49 feat Wong the are of a r on-tangent al grater rive concave west having a redu of 22.71 test through a central angle of 28'58'54' and being subtended by a chord which bean North I(rW48' Weet 11.37 fast to a point of compound curve; Thence 29.62 feet along the arc of a circular am concave southwest having a radius of 153.82 feet Ihro ugh central angle of 1I *02'W and baling subtended by a chord which bean North 3097'15' Wash 29.58 feet Thence 32.12 feet along the arc of a non gatlet circular curve oncave southwest having a radius of lij feet through a opt bskc subtended by a chard wNcih bean Nord 40'3T18' Thence 21.18 feet dung nhorf Wrhaare southwest having e aqua of 118.98 feet al sryje et 10'1 i g subtended by a chord which bean North 4 est 21.14 feat D 13.24 southwest having a ad by a chord which a radius of 28.79 feet bean North Thence 19158 ve south having a radius of 50.62 a 1 �r tended by a chord which bears South 88' Went 19.45 lost Thence South 64 West 36.95 feet Thence South 80' sat 26.46 feet; Then 14. rc 97 fast a of a ncn4engantiei ve north having a ml s o ,5p f argk W 41.36'4�'l subtended by a chord which The North 72'12'oi' 24 V1 The 21.88 feet song the curve concave northeast having a radius of 88.05 feet through a T74' and bang subtended by a chord which been North 59'33'18' Went 21.57 feet to a point of reverse curvature; Thence 18.79 fain along the are of e crcuar curve tmrhava aouthwpt, having a radius of 60.02 feet through a cankal angle of 21'31' 29' sobletded by a chord which bean North 51.00'25' West 18.68 feat to a point of compound am; Thence 29.06 feat a" the arc Of a dmWw curve conoava south having a radius of 31.24 fast through central angle or 53'1T18' and being subtended by a chord which lean South 613512' West 28.02 feet to a point of reverse curvaaun; Thence 3828 teat along this arc of a circular curve oorcave forth, having a radius of 50.15 feel trough a central angle of 41'2T12' subtended by chord which boars South 75'40'10' West 35.50 feet to a point of compound ounm; Thence 1854 foot along the are of a circular curve concave north having a radius of 71.39 feet through central angle of 14'52'58' and berg subtended by a chord which bean North 76'09'45" Woet 18.49 feat; 110116.1 5 OF Agenda Item No. 17D A,6124 2007 OR. 3976 PG.g492t 156 Wilsp�iMller' errwrsarallwWa arago. e DesaaAlan of part of Sections 25, Township 49 Sa1th, Range 25 East Collier County, Florida. (Naples Gnarl Golf Club) (66.48 Awe Parcel) Continued: Thence 40.07 feet along the arc of a nn- larhgenthil circular curve wnceve south having a raclus of 44.31 hat t mo a central angle or 61'48'2r and being subtended by a clad which beam South 86'38'31' West 38.7116414 Thence 2827 feet along the am of a norMangsn0af circular curve noneava north having a radius of 80.74 fed through a antral angle or 27'08'49" and being subtended by a chord which beam South 74'18'36" Wad 28.01 fear Thence 31.75 fed slag the arc or a noMangentlal circular curve concave north having a radius of 15239 fed thrmugh a central angle of 11.5(('20' and being subtended by a chord which bears North 86'10'25 Wad 31.70 hat to a poled of compound cave; Then 20.01 led along the sm of a circular rive concave north having a radius of 80.18 fed through conks[ angle of 19'03'00' and be subended I; a dwrd which boom North 89'40'3(4• West 194fmi Thence 19.29 fed %MW teest havinp a radius d 97.80 fed though ON" a a chord which beam North 54.2757" West 19 reverse Thence 2094 feet reular c, having a nsdbus d f f s 99 f r.r tmm�n l0.24'44 drOnd which beam North 6 4.03Y2' West 91 f tQdupglydollmdip00na } s Thence 24.80 alo the arc o d curve ve so having a radius d 286.33 feat 4 a chord which bears a ' as 4. 20.40 Thence 28.40 f Then tea of n n hry ve south having e radius of 39.14 51'98' n tended by a chord which beam North 81' C✓ ti Thence 25.36 the sm of a rhorh- terngen cu north having a radius of 8991 a central angle of 10 nded by a chord which bears South 86.1 26.27 feat to a point Thane 5828 fed of a circular rive oo g a radius of 23321 feet through central angle 1 " and beJW subtend which beam North Thence 46.38 fed don th T qre� south, having a radius d 151.31 fed through a central sls d 1 ubtepded� a ctwN which beam North 81.13'50' WW4521 feat Thence South 89.40'31' Wast 207.08 fast: Thence 3494 fwt abng tha arc d • nn tangentlW dreutar cave ow"ve nom hovkg a radius of 293.24 fed through a central angle of 05.49'34' and being subtended by a chard which boom NOM 86' 1720' West 34.92 hat to a point of caopound Curve; Thence 69.17 fad along tha eta of a dmular cave conaw north having a radius of 841.88 feet through central angle of 04'01'38' and being subtended by a chord which bean NcBn 79.51'44' West 59.16 W to a point of compound clrrve; Thor" 50.23 fad abng the n d s drecr curve concave noM having a radius of 288.31 feat tiacugh central angle of 09058150 and being subtended by a chord which bows North 72.612r West 50A71661; Thence 85.72 fad stag the aro or a ran4angenaol circular curve concave northeast having a radius of 134.1 a hat through a antral angle of 28'2733' and being subtended by a chord which bears North 53.0773" West MD3 fed; rwa.....vr r�w•n.,. YI3NIr.1 60F9 Agenda Item No. 17D April 24, 2007 Faye 31 or toe OR: 3976 PG: 1825 Wiwn1 filler w. , Description of part of Sections 25, Township 49 South, Range 25 East CoMer County. Florida. (Naples Grand Golf Club) (55.45 Acre Parcel) Ccntirhuad: Thence 51.31 feet along the are of a non- tenpanWl drdAar Curve concave sou"MI having a radius of 401.55 feat through a central angle of OT1715' and being subtanded by a chard which beers North 44.954W Weal 5127 few to a point of compound arc; Thence 57.03 feet along the am of a dicular curve concave swerwi 6,t having a radius of 1, 477.51 feet through central angle of 02.36,58' and being sublarded by a dhard which bean North 48'54211• west 97.03 feet; Thence 35.45 feet along the she of ■ non•tangentgl droular curve conave aoutvreet having a radius or 103.6 1 feet through a central angle d 10'3725' and beep subtended by a chord which bears North 80.4764' West 3525 That Thence 106.00 feat along the we of a non- tangentfar asad r curve concave south having a radius d 051.82 fast Waugh a central MOB Of 08'2704' and being subtended by a chord which bean North 72.9532' Wwt 1 Thence North 70'14'03' Worst Thence 207.52 fast g a concave northeast having a radius of 165.77 feet angle d 74' subtended by a chord which bean North 41' aN 103.08 feet Thence North 03' 00.19 feet Thence 12.45 avbhp a radius of 45.43 which bears North hh having a by a clad which Thence 47.94 f cy north Thevi a ndWa of 41.37 b V7• an dad by a chord which bsara North 71.9 ' rt 49.30 feet . radius of 15.13 feat a central ant's of S7'24r g d by a chwrd which bean North 74.25 .01 Teel Thence 71.08 feet a a ran- tangerdlel >oncave north haft a radius d 84.22 feet subtended l>y a chord which bears South 38'11511' Woo Thence 24.03 feat along the arc concave south having a radius d 54.17 feet trohgth ■ central angN 25. 4824' seed bang sublentlsd by a chord vhvch bean North 70'6T50' West 24.10 feet Thence 77:77 fast along the aro of a r"4angadial circular curve concave northeast having a radius Of 38.93 fast Stough a central angle of 12W33'6Y and being subtended by a all which burrs North 34.1928' West 34.20 feet Thence 30.85 fast along the are of a non4ergsntist circular curve concave west having a radius of 55.47 left throgh a central ag10 d 40'57Lg' and being subtended by a chord which boars North 03-03'18' Worst 38.81 feet Thence 39.75 feet along the are de non-WhpanOal dmula curve concave seal having a radhn of 47.78 feet Waugh a central angle of 47'40'08' and being arbtanded by a chord which bases North 1744'10 East 33.31 feat flAl\ 1CO NnKY� rhnnea 7OF9 Agenda Item No. 17D April 24, 2007 Page 52 of 156 OR; 3976 PG; 1826 WilsahWillef x,val.ma. Description of part of Sections 25. Towlahtp 49 South, Range 25 East, Collor County, Florida. (Naples Grand Golf Club) (55.48 Ala Parcel) Continued: Thence 18.87 teat Nora the arc of a non- tangential circular wive concave sourheasl having a radtua of 51.12 fast though a oantral angta or 21'09'08' and being wblendad by a chord which bean North 50.50'21' East 18.78 feet Thence North 283797 West 79.42 feet to a point on the Sotto Ihne of But land described In Official Record Bask 2057, Peg" 22411 -2242, Public Records of Collar Cwrdy, Florida and the POINT OF BEGINNING of the parcel heraln described. Containing 80.39 saes, more or less. _ LESS AND EXCEPTING the following described parcel; BEGINNING at aformeMbned POINT •A' Thence South 20'5931' West 79.50 feet Thence South 83'3078' West 55.88 Thence Seth 88.38'12' Wes Cp T �� Thence South 45'34'18' V Thence Nalh Sr2398' teat Thence 29.81 feet a d a norrtangential olmn cbry re northhree having e radius of 87.38 last - a central angle of 172445' Ing blended by a chord wNch bean NoM 24.12 1 . Thence 02.41 1110 to non -tarts ceder a west having a radius of 230.74 feet central 9'52' 11 ha109 s by a chord which bears North 08 53 Thence 40.11 f a r m r west having a radius of 92.76 feet th ce rapt of 4' d g a chord which beers North 10.19'111' Thence 69.57 f arc of a acv east having a radius of 55.33 fee ands of 72'0748 by a chord which bees Thence 28.77 feet N1904ii� non•tangen0ai nordwAsat having a radius of 3255 feel angle of 50.11 V8 wbteWed by a chord which beta North 24.14't to a point a on e; Thence 39.00 feel having ng a radius of 116.63 feel through central an a chord which tears North 10.43'58' Was 39. Thence 90.06 fee along the arc of a non tangential circular curve aMcam southwest having a radius of 431.11 fee through a central angle of 12.48'02' and being subtended by a chord which bean North 29.4578' Weet 95.87 feat Thence North 38.34'30' East T2.53 feet; Thence North 2171 VT East 95.73 feel; Thence Nato I V0391' East 40.05 tee; Thence Nato 59'03'65• East 268.10 test, Thence South 7713191' East 32.05 feet Thence South 30.37'08' East 91.00 feet; Throw WA feat a" the arc of a non4ongential circular curve concave east having a radius of 351.00 feet through a ow** angle of 09'49'18 and being wteerWed by a chord which bean South 08'2rSr West 80.09 feet; Thence South 58'2841' East 35.50 fee; 8OF9 w,awar.a 10 91MIL1 Agenda Item No. 17D April 24, 2007 F'ayc 53 of iGG OR: 3976 PG: 1827 � * Description of part of Sections 26, Township 49 South. Rands 26 East, Confer County, Florida. (Naples Grand Goa Curb) (65.48 Aoe Paroso Cominusd: Thence 187.95 fast Wong the are of a non- tangentisi circular cams concave noAhwast having a radius of 234.50 fast through a central angle of 45.66'18' and being subtanded by s chord which bean South 28'30'85' West 182.8 feet•, Thence South 22.3T24' West 82.07 feel Thence South 21P4WIV East 219.82 feel to the POINT OF BEGINNING of the parcel herein described. Containing 4.91 acres, more or lees. Parcel described contains 55.48 not acres, more or less. Subject to easements and resMdlbm Bearings are assumed and bayed wpst�jb+p pf$eWw 25, being North 01'16 4T East WllaonMiller, Inc. 12.E W.O.: Raf : Dale: C��pp ll-1 11 %W191 .mwmuyq.,rytiraMRWV(iikaxWZ..n.+. ....r.« _ 9OF9 PIJDA -249X& ��rNo. 17REV: 1 Project: 1999028 pn124, 2007 Date: 7/24/2006 age 54BUP§8 /24/06 STATEMENT OF UTILITY PROVISION FOR PUD REZONE REQUEST AQPL,IcAHT AIIFORLIATION NAME OF APPLICANT(S) NAPLES GRANDE HOLDINGS, LLC ADDRESS 404 CITATION POINTE CITY NAPLES STATE FL ZIP 34104 TELEPHONE #.239-566-3204 CELL # FAX # 239 -566 -2538 E -MAIL ADDRESS: BILL(c EMPIREBUILDERS.COM ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): Property ID # 00267120600 Section/Township /Range 25 / 49S / 25E Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 00267120600 Metes & Bounds Description: See Legal Description attached to Warranty Deed : applicable system): a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM ❑ c. FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME d. PACKAGE TREATMENT PLANT ❑ (GPD capacity) e. SEPTIC SYSTEM ❑ a. COUNTY UTILITY SYSTEM ❑ b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME d. PRIVATE SYSTEM (WELL) ❑ 711 z 17 v�- nn ecnm+ia Agenda Item No. 17D April 24, 2007 rage oo o[ I 0 STATEMENT OF UTILITY PROVISIONS — page 2 TOTAL POPULATION TO BE SERVED: 438 PEAK AND AVERAGE DAILY DEMANDS: A. WATER -PEAK 121.5 gpm AVERAGE DAILY 43,750 gpd B. SEWER -PEAK 121.5 gpm AVERAGE DAILY 43,750 gad Note: The above population and peak and average daily demands are for 175 residential units. For the entire 234 residential units the total population to be served is 585 people. The peak demands for this many people for both water and sewer is 162.5 gpm. The average daily demands for 585 people for both water and sewer is 58,500 gpd. For the clubhouse addition, add 100 gpm to the demands. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre - application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. 711KL 17UN Vr 011 -WF9 n N01TO1g0.0S1 - -0 T. r ♦ g.A7 n S Oil NOISE)Ninn .r..... O Y ¢R^ c c E W — a� o. m C7 _ Cu5 = Q m LL .m �;...✓ -vex ' '.si_. HyP-:} d{m .. { d g,. 0 e �" L j r ya 7 } 4 ^ ' "F- r c a vy mp � i 3 T uW; ►/ �i i} S i Y 1 N:('a ♦ t c z x` ti W_ i CD Al 4.1 J, k GYi �,r RpphrWWY 1 �� �� AF 10 IIOAN a .T ��Py b '� ♦: jar ��r fi " J... Obi O �. 1031NOWNNIW 10I1SV N O RT 1. mr Y�r ia '1 N Ek 1 4 N r p vwm O 1. } 4. N I I IS011miller' New Dlrectbns In Planning, Design & Engineerfng July 17, 2006 Mr. Robert M. Skebe U.S. Postal Service 1200 Goodlette Road Naples, FL 34102 -9998 Re: Grey Oaks PUD and DRI Amendment Letter of No Objection Dear Mr. Skebe, PUDA- 2006 -AR -10157 Project: 19990283 Date: 7/24/2006 REV: I DUE: 8/24/06 Agenda Item April rage r We are currently in the application process for a PUD and DRI Amendment to the Grey Oaks development in Naples, Florida. Our amendment proposes to remove the possibility of 250 hotel rooms and add 175 residential units (for a total of 1,775 units in Grey Oaks). Enclosed please find one site plan for the above referenced project for your review and approval. The additional units will be located in Section 25, Township 49 South, Range 25 East, in the Southeast quadrant created by the intersection of Airport- Pulling Road and Golden Gate Parkway. Upon completion of your review, please forward a "Letter of No Objection" to WilsonMiller, Inc., Attn: Brooke Gabrielsen, so that we may submit it to the County. If you have any questions, please do not hesitate to contact me at (239) 649 -4040. Sincerely, WilsonMtligr, Inc. Brooke C. Gabrielsen Planner Encl. Offices strategically located to serve our clients 800.649.4336 Naptesiiorporete Mce 3200 Bailey Lane, Suite 200 • Naples, Rorida 34105 • 239.649.4040 • Far2396435 %Y6 w/lsonmlller cam N tlSVnMIIIep Inc. — R Llc.i LPC000170 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW,cO1.LIERGOV.NET Agenda Item No. 17D 2800 NORTH HORSESHOE DRIVLApril 24, 2007 NAPLES, FLORIDA 34104 Page 58 of 156 (239) 403 -2400 FAX (239) 643 -6968 PRE- APPLICATION MEETING NOTES PUD Rezone PUD to PUD Rezone XPLID Amendment Date: Time: 930 Firm: Wkksm� 'ku E12 Project Name: —� �- Size of Project Site: VOON . O acres Applicant Name. Phone: 6gct- 404.0 Owner Owner State ZIP Existing PUD Name and Number IMP_ 11 (� Lg_EU Assigned Planner_ !f Cl {. Meeting 'Attendees; (attacf( Sign In sheet) IOO ( acfle S Submittal Requirements (refer to application for additional requirements) .4 Copies of the following: 1�Y �• 1�wru (❑ 1 additional set if located in the Bayshore /Gateway Triangle Redevelopment Area) Completed Application dpum\paA cV,kmty* -a f,c \ Pre - application Meeting Notes �h `` Conceptual Site Plan 24X 36" and One 8'/2 X 11" copy ,('oW -Tv 775 �eSi(�l1^s tw I�hll S PUD document and Master Plan plus one 24" x 36" copy of the Master Plan 2 Copies of the following: Deeds/Legals & Survey (if boundary of original PUD is amended) List identifying Owner & all parties of corporation Owner /Agent Affidavit signed & notarized Covenant of Unified Control Completed Addressing Checklist 4Copies of the following: r2 5 Environmental Impact Statement (EIS) or wa4ver and digital /electronic copy of EIS /� storical Survey or waiver request �� Utility Provisions Statement w/sketches IL9 / Architectural rendering of proposed structures (1 lQ C ( /Y s[1 apjlCry� '- 4rchitectural Review required / l / /_� Survey, signed & sealed nb �j oft o'A lD mo (0 4 ® Seven (7) Traffic Impact Statement (TIS) or waiver CALL PICK - 4A�cFfl�AOLtr� l M � =Ttra� [i Five (5) copies of Recent Aerial Photograph (with habitat areas defined) min scaled 1" = 400' One (1) Elect ` ccroniccop of all documents in Word format and plans (CDRom or Diskette) Fees: Application Fee: ❑ $10,000 (PUD Rezone) + $25 per acre (or fraction thereof) Agenda Item No. 17D Q" $8,000 (PUD to PUD) + $25 per acre (or fraction thereof) April 24,'2007 $6,000 (PUD Amendment) + $25 per acre (or frOCrlOn thereof) Faye 59 of IOU i $150.00 Fire Code Review $2,250.00 Comprehensive Planning Consistency Review $500.00 Pre - application fee (Applications submitted 9 months or more after the date of the lost pre -app meeting shall not be credited towards application fees and a new pre - application meeting will be required. $760.00 Legal Advertising Fee for CCPC meeting (to be reconciled upon receipt of Invoice from Naples Daily News). $363.00 Legal Advertising Fee for BCC meeting ❑ $2500.00 Environmental Impact Statement review fee Property Owner Notification fees. Property Owner Notifications $1.00 Non - certified; $3.00 Certified return receipt mail ( to be paid after receipt of invoice from Dept. of Zoning & Development Review) s Fee Total I Meeting Notes - - - -7 Coax 'diwow Pk,.tA%' r'1t+,er4- [L,.c:3 = us<ls 2,t„ «f- he ncns:sfanl ci &&I- (XL gme, 1 7225 2 reuise 4o ivIetydx, Wdc keg rEkn Ct q •M 6MP 1 1 GbC WIKK ctp�il l[tal(iC tncludr .L+uS y-r.� r'a Ir t f+ovt f wtLr./ bF YJnil-c ka <� hQOn AAC"t`. G!\Current \Pre -App formsUPUD pre- app.doc Revised October 11, 2005 AgendAWWAA)D April 24, 2007 Page 60 of 156 Brooke Gabrielsen From: DeselemKay [KayDeselem @colliergov.net] Sent: Thursday, July 06, 2006 4:00 PM To: Michael Levy; puig_i; seabasty i Cc: Brooke Gabrielsen Subject: Grey Oaks PUD amendment, pre app on 6/22/00 change in submittal requirements: 1) No unified control document will be required; and 2) The petitioner must provide a survey for the Naples Grande area where the change is proposed that is no more than 6 month old; a survey of the entire project can be provided that is older. Kay Deselem, AICP, Principal Planner Dept of Zoning G Land Development Review Collier County Government 2800 N. Horseshoe Drive Naples, FL 34104 Phone: 239- 213 -2931 Fax: 239 -643 -6968 711912006 Grey Oaks PUD Amendment Architectural Rendering Waiver Request Brooke Gabrielsen From: ScamehornKeith [keithscamehorn @colliergov.net] Sent: Wednesday, July 19, 2006 3:01 PM To: Brooke Gabrielsen Subject: RE: Grey Oaks PUD Amendment Architectural Rendering Waiver Request the color rendering is not required for the pud amendment a color rendering or color elevation is required for the sdp submittal thank you Keith Scamehorn RA AIA Urban Design Planner keithscamehorn@colliergov.net 213 -2983 (fax 643 -6968) Department of Zoning and Land Development Review Collier County Community Development and Environmental Services From: Brooke Gabrielsen [ mailto: BrookeGabrielsen @wilsonmiller.com] Sent: Wednesday, July 19, 2006 1:48 PM To: ScamehornKeith Subject: Grey Oaks PUD Amendment Architectural Rendering Waiver Request Keith, AgendaPlW 141d01 �D April 24, 2007 rage 01 VI 156 I am getting ready to submit a PUD Amendment for the Naples Grande portion of the Grey Oaks PUD, I just noticed on the Pre -App notes that I should contact you to find out whether I will need an architectural rendering or not. I would like to respectfully request that requirement be waived, because no rendering is available at this time, and no site development plan has been submitted. If that is satisfactory for you, please reply to this email letting me know. If you have any questions, please call me. Thank you very much for your time and assistance! Brooke C. Gabrielsen Planner Phone: 239.649.4040 ext. 7107 Fax: 239.263.6491 WilsonMillencom Confidentiality Notice: This e-mail is for the sole use of the recipient(s). Any unauthorized review, use, disclosure or distribution is prohibited. 7/19/2006 F.k HT_RT�T D.A.2 t � FLORIDA DEPARTMENT OF STATE Jim Smith Secretary of State DIVISION OF HISTORICAL RESOURCES R.A. Gray Building Tallahassee, Florida 32399 -0250 (904) 488 -1480 March 13, 1989 Barbara Henderson Cawley Wilson, Miller, Barton, Soll & Peek, Inc. 1383 Airport - Pulling Road North Naples, Florida 33942 -9986 RE: Our Letter of February 16, 1989 Cultural Resources Survey Request Halstatt Development of Regional Impact Collier County, Florida Dear Ms. Cawley: Agenda Item No. 17D April 24, 2007 Page 62 of 156 In Reply Refer To: Susan M. Henefield Historic Sites Specialist (904) 487 -2333 Project File No. 890222B On the basis of recent, low level aerial photographs supplied by W. Ross McWilliams, environmental consultant, this agency wishes to withdraw its recommendation of February 16, 1989 that the above referenced project be subjected to a professional archaeological and historical survey. Mr. MWilliams has provided this agency with information indicating that the proposed project will have no effect on an sites listed, or eligible for listing, in the National Register of Historic Places, or otherwise of national, state, regional, or local significance. The project may proceed without further involvement with this agency. If you have any questions concerning our co¢ments, please do not hesitate to contact us. Your interest and cooperation in helping to protect Florida's archaeological and historical resources are appreciated. Sincerely, George W. Percy, Director GWP/snh 'Division of Historical Resources xc: Dan Trescott and State Historic Preservation Officer E19.A.2 - 1 Archaeological Research Florida Fo4lklife Programs Historic 487-2333 enervtion 19041487 -2299 Museum of Florida History (9041 488 -1484 FIBIT 19.A.1 Agenda Item No. 17D April 24, 2007 Q Payer 63 or � JG Z�'Ud WILSON • MILLER • BARTON • BOLL & PEEK, INC. .o a ENGINEERS PLANNERS SURVEYORS 1383 AIRPORT -PL LING ROAD NORTH. NAPLES. FLDRIOA 33942 -aces (8131 643-45545 I January 25, 1989 Mr. George W. Percy, Chief Bureau of Historic Sites & Properties Florida Department of State The Capitol Tallahassee, Florida 32301 Dear Mr. Percy: This letter requests a search of your files to determine. whether there are any recorded archeological sites on the property described below and shown on the attached site plan. Sections 24, 25, and 26, Township 49 South, Range 26 East, Collier County, Florida. The subject property is generally located on the northwest, northeast and southeast corners of Airport Road and Golden Gate Parkway in Collier County. We are presently completing our analysis for the Halstatt DRI and your assistance will be very helpful. Sincerely yours, WILSON, MILLER, BARTON, SOLL & PEEK, INC. Barbara Henderson Cawley Government Liaison BHC:ln: #7421 Enclosure/ cc: Mark Morton w /enclosure Pete McDonough w /enclosure Deborah Getzoff w /enclosure George Varnadoe w /enclosure Bob Furlong w /enclosure E19.A.1 - 1 %wYMOWO w. M{,L @P. Py.. wlyyM L OCRTpN, P.E.. TMpMAy 0. PCIK. Pl.. P.LB • wl.Dt/1 M G� Py W • C "-OM K 80�E.IOE0. P.E. wffr.unn.wv G PgATT. PL. PL8 . CN'i, w. EOLL. Pld. PlPIN1.V A. OWZ. PC • .A1N 1. OtXrr lI.L Ply • GARY L. OA . CPA. .a < O. PEYMXOS. A!CP Fart MYl PQ. 16131 337 <e11 Development and Environmental Services 2800 North Horseshoe Drive Naples, FL 34104 RE: Grey Oaks (Halstatt) DR[ PUD Amendment Application Dear Ms. Deselem, On behalf of our client, Naples Grande Holdings, LLC, WilsonMiller is submitting the applications for a PUD Amendment for the Grey Oaks (Halstatt) DR[ and PUD. We have requested a waiver for submitting an EIS given that the project is virtually built -out and the remaining portion available for development contains no wetlands. The request, along with supporting documentation, is enclosed. We are also requesting a waiver for submitting a Historical Survey given the built -out nature of the project and the fact that the previous survey did not indicate the likely presence of historic artifacts. This request, along with supporting documentation is also included. Last year an application for similar action was filed with the County and the application was subsequently withdrawn. We discussed that all of the DRI /NOPC review fees and some of the PUD review fees should remain and be applied to this application. We are submitting a check for the full review fees at this time and Susan Murray, in a phone message dated July 21, 2006, has promised to look into refunding as much of that as is possible. Please let Brooke Gabrielsen know if any additional information is required. Sincerely, WilsonMiller, Inc. f'V Bruce E. Tyson, AICP, RLA Senior Project Manager Offices strategically located to serve our clients 800.649.4336 NapieslCurpomte Office 3200 Bailey Lane, Suite 200 • Naples, Florida 34105 , 239 649 4040 • Fax 239.643.5716 wilsonmiller com WilsonM111eLlnc. — R. Llc./ LC- C000170 PLANNED UNIT DEVELOPMENT DOCUMENT FOR GREY OAKS PREPARED BY: A 6703; IN - - ., " Exhibit A" (Revised 4111107) Agenda Item No. 17D April 24, 2007 Page w of _iou DATE FILED DATE APPROVED BY BCC ORDINANCE NUMBER 90 -48 AMENDED BY ORDINANCE 97-45 AMENDED BY ORDINANCE 98 -94 AMENDED BY ORDINANCE 00 -46 AMENDED BY ORDINANCE INDEX List of Maps, Exhibits, and Tables Statement of Compliance and Short Title SECTION I Property Ownership and Legal Description SECTION II Project Development SECTION III Residential SECTION IV Golf Course/Recreation/Park/Right-of-Way SECTION V Conservation /Open Space SECTION VI Commercial SECTION VII General Development Commitments (Revised 4111107) 2 PAGE IV 4-46 3-1-18 4-1-23 4426 6-1-28 7-433 Agenda Item No. 17D April 24, 2007 Page 66 of 156 Agenda Item No. 17D April 24, 2007 Page 6I of 156 LIST OF MAPS AND TABLES MAPS .A. l-QGatiGR Map H - 1 PUD Master Plan: Map "W 1" E-1 Native Vegetation within Grey Oaks EE =2 Native Vegetation — North Area of Northeast Quadrant E-3 Native Vegetation — Northwest Quadrant EE =4 Native Vegetation — Southeast Quadrant and Southern Area of Northeast Quadrant TABLES TABLE I Land Use Summary TABLE II Project Absorption Schedule Estimate TABLE III Development Standards (Revised 4111107) 3 Agenda Item No. 17D April 24, 2007 Page 68 of 156 STATEMENT OF COMPLIANCE It is the intent of the Halstatt Partnership, A Florida General Partnership to create a Mixed Use Planned Unit Development (MPUD) to be known as Grey Oaks Planned Unit Development, on 1,601.39 acres of land located in Section 24, and 25, Township 49 South, Range 25 East, Collier County, Florida, and Section 26, Township 49 South, Range 25 East, City of Naples, Florida. The residential, recreational and commercial facilities of THE GREY OAKS DRI /PUD are consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of the City of Naples and Collier County for the following reasons: 1) The subject property is located within the City and County Urban service areas and there are adequate available community facilities and services to support the proposed residential density and commercial intensity. 2) The City of Naples made a determination that the part of Grey Oaks in the City is consistent with the goals, objectives and policies of the Comprehensive Plan and land development regulations adopted by the City. 3) With regard to that part of Grey Oaks within the County a) The project development is compatible and complementary to the surrounding land uses and future uses allowed by the Future Land Use Element. b) Improvements are planned to be in 6�staatia4 compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. c) The project development will result in an efficient and economical extension of community facilities and services as required by Policies 3.1.GH and 3.1.J. of the Future Land Use Element. d) The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. e) The projected density of less than two (2) dwelling units per acre is less than that allowed under the Future Land Use Element since the project includes three (3) quadrants of an Activity Center and a density band. This project density of 1.11 dwelling units per acre. (Revised 4111107) Agenda Item No. 17D April 24, 2007 Faye QJ Of �u f) The subject project occupies the northwest, southeast and northeast quadrants of the Activity Center located at the intersection of Airport and Golden Gate Parkway. This strategic location allows the site superior access for the placement of commercial activities. g) The project includes extensive open spaces in the form of golf courses and incorporates natural features to provide a high quality of life for its residents. SHORT TITLE This ordinance shall be known and cited as the "GREY OAKS Mixed Use Planned Unit Development Ordinance ". (Revised 4111107) 5 SECTION I PROPERTY OWNERSHIP & LEGAL DESCRIPTION 1.01 PROPERTY OWNERSHIP The Northeast quadrant is currently owned by: a) Grey Oaks Country Clu b) LDG South LLC, 5692 C) Individual Landowners. The Southeast quadrant is currently owned by: a) b) C) Agenda Item No. 17D April 24, 2007 Page 70 of 156 The Northwest quadrant is currently owned by: a) b) C) d) 1.02 LEGAL DESCRIPTION All that part of Section 24, Township 49 South, Range 25 East, Collier County, Florida, lying easterly of that 100 foot canal right-of-way as described in O.R. Book 154, page 6, Public Records of Collier County, Florida; ALSO All that part of Section 25, Township 49 South, Range 25 East, Collier County, Florida, lying easterly of that 100 foot canal right-of-way as described in O.R. Book 154, page 6, O.R. Book 873, page 1879 and O.R. Book 873, page 1882, all of the Public Records of Collier County, Florida; _ _ ALSO LESS those lands described in O.R. Book 194, page 603 and O.R. Book 640, page 229, Public Records of Collier County, Florida, (Revised 4111107) ALSO M Agenda Item No. 17D April 24, 2007 F'Pg, (l Vr1ou All that part of Section 26, Township 49 South, Range 25 East, Collier County, Florida, lying westerly of Airport- Pulling Road (C -31) and northerly of Golden Gate Parkway (C- 886) located within the City of Naples; LESS that portion thereof as described in O.R. Book 539, page 370, Public Records of Collier County, Florida; above property subject to easements and restrictions of record; containing 1,601.39 net acres more or less. (Revised 4111107) SECTION II PROJECT DEVELOPMENT 2.01 PURPOSE Agenda Item No. 17D April 24, 2007 Page 72 of 156 The purpose of this Section is to generally describe the plan of the development and delineate the general conditions that will apply to the project. 2.02 INTRODUCTION Grey Oaks is a 1,601.39 acre mixed use residential development and golf course community with a "town center ", and other retail and office development located in Collier County. The property is generally located in the northwest, northeast, and southeast quadrants of the intersection of Airport Road and Golden Gate Parkway. The property is bounded on the east by Livingston Road; on the south by the Golden Gate Canal; on the west by the Gordon River Watershed; and on the north by the Coach House Land Residential Properties in the west quadrant, and the World Tennis Center in the northeast quadrant. The northwest quadrant of the property is in the incorporated City of Naples and constitutes approximately 354 of the 1,601.39 acres. The remainder of the property is located in the unincorporated area of Collier County. The project is of a size to be a Development of Regional Impact (DRI) and an Application for Development Approval (ADA) has been filed pursuant to Chapter 380.06, Florida Statutes (1988). Because the City and County recognize that the project has been planned and will be developed as a unified integrated community, the City and County have agreed that a single local government (Collier County) should have the responsibility for reviewing the planned development and issuing a Development Order pursuant to Section 380.06, Florida Statutes and for adopting the zoning (MPUD Ordinance) for the entire project, including that portion that lies with the City of Naples. In furtherance of the goal of having one entity review the proposed project and adopt a zoning ordinance (MPUD) and Development Order for the project, the developer and the City of Naples have entered into a DEVELOPMENT AGREEMENT and the City of Naples and Collier County have entered into an "INTERLOCAL GOVERNMENT AGREEMENT' with regard to the project. The DEVELOPMENT AGREEMENT sets forth the maximum intensities of land uses for the property within the City and provides that the City agrees to accept and adopt (if appropriate) any Development Order and MPUD zoning issued by the County that does not exceed the intensities of land uses set forth in said DEVELOPMENT AGREEMENT. This DEVELOPMENT AGREEMENT allows the County to review the proposed project as a single integrated planned community and approve a single set of development standards for the entire project by adopting a single PUD Ordinance and Development Order for the project. (Revised 4111107) Agenda Item No. 17D April 24, 2007 Page 73 of 156 The INTERLOCAL GOVERNMENT AGREEMENT between the City of Naples and the County of Collier incorporates said DEVELOPMENT AGREEMENT and further provides that the City and County agree that the County shall conduct the rezoning and DRI review for the entire 1,601.39 acre project, including that portion of the project within the jurisdiction of the City of Naples. A copy of the INTERLOCAL GOVERNMENT AGREEMENT and the DEVELOPMENT AGREEMENT are made a part of this MPUD by reference thereto. The County, City and the Developer have all agreed that the 354 acres within the jurisdiction of the City is an integral part of the overall Grey Oaks DRI Community and it is therefore, essential to the viability of the planned community that the MPUD and DRI plan approved by Collier County be in effect and remain in effect for the entirety of the project and not just the portion of the project lying within the jurisdiction of the County of Collier. 2.03 LAND USES Table I is a schedule of the intended land uses types, with total dwelling units, acreage, and total square feet commercial indicated. The arrangement of these land use types is shown on Map H -1, Planned Unit Development Master Plan. Changes and variations in design and acreages shall be permitted during each subdivision phase at final design to accommodate topography, vegetation, and other site conditions. The final size of the recreation and open space lands will depend on the actual requirements for conservation areas, water management, golf course layout, roadway pattern, and dwelling unit size and configuration. At the time of Subdivision review and approval for each subdivision phase, the location, size and configuration of land use tracts shall be identified, along with the assignment of permitted residential or commercial land use types. The assignment of maximum allowed residential density and /or commercial gross leasable floor area shall also occur at the time of subdivision review and approval. If the maximum allowed residential density or commercial gross leasable area is not fully used within that subdivision phase of the project the unused remainder may be assigned to another phase(s) of the project. Final determination of the total multi - family residential or commercial use shall be determined at time of &site &development i221an approval. For each succeeding subdivision and /or &site &development R21an, a table shall be included which summarizes the total dwelling units and commercial floor area that has been previously assigned and total assigned for the pending approval, in order to facilitate the County's monitoring of the project. (Revised 4111107) Agenda Item No. 17D April 24, 2007 Page 74 of 156 2.04 PROJECT DENSITY The total acreage of Grey Oaks Mixed Use Planned Unit Development is approximately 1,601.39 acres. The maximum number of dwelling units to be built on the total acreage is 44W1 775. The number of dwelling units per gross acre is approximately 1.W 1. The density on individual parcels of land throughout the project will vary according to the type of housing placed on each parcel of land but shall comply with guidelines established in this document. 2.05 PERMITTED VARIATIONS OF DWELLING UNITS All properties designated for residential uses may be developed at the maximum number of dwelling units allocated, provided that the total number of dwelling units shall not exceed 4-#089 775. Table I identifies the maximum units by project quadrant. 2.06 DEVELOPMENT SEQUENCE AND SCHEDULES The developer will commence the project within the northeast quadrant. Within each quadrant, the amount and location of each subsequent development area will be dictated by logical and economical development constraints and by market demand. Table II indicates, by project year, the estimated absorption of units, and commercial square footage. The absorption schedule is an estimate and not guaranteed. Actual absorption rates are governed by market demand. 2.07 EASEMENTS FOR UTILITIES All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in sabstaatlal compliance with applicable regulations in effect at the time of development. 2.08 COLLIER COUNTY AND CITY OF NAPLES SUBDIVISION APPROVAL The review and approval of subdivision master plans and construction plans shall follow the design and development standards of the Collier County Ordinances regulating subdivisions in effect at the time of development; and shall be reviewed and approved in accordance with the procedures set forth by Collier County for that portion of the project under County jurisdiction. The intent and effect of this Section is to have a single set of substantive standards apply to subdivision master plans to the location of the particular property in question, but to allow each local government to apply its procedural process for approval of said plans. The developer reserves the right to request exceptions and modifications to the standards set forth in applicable regulations. Where this document makes reference to a specific type of subdivision approval (e.g. Subdivisio ster Plan l Collier Approval or platting) this reference shall be construed to mean the applicable County procedure or approval in effect at the time of development. (Revised 4111107) 10 Agenda Item No. 17D April 24, 2007 Page 75 of 156 2.09 LAKE SITING As depicted on the MPUD Master Plan, lakes and natural retention areas have been sited adjacent to existing and planned roadways, property lines, and throughout the golf course. The goal is to achieve an overall aesthetic character for the project, to permit optimum use of the land, provide buffering to uses within and surrounding the project, protect native vegetation, and to increase the efficiency of the water management network. Accordingly, the requirements described in pplicable Count v ordinances, may be reduced subject to the approval of the County Engineer at the time of Subdivision and /or €excavation permit approval. Fill material from lakes is planned to be utilized within the project, however excess fill material, not to exceed 10% or maximum 20,000 cubic yards may be utilized off -site, subject to the provisions of the Collier County excavation ordinance in effect at the time of development. Removal of fill material in excess of 10% of total or 20,000 cubic yards Faust shall meet the requirements of commercial excavation per applicable County ordinances. Final lake area determination shall be in accordance with the South Florida Water Management District stormwater criteria and pplicable Countv ordinances. 2.10 DEDICATION AND MAINTENANCE OF FACILITIES Roads and other infrastructure may be either public or private, depending on location, capacity, and design. The Ddeveloper shall create appropriate homeowner and /or condominium associations or identify other entities which will be responsible for maintaining the roads, streets, drainage, water and sewer improvements where such systems are not dedicated to the County or City. Standards for roads shall be in compliance with the applicable provisions of Collier County 92rdinances regulating subdivisions, unless otherwise approved as an exception during Ssubdivision A2pproval. 2.11 SITE DEVELOPMENT PLAN APPROVAL The provisions of the LDC shall apply to the development of platted tracts or parcels of land as provided in said Sestkw -34the LDC prior to the issuance of a building permit or other development order. Approval of commercial tracts in the City of Naples jurisdiction shall follow the General Development and Site Plan (GDSP) process. 2.12 MODEL HOMES AND MODEL UNITS Model Homes and units shall be permitted within this project subject to the following provisions: a) Models may be constructed prior to approval of a plat. (Revised 4111107) 11 Agenda Item No. 17D April 24, 2007 Page 76 of 156 b) Models may be permitted as "dry models" and a4u&tshall obtain a conditional certificate of occupancy for model purposes only. Models may not be permanently occupied until a permanent certificate of occupancy is issued. c) Models may not be utilized as "sales 9offices" without approval by and through the Ssite 9development Rplan process. The &DRsite development plan process shall not be required for dry models pursuant to this Section. d) Prior to recordedino of anv plats, metes and bounds legal descriptions shall be provided to and accepted by Collier County as sufficient for building permit issuance. Said metes and bounds legal descriptions m. shall Faetmeet proposed plat configurations and all models constructed pursuant hereto shall conform to applicable minimum square footages, setbacks, and the like as set forth herein. e) Temporary access and utility easements may be provided in lieu of dedicated rights - of -ways for temporary service to model homes or units. f) Sales, marketing, and administrative functions aFeshall be permitted to occur in designated model homes or units within the project only as provided herein. 2.13 CONSTRUCTION DEVELOPMENT STANDARDS The standards for the construction of all project infrastructure, such as, but not limited to roads, utilities, wastewater treatment, water management facilities, and other site improvements such as but not limited to clearing, grading, excavation, landscaping and all similar types of site improvements, except for habitable buildings and structures, shall meet the minimum standards set forth by Collier County in the applicable ordinance or regulation in effect at time of development. City of Naples construction standards shall be used for water and sewer systems under GCity jurisdiction. The procedures for the review and approval of project infrastructure and site improvements shall be that process in effect at the time of review and approval in accordance with the City of Naples regulations for that part of the project within City jurisdiction, and Collier County regulations for that part of the project within County jurisdiction. The standards and development permit procedures for all habitable structures shall be in accordance with the appropriate City or County jurisdiction's requirements in effect at the time of building permit application. 2.14 SALES CENTERS a) "Sales Centers" may be constructed prior to recording of a plat. "Sales Centers" may be servicesd by a temporary utility system (i.e. dry well and septic tank/drainfield) prior to availability of central utility systems at which time connection to the central system will be made. Interim fire protection facilities, in accordance with NFPA (Revised 4/11/07) 12 Agenda Item No. 17D April 24, 2007 Page 77 of 156 requirements or as approved by the appropriate fire district afashall be required unless a permanent water system is available to serve the Center. b) Review and approval of "Sales Centers" shall follow the requirements of the Ssite 8development Rplan process — Cede)of the LDC or whatever approval procedure is in effect at that time. A metes and bounds legal description shall be provided as part of the application. Access to the "Sales Center' shall be provided by a paved road or temporary driveway which meets applicable County standards as determined by the County Engineer. A water management plan m4stshall be provided which accommodates the runoff from the "Sales Center", the required parking and access road /driveway and any other impervious surfaces. The system shall be designed to fit in with the master water management system for the entire development. C) At the time of building permit application for a "Sales Center" a temporary use permit shall be obtained. "Sales Centers" may not be occupied until a Ccertificate of 92ccupancy is issued. Models mustshall obtain a conditional Ccertificate of 92ccupancy for model purposes only. Models may not be occupied until a permanent Ccertificate of 9occupancy is issued. 2.15 IMPACT FEES Development within the project shall be subject to all lawfully adopted impact fees in effect at the time of development. 2.16 DEVIATIONS* 13 (Revised 4111107) 13 R- C. a Agenda Item No. 17D April 24, 2007 Page 78 of 156 sac. * Deviations apply to Southeast Quadrant only. 2.17 GENERAL (Revised 4111/07) 14 Agenda Item No. 17D April 24, 2007 Page 79 of 156 THE GREY OAKS PUD TABLE LAND USE SUMMARY Northeast and Southeast Ounrirnnts /Cnmar .wuuiaaar vuauidnts totals ra.3b acres. (See attached Drawings E -1 through E-4 for locations) Northwest Quadrant (City of Naples) AMOUNT ACREAGE Residential units 4,1 a 6 d t4A 311 D.U. 34&9 4- 332.06 Ac. Commercial (Total) 1,203,091 S.F. 70.4 + / -Ac. Office (gross floor area) 593,453 S.F. Retail (gross leasable area) 609,638 S.F. Hotel 2490 Rooms 20 9 +1 0 Ac. Golf Course /Recreation/ 18 Holes 489 4107.4 +/- Ac. Park/Right of Way 54 Holes 698- 32-+-4614.31 Ac. SeasewatieaFLake/ 431. 176_04 +/_ Ac. Water Management 23�7-225.41 Ac. Conservation 5.32 Ac. Sub -Total 1,247.45 Ac. Note: Native Vegetation Presonia In Northe . -A 0- ... ___. . 354,8353.89 Ac. .wuuiaaar vuauidnts totals ra.3b acres. (See attached Drawings E -1 through E-4 for locations) Northwest Quadrant (City of Naples) (See attached Drawings E- 1 through E 4 for locations) ' sues Note: All acreages are digitized approximate acreages and are subject to change and variation. Note: The Northeast Quadrant shall have a total commercial /office square footage of 1,203,091 S.F. (Revised 4111107) 15 AMOUNT ACREAGE Residential units 464 d.u. 488 - 9100.71 +/_ Ac. Commercial (Total) 100,000 S.F. 14.4 +/_ Ac. Office (gross floor area) 60,000 S.F. Retail (gross leasable area) 40,000 S.F. Golf Course /Recreation/ Park/Right -of- Way 18 Holes 489 4107.4 +/- Ac. SeaseaatieaFLake/ Water Marta ement 431. 176_04 +/_ Ac. Conservation 55.34 +/_ Ac. Sub -Total 354,8353.89 Ac. Note: Native Vegetation Preserve in Nnr}huiac n .......,. •_a_i_ .- (See attached Drawings E- 1 through E 4 for locations) ' sues Note: All acreages are digitized approximate acreages and are subject to change and variation. Note: The Northeast Quadrant shall have a total commercial /office square footage of 1,203,091 S.F. (Revised 4111107) 15 R r Agenda Item No. 17D April 24, 2007 Page 80 of 156 THE GREY OAKS PUD TABLE II PROJECT ABSORPTION SCHEDULE ESTIMATE PROJECT YEAR 1 -6 (1989 -1995) Land Use No. Hotel Square t' Units Rooms Feet Designa ion Residential 94 Commercial (GLA) and Office (GFA) 0 Hotel 0 Golf Course* 1 * Golf Course 18 holes with phased club facilities PROJECT YEAR 7 -13 (1996 -2001) CUMULATIVE Land Use No. Hotel Square Designation Units Rooms Feet fCL Residential 963 Commercial (GLA) and Office (GFA) 500,000 WQtel 259 Golf Course* 3 * Gold Course = 54 holes with phased club facilities (Second golf course may be constructed prior to project year 7, and may be built in 9 -hole increments, club facilities may be built in phases to coincide with the golf course construction). (Revised 4/11/07) 16 Agenda Item No. 17D April 24, 2007 Page 81 of 156 TABLE II (Continued) PROJECT ABSORPTION SCHEDULE ESTIMATES Golf Course' Golf Course = 72 holes with full club facilities (3rd golf course may be constructed after year 14, and may be built in 9 -hole increments, club facilities may be built in phases to coincide with the golf course construction). Project years shall be adjusted to correspond with the commencement of development. The above development program outlines multi -use categories which will be assigned to the various development pods shown on Map H -1. These land use categories will allow for a true mixed use development to occur and allow the "Bdeveloper" to respond to an ever changing market over the next 20 years with an anticipated buildout at year 2010. The absorption schedule assumes that buildout of the residential, town center and majority of the office an commercial may occur in the first 12 years. (Revised 4111107) 17 PROJECT YEAR 14 -20 CUMULATIVE Land Use No. Hotel Square Designation Units Rooms Feet (GLA) Residential 46961775 Commercial (GLA) and Office (GFA) 1,303,091 Hetal 256 Golf Course' Golf Course = 72 holes with full club facilities (3rd golf course may be constructed after year 14, and may be built in 9 -hole increments, club facilities may be built in phases to coincide with the golf course construction). Project years shall be adjusted to correspond with the commencement of development. The above development program outlines multi -use categories which will be assigned to the various development pods shown on Map H -1. These land use categories will allow for a true mixed use development to occur and allow the "Bdeveloper" to respond to an ever changing market over the next 20 years with an anticipated buildout at year 2010. The absorption schedule assumes that buildout of the residential, town center and majority of the office an commercial may occur in the first 12 years. (Revised 4111107) 17 SECTION III RESIDENTIAL LAND USE 3.01 PURPOSE Agenda Item No. 17D April 24, 2007 Page 82 of 156 The purpose of this Section is to set forth the regulations for the areas designated on Map H -1, Planned Unit Development Master Plan, as "R" or Residential. 3.02 MAXIMUM DWELLING UNITS A maximum number of 4-#861 775 dwelling units may be constructed on lands designated as "R" or Residential. The 25 +/- acre parcel designated "R" on the MPUD Master Plan located on Livingston Road, south of Golden Gate Parkway may be devoted to Assisted Living Facilities at a = floor- to-Aarea Rratiow not to exceed .45. 3.03 GENERAL DESCRIPTION Areas designated as "R" or Residential on the Master Land Use Plan are designed to accommodate a full range of residential dwelling unit types. Approximate configurations of land use tracts have been indicated on the MP -U-D- a4Master Plan, in order to indicate relative size and distribution of the residential uses. These acreages are based on conceptual designs and must be considered to be approximate. Actual acreages of all development tracts will be provided at the time of platting. Residential tracts are designed to accommodate internal roadways. 3.04 PERMITTED PRINCIPAL USES AND STRUCTURES 1) Detached and attached single family homes, cluster homes, zero lot line homes, patio homes, town4e46esh2mes, multi - family dwellings, neighborhood recreational facilities, churches and other places of worship, and assisted living facilities. 2) Water management facilities; essential services (in accordance with SestiAR 2 6 the LDC). Lakes, including lakes with seawall and other types of architectural bank treatment. 3) Open space recreational activities, community parks, and similar uses, including but not limited to shuffleboard courts, tennis courts, swimming pools, boat docks and ramp, canoe launches, fishing piers, boat storage, beach gazebos, concession stands, health trails, bike paths and nature trails, observation platforms, boardwalks, playground, picnic areas and other types of facilities intended for outdoor recreation. 4) Any other use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals or the City Community Development Director determines to be compatible in the district. (Revised 4111107) 18 Agenda Item No. 17D April 24, 2007 Page 83 of 156 3.05 PERMITTED ACCESSORY USES AND STRUCTURES 1) Accessory uses and structures customarily associated with uses permitted in this dDistrict. 2) Essential services and facilities, as defined in the LDC. 3) Recreational facilities accessory to a residential structure. 4) Any other accessory uses or structures which are comparable in nature with the foregoing uses and which the oard of Zoning Appeals or the City Community Development Director determines to be compatible in the district. 3.06 DEVELOPMENT STANDARDS Table III sets forth the development standards for land uses within the "R" Residential District. Site development standards for categoryies 1, 2, and 3, uses apply to individual lot boundaries; standards for category 4 uses apply to platted development parcel boundaries. Front yard setbacks shall be measured as follows: 1) If the parcel is served by a City or County dedicated public right -of -way, setback is measured from the existing right -of -way line. 2) If the parcel is served by a private drive, setback is measured from back of curb or edge of pavement, whichever is closer to the structure. 3) Single family detached (Category 1 only) front setbacks shall be measured from the public or private road right -of -way line. Standards for parking, landscaping, signs, guard houses, entrance gates and other land uses not specified herein are teshall be in accordance with the Go4kep Seuaty LaadDeuelepraeat.Cede Code regulations in effect at the time permits are requested unless otherwise specified herein. Unless otherwise indicated, setback, heights, and floor area standards apply to principal structures. Development standards for residential uses not specifically set forth in Table III shall be established during subdivision Waster R21an or 4site development plan Aagpproval as set forth under Sections 2.03 and 2.11 of this dDocument. (Revised 4/11/07) 19 Agenda Item No. 17D April 24, 2007 Page 84 of 156 Setbacks and other buffer requirements from and along the north property line within the northwest quadrant adjacent to lots on Coach House Lane shall be as follows: a) One story single family structure: Principal — 25' Accessory — 15' b) One story multi - family or two story structure: Principal — 50' Accessory — 50' c) Two story structure greater than 30' in height: Principal — 75' Accessory — 75' d) Three story structure: Principal — 175' Accessory — 175' e) Four story structure: Principal — 400' Accessory — 400' f) Vehicular use areas, including garages and carports — 50' (measured to the structure or edge of pavement). g) A 15' wide, as measured perpendicular to said north border, and 25 foot high landscaped buffer shall be provided and maintained which is 80% opaque as measured in every and any 25 fees• by 25 foot section. The buffer shall be installed prior to construction of homes. h) The number of dwelling units per acre shall not exceed 7 units per net acre measured within a band of land 175 feet wide parallel to said north boundary. i) Principal building structures shall not include more than 4 dwelling units within 175 feet of said north boundary. *Two story setback is measured to the second story portion of the structure. One story portion is to be measured as a one story structure, if it is a single family structure. (Revised 4111107) 20 DEVELOPMENT STANDARDS "R" Residential Areas TABLE III PATIO, ZLL, OR SINGLE SINGLE TWO FAMILY FAMILY FAMILY ATTACHED/ DETACHED DETACHED OR DUPLEX CATEGORY 1 *4 MINIMUM SITE 9000 AREA SF /Lot SITE WIDTH 75' MIN.AVG. 101P SITE DEPTH 120' MIN. AVG. 100' FRONT YARD 25' SETBACK 2 SIDE YARD 7.5' SETBACK 15' REAR YARD 20' P SETBK PRINCIPAL 10' GC REAR YARD 101P SETBACK ACSRY. 0' GC MAX. BUILDING 100' HEIGHT STORIES 20' *1 ABOVE PARKING 2 DIST.BETWEEN 0' GC PRINCIPAL STIR. 15' FLOOR AREA 2 *4 3 *4 5000 35000 SF /Lot SF /Lot 50' 35' 100' 100' 20' 20' *1 5' Dora *6 minimum of 5' Agenda Item No. 17D April 24, 2007 Page 85 of 156 CLUSTER MULTI - FAMILY TOWN HOUSE 4 *4 1 AC 150' 150' 20'P 20'P 0' GC VILLAS 5 *4 *5 2500 SF /Lot 16' N/A 0' 15'P 15' P 20'P 10' P 10' GC 10' GC 0' GC 0' GC 10' P 10' P 10' P 10' P 0' GC 0' GC 0' GC 0' GC 2 2 6 *2 2 10' 0' or 5 *6 15' *3 -1 story 7' 25' *3- 2 -3 story 30' *3- 4 stories & higher MINIMUM (S.F.) 1200 1000 900 750 900 SITE DEPTH AVERAGE: Determined by dividing the site area by the site width. SITE WIDTH: The average distance between straight lines connecting front and rear parcel lines at each side of the site, measured as straight lines between the foremost points of the side parcel lines in the front (at the point of the intersection with the front parcel line) and the rearmost point of the parcel lines at the rear (point of intersection with the rear parcel line). May be reduced on cul -de -sac lots. (Revised 4111107) 21 Agenda Item No. 17D April 24, 2007 Page 86 of 156 P. Perimeter of Internal Sites GC = Golf Course, or Lake Front Sites *1 This setback may be reduced to 10' for side entry garage '2 Three story maximum within the City of Naples for less than 8 units per acre. Four story maximum within the City of Naples for 8 units per acre or greater. '3 or 1/2 the sum of the adjacent buildings, whichever is greater. The following sentence applies t Ulu lwu IIII MM.nwv v..,,.. . .,... *4 During the County approval process, tracts shall be designated and approved as a specific category. The approved specific category shall not be changed unless the entire tract is consistent with the new category. Any change from an approved category to another shall be accomplished as per 98GVGR the LOC. '5 In the context here used the term "villas" means development that occurs on a platted lot where the lots tend to form a clustered home siting scheme accessed by an irregularly shaped private roadway system. '6 For patio homes with less than a 5' foot side yard setback, the opposite side setback shall be sufficient so that the combined setbacks equal 10' feet. Once the first building, on the side of a street utilizing this product type is permitted, all subsequent buildings A,444shall follow the pattern established by the first unit. For example, a 3' foot setback on one lot must be followed by a 7' foot setback on the next lot or vice versa. (Revised 4/11/07) 22 SECTION IV GOLF COURSE /RECREATION /PARK/RIGHT -OF -WAY 4.01 PURPOSE Agenda Item No. 17D April 24, 2007 Page 87 of 156 The purpose of this Section is to set forth the regulations for the areas designated on Map H -1 Planned Unit Development Master Plan as, golf course, clubhouse, driving range, paw right -of -ways; dedicated easements and utility corridors. 4.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part for other than the following: A. Permitted Principal Uses and Structures 1) GolfCourse(s) 2) Tennis Club and facilities 3) Water management facilities; essential services (in accordance with S;estieff the LDC). Lakes, of the GAIIi8F GGYRt�' Land including lakes with seawall and other types of architectural bank treatment. 4) Open space recreational activities, community parks, and similar uses, including but not limited to shuffleboard courts, tennis courts, swimming pools, boat docks and ramp, canoe launches, fishing piers, boat storage, beach gazebos, concession stands, health trails, bike paths and nature trails, observation platforms, boardwalks, playground, picnic areas and other types of facilities intended for outdoor recreation. 5) Community center /clubhouse(s). 6) Storage, maintenance yards, and landscaping nurseries within FP &L easements, rightsof -ways, and open space. Subject to approval of the persons or entities in whose favor the easement or right -of -way runs. 7) Project Information and Sales Center. 8) Any other use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals or the City Community Development Director determines to be compatible in the district. (Revised 4111107) 23 Agenda Item No. 17D April 24, 2007 Page 88 of 156 B. Permitted Accessory Uses and Standards Accessory uses customarily associated with the principal uses permitted in this district including but not limited to: 1) Pro -shop, practice driving range, cart barn and other customary accessory uses of golf courses, or other recreational facilities, including maintenance area, and pump houses, golf courses rain shelters, restrooms, and snack bars. 2) Small commercial establishments, including gift shops, golf and tennis equipment sales, restaurants, cocktail lounges, and similar uses intended to serve patrons of the golf course or other permitted recreational facilities, subject to the provisions of the applicable supplementary district regulations of the Land Development Code of Collier County. 3) Vehicle wash facility. 4.03 DEVELOPMENT STANDARDS 1) Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. 2) Buildings shall be set back a minimum of ten (10') feet from parcel boundaries, except for common boundaries between golf course, recreation and park uses, and water management facilities, in which case the setback is zero (4-0) feet. 3) Maximum height of structures: Fifty (50;D feet, unless abutting a residentially zoned parcel, then thirty five (35') feet. 4) Minimum distance between principal buildings: Five (5') feet — 1 and 2 story buildings that are a part of an architecturally unified grouping of structures. Ten (10') feet — 1 story. Twenty (20') feet — 2 story. 5) Setback for structures from parcel boundaries abutting residential areas: Twenty (20') feet — principal structures. (Revised 4111107) 24 Agenda Item No. 17D April 24, 2007 Page 89 of 156 Ten (10') feet —accessory structures. 6) Parking for the community center /clubhouse shall be one space per every two hundred (200) square feet of gross floor area, which shall be considered inclusive of required golf course parking. 7) Standards for parking, landscaping, signs, guard houses, entrance gates and other land uses not specified herein are to be in accordance with Collier County Land Development Code regulations in effect at the time permits are requested unless otherwise specified herein. Unless otherwise indicated, setback, heights, and floor area standards apply to principal structures. 8) A 101 foot wide combination berm, landscaping, and wall buffer shall be provided along the south side of the FPL easement paralleling Golden Gate Parkway within the northwest quadrant adjacent to golf course and residential uses. The berm shall be no higher than 2' feet and the wall no higher than 8' feet. Landscaping shall be placed in front of the wall screening a minimum of 501/6 of the wall. An additional 10' foot landscape buffer shall be placed along the north edge of the FPL easement where said easement abuts golf course or residential uses. Golf course is allowed within the 10' foot wide buffer. (Revised 4111107) 25 SECTION V CONSERVATION AND OPEN SPACE AREAS 5.01 PURPOSE Agenda Item No. 17D April 24, 2007 Page 90 of 156 The purpose of this Section is to set forth the regulations for areas designated on Map H -1 as conservation and open space. 5.02A PERMITTED USES AND STRUCTURES — CONSERVATION AREAS No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: 1) Passive recreational areas, boardwalks, observation platforms. 2) Biking, hiking, health and nature trails, canoe launches, golf cart paths. 3) Water management facilities, roadway crossings and utility crossings. 4) Lighting and signage. 5) Any other activity or use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals or the City sCommunity Development Director determines to be compatible with the intent of this district. 5.02B PERMITTED USES AND STRUCTURES — OPEN SPACE AREAS No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: 1) Parks, passive recreational areas, boardwalks, observation platforms. 2) Biking, hiking, health and nature trails, boat docks, fishing piers, canoe launches, boat storage, golf cart paths. 3) Equestrian paths. 4) Water management facilities and lakes, as approved by the South Florida Water Management District, roadway crossings and utility crossings. 5) Recreational shelters, active park facilities, and restrooms, off street parking, lighting and signage. Revised 4111107) 26 Agenda Item No. 17D April 24, 2007 Page 91 of 156 6) Any other activity or use which is comparable in nature with the foregoing uses and which the Board of Zoning Aooeals or the City Community Development Director determines to be compatible with the intent of this district. 5.03 DEVELOPMENT STANDARDS 1) Overall site design shall be harmonious with the area's natural characteristics. 2) All work proposed in wetland areas designated on the Master Plan shall be reviewed and approved by the Collier County eEnvironmental sStaff and appropriate county, state or federal regulatory or jurisdictional agency prior to the commencement of any such activity. 3) The County may request copies of permits from all appropriate regulatory agencies or jurisdictional agency prior to construction plan approval. Conservation areas arashall be subject to jurisdictional agencies review and listed usages do not guarantee that those usages will be approved. 4) Standards for parking, landscaping, signs, guard houses, entrance gates and other land uses not specified herein are to be in accordance with Collier County Land Development Code regulations in effect at the time permits are requested unless otherwise specified herein. (Revised 4111107) 27 SECTION VI COMMERCIAL 6.01 PURPOSE Agenda Item No. 17D April 24, 2007 Page 92 of 156 The purpose of this section is to set forth the regulation for the area designated on Map H -1 MPUD Master Plan, as "C" Commercial "O /C" Office Commercial, kletE; "O" Office, and "Town Center ". These are areas located within a designated activity center, therefore permitted uses for these tracts are intended to be inclusive of all types allowed by the City of Naples and the Collier Land DeVaIGPFRARt Co_ unty LDC. 6.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: 1) Permitted Principal Uses and Structures for C, O /C, G4k-T and Town Center Tracts: a) Antique shops; appliance stores; art studios,,, art supply shops; automobile parts stores; automobile service stations without repairs awning shops. b) Bakery shops including baking; bait and tackle shops *2; banks and financial institutions, including drive -in windows; barber and beauty shops; bath supply stores; bicycle sales and services; blueprint shops; bookbinder; book stores; business machine services; business offices, building maintenance services and building supplies. c) Cabinet shops, canteen services, building maintenance services, building supplies, carpet and floor covering sales — which may include storage and installation; car wash; child care centers; churches and other places of worship (-See SestieR 2.6.10) 1; clothing stores; cocktail lounges (See Sestiea �9� *1; commercial schools; confectionery and candy stores, concessions and vendors; civic and cultural facilities colleges, universities and schools; convalescent centers and nursing homes; computer sales and services *2. d) Delicatessens; department stores; drug stores; dry cleaning, collecting and delivery; dry goods stores; drapery shops; department stores. e) Electrical supply stores; express office; employment agencies; equipment rentals repair and sales including lawn mowers and power saws. f) Farmers market *2, fish stores — retail only; florist shops; fraternal and social clubs (See SestieR 2.64 Q) 1; food markets; furniture stores; furrier shops. (Revised 4111107) 28 Agenda Item No. 17D April 24, 2007 Page 93 of 156 g) Garden supply stores — outside display in side and rear yards *2; gift shops; glass and mirror sales — including storage and installation; gourmet shops; gunsmiths. h) Hardware stores; health food store; homes for the aged; hospitals and hospices; ; hobby supply stores. i) Ice cream stores, indoor commercial recreation, interior decorating showrooms. j) Jewelry stores. k) Laundries; laboratories, film research and testing; leather goods; luggage stores; linen supply shops; lithograph; laboratories; liquor stores; locksmiths; lakes and water bodies with seawalls and architectural bank treatments, or conventional lake banks. 1) Markets — food; markets — meat; medical offices and clinics; millinery shops; motion picture theaters; museums; music stores; mortgage brokers. m) New car dealerships — outside display permitted; news stores; night clubs *24499 Sesi+ea 2.6.10) *1. n) Office — general — business, and professional; office supply stores o) Paint and wall paper stores; post offices; pet shops; photographic equipment stores; pottery stores *2; printing *2; publishing and mimeograph service shops *2; private clubs *2 (See Sestien 2.6404*1; plumbing shops and supplies. p) Radio, television and appliance sales and services; radio stations (offices and studios), and auxiliary transmitters and receiving equipments, but not principal transmission tower; research design and development; real estate offices; rest homes; restaurants — including drive -in or fast food restaurants and full service (See Sest+en retail sales of used goods; all uses permitted in Section III and IV of this 4Document — subject to development standards identified in those Sections. q) Small scale retail sales other than shopping centers; shoe sales and repair; shopping centers 4See--Sesiiea �} *1; souvenir stores; stationery stores; supermarkets; sanatoriums; r) Tailor shops; taxidermists; tile sales — ceramic tile; tobacco shops; toy shops; tropical fish stores; telephone exchange shops; transportation, communication and utility offices. s) Variety stores; vehicle rentals, veterinarian offices and clinics — no outside kennels. (Revised 4111107) 29 Agenda Item No. 17D April 24, 2007 Page 94 of 156 t) Watch and precision instrument sales and repair shops. u) Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the P MaaagerBoard of Zoning Appeals or the City sCommunity Development Director determines to be compatible in the district. v) Any other commercial uses set forth in the City of Naples Development Agreement. 2) Permitted Uses and Structures for "O" (Office) Tracts: a) Art Studios b) Banks and financial institutions, including drive -in windows; book stores; business offices. C) Child care centers; churches and other places of worship (See S84GR 2:6-10); commercial schools; civic and cultural facilities; colleges, universities and schools. d) Express office; employment agencies. e) Fraternal and social clubs (See Sest+e+P 4.94`1. f) Homes for the aged; hospitals and hospices. g) Laboratories; lakes and water bodies with seawalls and architectural bank treatments, or conventional lake banks. h) Medical offices and clinics; mortgage brokers. i) Office —general —business, and professional; office supply stores. j) Private clubs-2 (See Seetiea 2 ate)• k) Radio stations (offices and studios, and auxiliary transmitters and receiving equipment, but not principal transmission tower); research design and development; real estate offices; all uses permitted in Section III and IV of this document — subject to development standards identified in those Sections. 1) Transportation, communication and utility offices. m) Veterinarian offices and clinics — no outside kennels. (Revised 4111107) 30 Agenda Item No. 17D April 24, 2007 page 95 of Ise n) Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Collier County Planning Services Manager or the City Community Development Director determines to be compatible in the district. 3) Permitted Accessory Uses and Structures; Accessory uses and structures customarily associated with the uses permitted in this district. a) Caretaker's residence (See 5esti *1, 6.03 Development Standards 1) Minimum Lot Area: Ten thousand (10,000) square feet. 2) Minimum Lot Width: One hundred feet (100') 3) Minimum Setback Requirements (Internal): a) Front setback — Twenty feet (20'). b) Side setback — None, or a minimum of five feet (5) with unobstructed passage from front to rear yard. c) Rear setback — Fifteen feet (16). d) Waterfront setback — Zero feet (0') to seawall, bulkhead, or rip rap, otherwise fifteen feet (15'). e) Parcels with two frontages may reduce one front setback by ten feet (10'). 4) Minimum setbacks and buffer from external rights -of -ways: a) Golden Gate Parkway — Fifty foot (50') setback, Twenty foot (20') landscape buffer. b) Airport Road and Livingston Road — Twenty foot (20') plus two feet (2') for every one foot (1') of building height; twenty foot (20') landscape buffer. 5) Maximum Height: Fifty (50) feet. 6) Minimum Floor Area of Structures: One thousand (1,0009 square feet per building on the ground floor. Kiosk vendors, concessions, and temporary or mobile sales structures are permitted to have a minimum structure of twenty -five (25) square feet, and are not bound by setback requirements. (Revised 4111107) 31 Agenda Item No. 17D April 24, 2007 Page 96 of 156 7) Maximum Floor Area Ratiows (FAR) for eCommercial Uses: Based on gross leaseable floor area (GLFA) and acreage. Retail: .30 Project total 649,638 GLFA Office: .35 Project total 653,453 Gross Floor Area 8) , Distance Between Structures: Same as for side yard setback. 9) Standards for parking, landscaping, signs, guard houses, entrance gates and other land uses not specified herein are to be in accordance with Collier County Land Development Code regulations in effect at the time permits are requested unless otherwise specified herein. Unless otherwise indicated, setback, heights, and floor area standards apply to principal structures. A twenty -five (25) foot landscape strip of land shall be provided along all arterial road commercial frontages. 11) The public internal loop road in the Northeast quadrant shall be constructed in accordance with Collier County standards. L21 An 8' foot high wall may be installed on grade, on a landscape berm, on golf course mounding, or on driving range mounding, within a residential, golf course, club, golf facility, or commercial parcel to buffer the commercial uses from the residential and other uses. *1 _ accordance with LDC requirements for this type of use *2 Northeast and Southeast quadrants only. (Revised 4/11/07) 32 SECTION VII GENERAL DEVELOPMENT COMMITMENTS 7.01 PURPOSE Agenda Item No. 17D April 24, 2007 Page 97 of 156 The purpose of this Section is to set forth the development commitments of the project. 7.02 MP -U -D- MASTER PLAN 1) The P.U.D. Master Plan — Map H -1 is an illustrative preliminary development plan. The design criteria and layout illustrated on the Master Plan shall be understood to be flexible, so that, the final design may satisfy project criteria and comply with all applicable requirements of this eOrdinance. 2) All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities. 3) Site design changes shall be permitted subject to Collier County and /or City of Naples staff administrative approval, where such changes are consistent with the intent of this MP -U -D- and do not cause significant impact to surrounding properties abutting the Grey Oaks MPUD. 7.03 ENVIRONMENTAL 1) PetitieraerThe developer shall be subject to Collier County Growth Management Plan Conservation and Coastal Management Element QIDOGtives 6.4.6 and 6.4.7 nd applicable County ordinances. The 25% shall be monitored at each site clearing plan submittal. The Pet#ieaerdty oiler shall receive credit from any phase where the 25% amount is exceeded to be applied to a phase where it is not. In any phase of development where credit toward the 25% is needed the pe#49perdeveloper shall delineate on the site clearing plan the percentage of viable naturally functioning native vegetation retained and /or areas of landscaping and open space which are planted with native species. The Pa ##eaerdeveloper shall show the calculations on each site clearing plan which totals the overall 25% for the project build -out. (Revised 4111107) 33 2) Agenda Item No. 17D April 24, 2007 Page 98 of 156 RetitieaeKThe developer shall obtain all necessary local, state and federal permits. Copies of appropriate jurisdictional delineations are required at the time of subdivision master plan per the County Engineer. 3) Protected plant species (butterfly orchid) and those which may be observed during each construction phase shall be protected from injury or relocated on site. The existing locations as well as the transplantation locations, if warranted, shall be identified on the site clearing plan for each phase of construction. 4) The petitieaerdeveloper must receive all appropriate state approvals for storing and handling hazardous materials prior to construction of the golf maintenance facilities. All hazardous materials will be stored in a central location, removed from the Gordon River headwaters or Golden Gate Canal. There will be no storage of hazardous materials, that is in excess of two (2) days supply,- at the satellite facilities. However, petroleum storage at these facilities shall be allowed, but only in above ground storage facilities constructed and maintained in accordance with EPA and FDER standards. The petitieaerdeveloper shall submit any required contingency plans approved by appropriate state and federal agencies for clean up and mitigation of unauthorized release of hazardous materials. protected 5) Buffers around . Florida Management District criteria. 121 ■ Oaks shall pFoGged _ the GGAtARtg - - ■ (Revised 4/11/07) 34 Agenda Item No. 17D April 24, 2007 Page 99 of 166 746 Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit (ERP) fRules and (Regulations, as well as the U.S. Army Corps of Engineers Section 404 permitting program. Removal of exotic vegetation shall not be the sole means of mitigation for impacts to Collier eCounty jurisdictional wetlands. �47 All conservation areas shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Conservation areas shall be dedicated on the plat to the project's homeowners' association, or like entity, for ownership and maintenance responsibilities, and to Collier County with no responsibility for maintenance. 9�8 An exotic vegetation eradication, monitoring, and maintenance (exotic free) plan for the site, with emphasis on conservation /preservation areas, shall be submitted to the QIFFARt RlafRiRg Environmental Staff for review and approval prior to final site plan /construction plan approval. 9 --°eta �^ ;e _ The developer shall coordinate protected wildlife species issues through the ERP and Corps Section 404 permit review process and comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (FWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) made part of any ERP or Section 404 permit issuance. Where protected species occur on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan /construction plan approval. 7.04 WATER MANAGEMENT 1) 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. 2) 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 return frequency. 3) An €excavation Rpermit wiAshall be required for the proposed lake(s) in accordance with oolicable County i ;;Rd BevelepFReat sedeordinances and SFWMD Rules. Several of the lakes proposed do not meet the minimum setback requirements of County Laad rdinances. The a:i.Master Plan shall be revised to meet the minimum setback requirements or documentation shall be provided during the &subdivision A4master Rplan process to allow a reduction in the setback with appropriate barriers provided. 4) The lake and swale typical cross - sections shall conform to all applicable County 8ordinances. (Revised 4111107) 35 Agenda Item No. 17D April 24, 2007 Page 100 of 156 5) . Detailed site drainage plans of each drainage sub -basin shall be submitted to the Environmental Advisory Board, or its successor, for review. No construction permits shall be issued unless and until approval of each individual drainage sub - basin is granted by the Engineering Review Services. 6) An executed agreement between the applicant, Big Cypress Basin and the South Florida Water Management District, detailed plans and associated documentation relating to the installation of the new control structure and the relocation of the existing amil gate structure including back pump facilities shall be submitted to Engineering Review Services for review prior to construction plan approval. 7) A copy of the South Florida Water Management District Conceptual pPermit or favorable staff report shall be required prior to Ssubdivision Mmaster Rplan approval. 8) A copy of South Florida Water Management District Permit or Early Work Permit is required prior to construction plan approval. 9) Documentation few from Florida Power and Light allowing use of their right -of- way for the purposes of water management shall be provided prior to subdivision Mmaster Japlan approval. 10)This approval does not constitute agreement by the County to any control elevation or discharge rate. All agreements shall be made with South Florida Water Management District/Big Cypress Basin. 7.05 TRANSPORTATION 1) The developer shall provide appropriate left and /or right turn lanes on Airport Road, Golden Gate Parkway and Livingston Road at all project accesses. This . _, ,___ city 2) The developer shall provide arterial level street lighting at all project accesses. ,..,ith n enrrpsnnndina 3) The developer shall provide a fair share contribution toward the capital cost of traffic signals, including interconnection where applicable, at any project access when deemed warranted by the County. The signals will be owned, operated and maintained by Collier County. 4) Livingston Road Right -of -Way Dedication: a) The developer shall dedicate sufficient right -of -way north of Golden Gate (Revised 4/11/07) 36 Agenda Item No. 17D April 24, 2007 Page 101 of 156 Parkway to establish a right -of -way corridor 120 feet in width along the entire length of the developer's property, taking into consideration the existing Livingston Road right -of -way easement. Additional right -of -way within the Florida Power and Light easement may be required subject to approval and releases by Florida Power and Light. The developer shall pay, or may utilize reduction of existing impact fee credits in the amount of $30,000 in full satisfaction of the developer's obligation to reimburse the County for the County's costs in negotiating and obtaining any approval and releases by Florida Power and Light necessary to fulfill the 120 foot right -of -way width requirement. b) The developer shall dedicate 50'feet or road right -of -way south of Golden Gate Parkway along the length of the developer's property. In addition, for a distance of 200 feet south of Golden Gate Parkway, the developer shall dedicate an additional 50 feet in width immediately west of the aforementioned right-of-way. Said additional 50 feet in width may be in the form of a 25 foot wide road right -of -way dedication and 25 foot wide easement for drainage, water management, landscaping, and bikepath use. For the next 800 feet south of Golden Gate Parkway, the developer shall dedicate a strip of land tapering from 50 feet in width in the north to 0 feet in width in the south, in a diminishing line immediately west of the aforementioned right -of -way. Said additional property shall, to the extent it exceeds 25 feet, be in the form of an easement for drainage, water management, landscaping, and bikepath use. The "easements" (as opposed to the dedications) specified herein may be used to satisfy all or part of the setback, and buffer requirements for the adjacent property. The land to be dedicated by the developer, as described above, consists of a total of 3.891 acres, and is identical to parcels 137 and 937 which are the subject of a Stipulated Order of Taking, dated July 24, 1998, entered in Collier County Circuit Court Case No. 98 -1635 CA. The developer and County agree that the developer shall be entitled to impact fee credits for the 3.891 acres comprising parcels 137 and 937 at the rate of $85,000 per acre for a total credit of $330,735 for this additional land dedication. C) The requirement in Grey Oaks DRI Development Order 90 -3 at paragraph 5.c, (iv) that the applicant build Livingston Road ferom Golden Gate Parkway south to the beginning of the northern approach to the bridge over the Golden Gate Canal (based upon the cost of a two -lane rural roadway) shall be fully satisfied by the reduction of existing or future impact fee credits, in the amount of One Hundred Eighty -Five Thousand Dollars ($185,000). 5) The developer shallhas dedicated 40 feet of right -of -way along the north side of Golden Gate Parkway west of Airport Road along the entire length of the developer's property, shall incorporate the Golden Gate Parkway drainage into (Revised 4111107) 37 Agenda Item No. 17D April 24, 2007 Page 102 of 156 the water management system of the developer's project, and shall accept all drainage from both a quality and quantity standpoint. 6) The developer shall dedicate 40' for right-of-way on each side of Golden Gate pParkway between Airport Road and Livingston Road within four (4) months of a written request from the County. 7) Collier County reserves the right to expand the lanes on Airport Road by adjusting the cross section of the existing canal to incorporate road run -off in the lake system. 8) The developer s43a44has dedicated sufficient right -of -way at the intersection of Airport Road and Golden Gate Parkway to allow a grade separated urban interchange with Golden Gate Parkway being the grade separated roadway. 9) All traffic control devices used, excluding street name signs, shall conform with the Manual on Uniform Traffic Control Devices as required by Chapter 316.0747, Florida Statues, 10) If Collier County adopts a proportionate share or area -wide transportation assessment program, or modifies its Impact Fee Ordinance, to provide additional credit for right -of -way dedication, the developer shall be entitled to such a credit towards the 25 acres more or less of dedication. It is understood that the total amount of land involved in these dedications is equal to 25 acres more or less. 11)The number, type, and location of, and allowable changes to project access intersections with County roads shall be as set forth in Exhibit D -1 to the Grey Oaks DRI /Grey Oaks Development Order. 12) Impact fee payments shall be made to Collier County pursuant to the Impact Fee Ordinance in effect at the time of relevant permit application;sa+d-4atpast-Fee 13) The County and the Bdeveloper agree-teshall explore whether it would be in their individual best interests and mutual advantage for the developer to incorporate some of the storm water discharge from Golden Gate Parkway into the water management system for the southeastern quadrant of Grey Oaks. In the event the parties agree that it is in their respective best interest quality, cost sharing or impact fee credits may be used to recompense the developer for costs associated with said conveyance or storage. 7.06 UTILITIES (Revised 4/11/07) 38 Agenda Item No. 17D April 24, 2007 Page 103 of 156 1) The water distribution system and appurtenant facilities to serve the project are teshall be designed, constructed, conveyed, owned and maintained pursuant to the requirements of the City of Naples. 2) The sewage collection, transmission and treatment and disposal facilities to serve the portions of the project on the west side of Airport Road a;&44shall be designed, construction, conveyed, owned, and maintained pursuant to the requirements of the City of Naples. 3) Provisions for sewer service to those portions of the project lying on the east side of Airport Road shall be as follows, unless a service area modification is approved between the City of Naples and the Collier County Water -Sewer District prior to the submissions of subdivision master plan applications to Collier County for the project. a) The sewage collection and transmission and interim sewage treatment facilities to serve the portions of the project on the east side of Airport Road are to be designed, constructed, conveyed, owned and maintained in accordance with applicable county ralesordmances and regulations. b) All customers connecting to the 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. Should the County not be in a position to provide sewer service to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's off -site water and/or sewer facilities are available to serve the project. C) It is anticipated that the County Utilities Division will ultimately receive and treat the sewage generated by this project. Should the County system not be in a position to receive the project's wastewater, at the time development commences (that generates wastewater), the Ddeveloper, at #isits expense will install and operate interim on -site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. An agreement shall be entered into between the County and the Ddeveloper, Merits assigns or successors, regarding any interim treatment facilities to be utilized. The agreement must be legally sufficient to the County, prior to the approval of construction documents for the project and be in conformance with the policable County ordinances. (Revised 4111107) 39 Agenda Item No. 17D April 24, 2007 Page 104 of 156 d) The utility construction documents for the project's sewerage system shall be prepared to contain the design and construction of the on -site force main, which will ultimately connect the project to the future central sewerage facilities of the District in the Airport Road rights -of -way. The force main must be extended from the main on -site pump station site to the east right -of -way line of Airport Road and capped. It m4stshall be interconnected to the pump station with appropriately located valves to permit for simple redirection of the project's sewage when connection to the County's central sewer facilities becomes available. e) Prior to the approval of construction documents that provide for development that generates wastewater by the County, the 9developer raastshall present verification pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the 9developer to provide the service through its sewer facilities. f) The project's gdeveloper(s), 4stheir assigns or successors shall negotiate an Agreement with the Collier County Water -Sewer District for the use of treated sewage effluent within the project limits, for irrigation purposes. The 9developer weuWshall be responsible for providing all on- site piping and pumping facilities from the County's point of delivery to the IV GVI u„+ storage facilities, as required by the DEP, consistent with the volume treated wastewater to be utilized. g) All &subdivision master plans shall identify the location of interim wastewater treatment facilities required. In addition, documentation 1st shall be provided to verify that the site is of adequate size for the facility intended. 7.07 SIGNAGE 1) General a) All County sign regulations shall apply unless such regulations are in conflict with the conditions set forth in this section. b) For the purpose of this MPUD Document/Ordinance, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. C) Should any of the signs be requested be placed within the public right-of- way, a right -of -way permit m4stshall be applied for and approved. d) All signs shall be located so as not to cause sight distance problems. (Revised 4111107) 40 Agenda Item No. 17D April 24, 2007 Page 105 of 156 2) Entrance Signs a) Two (2) signs with a maximum area of 60 square feet each or one (1) sign with a maximum area of 100 square feet shall be permitted at each entrance of the development. b) Entrance signs shall not exceed a height of fifteen (15) feet above the finished ground level of the sign site. c) Entrance signs may be lighted provided all lights are shielded. 3) Project Signs a) Project signs, designed to promote the R2roject, or any major use within the project shall be permitted along the east and west sides of Airport Road, the north and south side of Golden Gate Parkway, and the west side of Livingston Road, and on all land tracts within the Grey Oaks MPUD limits subject to the following conditions: Project signs shall not exceed a height of twenty (20) feet above the finished ground level of the sign site nor a;ayshall the overall area of the sign face exceed one hundred (100) square feet. A maximum of fourteen (14) project signs shall be permitted. Six (6) located along Airport Road frontage, four (4) each located along Golden Gate Parkway and Livingston Road frontage. The location of such signs shall generally be limited to a one - quarter mile spacing requirement unless existing vegetation requires a seraewhat closer spacing. An additional 5 intersection signs shall be permitted at the intersections of Golden Gate Parkway with Airport Road and Livingston Road. iii. Project signs may be lighted provided all lights are shielded. 7.08 ENGINEERING 1) 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 Engineering Review Services. 2) Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Ordinances regulating subdivisions, unless otherwise approved as an exception to said regulations during subdivision Aftpproval. (Revised 4111107) 41 Agenda Item No. 17D April 24, 2007 Page 106 of 156 3) Platting shall be accomplished when required by Collier County Ordinances regulating subdivisions. 4) Work within Collier County right -of -way shall meet the requirements of Article 11, - A: --- ^-- -f c the 5) Internal access into tracts as shown on the MPUD Master Plan is informational only. Exact locations shall be determined during subdivision or 9site development plan approval. 7.09 EXCEPTIONS TO SUBDIVSION REGULATIONS Exceptions to subdivision regulations shall be requested at the time of application for subdivision approval in accordance with applicable subdivision regulations in effect at the time of development. 7.10 SCHOOL DISTRICT The applicant shall dedicate a fifteen (15) acre school site to the Collier County School District at a location (off -site) agreed upon between the Applisaatdeveloper and the School District. 7.11 FIRE STATION /EMS SITE 7.12 The applisaatdeveloper s4a4has dedisateconveved a 1.5 acre site for use by the North Naples and the East Naples Fire Districts, together with Collier County Emergency Medical Services Department. The site shall be dedisatedwas conveyed in fee simple, subject to the following conditions: 1) The site shall revert to the owner, or subsequent owner, if it is not utilized for a fire and rescue facility for at least five (5) years. 2) If either fire district for the Emergency Medical Services Department adopts impact fees the ApplisaR developer shall be entitled to impact fee credit for the dedicated site based on the fair market value on the date of dedication. AFFORDABLE HOUSING (Revised 4111107) 42 7.13 Agenda Item No. 17D April 24, 2007 Page 107 of 156 DEVELOPMENT OF REGIONAL IMPACT (Revised 4111107) 43 Datet 4/3/2007 PROFESSIONAL ASSOCIATION April 3, 2007 VIA FACSIMILE 239 -530 -6357 & VIA U.S. MAIL Ms. Kay Deselem, AICP Principal Planner Department of Zoning and Planning Development Review Collier County Government 2800 N. Horseshoe Drive Naples, FL 34104 Page, I TRIANON CENTRE - THIRI) FLOUR NAPLES, FL 34103 239.649.2712 DIRELY 239.649.6200 MAIN 239.261.3659 FAX dalewis@rralaw.com Re: Consent and Authorization from Sea Investments, L.L.C. for Grey Oaks MPUD (PUDA- 2006 -AR- 10157 ) Dear Kay: Enclosed please find an original Consent and Authorization executed by our client, Sea Investments, L.L.C. in favor of the captioned amendment to the PUD. Should you have any questions or require additional information, please do not hesitate to contact our office. In the meantime, kindly forward on to our office a redline of the amendment to the Grey Oaks MPUD showing the changes made to the document after submission of the same to the Collier County Planning Commission on March 15, 2007. DAUksn Enclosure as Stated cc: Mr. Tim McEachern Mr. Bruce Tyson 522597.01.115863.0001 Very truly yours, ROETZEL & ANDRESS, LPA Douglas A. Lewis For the Firm CLINUAND TOl FIX) AKRON COLUMBUS CINCINNATI WASHINGTON,D.C. TALLgHASSGE ORLANDO FORT MYERS NAPLES www.ralaw.com vacs, a /s /aou/ TIM, 1,39 PM To, 0 5306357 R&A Naples Fax page, Agenda Item No. 17D April 24, 2007 Page 109 of 156 CONSENT AND AUTHORIZATION SEA INVESTMENTS, L.L.C., a Delaware limited liability company, as owner of lands more particularly described in Exhibit "A" attached hereto and made a part hereof, does hereby consent to and authorize Naples Grande Holdings, LLC, a Florida limited liability company, and their authorized agent, Bruce E. Tyson of WilsonMiller Inc., a Florida corporation, to include said lands in the petition to amend the Grey Oaks MPUD (PUDA- 2006 -AR- 10157) as submitted to the Collier County Planning Commission on Match 15, 2007. SEA INVESTMENTS, L.L.C., a Delaware limited liability company By: Print Name: ar re eld Its: lce resident & CFO STATE OF FLORIDA ) ) ss: COUNTY OF LEE ) by�The foregoin Cc�psent and Authorization was acknowledged before me thi�aay of March, 2007 QS✓of Sea Investments, L.L.C., a Delaware limited liability company, UiP on behal of said cotnpany. She W) is personally know to me or ( ) has produced as identification. IAURA.I COPLON ConaNs%on s DD284314 f aw"d 22my�Y16n 01d Re eanpanr 521883 v_02 \115863.0001 eats: 4/3/2007 Time: 1:39 PM To: ® 5306357 RSA Naples Pax Page: 3 Agenda Item No. 17D April 24, 2007 Page 110 of 156 OR: 3735 PG: 0587 LEGAL DESCRIPTION An that W of Section 25. Township 49 South, Range 25 East. Collier Comely. Florida, being moTe particnilarfy described as follows' commencing at the southeast corner of said Section 25; thence along the south line of said Section 25, South 89°54'53" West 10.00 fed to the P01NT OF BEGIIINING of the penal herein dewribod; thence coutirtue along said section line, South 89°54'53" West 500.02 feet in GoldenlGatt pwkwayy as rmorded in O.R. Book 2445, 2D95.15 147 Pub�Reeotda 60-Of- f CollieryCouatY, Florida-, thcoce along said tight -of =wry line, South 89 °42'23" East 35137 feet; the= South 44028'39" East 84.48 feel thence South 00°25'08" West 132.43 feet thence southeasterly 374.20 feet along the till circula curve concave to the east having a radios of 6905.46 feet through a fit' being subtended by a chord which bears South0I*08'Ul" East 374. them South 10°16'23" West Jar emus corravc to the east thence southmsferly 376.15 et of anon -tan havmq a radius of 6920.46 set f 03°0 'S 1 and being subtended by a chord the= soudcastcly 54.1 1 8 T yt having a radius of 6890, f a which bears South 05058' rharce North 84 °22'24" $.00 feet; thence s tangential circular emus the west having of 06'02'35" and being an a chard which 1 thence south oo°25'ag "wear thence North 89°08124 1 west 5.5 thence South 00°45'03" Wes, 180.4 dMadbed- Containing 21.91 acres more or less. emus concave to the west icing sAu ded by a chord fat along the arc of a non- 46 fed through a antral angle i' 10" East 72799 feet; OF BEGU4NING of the parcel herein 4 6 INOtI tU21Hn IM2191206.21 ' FILE U� ;j Agenda Item No. 17D April 24, 2007 Page 111 of 156 ORDINANCE NO. 07- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM PUD TO MPUD FOR THE GREY OAKS MPOD FOR PROPERTY LOCATED AT THE NORTHEAST, NORTHWEST AND SOUTHEAST QUADRANTS OF THE INTERSECTION OF AIRPORT ROAD (STATE ROAD 31) AND GOLDEN GATE PARKWAY (COUNTY ROAD 886), IN SECTIONS 24, 25, AND 26 TOWNSHIP 49 SOUTFI, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1,601E ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 00 -46, THE FORMER GREY OAKS PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Bruce Tyson, AICP, RLA, of WilsonMiller, Inc., representing Naples Grande Holdings LLC, petitioned the Board of County Commission, 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 real properly described in the MPUD Document located in Sections, 24, 25 and 26, Township 49 South, Range 25 East, Collier County, Florida, is changed from Planted Unit Development (PUD) to Mixed Use Planned Unit Development (MPUD) in accordance with the MPUD Document, attached hereto as Exhibit "A," which is incorporated heroin 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, islare hereby sunended accordingly. Grey Oaks, PUDA- 2006 -AR -10157 Page I of 2 I Agenda Item No. 17D' April 24, 2007 Page 112 of 156 SECTION TWO: Ordinance Number 00 -46, known as the Grey Oaks PUD, adopted on June 27, 2000, by the Board of County Conunissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier.County, Florida, this _ day of , 2007. ATTEST: DWIGHT E. BROOK, CLERK ,Deputy Clerk Approved as to form and legal sufficiency: ,:�1�Marjorie M. Student- Stil9ing Assistant County Attorney PUUA.2006- AR- 10 1571Md P Grey Oaks, PUDA-2006-AR- 10 157 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY; JAMES N. COhETTA, CHAlliMAN Page 2 of 2 PLANNED UNIT DEVELOPMENT DOCUMENT FOR GREY OAKS PREPARED BY: WILSONMILLER, INC. 3200 BAILEY LANE, SUITE 200 NAPLES, FLORIDA 34105 " Exhibit A" (Revised 4111107) Agenda Item No. 17D April 24. 2007 Page 113 of 156 DATE FILED DATE APPROVED BY BCC ORDINANCE NUMBER 90 -48 AMENDED BY ORDINANCE 97-45 AMENDED BY ORDINANCE 98 -94 AMENDED BY ORDINANCE AMENDED BY ORDINANCE Agenda Item No. 17D April 24, 2007 Page 114 of 156 INDEX List of Maps, Exhibits, and Tables PAGE (Revised 4111107) 2 Statement of Compliance and Short Title Iv SECTION I Property Ownership and Legal Description 6 SECTION 11 Project Development 8 SECTION III Residential 18 SECTION IV Golf Course /Recreation /Park/Right -of -Way 23 SECTION V Conservation /Open Space 26 SECTION VI Commercial 28 SECTION VII General Development Commitments 33 (Revised 4111107) 2 LIST OF MAPS AND TABLES MAPS H - 1 PUD Master Plan Agenda Item No. 17D April 24, 2007 Page 115 of 156 E-1 Native Vegetation within Grey Oaks E-2 Native Vegetation — North Area of Northeast Quadrant E-3 Native Vegetation — Northwest Quadrant E-4 Native Vegetation — Southeast Quadrant and Southern Area of Northeast Quadrant TABLES TABLE I Land Use Summary TABLE II Project Absorption Schedule Estimate TABLE III Development Standards (Revised 4111107) 3 Agenda Item No. 17D April 24, 2007 Page 116 of 156 STATEMENT OF COMPLIANCE It is the intent of the Halstatt Partnership, A Florida General Partnership to create a Mixed Use Planned Unit Development (MPUD) to be known as Grey Oaks Planned Unit Development, on 1,601.39 acres of land located in Section 24, and 25, Township 49 South, Range 25 East, Collier County, Florida, and Section 26, Township 49 South, Range 25 East, City of Naples, Florida. The residential, recreational and commercial facilities of THE GREY OAKS DRI/PUD are consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of the City of Naples and Collier County for the following reasons: 1) The subject property is located within the City and County Urban service areas and there are adequate available community facilities and services to support the proposed residential density and commercial intensity. 2) The City of Naples made a determination that the part of Grey Oaks in the City is consistent with the goals, objectives and policies of the Comprehensive Plan and land development regulations adopted by the City. 3) With regard to that part of Grey Oaks within the County a) The project development is compatible and complementary to the surrounding land uses and future uses allowed by the Future Land Use Element. b) Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. C) The project development will result in an efficient and economical extension of community facilities and services as required by Policies 3.1.H and 3.1.J. of the Future Land Use Element. d) The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. e) The projected density of less than two (2) dwelling units per acre is less than that allowed under the Future Land Use Element since the project includes three (3) quadrants of an Activity Center and a density band. This project (Revised 4/11/07) 4 Agenda Item No, 17D April 24, 2007 Page 117 of 156 consists of 1,601.39 acres of land, with 1,775 dwelling units, which equals a density of 1.11 dwelling units per acre. f) The subject project occupies the northwest, southeast and northeast quadrants of the Activity Center located at the intersection of Airport and Golden Gate Parkway. This strategic location allows the site superior access for the placement of commercial activities. g) The project includes extensive open spaces in the form of golf courses and incorporates natural features to provide a high quality of life for its residents. SHORT TITLE This ordinance shall be known and cited as the "GREY OAKS Mixed Use Planned Unit Development Ordinance ". (Revised 4111107) 5 Agenda Item No. 17D April 24, 2007 Page 118 of 156 SECTION I PROPERTY OWNERSHIP & LEGAL DESCRIPTION 1.01 PROPERTY OWNERSHIP The Northeast quadrant is currently owned by: a) Grey Oaks Country Club, Inc. 2600 Golden Gate Parkway, Naples, FL, 34105. b) LDG South LLC, 5692 Strand Court, Naples, FL, 34110. C) Individual Landowners. The Southeast quadrant is currently owned by: a) Panthers Grey Oaks, Inc., c/o Naples Grande Golf Club, 475 Seagate Drive, Naples, FL, 34103. b) Naples Grande Holdings LLC, 404 Citation Pt., Naples, FL, 34104. C) Sea Investments LLC, 10350 Bren Road W., Minnetonka, MN, 55343. The Northwest quadrant is currently owned by: a) Halstatt Partnership, 2600 Golden Gate Parkway, Naples, FL, 34105. b) Estuary at Grey Oaks LTD, 4200 Gulf Shore Blvd. N., Naples, FL, 34103. C) Grey Oaks County Club, Inc., 2600 Golden Gate Parkway, Naples, FL, 34105. d) Individual Landowners. 1.02 LEGAL DESCRIPTION All that part of Section 24, Township 49 South, Range 25 East, Collier County, Florida, lying easterly of that 100 foot canal right -of -way as described in O.R. Book 154, page 6, Public Records of Collier County, Florida; ALSO All that part of Section 25, Township 49 South, Range 25 East, Collier County, Florida, lying easterly of that 100 foot canal right -of -way as described in O.R. Book 154, page 6, O.R. Book 873, page 1879 and O.R. Book 873, page 1882, all of the Public Records of Collier County, Florida; LESS Golden Gate Parkway (C -886) as described in O.R. Book 465, page 275, and O. R. Book 465, page 278, Public Records of Collier County, Florida; ALSO LESS those lands described in O.R. Book 194, page 603 and O.R. Book 640, page 229, Public Records of Collier County, Florida, (Revised 4111107) Agenda Item No. 17D April 24, 2007 Page 119 of 156 ALSO All that part of Section 26, Township 49 South, Range 25 East, Collier County, Florida, lying westerly of Airport- Pulling Road (C -31) and northerly of Golden Gate Parkway (C- 886) located within the City of Naples; LESS that portion thereof as described in O.R. Book 539, page 370, Public Records of Collier County, Florida; above property subject to easements and restrictions of record; containing 1,601.39 net acres more or less. (Revised 4111107) SECTION II PROJECT DEVELOPMENT 2.01 PURPOSE Agenda Item No. 17D April 24, 2007 Page 120 of 156 The purpose of this Section is to generally describe the plan of the development and delineate the general conditions that will apply to the project. 2.02 INTRODUCTION Grey Oaks is a 1,601.39 acre mixed use residential development and golf course community with a "town center ", and other retail and office development located in Collier County. The property is generally located in the northwest, northeast, and southeast quadrants of the intersection of Airport Road and Golden Gate Parkway. The property is bounded on the east by Livingston Road; on the south by the Golden Gate Canal; on the west by the Gordon River Watershed; and on the north by the Coach House Land Residential Properties in the west quadrant, and the World Tennis Center in the northeast quadrant. The northwest quadrant of the property is in the incorporated City of Naples and constitutes approximately 354 of the 1,601.39 acres. The remainder of the property is located in the unincorporated area of Collier County. The project is of a size to be a Development of Regional Impact (DRI) and an Application for Development Approval (ADA) has been filed pursuant to Chapter 380.06, Florida Statutes (1988). Because the City and County recognize that the project has been planned and will be developed as a unified integrated community, the City and County have agreed that a single local government (Collier County) should have the responsibility for reviewing the planned development and issuing a Development Order pursuant to Section 380.06, Florida Statutes and for adopting the zoning (MPUD Ordinance) for the entire project, including that portion that lies with the City of Naples. In furtherance of the goal of having one entity review the proposed project and adopt a zoning ordinance (MPUD) and Development Order for the project, the developer and the City of Naples have entered into a DEVELOPMENT AGREEMENT and the City of Naples and Collier County have entered into an "INTERLOCAL GOVERNMENT AGREEMENT' with regard to the project. The DEVELOPMENT AGREEMENT sets forth the maximum intensities of land uses for the property within the City and provides that the City agrees to accept and adopt (if appropriate) any Development Order and MPUD zoning issued by the County that does not exceed the intensities of land uses set forth in said DEVELOPMENT AGREEMENT. This DEVELOPMENT AGREEMENT allows the County to review the proposed project as a single integrated planned community and approve a single set of development standards for the entire project by adopting a single PUD Ordinance and Development Order for the project. (Revised 4111107) Agenda Item No. 17D April 24, 2007 Page 121 of 156 The INTERLOCAL GOVERNMENT AGREEMENT between the City of Naples and the County of Collier incorporates said DEVELOPMENT AGREEMENT and further provides that the City and County agree that the County shall conduct the rezoning and DRI review for the entire 1,601.39 acre project, including that portion of the project within the jurisdiction of the City of Naples. A copy of the INTERLOCAL GOVERNMENT AGREEMENT and the DEVELOPMENT AGREEMENT are made a part of this MPUD by reference thereto. The County, City and the Developer have all agreed that the 354 acres within the jurisdiction of the City is an integral part of the overall Grey Oaks DRI Community and it is therefore, essential to the viability of the planned community that the MPUD and DRI plan approved by Collier County be in effect and remain in effect for the entirety of the project and not just the portion of the project lying within the jurisdiction of the County of Collier. 2.03 LAND USES Table I is a schedule of the intended land uses types, with total dwelling units, acreage, and total square feet commercial indicated. The arrangement of these land use types is shown on Map H -1, Planned Unit Development Master Plan. Changes and variations in design and acreages shall be permitted during each subdivision phase at final design to accommodate topography, vegetation, and other site conditions. The final size of the recreation and open space lands will depend on the actual requirements for conservation areas, water management, golf course layout, roadway pattern, and dwelling unit size and configuration. At the time of Subdivision review and approval for each subdivision phase, the location, size and configuration of land use tracts shall be identified, along with the assignment of permitted residential or commercial land use types. The assignment of maximum allowed residential density and /or commercial gross leasable floor area shall also occur at the time of subdivision review and approval. If the maximum allowed residential density or commercial gross leasable area is not fully used within that subdivision phase of the project the unused remainder may be assigned to another phase(s) of the project. Final determination of the total multi - family residential or commercial use shall be determined at time of site development plan approval. For each succeeding subdivision and /or site development plan, a table shall be included which summarizes the total dwelling units and commercial floor area that has been previously assigned and total assigned for the pending approval, in order to facilitate the County's monitoring of the project. (Revised 4111107) Agenda Item No. 17D April 24, 2007 Page 122 of 156 2.04 PROJECT DENSITY The total acreage of Grey Oaks Mixed Use Planned Unit Development is approximately 1,601.39 acres. The maximum number of dwelling units to be built on the total acreage is 1,775. The number of dwelling units per gross acre is approximately 1.11. The density on individual parcels of land throughout the project will vary according to the type of housing placed on each parcel of land but shall comply with guidelines established in this document. 2.05 PERMITTED VARIATIONS OF DWELLING UNITS All properties designated for residential uses may be developed at the maximum number of dwelling units allocated, provided that the total number of dwelling units shall not exceed 1,775. Table I identifies the maximum units by project quadrant. 2.06 DEVELOPMENT SEQUENCE AND SCHEDULE The developer will commence the project within the northeast quadrant. Within each quadrant, the amount and location of each subsequent development area will be dictated by logical and economical development constraints and by market demand. Table II indicates, by project year, the estimated absorption of units, and commercial square footage. The absorption schedule is an estimate and not guaranteed. Actual absorption rates are governed by market demand. 2.07 EASEMENTS FOR UTILITIES All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of development. 2.08 COLLIER COUNTY AND CITY OF NAPLES SUBDIVISION APPROVAL The review and approval of subdivision master plans and construction plans shall follow the design and development standards of the Collier County. Ordinances regulating subdivisions in effect at the time of development; and shall be reviewed and approved in accordance with the procedures set forth by Collier County for that portion of the project under County jurisdiction. The intent and effect of this Section is to have a single set of substantive standards apply to subdivision master plans to the location of the particular property in question, but to allow each local government to apply its procedural process for approval of said plans. The developer reserves the right to request exceptions and modifications to the standards set forth in applicable regulations. Where this document makes reference to a specific type of subdivision approval (e.g. Subdivision Master Plan Approval or platting) this reference shall be construed to mean the applicable Collier County procedure or approval in effect at the time of development. (Revised 4111107) 10 Agenda Item No. 17D April 24, 2007 Page 123 of 156 2.09 LAKE SITING As depicted on the MPUD Master Plan, lakes and natural retention areas have been sited adjacent to existing and planned roadways, property lines, and throughout the golf course. The goal is to achieve an overall aesthetic character for the project, to permit optimum use of the land, provide buffering to uses within and surrounding the project, protect native vegetation, and to increase the efficiency of the water management network. Accordingly, the requirements described in applicable County ordinances, may be reduced subject to the approval of the County Engineer at the time of Subdivision and /or excavation permit approval. Fill material from lakes is planned to be utilized within the project, however excess fill material, not to exceed 10% or maximum 20,000 cubic yards may be utilized off -site, subject to the provisions of the Collier County excavation ordinance in effect at the time of development. Removal of fill material in excess of 10% of total or 20,000 cubic yards shall meet the requirements of a commercial excavation per applicable County ordinances. Final lake area determination shall be in accordance with the South Florida Water Management District stormwater criteria and applicable County ordinances. 2.10 DEDICATION AND MAINTENANCE OF FACILITIES Roads and other infrastructure may be either public or private, depending on location, capacity, and design. The developer shall create appropriate homeowner and /or condominium associations or identify other entities which will be responsible for maintaining the roads, streets, drainage, water and sewer improvements where such systems are not dedicated to the County or City. Standards for roads shall be in compliance with the applicable provisions of Collier County ordinances regulating subdivisions, unless otherwise approved as an exception during subdivision approval. 2.11 SITE DEVELOPMENT PLAN APPROVAL The provisions of the LDC shall apply to the development of platted tracts or parcels of land as provided in the LDC prior to the issuance of a building permit or other development order. Approval of commercial tracts in the City of Naples jurisdiction shall follow the General Development and Site Plan (GDSP) process. 2.12 MODEL HOMES AND MODEL UNITS Model Homes and units shall be permitted within this project subject to the following provisions: a) Models may be constructed prior to approval of a plat. b) Models may be permitted as "dry models" and shall obtain a conditional certificate of occupancy for model purposes only. Models may not be permanently occupied until a permanent certificate of occupancy is issued. (Revised 4111107) 11 Agenda Item No. 17D April 24, 2007 Page 124 of 156 c) Models may not be utilized as "sales offices" without approval by and through the site development plan process. The site development plan process shall not be required for dry models pursuant to this Section. d) Prior to recording of any plat, metes and bounds legal descriptions shall be provided to and accepted by Collier County as sufficient for building permit issuance. Said metes and bounds legal descriptions shall meet proposed plat configurations and all models constructed pursuant hereto shall conform to applicable minimum square footages, setbacks, and the like as set forth herein. e) Temporary access and utility easements may be provided in lieu of dedicated rights - of -way for temporary service to model homes or units. f) Sales, marketing, and administrative functions shall be permitted to occur in designated model homes or units within the project only as provided herein. 2.13 CONSTRUCTION DEVELOPMENT STANDARDS The standards for the construction of all project infrastructure, such as, but not limited to roads, utilities, wastewater treatment, water management facilities, and other site improvements such as but not limited to clearing, grading, excavation, landscaping and all similar types of site improvements, except for habitable buildings and structures, shall meet the minimum standards set forth by Collier County in the applicable ordinance or regulation in effect at time of development. City of Naples construction standards shall be used for water and sewer systems under City jurisdiction. The procedures for the review and approval of project infrastructure and site improvements shall be that process in effect at the time of review and approval in accordance with the City of Naples regulations for that part of the project within City jurisdiction, and Collier County regulations for that part of the project within County jurisdiction. The standards and development permit procedures for all habitable structures shall be in accordance with the appropriate City or County jurisdiction's requirements in effect at the time of building permit application. 2.14 SALES CENTERS a) "Sales Centers' may be constructed prior to recording of a plat. "Sales Centers" may be serviced by a temporary utility system (i.e. dry well and septic tank/drainfield) prior to availability of central utility systems at which time connection to the central system will be made. Interim fire protection facilities, in accordance with NFPA requirements or as approved by the appropriate fire district shall be required unless a permanent water system is available to serve the Center. (Revised 4111107) 12 Agenda Item No. 17D April 24, 2007 Page 125 of 156 b) Review and approval of "Sales Centers" shall follow the requirements of the site development plan process of the LDC or whatever approval procedure is in effect at that time. A metes and bounds legal description shall be provided as part of the application. Access to the "Sales Center' shall be provided by a paved road or temporary driveway which meets applicable County standards as determined by the County Engineer. A water management plan shall be provided which accommodates the runoff from the "Sales Center', the required parking and access road /driveway and any other impervious surfaces. The system shall be designed to fit in with the master water management system for the entire development. c) At the time of building permit application for a "Sales Center" a temporary use permit shall be obtained. "Sales Centers" may not be occupied until a certificate of occupancy is issued. Models shall obtain a conditional certificate of occupancy for model purposes only. Models may not be occupied until a permanent certificate of occupancy is issued. 2.15 IMPACT FEES Development within the project shall be subject to all lawfully adopted impact fees in effect at the time of development. 2.16 DEVIATIONS' A. Deviation from LDC Section 4.02.24 A.2. and 3. — Corridor Management Overlay District which requires a front yard setback of 100 feet for the first floor of residential dwelling units and a 25 -foot setback for each additional floor. Deviation: Residential structures within the Grey Oaks MPUD shall comply with Section 4.02.24, Corridor Management Overlay District unless an enhanced Type D Buffer, 20 feet in width, containing a wall and landscaping is placed along Golden Gate Parkway between residential development and the Parkway. Residential structures shall be set back a minimum of 2 feet horizontally for every 1 -foot of building height measured from the property line to any point on the building, but in no case shall any residential structure be closer than 100 feet to Golden Gate Parkway. Sections, drawn to scale, shall demonstrate that sight lines from passing passenger cars (4 feet in height) in the center lane of the eastbound lanes of Golden Gate Parkway will break the views to the top of residential buildings within the southeast quadrant of the Grey Oaks MPUD. These tree heights shall be shown on the perimeter buffer landscape site development plan drawings. Trees and shrubs may be planted and maintained by the developer within the Golden Gate Parkway right -of- way provided that a landscape maintenance agreement is executed between the County and developer. B. Deviation to 5.03.02,C.1 of the LDC, Wall Height, which states that fences or walls in residential districts shall be maximum of six (6) feet tall. (Revised 4111107) 13 Agenda Item No. 17D April 24, 2007 Page 126 of 156 Within the Grey Oaks MPUD, walls, not to exceed ten feet (10') in height, shall be permitted along both sides of Golden Gate Parkway and along Livingston Road in the northeast and southeast quadrants. The walls shall be located to allow a minimum of five feet (5) of landscaping between the property /right -of -way line and the walls. The intent is to provide consistency within the Grey Oaks project so that existing and proposed walls are of similar height. C. Deviation from Section 6.06.01 J. of the LDC, Dead -end Streets, which states that dead -end streets shall be prohibited except when designed as a cul -de -sac. Culs -de- sac in excess of 1,000 feet shall not be permitted unless topographical conditions or other natural features preclude a street layout to avoid longer cuts -de -sac. Within the southeast quadrant, a deviation is requested to allow for cul -de -sac streets to be 2,300 feet in length providing that roadway and cul -de -sac lengths do not conflict with the County Fire Protection Ordinance. D. Deviation from Section 6.06.02 A.3 of the LDC, Sidewalks and Bike Lane Requirements, which states that sidewalks five (5) feet in width must be provided on both sides of local streets. In the Grey Oaks MPUD, local streets that only provide access to residential units placed on one side of a cul -de -sac street shall be required to be served by a 6 -foot sidewalk on the side of the street serving the residential units. No sidewalk shall be required on the side of the street without residential units. * Deviations apply to Southeast Quadrant only. 2.17 GENERAL Development of Grey Oaks shall proceed in accordance with the contents of this Document, MPUD -Mixed Use Planned Unit Development District, applicable sections of the Growth Management Plan and the regulations in the Collier County Land Development Code in effect at the time of issuance of any development orders to which said regulations relate governing the permitting and construction of improvements, such as but not limited to final subdivision plat, final site development plan, excavation permit and preliminary work authorization. Where these regulations fail to provide development standards then the provisions of the most similar district in the County Land Development Code shall apply. (Revised 4111107) 14 Agenda Item No. 17D April 24, 2007 r'dye IZT Vr IC)Q THE GREY OAKS PUD TABLE LAND USE SUMMARY Northeast and Southeast Quadrants (Collier Countv) Note: Native Vegetation Preserve in Northeast and Southeast Quadrants totals 79.36 acres. (See attached Drawings E -1 through E -4 for locations). Northwest Quadrant (City of Naoles) AMOUNT ACREAGE Residential units 1,311 D.U. 332.06 Ac. Commercial (Total) 1,203,091 S.F. 70.4 +/_ Ac. Office (gross floor area) 593,453 S.F. Retail (gross leasable area) 609,638 S.F. Hotel 0 Rooms 0 Ac. Golf Course /Recreation/ Park/Right of Way 54 Holes 614.31 Ac. Lake/ Water Management 225.41 Ac. Conservation 5.32 Ac. Sub -Total 1,247.45 Ac. Note: Native Vegetation Preserve in Northeast and Southeast Quadrants totals 79.36 acres. (See attached Drawings E -1 through E -4 for locations). Northwest Quadrant (City of Naoles) INU«. rvcuve veyemuun Preserve in Northwest Quacrant totals 58.63 acres. (See attached Drawings E- 1 through E -4 for locations). Note: All acreages are digitized approximate acreages and are subject to change and variation. Note: The Northeast Quadrant shall have a total commercial /office square footage of 1,203,091 S.F. (Revised 4111107) 15 AMOUNT ACREAGE Residential units 464 d.u. 100.71 +/- Ac. Commercial (Total) 100,000 S.F. 14.4 +/- Ac. Office (gross floor area) 60,000 S.F. Retail (gross leasable area) 40,000 S.F. Golf Course /Recreation/ Park/Right-of-Way 18 Holes 107.4 +/- Ac. Lake/ Water Management 76.04 +/- Ac. Conservation 55.34 +/_ Ac. Sub -Total 353.89 Ac. INU«. rvcuve veyemuun Preserve in Northwest Quacrant totals 58.63 acres. (See attached Drawings E- 1 through E -4 for locations). Note: All acreages are digitized approximate acreages and are subject to change and variation. Note: The Northeast Quadrant shall have a total commercial /office square footage of 1,203,091 S.F. (Revised 4111107) 15 Agenda Item No. 17D April 24, 2007 Page 128 of 156 THE GREY OAKS PUD TABLE II PROJECT ABSORPTION SCHEDULE ESTIMATE PROJECT YEAR 1 -6 (1989 -1995) Land Use No. Hotel Square Designation Units Rooms Feet Residential 94 Commercial (GLA) and Office (GFA) 0 Hotel 0 Golf Course* 1 * Golf Course = 18 holes with phased club facilities PROJECT YEAR 7 -13 (1996 -2001) CUMULATIVE Land Use No. Hotel Square Designation Units Rooms Feet Residential 963 Commercial (GLA) and Office (GFA) 500,000 Golf Course* 3 * Gold Course = 54 holes with phased club facilities (Second golf course may be constructed prior to project year 7, and may be built in 9 -hole increments, club facilities may be built in phases to coincide with the golf course construction). (Revised 4111107) 16 Agenda Item No. 17D April 24, 2007 PgyC IZ9 Ur IO,u TABLE II (Continued) PROJECT ABSORPTION SCHEDULE ESTIMATES PROJECT YEAR 14 -20 CUMULATIVE Land Use No. Hotel Square Designation Units Rooms Feet (GLA) Residential 1775 Commercial (GLA) and Office (GFA) 1,303,091 Golf Course' 4 Golf Course = 72 holes with full club facilities (3rtl golf course may be constructed after year 14, and may be built in 9 -hole increments, club facilities may be built in phases to coincide with the golf course construction). Project years shall be adjusted to correspond with the commencement of development. The above development program outlines multi -use categories which will be assigned to the various development pods shown on Map H -1. These land use categories will allow for a true mixed use development to occur and allow the "developer" to respond to an ever changing market over the next 20 years with an anticipated buildout at year 2010. The absorption schedule assumes that build-out of the residential, town center and majority of the office and commercial uses may occur in the first 12 years. (Revised 4111107) 17 SECTION III RESIDENTIAL LAND USE 3.01 PURPOSE Agenda Item No. 17D April 24, 2007 Page 130 of 156 The purpose of this Section is to set forth the regulations for the areas designated on Map H -1, Planned Unit Development Master Plan, as "R" or Residential. 3.02 MAXIMUM DWELLING UNITS A maximum number of 1,775 dwelling units may be constructed on lands designated as "R" or Residential. The 25 +/- acre parcel designated "R" on the MPUD Master Plan located on Livingston Road, south of Golden Gate Parkway may be devoted to Assisted Living Facilities at a floor -to -area ratio not to exceed .45. 3.03 GENERAL DESCRIPTION Areas designated as "R" or Residential on the Master Land Use Plan are designed to accommodate a full range of residential dwelling unit types. Approximate configurations of land use tracts have been indicated on the MPUD Master Plan, in order to indicate relative size and distribution of the residential uses. These acreages are based on conceptual designs and must be considered to be approximate. Actual acreages of all development tracts will be provided at the time of platting. Residential tracts are designed to accommodate internal roadways. 3.04 PERMITTED PRINCIPAL USES AND STRUCTURES 1) Detached and attached single family homes, cluster homes, zero lot line homes, patio homes, townhomes, multi - family dwellings, neighborhood recreational facilities, churches and other places of worship, and assisted living facilities. 2) Water management facilities; essential services (in accordance with the LDC). Lakes, including lakes with seawall and other types of architectural bank treatment. 3) Open space recreational activities, community parks, and similar uses, including but not limited to shuffleboard courts, tennis courts, swimming pools, boat docks and ramp, canoe launches, fishing piers, boat storage, beach gazebos, concession stands, health trails, bike paths and nature trails, observation platforms, boardwalks, playground, picnic areas and other types of facilities intended for outdoor recreation. 4) Any other use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals or the City Community Development Director determines to be compatible in the district. (Revised 4/11/07) 18 Agenda Item No. 17D April 24, 2007 r`�V- tat of 1s0 3.05 PERMITTED ACCESSORY USES AND STRUCTURES 1) Accessory uses and structures customarily associated with uses permitted in this District. 2) Essential services and facilities, as defined in the LDC. 3) Recreational facilities accessory to a residential structure. 4) Any other accessory uses or structures which are comparable in nature with the foregoing uses and which the Board of Zoning Appeals or the City Community Development Director determines to be compatible in the district. 3.06 DEVELOPMENT STANDARDS Table III sets forth the development standards for land uses within the "R" Residential District. Site development standards for categories 1, 2, and 3, uses apply to individual lot boundaries; standards for category 4 uses apply to platted development parcel boundaries. Front yard setbacks shall be measured as follows 1) If the parcel is served by a City or County dedicated public right -of -way, setback is measured from the existing right -of -way line. 2) If the parcel is served by a private drive, setback is measured from back of curb or edge of pavement, whichever is closer to the structure. 3) Single family detached (Category 1 only) front setbacks shall be measured from the public or private road right -of -way line. Standards for parking, landscaping, signs, guard houses, entrance gates and other land uses not specified herein shall be in accordance with the LDC Code regulations in effect at the time permits are requested unless otherwise specified herein. Unless otherwise indicated, setback, heights, and floor area standards apply to principal structures. Development standards for residential uses not specifically set forth in Table III shall be established during subdivision master plan or site development plan approval as set forth under Sections 2.03 and 2.11 of this Document. Setbacks and other buffer requirements from and along the north property line within the northwest quadrant adjacent to lots on Coach House Lane shall be as follows: a) One story single family structure: (Revised 4111107) 19 Agenda Item No. 17D April 24, 2007 Page 132 of 156 Principal — 25' Accessory — 15' b) One story multi - family or two story structure: Principal — 50' Accessory — 50' c) Two story structure greater than 30' in height: Principal — 75' Accessory — 75' d) Three story structure: Principal — 175' Accessory — 175' e) Four story structure: Principal — 400' Accessory — 400' f) Vehicular use areas, including garages and carports — 50' (measured to the structure or edge of pavement). g) A 15' wide, as measured perpendicular to said north border, and 25 foot high landscaped buffer shall be provided and maintained which is 80% opaque as measured in every and any 25 by 25 foot section. The buffer shall be installed prior to construction of homes. h) The number of dwelling units per acre shall not exceed 7 units per net acre measured within a band of land 175 feet wide parallel to said north boundary. i) Principal building structures shall not include more than 4 dwelling units within 175 feet of said north boundary. *Two story setback is measured to the second story portion of the structure. One story portion is to be measured as a one story structure, if it is a single family structure. (Revised 4111107) 20 CATEGORY MINIMUM SITE AREA SITE WIDTH MIN.AVG. SITE DEPTH MIN. AVG. FRONT YARD SETBACK SIDE YARD SETBACK DEVELOPMENT STANDARDS "R" Residential Areas TABLE III PATIO, ZLL, OR SINGLE SINGLE TWO FAMILY FAMILY FAMILY ATTACHED/ DETACHED DETACHED OR DUPLEX 1 *4 2 *4 3 *4 9000 5000 35000 SF /Lot SF /Lot SF /Lot 75' 50' 35' 120' 100' 100' 25' 20' 20`1 7.5' 5' 0 or a *6 REAR YARD minimum SETBACK ACSRY. of 5' 20' P HEIGHT STORIES 15'P 10' GC 2 10' GC 10'P PRINCIPAL STIR. 10' P 0' GC 0' GC REAR YARD SETBK PRINCIPAL REAR YARD SETBACK ACSRY. MAX. BUILDING HEIGHT STORIES ABOVE PARKING 2 DIST.BETWEEN PRINCIPAL STIR. 15' 1- •1iINWITE 1 15'P 10' GC 101P 0' GC 2 2 10' 0' or 5' *6 Agenda Item No. 17D April 24, 2007 Pace iaa yr IOU CLUSTER MULTI - FAMILY TOWN HOUSE 4 *4 1 AC 150' 150' 20'P 20'P 0' GC 20'P 0' GC 10' P 0' GC 6 *2 15' *3 -1 story 25' *3- 2 -3 story 30' *3- 4 stories & higher VILLAS 5 *4 *5 2500 S F /Lot 16' N/A 0' 0' 10' P 0' GC 10' P 0' GC 2 7' MINIMUM (S.F.) 1200 1000 900 750 900 SITE DEPTH AVERAGE: Determined by dividing the site area by the site width. SITE WIDTH: The average distance between straight lines connecting front and rear parcel lines at each side of the site, measured as straight lines between the foremost points of the side parcel lines in the front (at the point of the intersection with the front parcel line) and the rearmost point of the parcel lines at the rear (point of intersection with the rear parcel line). May be reduced on cul -de -sac lots. (Revised 4111107) 21 Agenda Item No. 17D April 24, 2007 Page 134 of 156 P. Perimeter of Internal Sites GC = Golf Course, or Lake Front Sites *1 This setback may be reduced to 10' for side entry garage *2 Three story maximum within the City of Naples for less than 8 units per acre. Four story maximum within the City of Naples for 8 units per acre or greater. *3 or %z the sum of the adjacent buildings, whichever is greater. The following sentence applies to the Southeast Quadrant only. Where adjacent multi - family buildings are clustered about a common access to garage parking or courtyards, and share a common architectural theme and are a minimum of 2 stories in height, the minimum distance between the buildings shall be 40% of the sum to the heights of the two multi - family buildings. *4 During the County approval process, tracts shall be designated and approved as a specific category. The approved specific category shall not be changed unless the entire tract is consistent with the new category. Any change from an approved category to another shall be accomplished per the LDC. *5 In the context here used, the term "villas" means development that occurs on a platted lot where the lots tend to form a clustered home siting scheme accessed by an irregularly shaped private roadway system. *6 For patio homes with less than a 5 foot side yard setback, the opposite side setback shall be sufficient so that the combined setbacks equal 10 feet. Once the first building, on the side of a street utilizing this product type is permitted, all subsequent buildings shall follow the pattern established by the first unit. For example, a 3 foot setback on one lot must be followed by a 7 foot setback on the next lot or vice versa. (Revised 4111107) 22 SECTION IV GOLF COURSE/RECREATION /PARK/RIGHT -OF -WAY 4.01 PURPOSE Agenda Item No. 17D April 24, 2007 Page I J 0 of 15(1 The purpose of this Section is to set forth the regulations for the areas designated on Map H -1 Planned Unit Development Master Plan as, golf course, clubhouse, driving range, right -of -ways; dedicated easements and utility corridors. 4.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part for other than the following: A. Permitted Principal Uses and Structures 1) Golf Course(s) 2) Tennis Club and facilities 3) Water management facilities; essential services (in accordance with the LDC). Lakes, including lakes with seawall and other types of architectural bank treatment. 4) Open space recreational activities, community parks, and similar uses, including but not limited to shuffleboard courts, tennis courts, swimming pools, boat docks and ramp, canoe launches, fishing piers, boat storage, beach gazebos, concession stands, health trails, bike paths and nature trails, observation platforms, boardwalks, playground, picnic areas and other types of facilities intended for outdoor recreation. 5) Community center /clubhouse(s). 6) Storage, maintenance yards, and landscaping nurseries within FP &L easements, rights -of -way, and open space. Subject to approval of the persons or entities in whose favor the easement or right -of -way runs. 7) Project Information and Sales Center. 8) Any other use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals or the City Community Development Director determines to be compatible in the district. (Revised 4111107) 23 Agenda Item No. 17D April 24, 2007 Page 136 of 156 B. Permitted Accessory Uses and Standards Accessory uses customarily associated with the principal uses permitted in this district including but not limited to: 1) Pro -shop, practice driving range, cart barn and other customary accessory uses of golf courses, or other recreational facilities, including maintenance area, and pump houses, golf courses rain shelters, restrooms, and snack bars. 2) Small commercial establishments, including gift shops, golf and tennis equipment sales, restaurants, cocktail lounges, and similar uses intended to serve patrons of the golf course or other permitted recreational facilities, subject to the provisions of the applicable supplementary district regulations of the Land Development Code of Collier County. 3) Vehicle wash facility. 4.03 DEVELOPMENT STANDARDS 1) Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. 2) Buildings shall be set back a minimum of ten (10') feet from parcel boundaries, except for common boundaries between golf course, recreation and park uses, and water management facilities, in which case the setback is zero (0') feet. 3) Maximum height of structures: Fifty (50') feet, unless abutting a residentially zoned parcel, then thirty five (35') feet. 4) Minimum distance between principal buildings: Five (6) feet — 1 and 2 story buildings that are a part of an architecturally unified grouping of structures. Ten (10') feet — 1 story. Twenty (20') feet — 2 story. 5) Setback for structures from parcel boundaries abutting residential areas: Twenty (20') feet — principal structures. (Revised 4111107) 24 Agenda Item No. 17D April 24, 2007 r'ayv for ur TaQ Ten (10') feet — accessory structures. 6) Parking for the community center /clubhouse shall be one space per every two hundred (200) square feet of gross floor area, which shall be considered inclusive of required golf course parking. 7) Standards for parking, landscaping, signs, guard houses, entrance gates and other land uses not specified herein are to be in accordance with Collier County Land Development Code regulations in effect at the time permits are requested unless otherwise specified herein. Unless otherwise indicated, setback, heights, and floor area standards apply to principal structures. 8) A 10 -foot wide combination berm, landscaping, and wall buffer shall be provided along the south side of the FPL easement paralleling Golden Gate Parkway within the northwest quadrant adjacent to golf course and residential uses. The berm shall be no higher than 2 feet and the wall no higher than 8 feet. Landscaping shall be placed in front of the wall screening a minimum of 50% of the wall. An additional 10- foot landscape buffer shall be placed along the north edge of the FPL easement where said easement abuts golf course or residential uses. Golf course is allowed within the 10 -foot wide buffer. (Revised 4111107) 25 Agenda Item No. 17D April 24, 2007 Page 138 of 156 SECTION V CONSERVATION AND OPEN SPACE AREAS 5.01 PURPOSE The purpose of this Section is to set forth the regulations for areas designated on Map H -1 as conservation and open space. 5.02A PERMITTED USES AND STRUCTURES — CONSERVATION AREAS No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: 1) Passive recreational areas, boardwalks, observation platforms. 2) Biking, hiking, health and nature trails, canoe launches, golf cart paths. 3) Water management facilities, roadway crossings and utility crossings. 4) Lighting and signage. 5) Any other activity or use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals or the City Community Development Director determines to be compatible with the intent of this district. 5.02B PERMITTED USES AND STRUCTURES — OPEN SPACE AREAS No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: 1) Parks, passive recreational areas, boardwalks, observation platforms. 2) Biking, hiking, health and nature trails, boat docks, fishing piers, canoe launches, boat storage, golf cart paths. 3) Equestrian paths. 4) Water management facilities and lakes, as approved by the South Florida Water Management District, roadway crossings and utility crossings. 5) Recreational shelters, active park facilities, and restrooms, off street parking, lighting and signage. (Revised 4111107) 26 Agenda Item No. 17D April 24, 2007 Page I 0 Or 150 6) Any other activity or use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals or the City Community Development Director determines to be compatible with the intent of this district. 5.03 DEVELOPMENT STANDARDS 1) Overall site design shall be harmonious with the area's natural characteristics. 2) All work proposed in wetland areas designated on the Master Plan shall be reviewed and approved by the Collier County Environmental Staff and appropriate county, state or federal regulatory or jurisdictional agency prior to the commencement of any such activity. 3) The County may request copies of permits from all appropriate regulatory agencies or jurisdictional agency prior to construction plan approval. Conservation areas shall be subject to jurisdictional agencies review and listed uses do not guarantee that those uses will be approved. 4) Standards for parking, landscaping, signs, guard houses, entrance gates and other land uses not specified herein are to be in accordance with Collier County Land Development Code regulations in effect at the time permits are requested unless otherwise specified herein. (Revised 4111107) 27 SECTION VI COMMERCIAL 6.01 PURPOSE Agenda Item No. 17D April 24, 2007 Page 140 of 156 The purpose of this section is to set forth the regulation for the area designated on Map H -1 MPUD Master Plan, as "C" Commercial "O /C" Office Commercial, "O" Office, and "Town Center'. These are areas located within a designated activity center, therefore permitted uses for these tracts are intended to be inclusive of all types allowed by the City of Naples and the Collier County LOC. 6.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: 1) Permitted Principal Uses and Structures for C, O /C, and Town Center Tracts: (a) Antique shops; appliance stores; art studios; art supply shops; automobile parts stores; automobile service stations without repairs *1; awning shops. (b) Bakery shops including baking; bait and tackle shops *2; banks and financial institutions, including drive -in windows; barber and beauty shops; bath supply stores; bicycle sales and services; blueprint shops; bookbinder; book stores; business machine services; business offices, building maintenance services and building supplies. (c) Cabinet shops, canteen services, building maintenance services, building supplies, carpet and floor covering sales — which may include storage and installation; car wash; child care centers; churches and other places of worship *1; clothing stores; cocktail lounges *1; commercial schools; confectionery and candy stores, concessions and vendors; civic and cultural facilities colleges, universities and schools; convalescent centers and nursing homes; computer sales and services *2. (d) Delicatessens; department stores; drug stores; dry cleaning, collecting and delivery; dry goods stores; drapery shops; department stores. (e) Electrical supply stores; express office; employment agencies; equipment rentals repair and sales including lawn mowers and power saws. (f) Farmers market *2, fish stores — retail only; florist shops; fraternal and social clubs *1; food markets; furniture stores; furrier shops. (g) Garden supply stores — outside display in side and rear yards *2; gift shops; glass and mirror sales — including storage and installation; gourmet shops; gunsmiths. (Revised 4111107) 28 Agenda Item No. 17D April 24, 2007 rage l4 1 or i oc (h) Hardware stores; health food store; homes for the aged; hospitals and hospices; hobby supply stores. (i) Ice cream stores, indoor commercial recreation, interior decorating showrooms. 0) Jewelry stores. (k) Laundries; laboratories, film research and testing; leather goods; luggage stores; linen supply shops; lithograph; laboratories; liquor stores; locksmiths; lakes and water bodies with seawalls and architectural bank treatments, or conventional lake banks. (1) Markets — food; markets — meat; medical offices and clinics; millinery shops; motion picture theaters; museums; music stores; mortgage brokers. (m) New car dealerships — outside display permitted; news stores; night clubs *2 *1. (n) Office — general — business, and professional; office supply stores. (o) Paint and wall paper stores; post offices; pet shops; photographic equipment stores; pottery stores *2; printing *2; publishing and mimeograph service shops *2; private clubs *2 *1; plumbing shops and supplies. (p) Radio, television and appliance sales and services; radio stations (offices and studios), and auxiliary transmitters and receiving equipments, but not principal transmission tower; research design and development; real estate offices; rest homes; restaurants — including drive -in or fast food restaurants and full service *1; retail sales of used goods; all uses permitted in Section III and IV of this Document — subject to development standards identified in those Sections. (q) Small scale retail sales other than shopping centers; shoe sales and repair; shopping centers *1; souvenir stores; stationery stores; supermarkets; sanatoriums. (r) Tailor shops; taxidermists; tile sales — ceramic tile; tobacco shops; toy shops; tropical fish stores; telephone exchange shops; transportation, communication and utility offices. (s) Variety stores; vehicle rentals, veterinarian offices and clinics — no outside kennels. (t) Watch and precision instrument sales and repair shops. (Revised 4111107) 29 Agenda Item No. 17D April 24, 2007 Page 142 of 156 (u) Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals or the City Community Development Director determines to be compatible in the district. (v) Any other commercial uses set forth in the City of Naples Development Agreement. 2) Permitted Uses and Structures for "0" (Office) Tracts: (a) Art studios (b) Banks and financial institutions, including drive -in windows; book stores; business offices. (c) Child care centers; churches and other places of worship; commercial schools; civic and cultural facilities; colleges, universities and schools. (d) Express office; employment agencies. (e) Fraternal and social clubs`1. (f) Homes for the aged; hospitals and hospices. (g) Laboratories; lakes and water bodies with seawalls and architectural bank treatments, or conventional lake banks. (h) Medical offices and clinics; mortgage brokers. (i) Office — general — business, and professional; office supply stores. 0) Private clubs'2. (k) Radio stations (offices and studios, and auxiliary transmitters and receiving equipment, but not principal transmission tower); research design and development; real estate offices; all uses permitted in Section III and IV of this document — subject to development standards identified in those Sections. (1) Transportation, communication and utility offices. (m) Veterinarian offices and clinics — no outside kennels. (n) Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Collier County Planning Services Manager or the City Community Development Director determines to be compatible in the district. (Revised 4111107) 30 Agenda Item No, 17D April 24, 2007 Page 143 or 166 3) Permitted Accessory Uses and Structures; Accessory uses and structures customarily associated with the uses permitted in this district. (a) Caretaker's residence'1. 6.03 Development Standards 1) Minimum Lot Area: Ten thousand (10,000) square feet. 2) Minimum Lot Width: One hundred feet (100') 3) Minimum Setback Requirements (Internal): (a) Front setback — Twenty feet (20'). (b) Side setback — None, or a minimum of five feet (5) with unobstructed passage from front to rear yard. (c) Rear setback — Fifteen feet (15). (d) Waterfront setback — Zero feet (0') to seawall, bulkhead, or rip rap, otherwise fifteen feet (15'). (e) Parcels with two frontages may reduce one front setback by ten feet (10'). 4) Minimum setbacks and buffer from external rights -of -way: (a) Golden Gate Parkway — Fifty foot (50') setback, Twenty foot (20') landscape buffer. (b) Airport Road and Livingston Road — Twenty foot (20') plus two feet (2') for every one foot (1') of building height; twenty foot (20') landscape buffer. 5) Maximum Height: Fifty (50) feet. 6) Minimum Floor Area of Structures: One thousand (1,000 square feet per building) on the ground floor. Kiosk vendors, concessions, and temporary or mobile sales structures are permitted to have a minimum structure of twenty -five (25) square feet, and are not bound by setback requirements. 7) Maximum Floor Area Ratios (FAR) for Commercial Uses: Based on gross leaseable floor area (GLFA) and acreage. Retail: .30 Project total 649,638 GLFA Office: .35 Project total 653,453 Gross Floor Area (Revised 4111107) 31 Agenda Item No. 17D April 24, 2007 Page 144 of 156 8) Distance Between Structures: Same as for side yard setback. 9) Standards for parking, landscaping, signs, guard houses, entrance gates and other land uses not specified herein are to be in accordance with Collier County Land Development Code regulations in effect at the time permits are requested unless otherwise specified herein. Unless otherwise indicated, setback, heights, and floor area standards apply to principal structures. 10) A twenty-five (25) foot landscape strip of land shall be provided along all arterial road commercial frontages. 11) The public internal loop road in the Northeast quadrant shall be constructed in accordance with Collier County standards. 12) An 8 -foot high wall may be installed on grade, on a landscape berm, on golf course mounding, or on driving range mounding, within a residential, golf course, club, golf facility or commercial parcel to buffer the commercial uses from the residential and other uses. *1 In accordance with LDC requirements for this type of use. '2 Northeast and Southeast quadrants only. (Revised 4111107) 32 SECTION VII GENERAL DEVELOPMENT COMMITMENTS 7.01 PURPOSE Agenda Item No. 17D April 24, 2007 P.&e 140 or 150 The purpose of this Section is to set forth the development commitments of the project. 7.02 MPUD MASTER PLAN 1) The P.U.D. Master Plan — Map N -1 is an illustrative preliminary development plan. The design criteria and layout illustrated on the Master Plan shall be understood to be flexible, so that, the final design may satisfy project criteria and comply with all applicable requirements of this Ordinance. 2) All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities. 3) Site design changes shall be permitted subject to Collier County and /or City of Naples staff administrative approval, where such changes are consistent with the intent of this MPUD and do not cause significant impact to surrounding properties abutting the Grey Oaks MPUD. 7.03 ENVIRONMENTAL 1) The developer shall be subject to Collier County Growth Management Plan Conservation and Coastal Management Element and applicable County ordinances. The 25% shall be monitored at each site clearing plan submittal. The developer shall receive credit from any phase where the 25% amount is exceeded to be applied to a phase where it is not. In any phase of development where credit toward the 25% is needed the developer shall delineate on the site clearing plan the percentage of viable naturally functioning native vegetation retained and /or areas of landscaping and open space which are planted with native species. The developer shall show the calculations on each site clearing plan which totals the overall 25% for the project build -out. The entire MPUD has been evaluated for native /viable vegetation at the time of platting or site development plan approval and such vegetated area has been determined to be 551.94 acres. This includes 13.31 acres of native vegetation within the Golden Gate Parkway right -of -way. The total assumes that the eastern -most parcel in the southeast quadrant contains 15.03 acres of native vegetation. [Preserving 25% requires 137.99 acres while 137.10 acres of native vegetation has been preserved.] The eastern -most parcel in the southeast quadrant shall provide .89 acres of native vegetation preserve to satisfy the 25% preservation requirement stipulated in Paragraph 7.03.1 above. See Drawings (Revised 4111107) 33 Agenda Item No. 17D April 24, 2007 Page 146 of 156 E -1 through E -4 locations of native vegetation. The required retained native vegetation shown on the preserve drawings, Exhibits E -1 through E -4 may be modified administratively by the Environmental Review Staff, providing that an equal area of existing native vegetation of equal or greater habitat value is provided in a preserve area that meets the requirements of the LDC in effect at the time of any such modification. To accomplish this, the property owner shall apply to the County and obtain approval for an amendment to the underlying SDP or plat and construction plans. 2) The developer shall obtain all necessary local, state and federal permits. Copies of appropriate jurisdictional delineations are required at the time of subdivision master plan per the County Engineer. 3) Protected plant species (butterfly orchid) and those which may be observed during each construction phase shall be protected from injury or relocated on site. The existing locations as well as the transplantation locations, if warranted, shall be identified on the site clearing plan for each phase of construction. 4) The developer must receive all appropriate state approvals for storing and handling hazardous materials prior to construction of the golf maintenance facilities. All hazardous materials will be stored in a central location, removed from the Gordon River headwaters or Golden Gate Canal. There will be no storage of hazardous materials that is in excess of two (2) days supply, at the satellite facilities. However, petroleum storage at these facilities shall be allowed, but only in above ground storage facilities constructed and maintained in accordance with EPA and FDER standards. The developer shall submit any required contingency plans approved by appropriate state and federal agencies for clean up and mitigation of unauthorized release of hazardous materials. 5) Buffers around protected wetlands shall comply with South Florida Water Management District criteria. 6) Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit (ERP) Rules and Regulations, as well as the U.S. Army Corps of Engineers Section 404 permitting program. Removal of exotic vegetation shall not be the sole means of mitigation for impacts to Collier County jurisdictional wetlands. 7) All conservation areas shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Conservation areas shall be dedicated on the plat to the project's homeowners' association, or like entity, for ownership and maintenance responsibilities, and to Collier County with no responsibility for maintenance. (Revised 4111107) 34 Agenda Item No. 17D April 24, 2007 Pdyt 14f Or 15u 8) An exotic vegetation eradication, monitoring, and maintenance (exotic free) plan for the site, with emphasis on conservation /preservation areas, shall be submitted to the Environmental Staff for review and approval prior to final site plan /construction plan approval. 9) The developer shall coordinate protected wildlife species issues through the ERP and Corps Section 404 permit review process and comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (FWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) made part of any ERP or Section 404 permit issuance. Where protected species occur on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan /construction plan approval. 7.04 WATER MANAGEMENT 1) 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. 2) 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 return frequency. 3) An excavation permit shall be required for the proposed lake(s) in accordance with applicable County ordinances and SFWMD Rules. Several of the lakes proposed do not meet the minimum setback requirements of County ordinances. The Master Plan shall be revised to meet the minimum setback requirements or documentation shall be provided during the subdivision master plan process to allow a reduction in the setback with appropriate barriers provided. 4) The lake and swale typical cross - sections shall conform to all applicable County ordinances. 5) Detailed site drainage plans of each drainage sub -basin shall be submitted to the Environmental Advisory Board, or its successor, for review. No construction permits shall be issued unless and until approval of each individual drainage sub - basin is granted by the Engineering Review Services. 6) An executed agreement between the applicant, Big Cypress Basin and the South Florida Water Management District, detailed plans and associated documentation relating to the installation of the new control structure and the relocation of the existing amil gate structure including back pump facilities shall be submitted to Engineering Review Services for review prior to construction plan approval. (Revised 4111107) 35 Agenda Item No. 17D April 24, 2007 Page 148 of 156 7) A copy of the South Florida Water Management District Conceptual Permit or favorable staff report shall be required prior to subdivision master plan approval. 8) A copy of South Florida Water Management District Permit or Early Work Permit is required priorto construction plan approval. 9) Documentation from Florida Power and Light allowing use of their right -of -way for the purposes of water management shall be provided prior to subdivision master plan approval. 10)This approval does not constitute agreement by the County to any control elevation or discharge rate. All agreements shall be made with South Florida Water Management District/Big Cypress Basin. 7.05 TRANSPORTATION 1) The developer shall provide appropriate left and /or right turn lanes on Airport Road, Golden Gate Parkway and Livingston Road at all project accesses. This provision shall be permitted and implemented along with a corresponding site development plan or plat. 2) The developer shall provide arterial level street lighting at all project accesses. This provision shall be permitted and implemented a long with a corresponding site development plan or plat. 3) The developer shall provide a fair share contribution toward the capital cost of traffic signals, including interconnection where applicable, at any project access when deemed warranted by the County. The signals will be owned, operated and maintained by Collier County. 4) Livingston Road Right of Way Dedication: a) The developer shall dedicate sufficient right of way north of Golden Gate Parkway to establish a right -of -way corridor 120 feet in width along the entire length of the developer's property, taking into consideration the existing Livingston Road right -of -way easement. Additional right -of -way within the Florida Power and Light easement may be required subject to approval and releases by Florida Power and Light. The developer shall pay, or may utilize reduction of existing impact fee credits in the amount of $30,000 in full satisfaction of the developer's obligation to reimburse the County for the County's costs in negotiating and obtaining any approval and releases by Florida Power and Light necessary to fulfill the 120 foot right -of -way width requirements. b) The developer shall dedicate 50' feet or road right of way south of Golden Gate Parkway along the length of the developer's property. In addition, for a (Revised 4111107) 36 Agenda Item No. 17D April 24, 2007 Payea 140 of IGO distance of 200 feet south of Golden Gate Parkway, the developer shall dedicate an additional 50 feet in width immediately west of the aforementioned right -of -way. Said additional 50 feet in width may be in the form of a 25 foot wide road right -of -way dedication and 25 foot wide easement for drainage, water management, landscaping, and bikepath use. For the next 800 feet south of Golden Gate Parkway, the developer shall dedicate a strip of land tapering from 50 feet in width in the north to 0 feet in width in the south, in a diminishing line immediately west of the aforementioned right -of -way. Said additional property shall, to the extent it exceeds 25 feet, be in the form of an easement for drainage, water management, landscaping, and bikepath use. The "easements" (as opposed to the dedications) specified herein may be used to satisfy all or part of the setback, and buffer requirements for the adjacent property. The land to be dedicated by the developer, as described above, consists of a total of 3.891 acres, and is identical to parcels 137 and 937 which are the subject of a Stipulated Order of Taking, dated July 24, 1998, entered in Collier County Circuit Court Case No. 98 -1635 CA. The developer and County agree that the developer shall be entitled to impact fee credits for the 3.891 acres comprising parcels 137 and 937 at the rate of $85,000 per acre for a total credit of $330,735 for this additional land dedication. c) The requirement in Grey Oaks DRI Development Order 90 -3 at paragraph 5.c. (iv) that the applicant build Livingston Road from Golden Gate Parkway south to the beginning of the northern approach to the bridge over the Golden Gate Canal (based upon the cost of a two lane rural roadway) shall be fully satisfied by the reduction of existing or future impact fee credits, in the amount of One Hundred Eighty -Five Thousand Dollars ($185,000). 5) The developer shall dedicate 40 feet of right -of -way along the north side of Golden Gate Parkway west of Airport Road along the entire length of the developer's property, shall incorporate the Golden Gateway Parkway drainage into the water management system of the developer's project, and shall accept all drainage from both a quality and quantity standpoint. 6) The developer shall dedicate 40 feet for right of way on each side of Golden Gate Parkway between Airport Road and Livingston Road within four (4) months of a written request from the County. 7) Collier County reserves the right to expand the lanes on Airport Road by adjusting the cross section of the existing canal to incorporate road run off in the lake system. 8) The developer shall dedicate sufficient right -of -way at the intersection of Airport Road and Golden Gate Parkway to allow a grade separated urban interchange with Golden Gateway Parkway being the grade separated roadway. (Revised 4/11/07) 37 7.06 Agenda Item No. 17D April 24, 2007 Page 150 of 156 9) All traffic control devices used, excluding street name signs, shall conform with the Manual on Uniform Traffic Control Devices as required by Chapter 316.0747, Florida Statues. 10) If Collier County adopts a proportionate share or area -wide transportation assessment program, or modifies its Impact Fee Ordinance, to provide additional credit for right -of -way dedication, the developer shall be entitled to such a credit towards the 25 acres more or less of dedication. It is understood that the total amount of land involved in these dedications is equal to 25 acres more or less. 11) The number, type, and location of, and allowable changes to project access intersections with County roads shall be as set forth in Exhibit D -1 to the Grey Oaks DRI /Grey Oaks Development Order. 12) Impact fee payments shall be made to Collier County pursuant to the Impact Fee Ordinance in effect at the time of relevant permit application. 13) The County and the developer shall explore whether it would be in their individual best interests and mutual advantage for the developer to incorporate some of the storm water discharge from Golden Gate Parkway into the water management system for the southeastern quadrant of Grey Oaks. In the event the parties agree that it is in their respective best interest, cost sharing or impact fee credits may be used to recompense the developer for costs associated with said conveyance or storage. UTILITIES 1) The water distribution system and appurtenant facilities to serve the project shall be designed, constructed, conveyed, owned and maintained pursuant to the requirements of the City of Naples. 2) The sewage collection, transmission and treatment and disposal facilities to serve the portions of the project on the west side of Airport Road shall be designed, construction, conveyed, owned, and maintained pursuant to the requirements of the City of Naples. 3) Provisions for sewer service to those portions of the project lying on the east side of Airport Road shall be as follows, unless a service area modification is approved between the City of Naples and the Collier County Water -Sewer District prior to the submissions of subdivision master plan applications to Collier County for the project. a) The sewage collection and transmission and interim sewage treatment facilities to serve the portions of the project on the east side of Airport (Revised 4/11/07) 38 Agenda Item No. 17D April 24, 2007 r'.9. 151 of IUO Road are to be designed, constructed, conveyed, owned and maintained in accordance with applicable county ordinances and regulations. b) All customers connecting to the 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. Should the County not be in a position to provide sewer service to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's off -site water and /or sewer facilities are available to serve the project. C) It is anticipated that the County Utilities Division will ultimately receive and treat the sewage generated by this project. Should the County system not be in a position to receive the project's wastewater, at the time development commences (that generates wastewater), the developer, at its expense will install and operate interim on -site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. An agreement shall be entered into between the County and the developer, its assigns or successors, regarding any interim treatment facilities to be utilized. The agreement must be legally sufficient to the County, prior to the approval of construction documents for the project and be in conformance with applicable County ordinances. d) The utility construction documents for the project's sewerage system shall be prepared to contain the design and construction of the on -site force main, which will ultimately connect the project to the future central sewerage facilities of the District in the Airport Road rights -of -way. The force main must be extended from the main on -site pump station site to the east right -of -way line of Airport Road and capped. It shall be interconnected to the pump station with appropriately located valves to permit for simple redirection of the project's sewage when connection to the County's central sewer facilities becomes available. e) Prior to the approval of construction documents that provide for development that generates wastewater by the County, the developer shall present verification pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the developer to provide the service through its sewer facilities. f) The project's developer(s), their assigns or successors shall negotiate an Agreement with the Collier County Water -Sewer District for the use of treated sewage effluent within the project limits for irrigation purposes. The developer shall be responsible for providing all on -site piping and pumping facilities from the County's point of delivery to the project and negotiate with the County to provide full or partial on -site storage facilities, (Revised 4111107) 39 Agenda Item No. 17D April 24, 2007 Page 152 of 156 as required by the DEP, consistent with the volume of treated wastewater to be utilized. g) All subdivision master plans shall identify the location of interim wastewater treatment facilities required. In addition, documentation shall be provided to verify that the site is of adequate size for the facility intended. 7.07 SIGNAGE 1) General a) All County sign regulations shall apply unless such regulations are in conflict with the conditions set forth in this section. b) For the purpose of this MPUD Document/Ordinance, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. C) Should any of the signs be requested be placed within the public right -of- way, a right -of -way permit shall be applied for and approved. d) All signs shall be located so as not to cause sight distance problems. 2) Entrance Signs a) Two (2) signs with a maximum area of 60 square feet each or one (1) sign with a maximum area of 100 square feet shall be permitted at each entrance of the development. b) Entrance signs shall not exceed a height of fifteen (15) feet above the finished ground level of the sign site. c) Entrance signs may be lighted provided all lights are shielded. 3) Project Signs a) Project signs, designed to promote the project, or any major use within the project shall be permitted along the east and west sides of Airport Road, the north and south side of Golden Gate Parkway, and the west side of Livingston Road, and on all tracts within the Grey Oaks MPUD limits subject to the following conditions: (Revised 4111107) 40 Agenda Item No. 17D April 24, 2007 Page 153 of 156 Project signs shall not exceed a height of twenty (20) feet above the finished ground level of the sign site nor shall the overall area of the sign face exceed one hundred (100) square feet. ii. A maximum of fourteen (14) project signs shall be permitted. Six (6) located along Airport Road frontage, four (4) each located along Golden Gate Parkway and Livingston Road frontage. The location of such signs shall generally be limited to a one - quarter mile spacing requirement unless existing vegetation requires a closer spacing. An additional 5 intersection signs shall be permitted at the intersections of Golden Gate Parkway with Airport Road and Livingston Road. Project signs may be lighted provided all lights are shielded. 7.08 ENGINEERING 1) 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 Engineering Review Services. 2) Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Ordinances regulating subdivisions, unless otherwise approved as an exception to said regulations during subdivision approval. 3) Platting shall be accomplished when required by Collier County Ordinances regulating subdivisions. 4) Work within Collier County right -of -way shall meet the requirements of the applicable County ordinance. 5) Internal access into tracts as shown on the MPUD Master Plan is informational only. Exact locations shall be determined during subdivision or site development plan approval. 7.09 EXCEPTIONS TO SUBDIVSION REGULATIONS Exceptions to subdivision regulations shall be requested at the time of application for subdivision approval in accordance with applicable subdivision regulations in effect at the time of development. 7.10 SCHOOL DISTRICT (Revised 4111107) 41 7.11 7.12 7.13 Agenda Item No. 17D April 24, 2007 Page 154 of 156 The applicant shall dedicate a fifteen (15) acre school site to the Collier County School District at a location (off -site) agreed upon between the developer and the School District. FIRE STATION /EMS SITE The developer has conveyed a 1.5 acre site for use by the North Naples and the East Naples Fire Districts, together with Collier County Emergency Medical Services Department. The site was conveyed in fee simple, subject to the following conditions: 1) The site shall revert to the owner, or subsequent owner, if it is not utilized for a fire and rescue facility for at least five (5) years. 2) If either fire district or the Emergency Medical Services Department adopts impact fees the developer shall be entitled to impact fee credit for the dedicated site based on the fair market value on the date of dedication. AFFORDABLE HOUSING Naples Grande Holdings, LLC shall commit to providing $1,000 per approved residential dwelling unit located within property controlled by Naples Grande Holdings, LLC. Payment shall be made to the Collier County Affordable Housing Trust Fund at the time issuance of the certificate of occupancy. This $1,000 shall be credited toward any additional affordable housing linkage fees that may be in effect at the time of site development plan approval. DEVELOPMENT OF REGIONAL IMPACT The developer, its successors in interest, and all future assigns or designees, shall adhere to all commitments made in the Development of Regional Impact (DRI) Application for Development Approvals (ADA), sufficiency responses, and attachments for this amendment and all previously adopted DR[ Development Order (DO) actions for this project. (Revised 4/11/07) 42 p :. Agenda Item No. 17D April 24, 2007 Page 155 of 156 rtm f-1 099110100 @1 115116111111 loll all III �r 'Pill ANO UP PUD MASTER PLAN -MAP H-t PLE'ARLD FOR NAPLES oRANDE HOLDINGS, LLC 4d I w i r a Agenda Item No. 17E April 24, 2007 Page 1 of 132 EXECUTIVE SUMMARY PUDZ - 2006 -AR -9150 Livingston Village, LLC., Kerry Kubacki for Livingston Village, LLC, and Tammy Turner Kipp of Vanderbilt Holdings II, LLC, represented by Robert L. Duane, AICP, of Hole Montes, Inc., requesting a rezone from the "A" Rural Agriculture zoning district to a "MPUD" Mixed -Use Planned Unit Development to be known as the Bradford Square MPUD for property located on the northeast corner of Livingston Road (CR -881) and Vanderbilt Beach Road (CR -862), in Section 31, Township 48 South, Range 26 East, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BCC) review staff's findings along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced rezone petition and ensure the project is in harmony with all the applicable codes and regulations in order to make certain that the community's interests are maintained. CONSIDERATIONS: The petitioner wishes to rezone the subject 9.19+ acre site from the currently zoned Rural Agriculture (A) Zoning District, to a Mixed -Use Planned Unit Development (MPUD), to be known as Bradford Square MPUD. The proposed request is for a maximum of 100,000 square feet of retail or office space and ten multi - family residential units at a density of approximately one (1.08) dwelling unit per acre. The property is located at the northeast corner of Livingston Road (CR -881) and Vanderbilt Beach Road (CR -862). The MPUD Master Plan reflects approximately 820 feet of frontage on Vanderbilt Beach Road (CR -862) and approximately 470 feet of frontage on Livingston Road (CR -881). The subject property is located in the Vanderbilt Beach Road Neighborhood Commercial Subdistrict, which allows for a mix of residential, business and office uses. This MPUD establishes compliance with the Future Land Use Element (FLUE) by adding a limited range of convenience retail or service establishments to serve the surrounding neighborhood, which are not permitted under the current zoning. FISCAL IMPACT: The rezone by and of itself, will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the rezone is approved, a portion of the land could be developed. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to Page I of 7 Agenda Item No. 17E April 24, 2007 Page 2 of 132 meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay 50 percent of the estimated Transportation Impact Fees associated with the project. Other fees collected prior to issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Please note that the inclusion of impact fees and taxes collected are for informational purposes only; they are not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN IMPACT: The subject property is designated Vanderbilt Beach Road Neighborhood Commercial Subdistrict on the Future Land Use Map of the Growth Management Plan (GMP). The Subdistrict consists of two parcels comprising approximately 17 acres; the subject property is known as Parcel (1) and is 9.18± acres. According to this Subdistrict, allowable uses shall be the following: retail, personal service, restaurant, office, and all other uses as allowed, whether by right or by conditional use, in the C -1 through C -3 zoning districts as set forth in the Collier County Land Development Code (LDC). Prohibited uses shall be gas stations and convenience stores with gas pumps, and certain types of fast food restaurants. Based upon the above analysis and review, Comprehensive Planning staff concludes the proposed rezone may be deemed consistent with the Future Land Use Element. AFFORDABLE HOUSING IMPACT: The petitioner has not committed to any contribution that will offset impacts on affordable housing. TRANSPORTATION ISSUES: Transportation Division staff has reviewed the Traffic Impact Statement (TIS) for the Bradford Square MPUD. The proposed development is for 100,000 square feet of retail and office use along with ten (10) residential dwelling units. This project would add approximately 480 new PM two -way trips. The remaining capacity of Livingston Road (CR -881) is 2,279 peak hour /peak direction trips and the link is operating at Level of Service (LOS) B. Vanderbilt Beach Road (CR -862) will have a peak hour /peak direction remaining capacity of 2,281 trips upon completion of the current widening project and will operate at LOS B. This proposed development has been deemed consistent with the Transportation Element of the Growth Management Plan (GMP). The project will be evaluated for any additional operational impacts as part of the appropriate development order review. ENVIRONMENTAL ISSUES: Page 2 of 7 Agenda Item No. 17E April 24, 2007 Page 3 of 132 Environmental Services staff has reviewed the petition and notes that the applicant has complied with staff's recommendations and all safeguards have been addressed within the MPUD Document and, for this reason, the rezone is consistent with the GMP and LDC. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not review this petition because the LDC requirement grants an Environmental Impact Statement (EIS) waiver on properties of less than 10 acres and the subject site is 9.18E acres. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The Collier County Planning Commission (CCPC) heard the petition on April 5, 2007 and with an 8 -0 vote recommended to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval with conditions to revise the MPUD document to remove redundant language. The applicant has complied and incorporated the conditions into the MPUD document. Because the CCPC approval recommendation was unanimous, this petition can be placed on the Summary Agenda. ZONING STAFF ANALYSIS: Staff from the Department of Zoning and Land Development Review has completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCC) must be based. The staffs considerations are based on the listed criteria in Sections 10.03.05 and 10.02.13 of the LDC. These evaluations were completed as separate documents, which were incorporated into the staff report. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: Staff reviewed this petition and how it relates to site layout, the orientation and location of building footprint, open space, parking and other development features such as traffic and access, drainage, sewer, water in relation to the physical characteristics, zoning and land use of the site and surrounding properties and has deemed it suitable for a MPUD rezone. Con: The petitioner is requesting two deviations from the LDC. 1) To allow the access onto Livingston Road (CR -881) at 420 feet from the intersection of Livingston Road (CR -881) and Vanderbilt Beach Road (CR -862). This access point was agreed to as part of a stipulated final judgment that involved Collier County, Florida vs. Tiburon Golf Ventures L.P., et al. The LDC requires a minimum spacing of 1,320 feet from the intersection for access. 2) LDC Section 5.03.02 requires that a wall shall be constructed whenever a nonresidential development lies contiguous to, or opposite, a residentially zoned district. Page 3 of 7 Agenda Item No. 17E April 24, 2007 Page 4 of 132 Findings: The proposed rezone complies with the goals of the Growth Management Plan (GMP) because the proposed development abides by the Vanderbilt Beach Road Neighborhood Commercial Subdistrict designation which encourages mixed -use development of commercial, retail and residential land uses. Collier County staff will have to review any future development orders to ensure compliance with the Growth Management Plan (GMP) and Land Development Code (LDC). Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). Pro: Staff has reviewed the petition and provided an analysis of the MPUD rezone in the staff report. The subject property is located in the Vanderbilt Beach Road Neighborhood Commercial Subdistrict is intended to be mixed -use in character, which permits office and retail land use with residential dwelling uses. Con: The Mixed -Use Activity Center concept is designed to concentrate new commercial zoning in locations where traffic impacts can be readily accommodated. The purpose of this type of Urban Commercial District is to accommodate higher densities for properties not located within the Urban Coastal Fringe or Urban Residential Fringe Subdistrict. The Subdistrict allows for mixed -use development, residential density limited to 16 dwelling units per acre. Bradford Square MPUD consists of 9.18± acres and is requesting a density of 1± dwelling units per acre which is considerably less than the intended and permitted density. Findings: The subject petition has been found consistent with the goals, objectives and policies of the GMP. The staff report provides further details about how the project is deemed consistent with the GMP. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan. Pro: The Comprehensive Planning Departme Planned Unit Development (MPUD) rezone is (FLUE) of the Growth Management Plan (GMP). Con: None. nt has indicated that the proposed Mixed -Use consistent with the Future Land Use Element Findings: The proposed rezoning from Rural Agriculture (A) to a MPUD is consistent with the FLUE. The future land use is to promote infill development that uses innovative land use techniques to promote the flexibility of development within the County. This project offers a mix of commercial retail and residential development, which creates opportunities for residents to enjoy a small town environment and the use of alternative transportation nodes. Whether the proposed change will adversely influence living conditions in the neighborhood. Page 4 of 7 Agenda Item No. 17E April 24, 2007 Page 5 of 132 Pro: The proposed MPUD rezone will not adversely affect living conditions in the area given that the petition is compatible with the existing land use in the surrounding area. Con: The rezone will increase the intensity of the traffic within the area. Findings: The County's land use policies that are reflected by the Future Land Use Element of the GMP supports an action to allow mixed use development that is being requested in this location. Also, the site will include adequate landscaping, setbacks and buffering for the development. Furthermore, these standards are consistent with the land uses already in the area. LEGAL CONSIDERATIONS: This is a site specific rezone from the Rural Agriculture (A) Zoning District to a Mixed -Use Planned Unit Development (MPUD) Zoning District, to be known as Bradford Square MPUD. Site specific rezones are quasi - judicial in nature. As such, the burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denying the rezone, to determine that such denial would not be arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Criteria for PUD Rezones Ask- yourself the following questions. The answers assist you in making a determination for approval or not 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the county attorney. 3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? Page 5 of 7 Agenda Item No. 17E April 24, 2007 Page 6 of 132 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ( "reasonably ") be used in accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? Page 6 of 7 Agenda Item No. 17E April 24, 2007 Page 7 of 132 23. Consider: Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed PUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition PUDZ- 2006 -AR- 9150. Subject to the conditions of approval that have been incorporated into the MPUD document. PREPARED BY: Melissa Zone, Principal Planner Department of Zoning and Land Development Review Page 7 of 7 Agenda Item No, 17E April 24, 2007 Page 8 of 132 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 17E Item Summary: This Item requires that all participants be sworn In and ex pane disclosure be provided by Commission members. Petition'. PUDZ- 2006 -AR -9150 Kerry Kubacki for Livingston Village, LLC. and Tammy Turner Kipp of Vanderbilt Holdings IL LLC, represented by Robert L. Duane, ATOP. of Hole Mores, Inc , is requeetmo a rezone from the currently zoned A Rural Agriculture with a Conditional Use (CU) overlay to MPUD Mixed Use Planned Unit Development. The proposed rezone request Is for up to 100.000 square feet of retail or office space and ten multi family units, the protect Is to be known as Bradford Square MPUD_ The subject propeny is 9.18 acres located at 14258 Livingston Road, north east comer of Livmgston Road and Vanderbilt Beach Road, Section 31, Township 48 South, and Range 26 East Calker County. Flodde. Meeting Date: 4/24/2007 9:00'.00 AM Prepared By Melissa Zone Principal Planner Data Community Development & Environmental Services Zoning & Land Development Review 416120074:45:16 PM Approved By Judy Rule Operations Analyst Data Community Development a Community Development& Environmental Services Environmental Services Admin. 416120075: 00 PM Approved By Ray Bellows Chief Planner Date Community Development S Environmental Servicoa Zoning & Land Development Review 419120071:43 PM Approved By Marlene Stewart Executive Secretary Date a Community Development& Community DevolopmentI Environmental Services Environmental Services Atlmi, 419120072A9 PM Approved By Susan Murray, AICP Zoning & Land Development Director Data Conunun0y Development & Environmental Services Znning & Land Development Review 411012007 11:10 AM Approved By Marjorie M. Student Saturn, Assistant County Attorney Data County Attorney County Attorney Office 411012007 292 PM Approved By Norm E Feder,AICP Tansportatlon Division Administrator Date Transportation Services Transportation Services Atlmin, 4110120072:19 PM Approved By Donald L. Scott Transportation Planning Director Date Transportation SOMces Travail., On Planning 4110120074:44 PM Approved By Community Developmem a Jmeph K. scnmi8 Environmental Servic Adnstmter es mi Date Community Development& Commund, Development& Environmental 5ervlces Environmental Services Admin, 4112120074: 42 no Approved By OMB Coordinator Administrative Assistant Date County Manager's Offee Office of Management& Budget 4113120079:25 AM Approved By Mark Iaackson Budget Analyst Date a County Manager's Offce Office of Management& Butner 4113120076:17 PM Approved By James V. Mudd County Manager Data Board of County Citemisssul County Mi nagefa Once 411612007 3:14 PM Agenda Item No. 17E April 24, 2007 Page 9 of 132 Co*-r County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: APRIL 5, 2007 SUBJECT: PETITION PUDZ - 2006 -AR -9150, BRADFORD SQUARE MPUD CONTRACT: Kerry Kubacki, PURCHASER Livingston Village, LLC 2055 Trade Center Way Naples, FL 34109 AGENT: Robert L. Duane, AICP Hole Montes, Incorporated 950 Encore Way Naples, FL 34110 REQUESTED ACTION: OWNERS: Vanderbilt Holdings II, LLC Tammy Turner Kipp and Amy Tumer 6625 New Haven Circle Naples, FL 34109 The petitioner is requesting a rezone from the currently zoned Rural Agriculture (A) Zoning District, to a Mixed -Use Planned Unit Development (MPUD), to be known as Bradford Square MPUD. GEOGRAPHIC LOCATION: The subject property is located at 14258 Livingston Road, in the northeast corner of Livingston Road (CR -881) and Vanderbilt Beach Road (CR -862), in Section 31, Township 48 South, and Range 26 East, Collier County, Florida. (See attached location map on the following page) To be switched out for Location May PUDZ- 2006 -AR -9150 Bradford Square MPUD April 5, 2007 CCPC Hearing Page I of 8 Agenda Item No. 17E April 24, 2007 Page 10 of 132 PURPOSE/DESCRIPTION OF PROJECT: PUDZ- 2006 -AR -9150 Bradford Square MPUD April 5, 2007 CCPC Hearing Page 2 of 8 Agenda Item No. 17E April 24, 2007 The subject 9.18± acre site is currently undeveloped. The petitioner proposes to develop a Nligred- i1Je132 Planned Unit Development (MPUD) to permit the development of 100,000 square feet of office and retail uses and 10 residential dwelling units at a density of one (1.08) dwelling unit per acre. The Vanderbilt Beach Road Neighborhood Commercial Subdistrict allows for a mix of residential, business and office uses, where a limited range of convenience retail or service establishments designed to serve the surrounding neighborhood would normally not be permitted. The intent of the MPUD is to provide these types of land uses that will serve the emerging residential development. The MPUD Master Plan (Exhibit A) illustrates that the project has approximately 820 feet of frontage on Vanderbilt Beach Road (CR -862) and approximately 470 feet of frontage on Livingston Road (CR -881). SURROUNDING LAND USE AND ZONING: Subject Parcel: Vacant, zoned Agriculture with a Conditional Use Overlay (CU) Surrounding- North: Pelican Marsh Planned Unit Development (PUD), zoned PUD South: Vineyards Planned Unit Development (PUD), zoned PUD East: Dog Boarding Facility, zoned Agriculture (A) West: Pelican Marsh Planned Unit Development (PUD), zoned PUD J ► I � I L p �y ':F'-WILSN7RFLAKES : i P.,U D I E11— fdn'APR H PUD °�° .l �, r '� P�_D_ 0 PEL CA A(M..A RShI — VAA(DER3R7 7R+1S7,-7NFlh � s _ I I t, I_ PUD h ,` r mvr' - I 7 ^ AN OERBIL -T REA%;H -RU r lltl i � µuuLlluuuu 15 �' VNVEYARDS PUU - ".R:• r''nj� �^ �, r�n�7 -,�' ,��II II ,•�J t„� ��u���1�11�11� VBuEYARDS�, I' / -IT R415 HtlLL LN 4pU D,\ ` r S= OAK GROVE KID PUD GROWTH MANAGEMENT PLAN (GMPI CONSISTENCY: PUDZ- 2006 -AR -9150 Bradford Square MPUD April 5, 2007 CCPC Hearing Page 3 of 8 Agenda Item No. 17E April 24, 2007 Future Land Use Element (FLUE): The subject property is designated Vanderbilt BERCh 1&Ua`d132 Neighborhood Commercial Subdistrict (Exhibit C). The Subdistrict consists of two parcels comprising approximately 17 acres; the subject property is known as Parcel (1) and is 9.18± acres. According to this Subdistrict, allowable uses shall be the following: retail, personal service, restaurant, office, and all other uses as allowed, whether by right or by conditional use, in the C -1 through C -3 zoning districts as set forth in the Collier County Land Development Code (LDC), in effect as of the date of adoption of this Subdistrict (Ordinance 2005 -25 adopted on June 7, 2005). Other allowable uses include those comparable and/or compatible land uses not found specifically in the C -1 through C -3 zoning districts, which are limited to: general and medical offices, government offices, financial institutions, personal and business services, limited indoor recreational uses, and limited retail uses; mixed -use development (residential and commercial uses). The maximum floor area for any single, commercial user shall be 20,000 square feet. Prohibited uses shall be gas stations and convenience stores with gas pumps, and certain types of fast food restaurants. Based upon the above analysis and review, Comprehensive Planning staff concludes the proposed rezone may be deemed consistent with the Future Land Use Element. Transportation Element: Transportation Planning staff has reviewed the petition's Traffic Impact Statement (TIS) and the RPUD document to ensure the appropriate language was added to address the project's potential traffic impacts and to offer a recommendation regarding GMP Transportation Element, Policy 5.1. That policy requires the review of all rezone requests with consideration of its impact on the overall transportation system and specifically notes that the county should not approve any request that significantly impacts a roadway segment already operating, or is projected to operate at an unacceptable Level of Service (LOS) within the five -year planning period, unless specific mitigating stipulations are approved. A traffic analysis was conducted to determine if the project significantly impacted the local road network. The TIS indicates that the project will generate approximately 5,185 average daily trips at a build -out in 2011. The surrounding roadway network was analyzed on the basis of projected build -out traffic conditions. Based upon the TIS submitted, all roadway segments that will be impacted as a result of the Bradford Square MPUD will operate at an acceptable level of service. Therefore, PUDZ- 2006 -AR -9150 is consistent with GMP Transportation Element Policy 5.1 and Transportation Staff recommends approval of this petition. Common Areas: The MPUD does not provide public open -space other than the preserve area shown on the Master Plan. Also, no building or structures shall be erected in the preserves, as depicted on the Master Plan of the MPUD document. ANALYSIS: Staff completed a thorough evaluation of this land use petition and the criteria on which a favorable determination is based. The criteria are specifically noted in Section 10.02.13 and Section 10.03.05 of the Land Development Code and required staff evaluation and comment. The Planning Commission to the BCC will also use the criteria as the basis for their recommendation. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are summarized by staff, culminating in a determination of compliance, non - compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report as Exhibit "A" and Exhibit `B ". PUDZ- 2006 -AR -9150 Bradford Square MPUD April 5, 2007 CCPC Hearing Page 4 of 8 Agenda Item No. 17E April 24, 2007 Environmental Analysis: Environmental Services staff has reviewed the petition and noPmdrAD Ofel32 applicant has complied with staff s recommendations and all safeguards have been addressed within the MPUD Document and, for this reason, the rezone is consistent with the GMP and LDC. The EAC did not review this petition since the LDC requirement grants an Environmental Impact Statement (EIS) waiver on properties less than 10 acres in size and the property is 9.18± acres. Utility Analysis: This project is located within the Collier County Water -Sewer District boundary. As a condition of this acceptance, any portion of the MPUD to be developed shall be required to comply with Ordinance 2004 -31. The development shall be subject to application for and conditions associated with a water and sewer availability letter from Collier County Utilities Division. Transportation Analysis: The Transportation Division has required the developer to provide a bus stop to be incorporated into the Vanderbilt Beach Road Right -of -Way. The bus shelter location and design shall be coordinated with and approved by the Collier County ATM Department. A detailed plan of the shelter shall be included in the submittal for the first Site Development Plan application for this project. The shelter shall be constructed by the applicant and will be complete prior to issuance of the first Certificate of Occupancy (CO). Zoning and Land Development Review Analysis: Based on staff's review of the proposed project and the adjacent existing and anticipated land uses, Bradford Square MPUD is compatible to the surrounding property as well as consistent with the GMP and LDC. The request is to rezone 9.18± acres from Rural Agricultural (A) Zoning District to a MPUD. The Conditional Use (CU) was for a church, was granted on June 23, 1998 and expired on June 23, 1999 (CU -98 -4 Resolution 99 -265). The CU was to allow for a house of worship that would have held 1200 seats for the congregation and a day care facility that would have provided for the care of 200 students. The subject site is surrounded by two approved Development of Regional Impact (DRI) projects. Located north and west of the subject site is the Pelican Marsh PUD (DRI 93 -1), which was approved for 4,800 mixed residential dwelling units at a gross density of 2.16 dwelling units per acre and 676,800 commercial square feet. South of the subject site is the Vineyards PUD (DRI 94 -2), which was approved for 5,608 mixed residential dwelling units at a gross density of 3.02 dwelling units per acre and 600,000 commercial square feet. The maximum development intensity shall be for retail or office space at a gross leasable area of 100,000 square feet with a size limitation on any single commercial use shall be limited to a maximum of 20,000 square feet of floor area. The maximum building height is thirty -five (35) feet which is comparable to the surrounding commercial structures in the area. The project entrances will be located along the north side of Vanderbilt Beach Road (CR -862) and on the east side of Livingston Road (CR -881), approximately 420 feet from the intersection of Livingston Road (CR -881) and Vanderbilt Beach Road (CR -862). The petitioner and the County agreed to this access point as documented in the stipulated final judgment involving Collier County, FL vs. Tiburon Golf Ventures L.P., et al. case # 04- 4678 -CA. Requested Deviation from the Land Development Code (LDC): The petitioner is also requesting approval of two deviations from the LDC requirements. Staff evaluated the deviation requests and recommends approval of both deviations as noted below: PUDZ- 2006 -AR -9150 Bradford Square MPUD April 5, 2007 CCPC Hearing Page 5 of 8 Agenda Item No. 17E April 24, 2007 Deviation 1 seeks relief from the Collier County Access Management Policy Resoluti6v(01Q247132 which requires an access location at a minimum spacing of 1,320 feet from the intersection of Livingston Road. Petitioner's Justification: This deviation is appropriate due to the size of the parcel; the access onto Livingston Road is to be located approximately 420 feet from the intersection of Livingston Road and Vanderbilt Beach Road. This access point was agreed to as part of the above stipulated final judgment. Staff Analysis and Recommendation: Transportation Division staff has reviewed Deviation 1 and found it appropriate because of the final judgment. Deviation 2 seeks relief from the LDC Section 5.03.02 Fences and Walls which requires a nonresidential development which lies contiguous to or opposite a residentially zoned district, said nonresidential development shall provide a masonry wall or prefabricated concrete wall and/or fence. Petitioner's Justification: The buffer areas shown on the MPUD Master Plan are presumed to provide sufficient screening and buffering and shall provide the same level of screening as the LDC requirement for a wall after the exotic removal is completed. Staff Analysis and Recommendation: Zoning and Land Development Review staff has reviewed Deviation 3 and found it appropriate because Tiburon Golf Course is adjacent to the north boundary, separating this parcel from the residential portion of the Pelican Marsh PUD. The property to the east is zoned Agriculture with the Best Friends Pet Resort located on the property. Also, the location of the preserves and the dry detention area is immediately adjacent to the eastern property line. This provides more then adequate buffering to the parcel located on the eastern property line. NEIGHBORHOOD INFORMATION MEETING INIMI: The applicant held the required NIM on November 27, 2006 at 5:30 p.m. at the First Baptist Church of Naples. The meeting was attended by 13 citizens plus six applicant's agents and Collier County staff. There was no opposition to the proposed rezone and development but the petitioner's agents and Collier County staff addressed the following concerns. • Agreement that there will be no fast -food restaurants or gasoline filling stations permitted. • The out parcels will allow Commercial 1, 2, and 3 land uses and the architecture design will be similar to the main development. • Access to the development will have a right in, right out from Vanderbilt Beach Road and left in from Livingston Road. • Water management will be contained in swales that outfall to the I -75 canal. • Traffic signalization was discussed; however, the development's location does not meet the criteria for a traffic signal. STAFF RECOMMENDATION: Zoning and Land Development Review staff recommends that the Collier County Planning Commission (CCPC) forward petition PUDZ -06 -AR -9150 to the Board of County Commissioners (BCC) with a recommendation of approval. PUDZ- 2006 -AR -9150 Bradford Square MPUD April 5, 2007 CCPC Hearing Page 6 of 8 LIST OF STAFF REPORT EXHIBITS: Exhibit "A7'— Rezone Findings Exhibit "B" — PUD Findings Exhibit "C" — Vanderbilt Beach Road Neighborhood Commercial Subdistrict Map PREPARED BY: MELISSA ZONE, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE Agenda Item No. 17E April 24, 2007 Page 15 of 132 PUDZ- 2006 -AR -9150 Bradford Square MPUD April 5, 2007 CCPC Hearing Page 7 of 8 Agenda Item No. 17E April 24, 2007 Page 16 of 132 REVIEWED BY: MARJORIE STUDENT - STIRLING DATE ASSISTANT COUNTY ATTORNEY RAY BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN M. ISTENES, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the April 10, 2007 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN PUDZ- 2006 -AR -9150 Bradford Square MPUD April 5, 2007 CCPC Hearing Page 8 of 8 Agenda Item No. 17E April 24: 2007 EXHIBIT A Page 17 of 132 REZONE FINDINGS PETITION PUDZ - 2006 -AR -9150 Bradford Square MPUD Chapter 10.03.05.G of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan. Pro: The Comprehensive Planning Department has indicated that the proposed Mixed - Use Planned Unit Development (MPUD) rezone is consistent with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). Con: None. Findings: The proposed rezoning from Rural Agriculture (A) to a MPUD is consistent with the FLUE. The future land use is to promote infill development that uses innovative land use techniques to promote the flexibility of development within the County. This project offers a mix of commercial retail and residential development, which creates opportunities for residents to enjoy a small town environment and the use of alternative transportation nodes. 2. The existing land use pattern. Pro: The existing land use is zoned Rural Agriculture (A) as well as zoned for a conditional use intended for a church, which has since expired and it is not compatible with the existing land use adjacent to the north and west which is zoned Pelican Marsh PUD. This PUD has a mixture of commercial and residential units while the parcel immediately to the south is zoned the Vineyards PUD that was approved with a mixture of commercial and residential units. The property adjacent to the east boundary property line is zoned Rural Agriculture (A) and is currently being used as dog boarding facility. Con: The proposed retail and office land uses will bring additional vehicular trips to this area. Findings: Land use patterns are influenced by several key factors such as land ownership and the County's GMP goals and objectives. Based on the FLUE and Land Development Code (LDC), staff has not found incompatible uses because this district was tailored specifically for this area of the County for this particular land use. The possible creation of an isolated district unrelated to adjacent and nearby districts. Pro: The proposed rezone is consistent with the Vanderbilt Beach Road Neighborhood Commercial Subdistrict. Con: None. PUDZ- 2006 -AR -9150 Bradford Square MPUD Page t of 6 Agenda Item No. 17E EXHIBIT A April 24, 2007 Page 18 of 132 Findings: This petition does not constitute an act creating an unrelated district because the subject parcel is of sufficient size and is compatible with the adjacent and nearby PUD zoning districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The requested zoning action (if approved) will not change the subject site boundary in relation to the nearby PUD boundaries. Con: None. Findings: The proposed MPUD boundaries are logically drawn and they are consistent with the Mixed -Use Activity Center Subdistrict of the GMP. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The County created the mixed use district as a result of the .Tune 7, 2005 (Ordinance 2005 -25) GMP amendment. This specific request will support the County's intent to have a mixed -use district in this area by implementing the MPUD. Con: None. Findings: The proposed zoning change to MPUD is appropriate based on the growth and development trends in the County as well as the future growth which indicate a demand for residential alternatives other than single - family residential dwelling units. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Pro: The proposed MPUD rezone will not adversely affect living conditions in the area given that the petition is compatible with the existing land use in the surrounding area. Con: The rezone will increase the intensity of the traffic within the area. Findings: The County's land use policies that are reflected by the Future Land Use Element of the GMP supports an action to allow mixed use development that is being requested in this location. Also, the site will include adequate landscaping, setbacks and buffering for the development. Furthermore, these standards are consistent with the land uses already in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: The Traffic Impact Statement indicated that the trips generated by this petition will not significantly impact the roadway system nor should it affect the comfort and safety of existing users on adjacent public roads. PUDZ- 2006 -AR -9150 Bradford Square MPUD Page 2 of 6 EXHIBIT A Agenda Item No. 17E April 24, 2007 Page 19 of 132 Con: The adjacent residents could be impacted by the additional commercial generated traffic on the road system. Findings: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP. The Traffic Impact Statement indicates that the site generated trips will not lower the level of service (LOS) below any adopted LOS standard. Therefore, the applicant has complied with the GMP requirements and Policies 5.1 and 5.2 of the Transportation Element of the GMP. 8. Whether the proposed change will create a drainage problem. Pro: The proposed change should not create drainage or surface water problems because the LDC and GMP have regulations in place that will ensure review for drainage on new developments. Con: Urban intensification has the potential to worsen the chances for an area wide flooding under more severe rainfall. Staff will not determine if the new development will have drainage problems until the review of the development order. Findings: All projects approved in the County involving the utilization of land is analyzed and required to mitigate all sub - surface drainage generated by development activities. Public facilities including but not limited to water, sewer and drainage shall be coordinated with the first development order (plans or plat). 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Pro: All development has to adhere to the LDC which ensures land use designs meet the goals as well as provide protection for adjacent areas. The remaining land not being developed shall be dedicated as open space. Open space areas shall be located on a separate tract and shall be set aside to preserve the native vegetation area. Open space shall not include land for streets, driveways, parking or other infrastructure improvements which can lessen the light and air to adjacent areas. Con: None. Findings: All projects in Collier County are subject to the development standards that apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) that were designed to ensure that light penetration and circulation of air do not adversely affect adjacent areas. This project will be subject to those same standards. 10. Whether the proposed change will adversely affect property values in the adjacent area. Pro: The proposed zoning designation land use would not be exempt from property taxes and, as such, would enhance the County's tax base. Con: This is a subjective evaluation based on anticipated results which may or may not affect property values. PUDZ- 2006 -AR -9150 Bradford Square MPUD Page 3 of 6 EXHIBIT A Agenda Item No. 17E April 24, 2007 Page 20 of 132 Findings: Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since value determination by law is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Pro: If the project is developed as described in the MPUD, then the proposed use will not be injurious to land uses on other properties in the immediate vicinity and will not change the essential character of the area. Con: None. Findings: The development of adjacent properties, in accordance with existing regulations, will not be affected if this MPUD rezone is approved since the development standards are similar to the LDC zoning requirements. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. Pro: Land Use application are subject to the public hearing process to assure that the rezone thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity in which the property is situated. Con: None. Findings: This request is a privilege that can be afforded to any owner that has a parcel that meets the GMP and LDC requirements to achieve the zoning classification. The rezone complies with the land use designation of the Vanderbilt Beach Road Neighborhood Commercial Subdistrict. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Pro: The proposed rezone meets the terms of the future land use element of the GMP and it will be used in accordance with the surrounding zoning. Con: The property can be developed under the current Rural Agricultural zoning but it would not be consistent with the intent of the Mixed -Use Activity Center Subdistrict of the GMP. Findings: The proposed rezone is in accordance with the Vanderbilt Beach Road Neighborhood Commercial Subdistrict and consistent with the goals and objectives of the GMP. PUDZ- 2006 -AR -9150 Bradford Square MPUD Page 4 of 6 Agenda Item No. 17E April 24, 2007 EXHIBIT A Page 21 of 132 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. Pro: The proposed rezone meets all objective criteria set forth for a MPUD zoning and conforms to the purpose and intent of the GMP and all its elements. In addition, the MPUD Master Plan is compatible with the character and needs of the neighborhood. Con: None. Findings: The proposed rezone is designed in a manner that is compatible with surrounding property in size and scale and the aesthetic effect of existing and future use of the property as it relates to the surrounding area. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro: As evidenced by the findings above, the proposed zoning change is encouraged by the FLUE of the GMP and is in harmony with the existing land use patterns, surrounding zoning designations, and the community's desire for positive change in this area. Con: It is possible to find other adequate sites for the proposed use. Findings: Each zoning petition is reviewed on its own merit for compliance with the GMP and the LDC. The petition was found to be consistent with the GMP and LDC. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. Pro: The land use pattern should accommodate carefully planned levels of development, protect existing uses, safeguard the environment, reduce sprawl, promote efficient use of land, encourage mixture of land uses and help to maintain a sense of community. Con: None. Findings: While site conditions may restrict the location and square- footage of the building footprint it would not render the property unusable. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro: The proposed rezone meets all objective criteria set forth for MPUD zoning and conforms to the purpose and intent of the GMP and all its elements as well as all requirements contained in the LDC. PUDZ- 2006 -AR -9150 Bradford Square MPUD Page 5 of 6 Agenda Item No. 17E April 24, 2007 EXHIBIT A Page 22 of 132 Con: The GMP encourages, but does not require, the synchronizing of development with the availability of public facilities needed to support that development. That is done during the first plans or plat process. Findings: Development permitted by this rezone is subject to a concurrency review under the provisions of the Adequate Public Facilities Ordinance as well as regulations in the LDC. PUDZ- 2006 -AR -9150 Bradford Square MPUD Page 6 of 6 Agenda Item No. 17E April 24. 2007 EXHIBIT B Page 23 of 132 FINDINGS FOR PUD PUDZ-2006 -AR -9150 Bradford Square MPUD Section 10.02.13 of the Collier County Land Development Code (LDC) requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: Staff reviewed this petition and how it relates to site layout, the orientation and location of building footprint, open space, parking and other development features such as traffic and access, drainage, sewer, water in relation to the physical characteristics, zoning and land use of the site and surrounding properties and has deemed it suitable for a MPUD rezone. Con: The petitioner is requesting two deviations from the LDC. 1) To allow the access onto Livingston Road (CR -881) at 420 feet from the intersection of Livingston Road (CR -881) and Vanderbilt Beach Road (CR -862). This access point was agreed to as part of a stipulated final judgment that involved Collier County, Florida vs. Tiburon Golf Ventures L.P., et al. The LDC requires a minimum spacing of 1,320 feet from the intersection for access. 2) LDC Section 5.03.02 requires a wall shall be constructed whenever a nonresidential development lies contiguous to, or opposite a residentially zoned district. Findings: The proposed rezone complies with the goals of the Growth Management Plan (GMP) because the proposed development abides by the Vanderbilt Beach Road Neighborhood Commercial Subdistrict designation which encourages mixed -use development of commercial, retail and residential land uses. Collier County staff will have to review any future development order to ensure compliance with the Growth Management Plan (GMP) and Land Development Code (LDC). 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro: The application has indicated that the project has evidence of unified control and a homeowners association will maintain common areas. Con: None. Findings: Documents submitted with the Bradford Square Mixed -Use Planned Unit Development (MPUD) application provide evidence of unified control. The MPUD PUDZ- 2006 -AR -9150 Bradford Square MPUD April 5, 2007 CCPC Hearing Pagel of 3 Agenda Item No. 17E April 24, 2007 EXHIBIT B Page 24 of 132 document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). Pro: Staff has reviewed the petition and provided an analysis of the MPUD rezone in the staff report. The subject property is located in the Vanderbilt Beach Road Neighborhood Commercial Subdistrict is intended to be mixed -use in character, which permits office and retail land use with residential dwelling uses. Con: The Mixed -Use Activity Center concept is designed to concentrate new commercial zoning in locations where traffic impacts be readily accommodated. The purpose of the Urban Commercial District is to accommodate higher densities for properties not located within the Urban Coastal Fringe or Urban Residential Fringe Subdistrict. The Mixed -Use Activity Center Subdistrict allows for mixed use development, residential density limited to 16 dwelling units per acre. Bradford Square MPUD consists of 9.18± acres and is requesting a density of 1± dwelling units per acre which is considerably less than the intended and permitted density. Findings: The subject petition has been found consistent with the goals, objectives and policies of the GMP. The staff report provide further details about how the project is deemed consistent with the GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro: The proposed plan is intemally compatible and harmonious with existing and planned land uses in the surrounding area and adjacent areas and meets the adopted purposes of the district in which the development is proposed. Con: The GMP encourages proposed development to interconnect to the surrounding area and the proposed project does not provide for interconnection that will link the surrounding neighborhood. Findings: Staff analysis indicated that the petition is compatible to the surrounding neighborhoods and staff will ensure that it remains consistent during the development process. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro: The MPUD Master Plan utilizes design and development techniques which respect the character of the community and protect environmental resources with open space for conservation use. Con: None. PUDZ- 2006 -AR -9150 Bradford Square MPUD April 5, 2007 CCPC Hearing Page 2 of 3 Agenda Item No. 17E April 24, 2007 EXHIBIT B Page 25 of 132 Findings: The Land Development Code (LDC) provides standards for the use of natural vegetative open space buffers, physical barriers such as berms, hedges or other landscape cover, setbacks and height limitations. The amount of open space set aside for this MPUD is consistent with the provisions of the LDC and the GMP. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro: Public facilities including, but not limited to roads, water, sewer, drainage and transportation, shall be coordinated with development during the first plans or plat review. Con: None. Findings: The proposed MPUD complies with the GMP, which states, the County shall coordinate the location, timing, intensity and design of future development through the implementation of the County's Adequate Public Facilities Ordinance. Furthermore, the adopted concurrency requirements ensure that further Level of Service (LOS) degradation is not allowed or the LOS deficiency is corrected. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Pro: The GMP establishes criteria for maintaining adequate Level of Service (LOS) Standards to ensure the community is adequately served by the County's urban area sanitary sewer, solid waste collection, sub - surface drainage, and potable water systems; roads; and recreational facilities. Con: None. Findings: The MPUD document has utilize GMP requirements to ensure the proposed development shall accommodate the proposed development. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro: Staff has reviewed this petition for adequate public services and levels of service and found it is consistent with the regulations of the GMP. Con: None. Findings: The criteria requires an evaluation of the extent to which development standards and deviations proposed for the Bradford Square MPUD will be required for the most similar zoning district. The MPUD development standards are similar to those commercial standards used for the C -1, C -2 and C -3 zoning district. PUDZ- 2006 -AR -9150 Bradford Square MPUD April 5, 2007 CCPC Heating Page 3 of 3 O N C= � c`t o a c m Q 3 az a � MrN1lY MKOI A A o < A oo LL g uazv�n g wuxwox aro uuwm r em ®ov ouu � �� ppp R 6 R g u- oriaw�w i S {� i arum uim�nwe�r.� i5 r°rvn 33 9 yyse$$e yyy HIM 59 yypp y5 gg q 9@ mu mw suaao. ao. � iM _ r! k 3 az a. CQ G CD _Z Z O N cQ G Z O U O a a � MrN1lY MKOI A A o < A oo LL g uazv�n g wuxwox aro uuwm r em ®ov ouu � �� ppp R 6 R g u- oriaw�w i S {� i arum uim�nwe�r.� i5 r°rvn 33 9 yyse$$e yyy HIM 59 yypp y5 gg q 9@ mu mw suaao. ao. � a. CQ G CD _Z Z O N cQ G Z O U O a COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET F Agenda Item No. 17E April 24, 2007 Page 27 of 132 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403 -2400 FAX (239) 643 -6968 PETITION NO (AR) PROJECT NAME PROJECT NUMBER To be completed by staff' DATE PROCESSED ASSIGNED PLANNER ATIM C�1\T�INR0�2MASIIION NAME OF APPLICANT( #1) Livingston Village LLC CONTACT PERSON Kerry Kubacki ADDRESS 2055 Trade Center Way _CITY Naples STATE FL ZIP 34109 TELEPHONE #-139 597-7727 CELL f:a i' ii /_ 1 I T-1 P] PI I i# �' A FAX # 239 597 -7866 NAME OF APPLICANT( #2) Vanderbilt Holdings II, LLC CONTACT PERSON Tammy Turner Kipp— ADDRESS 3252 Regatta Road CITY Naples STATE FL ZIP 34103 TELEPHONE # 239 272 -5854 CELL E -MAIL ADDRESS: TTKIPP(,)MSN.COM FAX # NAME OF AGENT ( #1) Robert L. Duane AICP, Hole Montes, Inc. ADDRESS 950 Encore Way CITY Naples _STATE FL _ZIP 34110 TELEPHONE # __239- 254 -2000 CELL # _FAX # 239- 254 -2099 E -MAIL ADDRESS: bobduane(a)kmeng.com 11A20051200513AW TUD Rezone\RESURA41TTAL 2- 13- 07Vievised Application for Remne.070213.doe 1 NAME OF APPLICANT( #1) Livingston Village LLC CONTACT PERSON Kerry Kubacki ADDRESS 2055 Trade Center Way _CITY Naples STATE FL ZIP 34109 TELEPHONE #-139 597-7727 CELL f:a i' ii /_ 1 I T-1 P] PI I i# �' A FAX # 239 597 -7866 NAME OF APPLICANT( #2) Vanderbilt Holdings II, LLC CONTACT PERSON Tammy Turner Kipp— ADDRESS 3252 Regatta Road CITY Naples STATE FL ZIP 34103 TELEPHONE # 239 272 -5854 CELL E -MAIL ADDRESS: TTKIPP(,)MSN.COM FAX # NAME OF AGENT ( #1) Robert L. Duane AICP, Hole Montes, Inc. ADDRESS 950 Encore Way CITY Naples _STATE FL _ZIP 34110 TELEPHONE # __239- 254 -2000 CELL # _FAX # 239- 254 -2099 E -MAIL ADDRESS: bobduane(a)kmeng.com 11A20051200513AW TUD Rezone\RESURA41TTAL 2- 13- 07Vievised Application for Remne.070213.doe 1 Agenda Item No. 17E April 24, 2007 Page 28 of 132 NAME OF AGENT ( #2) Richard D. Yovannvich Eva Goodlette Coleman & Johnson ADDRESS 4001 Tamiami Trail North Suite 300 CITY_ Naples _STATE FL _ZIP 34103 TELEPHONE # 234 435 -3535 CELL # 239 860 -3533 FAX # 239 435 -1 21 8 E -MAIL ADDRESS: rvovanovicho,2cilaw com BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Complete the following for all Association(s) affiliated with this petition. Provide additional sheets if necessary. NAME OF NEARBY HOMEOWNER ASSOCIATION: Wilshire Lakes Association Tel: 513-9911 MAILING ADDRESS 9498 Wilshire Lakes CITY Na a STATE Florida ZIP 34109 NAME OF OTHER NEARBY HOMEOWNER ASSOCIATIONS: Villaae Walk Ham rs As iotion 3250 Village Walk Cir., Ste. 100 Naales. 34109 NAME OF MASTER ASSOCIATION: MAILING ADDRESS NAME OF CIVIC ASSOCIATION: MAILING ADDRESS Pelican Marsh Owners Association 1498 Pelican Marsh Blvd Naales. 34109 524-7800 CITY , STATE_ ZIP CITY STATE _ ZIP H: @005\2005134 \WP \PUD Rem11e\RESUEMITTAL 2- 13- 07\Revised Application for Rezone.070213.doe 2 Agenda Item No. 17E April 24, 2007 Page 29 of 132 a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as fhe percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of Ownership Vanderbilt Holdings II LLC 6625 New Haven Circle Naples Florida 34109 Amy Turner Managing Member 50% Tammy Turner Kipp 50% C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Ownership NA HA2005\2005134MMUD Rezone \RESUeMITTAL 2 -13 -07 \Revised Application for Remic.,070213.duc 3 Agenda Item No. 17E April 24, 2007 Page 30 of 132 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and /or limited partners. Name and Address Percentage of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Livineston Village LLC _ 2055 Trade Center Wav Navies, Florida 34109 Stuart Wood 50YA Jeff Cotter 50% Date of contract: _11/7/05 f. If any contingency clause or contract terms involve addifional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Dale subject property acquired ® 4/1/2002 leased ❑ Term of lease yrs. /mos. H:\200512005134\WPIPUD Rez0nc \RESUBMY1TAL 2- 13- 071Revi,ed Application for Rezone.070213.doc 4 Agenda Item No. 17E April 24, 2007 Page 31 of 132 If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: , or Anticipated closing date: February 2007 h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1 "to 400' scale) if required to do so at the pre- application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section /Township /Range 31 / 48S 26E Lot: Block: Subdivision: Plat Book Page #: Property I.D. #:_ 00203042108 Metes 8 Bounds Description: See Legal Description below Size of nroperty: 9.18 th Acres Address /general location of subject property: 14258 Livingston Road, north east corner of Livint=_ston and Vanderbilt Beach Roads PUD District (LDC 2.03.06): ❑ Residential ❑ Community Facilities ❑ Commercial ❑ Industrial ® Mixed Use H:\20052005134\WP\P1JD Rezone \RHSUBMrrIAL 2.13- 07\Rcvised Application for Rezone.070213.doc 5 Zoning N PUD Pelican Marsh S PUD Vinvards E A W PUD Pelican Marsh Land use Agenda Item No. 17E April 24, 2007 Page 32 of 132 Tiburon Golf Course Multi - family Residential Residence and Doe Boarding Facility Tiburon Golf Club maintenance buildin LEGAL DESCRIPTION (folio # 002 03 042 1 08) The southwest quarter of the southwest quarter of the southwest quarter and the west half of the west half of the southeast quarter of the southwest quarter of the southwest quarter of section 31, township 48 south, range 26 east, Collier County, Florida, less the south 150 feet thereof. Also less and except: That portion described in warranty deed to Collier County, Florida record in O.R. book 3022, Page 1128, and that portion described in Order of Taking, recorded in O.R. Book 3599, page 121, Public Records of Collier County, Florida. Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). No Section /Township /Range _/_/_ Lot: Block: Subdivision: Plat Book_ Page #: Property I.D. #: Mates & Bounds Description: REZONE'RIlQUESP 7''a This application is requesting a rezone from the A Aerieulture. CU- zoning districts) to the Mixed Use PUD zoning district(s). Present Use of the Property: Vacant Proposed Use (or range of uses) of the property., _UseS as permitted in the Vanderbilt Beach Road Neiehborhood Commercial Subdistrict, as the property is desi nated on the PI JJM Original PUD Name:, NA Ordinance No H:12005\2005134 \WPWUD RezoneVtESUBMITTAL 2- 13- 07\R"ised Application for Rezone.070213.doe 6 Agenda Item No. 17E April 24, 2007 Page 33 of 132 Vp.T I ..v ...., a...'s- .4r5W f-t� Pursuant to Section 10.02,13 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD Rezone Considerations (LDC Section 10.02.13_.)3) The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The proposed Bradford Square MPUD is consistent with the purpose and criteria of Vanderbilt Beach Road Neighborhood Commercial Sub- district, wherein it lies. It will serve the development in its vicinity which includes the residential communities of Pelican Marsh, Wilshire Lakes, Vinyards, Oak Grove and Lakeside. Utilities are available in the area and traffic will benefit from the provision of retail and office services in convenient proximity to these existing populations. Multi - family uses are also included in the MPUD, as are encouraged in the Subdistrict. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. The developer owns or has options on the property to implement a plan of unified development, and provisions incorporated into the PUD document for the continued operation and maintenance of common areas, including the maintenance of colrunon facilities, open spaces and water management facilities, which shall be the responsibility of the developer, their successors or assigns. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. The property is located in the Vanderbilt Beach Road Neighborhood Conunercial Sub - district, which purpose is to provide primarily for neighborhood commercial development at a scale not typically found in the Mixed Use Activity Center Subdistrict It will contribute to shorter driving distances for neighborhood shopping and services. The MPUD, therefore, can be found consistent with the GMP including policy 5.4 of the FLUE because the proposed development can be found to be compatible with and complemental-v to existing and future surrounding land uses. HA\2005\2005134 \WP\PU1) Rezmc\RESUQMITPAL 2- 13- 07\Revised Application for Rezonc.070213.doe 7 Agenda Item No. 17E April 24, 2007 Page 34 of 132 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The commercial and residential development will be intemally compatible based on the development standards incorporated into the MPUD including land preserved as open space landscaping and buffers. 5. The adequacy of usable open space areas in existence and as proposed to serve the development, The open space will preserve sensitive resources and serve to buffer residential uses to thre north and east in buffer areas that exceed LDC requirements 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and Facilities, both public and private. The phasing of, the project will be subject to the Concurrence Management System implemented by the Adequate Public Facilities Ordinance 7. The ability of the subject property and of surrounding areas to accommodate expansion. There are few vacant or undetutilized properties in the area but with the existing and planned infrastructure, the subject and surrounding areas can accommodate the growth planned for this general area as anticinated by the Future Land Use Element and Capital Improvement Element, 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. It is the intent that this PUD will conform in all respects to PUD regulations, or to a dezree at least equivalent to a literal nppljcatjon of such regulations. Several deviations will be required. One concerns the access location on Livingston Road with respect to its distance from the Vanderbilt Beach Road jntersection. Others relate to desi as ects incorporated into the MPUD document Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subiect property To your knowledge, has a public hearing been held on this property within the last year? ❑ Yes E No If so, what was the nature of that hearing? H92005\2005134MPTUD Rcmne1RESUBMtTrAL 2- B- 07Vievised ApptiWion fur Rezo1e.070213.dm 8 Agenda Item No. 17E April 24, 2007 Page 35 of 132 NOTICE: This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively Pursue the rezoning for a period of six (b) months An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re- opened by submitting ❑ new application, repayment of all application fees and granting of a determination of "sufficiency ". Further review of the project will be subject to the then current code. (LDC Section I0.03.05.Q.) II: @0052005134 %WPTUD Rezonc\RESUBM=AL 2- 13 -07Utevised Application for R=onc.070213.doc 9 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST L NAME OF APPLICANT(S) _ Livingston Village, LLC CONTACT PERSON ­Kerry Kubacki ADDRESS .2055 Trade Center Wa -CITY Naples STATE_ FL ZIP 34109 TELEPHONE # (239) 253-5607 CELL # FAX #,(239) 5964838 E-MAIL ADDRESS: ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 14258 Livingston Road Agenda Item No. 17E April 24, 2007 Page 36 of 132 Section/Township/Range ---IT /--ALS j 26E Lot: - Block: — Subdivision: Plat Book— Page #:— Property I.D.#:_ 00203042108 Metes & Bounds Description: See attached Leaal DCSCri lion ­R (Check applicable system): COUNTY UTILITY SYSTEM a. b. d. e. CITY UTILITY SYSTEM FRANCHISED UTILITY SYSTEM PROVIDE NAME PACKAGE TREATMENT PLANT (GPD capacity)_ SEPTIC SYSTEM STATEMENT OF UTILITY PROVISIONS - page 2 El FM HA2005\200513AWPTUD Rczonc1RFSLJ13M1TIAL 2-13-07\Reviscd Application for RezonD.070211doc 10 Iff MW MnARNM W1 a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM ❑ c. FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME d. PRIVATE SYSTEM (WELL) FEK Agenda Item No. 17E April 24, 2007 Page 37 of 132 1 TALI OPUtA[I,Q'14 BfS Eg: Max. of 100,000 s.f. of retail/ offlce use And tip to 10 dwelling units Q�%x1K,AND�;Ai�!E�'AGE D °AILY'DEN{:_f�ND5z A. WATER -PEAK 19,500 GPD AVERAGE DAILY 13,000 GPD B. SEWER -PEAK 19,500 GPD AVERAGE DAILY 13,000 GPD Utility calculations: Water = 0.1 GPD x 100,000 s.f. commercial floor area + 300 GPD x 10 D.0 s =13,000 GPD; Water= Sewer Flow, Peak= 1.5 x average daily IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED Januarv, 2008 t NARRATIVE# STATEMENT; Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer, ** (see attached utilities sketch for services to be provided by Collier County) H '.\2005\2005134 \WP\PUD Rezone\R&4UBM177AL 2- 13 -07\Revised Application for Rewne.070213.doc 11 W N 0 co • C+J E= mQ u a m Q I o 9 n � e• i n ' rea N I PPiq`q`IR Q W O d K N W LL W Z rt i O 1 N to f- C •� w W � �y i w2 — — il� ie 3 II • �I g e i c z F z z Q [\ yy � /^� • `___ mi °II III -� s[R j�$j sF� o Q JJ d •y WO any_ a — . b• _. ( N : IL �Tr .�• I WI — e�4 II i_a f� i W It $ K 72 7 i J ml iml j� $S �1 • � I� W C �+'� r r .i5 .4 .� to yk�Dyr r'v 'r ✓ 4 .ffi � i y.'1....... 0......- vif.._ :�.....!•- ._..__...... ___O.._0. -.. _ .._....__..._tr... _ - - - _avaa NO1s9NIAn =_ _- i__ _- ._-- - - : -__ --- ----- _- -== -------= -- -- -, Agenda Item No. 17E April 24, 2007 Page 39 of 132 �C+' OI�IEU1Ujlll,�YwREI�'!A�,STrAIE E If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STrQrtEMErITe OF4=AV 11LAAMEO1G „C' ”, A�IaTtYCF�tbMc T E JP Unless waived or otherwise provided for at the pre - application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. M\2005\20050CW TUD Rczonc\RESU6MITrAL 2- 13- 07\Revised Application for Rewne.070211doc 12 W-A.; ' Amy Turner being firs duly sworn, depose and say that we /I atn /are.the owners of the property dewibed herein and which is the subject molter of the proposed hearing; that all the answers to the questions in this application, Including the disclosure of Interest. 'informatidn, all sketches, data, and other supplementary matter artaehed to and made o pars of lhl uppli atioss, are honest and true to the best of our knowledge and belief. We /I understand that she TnfoaoaHOn requested on this application must be complete and accurate and that the content of Ibis ,:form, whether computer generated or County printed shall not be altered- Public hearings will not be advertised until this application is deemed complete, and all required information has been.strbmiffed. Bob Duane & :/as, property owner We /4 further authorize Richard Yovanovich to act as our /my representative in any matters regarding this Petition. Ownee/( _ - Signbture Property Owner - Signature of Property Owner Amy Turner Typed or Printed Name of Owner Typed or Printed Home of Owner I The foregoing ins>mmen as acknowledged before me this _? day of �A•' l—i " i"i ` R .'r",/ . 200-20 , by 4V /U4 ae— penonapy.knawa- kuaaof9wc{aredur d _Wt-4 OR /e�2 L /Cft+ os idemiRrnHom EDWARDEAWE :. MY COMMISSM f DD 348067 ';'•. << EXPIRES: Seplember26, 2008 Stare of Flori 'K,g(„t;,t` emmem,u W. PJMi Und, Am Signature of Notary Public - State of County of C Florida) (Print, Type, or Stamp Commissioned ' Nance of Notary Public) H:42005\ddAi 131iWIMpptiwrla� fa Resnoe:doc Agenda Item No. 17E April 24, 2007 Page 40 of 132 Agenda Item No. 17E April 24, 2007 Page 41 of 132 Well,. Tammy Turner Kipp being first duly sworn, depose and soy that we /1 .'am /pre the owners of the property described herein and which is the subject matter of the proposed - hearing; that all the answers to the questions in this application, Including the disclosure of Interest "nfo"tdlon, all sketches, data, and other supplementary matter atladued to and made a part of this application, are honest and true to the best of our Imowfedge and belief. We /i understand that the rofoanation requested on this application must be complete and accurate and that the content of this _ 'foil", whether computer generated or County printed shall not be altered. Public hearings will not be - advertised until this application is deemed complete, and all required information has been submitted. _ Bob Duane & .. As property owner We /1 further outhora, Richard Yovanovich to ad as our /my representothe in any matters regarding this Petitlon. Slgnatum ooropertpbyker Signature of Property Owner Tammy Turner Kipp Typed or Printed Name of Owner Typed or Printed Name of Owner The for gong instrument w adcnowled ell before me this_a_.Z day of wI o'b'psma ty-ksuYwn -t*-"w ar-hos -Prod . identification. State of Florida (Signature of Notary Public - State of County of Collier Flotilla) EDWARQ LAAICE /�A'�F - y�.r��;- ity GDMAiISSION S OD 9460GT 'r, SepleeAer 26, 2f108 `,'yn7, -� �� .P E%PIRES: T<'�uNWryPUU(K UndewMmr )Print, Type, or Stamp Cornnlssioned .�iR,♦<. Bmeed Name of Notary Public) tttzoosvomt srtwrwcpcmd� r« tie« Agenda Item No. 17E April 24, 2007 Page 42 of 132 _,Wall, G. Stuart Wood being first duly sworn, depose and say that we /1, a n /are the owners of the property desoribcd herein and which is the subject matter of the proposed hearings thaf all the answers to the question in this application, Including the disclosure of Interest information, all sketches, data, and other supplementary matter attached to and made a port of this - application, are honest and true to the best of our knowledge and belief, Well understand thot the :information requested on this application must be complete and accurate and that the content of this form, whether computer generatgd or County printed shot[ not be altered. Public hearings will not be advertised will this application is deemed complete} and all required information has been nibodned. Bob Duane & As property owner We,/[ further authorize Richard Yovanovich to ad es our /my, representative in any matters regarding this Petition Signature of Property Owner Signature of Property Owner G. Stuart Wood Typed or Printed Name of Owner Typed or Printed Nome of Owner The fomgollg innstru� nt,,w,,a ^s adawwledged before me Ihts � day of fI 200 by _u.�. U-000 who is personally kkknno�o" to me or hos�pro —as identification. Since of Flornda - Notary Public- State of County of Copier +�M' "ivy• 'EDWARD ,do, {` MY COMMISSION 0 DD 34 EXPIRES: September 26,2008 .. yd noMmE lnn�NrnaryPWGCarcMnwROrs (Print, Type, or Stamp Commissioned Name of Notary Public) ti:12005t2W51311wtMpptipriw (m ilcioxcdoe We/l, Jeffrey J Cotter being first duly sworn, depose and say that we /I oat described /are the owners of the property deibed herein and which Is, the subject matter of the proposed hearing; that all the answers to the quesllorts In this aPPliomton, including the disclosure of interest information, oil sketches, data, and other supplementary matter attached, to and made a pad of this applicatlon, are honest and true to the best of our knowledge and belleE We/I understand that she Information requested on this applkallon must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be offered. Public hearings will not be advertised mill this application is deemed complete, and all regained information has been.sabmitfed As property owner We/[ further outhorae Bob Duane fo act as our /my representative to any matters regarding this Pethlon. Are Owner Jeffrey J. Cotter Typed or Printed Name of Owner Signature of Property Owner Typed or Printed Name of Owner The foregoing 6syt mo was adasowledged before me this �� day of Zgp- ',,byy c_/ 6.f C i7£r who is personally known to me or has pr d _�vrn as idemlficanon. State of Florida Comfy of Colder ;giM`iek, EDWARD t.AAKE !.: My COMMISSION GDD348087 `a•.xr FXPIRES: Seplornber 26, 2008 'E „gr�a�,d` OwvlW Tat Nan 7R&, UnJ¢mplrs FtitaatltDO5f.t11WPUppkriw mrR¢onrdx (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Agenda Item No. 17E April 24, 2007 Page 43 of 132 Agenda Item No. 17E April 24, 2007 Page 44 of 132 A TIS is required unless waived at the pre - application meeting. The TIS required may be either a major or minor as determined at the pre - application meeting. Please note the following with regard to TIS submittals: MINOR TIS: Generally required for rezone requests for property less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition of ten acres or less. MAJOR TIS: Required for all other rezone requests. A minor TIS shall include the following: I . Trip Generation: Annual Average Daily Traffic (at build -out) Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: Within Radius of Development Influence (RDI) 3. Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) 4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). 5. Any proposed improvements (to the site or the external right -of -way) such as providing or eliminating an ingress /egress point, or providing turn or decel lanes or other improvements. 6. Describe any proposal to mitigate the negative impacts on the transportation system. 7. For Rezones Only: State how this request Is consistent with the applicable policies of the Traffic Circulation Element(TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4, 4.4, 5.1,5.2, 7.2 and 7.3. A Major TIS shall address all of the items listed above (for a Minor TIS, and shall also include an analysis of the following: 1. Intersection Analysis 2. Background Traffic 3. Future Traffic 4. Through Traffic 5. Planned /Proposed Roadway Improvements w 6. Proposed Schedule (Phasing) of Development H:12005\200513AWTUD RezonoTFSUBIAMAL 2- 13- 071Reviscd Application for Rezane.070213.doc 14 Agenda Item No. 17E April 24, 2007 Page 45 of 132 The following standards shall be used in preparing aTIS for submittal in conjunction with a conditional use or rezone petition: 1. Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. 2. Trip Assignment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. 3. Existing Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. 4. Level of Service (LOS): The LOS of a roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. 5 . Radius of Development Influence (RDI): The TIS shall cover the least of the following two areas: a) an area as set forth below; or, b) the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C ". C ) Land Use Distance Residential 5 Miles or as required by DRI Other (commercial, industrial, institutional, etc.) 0 - 49, 999 Sq. Ft. 2 Miles 50,000 - 99, 999 Sq. Ft. 3 Miles 100,000 - 199, 999 Sq. Ft. 4 Miles 200,000 - 399, 999 Sq. Ft 5 Miles 400,000 & up 5 Miles In describing the RDI the TIS shall provide the measurement in road miles from the proposed project rather than a geometric radius. 6. Intersection Analysis: An intersection analysis is required for all intersections within the RDI where the sum of the peak -hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPH). 7. Background Traffic: The effects of previously approved but undeveloped or partially developed projects which may affect major thoroughfares within the RDI of the proposed H:\2005120051341wPV'UD Rezoite\RESUBMfTPAL 2- 13 -07URevised Application for Rezone.070213.doc 15 Agenda Item No. 17E April 24, 2007 Page 46 of 132 project shall be provided. This information shall be depicted on a map or, alternatively, in a listing of those projects and their respective characteristics. 8. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. 9. Through Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to Include any additional documentation and backup data to support the estimation as well. 10. Planned /Proposed Roadway Improvements: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. 11. Project Phasing: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the Ti5. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. 11:%2005120051341WPV1-1D Rezonc\RFSUDM=AL 2- 13- 07111evised Application for Rezone.070213.doc 16 Agenda Item No. 17E April 24, 2007 Page 47 of 132 GENERAL INSTRUCTIONS Application information must be clearly printed or typed. All material must be legible and completed in full. All requirements must be submitted as indicated below, unless otherwise determined during the pre- application meeting. GENERAL APPLICATION To be completed In full. PRE - APPLICATION MEETING NOTES Provide copies of notes taken at pre - application meeting ADDRESSING CHECKLIST FORM Must be completed and approved by the Addressing Department, 2800 North Horseshoe Drive, Naples, Florida 34104. Phone (239) 403 -2482, FAX (239) 659 -5724 PUD DOCUMENT Refer to LDC Section 1 0.02.13 for required information DIGITAL REQUIREMENTS An electronic version of all plans and documents on CDROM as part of the submittal package. FEES Required fees in accordance with current Fee Schedule. Check shall be made payable to: Collier County Board of Commissioners. Application Fee 1 PUD Rezone = $10,000 + $25 per acre $10,250 0 PUD to PUD Rezone = $8,000 + $25 per acre Comprehensive Planning Consistency Review = $2,250 $ 2,250 Legal Advertising Fees BCC = $363 $ 363 / CCPC =$729 $ 729 Fire Code Review = $150 $ 150 EIS Review = $2,500 N/A TOTAL (less $500 pre app fee) $13,742 ($13,242) ENVIRONMENTAL IMPACT STATEMENT (EIS) An Environmental Impact Statement (EIS), as required by Section 10.02.02. of the Land Development Code (LDC) , or a request for waiver if appropriate. AERIAL PHOTO Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall H:\2005\20051341WPTUD Rezone \ktSUBMfrFAL 2- 13- 07\Revised Application for Rezone.070213.doc 17 Agenda Item No. 17E April 24, 2007 Page 48 of 132 identify plant and /or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.05.07). BOUNDARY SURVEY Boundary Survey, no more than six months old, abstracted, signed, sealed and prepared by a Florida registered land surveyor, showing the location and dimensions of all property lines, existing streets or roads, easements, rights -of -way, and areas dedicated to the public. Survey shall be accompanied either by an Attorney's Opinion of Title or by a sworn statement from the property owner(s) stating that he or she has provided sufficient information to the surveyor to allow the accurate depiction of the information on the survey. HISTORICAL & ARCHAEOLOGICAL SURVEY A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre - application meeting) CONCEPTUAL SITE PLAN If this rezone is being requested for a specific use, provide twenty (20) copies (this includes: HUI if affordable housing, Joyce Ernst, if residential and Immokalee /Water Sewer District, if in Immokalee) of a 24" x 36" conceptual site plan [and one reduced 81/2" x 11" copy of site plan), drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; • all existing and proposed structures and the dimensions thereof, • provisions for existing and /or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), • all existing and /or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled), • required yards, open space and preserve areas, • proposed locations for utilities (as well as location of existing utility services to the site), • proposed and /or existing landscaping and buffering as may be required by the County OWNER /AGENT AFFIDAVIT Affidavit signed by owner authorizing agent to act as representative. Must be signed and notarized. WARRANTY DEED A copy of the last recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land. H:\2005\2005134 \WP\PUD RezoncVLESUBMr17AL 2- 13- 07\Revised Application for Rewne.070213.doc is Agenda Item No. 17E April 24, 2007 Page 49 of 132 _ARCHITECTURAL RENDERING Architectural rendering of any proposed structures TRAFFIC IMPACT STATEMENT (TIS) Unless waived at the pre - application meeting, a Traffic Impact Statement (TIS) must be submitted. Please refer to attached TIS standards. UTILITY PROVISIONS STATEMENT A copy of the Utility Provisions Statement with required attachments and sketches. Please refer to attached form. AFFORDABLE HOUSING DENSITY BONUS AGREEMENT Including all Appendices and Exhibits PERMITS Copies of State and /or Federal permits POSTAL SERVICE LETTER OF NO OBJECTION Provide a copy of the letter notifying the U.S. Postal Service of the proposed project. The letter should be addressed to: Robert M. Skebe U.S. Postal Service 1200 Goodlette Road Naples, Florida 34102 -9998 NEIGHBORHOOR INFORMATIONAL MEETING (NIM) Required per LDC Section 10.03.05.E. Please see attachment for requirements. OTHER Any additional requirements as may be applicable to specific conditional uses and identified during the pre - application meeting, including but not limited to any required state or federal permits. CONTINUANCE FEES In accordance with Collier County Community Development and Environmental Services Fee Schedule, when land use petitions are continued, the following fees will apply: Two days or less prior to meeting = $500 Requested at the meeting = $750 Additional required advertising charged in addition to continuance fees BE ADVISED THAT SECTION 10.03.05.11 .3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER FINAL ACTION IS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE ALL PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIATELY. 11:1200512005134tWP@'UD RezonelRESUBMI'ITAL 2- 13.07\Reviscd Application for Rezonc.070213.doc 19 Agenda Item No. 17E April 24, 2007 Page 50 of 132 Applicant must conduct at least one Neighborhood Informational Meeting (NIM) after initial staff review and comment on the application and before the Public Hearing is scheduled with the Planning Commission. ' Written notice of the meeting shall be sent to all property owners who are required to receive legal notification from the County pursuant to Section 10.02.12.C. Notification shall also be sent to property owners, condominium and civic associations whose members are impacted by the proposed land use change and who have formally requested the County to be notified. A copy of the list of all parties noticed, and the date, time, and location of the meeting, must be furnished to the Zoning Department and the Office of the Board of County Commissioners no less than ten (10) days prior to the scheduled date of the NIM. The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant must place an advertisement of the meeting in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, time of the meeting and legible site location map of the property for which the zoning change is being requested. The display advertisement must be one - fourth page, in type no smaller than 12 point and must be placed within a newspaper of general circulation in the County at least seven (7) days prior to, but no sooner than five (5) days before, the NIM. The Collier County staff planner assigned to the project must attend the NIM and shall serve as the facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and provide a copy to the Zoning Department. As a result of mandated meetings with the public, any commitments made by the applicant shall be reduced to writing and made a part of the record of the proceedings provided to the Zoning Department. These written commitments will be made a part of the staff report of the County's review and approval bodies and made a part of the consideration for inclusion in the conditions of approval. Hd2005120051341WP\PUD Rcmue\RESU13M1T7AL 2 -1 3- 071Revised Application for Rezone.070213.do 20 INHH APPLICATION No. of Caafes Check here if not rrautred 24 copies of the following: ® T additional set IF located in the Bayshor /Gateway Triangle Redevelopment Area ❑ ® Completed Application ❑ Pre - Application Meeting Notes ❑ ® Conceptual Site Plan 24" X 36" and one B'/2" X 11" ❑ ® PUD Document and Master Plan ❑ 2 Copies of the following: ® Deeds /Legals & Survey (if boundary of original PUD is amended) ❑ ® List identifying Owner & all parties of corporation ❑ ® Owner /Agent Affidavit signed & notarized ❑ ❑ Covenant of Unified Control ❑ ® Completed Addressing Checklist ❑ 4 Copies of the following: ❑ Environmental Impact Statement (EIS) or waiver ® Historical Survey or waiver request ❑ Utilities Provision Statement w /sketches ❑ Architectural Rendering of Proposed Structures ❑ Architectural Review required ® Survey signed & sealed ❑ ® 7 Traffic Impact Statement or waiver ❑ 05 Aerial Photos with Habilat Areas Identified (see EIS report) ❑ ®i Electronic Copy of all documents in Word format and plans (CDRom or Diskefie) ®i Leiter of no objection from the United Slates Postal Service ❑ ® Required Fees As the authorized agenUapplicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. 1 understand that failure to Include all necessary information in y result in the delay of processing this petition. AgenOApplicant Signatnr Dilate/ Agenda Item No. 17E April 24, 2007 Page 51 of 132 Agenda Item No. 17E April 24, 2007 ORDINANCE NO, 07 Page 52 of 132 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 TIIE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE RURAL AGRICULTURE (A) ZONING DISTRICT WITH A CONDITIONAL USE FOR A CHURCH TO MDCED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR A PROJECT KNOWN AS THE BRADFORD SQUARE MPUD, IN SECTION 3l, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.18 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Keny Kubaeki for Livingston Village, LLC, and Tanury Turner Kipp of Vanderbilt Holdings H, LLC, represented by Robert L. Duane, AICP, of Hole Montes, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED By THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE; The zoning classification of the herein described mat property located in Section 31, Township 48 South, Range 26 East, Collier County, Florida, is changed from the Agriculture (A) Zoning District and a conditional use for a church, which has since expired to a Mixed Use Planned Unit Development (MPUD) zoning district for project known as the Bradford Square MPUD in accordance with the MPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The uppropriate zoning atlas map or maps as described in Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super- majority vote by the Board of County Commissioners of Collier County, Florida, this _ day of , 2007. ATTEST: BOARD OF COUNTY COMMIS DWIGHT E. BROCK COLLIER COUNTY, FLORIDA BY: Deputy Clerk Approved as to form and legal sufficiency; -j @,won. J%1 • (/c7�Lallra+(. Marjortirling Assistant County Attorney JAMES COLETTA, CHAIRMAN Agenda Item No. 17E April 24, 2007 Page 53 of 132 BRADFORD SQUARE MPUD A MIXED USE PLANNED UNIT DEVELOPMENT PREPARED FOR: Livingston Village LLC 2055 Trade Center Way Naples, FL 34109 And Vanderbilt Holdings II, LLC 6625 New Haven Circle Naples, FL 34109 - 7220 PREPARED BY: Hole Montes, Inc. Robert Duane, AICP 950 Encore Way Naples, FL 34110 (239) 254 -2000 And Goodlette, Coleman & Johnson, PA Richard D. Yovanovich, Esq. 4001 Tamiami Trial North Suite 300 Naples, FL 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL Exhibit A Agenda Item No. 17E April 24, 2007 Page 54 of 132 TABLE OF CONTENTS PAGE THE BRADFORD SQUARE MPUD SECTION I: STATEMENT OF COMPLIANCE SECTION II: PROPERTY OWNERSHIP, LEGAL DESCRIPTION, PROJECT DESCRIPTION, SHORT TITLE, AND STATEMENT OF UNIFIED CONTROL 2 -1 SECTION III: MIXED USE DEVELOPMENT REGULATIONS 3 -1 SECTION IV: PRESERVE SUBDISTRICT SECTION V: DEVELOPMENT COMMITMENTS LIST OF EXHIBITS AND TABLES EXHIBIT "A" MPUD MASTER PLAN EXHIBIT "B" LIST OF REQUESTED DEVIATIONS FROM LDC 4 -1 5 -1 Agenda Item No. 17E April 24, 2007 Page 55 of 132 SECTION I STATEMENT OF COMPLIANCE The development of approximately 9.18 acres of property in Section 31, Township 48 South, Range 26 East as a Mixed Use Commercial Planned Unit Development (MPUD) will be in compliance with the goals, objectives, and policies of the Collier County Growth Management Plan (GMP). The project will be consistent with all applicable provisions of the growth policies, land development regulations, and applicable comprehensive planning objectives for each of the elements of the GMP for the following reasons: The subject property is located in the Vanderbilt Beach Road Neighborhood Commercial Subdistrict and will provide neighborhood commercial development at a scale not typically found in the Mixed Use Activity Center Subdistrict. The intent is to provide commercial uses to serve the emerging residential development in close proximity to this Subdistrict. Allowable land uses are a variety of commercial mixed uses and residential uses. The Subdistrict includes two parcels and the subject property located at the intersection of Livingston Road and Vanderbilt Beach Road. The project is allowed a maximum of 100,000 square feet of gross leasable floor area whether by right or by conditional use in the C -1 through C -3 Zoning District. The Subdistrict prohibits certain uses including gas stations and convenience stores. Residential densities are permitted up to sixteen dwelling units per acre. The proposed MPUD with ten residential dwelling units and up to 100,000 square feet of gross leasable floor area including the proposed uses can be found consistent with the GMP, FLUE, and the provisions set forth in the Vanderbilt Beach Road Neighborhood Commercial Subdistrict. Therefore, consistency with the GMP can be established for this proposed MPUD. 1 -1 C\AdLb eXpress\ Input \AgendaBCC AGFNDA.32G79.doc Agenda Item No. 17E April 24, 2007 Page 56 of 132 SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION, PROJECT DESCRIPTION, SHORT TITLE AND STATEMENT OF UNIFIED CONTROL 2.1 PROPERTY OWNERSHIP The subject property is owned by Vanderbilt Holdings, LLC located at 6625 New Haven Circle, Naples, FL 34109 and is under contract for purchase by Livingston Village, LLC (Co- Applicants) at the time of rezoning. 2.2 LEGAL DESCRIPTION The southwest quarter of the southwest quarter of the southwest quarter and the west half of the west half of the southeast quarter of the southwest quarter of the southwest quarter of Section 31, Township 48 South, Range 26 East, Collier County, Florida, less the south 150 feet thereof. Also less and except: That portion described in warranty deed to Collier County, Florida record in O.R. Book 3022, Page 1128, and that portion described in Order of Taking, recorded in O.R. Book 3599, Page 121, Public Records of Collier County, Florida. 2.3 PROJECT DESCRIPTION The project is comprised of 9.18 acres, more or less, and is located on the northeast corner of the intersection of Vanderbilt Beach and Livingston Roads. The MPUD has approximately 820 feet of frontage on Vanderbilt Beach Road and approximately 470 feet of frontage on Livingston Road. Bradford Square is expected to develop with a mixture of office, retail, and residential uses, with a maximum of 100,000 square feet of floor area for office and retail uses. However, the maximum floor area for any commercial user shall not exceed 20,000 square feet of gross leasable floor area. 2 -1 Agenda Item No. 17E April 24, 2007 Page 57 of 132 2.4 SHORT TITLE This ordinance shall be known and cited as "BRADFORD SQUARE MIXED USE PLANNED UNIT DEVELOPMENT ORDINANCE ". 2.5 STATEMENT OF UNIFIED CONTROL This statement represents that the contract sellers, Vanderbilt Holdings, LLC, have the project or property under unified control for the purpose of obtaining MPUD zoning on the subject property. 2 -2 Agenda Item No. 17E April 24, 2007 Page 58 of 132 SECTION III MIXED USE SUBDISTRICT 3.1 MAXIMUM DEVELOPMENT INTENSITY AND NUMBER OF DWELLING UNITS The maximum development intensity is 100,000 square feet of gross leasable office or retail area and a maximum of 10 dwelling units. 3.2 PERMITTED USES A. General Permitted Uses: 1. Essential services as set forth under the Land Development Code (LDC) including but not limited to, gas lines, water lines, sewer lines, pump stations and wells. 2. Water management facilities and related structures. 3. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 4. Guardhouses, gatehouses, and access control structures. 5. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas, and related uses, subject to the procedures for a temporary use permit provided in the LDC. b. Landscape features including, but not limited to, landscape buffers, berms, fences and walls. 7. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses for this MPUD, as determined by the Board of Zoning Appeals. (BZA) B. Principal Uses: 1. Multi- family dwellings. 2. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the BZA. 3 -1 Agenda Item No. 17E April 24, 2007 Page 59 of 132 C. Accessory Uses: Accessory uses and structures customarily associated with principal residential uses permitted in this MPUD, including recreational facilities, such as swimming pool, and clubhouse, and maintenance facilities. The location of the recreational area is depicted on the MPUD Master Plan. 2. Any other use, which is comparable in nature with the foregoing uses, consistent with the uses for this MPUD as determined by the BZA. D. Commercial and Residential Uses: 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: Permitted Principal Uses and Structures (SIC Code) I . Accounting services (group 8721); 2. Apparel and accessory stores (groups 5611 - 5699); 3. Architectural, engineering and surveying services (groups 0781, 8711 - 8713); 4. Attorney offices and legal services (group 81 1 1); 5. Business services (groups 7311 - 7313, 7322 - 7338, 7361 - 7379, 7384, 7389); 6. Child day care services (group 8351); 7. Depository (financial) institutions (groups 6011 - 6099); 8. Drinking places (group 5813); 9. Eating and drinking places (group 5812 only as outlined as follows: box lunch stands, cafes, coffee shops, dairy bars, diners, eating places), food bars, frozen custard stands, grills, (eating places), Ice cream stands, luncheonettes, oyster bars, pizza parlors, pizzerias, restaurants - carry -out, restaurants - sit -down, restaurant with drive - through window (limited to one only) sandwich bars or shops, snack shops, soda fountains, submarine sandwich shops, tea rooms, (See also Section 3.2.E.3); 10. Food stores (groups 5411 - 5499) "except as prohibited in Section 3 .2.E of this Document;" 11. General merchandise stores (groups 5311 - 5399); 12. Governmental offices (groups 9111 - 9199); 13. Hardware stores (group 5251); 14. Health services (groups 8011 - 8049, 8082); 3 -2 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. Agenda Item No. 17E April 24, 2007 Page 60 of 132 Home furniture, furnishings, equipment store (groups 5712 - 5736); Home supply store (group 5531); Insurance agencies, brokers, carriers (groups 6311 - 6399, 6411); Large appliance repair service (group 7623); Management and public relations (groups 8741 - 8743, 8748); Membership organizations (groups 8611 - 8699); Miscellaneous repair services (groups 7629 - 7699); Miscellaneous retail services (groups 5912 - 5963); Museums and art galleries (group 8412); Non - depository credit institutions (groups 61 1 1 - 6163); Office machine repair service (groups 7629 - 7631); Paint, glass, wallpaper store (group 5231); Personal services (groups 7211, 7212, 7215, 7216, 7221 7251, 7291, 7299); Photographic studios (group 7221); Physical fitness facilities (group 7991); Residential multi - family- maximum of 10 dwelling units Real estate (groups 6531 - 6541); Retail nurseries, lawn and garden (group 5261); Security brokers, dealers, exchanges, services (groups 6211 - 6289); Shoe repair shops or shoe shine parlors (group 7251); Travel agencies (groups 4724); Veterinarian's office (groups 0742, 0752) (except for outdoor kenneling); Videotape rental (group 7841); Any other use which is comparable in nature with the foregoing uses as determined by the BZA. E. Specifically prohibited uses: 1. Automotive service stations; 2. Convenience stores with or without gas pumps; 3. Fast food restaurants; F. Development Standards for Commercial and Residential Uses: Table 1 below sets forth the development standards for land uses with this MPUD Ordinance. Standards in the LDC, not specifically - set forth herein shall be those specified in effect as of the date of approval of the site development plan (SDP) or subdivision plat. 3 -3 Agenda Item No. 17E April 24, 2007 Page 61 of 132 Table 1: A. Principal Structures 1. Minimum lot width: One - hundred feet (100'). 2. Minimum lot area: Ten - thousand square feet (10,000 s.f.). 3. Front yard setback: Thirty -five feet (35') from both Livingston and Vanderbilt Beach Roads. 4. Rear yard setback: Seventy feet from north property line (70'). 5. Side yard setbacks: Seventy feet from east property line (70' each). 6. Minimum distance between structures: One -half the sum of each building height but not less than twenty feet (20'). 7. Maximum building height: Thirty -five within three stories as zoned but not to exceed fifty (50') feet (actual height). 8. Minimum floor area: One - thousand square feet (1000 s.f.). 9. Minimum preserve area setback: Twenty -five feet (25') See also Subsection 5.6.G of this Ordinance. 3 -4 Agenda Item No. 17E April 24, 2007 Page 62 of 132 B. Accessory Structures: 1. Front setback: Fifteen feet (15'). 27 Side setback: Fifteen feet (15'). 3. Rear setback: Fifteen feet (15'). 4. Preserve setback: Ten feet (10'). 5. Distance between principal structures: *SPS. 6. Maximum height: Fifteen feet (15') Notes: * See also Subsection 5.6.G of this Ordinance. * SPS- same as principal structures. Except as provided for herein, all criteria set forth in the Table 1 above, shall be understood to be in relation to individual parcels or lot boundary lines. Condominium and /or residential dwelling unit boundary lines shall not be utilized for determining development standards. Size Limitations on Uses: A maximum of 20,000 square feet of floor area for any single commercial user. This is the only limit on the size of permitted uses within the 100,000 square foot maximum of gross leasable floor area allowed. Architectural Common Theme: Structures within this MPUD shall have a Mediterranean architectural theme, inclusive of common or compatible use of materials and colors. Wi Agenda Item No. 17E April 24, 2007 Page 63 of 132 Mixed Use Standards: Residential multi - family dwelling units shall be permitted above commercial structures and shall have a minimum floor area of 1000 square feet and shall be limited to a maximum of ten (10) units. 3 -6 SECTION IV PRESERVE SUBDISTRICT 4.1 USES PERMITTED Agenda Item No. 17E April 24, 2007 Page 64 of 132 A minimum of 15 percent of the native vegetation area or 1.38 acres of the MPUD shall be preserved and set aside as a preserve area. No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following. A. Permitted Uses and Structures: 1. Principal Uses: a. Passive recreation areas. b. Water management and water management structures. c. Nature trails and boardwalks that do not reduce the amount of required preserve area to be retained. d. Mitigation areas. W Agenda Item No. 17E April 24, 2007 Page 65 of 132 SECTION V DEVELOPMENT COMMITMENTS 5.1 TRANSPORTATION REQUIREMENTS The purpose of this Section is to set forth the transportation commitments of the project development. A. All traffic control devises, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the LDC. B. 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. C. If a gate is proposed at any /or all development entrance(s), the gate shall be designed so as not to cause vehicles to be backed up onto any adjacent roadway. To meet this requirement, the following shall be the minimum requirements to achieve that purpose: The minimum throat depth from the nearest interconnecting roadway edge of pavement shall be no less than 100 feet to the key pad /phone box for the proposed gate. 2. A turn around area of sufficient width and with sufficient inside turning radii shall be provided between the aforementioned key pad /phone box and the proposed gate. D. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first certificate of occupancy (CO). 5 -1 Agenda Item No. 17E April 24, 2007 Page 66 of 132 E. Access points and proposed streets shown on the MPUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access shall be consistent with the Collier County Access Management Policy as it may be amended from time to time, and with the Collier County Long Range Transportation Plan. F. Site - related improvements (as apposed to system - related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. G. Payment in lieu of construction of sidewalks and bike lanes for Vanderbilt Beach Road frontage shall be required. The amount shall be determined utilizing FDOT's 2004 Transportation Cost Manual estimates, as amended. Payment shall be required within 30 days of the zoning approval by the Board of County Commissioners. H. Nothing in any development order shall vest a right of access in excess of a right -in /right -out condition at any access point. Neither shall the existence of a point of ingress, a point of egress, 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. If any required turn lane improvement requires the use of any existing County rights -of -way or easements, compensating right - of -way shall be provided without cost to the County as a con - sequence of such improvement. J. A bus stop shall be incorporated into the Vanderbilt Beach Road right -of -way. The bus shelter location and design shall be coordinated with, and approved by, the Collier County ATM Department. A detailed plan of the shelter shall be included in the submittal of the first application for this project. The shelter shall be constructed by the applicant and shall be completed prior to issuance of the first CO. K. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement 5 -2 Agenda Item No. 17E April 24, 2007 Page 67 of 132 within a public right -of -way or easement is determined to be necessary, the developer shall pay its proportional share of the cost of such improvement and shall be paid to Collier County before the issuance of the first CO. 5.2 UTILITY REQUIREMENTS The purpose of this Section is to set forth the utilities and engineering commitments of the project developer. A. Water distribution, sewage collection and transmission and interim water and /or sewage treatment facilities to serve the project shall be designed, constructed, conveyed, owned and maintained in accordance with applicable County ordinances, 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 development shall be subject to application for and conditions associated with a water and sewer availability letter from the Collier County Utilities Division. 5.3 EASEMENTS FOR UTILITIES Easements, where required, shall be provided for water management areas, utilities and other purposes as may be required by Collier County. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities in compliance with the applicable regulations in effect at the time SDP and plat approvals are requested. 5.4 ENGINEERING REQUIREMENTS A. Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless detailed paving, grading, site drainage and utility plans are submitted and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. 5 -3 Agenda Item No. 17E April 24, 2007 Page 68 of 132 B. A copy of the SFWMD Surface Water Management Permit, if required, shall be reviewed by the Development Services Staff prior to any construction drawing approvals. 5.5 WATER MANAGEMENT REQUIREMENTS The purpose of this Section is to set forth the water management commitments of the project developer. A. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the LDC. B. An excavation permit shall be required where applicable, in accordance with the LDC and South Florida Water Management District rules. C. A surface water management permit shall be obtained from the (SFWMD) prior to any subdivision or SDP approval, if applicable. D. Any existing or proposed easements for Collier County storm water facilities shall be maintained free of landscaping berm, or any other kind of obstacle that could impede adequate access to maintenance crews and equipment. E. If 3.1 slopes are used in this MPUD, possible guardrail, fencing, outlet and gratings may be required in addition to plantings and ground cover plantings. 5.6 ENVIRONMENTAL REQUIREMENTS The purpose of this Section is to set forth the environmental commitments of the project developer. A. The MPUD shall be required to preserve 15% of native vegetation. The preservation plans shall meet or exceed the requirements of the LDC. B. All approved agency SFWMD, United States Army Corps of Engineers [ACOE], FWC) permits, as applicable, shall be submitted prior to final SDP /construction plan approval. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. 5 -4 Agenda Item No. 17E April 24, 2007 Page 69 of 132 C. All conservation areas shall be designated as conservation/ preservation tracts or easements on all construction plans and shall be recorded on the plat or SDP, whichever is applicable, with protective covenants per or similar to Section 704.06 of the Florida Statutes. D. In the event the project does not require platting, all areas shall be recorded as conservation /preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Florida Statutes of the Section 704.06. E. 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 Staff for review and approval prior to final SDP /construction plan approval. F. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants in perpetuity shall be the responsibility of the property owner. This information shall be provided to Environmental Services Staff for review at the time development orders are requested. G. All principal structures shall have a minimum setback of 25 -feet from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 10 -foot setback. H. The stormwater management system shall be monitored on an annual basis. If the stormwater management system negatively affects native vegetation in the Preserve Area, then the vegetation shall be recreated. A preserve management plan shall be provided to the Environmental Services Staff for approval prior to site construction approval identifying methods to address treatment of invasive species and fire management. 5 -5 Agenda Item No. 17E April 24, 2007 Page 70 of 132 EXHIBIT "A" MASTER PLAN Agenda Item No. 17E April 24, 2007 Page 71 of 132 J01113iifIi7Y LIST OF REQUESTED DEVIATIONS FROM THE LDC The purpose of this section is to set forth the deviations to the LDC that governs the development of this MPUD. A. The Collier County Access Management Policy Resolution No. 01.247 requires a minimum spacing 1320 feet from the intersection of Livingston Road for access location. Due to the size of the parcel, the access onto Livingston Road is shown approximately 420 feet from the intersection of Livingston Road and Vanderbilt Beach Road. This access point was agreed to as part of a stipulated final judgment between Collier County, FL vs. Tiburon Golf Ventures L.P., et al, case # 04- 4678 -CA parcel # 15. B. The requirement for a wall between commercial and residential uses prescribed in Subsection 5.03.02 E 2 and 3 of the LDC shall be waived along the north and east property lines that are adjacent to residential development. The buffer areas shown on the MPUD Master Plan are presumed to provide sufficient screening and buffering and shall provide the same level of screening as to the LDC requirements after exotic removal. C:AAdl,.ib eXpressV Input \Agenda.BCCAGENDA.32679.doc wo T.o .J N p. .�Q <0 C N m LU }/ \� ƒ |$ ;2 �.§ �! |( � (§ | )! |` i �pq � � � » � � • r � . , ■ ; �0A 0|o ` S § ■ _ . » / R . . � Agenda Item No. 17E COPY April 24, 2007 2 Environmental Assessment Report Of Bridgewood Square 9.18 ac. Tract Sec. 31, T48S, R26E Livingston Road & Vanderbilt Road, Collier County, FL SF WMD Permit No. 11- 02377 -P January 30, 2006 Revised: May 18, 2006 Prepared for: Hole, Monies, Inc. 950 Encore Way Naples, Florida 34110 Tel: (239) 2542000 Pnx: (239) 254 -2099 Conducted by: Geza Wass de Czcge, President Southern Biomes, Inc., Woodford Ave., Fort Myers, FL 33901 Tel; (239) 334-6766 Fax: (239) 337-5028 REV.2 PUDZ- 2006 -AR -9150 PROJECT #2006010030 DATE: 9/26/06 MELISSA ZONE Agenda Item No. 17E April 24, 2007 Page 75 of 132 Southern Biomes, Inc. Division of Environmental Information Services 1602 Woodford Ave., Fort Myers, FL 33901 - mail to: P.O. Box 50640, Fort Myers, FL 33994 Ph. (239) 334.6766 Gaza Wass de Czego, Prosident - FAX (239) 337 -5028 EAS Report for Bridgewood Square 9.18 ac. Tract, Sec. 31, T48S, R26E, Livingston & Vanderbilt Roads Collier County, FL Date: May 18, 2006 Environmental Assessment Report Livingston Village 9.8 ac. Tract Sec. 31, T48S, R26E, Livingston & Vanderbilt Roads, Collier County, Florida 1. SITE LOCATION: The subject property consists of a rectangular shaped parcels of land located on the northeast corner of the intersection of Livingston Road and Vanderbilt Road. To the north is a golf course, to the east is a pet shelter and grooming facility, while to the west is Livingston Road, and to the south is Vanderbilt Road. 2. VEGETATION MAP: A map of the vegetation associations, with the Florida Land Use and Cover Classification System (FLUCCS) can be found in the attached SFWMD permit (Exhibit 3.0). 3. VEGETATION INVENTORY: There are three (3) upland and one (1) wetland communities on -site, they are all naturally vegetated, with varying degrees of melaleuca and Brazilian pepper invasion. There are 3.31 acres of pine flatwoods (411), 2.02 acres of mixed hardwoods (434), and 0.14 acres of melaleuca (434). The wetlands consist of 4.33 acres of pine- cypress- cabbage palm forest (624), totaling to 9.8 acres. A brief description and dominant canopy, midstory, and ground cover are listed according to habitat types identified on site. UPLAND COMMUNITIES f( 5.47 Acres): There are three (3) upland communities associated with the property. All the communities showed some evidence of exotic invasion. The following is a summary description of each community: Pine Flatwoods - 411: (3.31 acres) this community dominates the majority of the eastern half of the property. It consists of scattered mature pines with a palmetto (50% canopy), dahoon holly, cabbage palm, melaleuca and Brazilian pepper understory. Other vegetation consist of gallberry, rusty lyonia, beautybery, broomsedge, grape vine, wiregrass, and pennyroyal. Melaleuea Forest - 424: (0.14 acres) this vegetative community is along the northern portion of the forested area. It consists of a dense canopy of Melaleuca, with scattered slash pine, and a dense ground cover of bracken fem. Associated vegetation consists of scattered cabbage palm, ear leaf acacia, young slash pine and saw palmetto clusters. Additional groundcwver vegetation consists of grapevine, beautyberry, and lantana. Mixed Hardwoods Forest - 434: (2.02 acres) this vegetative community is located on the eastern end of the property. The canopy cover consists of slash pine, melaleuca, cypress, and cabbage palm. The understory consist of scattered saw palmetto, downy rosemyrtle, Brazilian pepper, wax myrtle and saw grass. 2- Agenda Item No. 17E April 24, 2007 Page 76 of 132 Southern Biomes, Inc. Division of Environmental information Services 1602 Woodford Ave., Fort Myers, FL 33901 - mail to: P.O. Box 50640, Fort Myers, FL 33994 Ph. (239) 334 -6766 • _ Gaza Wass de Czege, President - FAX (239) 337 -5028 HAS Report for Bridgcwood Square 9.18 ac. Tract, Sec. 31, T48S, R26E, Livingston & Vanderbilt Roads Collier County, FL Date: May 18, 2006 WETLAND COMMUNITIES t4,33 Acres): There is one (1) wetland community associated with the property. This community showed evidence of exotic invasion. Please see the attached SFWMD Permit ( #11- 02377 -P) that includes a summary of the mitigation and compensation for the impacts to the wetlands through the Big Cypress Mitigation Bank. The following is a summary description of the community: Pine - Cypress - Cabbage Palm Forest - 624: (4.33 acres) this community encompasses the majority of the western half of the property and consists of a mixture of slash pine, cypress and cabbage palm, with scattered areas of melaleuca at varying densities of invasion. The midstory and understory consists of young melaleuca, downy rosemyrtle, myrsine, wax myrtle, salt bush, swamp fern, and saw grass. The area has been impacted by drainage, the lowering of the water table and the presence of exotic vegetation, specifically Brazilian pepper and melaleuca. The western area has a significant understory of swamp fern and saw grass. HABITAT SUMMARY CODE DESCRIPTION ACRES 411 Pine Flatwoods 3.31 424 Melaleuca Forest 0.14 434 Mixed Hardwoods 2.02 624 Pine Flatwoods 4.33 TOTAL ±9.80 -3- Agenda Item No. 17E April 24, 2007 Page 77 of 132 Southern Biomes, Inc. Division of Environmental Information Services 1602 Woodford Ave., Fort Myers, FL 33901 - mail to: P.O. Box 50640, Fort Myers, FL 33994 Ph. (239) 334 -6766 Gem Wass de Czege, President - FAX (239) 337 -5028 LAS Report for Bridgewood Square 9.18 ac. Tract, Sec. 31, T48S, R26E, Livingston & Vanderbilt Roads Collier County, FL Date: May 18, 2006 4. Fish, Wildlife, Listed Species and their Habitats: There have been several endangered species surveys conducted on this site. It was previously surveyed in December of 1997, June of 2001, and again in November of 2005. Most recently, endangered species were surveyed on January 3 & 5 and May 18, 2006. On all site surveys, no listed endangered or threatened species were observed on the subject property, The following describes the survey methodology and results. Endangered Species Survey Methodology: The entire project site has been field surveyed for endangered species using a modification of the transect line methods established by the Florida Fish and Wildlife Conservation Commission (FWC). The modified survey methodology has proven effective in covering 90 -95% of the sites surveyed. The modified strip census uses meandering transect lines at 75' - 100' intervals. The meanders extend into adjoining transect lines to provide a near 100% coverage. The frequency of the meanders is determined by the ground cover and visibility. More densely vegetated areas receive a greater frequency of meanders, thus decreasing the area between meanders in some habitats to as nears as 12' apart. if the terminus flagging markers of the hansect lines are not visible, then survey flagging tape is attached to vegetation at the outer extent of the transect meanders to mark the coverage area for that transect. The visibility of the flagging tape assists in maintaining the transect direction, and is used as a gauge for determining the frequency of meanders within a transect area. Each tape must be visible from the previous meander. On the subsequent transects, the flagging tape is removed and relocated at the outer limits of it's transect area. Faunal species which do not lend themselves to the typical transect line survey methodology typically used for determining stationary floral and faunal species, require an additional method of observation. These species can be best observed by using game stalking techniques and periodic observations with field glasses at frequent intervals along transect lines. The frequency and duration of observations are determined by habitat density, species observed, and the stalking skills of the observer. The ability to blend into the surroundings is another key requirement for success. Any species observed were noted on an aerial photograph as to location and number of species sighted. Species presence and abundance on a given site cannot be determined for all 4- Agenda Item No. 17E April 24: 2007 Page 78 of 132 Southern Biomes, Inc. Division of Environmental Information Services 1602 Woodford Ave,, Fort Myers, FL 33901 - mall to: P.O. Box 50640, Fort Myers, FL 33994 Ph. (239) 334 -6766 - Gaza Wass de Czege, President - FAX (239) 337 -5028 EAS Report for Bridgewood Square 9.18 ac. Tract, Sec. 31, T48S, R26E, Livingston & Vanderbilt Roads Collier County, FL Date: May 18, 2006 species listed. Therefore, fauna which are mobile, transient, or deceptive are not always observed during a typical field survey such as required by Collier County. This is especially true for species abundance. Therefore, the status of each species is listed as to presence and numbers observed, and those species which can be reasonably surveyed for abundance is provided with such data. Habitats Surveyed: Comments Observed Code Description Species 411 Pine Flatwoods -0- 424 Melaleuca Forest -0- 434 Mixed Hardwood Forest -0- 624 Pine- Cypress - Cabbage Palm -0- Endangered Species Observations: Below are listed species that are typically expected to be observed within the habitats identified on the project site, or similar habitats within Collier County. Observation notes and comments are made on each species. Endangered Species Expected to be Observed on Similar Habitats UPLAND SPECIES: Common Name Eastern indigo snake gopher tortoise gopher frog S'eastem American Kestrel American bold eagle Burrowing owl Lcasi (ern Fox squirrel twisted air plant Florida coontie Red - cockaded woodpecker Scientific Name Dtynrarchon corals coujvri Gopherwpolyphemus Rata areolata Falco sparverius paidus /lahaenrs kucocephalus Speolylo naiv¢dwia Sterna auillartan Sclums roger Tillandsin flextrosa Znntto Floridnrm Ficoides borealis -5- Obs. Comments no not observed no not observed no not observed 110 not ob5CNat na not observed no not observed 110 not observed no not observed no 1101 observed no not observed no not observed Agenda Item No. 17E April 24, 2007 Page 79 of 132 Southern Biomes, Inc. Division of Environmental Information Services 1602 Woodford Ave., Fort Myers, FL 33901 - mail to: P.O. Box 50640, Fort Myers, FL 33994 Ph. (239) 334 -6766 - Geza Wass de Czege, President - FAX (239) 337 -5028 EAS Report for Bridgewood Square 9.18 ac. Tract, See. 31, T48S, R26E, Livingston & Vanderbilt Roads Collier County, FL Date: May 18, 2006 Endangered Species Expected to be Observed on Similar Habitats (cunt.) WETLAND SPECIES: Common Name American alligator Eastern indigo snake Little blue lemon Snowy egret Tricolored hemn White Ibis Wood stork Everglades mink Discussion and Conclusion: Scientific Name dlligalor urirsissippiensis Drymamhon co, ais couperi Egrella caerrden Egretta !hula Egretta tricolor Eudociraus alhus Mycteria aniericmna Mustela vision evergladensis obs. Comments no not observed no not observed no not observed no not observed no not observed no not observed no not observed no inappropriate habitat As previously noted, no endangered, threatened, or species of special concern were observed on the property during any of the listed species surveys. Special attention was given to the fox squirrel and red cockaded woodpecker in the pine forested areas, and to the gopher tortoise in the uplands and fringes of the property. Because the area is completely isolated from all other undeveloped natural areas, and is surrounded by major roadways on two sides and residential and commercial development on the remaining two sides, it is considered inaccessible and unsuitable habitat for any listed species to forage or nest, and as expected, none were observed. 5. Historic and Archeological Research: Please find attached a letter for the State of Florida's Division of Historic Resources, dated Dec. 30, 1997, in which they state that researching the Florida Master Site Files, there are no know listings for any archaeological or historical sites located within the subject property. 6. Indigenous Vegetation Requirements: Due to the constraints for the development of the subject property, associated with fill requirements, it is not feasibly practicable to attempt to preserve any of the existing indigenous areas. The amount of fill required would stress the trees and cause them to die. In addition, the site has been impacted with melaleuca to such degree that the SFWMD's WRAP provided only a 0.51 functional assessment value for the wetlands. Therefore, the project plans have provided areas to be replanted with indigenous vegetation. A maintenance plan has been attached with this report to monitor and maintain the preserve in perpetuity. -6- r T m a C N m N ch O O W N m m IL F V F m Q F7 U G U z z o a U 5 Q P'I F q 5 U V W W z � G ° o ° x v ¢ �a q r a w ar Q z , -60 0606 9Nmnd - iaodhlV F U O � F '+t U V k7] i z 0 5 o� F� UW w U 0 a . aQ �z in �zry —o� za x�m W ten¢ zzo Nr U�U Zvi R2� COQ U�M w C m00 r c+ Rte.. WSW ¢OJ dUI� L.0 � O N O d- Z N �n �d a c m d o n _ ¢2¢ zLLm s o ti El r N W W '_--- -- -` - -i- i Ii z Q i a r j I � W s Q= II aoa was W< Z _ ¢ - w — g I l z � I U o e§ LL I € J J < a 0 z? I N o a 0 t W i Cc �..w f Q J •I'• •'n�� .... - - ____ -- I o�= cc - -- / 1 - -- — a �S cc m - - - -- _� - - - ---- - - - - -- OVOU NOISSNIAII - a II -' Agenda Item No. 17E April 24, 2007 Page 82 of 132 Indigenous Habitat Restoration Plan Bridgewood Square 9.18 Acre Tract Sec. 31, T48S, R26E, Livingston & Vanderbilt Roads Collier County, FL April 28, 2006 Engineers Hole, Montes, Inc. 950 Encorc Way Naples, Florida 34110 Tel: (239) 254-2000 Fax: (239) 254-2099 conducted by Southern Biomes, Inc. 1602 Woodford Ave., Fort Myers, FL 33901 - mail to: P.O. Box 50640, Fort Myers, FL 33994 Ph.: (239) 334 -6766 - Geza Wass de Czege, President - Fax: (239) 337 -5028 Agenda Item No. 17E April 24, 2007 Southern Biomes, Inc. Page 83 of 132 1602 Woodford Ave., Port Myers, PL 33901 - mail to: P.O. Box 50640, Fort Myers, FL 33994 Ph.: (239) 334 -6766 - Geza Wass de Czege, President - Fax: (239) 337 -5025 Indigenous Habitat Restoration flan, Bridgewood Square 9.18 ac. Tract, Sec, 31, T48S, R26E, Livingston & Vanderbilt Roads, Collier County, FL Aprit 28, 2006 A. HABITAT RESTORATION GUIDELINES SITE DESCRIPTION: The subject property consists of a rectangular shaped parcels of land located on the northeast corner of the intersection of Livingston Road and Vanderbilt Road. To the north is a golf course, to the east is a pet shelter and grooming facility, while to the west is Livingston Road, and to the south is Vanderbilt Road. The entire site is forested, with both uplands and wetlands, with scattered areas dominated with dense mclalcuca. The property is considerably lower than the required development grade, and the design of the site plan makes the preservation of indigenous areas unrealistic to attempt to preserve and assume survivability. Therefore, an indigenous habitat will be restored along the eastern and northern portions of the property, within the area designated as a dry retention area. 2. PLANTING GUIDELINES EXECUTIVE SUMMARY: The designated restoration area will consist of a mixed forest ranging from transitional cypress and slash pine habitats to hydric hammock, The restoration area will be planted with a mix of slash pine, dahoon holly, laurel oak, cabbage palm, saw palmetto, beautyberty, wax myrtle, gallberry, myrsine, sandcord grass, mully grass, wiregrass, and Fakahatchee grass. The plantings will be according to Collier County's Department of Community Development, Division of Environmental Sciences indigenous habitat restoration area planting guidelines: Berm Fringe and Retention Area (approx. 43,560 sq. ft.) • One hundred ten (110) 14 foot tall, 2 inch dbh trees, 20' on center: • slash pine (Purus elhottu) • dahoon holly (Ilex cassine) • cypress Taxodium spp. • swamp bay (Persea Palttstris) • laurel oak (Que)-cus laurifolia) • cabbage palm (Sabel palmetto) • red maple (Acerrubrtan) • Four hundred thirty five (435) 36" high, 3 • saw palmetto (Serenoa repens) • wax myrtle (Myrica aP.) • gallbeny (flex glabra) • myrsine (Alyrsine sp.) Four thousand eight hundred forty (4,840) • wiregrass (Aristida spp) • gulf paspalum(Paspahnr monostachyum) • blue maidencane (Antphiccspum muhlen.) gallon containerized shrubs, 10' on center: • swamp dogwood Cornus foentina • buttonbush (Ceph alai? thus occidentalis) • bcaulyber y (Calbcatpa americans) gal. Cont. herbaceous plants, 3' on center: • sandcord grass (Spartina sp.) • mully grass (Muhlenbegia sp.) • Fakahatchee grass (Tripsacwn .sp.) Agenda Item No. 17E April 24, 2007 Southern Biomes, Inc. Page 84 of 132 1602 Woodford Ave., Fort Myers, FL 33901 - marl to: P.O. Box 50640, Fort Myers, FL 33994 Ph.: (239) 334 -6766 - Geza Wass de Czege, President - Fax: (239) 337 -502£ Lndigenous Habitat Restoration Plan, Bridgewood Square 9.18 ac. Tract, Sec. 31, T48S, R26E, I Vanderbilt Roads, Collier County, FL April 28, 2006 PLANTING AND MONITORING GUIDELINES: 1. Indigenous restoration areas are to be graded to a natural slope and ruts remove from any previously disturbed areas. 2. Eradicate any melaleuca, Brazilian pepper, cattails, torpedograss, primrose willow, or any other exotic or nuisance vegetation prior to replanting, with an approved systemic herbicide, and establish an annual eradication program to maintain the area free of exotic species, and the nuisance species to less than 2% coverage. 3. Replant upland restoration areas with plant species as designated in the list provided. • Twenty four (110) 14 foot tall, 2 inch dbh trees, 20' on center: • Ninety six (435) 36" high, 3 gallon containerized shrubs, 10' on center: • Four thousand eight hundred forty (4,840) 1 gallon containerized herbaceous plants, 3' on center with a mix of at least three of the following, with none more than 50% of the total: 4. Maintain a semi - annual exotic plant control the first year, and an annual control thereafter, in perpetuity, to treat the exotic vegetation resprouting with an approved herbicide, and manually remove any seedlings. Conduct activities during the winter and spring dry season. 6. Provide Collier County with an annual monitoring report, for 5 years, including plant survival data and qualitative narrative describing the vegetative changes within the mitigation area. Include the following: a. Provide three fixed point photo station' panoramic photograph analyses at the designated locations. b. Narrative report of exotics invasion, and removal success. c. Plant survival data and revegetation success data from each wetland and upland, including quantitative data, natural recruitment success, exotic invasion, general condition, and recommendations. Mitigation success criteria are as follows: a. The area is maintained with no more than 2% of exotics plants (including but not limited to melaleuca, Brazilian pepper, Australian pine, etc.), and the number of exotic plants eradicated each year has been greatly reduced. b. All nuisance plant species (cattails, torpedo grass, primrose willow, caesarweed, etc.) constitute no more than 2% of the total plant coverage. c. There is an 80% survival rate of the planted vegetation and at least 80% coverage of the planted area by indigenous native vegetation at the end of the third year of monitoring. d. There is a continual increase in indigenous plant species composition throughout the five year monitoring period. -2- Agenda Item No. 17E April 24, 2007 Pa e 85 of 132 Southern Biomes, Inc, g 1602 Woodford Ave., Fort Myers, FL 33901 - mail to: P.O. Box 50640, Fort Myers, FL 33994 Pit.: (239) 334 -6766 - Gem Wass de Czege, President - Fax: (239) 337 -5028 Indigenous Habitat Restoration Plan, Bridgewood Square 9.18 ac. Tract, See. 31, T48S, R26B, Livingston & Vanderbilt Roads, Collier County, FL April 28, 2006 Maintenance Guidelines for the Indigenous Habitat Preserve: 1. Manually remove or eradicate all exotic vegetation, including but not limited to Brazilian pepper, ear -leaf acacia, Chinese climbing fern, downy -rose myrtle, Australian pine, and melaleuca, and treat stumps with a recommended herbicide within 15 minutes after cutting. 2. Maintenance will be conducted in perpetuity to ensure that the preserve /enhanced wetlands and uplands are 100% free from exotic vegetation (as currently defined by the Florida Exotic Pest Plant Council). 3. Maintain a semi - annual exotic plant control the first year and an annual control thereafter, in perpetuity, to treat the exotic vegetation resprouting with an approved herbicide, and manually remove any seedlings. Conduct activities during the winter and spring dry season. 4. Provide Collier County's Department of Community Development, Division of Environmental Sciences with an annual monitoring report for 5 years, with the first report submitted within 30 days of completed exotic eradication, including a qualitative narrative describing the vegetative changes and wildlife activities within the preserve area. Specifically, Include the following. a. Fixed point photo stations panoramic photograph analysis. b. Narrative report of exotics maintenance success and re- Invasion status. c. Report should include quantitative data, natural recruitment success, exotic invasion, general condition, and recommendations. d. Also include a narrative of typical and unique wildlife utilization. 5. Exotic removal success criteria are as follows: a. The area is maintained, in perpetuity, in such a manor as to ensure that the preserve area will be 100% free of exotic and nuisance plants, as defined by the Florida Exotic Pest Plant Council (including but not limited to melaleuca, Brazilian pepper, Australian pine, ear -leaf acacia, old world climbing fern, downy -rose myrtle, cattails, torpedograss, primrose willow, & caesarweed). b. There is a continual increase in indigenous plant species composition within the exotic removal areas throughout the five year monitoring period. 6. Signage shall be placed at each end of the indigenous preserve area to identify and protect the preserve during and after construction. The signs shall be no closer than ten feet from adjacent property lines: be limited to a maximum height of four feet and a maximum size of two square feet; and otherwise comply with Section 2.5.6 of the LDC. 7. Preserve Monitor: Geza Wass de Czege, Southern Biomes, Inc., 1602 Woodford Ave., Ft. Myers, FL 33901, (239) 334 -6766 Owner /Developer: The indigenous preserve manager is retained under annual contract. The owner /developer will be responsible for informing the County of any changes regarding the preserve manager and owner /developer contacts. 3- wo .J E_ �a =a m c m m is 1 1 I I I N O I O O d Y x a j I $ i I�Yito ° I a a j 1 4�I a I 1 1 I I y W Z a oU I O H O Ili Wa i I m f3 � o of go x 1 O c N ai �p I'Ij'i ! I I f I ICI j i �a }-- a ' 0 �@� III mm, I 1 a zI j E m oa; v j NIM i:k, E1 yyp 3 ______________ JU _ — a e a — _. q y =_ _ ara leuea+n 6 - -- -' _ a_ -- - -- -- �i84 �,, — } _ — - '= `- — - -- - - - - - -- OtlOH N0159NIAIl OtlOx NOlSON1All N l ------------------------ _ _ J j _ _____ ____ I J O II J j ¢, o Dim 0 LL i } III O J W IS j I \ I a a r j I 1; W i zc iI II ' pe G I it I 1 Ii 5 w� �o N O Z iy N = Q N C N m Q Ell i -i EE- 'I fl FJ �� . . FI EltEi a u //A "j hl H 1 A������ FI ■�/ � 0 H ■1� FI �rj rj �_' El - - ''�F) iJS� �J PJ t; q ,�3 t k; H FI pill H H 11 H H Fl FI - q. ���� • H F'Jr ="' HH�; y rill �'�`'i , ■ -t H • ..J F1 C^i F n F FI FI tl it rr11 Pica nt,Lv SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Pahn Beach, Florida 33406 • (561) 686 -880D • FL WAT51 -800- 432 -2045 • TDD (561) 697 -2574 Mailing Address: P.D. Box 24680, West Palm Beach, FL 334164680 • www.sPo✓md.gov March 30, 2005 Crossroads Community Church of Naples 2057 Trade Center Way Naples, FL 34109 Subject: Application No., 020219 -16, Crossroads Community Church Collier County, S3Ifr48S /R26E Enclosed is a copy of the South Florida Water Management District's staff report coveting the permit application referenced therein. It is requested that you read this staff report thoroughly and understand its contents. The recommendations as stated in the staff report will be presented to our Governing Board for consideration on Wednesday, April 13, 2005. Should you wish to object to the staff recommendation or file a petition, please provide written objections, petitions and /or waivers (refer to the attached "Notice of Rights ") to: Elizabeth VegufIIa, Deputy Clerk South Florida Water Management District Post Office Box 24680 West Palm Beach, Florida 33416 -4680 The "Notice of Rights" addresses the procedures to be followed if you desire a public -- hearing or other review of the proposed agency action. You are advised, however, to be prepared to defend your position regarding the permit application when it is considered by the Governing Board for final agency action, even if you agree with the staff. recommendation as the Governing Board may take final agency action which differs materially from the proposed agency action. Please contact the District if you have any questions concerning this matter. CERTIFICATE OF SERVICE I I EREBY CERTIFY that a "Notice of Rights" has been mailed to the addressee this 30 day of March, 2005 in accordance with Section 120.60 (3), Florida Statutes. Sincerely, Damon Meiers,P.E., Deputy Director Environmental Resource Regulation Department DM/gh CERTIFIED #7003 3110 0004 9940 0162 RETURN RECEIPT REQUESTED GOVERNING BOARD Nicollis ). Guti6rrez, Jr., Esq., Gmir Michael Collins Pamela Brooks- Thomas, Via -t,mir Hugh M. English Ircis M. Baeud Lennart E. Lindaht. P.E. pUDZ- 2006 -AR -9150 REV: 3 BRADFORD SQUARE Project: 2006010030 Date: 11/29 /2006 DUE: 12 /29/06 EXECUTIVE OFFICE Kevin McCarty Henry Dean, Eremi ine Dincmr Harkley R. Thornton Tmdi K. Williams. P -E. m N •F:yun_umam.rai Last Date For Agency Action: 13- APR -2005 INDIVIDUAL ENVIRONMENTAL RESOURCE PERMIT STAFF REPORT Project Name: Crossroads Community Church Permit No.: 11- 02377 -P Application No.: 020219 -16 Application Type: Environmental Resource (New Construction /Operation) Location: Collier County, S31IT48SIR26E Permittee : Crossroads Community Church Of Naples Operating Entity: Crossroads Community Church Of Naples Project Area: 9.8 acres Project Land Use: Institutional Drainage Basin: WEST COLLIER Agenda Item No. 17E April 24, 2007 Page 89 of -132 DRAFT Subject to Governing Board Approval Sub Basin: AIRPORT ROAD CANAL Receiving Body: Airport Road North Subbasin via Vanderbilt Beach Road Class: CLASS III roadside swale Special Drainage District: NA Total Acres Wetland Onsite: 4.33 Total Acres Impacted Onsite : 4.33 Offsite Mitigation Credits- Mit.Bank: 4.42 Big Cypress Mitigation Bank Conservation Easement To District : No Sovereign Submerged Lands: No j'R.Sa+O0 RON k 1 The purpose of this application is to request Construction and Operation Authorization of an Environmental Resource Permit for a Surface Water Management System serving a 9.82 -acre religious development known as Crossroads Community Church with discharge into waters of the Airport Road North Subbasin via the Vanderbilt Beach Road roadside swale system. App.no.: 020219 -16 Page 1 of 12 rp_staff_repo rt_umam. rdf PROJECT EVALUATION: Agenda Item No. 17E April 24, 2007' Page 90 of 132 M . �y ,`. ..yy� yy{� 11 1 I+ .YI �i t r f . 4 / �Rr+?'.�.`�fN F- �"�'s"�9A�3'�.I�CE��h �� �w.� {�a iS'�.5�'��. i��3F.+�b�iv� � : �� ,g}3e •`�:.. °rth. 1.."4 ,i, <f9M1y,._�,: ,.�., J:aa,,, :.N+N.lrcv��3� tin #. YR The site is located on the northeast corner of the Vanderbilt Beach Road and Livingston Road intersection in Collier County. Access to the site is from Vanderbilt Beach Road and Livingston Road. The project consists of constructing a building, parking, sidewalks, open area, and a surface water management system. The site currently does not have a surface water management system present. A location map Is attached as Exhibit 1.0 and 1.1. The projects site consists of upland and wetland areas. The 5.47 acre upland areas comprise pine flatwoods, melaleuca, and mixed hardwood community. The wetland areas within the site consist of 4.33 acres of cypress- cabbage palm community. A FLUCCS map is attached as Exhibit 3.0. The applicant proposes a 9.82 acre religious development known as Crossroads Community Church consisting of a building, parking, sidewalks, open area, and a surface water management system. The surface water management system consists of a dry detention system, Runoff is directed into the surface water management system via catch basins and sheetflow. The two interconnected dry detention areas provide the required water quality treatment and attenuation for the 25 year 3 day event prior to discharging through a "Modified" Type C structure into the Vanderbilt Beach Road roadside swale system within the Airport Canal North Subbasin. Construction: Project: Total Project Building Coverage .91 acres Impervious 4.22 acres Pervious 3.35 acres Water Mgnt Acreage 1.34 acres Total: 9.82 i x,. y,a,� 1P 1' h �z� 4 & �l R, ♦i� 1 .r �� ?�e9 i ? .,. , -r t�Y .5�.... . -., Fli S ' �k"N' �`: 3,r$..,a.t .f -1,as ;N" Y�.�^YM } F.' d.0 i...> b Discharge Rate : As shown in the table below, the proposed surface water management system is fitted with a minimum bleeder through which all discharge occurs during the 25 year 3 day event. Discharge Storm Frequency: 25 YEAR -3 DAY Design Rainfall : 11.4 inches Basin Allow Disch Method Of Peak Disch Peak Stage (cfs) Determination (cfs) ( ft, NGVD) Cross. Comm. Church .39 Minimum Size Bleeder .46 16.23 App.no.: 020219 -16 Page 2 of 12 Agenda Item No. 17E April 24, 2007 Page 91 of 132 Finished Floors : Building Storm Frequency: 100 YEAR -3 DAY Design Rainfall: 14.2 inches Basin Peak Stage Proposed Min. Finished Floors FEMA Elevation __ ( ft, NGVD) (ft, NGVD) ( ft, NGVD) Cross. Comm. Church 16.83 17.75 NIA Road Design : Road Storm Frequency: 25 YEAR -3 DAY Design Rainfall: 11.4 Inches Basin Peak Stage Proposed Min. Road Crown ( ft, NGVD) ( ft, NGVD) Cross. Comm. Church 16.23 16.25 Control Elevation : Basin Area Ctrl Elev WSWT Ctrl Elev Method Of (Acres) ( ft, NGVD) ( ft, NGVD) Determination Cross. Comm. Church 9.80 12.35 12.35 Wetland Indicator Elevation Receiving Body: Basin Cross. Comm. Church Discharge Structures: Inlets: Basin Str.# Receiving Body i Vanderbilt Beach Road roadside swale Note: The units for all the elevation values of structures are ( ft, NGVD) Str# Count Type Width Length Dia. Crest Elev. Cross Comm. 1 1 Fdot Mod C Drop Inlet 3.33' 4.33' 16.25 Church Water Quality Structures: Note: The units for all the elevation values of structures are ( ft, NGVD) Bleeders: Basin Str# Count Type Width Height Length Dia. Invert Invert Ele, Angle Cross. 1 1 Circular Orifice 3' _ 12.35 Comm. Church WATER QUALITY:. The dry detention areas provides the required water quality storage and treatment for the proposed improvements and includes 0.08 ac -ft of compensating water quality for 3,908 sq. ft of turn lane improvements along Vanderbilt Beach Road and 3,993 sq, ft. of turn lane Improvements along Livingston Road. In addition to the required water quality, an Urban Stormwater Management Program and Construction Pollution Prevention Plan specifications and guidelines are part of the required water quality. Construction and dally operation of the project shall be conducted in accordance with Special Condition Nos. 17 - 19 and Exhibits Nos. 4.0 -4.9 and 5.0 -5.5 which are incorporated by reference and shall be retained in the permit file. No adverse water quality impacts are anticipated as a result of the proposed project. App. no.: 020219 -16 Page 3 of 12 p_staff_repon_umam. rdf Basin Cross. Comm. Church Treatment Method Treatment Dry Detention Agenda Item.No. 17E April 24. 200?' Page 92 of 132 Vol Req.d (ac-ft) Vol Prov'd (ac -ft) 1.53 1.53 4fiu S1 141, L >3 a,r 6rtl� 1990-00 R ��i1110N ] The wetland areas within the site comprise 4.33 acres of cypress - cabbage palm community, with scattered pine and few ground covers. The onslte wetland areas are surrounded by roads and developments, and exotic vegetation such as Brazilian pepper and melaleuce are scattered throughout the project site. The proposed project will result In direct impacts to the 4.33 acres of onslte wetlands. In order to offset the proposed wetland impacts, the applicant will purchase 4.42 freshwater forested mitigation credits from Big Cypress Mitigation Bank. No adverse cumulative impacts are anticipated as a result of the proposed project's development. Cumulative Impact Assessment: Pursuant to Section 4.2.8 of the Basis of Review, the proposed project has been reviewed for potential cumulative adverse impacts to wetlands and other surface water within the West Collier Drainage Basin. The site provides negligible benefit to other wetlands In the basin as a result of its isolation and site condition. Therefore, no adverse cumulative impacts are anticipated as a result of the proposed project's development. Wetland Inventory : CONSTRUCTION MOD - CROSSROADS COMMUNITY CHURCH site Site P Pre - Development P Post•Development Id Type Pre A AA Acreage C Current w Ares. Post A AdJ Functional Fluc T Type (Acres) W Wo Pres P Prolect Lag (ym) Factor Factor Fluccs D Delta Gain/Loss Fluccs Code Description 100 Urban And Residential 624 Cypress - Pine - Cabbage Palm MITBANK BIG CYPRESS MITIGATION BANK Type Of Credits I I Number Of Credits Fresh Water Forested Mitigation Bank Cr Used 4.42 App.no.: 020219•ie Page 4 of 12 Agenda Item No. 17E April 24. 2007 Page 93 of •132 MITBANK BIG CYPRESS MITIGATION BANK A protected species survey was conducted for the project site and nojwetland- dependent endangered /threatened species or species of special concern were observed onsite. This permit does not relieve the applicant from complying with all applicable rules and any other agencies' requirements if, in the future, endangered /threatened species or species of special concern are discovered on the site. , OWN NW4 'x!:s 5.'. �+'. e: �31��. r, r�.` S'StivT�.2s'�«�]i..r.}�f±�)ti' X5S1'�k�'i.'?71:I,�I"'ru:����yy,$, tr�l�4`,ra•L�rt, n7k:X:: -. Within 60 days of permit Issuance and prior to the commencement of construction in wetlands, the permittee shall submit documentation demonstrating that 4.42 freshwater forested credits have been deducted from the ledger for Big Cypress Mitigation Bank. A copy of the mitigation credits' sale agreement between Big Cypress Mitigation Bank and the applicant has been provided and has been incorporated into the ypermit fiile. `` xg� r' �q 'xjx� ,` �pyy��y��y� CE+.i1 MAR ,��IM `fl..il!IAIrF S\. „+,FCC ..r.l.!.r� �! 7S13T :!_e.'.�1�'�!I:S�II�I�.FU1t"A Jn�- 1�}'�i ��'k','+"%� "a� � '` ...i�:d : { It is suggested that the permittee retain the services of a Professional Engineer registered in the State of Florida for periodic observation of construction of the surface water management (SWM) system. This will facilitate the completion of construction completion certification Form #0881 which is required pursuant to Section 10 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, and Rule 40E- 4361(2), Florida Administrative Code (F.A.C.). Pursuant to Chapter 40E -4 F.A.C., this permit may not be converted from the construction phase to the operation phase until certification of the SWM system is submitted to and accepted by this District. Rule 40E4.321(7) F.A.C. states that failure to complete construction of the SWM system and obtain operation phase approval from the District within the permit duration shall require a new permit authorization unless a permit extension is granted. For SWM systems permitted with an operating entity who Is different from the permittee, it should be noted that until the permit is transferred to the operating entity pursuant to Rule 40E- 1.6107, F.A.C., the permittee is liable for compliance with the terms of this permit. The permittee is advised that the efficiency of a SWM system will normally decrease over time unless the system is periodically maintained. A significant reduction in flow capacity can usually be attributed to partial blockages of the conveyance system. Once flow capacity is compromised, Flooding of the project may result. Maintenance of the SWM system is required to protect the public health, safety and the natural resources of the state, Therefore, the permittee must have periodic Inspections of the SWM system performed to ensure performance for flood protection and water quality purposes. If deficiencies are found, It is the responsibility of the permittee to correct these deficiencies in a timely manner. App.no.: 02021916 Page 5 of 12 p_staff_report_umam.rdf RELATED CONCERNS: Water Use Permit Status: Agenda Item No. 17E April 24, 2007 Page 94 of 132 The applicant has indicated that public water supply will be used as a source for irrigation water for the project. The applicant has indicated that dewatering Is not required for construction of this project. This permit does not release the permittee from obtaining all necessary Water Use authorization(s) prior to the commencement of activities which will require such authorization, including construction dewatering and irrigation, unless the work qualifies for a No- Notice Short -Term Dewatering permit pursuant to Chapter 40E- 20.302(3) or is exempt pursuant to Section 40E- 2.051, FAC. Potable Water Supplier: Collier County Utilities Waste Water System /Supplier: Collier County Utilities Right -Of -Way Permit Status: A Right -of -Way Permit is not required for this project. DRI Status: This project is not a DRI. Historical/Archeological Resources: No information has been received that indicates the presence of archaeological or historical resources or that the proposed activities could cause adverse impacts to archaeological or historical resources. DCAICZM Consistency Review: The District has not received a finding of inconsistency from the Florida Department of Environmental Protection or other commenting agencies regarding the provisions of the federal Coastal Zone Management Plan. Third Party Interest: No third party has contacted the District with concerns about this application. Enforcement: There has been no enforcement activity associated with this application. App.no.: 020219 -16 Page 6 of 12 Agenda Item No. 17E April 24, 2007 Page 95 of-132 STAFF RECOMMENDATION: The Staff recommends that the following be issued: Construction and Operation authorization of a surface water management system to serve a 9,82 -acre religious development known as Crossroads Community Church with discharge into waters of the Airport Road North Subbasin via the Vanderbilt Beach Road roadside swale system. Based on the information provided, District rules have been adhered to. Staff recommendation Is for approval subject to the attached General and Special Conditions DRAFT STAFF REVIEW: Subject to Governing NATURAL RESOURCE MANAGEMENT DIVISION APPROVAL I Board Approval ENVIRONMENTAL EVALUATION SUPERVISOR Marie Dessources Edward Cronyn DIVISION DIRECTOR: DATE: Robert G. Robbins SURFACE WATER MANAGEMENT DIVISION APPROVAL 4ENGINE EIJ�{ ATION Fo`leeyy, Pt// APP.nu.: 020219.18 - Page 7 of 12 SUPERV� William oey, P.E. DATE: 3zZ -/ 6i-- staff_repod_umam.rdf Agenda Item No. 1711 April ' 4, 2007 Page 96 of 132 GENERAL CONDITIONS 1. All activities authorized by this permit shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit and Part IV, Chapter 373. F.S. 2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 3. Activities approved by this permit shall be conducted in a manner which does not cause violations of State water quality standards. The permittee shall implement best management practices for erosion and pollution control to prevent violation of State water quality standards. Temporary erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. All practices shall be in accordance with the guidelines and specifications described in Chapter 6 of the Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of Environmental Regulation, 1988), incorporated by reference in Rule 40E- 4.091, F.A.C. unless a project - specific erosion and sediment control plan is approved as part of the permit. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 4. The permittee shall notify the District of the anticipated construction start date within 30 days of the date that this permit is issued. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District an Environmental Resource Permit Construction Commencement Notice Form Number 0960 indicating the actual start date and the expected construction completion date. S. When the duration of construction will exceed one year, the permittee shall submit construction status reports to the District on an annual basis utilizing an annual status report form. Status report forms shall be submitted the following June of each year. 6. Within 30 days after completion of construction of the permitted activity, the permitee shall submit a written statement of completion and certification by a professional engineer or other individual authorized by law, utilizing the supplied Environmental Resource/Surface Water Management Permit Construction Completion /Certification Form Number 0881A, or Environmental Resource/Surface Water Management Permit Construction Completion Certification - For Projects Permitted prior to October 3, 1995 Form No. 08816, incorporated by reference In Rule 40E- 1.659, F.A.C. The statement of completion and certification shall be based on onsite observation of construction or review of as -built drawings for the purpose of determining If the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notify the District that the system is ready for inspection. Additionally, if deviation from the approved drawings are discovered during the certification process, the certification must be accompanied by a copy of the approved permit drawings with deviations noted. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as "as- built" or "record" drawings. All surveyed dimensions and elevations shalt be certified by a registered surveyor, 7. The operation phase of this permit shall not become effective: until the permittee has compiled with the requirements of condition (6) above, and submitted a request for conversion of Environmental Resource Permit from Construction Phase to Operation Phase, Form No. 0920; the District determines the system to be in compliance with the permitted plans and specifications; and the entity App.no.: 820219.16 Page 8 of 12 Agenda Item No. 17E April 24, 2007 Page 97 of •132 GENERAL CONDITIONS approved by the District in accordance with Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, accepts responsibility for operation and maintenance of the system. The permit shall not be transferred to such approved operation and maintenance entity until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the District, the permittee shall initiate transfer of the permit to the approved responsible operating entity If different from the permittee. Until the permit is transferred pursuant to Section 40E- 1.6107, F.A.C., the permittee shall be liable for compliance with the terms of the permit. 8. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the Initiation of the permitted use of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the phase or portion of the system to a local government or other responsible entity. 9. For those systems that will be operated or maintained by an entity that will require an easement or deed restriction in order to enable that entity to operate or maintain the system in conformance with this permit, such easement or deed restriction must be recorded In the public records and submitted to the District along with any other final operation and maintenance documents required by Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit applications within the South Florida Water Management District, prior to lot or units sales or prior to the completion of the system, whichever comes first. Other documents concerning the establishment and authority of the operating entity.must be filed with the Secretary of State, county or municipal entities. Final operation and maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local government entity. Failure to submit the appropriate final documents will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system and any other permit conditions. 10. Should any other regulatory agency require changes to the permitted system, the permittee shall notify the District in writing of the changes prior to implementation so that a determination can be made whether a permit modification is required. 11. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified In the permit and Chapter 40E -4 or Chapter 40E -40, F.A.C.. 12. The permittee is hereby advised that Section 253.77, F.S. states that a person may not commence any excavation, construction, or other activity Involving the use of sovereign or other lands of the State, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state-owned lands. 13. The permittee must obtain a Water Use permit prior to construction dewatering, unless the work qualifies for a general permit pursuant to Subsection 40E- 20.302(3), F.A.C., also known as the "No Notice" Rule. 14. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the permit. APp•no.: 02021916 Page 9 or 12 p_ start _report_umam.rot Agenda Item.No. 17E April 24, 2007' Page 98 of 132 GENERAL CONDITIONS 15, Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding, unless a specific condition of this permit or a formal determination under Section 373.421(2), F.S., provides otherwise. 16. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of a permitted system or the real property on which the permitted system Is located. All transfers of ownership or transfers of a permit are subject to the requirements of Rules 40E- 1.6105 and 40E- 1.6107, F.A.C.. The permittee transferring the permit shall remain liable for corrective actions that may be required as a result of any violations prior to the sale, conveyance or other transfer of the system. 17. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. 16. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the appropriate District service center. 19. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be Inaccurate. App.no.: 020218.16 Page 10 of 12 Agenda Item No. 17E April 24, 2007 Page 99 of. 132 SPECIAL CONDITIONS 1. The construction phase of this permit shall expire on April 13, 2010, 2. Operation of the surface water management system shall be the responsibility of CROSSROADS COMMUNITY CHURCH OF NAPLES, 6. Discharge Facilities: Structure: 1 1 -3" dia. CIRCULAR ORIFICE with invert at elev. 12.35' NGVD. 1-3.33'W X 4.33'L drop inlet with crest at elev. 16.25' NGVD. Receiving body: Vanderbilt Beach Road roadside swale Control elev: 12.35 feet NGVD. 7. The permittee shall be responsible for the correction of any erosion, shoaling or water quality problems that result from the construction or operation of the surface water management system. 8. Measures shalt be taken during construction to insure that sedimentation and /or turbidity violations do not occur in the receiving water. 9. The District reserves the right to require that additional water quality treatment methods be incorporated into the drainage system if such measures are shown to be necessary. 11. Facilities other than those stated herein shall not be constructed without an approved modification of this permit. 12. A stable, permanent and accessible elevation reference shall be established on or within one hundred (100) feet of all permitted discharge structures no later than the submission of the certification report. The location of the elevation reference must be noted on or with the certification report. 13. The permittee shall provide routine maintenance of all of the components of the surface water management system in order to remove all trapped sediments /debris. All materials shall be properly disposed of as required by law. Failure to properly maintain the system may result in adverse flooding conditions. 14, This permit is issued based on the applicant's submitted information which reasonably demonstrates that adverse water resource related impacts will not be caused by the completed permit activity. Should any adverse impacts caused by the completed surface water management system occur, the District will require the permittee to provide appropriate mitigation to the District or other impacted party. The District will require the permittee to modify the surface water management system, if necessary, to eliminate the cause of the adverse impacts. 15. Minimum building floor elevation: BASIN: Cross. Comm. Church - 17.75 feet NGVD. 16. Minimum road crown elevation: Basin: Cross. Comm. Church - 16.25 feet NGVD. 17. The Permittee shall utilize the criteria contained in the Storm Water Pollution Prevention Plan and on the applicable approved construction drawings for the duration of the projects construction activities. Exhibits No. 4.0 -4.9 have been incorporated by reference and shall be retained in the permit file. 18. The Permittee shall utilize the criteria contained in the Urban Stormwater Management Program for post construction activities. Exhibits No. 5.0 -5.5 have been incorporated by reference and shall be retained in the permit file. 19. Exhibits Nos. 4.0 -4.9 and 5.0 -5.5 incorporated by reference and shall be retained in the permit file. 20. Prior to commencement of construction in wetlands and in accordance with the work schedule in App.no.: 020219 -16 Page 11 of 12 p_staff repoA_umam.rdf Agenda Item.No. 17E April 24, 2007, Page 100 of 132 SPECIAL CONDITIONS Exhibit No. 3.1, the permittee shall submit documentation demonstrating that 4.42 freshwater forested credits have been deducted from the ledger for Big Cypress Mitigation Bank, APp•no.: 020219 -10 Page 12 0112 ro � a f 5 i` la Agenda Item No. 17E April 24, 2007 Page 101 of,132 v%jiL.l..mn %ovuiV 1 T, rLU111UA L09ATION MAP EXHIBIT 1.D mini yr Iw� IN City Of ON F1 Fuld OZA L09ATION MAP EXHIBIT 1.D Agenda Item No. T7E April 24„ 2007 Page 102 of 132 VANDERBILT CROSSROADS COMMUNITY CHURCH VICINITY MAP N.T.S. EXHIBIT 1.) W N O N 0 O o Z N M 0 'tDO ¢ afD. c m m Q O •g s �'ji I lia i! F i 1 R y y U O O i by s 5 f �gg EE i 7 �R 3 Pi +f �� RP ki i I �; , �•1 �� Ym ;.I ill JM R�J� I I I S •.RAtY fl' „G R¢� it kv BRA Will �5337A epa�y eR i�1 a9��sa � O M O � O ' O mad c m Q e 1 �) _ All y■i U r I1 lilt � I !3 TTJJ UU WW I I I E .azi g@ pp Il I� � t �� 496896 Y rg i 75a53a Ev °�6f % �Y�g' $a�[l'oi6 I W N N 0 0 z N O Lo C = � aao c m m Q g I IL ° k 'l 1� Y = =7 ;fli! J d q t 1 t f Ca9 Y` J � 1 E� y}yy9j� a $y Q lot yid <il LE f Ca9 Y` J � 1 E� y}yy9j� a $y Q 9a6 Y L� �R 7 :S lot 9a6 Y L� �R 7 :S N 3N 3a�n�3�.. s say 1'. GUUG U U � O 0 91:-617090 N 02' 07' 01" IN 517.52' u a° a o 517.15' w OVOH NOlSONIAn 3aninq 3 ',001 = ,t 131V�S a° 0 Q_ W CO _J m W O z 51 4 n N W W N N m u U ° wZO• O r O p Elf 3 p J�a Z�f M O Of J , M 3 N mQ J f Z O 4 O i M K 10 p CO W d M O Iri O° N W N b to E v a u ° 2 V ° �I o U � _ RIGHT -0f -WAY LINE 517.15' w OVOH NOlSONIAn 3aninq 3 ',001 = ,t 131V�S a° 0 Q_ W CO _J m W O z 51 4 n N W W N N m u III LL U D D Q = O U C V) z O� LL U O U C ° wZO• D r O p Elf 3 p J�a Z�f O Of J , M w O M N mQ J f Z O off) III LL U D D Q = O U C V) z O� LL U O U C V O M d D r O p 4 N O O it M N O M p CO Q d M O N O° E v a 2 O a o U � 0l O VI -I ; °. 0 0 0 O o u u 0 = o a c c E o u m x v c a m s m C- 0 a v a Agenda Item No. 17E South Florida Water Management District April 24, 2007' Work Schedule Requirements Page 108 of 132 Application No 020219 -16 Page t of Mitigation Plan ID. BIG CYPRESS MIT, B )) j6 p S- �i A1ft"w��111� W. SUBMITTAL OF MITIGATION BANK DOCUMENTATION 13- JUN -2005 EXEHIBIT 3.1 ..i an. i4_ imin I/: 71 rh1 s 1311; L.'�I j l i "ti t •.. -r �09 of Page 1'09 1 32 rnT Cni c „•� e.,�r,i; � Receipt of Funds Received RECEIVED. MAR 2.9 2005 ENVIRONMENTAL SECTION NRM Big Cypress Mitigation Bank received the full payment of $165,750.00 for the purchase of 4,42 Forested Mitigation Credits serving as the mitigation requirement for the Crossroads Community Church of Naples located in Maples, Florida. Y44- aLynnZencz esi ast Marketing Manager ADDUREVISED SUBMITTAL EJAN 31 200 FORT MYERS SERVICE CENTER APPI I(a�7' 2 12800 University Dt ve • Suite 400 • Fort Myers, Florida 33907 5xmPtT.V. Phone 739. 415 -6200 • �.nuciRacionhank.co*a Agenda Item. No. 17E April 24, 200.7 Page 110 of 132 - CONSTRUCTION POLLUTION PREVENTION PLAN for Agdffi 5' 0 Aclores-s. Daseriptlon (Purpose Construction In this project will generally consist of site clearing, lake excavation, and construction of roadways, utility infrastructure, golf course, and multi-use ventral construction. Soil disturbing activities will include: clearing and grubbing, installing a stabilized construction entrance, perimeter berming and other erosion and sediment controls; grading; excavation for the storm water management lake, storm sewer, utilities, and building foundations; construction of curb and gutter, road, and parking areas; and preparation for final planting, sodding, seeding and mulchl,l � — 0 aftcient... : 70i _ Sile'Area: '40 The order of activities wilt be as follows: 1. Installation of stabilized construction entrance. 9. Complete grading, subgrade and base course construction. 1. Partial clearing and grubbing. . 9. Complete final paving. 1. Install perimeter berm(s) or slit fences with straw bale 9. Complete landscape grading and install permanent seeding barrier(s) adjacent to wetland areas. and plantings. 1. Continue clearing and grading. 9. When all construction activity Is complete and the site Is 1- Construction storm water management takes stabilized, remove temporary earth berms, straw bale 1. Stockpile excavated sail. barriers and filter fences and re-seed any areas disturbed by 1. Stabilize denuded areas and stockpiles within 21 days of their removal. last construction activity in that area. 1. Install utilities, storm sewer, curb and guteF. I Nsm6bf Recelwng �Waters ;R i�' 4 N All "J Erosion'and stabi Itst 6h, pTacticet Temporary Stabilization: Top soil stock piles and disturbed portions of the site where construction activity temporarily cease for at least 21 days will be stabilized with temporary seed and mulch no later than 14 clays from the last construction activity in that area. The seed shall be Bahia, millet, rye, or other fast-growing grasses. Prior to seeding, fertilizer or agricultural limestone shall be applied to each area to be temporarily stabilized. After seeding, each area shall be mulched with the mulch disked into piece. Areas of the site which wilt be paved will be temporarily stabilized by applying limerock subgrade until bituminous pavement can be applied. Permanent Stabilization: Disturbed portions of the site, where construction activities permanently cease, shall be stabilized with sod, seed and mulch, landscaping, and/or other equivalent stabilization measures (e,g., rip-rap, geotextiles) no later than 14 days after the date of the last construction activity. The sod shalt typically be Florstam or Bahia sod. Prior to seeding, fertilizer or agricultural limestone shall be applied to each area to be temporarily stabilized. After seeding, each area shall be mulched with the mulch disked into place. Agenda Item No. 17E April 24, 2007 Page 111 of 132 StructurafPr2etiGe5 -" --------------- Sill Fence I Straw Bale Barrier - will be constructed along those areas Of the project that border adjacent wetlands. At a minimum, the slit fence and/or straw bale barrier will be placed along all wetland buffers and all Corps of Engineers jurisdictional Weiland boundaries. Straw Sale Drop Inlet Sediment Filter - will be placed around all constructed storm drain inlets immediately upon completion of construction and shall remain in -place until the contributing drainage area is stabilized. Alternatively, grate inlets can be covered with triter fabric material until stabilization. The project will utilize a system of lakes to provide the required water quality treatment and attenuation. Discharges from the water management system will he regulated by a series of water control structures. These control structures will be used to maintain water levels in the detention facilities that will maintain or restore the hydropericid in the wetlands and flowways. The water control structures will also be used to restrict the discharges from the project as described above. Dry pre-treatment will be provided for the golf course maintenance facilities and commercial parking lot runoff prior to discharge into the lake system. Spreader swales will be used at appropriate locations to disperse flow and dissipate energy of - runoff Into Wetlands. Spreader swales will also be used at appropriate locations to disperse flows discharged from the water management system into receiving flowways. Spreader swales will be heavily planted with native vegetation to help buffer the transition from the manmade lakes to the natural systems. DISCHARGE RATES At— 777. "ZONTR UP 77 _Wbi6dis�posat: Waste Materials: All waste materials will be collected and stored in a trash dumpster which will meet all local and State solid waste management regulations. All trash and construction debris from the site will be deposited in this clumpster. The clumpster will be emptied as required due to use andlor Slate and local regulations, with the trash disposed of at the appropriate landfill operation. No construction waste materials will be buried onslte. All personnel will be instructed regarding the correct procedure for waste disposal. Notices staling these practices will be posted in the construction office trailer. Hazardous Waste: All hazardous waste materials will be disposed of in the manner specified by local or State regulation or by the manufacturer. Site personnel will be instructed In these practices. Sanitary Waste: All sanitary waste will be collected from the portable units by a local, licensed. City of Fort Myers sanitary waste management contractor, as required by local regulation, bffijte Vehicle fiticking A stabilized construction entrance has been provided to help reduce vehicle tracking of sediments. As they are completed, paved streets Will be swept as needed to remove any excess muck, din, or rock tracked from the site. Dump trucks hauling material from the construction site will be covered with a tarpaulin. All !Q -t41XIT M." NOT trt SIM�AS PR Installation of hay bail I silt fence barriers (around wetlands) and stabilized construction entrance will be constructed prior to extensive clearing or grading of any other portions of the site. Areas where construction activity temporarily ceases for more than 21 days will be stabilized with a temporary seed and mulch within 14 days of the last disturbance. Once construction activity ceases permanently in an area, that area Will be stabilized with permanent sod, seed and mulch, landscaping, and/or other equivalent stabilization measures (e.g., rip-rap. geotextiles). After the entire site is stabilized, the silt fence / straw bale barriers can be removed. N 0 (?f 00P _FED F��+ STATE NO LGCAL'fto' The storm water pollution prevention plan reflects the United States, Environmental Protection Agency and the South Florida Water Management District (SFWWD) requirements for storm water management and erosion and sediment control, as established in the Chapter 40E4 FAC and_Chapter 373 FS. 3191, V.101, AV..$ Wi ECOR 75M I I Agenda Item No. 17E April 24, 200.7. Page 112 of 132 ayyJ�i Vi 202 1 NOW" �Vw These are the Inspection and maintenance practices that will be used to maintain erosion and sediment controls. All control measures will be inspected at least once each week and following any storm event of 0.5 inches or greater. All measures will be maintained In good working order; it a repair is necessary, it shall be corrected as soon as possible, but in • no case later then 7 days after the inspection. • Built up sediment will be removed from silt fence when It has reached one-half the height of the fence. Silt fence will be Inspected for depth of sediment, tears, to see it the fabric Is securely attached to the fence posts, and to see that the fence posts are firmly in the ground. Temporary seeding and permanent sodding and planting will be inspected for bare spots, washouts, and hsallhy growth. • A maintenance inspection report will be made after each inspection. A copy of the report — form 10 be completed by the Inspector is attached. • The Owner will appoint one individual who will be responsible for inspections, maintenance and repair activities, and for completing the inspection and maintenance reports. ♦ Personnel selected for inspection and maintenance responsibilities will receive training from the site superintendent. They will be trained in all the inspection and maintenance practices necessary for keeping the erosion and sediment controls used onsite in uod workinq on tdr' It Is expected that the following non-storm water discharges will occur from the site during the construction period: • Water from water line flushings. • Pavement wash waters (when no spills or leaks of toxic or hazardous materials have occurred). • Uncontaminated groundwater (from dewatering excavation). ♦ All non-storm water discharges will be directed to the storm water management facilities prior to discharge, E 1 "Ay .jT., The materials or substances listed below are expected to be present onsite during construclion: • Concrete • Fertilizers • Detergents • Petroleum Based Products ♦ Paints (enamel and latex) • Cleaning Solvents • Metal Studs • Wood • Asphalt • Masonry Block • Roofing Shingles ♦ Clay or concrete bricks wlwaw.31•li v1�01..Mvms t—• Agenda Item No. 17E April 24, 2007 Page 113 of,132 rac0ces.*--'---- -z� -M-t --rJ"afA" . .. ... ae etrIQerna The following are the materials management practices that will be used to reduce the risk of spills or other accidental exposure of materials and substances to storm water runoff. The following good housekeeping practices will be followed onsite during the construction project: • An effort will be made to store only enough product required to do the job. • All materials stored onsite will be stored in a neat, orderly manner In their appropriate containers, and if possible, under a roof or other enclosure. • Products will be kept In their original containers with the original manufacturer's label. • Substances will not be mixed with one another unless recommended by the manufacturer. • Whenever possible, all of a product will he used up before disposing of the Container.-- • Manufacturers' recommendations for proper use and disposal will be followed. • The site superintendent will inspect to ensure proper Use and disposal of materials onsite. .:H6- za These practices are used to reduce the risks associated with hazardous materials: • Products will be kept in original containers unless they are not resealable. • Original labels and material safety data will be retained; they contain important product information. • 11 surplus product must be disposed of, manufacturers' or local and State recommended methods for proper disposal will be followed. - P . eb - djdspe6ifc"ibraac6s The following produce specific practices will be followed onsite: All onsite vehicles will be monitored for leaks and receive regular preventive maintenance to reduce the chance of leakage. Petroleum products will be stored In tightly sealed containers which will be clearly labeled. Any asphalt substances used onsite will be applied in accordance with the manufacturer's recommendations and standard construction practices. Fertilizers will be applied only in the minimum amounts recommended by the manufacturer. Once applied, fertilizer will be worked into the Solt to limit exposure to storm water. Storage will be In a covered shed. The contents of any partially used bags of fertilizer will be transferred to a sealable plastic bin to avoids Ills. Pafiiis All containers will be tightly sealed and stored when not required for use. Excess paint will not be discharged to the storm sewer system but will be properly disposed Of according to manufacturers' instructions and/or state and local regulations. J V 11WW -310)1 Vx. 01F. RVANS use 039"�2 1$09 Agenda Item No. 17E April 24. 2007 . Page 114 of 132 In addition to the good housekeeping and material management practices discussed in the previous sections of this plan, the following practices will be followed for spill prevention and cleanup. Manufacturers' recommended methods for spill cleanup will be clearly posted and site personnel will be made aware of the procedures and the location of the Information and cleanup supplies. Materials and equipment necessary for spill cleanup will be kept in the material storage area onsite. Equipment and materials will include. -but not be limited to —rags, gloves, goggles, kitty litter, sand, and plastic and metal trash containers specifically for this purpose. All spills will be cleaned up as soon as possible after discovery. The spill area will be kept well ventilated and personnel will wear appropriate protective clothing to prevent injury from contact with a hazardous substance. • Spills of toxic or hazardous material will be reported to the appropriate state or local government agency, regardless of the size. • The spill prevention plan will be adjusted to include measures to prevent this type of spill from reoccurring and how to clean up the spill if there is another one. A description of the spill, what caused It, and the cleanup measures will also be included. • The Contractors site superintendent will be responsible for the day -to-day site operations and will be the spill prevention and cleanup coordinator. He will designate at least Iwo other site personnel who will receive spill prevention and cleanup training. These Individuals will each become responsible for a particular phase of prevention and cleanup. The names of responsible spill personnel will be posted in the material storage area and in the office trailer onsite. F qe w,9'. 31011 v.r: 011, AIMS uu WB1.-0YSOW, ECOR. )!OS Agenda Item No. 17E April 24, 2007 Page 115 of,132 1AMM, 07", I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my Inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the Information, the informallon submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, Including the possibility of fine and imprisonment for knowing violations. Signed: Print Name: Title Date, M '-WIN MOP W 4'.A ..... W& Mr, WON, R", POW I certify under penally of low that I understand the terms and conditions of the general National Pollutant Discharge Elimination System (NPDES) permit that authorizes the storm water discharges associated with industrial activity from the construction site identified as part of this certification. furniture ReS iponsl&6 for Date: Date, Date! Date: Agenda Item No. 17E April 24, 2007 ' Page 116 of 132 CONSTRUCTION POLLUTION PREVENTION PLAN for iI spection J 61113 ainterl Report Form. (7o be completed every 7 days and within 24 hours of a rainfall event of 0.5 inches or more) INSPECTOR: INSPECTOR'S QUALIFICATIONS: Days since last rainfall: DATE: Amount of last rainfall _ Inches STABILIZATION MEASURES Area Date Since Date of Next Stabilized? Stabilized Condition Last Disturbed Disturbance es f no With Stabilized required: To be performed by: WW 31971 V¢D11JEV/ S 001 -W2-M ECUWY> on or before: DATE: Agenda Item No. 17E April 24, 2007 CONSTRUCTION POLLUTION PREVENTION PLAN Page 117 of,132 for Inspection And Maintenance Report Form Structural Controls bru rcrvct r bI KANV BALE BARRIER From To Is Silt Fence / Straw Is there evidence of I Bale Barrier in place? I washout or ov Pr-inn ninn9 Maintenance required for silt fence ! straw bale barrier: To be performed by: on or before y1oRwl. aims Y. 011. JEIMS 1 "�'�•y y v7 03114 -0o2 ECo . 1sa '(p • DATE: Agenda Item No. 17E April 24• 2007 Page 118 of 132 CONSTRUCTION POLLUTION PREVENTION PLAN for Inspection And Maintenance Report Form Structural Controls EARTHEN PERIMETER BERM From TO is berm stabilized ? Is there evidence of washout or over-topping? Maintenance required for perimeter berm: To be performed by: on or before: Agenda Item No. 17E April 24, 2007 Page 119 of 132 CONSTRUCTION POLLUTION PREVENTION PLAN for inspection An Maintenance Report Form CHANGES REQUIRED TO THE POLLUTION PREVENTION PLAN: REASONS FOR CHANGES: I certify under penalty of taw that this document and all attachments were prepared under my direction or supervision In accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Signature Wm— 31971 V. OP. AVANE 6]01a.00].Opp. ECOR-1101 Date URBAN STORMWATER MANAGEMENT PROGRAM 1.0 Introduction 4Mi I t°�,ty o. 17E to A 2007'. Page 120 of 132 This document provides details of the Urban Stormwater Management Program for the (Project Name) in (location). This Plan discusses non - structural controls, intended to improve the quality of stormwater runoff by reducing the generation and accumulation of potential stormwater runoff contaminants at or near the respective sources for each constituent, along with significant structural components of the primary stormwater treatment system. Although many of the methodologies and procedures outlined in this document are general Best Management Practices (BMP's) which can be useful in attenuating pollutants in many types of urbanized settings, the implementation of these practices has been optimized, -to the maximum extent possible, to reflect the unique character of the (Project name) and the surrounding hydrologic features. Pollution prevention guidelines are provided for the areas of (1) nutrient and pesticide management; (2) street sweeping; (3) solid waste management; (4) operation and maintenance of the stormwater management and treatment system; (5) routine water quality testing; and (6) construction activities. A discussion of each of these activities is given in the following sections. 2.0 Nutrient and Pesticide Management Nutrient and pesticide management consists of a series of practices designed to manage the use of fertilizers and pesticides so as to minimize loss of these compounds into stormwater runoff and the resulting water quality impacts on adjacent waterbodies. Implementation of a management plan will also maximize the effectiveness of the nutrients and pesticides that are applied. Each homeowner must commit themselves to the practice of responsible and careful landscape design and maintenance of each lot to prevent contamination of surface waters. The guidelines included in this section are intended to help homeowners make educated environmental choices regarding the maintenance of individual yards within the community. These maintenance and management guidelines are meant to promote an attractive neighborhood that preserves the health of adjacent waterways and environmental features. 2.1 General Requirements A landscape plan must be developed for each residence. The plan must be comprehensive in nature and follow the landscape design guidelines established by the Homeowners Association and must promote revegetation of each lot as quickly as possible. Commercial applicators of chemical lawn products must register with the Homeowners Association annually and provide a copy of their current occupational license, proof of business liability insurance, and proof of compliance with applicable education and licensing requirements. Individual employees working under the direction of a licensed commercial applicator are exempt from the educational requirements. Jim �•� Agenda Item No. 17E April 24, 2007 Page 121 of 132 Only registered commercial applicators and individual lot owners are permitted to apply chemicals within the property on a private lot. All chemical products must be used in accordance with the manufacturer's recommendations. The application of any chemical product within five (5) feet of any surface water including but not limited to ponds, lakes, drainage ditches or canals, is prohibited. The use of any chemical product in a manner that will allow airborne or waterborne entry of such products into surface water is prohibited. This rule shall not apply to the use of chemical agents, by certified lake management specialists, for the control of algae and vegetation within the stormwater lakes or ponds. 2.2 Nutrient Management Program Management and application of nutrients and fertilizers in the (Project Name) will adhere to the . following guidelines: A. All fertilizers shall be stored in a dry storage area protected from rainfall and ponding. B. No fertilizer containing in excess of 2% phosphate /phosphorus (P205) per guaranteed analysis label (as defined by Chapter 576, Florida Statutes) shall be applied to turf grass unless justified by a soil test. C. Fertilizer containing in excess of 2% phosphate /phosphorus (P205) per guaranteed analysis label shall not be applied within 5 feet of the edge of water or within 5 feet of a drainage facility. D. All fertilizer shall be applied such that spreading of fertilizer on all impervious surfaces is minimized. E. Liquid fertilizers containing in excess of 2% phosphate /phosphorus (P205) per guaranteed analysis label shall not be applied thorough an irrigation system within 10 feet of the edge of water or within 10 feet of a drainage facility. F, :. Liquid fertilizers containing in excess of 2% phosphate /phosphorus (P205) per guaranteed analysis label shall not be applied through high or medium mist application or directed spray application within 10 feet of the edge of water or within 10 feet of a drainage facility. 2.3 Pest Management Program Proper maintenance of plants and turf areas will minimize the ability of pests to successfully attack landscaping. Several general guidelines follow: A. Apply fertilizer and water only when needed and in moderate amounts. Excessive amounts of either can cause rapid growth that is attractive to insects and disease. B. Mow St. Augustine grass to a height of 3-4 inches. If cut shorter, the plants may become stressed and more vulnerable to pest infestation. Each mowing should remove no more than one -third of the leaf blade, and those cuttings should remain on the lawn to decompose. C. It is recommended that pesticides, fungicides, and herbicides be used only in response to a specific problem and in the manner and amount recommended by the manufacturer to address the specific problem. Broad application of pesticides, fungicides and herbicides as a preventative measure is strongly discouraged. Ek 5 .� Agenda Item No. 17E April 24, 2007 Page 122 of 132 The use of pesticides, fungicides, or herbicides is limited to products that meet the following criteria: A. Must be consistent with the USDA -NRCS Soil Rating for Selecting Pesticides B. Must have the minimum potential for leaching into groundwater or loss from runoff C. Products must be EPA- approved D. The half -life of products used shall not exceed seventy (70) days 3.0 Street Sweeping This practice involves sweeping and vacuuming the primary streets to remove dry weather accumulation of pollutants, especially particulate matter, before wash -off of these pollutants can occur during a storm event. This practice reduces the potential Tor pollution impacts on receiving waterbodies by removing particulate matter and associated chemical constituents. Although street cleaning operations are frequently conducted primarily for aesthetic purposes, the primary objective of the street sweeping program for the (Project Name) is to improve the quality of stormwater runoff generated from impervious traffic areas. Street sweeping activities can be particularly effective during periods of high leaf fall by removing solid leaf material and the associated nutrient loadings from roadside areas where they could easily become transported within stormwater flow. Street sweeping operations will be performed in the (Project Name) at a minimum frequency of one event every other month. A licensed vendor using a vacuum -type sweeping device will perform all street sweeping activities. Sweeping activities during each event will include all primary street surfaces. Disposal of the collected solid residual will be the responsibility of the street sweeping vendor. 4.0 Solid Waste Management In general, solid waste management involves issues related to the management and handling of urban refuse, litter and leaves that will minimize the impact of these constituents as water pollutants. Maintenance of adequate sanitary facilities for temporarily storing refuse on private premises prior to collection is considered the responsibility of the individual homeowner. Local requirements for refuse collection will be brought to the attention of every homeowner at closing for the sale of the property. Information will be distributed as necessary stating specifications for containers, separation of waste by type, where to place containers prior to collection, and established collection schedules. Fallen tree leaves and other vegetation, along with grass clippings, may become direct water pollutants when they are allowed to accumulate in swales and street gutters. All homeowners will receive periodic educational materials that address proper disposal of leaves and other vegetation to minimize water quality impacts. S -L Agenda Item No. 17E April 24. 2007 Page 123 of 132 5.0 Stormwater Management and Treatment System The stormwater management system for the (Project Name) is designed to maximize the attenuation of stormwater generated pollutants prior to discharge to the off -site wetland systems. Operational details and maintenance requirements of the various system components are given in the following sections. 5.1 Wet Detention Lakes and Lake Interconnect Pipes The basic element of the stormwater management system consists of a series of interconnected wet detention ponds that provide stormwater treatment through a variety of physical, biological, and chemical processes. A wet detention pond acts similar to a natural lake by temporarily detaining stormwater runoff, allowing opportu6ities for treatment processes to occur, prior to slow controlled discharge of the treated water through the outfall structure. Pollutant removal processes in wet detention systems occur during the quiescent period between storm events. Significant removal processes include gravity settling of particulate matter; biological uptake of nutrients and other ions by aquatic plants, algae and microorganisms; along with natural chemical flocculation and complexation processes. Maintenance of the wet detention ponds will consist of an annual inspection. During each annual inspection, the following items will be reviewed and corrected as necessary: A. Inspect the outfall structure and orifices to ensure free - flowing conditions and overall engineering stability of the outfall system. B. Review the banks of the lakes and canals to ensure proper side slope stabilization and inspect for signs of excessive seepage that may indicate areas of excessive groundwater flow and possible subsurface channeling. C. Physically evaluate each of the lakes and canals for evidence of excessive sediment accumulation or erosion. D. Inspect the planted aquatic vegetation in the littoral zone to ensure that the desired vegetation species, percent coverage, and density are maintained. At the completion of the inspections, a written inspection report will be prepared, listing any deficiencies that need to be addressed or corrected by the Homeowners Association. 5.2 Stormwater Inlets, Pipes and Culverts The grates should be unobstructed and the bottom, inside the inlet, should be clean. Check for any accumulation of sediment, trash such as garbage bags, or debris in the culverts connecting these inlets. Flushing out with a high - pressure hose may clean some sediment, Any noted blockage (due to a possible obstruction, or broken pipe, etc.) should prompt further investigation. Crushed or corroded culverts should be replaced with new ones of the same size. Agenda Item No. 17E April 24., 2007 . Page 124 of 132 5.3 Swales and Grassed Water Storage Areas These provide for conveyance and /or above- ground (or surface) storage of stormwater. With age, these areas usually fill in with vegetation and sediment. Swales may need to be regraded and /or revegetated. It is a good idea to compare the existing slope and dimensions of the swale with the permitted design plans prior to the removal of excess sediment or regrading. Areas that show erosion should be stabilized with appropriate material such as sod, planting, rock, sand bags, or other synthetic geotextile material. Regular mowing of grass swales is essential. These areas also improve water quality by catching sediment and assimilating nutrients, and recharge the underground water table. Remove any undesirable exotic vegetation. Culverts underneath driveways sh�uld be checked for blockage, and, if necessary, flushed with a high - pressure hose. After a storm, swales may remain wet for an extended period of time. This is normal and the water will recede gradually. 5.4 Ditches or Canals Fill material, yard waste, clippings and vegetation, sediment, trash, appliances, garbage bags, shopping carts, tires, cars, etc. should be completely removed. Also check to make sure there are no dead trees or any type of obstructions which could block the drainage flow way. Maintenance cleaning /excavation must be limited to the same depth, width and side slope as approved in the current permit. Making a ditch deeper or wider may trigger a need for a permit modification. Provisions _must also be made to prevent any downstream silting or turbidity (Contact the SFWMD. Resource Compliance staff if you are unsure or need clarification.) Be sure to dispose of all removed material properly so it won't affect any other water storage or conveyance system, environmental area, or another owner's property. 5.5 Outfall Structure (also called the Discharged Control Structure or Weir) The outfall structure should be routinely inspected to determine if any obstructions are present or repairs are needed. Trash or vegetation impeding water Flow through the structure should be removed. The structure should have a "baffle" or trash collector to prevent flow blockage and also hold back any floating oils from moving downstream. Elevations and dimensions should be verified annually with all current permit information. Periodic inspections should then be regularly conducted to make sure these structures maintain the proper water levels and the ability to discharge. 5.6 Earthen Embankments (Dikes and Berms) Check for proper elevations, width and stabilization. Worn down berms - especially if used by all- terrain vehicles or equestrian traffic — and rainfall — created washouts should be immediately repaired, compacted and re- vegetated. Agenda Item No. 17E April 24. 2007 Page 125 of. 132 6.0 Water Quality Testing To ensure proper operation of the overall treatment system, monitoring will be performed at one outfall (SW -1) from the (Project Name) if there is a flow over the weirs. According to the proposed Water Quality Monitoring Plan, monitoring may occur 3 times a year, once during the dry season (February/March) and twice during the wet season (August/September). A manual grab sample will be collected at the SW -1 outfall location and analyzed for various constituents and parameters as described in the Surface Water Quality Monitoring Plan. Trained and certified personnel will perform sample collection and laboratory analysis. The results of the laboratory analyses will be submitted to South Florida Water Management District as part of an annual water quality monitoring report by December 31 of each year.. 7.0 Construction Activities A Stormwater Pollution Prevention Plan (SWPPP) has been prepared for construction activities to minimize activities contamination that may be caused by erosion and sedimentation during the construction process. The plan includes provisions related to soil stabilization, structural erosion controls, waste collection disposal, offsite vehicle tracking, spill prevention and maintenance and inspection procedures. A copy of the SWPPP is attached hereto and made a part of hereof. LYf: Agenda Item No. 17E April 24,.2007 Page 126 of 132 STAFF REPORT DISTRIBUTION LIST CROSSROADS COMMUNITY CHURCH Application No: 020219 -16 Permit No: 11- 02377 -P INTERNAL DISTRIBUTION X Marie Dessources - 2261 X William Foley, P.E. - 2261 X Edward Cronyn - 2261 X A, Waterhouse - 4220 X C. Tears - 2262 • ERC Engineering - 2261 • ERC Environmental - 2261 • Fort Myers Backup File - 2261 X J. Golden -4210 X Permit File X R. Robbins - 4250 GOVERNING BOARD MEMBERS Mr. Harkley R. Thornton Mr. Hugh English Mr. Kevin McCarty Mr. Lennart Lindahl Mr. Michael Collins Mr. Nicolas Gutierrez, Jr. Ms.lrela Bague Ms. Pamela Brooks- Thomas EXTERNAL DISTRIBUTION X Permlttee - Crossroads Community Church Of Naples X Engr Consultant - Q. Grady Minor & Associates, P.A. GOVERNMENT AGENCIES X Collier County - Agricultural Agent X Collier County Engineer Engineering Review Services X Div of Recreation and Park - District 8 - FDEP X FDEP X Florida Fish & Wildlife Conservation Commission - Imperiled Species Mgmt Section OTHER INTERESTED PARTIES X Audubon of Florida - Charles Lee X Florida Wildlife Federation - Nancy Anne Payton X Leonora Reich X S.W.F.R.P.C. MarisaMorr X Water Management institute - Michael N. Vanatta N M r d r� F O o m .a c5 n+ o rs u u 0 � om x off° �.. O o � .^ ar' ° e e S� i sv rri • • Agenda Item No. 17E April 24, 2007 Page 127 of 132 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, 6q Y "6-7 8- OA Petitioner, Case No.: 044678 -CA vs. TIBURON GOLF VENTURES L.P., et al. Respondents. THIS CAUSE Collier County, Florida, Respondent, Final Judgment as to 1 Parcel No.: 115 v u z 0 C s [A-L JUDGMENT t \- A\'� 01) by this Gcwr'u�on joint motion of Petitioner, I the'state of Florida, together with entry of a Stipulated that the parties are authorized to make such` jon, the Court findin 'Ahat the ©-are no otheKTarties havitag an interest in or claim to compensation for Parcell 1,5,f` and finding that the fAtlovvjin-g terms hereof constitute the fill compensafld �ue the Responder Crab roads r Community Church of Naples, Inc., and the Court being fully advised in t e pre t�(c. seit is therefore o N o ORDERED AND ADJUDGED that Respondent, Crossroads Community Church of Naples, Inc. will be allowed, upon proper application and review, an access connection on Vanderbilt Beach Road and Livingston Road, as depicted on Exhibit "B" attached hereto and incorporated herein, as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel; it is further O, Z r G c Trr, II T7 6o O ut • • OR: PageT bf132 ORDERED that the Respondent, Crossroads Community Church of Naples, Inc., or its assigns, may design and construct, after proper application and receipt of a right - of-way permit, at its sole cost, a directional median opening, as depicted on Exhibit "B;" however this median opening does not constitute a part of the access connections referenced above, and Petitioner retains the right to close this median opening in the event a safety and operational concern arises; it is further ORDERED that Respondent, Crossroads Community Church of Naples, Inc. waives all claim to the sum of $69,000.00, which was deposited in the court registry pursuant to the Order of Taking entered in this cause and withdrawn by Respondent; it is further ORDERED that the Respbb dent shams — II return Collier County, by No /100 Dollars Ellen T. Chadwell, Office,of Cp Y��_: 34112, within thirty (30) da. ) f the date of this ORDERED that attorney `lees in the Respondent's attorney in faith deposit to Petitioner, of Sixty -Nine Thousand and Commissioners, c/o East, Naples, Florida, shall be awarded to cause of action as it relates to Parcel 115 and that Petitioner shall pay this sum directly to Forman, Hanratty & Montgomery Trust Account, clo Charles R. Forman, Esq. Fortran, Hanratty & Montgomery, 320 N.W. Third Avenue, Ocala, Florida, 34478, without thirty (30) days hereof; it is further ORDERED that no other attorney's fees, expert witness fees or costs will be awarded in connection with this cause as it relates to Parcel 115; it is further ORDERED that title to a fee simple interest in Parcel 115, more particularly described in Exhibit "A" attached hereto and incorporated herein, which vested in n t•J OR; 3t;dGr a 6 O7 Page 129 of 132 Petitioner pursuant to the Order of Taking dated June 29, 2004, and the deposit of money heretofore made, is approved, ratified and confirmed; it is further ORDERED that the Notice Lis Pendens filed in the above -styled cause and recorded in Official Record Book 3499, Page 2196 of the Public Records of Collier County, Florida, be dismissed as to Parcel 115; and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of L) F C .2004. o L'i Circuit Conformed copies to: ✓Ellen T. Chadwell, Esqui e, A: Q { ✓Charles R. Forman, Esquirei( to ( "E. Glenn Tucker, Esquire,, s i✓ V-SE)lIT0. CA-W OHM t\ �J JOINT MO17C Petitioner, Collier County,, STIPULATED with Respondent, Crossroads Community Church of Naples, Inc. (hereinafter "Church "), by and through their undersigned attorneys, state as follows: 1. Church is the only entity/person having any interest in Parcel 115 at the time of the good faith deposit and is the only party entitled to any compensation for the Taking of Parcel 115. 2. The parties acknowledge and agree that the Petitioner, Collier County, is relying on the foregoing representation in entering into this Stipulated Final Judgment. 3. There are no non - monetary benefits obtained on behalf of Church. 4. Church acknowledges that neither it, nor any assignee, transferee, or • 0 OR; 3191` z E Page 130 of 132 successor in interest, will obtain any property rights or interest in the directional median opening, in the event it is constructed. WHEREFORE, the undersigned, respectfully move for entry of the foregoing Stipulated Final Judgment as to Parcel 115. Dated this 2-o -4 day of lrut Vic! � 2004. C es Forman a '-Z- — — Florida Bar No. 2 2 ! 2 S- 3 Forman, Hanratty & Montgomery 320 NW Third Avenue Ocala, Florida 34478 -0159 Attorney for Respondent Crossroads Community Church of plesA (HEREBY furnished to all parties �G Ellen T.Chadwell, Esquire Florida Bar No. 0983860 Collier County Attorney's Office 3301 East Tamiami Trail Naples, Florida 34112 -- ,Attorney for Petitioner %E SINE c��? Charles Forman, Esquire Forman, Hanratty & Montgomery 320 NW Third Avenue Ocala, Florida 34478 -0159 Attorney for Respondent Crossroads Community Church of Naples, Inc. Collier County Tax Collector c/o E. Glenn Tucker, Esquire Rhodes, Tucker & Garretson P. O. Box 887 Marco Island, Florida 34146 of of t1he foregoing has been 2004. I 2 Sk q nl gv Z O m C Z m ry � S v T SM R 1aV2 1� OR: 3690AAa Mo. 17E April 24, 2007 Page 131 of 132 N 02'06'57` W 10 D - - _150.14' _ WEST LINE SECTION 31 I OR FEE SIMPLE n INTEREST msur"y. En(3 I t�Notes;. o1. This Is not o ( ml 2. Subject to easements reservations —{gym zlF oa, O;0 .0 alrictions of record. y -`,; -- ""S'EoserrterLis• shown hereon are per plot, unless dihfirRftee, noted. 'a o {—� 4. ROW represents Right of *ay. 5. POBI`,represends POINT OF BEGINNING, SROG{-jra ' \ t�OINT OF COMMENCMENT. t ~,georingf ore tiased on State Plane p l t /' Gogrdinota$, Florifl0^Eost Zone, NA0 Oneerro�(dn St I I Being o por{ias Of Sdftlbn 31, Township 48 South, Range 26 Eoz1,- C.*w,'County, Florida, and being i \ZI more as fallow. ARCEL 115 Z co N co U U A U N � 10.00' AI rnl N .50 m ' A [P O o rn N In O N � U A A U p OU -A LL t on £ ` m \\ i P N � A N O C 1 u O b � O A ijM m l.omm," 1Li the Soulhwesl Corner of Section 3% ml@ �1l South. Range 26 Evs6 CWlix County, ih Nance run North o2-m 5T Wol. Wang the es any line of sold ssclion 31, for o dislanas Of 150.14 lest to It's intersection alai the northerly right - of -way line of Vanderbilt BeoCh Reed; Thence run South B9.4U'O5' East olang laid northerly rlghl -of -way Me. ter o dlstonas of 6.40 lest; Thence run South 8955'48' East, .long said northerly rlght -of -aoy line, for b di,tence of 565.87 feel to the Southeasterly Corner of the lords deserbed in Metal Records Book 3022 of Pa 1126 though Ii31 of the Public Records of Coliees r County. Florido and the POINT OF BEOINNJeQ Inane, run North OOD4.14' East, along the easterly IM of sold des. ®ed lands, for o distance of 36.5D feet; Thence run South 89'55'46" feet lor 0 distance of 140.00 lest; Thanes South 00-04'14' Nest for o distance of 26.50 feel; Thence run Scull, B9'55'45' East far o distance of 114.09 fell to o Point an the westerly line at !hoe, lands d"C"Ib d M Official Records Book 2753 at Pages 23211 through 2332 of the P.Mic Records of CaIIW Canty, Florida; Thence run South (32112.42' East. Wong the westerly line Of said deYfined lend, for a distance of 10.00 real, 1. It's Mlrseelkw. ,dih the norlho,ly ngnt -oil -..y line of Vand,mst Beach Read; Thence run Norlh 6955'46' West Wang sold nalhaely rignt-of -way lime for a distance of 254.12 fast to the POINT OF BE(3INNINO; containing 0.144 acres more or Isla. /l S CT r O M 0 .J N M N d0 M a @ a N m Q W K x� 080£ ON 069£ Q10 j i b k y I I � a F I �a i� •'ii I a. : -o' i 4 4 ' Ott - - �I ,,, i x� 080£ ON 069£ Q10 Agenda Item No. 17F April 24, 2007 Page 1 of 7 EXECUTIVE SUMMARY Recommendation that the Board approve a Resolution adopting the Collier County HUD One Year Action Plan for FY 2007 - 2008 for Community Development Block Grant (CDBG), Home Investment Partnerships (HOME), American Dream Downpayment Initiative (ADD[) and Emergency Shelter Grant (ESG) Programs; authorize required HUD Certifications; approve execution of Subrecipient Agreements by the Chairman of the Board; and authorize transmittal to the United States Department of Housing and Urban Development (HUD). OBJECTIVE: To secure federal funding that will assist in improving the quality of life for very low and low income residents through the provision of housing and community development related activities using U.S. Department of Housing and Urban Development (HUD) funding from Community Development Block Grant (CDBG), Home Investment Partnerships (HOME), American Dream Downpayment Initiative (ADDI) and Emergency Shelter Grant (ESG) programs. CONSIDERATIONS: On April 25, 2006, the Board of County Commissioners (BCC) approved submission of the County's second 5 -Year Consolidated Plan FY 2006 through 2010 to HUD. At that same time the Board also adopted the current One -Year Action Plan for FY 2006 — 2007 which outlined the activities to be funded between July 1, 2006 and June 30, 2007. The County is now required to adopt and submit a new One -Year Action Plan for FY 2007 - 2008 to HUD prior to May 15, 2007. Workshops were held in the fall of 2006 to obtain community input. Nonprofit organizations submitted grant applications requesting CDBG and HOME funding on December 13, 2006. Twenty -one applications for funding were reviewed, scored and ranked in January and February 2007. The One -Year Action Plan was developed utilizing the County's Citizen Participation Plan. Public input was gathered at community meetings, monthly Affordable Housing Commission meetings and through the required 30 -day public comment period March 8, 2007 through April 7, 2007. Highlights of the 2007 -2008 Plan include over $2,000,000 for affordable housing activities in Immokalee including new affordable housing infrastructure and housing rehabilitation. The ESG grant will provide $98,000 to Immokalee Friendship House for the homeless. A summary of the projects to be funded and the number of beneficiaries is attached. FISCAL IMPACT: The total entitlement allocation for Collier County and the two entitlement communities is $3,199,263. The CDBG allocation for Collier County is expected to be $2,209,470, while Naples and Marco Island will receive $115,849 and $75,336 respectively. Collier County's HOME allocation is expected to be $686,685 plus $13,911 for ADDI, and the ESG grant allocation is expected to be $98,012. The three entitlement programs allow percentages for administration and planning as follows: CDBG up to 20% ($441,894), HOME up to 10% ($68,668) and for ESG up to 5% ($4,900). The FY 2007 -2008 One Year Action Plan .^ proposed CDBG administration budget is $441,894 and the HOME administration budget is Agenda Item No. 17F April 24, 2007 Page 2 of 7 $68,668. The County will pass 100% of the ESG grant allocation to the sub - recipient. Federal funding allocations for Collier County and the entitlement cities has decreased each year since FY 2004. GROWTH MANAGEMENT IMPACT: The proposed projects in the One -Year Action Plan assist in the implementation of the Growth Management Plan and Redevelopment Plans by providing housing assistance, economic development and infrastructure improvements in the community. LEGAL CONSIDERATIONS: These HUD form documents are necessary conditions to the County receiving HUD funding. In light of recent Board direction, the process has been modified this year to require signature by the Chairman of the Board on all of the proposed subrecipient agreements, with Board review and approval required for any amendment to the proposed subrecipient agreements. Previously, in keeping with prior Board resolutions, subrecipient agreements and amendments thereto would have been executed by staff. -JAK RECOMMENDATION: That the BCC approve a resolution adopting the Collier County HUD One Year Action Plan for FY 2007 - 2008 for Community Development Block Grant (CDBG), Home Investment Partnerships (HOME), American Dream Downpayment Initiative (ADDI) and Emergency Shelter Grant (ESG) Programs, authorize required HUD Certifications, approve execution of Subrecipient Agreements by the County Manager or his designee, and submit to HUD. Prepared by: Susan Golden, Federal /State Grants Administration Manager Housing and Human Services Department Agenda Item No. 17F April 24, 2007 Page 3 of 7 SUMMARY FY 2007 -2008 HUD ACTION PLAN PROJECTS Project/ Location Description Funding Beneficiaries atch/ Organization Leverage Kiacasa SR29 Infrastructure $1,000,000 204 home $3,100,000 Housing Immokalee for 204 Habitat CDBG owner private Infrastructure/ for Humanity households funds to Habitat homes date Sanders Pines/ Sanders Housing rehab $608,575 74 farm $70,000 Timber Ridge Pines Circle of 74 low CDBG worker rental private Farm Worker and income farm families funds rental rehab/ Cambridge & worker rental Imm NonProfit Wilton Court units Hsg Immokalee Hatcher's Roy Road & Infrastructure $59,001 15 single $327,000 Preserve/ Westclox for 15 single CDBG family private Empowerment Immokalee family homes homebuyers funds to Alliance date Crisis County wide Crisis $100,000 240 people $300,000 Stabilization/ stabilization and CDBG private Youth Haven intervention for funds families Eden Gardens Westclox Install fire $250,000 51 farm $3,900,000 Farm Worker Immokalee sprinklers in 51 HOME worker grants & rental housing/ farm worker families loans Bid Cvpress rental units Tenant Based County wide Rental $300,000 25 $5,787 Rental assistance for HOME households building Assistance 25 -30 homeless lease (TBRA)/ and /or special Collier County needs Housing households Authority Housing County wide Single Family $68,017 8 households Rehabilitation Housing Rehab HOME Homeless Immokalee Emergency $98,012 150 $98,012 Assistance/ Friendship Shelter ESG individuals private Imm Friendship House Assistance donations House Public Facility 5 Avenue City of Naples $115,849 900 Improvements/ North & 10th improvements CDBG neighborhood Naples Street North Carver /River Pk residents Naples neighborhood Public Facility Tallwood Marco Island $75,336 40 Improvements/ area CDBG households Marco Island Marco Island Total Project $2,674,790 $7,800,799 Funding Agenda Item No. 17F April 24, 2007 Page 4 of 7 RESOLUTION NO. 2007 - A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING A FISCAL YEAR 2007 -2008 ONE -YEAR ACTION PLAN FOR $3,199,263 FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS (HOME), AMERICAN DREAM DOWNPAYMENT INITIATIVE (ADDI) AND EMERGENCY SHELTER GRANT (ESG) PROGRAMS, AUTHORIZING REQUIRED HUD CERTIFICATIONS, APPROVING EXECUTION OF SUBRECIPIENT AGREEMENTS BY THE CHAIRMAN OF THE BOARD, AUTHORIZING TRANSMITTAL TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the United States Department of Housing and Urban Development (hereinafter HUD) requires a Five -Year Consolidated Plan and One -Year Action Plan be developed and submitted as an application for planning and funding of Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), American Dream Downpayment Initiative (ADDI) and Emergency Shelter Grant (ESG) Programs; and WHEREAS, the overall goal of the community planning and development programs covered by this plan is to develop viable communities by providing decent, affordable housing, a suitable living environment and expanding economic opportunities for low and moderate - income persons; and WHEREAS, the Five -Year Consolidated Plan for FY2006 -2010 was adopted by the Board of County Commissioners on April 25, 2006, following the Collier County Citizen Participation Plan, adopted January 9, 2001; and WHEREAS, the FY2007 -2008 One -Year Action Plan will serve as a planning document for Collier County; an application for federal funds under the U. S. Department of Housing and Urban Development (HUD) formula grant programs; a strategy to be followed in carrying out the HUD programs; and an action plan that provides a basis for assessing performances. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners of Collier County approves the FY2007- 2008 One -Year Action Plan for the CDBG, HOME, ADDI and ESG Programs, which is attached and incorporated herein by reference, and authorizes the Housing and Human Services Department to transmit the Plan to the proper funding authority and take all necessary actions for implementation of the CDBG, HOME, ADDI and ESG programs. Page 1 of2 Agenda Item No. 17F April 24, 2007 Page 5 of 7 2. The Chairman of the Board of County Commissioners is authorized to execute certifications pertaining to the Consolidated Plan and Action Plan on behalf of the County. 3. The One -Year Action Plan sets forth the dollar amounts estimated for each activity to be funded by the CDBG, HOME, ADDI and ESG Programs. A copy of the proposed projects, funding and beneficiaries is included in the Executive Summary and incorporated by reference. Accordingly, the individual Activity's Subrecipient Agreement for all CDBG, HOME and ESG projects will be subsequently entered into on behalf of Collier County and each such Agreement is hereby acknowledged as providing for a valid public and County purpose. Based on these findings, the Chairman of the Board of County Commissioners is authorized to execute the CDBG, HOME, and ESG Subrecipient Agreements to implement each such Activity, so long as: 1) each such Subrecipient Agreement conforms to the format of the attached blank forms in the Appendix , adopted and incorporated by reference, and 2) the dollar amount of each Activity and corresponding Subrecipient Agreement is consistent with targeted areas outlined in the One - Year Action Plan, referenced above. Should it be necessary to amend any of these Subrecipient Agreements, such amendment will be brought to the Board for review and approval. 4. SEVER-ABILITY. If any section, sentence, clause or phrase of this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Resolution. 5. EFFECTIVE DATE. This Resolution shall become effective upon adoption by a majority vote of the Board of County Commissioners. This Resolution adopted this majority vote favoring same. ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Managing Assistant County Attorney day of April 2007, after motion, second and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Page 2 42 Agenda Item No. 17F April 24, 2007 Page 6 of 7 One -Year Action Plan HUD FY 2007 — 2008 You may view a copy of the HUD One -Year Action Plan at the following sites upon BCC approval: • All Collier County Public Libraries • Collier County Housing and Human Services 0 3050 Horseshoe Dr. Suite 110 0 3301 Tamiami Trail East, Building H Room 211 • Web address: http://www.colliergov.net/Index.aspx?page-105 Agenda Item No. 17F April 24, 2007 Page 7 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 17F .a Item summary: Recommendation to approve a resolution aJesting the Collier County HUD One Year Action Plan for FY 200] - 2008 far Community Development 81oCk Grant (CDBG). Home Investment Partnerships (HOME). American Dream Downpayment Initiative (ADD[) and Emergency Shelter Grant (ESG) Programs, authonze required HUD Certifications approve execution of Subreclpient Agreements by the County Manager or his designee, and submit to the United States Department of Housing and Urban Development (HUD). Meeting Date: 424/2009 9'.00'.00 AM Prepared By FedevllState Grants Administration Susan Golden Manager Data Public Services Mousing & Human Services 4161200711:00:56 AM Approved By Marcy Krumbine Director Data Public Services Housing & Human Services 4/61200712:25 PM Approved By Jeff Ktatakow Assistant County Attorney Date County Attorney County Attorney Dffice 41912007 9:07 AM Approved By Kathy Carpenter Executive Secretary Data Public Services Public Services Atlmin, 411012007 8:37 AM Approved By Marla Ramsey Public Services Administrator Data Public Services Public Services Atlmin, 411212007 3:54 PM Approved By OMB Coordinator Administrative Assistant Date County Managers Office Office of Management 8 Budget 411312007 9:28 AM Approved By Sherry Pryor Management &Budget Analyst Data County Managers Once Office of Management & Budget 41131200710:32 AM Approved By Mark au kson Budget Analyst Data County Managers Office Office of Management & Budget 41131200711:39 AM .Approved By James V Mudd County Manager Data Board of County Comm issioners County Managers Office 411412001 9:26 AM Agenda Item No. 17G April 24, 2007 Page 1 of 174 EXECUTIVE SUMMARY PUDZ2006 -AR -8997, D. Wayne Arnold, AICP, Q. Grady Minor and Associates, and Richard D. Yovanovich, Esq., Goodlette Coleman and Johnson, P.A. representing Elias Brothers Communities Two, Inc., requesting to rezone a 55 -acre tract from the Rural Agricultural (A) zoning district to Residential Planned Unit Development (RPUD) zoning district for a project known as the Buttonwood Preserve RPUD for property located approximately one mile south of Immokalee Road (C.R. 846) and 0.7 miles east of Collier Boulevard (C.R. 951) on the south side of Tree Farm Road, in Section 35, Township 48 South, Range 26 East, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BCC) consider the petitioner's request to rezone a 55 -acre tract from the Rural Agricultural (A) zoning district to Residential Planned Unit Development (RPUD) zoning district and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner wishes to rezone the subject 55 -acre site from the Rural Agricultural (A) Zoning District to a Residential Planned Unit Development (RPUD) identified as Buttonwood Preserve RPUD. The proposed residential development would permit single - family dwellings, townhomes, two - family /duplex dwellings and multi family dwellings. A total of 220 residential dwellings have been requested at a density of four dwelling units per acre. The petitioner has provided a 13.45 acre "Preserve" along Tree Farm Road, which exceeds the 11.6 acres of native preservation that is required by the Land Development Code (LDC). In a previously approved "Developer Contribution Agreement" (DCA), the petitioner provided a 30 -foot strip of land to be used as right -of -way for Tree Farm Road at no cost to the County, as well as agreed to accept the stormwater run -off from that portion of Tree Farm Road that adjoins the subject property. FISCAL IMPACT: The rezoning petition, by and of itself, will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the rezoning petition is approved, a portion of the land could be developed. The Comity collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay 50 percent of the estimated Transportation !` Impact Fees associated with the project. Other fees collected prior to issuance of a building PUDZ- 2006 -AR -8997, Buttonwood Preserve RPUD Page 1 of 6 Executive Summary BCC 4124/07 Agenda Item No. 17G April 24, 2007 Page 2 of 174 permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Please note that the inclusion of impact fees and taxes collected are for informational purposes only; they are not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN IMPACT: The subject property is designated Urban (Urban Mixed - Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. This district is intended to accommodate a variety of residential and non- residential uses, including mixed -use developments such as Planned Unit Developments. Relevant to this petition, the residential and accessory recreational uses proposed for the RPUD are consistent with the Urban Mixed - Use District, Urban Residential Subdistrict, including single family development. This Subdistrict permits a variety of residential unit types at a base density of four dwelling units per acre, and limited to a maximum of 16 dwelling units per acre, as allowed under the Density Rating System. No density bonuses are requested and no density reductions are applicable. Therefore, the site is eligible for 4 DU /A. Base Densitv 4 dwelling units per acre r— Total Eligible Density 4 dwelling units per acre x 55 acres = 220 dwelling units In an effort to support the Community Character Plan for Collier County, the Future Land Use Element was amended to include Objective 7 and subsequent policies. Policy 7.3 encourages all new and existing developments to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. The Tree Farm Road RPUD Master Plan, conceptual in nature, provides for no potential interconnects with Warm Springs RPUD to the north of the project, Bristol Pines RPUD to the west and south of the project, and Vanderbilt County Club RPUD to the south and east of the project. The Buttonwood Preserve RPUD provides an internal pedestrian network with a linkage to Tree Farm Road. Based upon the above analysis, staff concludes the proposed uses and density may be deemed consistent with the Future Land Use Element. AFFORDABLE HOUSING IMPACT: No "Affordable Housing Density Bonuses" were requested for the residential Planned Unit Development rezoning petition. The developer has offered to contribute a sum of $1,000 per proposed residential dwelling unit constructed within the project to the Collier County Affordable Housing Trust Fund. A potential $220,000 total contribution would be provided if the 220 dwelling units were constructed. PUDZ- 2006 -AR -8997, Buttonwood Preserve RPUD Page 2 of 6 Executive Summary BCC 4/24/07 Agenda Item No. 17G April 24, 2007 Page 3 of 174 ENVIRONMENTAL ISSUES: Environmental Services Staff has reviewed the petition and has recommended approval subject to the conditions contained in Section 6.6 of the PUD document, and recommends that the EAC recommendation for soil sampling be included in the PUD document. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC heard the petition on March 7, 2007 and with a unanimous (7 -0) vote recommended to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval with the following condition: Soil sampling results will be required at the first SDP or plat and plans submittal, as the case may be, following the adoption of the rezone ordinance. Collier County Environmental Staff will determine the appropriate parameters for soil sampling. Mitigation required shall be approved by appropriate agencies prior to SDP /PPL approval. A copy of the analysis will be forwarded to the EAC members. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard this petition on March 15, 2007 and with a unanimous (9 -0) vote recommended to forward PUDZ -06 -AR -8997 petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to the following conditions: 1. Revise Section 6.9 A of the PUD document to include the wall and fencing requirements as agreed upon by the applicant and the Vanderbilt County Club Homeowner Association. 2. Revise Section 3.5 Table 1 of the PUD document to add foot note *6 to the front yard setback for principal and accessory structures of single family detached and two family and duplex, and that side yard setback for principal and accessory uses of multi - family structures. 3. No Certificate of Occupancy (C.O.) shall be issued for any residential structures until the following roadway improvement projects are substantially completed: Collier Boulevard (CR 951) from Immokalee Road (SR 846) to Golden Gate Boulevard (CR 876), Vanderbilt Beach Road (CR 862) from Collier Boulevard to Livingston Road, and Immokalee Road from Collier Boulevard to I -75. 4. Section 6.6 H shall be amended to require that only a Class 1 Environmental Study would be required for the subject property if no hazardous material are found during the Class 1 Environmental Study. 5. The PUD document and Conceptual Master Plan shall reflect the requirement of the placement of a stabilized grassed emergency use accessway, which would be designed and constructed to fire lane PUDZ- 2006 -AR -9997, Buttonwood Preserve RJIUn Page 3 of 6 Executive Summary BCC 4/24/07 Agenda Item No. 17G April 24, 2007 Page 4 of 174 requirements, which would complete a loop drive from the southernmost cul -de -sac to the main road, west of the proposed recreation area. The CCPC approved the two deviations that were requested. Because the EAC and the CCPC approval recommendations were unanimous, this petition can be placed on the Summary Agenda. In addition, staff has not received any letters of objection to this proposed rezone. LEGAL CONSIDERATIONS This is a site specific rezone from the Rural Agriculture (A) Zoning District to a Residential Planned Unit Development (RPUD) Zoning District for a project known as the Buttonwood Preserve RPUD. Site Specific rezones are quasi - judicial in nature. As such the burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denying the rezone, to determine that such denial would not be arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Criteria for PUD Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the county attorney. 3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? PUDZ- 2006-AR -8997, Buttonwood Preserve RPUD Page 4 of 6 Executive Summary BCC 4/24/07 Agenda Item No. 17G April 24, 2007 Page 5 of 174 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherBdse affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. PUDZ- 2006 -AR -8997, Buttonwood Preserve RPUD Page 5 of 6 Executive Summary BCC 4/24/07 Agenda Item No. 17G April 24, 2007 Page 6 of 174 21. Are there substantial reasons why the property cannot ( "reasonably ") be used in accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed PUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.] 06, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition PUDZ- 2006 -AR- 8997. PREPARED BY: Michael J. DeRuntz, CFM, Principal Planner Department of Zoning and Land Development Review PUDZ- 2006 -AR -8997, Buttonwood Preserve RPUD Page 6 of 6 Executive Summary BCC 4/24/07 Agenda Item No 17G April 24, 2007 Page 7 of 174 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS +^ Item Number. 17G Item Summary: This item requires that all pampro nis be sworn In and ex parse disclosure be provided by Commission members. PUDZ - 2006 -AR -6997, D. Wayne Arnold AICP, O. Grady Minor and Associates, and Richard 0. Y ... do,oh. Esq., GOOdletta Coleman and Johnson, P representing Bias Brothers Communities Two, Inc.. requesting to rezone a 55 acre tract from the Rural Agricultural (A) zoning district 10 Residential Planned Unit Development (RPUD) zoning district for a project known as the Buttonwood Preserve P. PUD for property located approximately one mile south of Iimmokelee Road (C R_ 846) and 0.7 miles east of Collier Boulevard (C. R. 951) on the south side of Tree Farm Road. in Section 35, Township 48 South. Range 26 East, Collier County, Florida. Meeting Date: 412412007 5.00'.00 AM Prepared By Michael J. Cassno, Principal Planner Data Community Development 8 Environmental Services Zoning 8 Land Development Review 41212007 3:43:38 PM Approved By Rey Beil.ws Chief Planner Data Community Development 8 Envfronmental Services Zoning & Land Development Review QC2007 6:44 PM Approved By Donald L. Scott Transportation Planning Director Data Transportation Services Transportaton Planning 414120072,26 PM Approved By Marlene Stewart Executive Secretary Data Community Development& Community Development& Environmental Services Ecammu ental Services Admin, 41512007 1:53 Be ,.., Approved By Judy Rule Operations Analyst Date Community Development 8 Commurdty Development& Envronmemal Services Environmental Services Admin. 415120072:53 PM Approved By Marjorie M. Student - Stirling Assistant County Attorney Data County Attorney County Attorney Office 41612a07 2:30 Be Approved By Susan Murray, AICP Zoning is Land Development Director Data Community Development & Environmental Services Zoning B Land Development Review 411012007 11:12 AM Approved By Norm E. Feder. AICP Transportation Division Administrator Data Transportation Services Transportation Services Admin 411012007 2:16 PM Approved By Commumty Develupment & Joseph I Schmitt Environmental Services Adminstrator Data Community Development & Community Development & Environmental Servicea Environmental Services Admi, 411212007 12: 46 PM Approved By OMB Carrollton., Administrative Assistant Date County Manager's Office Office of Management & Budget 411312007 9:24 AM Approved By Mark lseckaon Budget Analyst Data County Manage!z Office Office of Management 8 Budget 411312007 a 00 PM Approved By Jame. V. Mudd County Manager Data Board of County Commissioners County Manager's Office 41161200712:41 Be Agenda Item No. 17G April 24, 2007 Page 8 of 174 Got fter COunty STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: MARCH 15, 2007 SUBJECT: PUDZ - 2006 -AR -8997, BUTTONWOOD PRESERVE RPUD OWNER/AGENT: Agent: D. Wayne Arnold, AICP Q Grady Minor and Associates 3800 Via Del Rey Bonita Springs, FL 34134 -7569 Owner: Elias Brothers Communities Two, Inc. 1500 Collier Boulevard Naples, FL 34110 REOUESTED ACTION: Richard D. Yovanovich, Esq, Goodlette Coleman and Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34134 The petitioner wishes to rezone a 55 acre tract from the Rural Agricultural (A) zoning district to Residential Planned Unit Development (RPUD) zoning district for a project known as the Buttonwood Preserve RPUD. GEOGRAPHIC LOCATION: The subject property is located south east of Immokalee Road (C.R. 846) and Collier Boulevard (C.R. 951) intersection on Tree Farm Road approximately 0.7 miles east of Collier Boulevard, in Section 35, Township 48 South, Range 26 East, Collier County, Florida. (See illustration on following page) PUDZ- 2006 -AR -9997 BU7 "1.014 WOOD PRESERVE RPUD March 15, 2007 Page t of 22 0 � d @ - Q � t6 W ° Q 2 W O F Q wU s r— L 0 W H N 0 Z O Q 0 P 9 p U� Y WO a—, 6• � 5�a B � S• k 3' 5 ? 9i �e 3y H8 g pp pp aig €e 6B ° k k ° k m k c y8 p JAR 9s � a1 0 W H N 0 Z O Q 0 Agenda Item No. 17G April 24, 2007 Page 10 of 174 PURPOSE/DESCRIPTION OF PROJECT: The purpose of this petition is to rezone the subject 55 -acre site from the Rural Agricultural (A) Zoning District to a Residential Planned Unit Development (RPUD) identified as Buttonwood Preserve RPUD. The proposed residential development would permit single- family dwellings, townhomes, two - family / duplex dwellings and multi family dwellings. A total of 220 residential dwellings have been requested at a density of four dwelling units per acre. The "Conceptual Master Plan" proposed two residential zones (R -1 & R -2). The "R -1" zone would consist of approximately 9.57 acres and would contain single- family detached dwellings and two - family / duplex dwellings. The "R -2" zone would consist of approximately 11.64 acres and would contain single - family attached dwellings, townhomes, and two- family / duplex and multi- family dwellings. A recreational area of approximately .88 acres has been located centrally within the residentially zoned area. The recreational area has been identified to provide the potential of indoor or outdoor recreational facilities that could provide a variety of recreational amenities, as well as incidental personal services that would be limited to use by the project residents only. As depicted on the PUD Conceptual Master Plan (See Attached), a 13.45 acre "Preserve" area has been provided along Tree Farm Road, which exceeds the 1 1.6 acre of native preserve area that is required by the band Development Code (hDC). A perimeter buffer is proposed along the boundary of the subject property, as well as adjoining the "Recreational Area." A minimum of 60 percent of the overall gross project area shall be devoted to usable open space. Storm water management is proposed through a series of three lakes, which will have a combined area of approximately 7.20 acres. The subject property is located within Zone "X" of the FEMA flood insurance rate map. The subject property is located in the 951 Canal North Basin. This project will be required to be designed for a storm event of a 3 -day duration and 25 -year return frequency, in accordance with the "Rules of the South Florida Water Management District." Access to the subject property will be via Tree Farm Road. Tree Farm Road is an unimproved County road, which is planned to be improved to a "Collector Road" standard. This road project is identified in the 5 -Year Capital Improvement Plan for the Transportation Department, and is scheduled to begin construction in 2008. This road improvement project will go from Collier Boulevard (C.R. 951) east to Massey Street. A portion of the subject property is subject to a "Developer Contribution Agreement," approved by the Board of County Cormnissioners on January 11, 2005, that provided a 30 -foot strip of land to be used as right -of -way for Tree Farm Road at no cost to the County. The developer has also agreed to donate an area of 30 feet along the northern boundary for right -of -way purposes. The developer has also agreed to accept the stormwater run -off from the right -of -way for that portion of Tree Farm road east of the project entrance and treat the run -off within the project's water management system. The developer has provided a 50 foot by 120 foot area adjacent to Tree Farm Road and west of the project entrance for a Collier County Water and Sewer District raw water easement. PUDZ- 2006 -AR -8997 BUTTONWOOD PRESERVE RPUD 3 Agenda Item No. 17G April 24, 2007 Page 11 of 174 The developer has offered to financial contribute a sum of $1,000 per proposed residential dwelling unit constructed within the project to the Collier County Affordable Housing Trust Fund. A potential $220,000 total contribution would be provided if the 220 dwelling units were constructed. ,""IMM- ,8 �w.rn n. ue rwra1M1piM1a�a'nwn rro w �K- ;0- g . MIK In IK '-d r we /' Rt RZ R2I 1 Rt R2 ..urn na w rswn nwsw:"m`.m..wr PUDZ - 2006 -AR -8997 BUTTONWOOD PRESERVE RPUD 4 m.wne K�lwu JP 0 Surrounding: PUD' mm .0 Agenda Item No. 17G April 24, 2007 Page 13 of 174 North: Tree Fann Road then undeveloped woodlands that have been approved for a Residential Planned Unit Development; zoned Warm Springs PUD (3.78 dwelling units per acre), East: Comcast Cable antenna field and single- family homes and golf course within the Vanderbilt County Club subdivision; zoned Vanderbilt County Club PUD(2.48 dwelling units per acre), South: Single- family and multi - family homes and golf course within the Vanderbilt County Club subdivision and multi- family residential under development; zoned Vanderbilt Country Club PUD (2.48 dwelling units per acre) and Bristol Pines PUD (3.00 dwelling units per acre), West: Multi - family residential under development; zoned Bristol Pines PUD (3.00 dwelling units per acre), k a� ZONE X +xnm GROWTH MANAGEMENT PLAN CONSISTENCY: SUBJECT PROPERTY .W PUD' Wwffm and Future Land Use Element (FLUE): The subject property is designated Urban (Urban Mixed - Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. This district is intended to accommodate a variety of residential and non - residential uses, including mixed -use developments such as Planned Unit Developments. Relevant to this petition, the residential and accessory recreational uses proposed for the RPUD are consistent with the Urban Mixed - Use District, Urban Residential Subdistrict, including single PUDZ- 2006 -AR -8997 BUTTONWOOD PRESERVE RP11D Agenda Item No. 17G April 24, 2007 Page 14 of 174 family development. This Subdistrict permits a variety of residential unit types at a base density of four dwelling units per acre, and limited to a maximum of 16 dwelling units per acre, as allowed under the Density Rating System. No density bonuses are requested and no density reductions are applicable. Therefore, the site is eligible for 4 DU /A. Base Density 4 dwelling units per acre Total Eligible Density 4 dwelling units per acre x 55 acres = 220 dwelling units In an effort to support the Community Character Plan for Collier County, the Future Land Use Element was amended to include Objective 7 and subsequent policies. Policy 7.3 encourages all new and existing developments to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. The Tree Farm Road RPUD Master Plan, conceptual in nature, provides for no potential interconnects with Warm Springs RPUD to the north of the project, Bristol Pines RPUD to the west and south of the project, and Vanderbilt County Club RPUD to the south and east of the project. The Tree Farm Road RPUD provides an internal pedestrian network with a linkage to Tree Farm Road. Based upon the above analysis, staff concludes the proposed uses and density may be deemed consistent with the Future Land Use Element. Transportation Element: The Transportation Department has reviewed the Petitioner's Traffic Impact Statement (TIS) and has determined that the proposed rezone will generate 1,552 Average Daily trips and a maximum peak PM traffic volume of 149 trips per hour at the build out of the project in 2008. As a result, this petition is consistent with policies 5.1 and 5.2 of the Transportation Element. Based on the analysis contained in the Traffic Impact Statement (Exhibit "D "), all roadway segments significantly impacted as a result of the Buttonwood Preserves RPUD will operate at or above the adopted Level of Service (LOS) standard for that roadway as established by Collier County. The only exception is Inunokalee Road to the west of Collier Boulevard. This link is slated for six - laning within Fiscal Year 2006. A six -lane Immokalee Road will function acceptably with the addition of the traffic from Buttonwood Preserve RPUD. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. These criteria are specifically noted in Section 10.02.13 of the Land Development Code and required staff evaluation and comment. The Collier County Planning Commission (CCPC) and the Board of County Commissioners (BCC) also used these criteria as the basis for their recommendation. Appropriate evaluation of petitions for amendments to PUDs should establish a factual basis for supportive action by appointed and elected decision - makers. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are summarized by staff, culminating in a determination of compliance, non - compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. (See Exhibit "A" and Exhibit "B ") Affordable Housing Impact: No "Affordable Housing Density Bonuses" were requested for the residential Planned Unit Development rezoning petition. The developer has offered to contribute a PUDZ - 2006 -AR -8997 Bm7TONWOOD PRESERVE RPUD 7 Agenda Item No. 17G April 24, 2007 . Page 15 of 174 sum of $1,000 per proposed residential dwelling unit constructed within the project to the Collier County Affordable Housing Trust Fund. A potential $220,000 total contribution would be provided if the 220 dwelling units were constructed, Environmental: Environmental Services Staff has reviewed the petition and has recommended approval subject to the conditions contained in Section 6.6 of the PUD document and in the Environmental Advisory Council (EAC) Staff Report (Exhibit "F "). The EAC will be reviewing this petition at their March 7, 2007 meeting. The County staff will verbally provide the EAC's recommendations to the CCPC during their public hearing of this item. Transportation Analysis: Transportation Department staff has reviewed the petition and has recommended approval subject to the conditions contained in Section 6.7 of the RPUD Document. The Traffic Generation Report prepared for this zoning petition identified that the Average Annual Daily Traffic (AADT) was projected to be 1,552. A dedication of property for the expansion of roadway right -of -way has been provided on Tree Farm Road as provided in the Developer Contribution Agreement (recorded at OR Book 3730, Pages 0876 — 0893 of the Public Records of Collier County, Florida). In Section 6.7.K. the RPUD Document provides an additional 30 foot wide donation of property for the right -of -way for Tree Farm Road. Utilities: The Utilities Department Staff has reviewed the petition and has recommended approval subject to the conditions contained in Section 6.4 of the RPUD Document, which includes the reservation of a 50 foot by 120 foot raw water well easement. Zoning and Land Development Review Anal The evaluation by professional staff includes an analysis of the project's relationship to the community's future land use plan and whether or not a rezoning action would be consistent with the GMP. Other evaluation considerations include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses. In addition, staff offers the following synopsis: Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element (FLUE) of the GMP. The subject property is designated Urban (Mixed -Use District, Urban Residential Subdistrict) as identified on the Future Land Use Map of the Growth Management Plan (GMP). This district pen-nits residential uses, as proposed, at the density proposed. Staff believes that the petitioner's requested uses and density are compatible with the FLUE, thus this petition is consistent with the GMP. Relationship to Existing Land Uses - The subject property is bordered by Tree Farm Road, Comcast Cable Antenna Field, Vanderbilt Country Club PUD, and Bristol Pines PUD. The subject property is located in the Rural Agricultural (A) district. Presently, the subject property has been altered extensively through past agricultural uses, and contain farm buildings and single - family structures. In rezoning the subject property to a Residential Planned Unit Development (RPUD), the petitioner is proposing to develop a maximum of 220 residential dwelling units by utilizing a base density of four dwelling units per acre. Immediately to the northeast of the subject property is a Comcast - Cable antenna field, which contains two antennas. The adjoining residential development to the east PUDZ- 2006 -AR -8997 BUTTONWOOD PRESERVE RPUD 8 Agenda Item No. 17G April 24, 2007 Page 16 of 174 and south is Vanderbilt Country Club PUD, which was approved for a total of 800 dwelling units on 323 acres (2.48 dwelling units per acre). The Bristol Pines PUD, which is located to the south and west, has not started development, but was approved for 298 dwelling units on 42.61 acres (3.00 dwelling units per acre). The Warm Springs PUD, which is located south of the subject property, was approved for 450 dwelling units on 119.45 acres (3.78 dwelling units per acre). Therefore, staff believes the density of 4 dwelling units per acre and the proposed uses for the project would be compatible with and comparable to surrounding development and would not adversely impact the existing residential land uses in the area. In addition, the maximum building height is 35 feet for the single - family dwelling units and 45 feet for the town -home and multi - family dwelling units, This is comparable to the 35 foot maximum approved for Bristol Pines RPUD and the 45 foot maximum approved for the Warm Springs PUD for the multi- family structures. Furthermore, staff believes that the development regulations, landscaping, and the screening and buffering requirements of the PUD District will meet the goals of the GMP and enhance the aesthetic quality of this area. The opportunity to interconnect to the proposed roadway system of the approved Bristol Pines PUD was not provided. Objective 9 of the Transportation Element for the GMP recommends that future developments should strive to provide intercomnections of local streets between developments to facilitate convenient movement throughout the roadway network, and multiple points of ingress and egress for greater accessibility for public safety. !�I !1 � Cil BRISTOL PINES RPUD RPUD MASTER PLAN ld�"l� � it �mawr�aaxasna+�at.or• WiYJR4RW4TRR• `ii 1 6i0dE4)9+Y+��amrvuxa.xr• _ ___r R4JYR.,4YIiNlF'3•r•...... r. � P 4YJ 6- CYJYi.XY. LL. "jtJtibT3L aua,araa,c= —:r •J'• - . 1�.��Iu. nRrsrus_ _ Deviation Discussion: � •rianrrim.�"^:'6= L"S:Yr'Y. °•Yi El p�m� IinM c ' Q c F m I rr ' 0- i The petitioner is seeking two deviations and has identified them in Section 2.5 of the RPUD Document. The petitioner has provided justification in support of the deviations in correspondence PUD7_- 2006 -AR -8997 BU IONWOOD PRESERVE RPUD Agenda Item No. 17G April 24, 2007 Page 17 of 174 received by the staff with the application on December 1, 2004 (Exhibit B). Staff has analyzed the deviations and provides the analyses and recommendations below. Deviation 1 seeks relief from LDC Section 6.06,01 (0) for cul -de -sac and local street right -of -way width requirements. The petitioner is seeking relief from the requirement to provide a 60 -foot wide local road right -of -way. The petitioner is proposing that: All platted project streets shall have a minimum 50 -foot right -of -way. The petitioner provided the following justification for this deviation: "This deviation has been previously approved by Staff and the Board of County Commissioners for similar residential projects. The proposed fifty foot right -of -way is adequate to provide for travel lanes, utilities and sidewalk. The reduced width will provide the developer with additional flexibility in designing the site in a manner that will result in greater open space, without sacrificing any health, safety, or welfare considerations. " Staff is supportive of deviation No. 1 with the stipulation that the streets shall remain private, The current interior roadway system is privately maintained and the added roadway surface would be the same. Staff, therefore, finds the deviation in compliance with LDC Section 10,02.13.A.3, in that the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." Deviation 2 seeks relief from the Construction Standards Manual for Dead -End Streets. The petitioner is seeking relief from the required maximum length of local roads before providing for a cul -de -sac. The petitioner is proposing: Cul -de -sacs may exceed a length of 1,000 -feet. The petitioner provided the justification for this deviation in a February 10, 2005, letter to staff stating the following; "This deviation will permit the developer to construct the project consistent with the conceptual master plan. The cul -de -sac shown on the plan is a more efficient and economical approach to infrastructure provision within the project. An appropriate turning radius for emergency vehicles has been provided at the terminus of the project." Staff is not supportive of deviation No. 2 due to the potential of interconnecting to a roadway network in the Bristol Pines PUD, which adjoins the subject property on its western boundary. Staff, therefore, finds the deviation not in compliance with LDC Section 10.02. 1 3.A.3, in that the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." NEIGHBORHOOD INFORMATION MEETING (NIM): PUDZ- 2006- AR- 8997 BUITONWOOD PRESERVE RPUD 10 Agenda Item No. 17G April 24, 2007 Page 18 of 174 Synopsis provided by Linda Bedtelyon, Community Planning Coordinator: The agent for the applicant held the required NIM at Oakridge Middle School cafeteria, August 21, 2006 at 5:30 p.m. Ten people attended including the applicant's team and county staff. Of those who spoke, no one stated objections to the proposed rezone and development. Agent for the applicant, Wayne Arnold of Q. Grady Minor made the following conunitment: There will be a maximum height of 35 feet for the R -1, residential single- family and 2- family duplex units in the tract adjacent to Vanderbilt County Club. In response to questions and concerns voiced by Larry Smith, representative of Vanderbilt Country Club regarding buffering between the Buttonwood project and Vanderbilt Country Club, Mr. Arnold stated that they have made no commitment to a concrete wall. Mr. Reed Jarvey addressed some questions pertaining to traffic flow and improvements to the surrounding roads saying, Collier Boulevard improvements are projected to be completed in early 2009. Mr. Jarvey also said that the developer is collaborating with the county and surrounding property developers to make improvements to Woodcrest, Massey and Tree Farm Roads, as well as improve the drainage and utilities the proj ect would impact. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPQ forward a recommendation of approval of petition PUDZ - 2006 -AR -8997 to the Board of County Commissioners (BCC) subject to the conditions of approval that have been incorporated in the RPUD Document, and including the following: 1. Revise the Conceptual Master Plan to provide for a future interconnection with the adjoining approved undeveloped Bristol Pines RPUD to the west. 2. Deny the proposed Deviation No. 2, based on the findings in the staff report. PUDZ•2006 -AR -8997 DUITONWOOD PRESERVE, RPUD t Agenda Item No. 17G April 24, 2007 Page 19 of 174 PREPARED Zd z o� ICHAFT J. D A "TZ, CFM, D PRINCIPAL PL ER DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REVIEWED BY: � C lrin..nn MARJO IE M. STUD NT- STIRLING D TE ASSISTANT COUNTY ATTORNEY E� X Z-13-o7 RAY BE OWS, ZONING MANAGER DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW �d -�-�'l `lam• ..� a a8 v7 SUS-AN MURRAY ISTENES, AICP, DIRECTOR DATE DEPARTMENT OF ZONING & — LAND DEVELOPMENT REVIEW VED BY: � e K. SCH " T, ADMINI TRATOR AO LAITY DEVELOPMENT & NMENTAL SERVICES DIVISION Petition PUDZ- 2006 -AR -8997 Tentatively scheduled for the April 24, 2007 Board of County Commissioners Meeting. COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN Attachments: Exhibit A — Rezoning Findings Exhibit B — PUD Findings Exhibit C — Application Exhibit D - Traffic Impact Statement (TIS) Exhibit E — Environmental Impact Study (EIS) Exhibit F — Environmental Advisory Council Staff Report PUDZ - 2006 -AR -8997 BUTTONWOOD MrSERVE RPUD 12 Agenda Item No. 17G April 24, 2007 Page 20 of 174 REZONE FINDINGS PETITION PUDZ - 2006 -AR -8997 Section 10.03.05 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. Pro: The property is located designated Urban (Urban Mixed - Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. This district is intended to accommodate a variety of residential and non- residential uses, including mixed -use developments such as Planned Unit Developments. Con: The staff is concerned with the proposed design of the Conceptual Master Plan. The proposed plan terminates the furthest extent of the internal roadway network into a cul -de -sac. The length of the proposed street network terminating into a cul -de -sac exceeds LDC requirements and would require a deviation. Findings: Based on the staff's review, the proposed development would be in compliance with the Future Land Use EIement (FLUE) of the Growth Management Plan (GMP) for Collier County with the condition that the roadway network of the subject property interconnects to Bristol Pines PUD. 2. The existing land use pattern; Pro: The proposed density and development regulations have been deemed to be comparable to and compatible with surrounding development. Con: The petitioner has proposed slightly greater residential density and has proposed slightly taller height limits for residential structures than the approved adjoining residential developments. Findings: Staff believes that the petition provides adequate ameliorating factors to offset the adverse impacts from the proposed land uses, provided the required buffers are constructed. EXHIBIT "A" PUDZ- 2006 -AR -8997 BUTTONWOOD PRESERVE RPUD 13 Agenda Item No. 17G April 24, 2007 Page 21 of 174 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The proposed RPUD is located within the vicinity of other existing or approved but un -built projects which allow residential land uses. Therefore, the subject site will not create an isolated district. Con: The project does not provide a street interconnection to adjoining projects as encouraged by the GMP. Findings: The proposed Buttonwood Preserve RPUD is compatible with the adjoining residential land uses, if the recommended conditions were met. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The proposed district boundaries are logically drawn and they are consistent with the legal description of the subject property. Con: The project does not provide a street interconnection to adjoining projects as encouraged by the GMP. Findings: The proposed PUD district boundaries are logically drawn, and conform to the availability of undeveloped properties. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The immediate area has experienced a change of residential density from one residential dwelling unit per five acres to 2.48 through 3.78 dwelling units per acre. A possible 1,548 residential units have been approved for the three adjoining residential developments. The change in residential density has been made possible through the availability of existing and planned public service facilities. Con: The proposed petition was a voluntary action by the petitioner's selection of the subject property. This site requires the BCC to make a fending that the project is consistent with the goals and objectives of the GMP. Findings: The proposed Buttonwood Preserve RPUD is compatible with the Urban (Urban Mixed - Use District, Urban Residential Subdistrict) designation which permits a variety of residential unit types at a base density of four dwelling units per acre as identified in the FLUE of the GMP for Collier County. The proposed condition that the roadway network of the subject property interconnects to Bristol Pines PUD would enhance traffic circulation and public safety availability. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; PUDZ- 2006 -AR -8997 BUTTONWOOD PRESERVE. RPUD 14 Agenda Item No, 17G April 24. 2007 Page 22 of 174 Pro: No adverse impacts to nearby residential uses will result from the proposed RPUD rezoning. This RPUD rezoning will restrict the use of the property similar to the adjoining residential land uses including provisions for allowable buildable area, buffering, building height, exterior lighting restrictions, preservation guidelines, water management guidelines and permitted and prohibited land uses. The Buttonwood Preserve RPUD is consistent with these approved development standards. Con: The proposed Buttonwood Preserve RPUD could be perceived by neighboring residents to be the cause for generating noise, odor, building massing, and residential density which may be perceived to be out of scale with nearby residential land uses. Findings: The proposed Buttonwood Preserve RPUD is compatible with the Urban (Urban Mixed - Use District, Urban Residential Subdistrict) designation which permits a variety of residential unit types at a base density of four dwelling units per acre as identified in the FLUE of the GMP for Collier County, The proposed condition that the roadway network of the subject property interconnects to Bristol Pines PUD would enhance traffic circulation and public safety availability. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development or otherwise affect public safety. Pro: The Transportation Services Division has reviewed the proposed CPUD and has incorporated appropriate language into the CPUD document which renders the RPUD compatible with surrounding uses and the Transportation Element. No level of service impacts result from this project. The conceptual Master Plan proposes the dedication of right of way along Tree Farm Road. Therefore, the proposed CPUD will not excessively increase traffic congestion and is consistent with Policy 5.1 of the Transportation Element. Con: The Traffic Generation Report prepared for this zoning petition identified that the Average Annual Daily 'Traffic (AADT) was projected to be 1,552. This site development project may have a slight negative impact to the existing roadway. Findings: Staff believes the proposed condition that the roadway network of the subject property interconnects to Bristol Pines PUD would enhance traffic circulation and public safety availability. 8. Whether the proposed change will create a drainage problem; Pro: The project will be reviewed and approved subject to requirements of Collier County and the South Florida Water Management District. The RPUD document incorporates appropriate references to insure that no adverse drainage conditions will result from the proposed development and incorporates the criteria for incorporating PUDZ- 2006- AR- 8997BU'[TONWOOD PRESERVERPUn 15 Agenda Item No, 17G April 24, 2007 Page 23 of 174 incorporates appropriate references to insure that no adverse drainage conditions will result from the proposed development and incorporates the criteria for incorporating the storm water from a portion of the future improvement of Tree Farm Road into the subject properties proposed stormwater management system. Con: Urban intensification could potentially increase area -wide flooding in a severe rainfall event. Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub - surface drainage generated by developmental activities. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Pin: The proposed residential land uses, will be required to meet building setbacks and height restrictions. When meeting these requirements, light and air will not be reduced to adjacent properties. Con: The petitioner has proposed a greater residential density and has proposed taller height limits for residential structures than the approved adjoining residential developments. Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) and were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; Pro: Urban intensification typically increases the value of adjacent or underutilized land. Con: Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation or amendment may or may not affect value. Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property, and which can affect property values. However, staff is of the opinion that this petition could adversely affect property values based on the projects incompatibility to the Land Development Code and the adjoining property as identified previously. PUDZ- 2006 -AR -8997 BUTTONWOOD PRESERVE RPUD 16 Agenda Item No. 17G April 24, 2007 Page 24 of 174 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro /Con: Evaluation not applicable Findines: The basic premise underlying all of the development standards in the Land Development Code is that their sound application, when combined with the site development plan approval process and /or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro: The subject property is designated Urban (Urban - Mixed -Use, Urban Residential Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. The purpose of this subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. Con: The project does not provide a street interconnection to adjoining projects as encouraged by the GMP. Findines: The proposed rezone to RPUD is compliance with the Growth Management Plan with the conditions that have been identified, which is a public policy statement supporting zoning actions when they are consistent with said plans. In light of this fact the proposed RPUD would constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro: The property is located designated Urban (Urban Mixed - Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. This district is intended to accommodate a variety of residential and non- residential uses, including mixed -use developments such as Planned Unit Developments. Con: The property is presently undeveloped. The subject property could be developed within existing Rural Agricultural (A) zoning regulation. PUDZ- 2006 -AR -8997 BUTTONWOOD PRESERVE RPUD 17 Agenda Item No. 17G April 24, 2007 Page 25 of 174 Findinas: Staff believes the proposed condition that the roadway network of the subject property interconnects to Bristol Pines PUD would enhance traffic circulation and public safety availability. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The request is consistent with the GMP, and is therefore, within the needs of the community. Con: The adjoining properties have been developed within the limitations of the building height requirements of the individual residential planned unit development's zoning district regulations, which have a relatively low profile. Findings: Staff believes the proposed condition that the roadway network of the subject property interconnects to Bristol Pines PUD would enhance traffic circulation and public safety availability. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use? Pro /Con: Evaluation not applicable Findnias: There are many sites, which are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. Pro: Any development of this site would require considerable site alteration with the existing or the proposed zoning. Con: The configuration of the property and the limitations of accessibility for the use of portions of the subject property restrict the intended use and design for a residential development. Findings: Staff believes the proposed condition that the roadway network of the subject property interconnects to Bristol Pines PUD would enhance traffic circulation and public safety availability. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County PUDZ- 2006 -AR -8997 BUTTONWOOD PRESERVE RPUD 18 Agenda Item No. 17G April 24, 2007 Page 26 of 174 Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro /Con: Evaluation not applicable Findings: A multi - disciplined team responsible for reviewing jurisdictional elements of the GMP and the LDC public facilities requirements has reviewed this land use petition and found it consistent and in compliance for zoning approval. A final determination whether this project meets the full requirements of adequate public facilities specifications will be determined as part of the development approval process PUDZ- 2006 -AR -8997 BUTTONWOOD PRESERVE RPUD 19 Agenda Item No. 17G April 24, 2007 Page 27 of 174 FINDINGS FOR PUD PUDZ- 2006 -AR -8997 Section 10.03.05 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the RPUD Master Plans' compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: The property is located designated Urban (Urban Mixed - Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. This district is intended to accommodate a variety of residential and non- residential uses, including mixed -use developments such as Planned Unit Developments. Con: Staff believes that there is a need for the interconnect the local roadway networks for the enhance public safety. Findings: Staff believes the proposed condition that the roadway network of the subject property interconnects to Bristol Pines PUD would enhance traffic circulation and public safety availability. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro /Con: Evaluation not applicable Findings: Documents submitted with the Buttonwood Preserve RPUD application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). Pro: The applicant has identified in the "Statement of Compliance" that the Buttonwood Preserve RPUD will be compliant with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. Con: Staff believes that there is a need for the local roadway intercomnects to enhance public safety. EXHIBIT "B" PUDZ- 2006 -AR -8997 BUrrONWOOD PRESERVE RPUD 20 Agenda Item No. 17G April 24, 2007 Page 28 of 174 Findings: Staff believes the proposed condition that the roadway network of the subject property interconnects to Bristol Pines PUD would enhance traffic circulation and public safety availability. (See Staff Report). 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro: Staff analysis indicates that the RPUD is compatible, both internally and externally, with the proposed uses and with the existing surrounding uses. Con: None Findings: Staff analysis indicated that the petition is compatible, both internally and externally with the proposed uses and with the surrounding uses. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro: The RPUD document and conceptual master plan make specific provisions for open space and preservation areas consistent with the GMP and Land Development Code. Con: None Findings: Staff believes that the proposed conditions would aid in creating ameliorating elements which would offset the adverse impacts from the proposed land uses. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro /Con: Evaluation not applicable Findings: The proposed Buttonwood Preserve RPUD will not adversely impact the timing or sequence of development that is currently allowed in the area. Furthermore, the adopted concurency requirements ensure that further LOS degradation is not allowed or the LOS deficiency is corrected. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Pro /Con: Evaluation not applicable Findings: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property PUDZ- 2006 -AR -8997 BUTTONWOOD PRESERVE RPUD 21 Agenda Item No. 17G April 24, 2007 Page 29 of 174 relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. 8. Conformity with PUD regulations, or regulations in the particular case, based are ,justified as meeting public purposes application of such regulations. as to desirable modifications of such on determination that such modifications to a degree at least equivalent to literal Pro: Staff analysis indicates that the Buttonwood Preserve RPUD conforms to the PUD regulations. Con: Staff believes that there is a need for the local roadway interconnects to enhance public safety. Findings: Staff believes the proposed condition that the roadway network of the subject property interconnects to Bristol Pines PIJD would enhance traffic circulation and public safety availability. (See Staff Report). PUDZ - 2006 -AR -8997 BUTTONWOOD PRESERVE RPUD 22 Agenda Item No. 17G April 24, 2007 Page 30 of 174 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING +& LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 403 -2400 FAX (239) 643.6968 PETITION NO (AR) REV.3 PROJECT NAME PROJECT #200 060 PROJECT 112005060053 PROJECT NUMBER DATE: 10/13/06 DATE PROCESSED MICHAEL DERUNTZ ASSIGNED PLANNER NAME OF APPLICANT (S) ELIAS BROTHERS COMMUNITIES TWO INC. ADDRESS15100 COLLIER BOULEVARD CITY NAPLES STATE FLORIDA ZIP 34119 TELEPHONE # (239) 280 -3907 CELL # E -MAIL ADDRESS: FAX # (239) 354 -2611 NAME OF AGENT D WAYNE ARNOLD AICP - Q GRADY MINOR AND ASSOCIATES P A - ADDRESS 3800 VIA DEL REY CITY BONITA SPRINGS STATE FLORIDA ZIP 34134 TELEPHONE # 239 - 947 -1144 CELL # E -MAIL ADDRESS: WARNOLD )GRADYMINOR COM FAX # 239 - 947 -0375 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Application For Public Hca6ng For PUD Rezone 6/14104 Exhibit "C" Agenda Item No. 17G April 24, 2007 Complete the following for all Association(s) affiliated with this petition. Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION: N /A— NO HOMEOWNERS ASSOCIATIONS ARE AFFILIATED WITH THIS PETITION MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS NAME OF MASTER ASSOCIATION: MAILING ADDRESS NAME OF CIVIC ASSOCIATION: MAILING ADDRESS Application For Public Hearing rorPUD Rezone 6/14/04 CITY CITY CITY STATE ZIP, STATE ZIP STATE _ ZIP _ CITY _ _ STATE ZIP Agenda Item No. 17G April 24, 2007 a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of Ownership Elias Brothers Communities Two Inc. Folio # 00206240004 15100 Collier Boulevard Folio # 00205720004 Naples Florida 34119 -7713 Folio # 46675000253 Folio # 00206800606 Folio # 46675000305 Folio # 00205400007 Folio # 00206280006 100% C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Ownership d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general andlor limited partners. Application For Public Hearing for PUD Reconc 6/14/04 Agenda Item No. 17G April 24. 2007 Name and Address Percentage of Ownership Page 33 of 174 G. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: f. if any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired ® lease efn - of-lease 2004. and 2005 yrs. /mos. If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: or Anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of Interest form. Application For Public Hearing For PUD Rezmw 6114/04 Agenda Item No. 17G April 24, 2007 Detailed legal description of the Property covered by the application: (if space is inadequate, attach on separate page.) if request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre - application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section /Township /Range S351T48/R26 Lot: Block: Plat Book Page #: Subdivision: Property l.D. #:00206240004 00206800606 46675000305, 00205400007 00206280006 00205720004 AND 46675000253 Metes & Bounds Description: A PARCEL OF LAND LOCATED IN THE N 1/2 OF SECTION 35 TOWNSHIP 48 r ­­In an AO ant 1 nthM COMMENCE AT THE NORTHEAST CORNER OF THE NORTHEAST 114 OF SECTION 35 TOWNSHIP 48 SOUTH. RANGE 26 EAST COLLIER COUNTY FLORIDA' THENCE RUN SOUTH 89"57'27" WEST ALONG THE NORTH LINE OF THE NORTHEAST 114 OF THE NORTHEAST 1/4 OF SAID SECTION 35 FOR A DISTANCE OF 1321.78 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF HEREIN DESCRIBED THENCE RUN SOUTH 02 017'13" EAST, ALONG THE EAST LINE OF THE NORTHWEST 114 OF THE NORTHEAST 1/4 OF SAID SECTION 35 FOR A DISTANCE OF 639.17 FEET TO THE NORTHWEST CORNER OF TRACT FD10 OF VANDERBILT COUNTRY CLUB -2 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 32 AT PAGES 42 THROUGH 55 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA' THENCE. SOUTH 02 °1713" EAST ALONG THE WEST LINE OF SAID TRACT FD10 FOR A DISTANCE OF 669.14 FEET' TO THE SOUTHWEST CORNER OF SAID TRACT FD10• THENCE RUN SOUTH 89 °56'23" WEST ALONG THE NORTH LINE OF SAID TRACT FD10 A DISTANCE OF 1,322.09 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35' THENCE RUN NORTH 02 °16'23" WEST ALONG THE WEST LINE OF THE NORTHWEST 114 OF THE NORTHEAST 1/4 OF SAID SECTION 35 FOR A DISTANCE OF 66937 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST 114 OF THE NORTHEAST 1/4 OF SAID SECTION 35: THENCE RUN SOUTH 89 °54'32" WEST ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE NORTHEAST 114 OF THE NORTHWEST 114 OF SAID SECTION 35 FOR A DISTANCE OF 990.00 FEET TO THE SOUTHWEST CORNER OF THE EAST 112 OF THE NORTHWEST 114 OF THE NORTHEAST 114 OF THE NORTHWEST 1/4 OF SAID SECTION 35 THENCE RUN NORTH 02-18'34" WEST ALONG THE WEST LINE OF THE EAST 112 OF THE NORTHWEST 114 OF THE NORTHEAST 114 OF THE NORTHWEST 114 OF SAID SECTION 35 FOR A DISTANCE OF 640.15 FEET TO A POINT 30.00 FEET SOUTHERLY OF AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35 THENCE RUN NORTEH 89 °57'23" EAST PARALLEL WITH THE NORTH LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 114 OF SAID SECTION 35, FOR A DISTANCE OF 990.43 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 114 OF SAID SECTION 35 THENCE RUN NORTH 02 °16'23" WEST ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35 FOR A DISTANCE OF 30,06 FEET TO THE NORTHWEST CORNER Application For Public Henring For PUD Rezone 6/14/04 Ananrl. Ito. Ki., i7r THE POINT OF :BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED CO TAINING 55.119 ACRES MORE Size of property: ft. X ft. = Total Sq. Ft. Acres 55t Address /general location of subject property 3550 3710 3636 AND 3500 TREE FARM ROAD AND 1477 1480 AND 1446 DAVILA STREET THE SITE IS GENERALLY LOCATED SOUTH EAST OF IMMOKALEE ROAD AND COLLIER BOULEVARD INTERSECTION ON TREE FARM ROAD APPROXIMATELY 0.7 MILE EAST OF COLLIER BOULEVARD. PUD District (LDC 2.03.06) Zoning ® Residential ❑ Community Facilities ❑ Commercial ❑ Industrial Land use N RPUD WARM SPRINGS PUD (UNDEVELOPED) S PUD, A VANDERBILT COUNTRY CLUB SINGLE FAMILY RESIDENCE E A. PUD COMCAST CABLE VANDERBILT COUNTRY CLUB W RPUD, A BRISTOL PINES PUD (UNDEVELOPED) LANDSCAPE NURSERY Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (if space is inadequate, attach on separate page). NO Section /Township /Range Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: This application is requesting a rezone from the A zoning district(s) to the RPUD (RESIDENTIAL PLANNED UNIT DEVELOPMENT) zoning district(s). Present Use of the Property: UNDEVELOPED SINGLE FAMILY RESiDENTIAL AND LANDSCAPE NURSERY _ Proposed Use (or range of uses) of the property: SINGLE FAMILY AND MULTI FAMILY RESIDENTIAL Application For Public Hming For PUD Rcacne &14/04 original PUD Name: Agenda Item No. 17G Ordinance No.: April 24, 2007 Pnpe 56 of 174 Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD Rezone Considerations (LDC Section 10.02.13.13) The suitability of the area for the type and pattern of development proposed In relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The subject property is located in the Urban Mixed Use Residential Sub - district on the Future Land Use Map, which permits residential development at a density consistent with that proposed in the Buttonwood Preserve RPUD. Surrounding properties include currently undeveloped properties recently zoned for similar residential planned developments. These projects include the Bristol Pines RPUD and the Warm Springs RPUD. Property to the south is zoned Vanderbilt Country Club RPUD and is developed with multi - family dwellings and golf course. The site has been extensively altered from past usage for a variety of agricultural uses. The application materials provide an analysis of water, sewer, traffic and drainage and note no anticipated level of service issues as a result of the Buttonwood Preserve RPUD. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. The documents submitted with the application provide evidence of unified control by Elias Brothers Communities. The RPUD document includes standard language which addresses the continued operation and maintenance of common areas with the RPUD. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. The Statement of Compliance located in the RPUD document discusses consistency with the Collier County Growth Management Plan. Generally, the proposed residential project at a maximum density of four (4) dwelling units per acre is consistent with the density rating system of the Future Land Use Element of the Growth Management Plan. The preservation areas identified on the conceptual PUD master plan fulfill the native vegetation retention requirements of Policy 61 of the Conservation and Coastal Management Element of the Growth Management Plan. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Application For Public Hearing For PUD Rezone 6/14104 Agenda Item No. 17G The proposed residential development is compatible with the surrounding land use patt - 2007 internal arrangement of the proposed residential dwelling units, access points and proje t�U�f erg a�e4 consistent with the Land Development Code and sound planning principles. The adequacy of usable open space areas in existence and as proposed to serve the development. The Tree Farm Road RPUD will provide active and passive open space areas which meet or exceed the Land Development Code requirements for residential communities. 6 The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The proposed timing of development will be required to be consistent with the County's concurrency management system in effect at the time development order approvals are granted. At the time of application, there are no known deficiencies of the surrounding infrastructure system resulting from this project. 7. The ability of the subject property and of surrounding areas to accommodate expansion. At the filing date of the zoning application there are no plans to expand the boundaries of the proposed project. The subject site is surrounded by zoned and developed properties making an expansion impractical. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The proposed RPUD includes development standards and conditions which are consistent with other similar types of residential planned developments which have been constructed in the urban area of Collier County. Collier County staff has accepted similar standards for other residential communities located in the immediate vicinity of the Buttonwood Preserve RPUD. Application For Public Hearing For PUD Rezone 6/14104 Agenda Item No. 17G April 24, 2007 Pape 38 of 174 Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? ❑ Yes ® No If so, what was the nature of that hearing? NOTICE: This application will be considered 'open' when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply of six (6) months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re- opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency ". Further review of the project will be subject to the then current code. (LDC Section 10.03.05.0.) Application For Public Hearing For PUD Rezone 6114/04 Agenda Item No. 17G April 24, 2007 STATEMENT OF UTILITY PROVISIONS Page 39 of 174 FOR PUD REZONE REQUEST NAME OF APPLICANT (S) ELIAS BROTHERS COMMUNITIES INC ADDRESS 15100 COLLIER BOULEVARD CITYNAPLES STATE FLORIDA ZIP 34119 TELEPHONE # CELL # E -MAIL ADDRESS: ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 3550, 3710 3636 AND 3500 TREE FARM ROAD AND 1477 1480 AND 1446 DAVILA STREET Section /Township /Range 35/48/26 Lot: Block: Subdivision: Plat Book Page #: Property I.D. 9: 00206240004 00206800606 46675000305 00205400007 00206280006 00205720004 AND 46675000253 Metes & Bounds Description: A PARCEL OF LAND LOCATED IN THE N 112 OF SECTION 35 TOWNSHIP 48 .,nl BTU DAAInC in CA= nnl COMMENCE AT THE NORTHEAST CORNER OF THE NORTHEAST 114 OF SECTION 35 TOWNSHIP 48 SOUTH RANGE 26 EAST COLLIER COUNTY FLORIDA- THENCE RUN SOUTH 89. 57'27" WEST ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 114 OF SAID SECTION 35 FOR A DISTANCE OF 1321.78 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF HEREIN DESCRIBED THENCE RUN SOUTH 02 017'13" EAST ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 114 OF SAID SECTION 35 FOR A DISTANCE OF 639,17 FEET TO THE NORTHWEST CORNER OF TRACT FD1D OF VANDERBILT COUNTRY CLUB - ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 32 AT PAGES 42 THROUGH 55 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA; THENCE CONTINUE SOUTH 02 °17'13" EAST ALONG THE WEST LINE OF SAID TRACT FD10 FOR A DISTANCE OF 669.14 FEET TO THE SOUTHWEST CORNER OF SAID TRACT FD 10• THENCE RUN SOUTH 89 °56'23" WEST ALONG THE NORTH LINE OF SAID TRACT FD10 A DISTANCE OF 1.322.09 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE NORTHEAST 1l4 OF SAID SECTION 35' THENCE RUN NORTH 02 °16'23" WEST ALONG THE WEST LINE OF THE NORTHWEST /4 OF THE NORTHEAST 114 OF SAID SECTION 35 FOR A DISTANCE OF 669.37 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST 114 OF THE NORTHWEST 1/4 OF THE NORTHEAST 114 OF SAID SECTION 35' THENCE RUN SOUTH 89 054'32" WEST ALONG THE SOUTH LINE OF THE NORTH 112 OF THE NORTHEAST 1/4 OF THE NORTHWEST 114 OF SAID SECTION 35 FORA DISTANCE OF 990.00 FEET TO THE SOUTHWEST CORNER OF THE EAST 112 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35: THENCE RUN NORTH 02 018'34" WEST ALONG THE WEST LINE OF THE EAST 1/2 OF THE NORTHWEST 1/4 Application For Public flmiing For PUD Re =e 6/14/04 Agenda Item No. 17G STATEMENT OF UTILITY PROVISIONS - page 2 April 0 2007 Page 40 of 174 POINT 3000 FEET SOUTHERLY OF AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF THE NORTHEAST 114 OF THE NORTHWEST 114 OF SAID SECTION 35• THENCE RUN NORTH 89 °57'23" EAST PARALLEL WITH THE NORTH LINE OF THE NORTHEAST 114 OF THE NORTHWEST 114 OF SAID SECTION 35 FOR A DISTANCE OF 990.43 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST 114 OF THE NORTHEAST 1/4 OF SAID SECTION 35• THENCE RUN NORTH 02 °16'23" WEST ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35 FOR A DISTANCE OF 30.06 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST 114 OF SAID SECTION 35' THENCE RUN NORTH 89 °57'23" EAST ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35 FOR A DISTANCE OF 1,321.79 FEET THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED CONTAINING 55,119 ACRES MORE TYPE OF. rEWAGER�LS4�QSA1T (- .(3'.RO1/IDED, (Check applicable system): a. COUNTY UTILITY SYSTEM z b. CITY UTILITY SYSTEM ❑ c. FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME d. PACKAGE TREATMENT PLANT ❑ (GPD capacity) e. SEPTIC SYSTEM ❑ ::TYPE QOf WATf�t� 5EI2V�fE TL2 BE AROVIf)EQ = _ a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM ❑ c. FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME d. PRIVATE SYSTEM (WELL) ❑ TOTAL,PtJPULAi1�TN Tt? =BE SERVEQ;: 220 UNITS p`EAK AND gVERAGE DAIL.X DEMANDS_: A. WATER -PEAK 101.640 GPD AVERAGE DAILY 67,760 GPD B. SEWER -PEAK 79,200 GPD AVERAGE DAILY 52,800 GPD IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED 611/2006 IWkATWE STATEMENT:; Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. N /A. No on site sewage treatment proposed. Application For Public Ilcaring For PUD Rezone 6114/04 Agenda Item No. 17G STATEMENT OF UTILITY PROVISIONS — page 3 April 24, 2007 Page 41 of 174 Sf RM - If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. A :ARCxs.��E N! e_nul4MNa4,>,(_�r ur:rttJi!_r rtcttlV) WElitat�Nt30�[tl? FTS; Unfesswaived Or otherwise provided for at the pre - application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Application For Public Hearing For PUD Remnc 6 /14/04 Agenda Item No. 17G April 24, 2007 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET No. of Conies ® 24* ® 24* 1�/ - ® 2w ®1* ®4 ® CW ®4 ®7 ®4 ❑4 M 4 ❑4 ❑4 ®1 a Check here if not reauired Completed Application Pre - Application Meeting Notes Legible Conceptual Site Plan 24" X 36" Conceptual Site Plan 8 1/2" X 11" PUD Document and Master Plan 24" x 36" Master Plan Warranty Deed or Contract for Sale Owner /Agent Affidavit, signed & notarized Environmental Impact Statement or waiver Aerial Photos with Habitat Areas Identified Utility Provisions Statement with Sketches Traffic Impact Statement or waiver Historical Survey or waiver Architectural Rendering of Proposed Structures El ❑ ❑ Boundary Survey, no more than 6 months old (24" x36 ") ❑ Copies of State and/or Federal Permits 0 Affordable Housing Density Bonus Agreement, if applicable Electronic Copy of PUD Document & Plans 0 Copy of Letter notifying the U.S. Postal Service of project Addressing Checklist Required Fees One additional copy required If for Affordable Housing 0 As the authorized agentlapplicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal kage. I understand that failure to include all necessary sub itt information result in the slay of processing this petition. Annn4iAnn Hcant Rinna4url- Date Applicntion For Public Hearing For PUD Rezone 6114/04 BUTTONWOOD PRESERVE RPUD PROPERTY OWNER LIST Folio #00205720004: Elias Brothers Communities Two, Inc. 15100 Collier Boulevard Naples, Florida 34119 -7713 Folio #46675000253: Elias Brothers Communities Two, Inc. 15100 Collier Boulevard Naples, Florida 34119 -7713 Folio #00206240004: Elias Brothers Communities Two, Inc. 15100 Collier Boulevard Naples, Florida 34119 -7713 Folio #00206800606: Elias Brothers Communities Two, Inc. 15100 Collier Boulevard Naples, Florida 34119 -7713 Folio #46675000305: Elias Brothers Communities Two, Inc. 15100 Collier Boulevard Naples, Florida 34119 -7713 Folio #00205400007: Elias Brothers Communities Two, Inc. 15100 Collier Boulevard Naples, Florida 34119 -7713 Folio #00206280006: Elias Brothers Communities Two, Inc. 15100 Collier Boulevard Naples, Florida 34119 -7713 Agenda Item No. 17G April 24. 2007 Page 43 of 174 REV.2 PUDZ-2006 -AR -8997 PRodECT #2005060053 DATE: 4/18106 MICHAEL DERUNTZ Division of Corporations Florida Profit ELIAS BROTHERS COMMUNITIES TWO, INC. Document Number P03000058786 State FL Last Event AMENDMENT AND NAME CHANGE PRINCIPAL ADDRESS 15100 COLLIER BLVD. NAPLES FL 34119 Changed 04/20/2005 MAILING ADDRESS 15100 COLLIER BLVD. NAPLES FL 34119 Changed 04/20/2005 FEI Number 841644107 Status ACTIVE Event Date Filed 03/10/2004 Agenda Item N44o.1�1007QQG 40A PUDZ - 2006 -AR -8997 PROJECT 112005060053 DATE: 1/20/06 NUKE DERUNTZ Date Filed 05/28/2003 Effective Date NONE Event Effective Date NONE Officer /Director Detail Name & Address Title R 00 COLLIER BLVD. INAPLFSFL34119 00 COLLIER B P 1= 15100 COLLIER BLVD. 5100 COLLIER IER BLVD. � I I http: / /ccfcoil). dos.state. fl.us/ scripts /cordet.exe ?a1= DETFIL &nl = PO3000058786 &n2 =NA... 11/30/2005 Division of Corporations Annual Reports Report Year I Filed Date 2005 I Previous Filing I Return to List View Events View Name History Agenda Item No. 17G XI 24 2�%7 P WIP EEe xT F 1 ri �ng Document Images Listed below are the images available for this filing. 0400/2005 ANNUAL REMOICT 05/07/2004 - -ANN REP/CJNIFO WvI HI Js REP 03/10/299.4 Ame uent and �Nme Chn 11003 Domestic Profit THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT I'ttP://cefcolP.dos,state.fl.us/scripts/cordet,f,xe?al =DETFlL&nI=P0300005 8786&n2=NA... 11/30/200.5 NAPLES FL 34119 II I ALICE, MEIR 15100 COLLIER BOULEVARD VS NAPLES LES FL 34119 ALIAS, AVIEL 15 100 COLLIER BLVD. q NAPLES FL 34119 ALIAS, ILAN ISIGO COLLIER BLVD, NAPLES FL 34119 Annual Reports Report Year I Filed Date 2005 I Previous Filing I Return to List View Events View Name History Agenda Item No. 17G XI 24 2�%7 P WIP EEe xT F 1 ri �ng Document Images Listed below are the images available for this filing. 0400/2005 ANNUAL REMOICT 05/07/2004 - -ANN REP/CJNIFO WvI HI Js REP 03/10/299.4 Ame uent and �Nme Chn 11003 Domestic Profit THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT I'ttP://cefcolP.dos,state.fl.us/scripts/cordet,f,xe?al =DETFlL&nI=P0300005 8786&n2=NA... 11/30/200.5 2005 FOR PROFIT CORPORATION ANNUAL REPORT DOCUMENT# P03000058786 Entity Name: ELIAS BROTHERS COMMUNITIES TWO, INC. Current Principal Place of Business: 1500 COLLIER BLVD. NAPLES, FL 34119 Current Mailing Address: 1500 COLLIER BLVD. NAPLES, FL 34119 FEI Number. 84. 1644107 FEI Number Applied For ( I Name and Address of Current Registered Agent: ELIAS, OVADIA R 150D COLLIER BLVD. NAPLES, FL 34119 US Agenda Item No. 17G April 24, 2007 FILED Page 46 of 174 Apr 20, 2005 Secretary of State New Principal Place of Business: 15100 COLLIER BLVD. NAPLES, FL 34119 New Mailing Address: 15100 COLLIER BLVD. NAPLES, FL 34119 FEI Number Not Applicable O Certificate of Status Desired ( ) - — 'Name and Address of New Registered Agent: ELIAS, OVAOIA R 15100 COLLIER BLVD. NAPLES, FL 34119 US The above named entity submits this statementforthe purpose of changing its registered office or registered agent, or both, In the State of Florida. SIGNATURE: 04/20/2005 Electronic Signature of Registered Agent Date Election Campaign Financing Trust Fund Contribution ( ). OFFICERS AND DIRECTORS: ADDITIONSICHANGES TO OFFICERS AND DIRECTORS: Mile: DP ( ) Delete Title: P (X) Change O Addillon Name: ELIAS, OVADIA R Name: ELIAS, OVAOIA R Address: 15100 COLLIER BLVD. - Address: 15100 COLLIER BLVD. aty -St -Zip: NAPLES, FL 34119 City- St -Zlp: NAPLES, FL 34119 Mile: V ( ) Delete Title: O Change ( Addition Name: YITZHAK, RAHAMIM Name: Address: 15100 COLLIER BLVD. Address: City -Sl -Zip: NAPLES, FL 34119 City-St-Zip: Title: DVS ( ) Delete Title: VS (X) Change ( ) Addition Name: ALICE, MEIR Name: ALICE, MEIR Address: 15100 COLLIER BOULEVARD Address: 15100 COLLIER BOULEVARD City-S[-Zlp: NAPLES, FL 34119 City -,9t-Zip: NAPLES, FL 34119 Title: T ( ) Delete Title: ( ) Change ( )Addition Name: ALIAS, AVIEL Name: Address: 15100 COLLIER BLVD. Address: City- StZlp: NAPLES, FL 34119 Clly -St -Zip: Title: V ( )Delete Tllle: ( )Change ( )Addition Name: ALIAS, ILAN Name: Address: 15100 COLLIER BLVD. Address: City-St-Zip: NAPLES, FL 34119 - - .City -St -Zip: I hereby certify that the Information supplied with this filing does not qualify for the for the exemption stated in Section 119.07(3)(i), Florida Statutes. I further certify that the Information Indicated on this report or supplemental report Is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with an address, with all other like empowered. SIGNATURE: OVADIA ELIAS P 04/20/2005 Electronic Signature of Slgning Officer or Director Date Details Current Ownersh Agenda Item No. 17G April 4, 2007 Page 4 1 p117$rf 1 Owner Name BROTHERS COMM TWO INC Addresses 15100 COLLIER BLVD CI NAPLES State FL ZI 34119.7713 Legal 36 46 26 N712 OF S112 OF NW114 OF NE114 Section Township Ran e Arras Ma No. Strap No 35 d b8 � oc �1 ooba II 462535 029.0003836 I Sub No. 100 ACREAGE HEADER de 60 AGRICULTURAL . 2005 Preliminary Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was Created after the Final Tax Roll 103 Latest Sales History 12.6116 Data Book -Page Amount 03 / 200b $753 _ 1137 $ 1,600,000.00 10 / 1980 S57 -1597 $ 0.00 The Information is Updated Weekly. PUDZ- 2006 -AR -8997 PROJECT #2005060053 DATE: 1/20/06 MIKE DERUNTZ http: / /www. collierappraiser .con/RecordDetail.asp7FolioID= 0000000206240004 10/11 /2005 Details C Agenda Item No. 17G April ?4, 2 07 Page - 7Rf 1 Se361oe To hl Rannga M3B36o raE No. 48 4o98a 462635 636 I Sub No. 100 ACREAGE HEADER _ �L__° 7_67i0ago re �l "i7 60i age I 11 7 11 RET. HOMES 8 MISC. RESIDENCES 11 103 11 12.8115 2005 Preliminary Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Date Book - Page Amoun[ 12 2004 L MLD -1724 $ 7aa,000.00 0111009 11 2M$ ,181 S 53,500.00 Latest Sales History The Information is Updated Weekly. http:// www. collierappraiser .com/RecordDetail .asp ?FolioID = 0000000206800606 10/11/2005 Details Current Own Agenda Item No. 17G April 4 2Q07 Page NiOthRf1 3740 Section Townshig Range Acres Map No. Strap No. 36 48 —, 28 4.87 3835 1 383800 2 13835 Sub No. 383800 GREEN HERON ACRES `l) MI Is a Area F -B palim ise Code 7 I RET. HOMES 8 MISC. RESIDENCES 103 72.8115 2005 Preliminary Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History Date Book - Page Amount 02 / 2005 37_32= 348$ $ 500,000.00 09/1996 2226-499 $ 197,400.90 The Information Is Updated Weekly. http:// www. collierappraiser ,com/RecordDetail.asp ?FolioID= 0000046675000305 10/11/2005 Details Current Owns Agenda Item No. 1gq7gqG pj"AA 9 74 Legal 354826 S112 OF 5112 OF NW114 OF NE114 LESS W 30FT Sub No. 100 ACREAGE HEADER `� MW68fl Aim_ I "� Wage 'fit Use Coda 67 AGRICULTURAL 1R� -103 12.8116 2005 Final Tax Roll Latest Sales History (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value 9 $ 830,450.00 Date Book -Page Amount (r) Im roved Value $ 142,215.00 1012005 3908,892 $ 1,465,500.00 (�) Market Value $ 972;666:00 1212002 3181 -545 $ 0.00 ( -) SOH Exempt Value $ 778,121.00 0312002 249 $ 0.00 f -1 Assessed Value $ 194,644.00 0312002 2995- 2132 $ 0.00 -) Homestead and othor Exempt Value $ 25,000.00 (_) Taxable Value $ 169,544.00 SOH ='Save Our Homes" exempt value due to cap an assessment Increases. The Information Is Updated Weekly. http:// www. collierappraiser .com/RecordDctail .asp ?FolioID = 0000000206280006 12/5/2005 j P r$9srch. The Information Is Updated Weekly. http:// www. collierappraiser .com/RecordDctail .asp ?FolioID = 0000000206280006 12/5/2005 Details Agenda Item No. 17G April 24. 2007 Page 51 ol'ttt 1 of I Cu Owner Name ELIAS BROTHERS COMM TWO INC Addresses, 16100 COLLIER BLVD _ Cltyll NAPLES State FL Zi 34118 7713 Legal 3648 26 E112 OF NW1 /4 OF NE114 OF NW114 Sub No, 100 ACREAGE HEADER ``('1 Image Arse „'�Ja e • ll Use Cgs(@ 09 LNON- AGRICULTURALACREAGE 103 92.7013 2005 Final Tax Roll Latest Sales History (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land value - -$ 425,000.00 D Date Book - Page Amount (_) Market Value $ $ 425,000.0D 0 0512005 2802--3693 $ 0.00 - SOH Exempt Value $ $ 0.00 0 0711995 2076 - 626 $ I =) Assessed Value $ $ 426,000.00 $ 47,000.00 Hm Exempt Value $ 0.00 (_) Taxable Value $ 426,000.00 - -•- =ncinpt veiue auu to cap on assessment Increases. The Information is Updated Weekly. http:// Www. collieraDvraiser .com/RecordDetail.asi)?FofioID= 0000000205720004 1/5/2006 Details Agenda Item No. 17G April 24, 2007 Page 52 ofpap 1 of 1 Owner Narnall ELIAS BROTHERS COMMUNITIES Addressee TWO INC 15100 COLLIER BLVD Cityl NAPLES Statell FIL pR 34119 - 7713 Sub No. 383800 �I GREEN HERON ACRES ''0 IMi laoeAj ��f�Itage use Code 0 VACANT RESIDENTIAL 1D3 12.7013 2005 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History Data Book - Pa a Amount 11 12006 11 3932-3124 $ 1,100,000.00 0411998 11 2537 -2826 $60,000! The Information is Updated Weekly. littp:// www. collierappraiser .rom/RecordDetail .asp ?FolioID = 0000046675000253 1/5/2006 Details G y Current Ownersh Agenda Item No. 17G April 4, 2007 Page 9�117Qf 1 Sub No. IL 100 ACREAGE HEADER LgB- S.9.L1@ L_1�J SINGLE FAMILY RESIDE 2005 Preliminary Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll 103 Latest Sales History 12.8115 Land Value $ 1,164,544.00 D Date Book - page LW $ 1,061,111.00 1 $ 0.00 ;m) Assessed Value $ $ 379,479.00 1 1 _ g3- $ 200,000.00 l -) Homestead and other Exempt Value i x x �x nnn nn $ $ 0.00 L T xab'e Value SOH = "Saa Our Homas' exempt value due to cap on assessment increases. The Information is Updated Weekly, http:// www. collierappraiser .com/RecordDetail.asp ?FoliolD= 0000000205400007 10/11/2005 Y� 7bh Daeommf rreP••e4 eYt Defdnis P. Cronin, aeqquuSre- Porter, Wright, moms a Arthur, LLP 5801 Pelican Day Boulevard, Suite 30D Naples, Florida 34100 P.,unfo Nandsm 00205400007 Warranty Deed Agenda Item No, 17G April 24, 2007 Page 54 of 174 NCORDio 3517669 OR- R MR9689OPGp DTI, it 11/01/2001 it 01,27U D11I011 1. 1103, aIRI Cos 1131000.00 RIC Fall 11,50 W -JO 16311.00 RPCO: SINII A PI6011 1000 1 1AXIAXI 11 1201 XAP111 11 31102 This Indenture, Made Ode 30th dayof November , 2004 A.O., Charles G. Poach and Barbara Pooch, husband and Wife of ae ou.q or Collier Sues Brothers Conmunitiaa TWO, lass of the State of Florida w1.m.,ddoa4: 1500 Collier Boulevard, of d,e county of Collier Between , sus, or Florida , grantors, ,m Inc., a corporation existing under the Naples, FL 34119 stale of Florida , grantee, Wltnesseth m, rLeOw�Ni 'oas,rae.ad�awadmed.aarw,uo,ar ----------------------- _TEN. DOLLARS ($10) ----------------------- DOU.ARS, .nd adw good end vahable eowida.don w GRANTORS w h,od Paid by ORAWnE, d,. "sdpt wbeteof 4 hereby uemwledged, bava V=b:d, Wined end sold w de .Ad ORAITM ead'GRANR'.ES hob,, —o 000a Nd asiP s f*"" no foROwlq deeedhod WA dwaw, lywgaodbe1 gt.lhe Camty.f Collier sate of Florida to wit See 73rhibit "A" Subject to restriction any, and taxes subsege to of record, if as,d ft gtmnwn do hooey fully wunnt the dde'w add had, and wiD ddf .d the acne ,piosI lawful .ohm of an Posom wh.msaever. In Witness Whereof, dp g iows have beteaato ,et dM Wads .00 „e, the day and d'a, fast -be,- wfi k Signed, nested and detiveerreddIIn our premnee: (Seal) Printed Namer Charles G. Pooch Witness _ .... r.o.Ada<sss Road, us ....... t (Seal) Printed Name Z11, /L„ /5,.�(� Barbara Pooch Witness P.O. Addo s1:3500YroeFarm Ro.d, Naplet,FL34120 STATE OF COUNTY OF TM aegnins leemmes, wa, aaemMedi;W befota no thi, 30th dq of November , 2004 by Charles 0. Poach and Barbara Pooch, husband and wife wbo.pam%Dy e,wbohk- Prod- edterr U. S. SUSAN 1. Driver License aerdeo0flea-d—oo. �.,< _ �e�� NOTARY P--- STATE Of WA D Printed Namaf COMMISSIO Notary Public My Ce,ndssloaP,'P :JULY 0 PosCa am lasaruaen rnervwo-t Agenda Item No. 17G APM 24;2007 Page 55 of 174 OR; 3684 PG; 1132 *k* EXHIBIT "A" The North 30 feet of the West % less the West 100 feet and North 30 feet of the West 30 feet of the Northeast '' /a, Section 35, Township 48 South, Range 26 East, Collier County, Florida. AM The North 30 feet of the West 26, East, Collier County, FW T� Township 48 South, Range no nia VatPrtoninp Pawnee P. Cronin, require Porter, Wright, Morrie A Arthur, LLIP 5901 n Bey Boulevard, Suits 300 Naples, 71crid 34LOO Agenda Item No. 17G April 24, 2007 3517667 OR; 3689 PG; 1124 Page 56 of 174 RICORDID in OPPICIAL RICOIN of COLLAR CORTI, It 12/09/2001 At OL VA1 DIICRI 1. BROCI, CH91 COBS M000,00 RIC too 11. SO DOC-AD $201.00 onto: 5I650 1 MON 1000 R TAIIAII TI WI UPUS I1 11102 Peed m Number: 00206800606 Warranty Deed This indenture, Mededis 30th dayof - November , 2004 A.D., Between William Arthur Brady, a single sun and Rally Brady , a single woman of &. Coumy of Collier , Sub, of Florida , grantors, sad Elias Brothers Coamrmities Two, Inc., a corporation existing under the Saws of the State of Florida wbue add. 1, 1500 Collier Boulevard, Naples, FL 34119 of to Couwy of Collier sal. of Florida , grantee. Witnesseth owl "GRANTORS, for sad in wwldmdon ofne.um of ---------- -- - - -- --------TEN DOLLARS ($10) ------------ ----------- Dolv,R9, and olbr two cad Sahuble oeuldmdoo u GRANTORS in hint Paid by GRANTBB, the moeipl wbwwf is hveby ulmowledsed, have gtwted. Wepimd and wtd u da said GRANTEE and GRANTEES h6m, summm sod usigu foma, ae fot owiog demob] lard, Beale, IyLg.Mbdngblthe Coontyof Collier Suu of Florida 0wit See Exhibit -Ae. Subject to restriction any, and taxes elnbsegt is of record, if and the gnuoa do baeby adty w.trau the title to mld Lod, and w10 defaA the vov &plat awful CW= or aU penam wbaoeoorc . In Witness WhereoA*A pamm lave b to .al mob bench aed ,ma ma day and you Mt above wfl e S ed, "ad nV delivered to our prmaneer Printed Ham NamePWil} am Arthur Bra P Addse56: 121 R ,Napl L31 Printed Names k4l a K (Seal) Y Y witasa s P.O. Addma: STATE OF Florida COUNTY OF Collier rw fine{vieg fmmm,au ws, wlvowkdgtd beNn me thL 30th day .f November , 2004 by William Arthur Brady, a single men and Kelly Brady , a single woman wbouspeaaml¢ko mmnwwbo baveptmoced t&+ Florida driver I li 06 Idmdgc flud vav Pt, WRR WT,nT,o,vw Printed Name: D� IM F Cnm�iri obi Belo � "M Notary Public My C.M.Wion PapL . �'} BRA= OCR 4Yoxllnz 1k5 Or ft APA."IMS yo,wq,y a,am.le, tW (wwo.""' —Kw l i The North one -h quarter (NEI /4) County, Florida, Agenda Item No. 17G April 24. 2007 PO-Ve 57 of 174 ' OR; 3689 PG; 1125 *** co he o westam ( / ) of the Northeast 35, Townst 2b East, Collier ept the for road right -of -way. Agenda Item No. 17G April 24. 2007 Page 58 of 174 G 3739411 opt 3936 PGl 0668 (,Q— ehov 'hit tin. A", "1 WARRANTY MET) THIS WARRANTY DEED, made tile�°1 day of November, 2005, by Jennifer Creel, a single person, whose post office address is 5931 Standing Oaks Ln, Naples, FL 34119 (singularly or collectively "Grantor "), to Elias Brothers Communities Two, Inc., a Florida corporation, whose post office address is 15100 Collier Blvd, Naples, FL 34119 (singularly or collectively "Grantee "): (Wherever used herein, the terms "Grantor" and "Grantee" include all parties to this InstrumeN and the heirs, legal representatives and assigns of Individuals, and the successors and assigns of corporations) WITNESSETJI: That tho Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable Considerations, receipt of wldch is hereby acknowledged, hereby grants, bargains, sells, auens, remises, releases, conveys and confirms unto the Grantee; all that certain land situated In Collier County Florida, viz: The East Vz of Lire NWT/4 of the NFIA of the N WS4 of Section 35, Township 46 South, Range 26 East, Colder County, Paida. TOGETI-R3R with all the tenements, heredhaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, Lies `QI�dp�r rO \ T� AND, the Grantor hereby cov ak Ih said Grantee that Gra [or is lawfully seized of said land In fee simple; that the Grantor has good ri a ' t I an eon ey said land; that the Grantor hereby fully warrants the title to said land d 11 a Ihs name ag as[ de aw I claims of all persons whamsoever; and Vial said land is hee of all u an subsequent years, zoning and use restrictions imposed by gover ntaI a o y, r o 11 e en common to the subdivision, and outstaladng oil, gas and mitlesat int t o , f �•, IN WITNESS wrlhen has signed Signed. Scaled and Delivered as to Eacb Grantor In the Presene �! Wit, "B-N )I i1 2G tt esa Name: /= Ilia ¢ 2r de day and year first above Sete of Florida County of Collier qqwo. The foregoing Instrument was acknowledged before me th isat!- day of November, 2005 by Jemliter Creel, who (_] is personally known or [J() has produced a driver's license as Idendllcation. [Notary Seal +� ' 1�; "m fPNA Ngg. WrtttNaEkB a "LM 12*42 EXPIRES: 9,W � hfy j� MY t%MIN1881DD1 DD 7210{2 eW,7t E%PriREa:JWa.M eva,a iM rwryvwrouew,+.. Notary Public Printed Name: My Commission Expires: RICOROID to OIPICII1 RRCOROS of COLLAR C00877, PL Property Appraisar's 1111811009 at 10:3918 DRIG17 1. BROCI, C18RI Perwl ldeutifimfim No. - CORO 1100000,00 00205720004 RIC PII 10.00 lbh inslrumanl was prepared DOC•,10 84OD, 00 without opinion of Lida by RBtO: William J. Dempsey cheffy Pu msidoa - CR18P1 P19S70080 81 AL Wilson &Jobnaon, LLP 011 $71 AVI R 1801 821 Fifth Avenue South WHO PL 3{101 Noplaa, Florida 34102 (239) 2619300 (,Q— ehov 'hit tin. A", "1 WARRANTY MET) THIS WARRANTY DEED, made tile�°1 day of November, 2005, by Jennifer Creel, a single person, whose post office address is 5931 Standing Oaks Ln, Naples, FL 34119 (singularly or collectively "Grantor "), to Elias Brothers Communities Two, Inc., a Florida corporation, whose post office address is 15100 Collier Blvd, Naples, FL 34119 (singularly or collectively "Grantee "): (Wherever used herein, the terms "Grantor" and "Grantee" include all parties to this InstrumeN and the heirs, legal representatives and assigns of Individuals, and the successors and assigns of corporations) WITNESSETJI: That tho Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable Considerations, receipt of wldch is hereby acknowledged, hereby grants, bargains, sells, auens, remises, releases, conveys and confirms unto the Grantee; all that certain land situated In Collier County Florida, viz: The East Vz of Lire NWT/4 of the NFIA of the N WS4 of Section 35, Township 46 South, Range 26 East, Colder County, Paida. TOGETI-R3R with all the tenements, heredhaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, Lies `QI�dp�r rO \ T� AND, the Grantor hereby cov ak Ih said Grantee that Gra [or is lawfully seized of said land In fee simple; that the Grantor has good ri a ' t I an eon ey said land; that the Grantor hereby fully warrants the title to said land d 11 a Ihs name ag as[ de aw I claims of all persons whamsoever; and Vial said land is hee of all u an subsequent years, zoning and use restrictions imposed by gover ntaI a o y, r o 11 e en common to the subdivision, and outstaladng oil, gas and mitlesat int t o , f �•, IN WITNESS wrlhen has signed Signed. Scaled and Delivered as to Eacb Grantor In the Presene �! Wit, "B-N )I i1 2G tt esa Name: /= Ilia ¢ 2r de day and year first above Sete of Florida County of Collier qqwo. The foregoing Instrument was acknowledged before me th isat!- day of November, 2005 by Jemliter Creel, who (_] is personally known or [J() has produced a driver's license as Idendllcation. [Notary Seal +� ' 1�; "m fPNA Ngg. WrtttNaEkB a "LM 12*42 EXPIRES: 9,W � hfy j� MY t%MIN1881DD1 DD 7210{2 eW,7t E%PriREa:JWa.M eva,a iM rwryvwrouew,+.. Notary Public Printed Name: My Commission Expires: Agenda Item No. 17G April 24, 2007 Page 59 of 174 * ** 3736346 OR: 3932 PG: 3124 * ** Propony Apprataeh RBCORDIO 10 OITICIA1 RIC0RD8 of COLLIER COUNTY, rL Pascal ldendecatim No. 11121/2005 at 08:01AR OYIORT 1, BROCI, CaRN 46675000153 'Ihb instrument wee pmpmad CONE 1100000.00 without opinion of tide by RaC TBB 10.00 William J. Dempsey DOC -,70 7700.00 Cheesy Panwomo Aatl; Wilson & Johnson. UP CtlIfYY TASSIOONO BT AL B21 Fllth Avenue South 121 SIX ATJ 0 #201 Naplcs, Fierida 34102 RAPLIS 11 34102 (239)261-9300 WARRANTY THIS WARRANTY DEED, made the DEED ' i' day of November, 2005, by William Ryan, III and Bonnie A, Ryan, husband and wife, whose post office address Is 6061 Standing Oaks Ln., Naples, FL 34119 (singularly or collectively "Grantor"), to Elias Brothers Comnuntles Two, Inc., a Florida corporation, whose post office address Is 15100 Collier Blvd, Naples, FL 34119 ( siagularly or collectively "Grantee "): (Wherever used herein, the terms "Grantor" and "Grantee" include all parties to this Instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) WITNESSETH: That the Grantor, for and In concndaatlon of the sum of Ten Dollars ($10.00) and other valuable considerations, receipt of which is busby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situated in Collier County Florida, via: - Tract 1, of GREEN HERON ACRES, acmrding to dte plat thereof recorded in plat Book 22, Page 70, of the Public Records of Collier County, Florida, less and except the North 30 feet as described in Deed recorded In Official Records Book 3740, page 1086. TOGE'T'HER with all the tenements, heredltaments and appurtenances thereto belonging or in anywise appertaining. iR (C — TO HAVE AND TO HOLD, V fifee simple foreda?�, AND, the Grantor hereby a is s rB gmj at the an is lawfully seized of said land In fee simple; that the Grantor has good r ght d lavvtu y (ty to 11 and onv y said land; that the Grantor hereby filly warrants the title to said Ian c w claims of all persons whomsoever; and that said land Is free of all 1 f 6 subsequent years, zoning and use restrictions imposed by govcmm u a common to the subdivision, and outstanding oil, gas and mineral in of record, if any. JFyi IN WITNESS WHEREOF, has signed and a< presents the day earl year fast above written OF f,S Signed, Seated and Delivered as 21 -1 LING to Bgch Grantor the Presence of L {I /mess Name: Js �t,tntcru.d[,� �/ � (Se) William Ryan, I from Name: �/Y'.t {SJ�k.�(,�h .._ Bonnie A. Ryan Witness Name. State of Florida County of Collier The foregoing instrument was acknowledged before me this day of ovem , 2 S by William Ryan, III and Bonnie A. Ryan, who 1J are personally known or IX I ha prods drlver'a as identification INOWY Notary Public kal6iaN LYNN IItaikIC11 , . NQWy Pu*- abkcfFWW Printed Name: C011116nl BAaas Usell,20N _ .,..'. elmIT16 el00800Ata BaWedAnasa+l ift I,idi - My Commission Expires: This Instrument Prepared By and return to: Ross, Lanier, Deifik & Cliff, P.A. 599 9th Street N., H 300 Naples, Florida 34102 File No. 114450 Agenda Item No. 17G April 24, 2007 3714003 OR: 3908 j 6t98 X74 RECORDED in OFFICIAL RECORDS of 10/10/2005 at 11:00AR DRIOHF 1. Retn; SIESIT 6 PILOR 1000 1 TARIARI 4R 1201 WARRANTY DEED COLLIER COERTT, FL BROCI, CLERK CORE 1465500.00 Ric FIE 18150 DOC•.70 10258,50 This Warranty Deed made the 7� day of _U tl ' 2005, by Michael J. Egan and Doris Y. Egan, husband and wife, Individually and as Trustee of the Doris Y. Egan Revocable Trust Agreement and Doris Y. Egan and Michael J. Egan, husband and wife, individually, and as Trustees of the Michael J. Egan Revocable Trust Agreement, as to an undivided 'h interest and Katherine Stock, an unmarried person, as to an undivided K interest, as tenants In common, hereinafter called the Grantor, whose address is 2409 Ravenview Road, Timoniam, MD 21093 to Elias Brothers Communities Two, Inc., a Florida corporation , whose post office address is 15100 Collier Blvd, Naples, Florida 34119, hereinafter called the Grantee: (Whenever used herein the terns "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations). WITNESSETH: That the Grantor, for and considerations, receipt whereof is here c releases and transfers unto the Grante „aq tie The South 1/2 of the South, Range 26 East purposes. TOGETHER with all the appertaining. TO HAVE AND TO HOLD, Northwest 1/4 of lodda. and less the in fee simple of the sum of $10.00 and other valuable grants, bargains, sells, aliens, remises, td' ollicr County, Florida, viz: '/4, Section 35, Township 48 thereof for road right of way belonging or in anywise The Grantor hereby covenants vim' ' Grantehat Gmnto�6 � eized of said land in fee simple; that Grantor has good right and thor��t. to: sell and c ii(iy id land; that Grantor hereby fully warrants the title to said land and wi fi me a ams6 'W a I claims of all persons whomsoever; and that said land is free of all encumb gSpt F ivk d easements common to the subdivision, outstanding oil, gas, and mineral interests of re rt , and ad valorem real estate taxes for the current year. IN WITNESS WHEREOF, the said Grantor has hereunto set their hand and seal the day and year first above written. Signed, sealed and delivered in the presence o£ fitness Signature r I� Typed Name / imess Signatu t lsrti/ Mic el J. Egan, In ' 'wally, and as Trustee Dori . Egan, In ' idua y and as Trustee I Typed Name imess igna e Typed Name STATE OF ` COUNTY OF 1 HEREBY CERTIFY that on personally appeared Michael J. the Doris Y. Egan Revocable T individually, and as Trustees ¢ interest, who is personally kn°fi{v WITNESS hand and gffi 2005. Y. Egan,—liu nd Doris Y. Agenda Item No. 17G April 24, 2007 Page 61 of 174 OR; 3908 PG; 0893 * ** Katherine Stock ed to take acknowledgments, individually and as Trustee of tel J. Egan, husband and wife, :ement, as to an undivided %, identification. 6said this .3—day of aibtt Number is: �R mission Expires: 1� STATE OF COUNTY OF ' E�ct- 1HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared Katherine Stock; an unmarried person who is personally known to me or who has produced as identification. WI hand and official seal in the County and State last aforesaid this 3 day of '2005. — MAE MY COAIMISSI,Ou�NL677S{ amoEi¢t7 ter" W4VO4V0%n Notary Public Typed Name: My Commission Number is: - My Commission Expires: 2 This Instrument Prepared By: John Paulich III, Esq. Paulich Slack & Wolff, P.A. 5147 Castello Drive Naples, FL. 34103 Parcel I.D. Number(s): 46675000305 Agenda Item No. 17G April 24. 2007 Page 62 of 174 3557196 OR: 3732 PG; 3083 IBCOIaIa 10 011ICIAL IICaw of COL1111 mum, 1L 02/11/2001 at 01:02A1 slim I. BIOCI, 06111 call 900000.00 IIC Ili 11.50 aOC•.70 3900.00 IBtI: II1II3 1 P1141 1000 1 1AIIAII SI #201 IAPLII PL 34102 THIS WARRANTY DEED made the K� day of February, 2005, by RICHARD J. GREEN and BARBARA S. GREEN, husband and wife, hereinafter called the Grantor, to ELIAS BROTHERS whose postoffice address is: hereinafter called the Florida corporation WITNESSETHt Th tor, for and in s� er of the sum of $10.00 and other valuable considerations, receih eof is hereby ac hereby grants, bargains, sells, aliens, remises, releases, cone nfirms unto t ee, all that certain land situate in Collier County, Florida viz: Tract 2, GREEN HERON ACRES, according to the plat thereof as recorded in Plat Book 22, Page 70, of the Public Records of Collier County, Florida 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 taxes accruing subsequent to December 31, 2004; and subject to all easements, restrictions and reservations common to the subdivision. . Agenda Item No. 17G April 24, 2007 Page 63 of 174 * ** OR: 3732 PG: 3084 * ** In Witness Whereof, the said Grantorhas signed and sealed these presents the day and year first above written. Signed, sealed & delivered in our presence: Witnesg # 'Signature Ri and J. Gre nl f'FFJl i c %f Witnes Printed Name Witn s# Signature Barbara S. Green aV /X4cNI CAA/ Witness #2 Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instru en w aL e rid t is �= day ofFebruary, 2005, by Richard J. Green and Bar `tr� s a ad are personally known to me or O produced driver's lic as identification. `� � o .�yA DO- My Commission Expires: NANCY K. MacMILLAN MY COMMISSION ♦ OO 376775 ?a M1p� EXPIRES; February S, 2009 IEDDSt✓DiMY �r✓�'+Y tiec�AM�' Ca. This Deeuaanl Pnpseed Bp Donald X. Ross, Jr., Esqssire Rosa, Lattice, Deifik, 9 Cliff 599 Ninth etraet N., 0300 Naples, FL 34102 rowel ln Number: 00205400007 Warranty Deed Agenda Item No. 176 April 24, 2007 Page 64 of 174 6444 OR: 3753 PG: 1137 RBCORBBO in OFFICIAL RICORDS Of COLLIBR COMT, F1 0311512005 at 02122F1 BBIOBF B. BROCI, CUR[ COBB 1500000.00 RIC FIB 1650 DOC -.20 10500.00 Ritz: UNIT FILOI BF Al 1000 TxKrAXi TI R 1201 minis FL A112 $181 This Indenture, Made this 7th day of March , 2005 A.D.. Between Elisabeth T. Davila, a /)t/a Elizabeth T. Davila, a single person, of me county of Collier , I swm of Florida , grantors, and Elias Brothers Constastunities Two, Ina.r a Florida corporation, wlwae address is: 15100 Collier Blvd., Naples, A 34119 of the county of , State of , grantee. Witsesseth that the GRANTORS, forandintensidemlionaflesumor _____________ ___________ TEN D014LARS ($30)------- -- -------- - - - - -- DOLLARS, and ether good and veluabla enmidersion m GRANTORS in hand paid by GRANTEE, the rcodfat wherof is hereby acknowledged, have %wined, basgeinos and sold to the said GR IM!..E arW GRAWEBS he4,. successors and assigns foaevee, the Following desmbed land, sienna, lyingand being he the County of Collier State of Florida to wit The North 1/2 of the South 1/2 of t Northwest 1/4 of the Northeast 1/4, Section 35, Township 48 ye a e `i� \ East, Collier County, Florida. s � —� w.. - Subjeot to restricti and taxes subsequent of record, if any, PUDZ- 2006 -AR -8997 PROJECT #2005060053 DATE: 1/20/06 MIKE DERUNTZ and dsc gmoton do hereby fully wanent the tide to said land, and wfll eefead the some agatest lawful claims of ail peasant wtwmaoav - a+xr( e„ma,oppV/a,nmt nc, a%r heal....n... —,Lwna Warranty Deed , rage 2 Paredro Nanban 00205400007 Agenda Item No. 17G April 24, 2007 OR; 3753 PG; 1138Pjjj 65 of 174 In Witness Whereof, the gnnan have hereunto sa their hands and sends the day and year (an above written. Sig , sealed and delivered In our presence: �• � inted Na": 1 16f IrW —Elizabeth T. Davila, a /k /a Witnae■ Elizabeth T. Davila P.O. Address: 2625121h AMUSE, Neptes, FE2g117 Printed Witness (Seal) STATE OF Florida COUNTY OF collier The foregoing insw crt was acknowledged berme me this 7th day or March , 2005 by Elisabeth T. Davila, A /k /a Elizabeth T. Davila, a single person .ho is penenally kno. 111128A tux na,,,n.apyoon,igs>xmr, irc.. las suss hwasu so-a,M. Agenda Item No. 17G April 24, 2007 COVENANT OF UNIFIED CONTROL Page 66 of 174 ELIAS BROTHERS COMMUNITIES TWO, INC. The undersigned do hereby swear or affirm that they are the fee simple titleholders and owners of record of property commonly known as Folio Number 00206240004, 00206800606. 46676000305 . and legally described in Exhibit A attached hereto. The property described herein Is the subject of an application for planned unit development (PUD) zoning. We hereby designate 0. Grady Minor and Associates. P.A. legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control Is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or In part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated Into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the plghned unit development. -David W. Hall, General Counsel Printed Name State of Florida) County of Collier) f 7' / Sworn to (or affirmed) and subscribed before me this day of T?e? G rOr,'l 2005 by l/w ✓ r rX' 6.). �h'n (/ who is personally known to me or has produced as identificatiY"� NOTARY PUB1JCSTkTE OF FLORIDA blic *Joan E, Beckner ' ` • 6�� ✓�� commission � DD 14692.8 (Name typed, printed or stamped) Expires: SEp. 03, 2006 (Serial number, if any) n,)Acd Thru Wank 6ondirg Cn., lac. BUTTONWOOD PRESERVE RPUD EXHIBIT A LEGAL DESCRIPTION METES AND BOUNDS Agenda Item No. 17G April 24, 2007 Page 67 of 174 A PARCEL OF LAND LOCATED IN THE N 112 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHEAST 114 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 89 057'27" WEST ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 114 OF SAID SECTION 35, FOR A DISTANCE OF 1321.78 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF HEREIN DESCRIBED ;THENCE RUN SOUTH 02 01713" EAST, ALONG THE EAST LINE OF THE NORTHWEST 114 OF THE NORTHEAST 114 OF SAID SECTION 35, FOR A DISTANCE OF 639.17 FEET TO THE NORTHWEST CORNER OF TRACT FD10 OF VANDERBILT COUNTRY CLUB -2 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 32 AT PAGES 42 THROUGH 55 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE CONTINUE SOUTH 02 °17'13" EAST ALONG THE WEST LINE OF SAID TRACT FD10, FOR A DISTANCE OF 669.14 FEET; TO THE SOUTHWEST CORNER OF SAID TRACT FD10; THENCE RUN SOUTH 89 "56'23" WEST ALONG THE NORTH LINE OF SAID TRACT FD10, A DISTANCE OF 1,322.09 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35; THENCE RUN NORTH 02 °16'23" WEST ALONG THE WEST LINE OF THE NORTHWEST 114 OF THE NORTHEAST 114 OF SAID SECTION 35, FOR A DISTANCE OF 669.37 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35; THENCE RUN SOUTH 89 °54'32" WEST ALONG THE SOUTH LINE OF THE NORTH 112 OF THE NORTHEAST 1/4 OF THE NORTHWEST 114 OF SAID SECTION 35, FOR A DISTANCE OF 990.00 FEET TO THE SOUTHWEST CORNER OF THE EAST 1/2 OF THE NORTHWEST 114 OF THE NORTHEAST 1/4 OF THE NORTHWEST 114 OF SAID SECTION 35; THENCE RUN NORTH 02 °18'34" WEST ALONG THE WEST LINE OF THE EAST 1/2 OF THE NORTHWEST 114 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35 FOR A DISTANCE OF 640.15 FEET TO A POINT 30.00 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE RUN NORTH 89 °57'23" EAST, PARALLEL WITH THE NORTH LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35, FOR A DISTANCE OF 990.43 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35; THENCE RUN NORTH 02 °16'23" WEST, ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35, FOR A DISTANCE OF 30.06 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 35; THENCE RUN NORTH 89 057'23" EAST, ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 114 OF SAID SECTION 35, FOR A DISTANCE OF 1,321.79 FEET THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 55.119 ACRES, MORE OR LESS. Agenda Item No. 17G April 24, 2007 Page 68 of 174 PUDZ- 2006 -AR -8997 PROJECT 42005060053 DATE: 1/20/06 MIKE DERUNTZ COLLIER COUNTY WAIVER APPLIcArION FROM THE RFOUIRED HISTORICAL AN I) ARCHAEOLOGICAL SURVEY AND ASSESSMENT DATE SUBMITTED: PLANNER: Ray V Bellows, Zoning Manager PETITION NUMBER ASSOCIATED WITH THE WAIVER: (To Be Completed By Zoning and Land Development Review Staff) PROJECT NAME: Tree Farm Road RPUD LOCATION: (Common Description) Section 35 Township 48 South, Range 26 East Tree Farm Road: the site is e� nerally located south east of Immokalee Road and Collier Boulevard intersection on Tree Farm Road approximately 0.7 mile east of Collier SUMMARY OF WAIVER REQUEST: (Properties located within an area of Historical and Archaeological Probability but with a low potential for historical /archaeological sites may petition the Comnrunity Development & Envirotunental Services Administrator or his designee to waive the requirement for a Historical /Archaeological Survey and Assessment. Once the waiver application has been submitted, it shall be reviewed and acted upon within five (5) working days. The waiver request shall adequately demonstrate that the area has low potential for historicablarehaeologcal sites.) HIStO& PmAmation'Fomn /1130 04 1 SECTION ONE: APPLICANT AND PROPERTY OWNERSHIP DATA A. W Agenda Item No, 17G April 24, 2007 Page 69 of 174 Name of applicant (s) (if other than property owner, state relationship such as option holder, contract purchaser, lessee, trustee, etc.): Elias Brothers Communities Two Inc Mailing Address: 15100 Collier Boulevard, Naples. Florda 34119 Phone: 239-280-3907 FAX: 239-354-2611 Name of agent(s) for applicant, if any: D. Wayne Arnold Mailing Address: Q. Grady Minor and Associates. P.A., 3800 Via Del Rev. Bonita Springs, Florida 34134 Phone: (239) 947 -1144 FAX: 239- 947 -0375 Name of owner(s) of property: Elias Brothers Communities Two, Inc. Mailing Address: 15100 Collier Boulevard Naples Florida 34119 Phone: 239-280-3907 FAX: 239-354-2611 * *Please see zoning authorization (copy attached) Note: If names in answers to A and /or B are different than name in C, notarized letters) of authorization from property owner (C) tmast be attached. SECTION TWO: SUBJECT PROPERTY DATA (Attach copy of the plat book page (obtainable from Clerk's Office at the original scale) with subject property clearly marked.) A. Legal description of subject property. Answer only 1 or 2, as applicable. 1. Within platted subdivision, recorded in official PIat Books of Collier County. Subdivision Name: Plat Book Section Hismric I'maervafioNFonnm'11;30,giy Page Unit Block Lot Township Range Agenda Item No. 17G April 24, 2007 Page 70 of 174 2. If not in platted subdivision, a complete legal description must be attached which is sufficiently detailed so as to locate said property on County maps or aerial photographs. The legal description must include the Section, Township and Range. If the applicant includes multiple contiguous parcels, the legal description may describe the perimeter boundary of the total area, and need not describe each individual parcel, except where different zoning requests are made on individual parcels. A boundary sketch is also required. Collier County has the right to reject any legal description, which is not sufficiently detailed so as to locate said property, and may require a certified survey or boundary sketch to be submitted. B. Property dimensions: Area: square feet, or 55± acres Width along roadway: 2,311 ± feet along Tree Farm Road _ Depth: 1.338± feet C. Present use of property: Undeveloped, Single family residence and landscape nursery D. Present zoning classification: A, _Awiculture — SECTION THREE: WAIVER CRITERIA Note: This provision is to cover instances in which it is obvious that any archaeological or historic resource that may have existed has been destroyed. Examples would be evidence that it mayor building has been constructed on the site or that an area has been excavated as a quarry. The Community Development & F.,nviroranental Services Administrator may seek counsel of the chairman of the Historic and Archaeological Preservation Board when it is not completely evident that the site is without archaeological or historic value. A. Waiver Request Justification. 1. Interpretation of Aerial Photograph Aerial photograph demonstrates that the subject property has been altered through development of single - family residence and landscape nursery. Surrounding properties are undeveloped. 2. Historical Land Use Description: The property has been utilized for agriculture uses for over 20± years 3. Land, cover, forination and vegetation description: Single family residence, landscape nursery and heavily wooded. 4. Other: The site is not located within an area identified as having potential archeolo ig cal significance I- Iimoric Pr�ervatioiLTonnJ I I!AOJM Agenda Item No. 17G April 24, 2007 Page 71 of 174 B. The Community Development & Environmental Services Administrator or his designee may deny a waiver, grant the waiver, or grant the waiver with conditions. The official decision regarding the waiver request shall be provided to the applicant in writing. In the event of a denial of the waiver request, written notice shall be provided stating the reasons for such denial. Any party aggrieved by a decision of the Community Development & Environmental Services Administrator or his designee regarding a waiver request may appeal to the Preservation Board. Any party aggrieved by a decision of the Preservation Board regarding a waiver request may appeal that decision to the Board of County Commissioners. SECTION FOUR: CERTIFICATION A. The applicant shall be responsible for the accuracy and completeness of this application. Any time delays or additional expenses necessitated due to the submittal of inaccurate or incomplete information shall be the responsibility of the applicant. B. All information submitted with the application becomes a part of die public record and shall be a permanent part of the file. C. All attachments and exhibits submitted shall be of a size that will fit or conveniently fold to fit into a legal size (8 ' /2" x 14 ") folder. Signature of Applicant •Agent Printed Name of Applicant or Agent -TO BE COMPLETED BY THE COMMUNITY DEVELOPMENT SERVICES DIVISION- SECTION FIVE: NOTICE OF DECISION The Community Development & Environmental Services Administrator or designee has made the following determination: 1. Approved on: .J 1/07 By: ------- ZoNr ANA4� -f' — 2. Approved with Conditions on: By: (see attached) 3. Denied on: By; (see attached) Historic Pmsemntiur✓Farn is/ 11:301W Agenda Item No. 17G April 24, 2007 Page 72 of 174 BUTTONWOOD PRESERVE RPUD DEVIATIONS FROM THE LDC A. Street right -of -way width The developer requests a reduction in the width of a local roadway right -of- way from sixty feet (60') as shown in Appendix B of the LDC to fifty feet (50'). This deviation has been previously approved by Staff and the Board of County Commissioners for similar residential projects. The proposed fifty foot right -of -way is adequate to provide for travel lanes, utilities and sidewalk. The reduced width will provide the developer with additional flexibility in designing the site in a manner that will result in greater open space, without sacrificing any health safety or welfare considerations. B. Dead end streets From LDC Section 6.06.01, which establishes a maximum cul -de -sac length of one thousand (1,000) feet, to permit a cul -de -sac within the Buttonwood Presence RPUD to have a cul -de -sac greater than one thousand (1,000) feet. This deviation will permit the developer to construct the project consistent with the conceptual master plan. The cul -de -sac shown on the plan is a more efficient and economical approach to infrastructure provision within the project. Appropriate turning radii for emergency vehicles has been provided at the terminus of the project. TFRPUD- Devlaflons.doc :\( } =t CL « � O _2 2 O & � « � 2 O_ w « U O -j .| . . . , • �` � � \ / § , , s / § � '| || )` ■ �� a _� � - ' � ■| gig CL « � O _2 2 O & � « � 2 O_ w « U O -j fi4 ' Q�I C1 X t R ? _ X7M r r s a.r -ate . _ Irk ti .tea i 1 �ti ; MI J bp �� FirJ 6r:�11 Gwi�.yl y9��� {• �• � '�'✓ -t, �(� 'i}�ry_ ■��V �1: A" _I ���- -..�,` �'!�'� �` I Pry -. Agenda Item No. 17G April 24, 2007 Page 75 of 174 Agenda Item No. 17G April 24, 2007 Page 76 of 174 REV. 3 PUDZ - 2006 -AR -8997 PROJECT #2005060053 DATE: 10/13/06 MICHAEL DERUNTZ BUTTONWOOD PRESERVE PUD COLLIER COUNTY ENVIRONMENTAL IMPACT STATEMENT October 2005 Revised April 2006 Revised August 2006 Prepared For: Elias Brothers Communities 15100 Collier Boulevard Naples, Florida 34119 (239) 354 -2080 Prepared By: Passarella and Associates, Inc. 9110 College Pointe Court Fort Myers, Florida 33919 (239) 274 -0067 Project No. 05ARM 1271 Exhibit "E" TABLE OF CONTENTS Agenda Item No. 17G April 24, 2007 Page 77 of 174 Page Introduction...................................................................................................... ..............................1 10.02.02 (A) 4. Information Required for Application ............................... ..............................1 a. Applicant Information .......................................................................... ..............................I b. Mapping and Support Graphics ........................................................... ..............................1 c. Project Description and GMP Consistency Determination .................. ..............................5 d. Native Vegetation Preservation ...............................:........................... ..............................8 e. Wetlands .............................................................................................. .............................13 f. Surface and Groundwater Management ............................................... .............................16 g. Listed Species ...................................................................................... .............................17 h. Other .................................................................................................... .............................23 References................ ............................... ......................................................... .............................25 i LIST OF FIGURES Agenda Item No. 17G April 24, 2007 Page 78 of 174 Page Figure 1. Project Location Map ............................................................... ..............................2 ii Agenda Item No. 17G April 24, 2007 Page 79 of 174 LIST OF TABLES Page Table 1. Habitat/FLUCFCS Types and Acreages .................................. ..............................3 Table 2. Native Vegetation Habitat Types and Acreages ..................... ..............................I 1 Table 3. SFWMD /Collier County Wetlands .......................................... .............................13 Table 4. Listed Wildlife That Could Potentially Occur ......................... .............................18 Table 5. Listed Plant Species That Could Potentially Occur ................. .............................20 iii LIST OF EXHIBITS Exhibit1. Resumes ............................................... ............................... Exhibit 2. Aerial with FLUCFCS and Wetlands Map ............................. Exhibit 3. FLUCFCS and Wetlands Map ........................ ............................... Exhibit 4. Topographic Map with Existing Drainage Patterns ....................... Exhibit5. Soils Map ........................................................ ............................... Exhibit 6. Proposed Drainage Plan ................................ ............................... Exhibit 7. Proposed Site Plan ..... ............................... Agenda Item No. 17G April 24, 2007 Page 80 of 174 Page ,....2 -1 ....,.....4 -1 5 -1 ..............6 -1 .......................... 7 -1 Exhibit 8. Off -Site Preserve Interface Exhibit .......................................... ............................8 -1 Exhibit 9. Project Location with Land Use Designations Map ................ ............................9 -1 Exhibit 10. Native Vegetation Map ....................................................... ............................... 10-1 Exhibit 11. Native Vegetation Preserve and impact Map ...................... ............................... 11 -1 Exhibit 12. Listed Species Survey ......................................................... ............................... 12-1 Exhibit 13. Wetland Impact Map ........................................................... ............................... 13 -1 Exhibit 14. Upland/Wetland Preserve Map ........................................... ............................... 14 -1 iv Agenda Item No, 17G April 24, 2007 Page 81 of 174 LIST OF EXHIBITS (continued) Paee Exhibit 15. Correspondence from the Florida Department of State ...... ............................... 15 -1 Exhibit 16. UMAM Analysis Exhibit 17. Phase I Environmental Site Assessment......... VA .............. 16 -1 ........ 17 -1 Agenda Item No. 17G April 24, 2007 Page 82 of 174 INTRODUCTION This report represents the Collier County Environmental Impact Statement (EIS) for the Buttonwood Preserve PUD (Project). This EIS has been prepared in accordance with Chapter 10.02.02 (A) 4. of the Collier County Land Development Code (LDC) (October 30, 1991, as amended February 27, 2004). 10.02.02(A)4. INFORMATION REQUIRED FOR APPLICATION a. Applicant Information. i, Responsible person who wrote the F.IS and his/her education and job related environmental experience. Flena Mandia Hoffman and Alicia Kruse, Passarella and Associates, Inc. (PAI) Consulting Ecologists. A copy of Mrs. Hoffman and Ms, Kruse's resume is enclosed as Exhibit 1. ii. Owner(s) agent(s) name, address, phone number & e -mail address. Owner: Elias Brothers Communities at Buttonwood Preserve, Inc. 15100 Collier Boulevard Naples, Florida 34119 Phone: (239) 354 -2080 Fax: (239) 354 -2611 Agent: Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 33923 Phone: (239) 947 -1144 Fax: (239) 947 -0375 mdclate@gradyminor.com b. Mapping and Support Graphics i. General location map. A Project location map is provided as Figure 1. FIGURE 1 TREE JTeM No. Page 83 of 174 B 0 5 N WEI BLVD PASSARELLA and ASSOCIATES. INC. PROJECT LOCATION MAP Consulting Ecologists BUTTONWOOD PRESERVE PUD DRAWN BY: D.B. DATE: 2/11/D5 Agenda Item No. 17G April 24. 2007 Page 84 of 174 ii. Native habitats and their boundaries shall be identified on an aerial photograph of the site extending at least two hundred (200) feet outside the parcel boundary. This does not mean the applicant is required to go onto adjoining properties. Habitat identification consistent with the Florida Department of Transportation - Florida Land Use Cover and Forms Classification System (FLUCFCS) shall be depicted on an aerial photograph having a scale of one inch equal to at least 200 feet when available from the count. Other scale aerials may be used where appropriate for the size of the Project, provided the photograph and overlays are legible at the scale provided. A legend for each of the FLUCFCS categories found on -site shall be included on the aerial. The vegetation associations and land uses were mapped utilizing the FLUCFCS Levels III and IV (Florida Department of Transportation 1999). Level IV was used to denote exotic infestations, anthropogenic disturbances, and hydrological conditions. An aerial photograph with FLUCFCS mapping extending at least two hundred feet outside the Project boundary is enclosed as Exhibit 2. A FLUCFCS and wetlands snap of the property is provided as Exhibit 3, and an acreage breakdown of the habitat types on the Project site is provided in Table 1. Table 1. Habitat/FLUCFCS Types and Acreages FLUCFCS Code Habitat Acreage Percent of Total Sin le -Famil Residential 5.65 10.4 Wholesale Sales and Services 5.38 99 Tree Nurser /Ornamentals 2.87 5.3 V3219M Horse Farm 6.75 t2.5 Palmetto Prairie, Disturbed (0 - 24% Exotics) 0.55 1.0 Pine Flatwoods, Disturbed (0 - 24% Exotics 2.64 4.9 41 19 E2 Pine Flatwoods, Disturbed (25 - 49% Exotics) 0.28 0.5 4159 Pine, Disturbed 2.29 4.2 4159 El Pine, Disturbed (0 - 24 %u Exotics) 2.30 4.2 4159 E2 Pine, Disturbed (25 - 49 % Exotics) .7 4159 E3 Pine, Disturbed (50 - 75% Exo(ics) .0 514 Ditch 0.0 525 Shallow Pond %4.948.9 0.8 6249 E1 Pine /C ress, Disturbed (0 - 24% Exotics) 6249 E2 Pine /C ress, Disturbed (25 - 49% Exotics) 1.4 6249 E3 Pine /C ress, Disturbed (50 - 75% Exotics) 1.5 6259 E2 H dric Pine, Disturbed (25 - 49% Exotics) 3.68 6.8 740 Disturbed Land 6.43 11.9 814 Road 1.57 2.9 TOTAL 54.21 100.0 Agenda Item No. 17G April 24, 2007 Page 85 of 174 iii. Topographic map and existing drainage patterns if applicable. Where possible, elevations within each of FLUCFCS categories shall be provided. A topographic map with existing drainage patterns is enclosed as Exhibit 4. iv. Soils map at scale consistent with that used for Florida Department of Transportation - Florida Land Use Cover and Forms Classification System determinations, According to the Collier County Soils Map, the following soil types are found on the property: Holopaw Fine Sand, Limestone Substratum, Hydric (Soil Map Unit 2); Oldsmar Fine Sand, Non- hydric (Soil Map Unit 16); and Riviera Fine Sand, Limestone Substratum, Hydric (Soil Map Unit 18). A soils map is attached as Exhibit 5. V. Proposed drainage plan indicating basic flow patterns, outfall and off -site drainage. Please see the Proposed Drainage Plan enclosed as Exhibit 6. vi. Development plan including phasing program, service area of existing and proposed public facilities, and existing and proposed transportation network in the impact area. Please see the Project Site Plan enclosed as Exhibit 7. vii. Site plan showing preserves on -site, and how they align with preserves on adjoining and neighboring properties. Include on the plan locations of proposed and existing development, roads, and areas for stormwater retention, as shown on approved master plans for these sites, as well as public owned conservations lands, conservation acquisition area, major flowways and potential wildlife corridors. Please see the Off -site Preserve Interface Exhibit enclosed as Exhibit 8. viii. For properties in the RLSA and RFMU Districts, a site plan showing the location of the site, and land use designations and overlays as identified in the Growth Management Plan. Please see the Project Location with Land Use Designations Map enclosed as Exhibit 9. The Project lies within the Urban Residential Subdistrict designation on the Future Land Use Map. The Project does not lie within the RLSA or RFMU Districts. M Agenda Item No. 17G April 24, 2007 Page 86 of 174 C. Project Description and Growth Management Plan (GMP) Consistency Determination i, Provide an overall description of the project with respect to environmental and water management issues. The Project is 54.21±acres and is located in Section 35, Township 48 South, Range 26 East, Collier County, Florida (Figure 1). More specifically, the parcel is south of Immokalee Road; north of Danbury Boulevard; east of County Road 951 (C.R. 951); and west of Gleneaglc Way. The surrounding land uses consist of vacant land to the north; Vanderbilt Country Club to the south; single - family residential homes and Bristol Pines residential construction to the west; and Vanderbilt Country Club, broadcasting antennas, and open land to the east. A 1" = 200' scale aerial of the Project site is attached as Exhibit 2. The parcel consists of an active tree nursery; horse farm; residential homes; undeveloped, pine and cypress dominated forested wetlands with varying levels of exotic infestation; forested upland pine habitat with varying levels of exotic infestation; palmetto prairie; ditch; shallow pond; disturbed land; and roads. The majority of impacts for development are limited to existing developed areas, uplands, and lower quality wetlands with disturbed hydrology and varying levels of exotic infestation on the site. Preserve areas include cypress and pine dominated wetlands and upland pine and palmetto habitat. Preserve areas will be enhanced through exotic removal, Disturbed land will be enhanced through supplemental plantings of native vegetation. The proposed Project includes a single- family and multi - family residential development with a clubhouse, associated amenities, surface water management, park area, and preserves. Of the 54.21± acres on the Project site, 46.40± acres are considered habitats with native vegetation present (Exhibit 10). Green Heron Landscape's Nursery Site Development Plan approved 4.81± acres of clearing and Collier County Permit History Reports for the three residential areas on the property approved 1.0± acre of clearing for each home. A total of 7.81± acres of legally cleared areas are not counted toward native preservation. All other cleared areas are considered as native because permits could not be found for the clearing. Cleared areas included in the native preservation calculation include tree nursery, horse farm, shallow pond, disturbed land, road, and portions of single - family residential and wholesale sales and services. Of the 46.40± acres of native vegetation, 11.38± acres (24.5 percent) will be retained, 0.72± acres will be re- created, and an additional 1.12± acres wilt be preserved; however, are not counted towards native preservation due to size and configuration (Exhibit 11). The site contains 10.10± acres of South Florida Water Management District (SFWMD) wetlands and 0.47-_* acre "other surface waters," The level of exotics found within the wetlands range from relatively exotic free habitats to heavy infestation of melaleuca (Melaleuca quinquenervia). 5 Agenda Item No. 17G April 24, 2007 Page 87 of 174 A listed species survey was conducted on the property on February 8,2005; May 18, 2005; June 14, 16, and 17, 2005; July 26, 2005; September 13, 2005; March 17, 2006; and July 18, 2006 by PAL The survey methodology and results are provided in Exhibit 12. During the surveys, one Collier County protected species was identified on the Project site. One inactive gopher tortoise (Gopherus Polyphemus) burrow and seven unidentified stick nests were observed; however, an updated survey conducted on July 18, 2006 revealed the gopher tortoise borrow was abandoned. Collier County Environmental Services staff stated that they observed two Big Cypress fox squirrels on the site on February 15, 2006. The construction of the Project will result in wetland impacts to 1.12± acres of on- site SFWMD wetlands. The wetland impacts are limited to the lower quality wetlands with disturbed hydrology on -site. The wetlands that will be impacted by the proposed development plan are currently degraded as a result of infestation by melaleuca, an invasive exotic plant. A wetland impact map is shown as Exhibit 13. The water management system will consist of a series of inlets and drainage pipes connected to three lakes (Exhibit 10). The lakes will provide water quality attenuation and treatment prior to discharge to the adjoining preserved wetlands. This discharge should provide re- hydration to the wetlands, which have been adversely affected by the construction of the C.R. 951 canal in the 1960's. After flowing through the wetlands, the runoff will be collected in an inlet and will be conveyed in a drainage pipe ultimately discharging to the C.R. 951 canal. Discharge from the site will be limited to Collier County Ordinance 90 -10 (as amended). Historically, drainage flow across the site is from the northeast to the southwest, though the amount of above ground flow was limited to extreme rain events for short duration. This overland flow ceased at the time of the construction of the C.R. 951 canal and further by the construction of Tree Farm Road. There are no off -site flows coming in to the site now. A total of 8.98± acres of wetlands and 4.24± acres of uplands will be enhanced and preserved (Exhibit 14). The exotic and nuisance vegetation to be removed includes, but is not limited to, melaleuca, Brazilian pepper (Schinus terebinthifolius), Australian pine (Casuarian cunninghamiana), downy rose - myrtle (Rhodomyrtus tomentosus), and cattails (Typha latifolia). Exotic vegetation removal will include hand removal of exotics. In general, the exotics will be treated in place with an appropriate herbicide and left standing; or exotics will be cut, the cut vegetation will be removed or stacked in place, and the remaining stumps treated with an appropriate herbicide. Disturbed land will be enhanced through supplemental plantings of native vegetation. ti. Explain how the project is consistent with each of the Objectives and Policies in the Conservation and Coastal Management Element of the Growth Management Plan, where applicable. 3 Agenda Item No. 17G April 24, 2007 Page 88 of 174 Objective 2.2 of the Conservation and Coastal Management Plan states: "All canals, rivers, and flow -ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards. " To accomplish that, Policy 2.2.2 states: "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system." This Project is consistent with the objectives of Policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing lakes to provide water quality retention and peak flow attenuation during storm events. The Project as proposed is consistent with the Policies in Objectives 6.1 and 6.2 of the Conservation and Coastal Management Element, for the following reasons: • A total of 13.22± acres (24.4 percent) of the site will be retained and set aside as preserve areas with conservation easements prohibiting further development. Of the 46.40± acres of existing native vegetation and cleared areas considered native on the site (Exhibit 10), 1 1.38± acres (24.5 percent) will be retained and 0.72± acre will be re- created through supplemental plantings to meet the additional required acreage (Exhibit 11). In addition, 1.12± acres will be preserved; however, will not be included towards native preservation clue to size and configuration. The preserve areas will be enhanced through exotic vegetation removal. Selection of preservation areas is consistent with the criteria listed in Policy 6.1.1. • hl accordance with Policy 6.1.3, habitat management and exotic vegetation removal /maintenance plans will be required at the time of Site Development Plan /Construction Plan submittal. Preserve areas shall be required to be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. • Littoral shelf planting areas within wet detention ponds shall he required at the time of Site Development Plan/Construction Plan submittal and will be required to meet the minimum planting area requirement in Policy 6.1.7. • The requirement for an EIS pursuant to Policy 6.1.8 has been satisfied. • Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. Agency permits will be required at the time of Site Development Plan /Construction Plan submittal. As stated in Policies 6.2.3 and 6.2.4, where permits issued by jurisdictional agencies allow for impacts to wetlands within the Urban Designation and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area. 7 Agenda Item No. 17G April 24, 2007 Page 89 of 174 • In accordance with Policy 6.2.6, required preservation areas are identified on the PUD site plan, Allowable uses within the preserve areas are included in the PUD document, with changes to these uses stipulated in the staff report. Uses within preserve areas shall not include any activity detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife conservation and preservation. In accordance with Policy 7.1.2, a listed species survey was conducted on the property. One inactive gopher tortoise burrow and seven unidentified stick nests were observed however an updated survey conducted on July 18, 2006 revealed the gopher tortoise burrow was abandoned. Collier County Environmental Services staff stated that they observed two Big Cypress fox squirrels on the site. Therefore, a gopher tortoise management plan and Big Cypress fox squirrel management plan is included in the listed species survey (Exhibit 12). In accordance with Policy 11.1.2, correspondence was sent to the Florida Department of the State regarding possible archaeological or historical sites within the Project area. In a letter dated September 21, 2005, the Florida Department of the State stated that no cultural resources are known to exist in the Project area and that no cultural resources will be affected by the Project (Exhibit 15). d. Native Vegetation Preservation Identify the acreage and community type of all upland and wetland habitats found on the Project site, according to the FLUCF'CS. Provide a description of each of the FLUCFCS categories identified on site by vegetation type (species), vegetation composition (canopy, midstory and ground cover) and vegetation dominance (dominant, common, and occasional). A description of each FLUCFCS type found on the Project site follows. Table I gives the acreage for each FLUCFCS type. Residential ( FLUCFCS Code 110) Single - family residential occupies this section of the property. Wholesale Sales and Services ( FLUCFCS Code 142) Green Heron Landscapes, Inc. occupies the northwest section of the property. A storage building occupies the other area in this category. Tree Nursery /Ornamentals ( FLUCFCS Codes 241/243) The canopy trees consist of ornamental palm trees such as queen palm (Syagrus romanzoffianum), silver palm (Coccothrinax argentata), and date palm (Phoenix dactylifera). The ground is planted with a variety of ornamental plants. Agenda Item No. 17G April 24, 2007 Page 90 of 174 Horse Farm (FLUCFCS Code 25 1) This area consists of stables, a horse jumping area, and pasture for the horses. Palmetto Prairie Disturbed (0 - 24% Exotics) (FLUCFCS Code 3219 Ell The canopy in this upland habitat is open with scattered slash pine (Pines elliottii). The sub - canopy vegetation includes slash pine, dahoon holly (Ilex cassine var. cassine), wax - myrtle (Myrica cerifera), and melaleuca. The ground cover vegetation is dominated by saw palmetto (Serenoa repens) with gallberry (Ilex glabra), bracken fern (Pteridium aquilinum), stagger bush (Lyoniafruticosa), and slash pine seedlings. Pine Flatwoods Disturbed (0 - 24% Exotics) (FLUCFCS Code 4119 El) The canopy vegetation in this upland habitat is dominated by slash pine. Sub- canopy and ground cover vegetation is the same as FLUCFCS Code 3219 EL Pine Flatwoods Disturbed (25 - 49 %n Exotics) (FLUCFCS Code 4119 F2) The canopy vegetation is dominated by slash pine. The sub - canopy is dominated by Brazilian pepper. The ground cover is dominated by saw palmetto with common ragweed (Ambrosia sp.), caesar -weed (Urena lobata), beggar -ticks (Biderts sp.), and bahiagrass (Paspalum notaturn). Pine Disturbed (FIdJCFCS,Code 4159) The canopy in this upland area is dominated by slash pine. The understory is clear with only bare ground, Pine Disturbed (0 - 24% Exotics) (FLUCFCS Code 4159 El) This upland habitat type contains slash pine, melaleuca, and bald cypress (Taxodium distichum) with scattered dahoon holly and earleaf acacia (Acacia auriculifm-mis) in the canopy. The sub- canopy contains slash pine, melaleuca, and cypress with scattered dahoon holly, earleaf acacia, and wax - myrtle. The ground cover is dominated by muscadine grape (Vitir rotundifolia) with caesar -weed, saw palmetto, beggar's tick, little blue maidencane (Amphicarpum muhlenbergianbun), gulfdune paspalum (Paspalum monostachyum), poison ivy (Toxicodendron radicans), low panicum (Dichanthelium sp,), Mexican clover (Richardia grandiflora), and spermacoce (Spermacoce verticillata). Pine Disturbed (25 - 49% Exotics) (FLiJCFCS Code 4159 E2) This upland habitat has a canopy dominated by slash pine. The sub - canopy contains Brazilian pepper, melaleuca, slash pine, and scattered bald cypress. Ground cover species include Bay Biscayne wedelia ( Wedelia trilobata), spermacoce, dog fennel (Eupatorium capillifolium), muscadine grape, caesar weed, ragweed, beggar- ticks, occasional swamp fern (Blechnum serrulatum), and gulfdune paspalum. Pine Disturbed (50 - 75% Exotics) (FLUCFCS Code 4159 E3) This upland habitat has a canopy dominated by slash pine and melaleuca. The sub - canopy contains Brazilian pepper, melaleuca, slash pine, and wax - myrtle, Ground 9 Agenda Item No. 17G April 24, 2007 Page 91 of 174 cover species is dominated by bahiagrass and also includes Bay Biscayne wedelia, spermacoce, dog fennel, caesar -weed, and beggar- ticks. Ditch (FLUCFCS Code 514) This "other surface waters" (OSW) area is located on the northwest corner of the property. Shallow Pond (FLUCFCS Code 525) These OSW areas are located in the Tree Nursery /OrnamcntaI (FLUCFCS Codes 241/243) and Residential (FLUCFCS Code 110) areas. Pine /Cypress, Disturbed (0 - 24% Exotics) (FLUCFCS Code 6249 El ) The canopy in this wetland area consists of slash pine and bald cypress. The sub - canopy consists of bald cypress, slash pine, melaleuca, and Brazilian pepper. The ground cover contains swamp fern, sawgrass (Cladium jamaicense), gulfdune paspalum, Brazilian pepper, muscadine grape, poison ivy, and spermacoce. Pine /Cypress, Disturbed (25 - 49% Exotics) (FLUCFCS Code 6249 E2) This wetland area is similar to FLUCFCS Code 6249 El, except with a higher concentration of melateuca (25 to 49 percent). Pine /Cypress, Disturbed (50 - 75% Exotics) (FLUCFCS Code 6249 E3) The canopy in this disturbed wetland consists of slash pine and bald cypress. However, the understory is planted with ornamental vegetation. Hydric Pine, Disturbed (25 - 49% Exotics) (FLUCFCS Code 6259 E2) This wetland habitat type contains slash pine and melaleuca, with scattered cypress and dahoon holly in the canopy. The sub - canopy contains slash pine, melaleuca, and cypress with scattered dahoon holly, wax - myrtle, and cabbage palm (Sabal palmetto). The ground cover contains swamp fern, gulfdune paspalum, little blue maidencane, chain fern (Woodwardla virginica), fennel (Eupatoriam leptophyllum), camphorweed (Pluchea rosea), knotroot foxtail (Setaria parvii lora), spermacoce, rush (Juncus megacephalus), saw grass, muscadine grape, and rush fuirena (Fuirena scirpoidea). Disturbed Land (FLUCFCS Code 740) The canopy and sub - canopy are mostly open with scattered slash pine, melaleuca, and Brazilian pepper. The ground cover vegetation includes common ragweed, caesar- weed, beggar - ticks, and bahiagrass. Road (FLUCFCS Code 814) An unimproved road and paved driveways occupy these areas of the property. li. Explain how the project meets or exceeds the native vegetation preservation — requirement in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan, and Division 3.9 of the Land Development Code. 10 Agenda Item No. 17G April 24, 2007 Page 92 of 174 Provide an exhibit illustrating such. Include calculations identifying the acreage for preservation and impact, per FLUCFCS category, The property lies within the Urban Residential Subdistrict designation of the Collier County Future Land Use Map. According to the vegetation preservation and retention standards for residential and mixed use development for an area of greater than 20.0± acres, a minimum of 25 percent of the native vegetation areas located on the subject property will be retained. The property has a total of 46.40± acres considered to have native vegetation present. A Native Vegetation Map is provided as Exhibit 10, while Table 2 provides an acreage breakdown of these native habitats. Table 2. Native Vegetation Habitat Types acrd Acreages Preseeve- FLUCFCS Existing Preserve Re- creation ` Not Impact -. Code Habitat Acreage Acreage Acreage Counted Acreage as Native 110 Single - Family 2,67 0.0 0.0 0.15 2.52 Residential * 142/814 Wholesale Sales and 1.31 _ 0.0 0.59 0.0 0.72 Services * 241/243 Tree Nursery/ 2.87 0.0 0.0 0.0 2.87 Ornamentals a' _ 251 Horse Farm * 6.75 0.0 0.0 0.0 6.75 Palmetto Prairie, 3219 El Disturbed 0,55 0.43 0.0 0.0 0.12 (0 -24% Exotics) Pine Flatwoods, 4119 El Disturbed 2.64 0.44 0.0 0.29 1.91 (0 -24% Exotics) Pine Flatwoods, 4119 E2 Disturbed 0.28 0.0 0.0 0.0 0.28 (25 -49% Exotics) 4159 Pine, Disturbed 2.29 0.0 0.0 0.0 2.29 4159 El Pine, Disturbed 2,30 0.26 0'0 0.28 1.76 (0 -24% Exotics) 4159 E2 Pine, Disturbed t.49 1.36 0.0 D,0 0.13 (25 -49% Exotics) 4159 E3 Pine, Disturbed 5,44 0.17 0.0 0.04 5.23 (50 -75% Exotics) 514 Ditch O.OI 0,0 0.0 0.0 0.01 525 Shallow Pond 0.46 0.0 0.0 0.0 0.46 6249 E1 Pine/Cypress, Disturbed 4,84 4.61 0'0 0.0 0.23 (0 -24% Exotics) 6249 E2 Pine /Cypress, Disturbed 0.78 0,39 0.0 0.15 0.24 (25 -49% Exotics) Agenda Item No. 17G April 24, 2007 Page 93 of 174 Table 2, (Continued) * Cleared areas considered as native because permits could not be. found for the clearing. Of the 46.401 acres, 11.38± acres (24,5 percent) will be retained (Exhibit 11). To meet the native vegetation requirement, an additional 0.72± acre will be preserved and re- created through supplemental plantings. The retained native vegetation with the 0.72± acre of re- creation habitat will exceed the minimum required native vegetation preserve requirement by 0.50± acre. In addition, 1.12± acres will be preserved; however, are not counted towards native preservation due to size and configuration. The proposed Project design has incorporated 8.98± acres of wetlands and 4.241 acres of uplands as preserves within the development plan. At post - development these wetlands and uplands will be enhanced by the removal of exotics and supplemental plantings within the disturbed areas. The preserved and enhanced uplands and wetlands will be placed under a conservation easement. A wetland and upland preserve map with the site plan of the property is provided as Exhibit 14. iii. For sites already cleared and in agricultural use, provide documentation that the parcel(s) are in compliance with the 25 year rezone limitation in Policy 6.1.5 of the Conservation and Coastal Management Element of the Growth Management Plan and Division 3.9 of the Land Development Code. For sites cleared prior to January 2003, provide documentation that the parcel(s) are in compliance with the 10 year rezone limitation previously identified in the Growth Management Plan and Land Development Code. Agricultural permits could not be found; therefore, areas cleared for agricultural use have been included in the native preserve calculation. iv. Have preserves oracreage requirements for preservation previously been identified for the site during previous development orderapprovals? Ifso, identifythe location 12 Preserve -.' FLUCKS 1Tabitat Existing Preserve Re-creation.. Non impact Code Acreage Acreage Acreage ' .Native Acreage Preserve'' 6249 E3 Pine /Cypress, Disturbed 0.80 0.04 0'0 0.11 0.65 (50 -75 %n Exotics) 6259 E2 Hydric Pine, Disturbed 3.68 3.68 0'0 0.0 0.00 {25 -49% Exotics) 740 Disturbed Land * 6.43 0.0 1 0.13 0.10 1 6.20 814 Road * 0.81 D.0 0,0 0.0 0.81 Total 46.40 11.3$ 0.72 1.12. 33.I$: Minimum Retained Native Vegetation Requirement (Existing . : 11.60 Native Vegetation Acreage x 25 %) * Cleared areas considered as native because permits could not be. found for the clearing. Of the 46.401 acres, 11.38± acres (24,5 percent) will be retained (Exhibit 11). To meet the native vegetation requirement, an additional 0.72± acre will be preserved and re- created through supplemental plantings. The retained native vegetation with the 0.72± acre of re- creation habitat will exceed the minimum required native vegetation preserve requirement by 0.50± acre. In addition, 1.12± acres will be preserved; however, are not counted towards native preservation due to size and configuration. The proposed Project design has incorporated 8.98± acres of wetlands and 4.241 acres of uplands as preserves within the development plan. At post - development these wetlands and uplands will be enhanced by the removal of exotics and supplemental plantings within the disturbed areas. The preserved and enhanced uplands and wetlands will be placed under a conservation easement. A wetland and upland preserve map with the site plan of the property is provided as Exhibit 14. iii. For sites already cleared and in agricultural use, provide documentation that the parcel(s) are in compliance with the 25 year rezone limitation in Policy 6.1.5 of the Conservation and Coastal Management Element of the Growth Management Plan and Division 3.9 of the Land Development Code. For sites cleared prior to January 2003, provide documentation that the parcel(s) are in compliance with the 10 year rezone limitation previously identified in the Growth Management Plan and Land Development Code. Agricultural permits could not be found; therefore, areas cleared for agricultural use have been included in the native preserve calculation. iv. Have preserves oracreage requirements for preservation previously been identified for the site during previous development orderapprovals? Ifso, identifythe location 12 Agenda Item No. 17G April 24, 2D07 Page 94 of 174 and acreage of these preserves, and provide an explanation if they are different from what is proposed. Not applicable. v. For properties with Special Treatment "ST" overlays, show the ST overlay on the development plan and provide an explanation as to why these are being impacted or preserved. There are no areas with Special Treatment overlays located within the subject property. Wetlands Define the number of acres of Collier County jurisdictional wetlands (pursuant to Policy 6.2.1 and 6.2.2 of the Conservation and Coastal. Management Element of the Growth Management Plan) according to the FLUCFCS. Include a description of each of the FLUCFCS categories identified on -site by vegetation type (species), vegetation composition (canopy, midstory, and ground cover) and vegetation dominance (dominant, common, and occasional). Wetland determinations are required to be verified by the SFWMD or Florida Department of Environmental Protection, prior to submission to the County. There are 10.10± acres of SFWMD /Collier County jurisdictional wetlands (Exhibit 3). A SFWMD site visit with Laura Layman and Linda Elligott was conducted on February 10, 2006 to determine the extent of wetlands on -site. The jurisdictional determination was conducted by traversing the upland /wetland interface in each wetland, Lama agreed with the majority of wetland flagging with minor changes. The lines were adjusted accordingly and re- surveyed on February 20, 2006. The EIS figures have been revised to reflect the updated wetland survey approved by the SFWMD. Table 3 provides a breakdown of the wetland acreage for the site, and a description of each wetland FLUCFCS type follows, Table 3. SFWMD /Collier County Wetlands F I CFCS Code Habitat Acreage 6249 El Pine/Cypress, Disturbed (0 - 24% Exotics) 4.84 6249 E2 Pine/Cypress, Disturbed (25 - 490/D Exotics) 0.78 6249 E3 Pine/Cypress, Disturbed (50 - 75% Exotics) 0.80 6259 E2 Hydric Pine, Disturbed (25 - 49% Exotics) 3.68 Total 10.10 13 Agenda Item No. 17G April 24, 2007 Page 95 of 174 Pine /Cypress, Disturbed (0 - 24% Exotics) (FLUCFCS Code 6249 Fl ) This wetland habitat contains slash pine and bald cypress in the canopy, The sub - canopy consists of bald cypress, slash pine, melaleuca, and Brazilian pepper. The ground cover contains swamp fern, sawgrass, gulfdune paspalum, Brazilian pepper, muscadine grape, poison ivy, and spermacoce. Pine /Cypress. Disturbed (25 - 49% Exotics) (FLUCFCS Code 6249 E2) This potential wetland area is similar to FLUCFCS Code 6249 E1, except with a higher concentration of melaleuca (25 —49% Exotics). Pine /Cypress, Disturbed (50 - 7517b Exotics) (FLUCFCS Code 6249 E3) The canopy in this disturbed wetland consists of slash pine and bald cypress. However, the understory is planted with ornamental vegetation. Hydric Pine, Disturbed (25 - 49% Exotics) (FLUCFCS Code 6259 E2) This wetland habitat contains slash pine and melaleuca, with scattered cypress and dahoon holly in the canopy. The sub- canopy contains slash pine, melaleuca, and cypress with scattered dahoon holly, wax - myrtle, and cabbage palm, The ground cover contains swamp fern, gulfdune paspalum, little blue maidencane, chain fern, fennel, camphorweed, knotroot (oxtail, spermacoce, rush, saw grass, muscadine grape, and rush fuirena. ii. Determine seasonal and historic high water levels utilizing lichen lines or other biological indicators. Indicate how the Project design improves /affects predevelopment hydroperiods, Provide a narrative addressing the anticipated control elevation(s) for the site. The wet season water table has been determined by analyzing the adjoining project's water management system. Adjoining control elevations are in the 12.0 feet NGVD range. In order to provide positive outfall, it has been determined to use a control elevation of 13.1 feet NGVD. Dry season water table is in the range of five feet below ground elevations or approximately 7.0 feet NGVD. Minimum road elevation will be approximately at 15.0 feet NGVD. Minimum finished floor elevation is estimated to be 16.5 feet NGVD. The water management system will consist of a series of inlets and drainage pipes connected to two lakes. The lakes will provide water quality attenuation and treatment prior to discharge to the adjoining preserved wetlands. This discharge should provide re- hydration to the wetlands, which have been adversely affected by the construction of the C.R. 951 canal in the 1960's. After flowing through the wetlands, the runoff will be collected in an inlet and will be conveyed in a drainage pipe ultimately discharging to the C.R. 951 canal. Discharge from the site will be m limited to Collier County Ordinance 90 -10 (as amended). 14 Agenda Item No. 17G April 24, 2007 Page 96 of 174 Historically, drainage flow across the site is from the northeast to the southwest, though the amount of above ground flow was limited to extreme rain events for short duration. This overland flow ceased at the time of the construction of the C.R. 951 canal and further by the construction of Tree Farm Road. There are no off -site flows coming in to the site now. Indicate the proposed percent of defined wetlands to be Impacted and the effects of proposed impacts on the functions of these wetlands. Provide an exhibit showing the location of wetlands to be impacted and those to be preserved on -site. Describe how impacts to wetlands have been minimized. The site plan concentrates the development on the eastern portion of the property and preserves land that contains the majority of wetlands to the west. The development areas are located within uplands and lower quality disturbed wetlands. The wetlands that will be impacted by the proposed development plan are currently degraded as a result of exotic infestation by melaleuca and disturbed hydrology due to surrounding development. The construction of the Project will result in direct wetland impacts to 1. 12± acres of on -site wetlands. As discussed, these wetland impacts are limited to the lower quality wetlands on -site. The direct wetland impacts will result in the loss of the wetland functions associated with those wetlands, including wildlife habitat, hydrology, and water quality treatment. A wetland impact map is shown as Exhibit 13. The water management system will consist of a series of inlets and drainage pipes connected to three lakes. The lakes will provide water quality attenuation and treatment prior to discharge to the adjoining preserved wetlands. This discharge should provide re- hydration to the wetlands, which have been adversely affected by the construction of the C.R. 951 canal in the 1960's. After flowing through the wetlands, the runoff will be collected in an inlet and will be conveyed in a drainage pipe ultimately discharging to the C.R. 951 canal. Discharge from the site will be. limited to Collier County Ordinance 90 -10 (as amended). Historically, drainage flow across the site is from the northeast to the southwest, though the amount of above ground flow was limited to extreme rain events for short duration. This overland flow ceased at the time of the construction of the C.R. 951 canal and further by the construction of Tree Farm Road. There are no off -site flows coming in to the site now. In addition to avoiding and minimizing wetland impacts, the Project was designed to avoid secondary impacts to the preserved wetlands as much as possible. Design criteria to minimize secondary impacts include establishing an average 25 foot upland buffer adjacent to preserves, where feasible. 15 Agenda Item No. 17G April 24, 2007 Page 97 of 174 Preservation areas total 13.22± acres (24.4 percent) of the property. This involves the enhancement and preservation of 8.98± acres of wetlands and enhancement and preservation of 4.24± acres of upland preserves (Exhibit 14), Wetland and upland enhancement will include the removal of exotic and nuisance vegetation and supplemental planting. Exotic and nuisance vegetation to be removed includes, but is not limited to, melaleuca, Brazilian pepper, Australian pine, downy rose- myrtle, and cattails. Exotic vegetation removal will include hand removal of exotics. In general, exotics will be treated in place with an appropriate herbicide and left standing; or exotics will be cut, the cut vegetation removed or stacked in place, and the remaining stump treated with an appropriate herbicide. Disturbed land will be planted with native upland vegetation. iv. Indicate how the Project design compensates for wetland impacts pursuant to the Policies and Objectives in Goal 6 of the Conservation and Coastal Management Element of the Growth. Management Plan. For sites in the RFMU District, provide an assessment, based on the SFWMD's Uniform Mitigation Assessment Method that has been accepted by either the SFWMD or Florida Department of Environmental Protection. For sites outside the RFMU District, and where higher quality wetlands are being retained on -site, provide justification based on the Uniform Mitigation - "` Assessment Method. The site is not located within the RFMU. However, an assessment was conducted for the site wetlands using the SFWMD Uniform Mitigation Assessment Method (Exhibit 16). Based on the analysis, the proposed Project preserves the higher functioning wetlands (i.e., ? 0.60 score) and impacts the lower functioning wetlands (i.e., 0.50 score). Preservation areas total 13,22± acres (24,4 percent) of the property, This involves the enhancement and preservation of 8.98± acres of wetlands, and enhancement and preservation of 4.24± acres of upland preserves (Exhibit 14). Wetland and upland enhancement will include the removal of exotic and nuisance vegetation. f Surface and Groundwater Management i. Provide an overall description of the proposed watermanagement system explaining how it works, the basis of design, historical drainage flows, off -site flows coming in to the system and how they will be incorporated in the system or passed around the system, positive outfall availability, Wet Season Water Table and Dry Season Water Table, and how they were determined, and any other pertinent information pertaining to the control of the storm and ground water. Please see the Proposed Drainage Plan enclosed as Exhibit 6. 16 Agenda Item No. 17G April 24, 2007 Page 98 of 174 ii. Provide an analysis of potential water quality impacts of the Project by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and stormwater management controls) compared with water quality loadings of the Project area as it exists in its pre - development conditions. This analysis is required far Projects impacting five (5) or more acres of wetlands. The analysis shall be performed using methodologies approved by Federal and State water quality agencies. Not applicable. iii. Identify any Weltfield Risk Management Special Treatment Overlay Zones (WRM -ST) within the project area and provide an analysis for how the Project design avoids the most intensive land uses within the most sensitive WRM -STs. No Wellfield Risk Management Zones exist within the Project area. g. Listed Species Provide a plant and animal species survey to include at a minimum, listed species known to inhabit biological communities similar to those existing on -site, and conducted in accordance with the guidelines of the Florida Fish and Wildlife Conservation Commission (FWCC) and the U.S. Fish and Wildlife Service. State actual surveys times and dates, and provide a map showing the location(s) of species of special status identified on -site. A listed species survey was conducted on the property on February 8,2005; May 18, 2005; June 14, 16, and 17, 2005; July 26, 2005; September 13, 2005; March 17, 2006; and July 18, 2006 by PAI. The listed species survey report is included as Exhibit 12. During the surveys, one Collier County protected species was identified on the Project site. One inactive gopher tortoise burrow and seven unidentified stick nests were observed however an updated survey conducted on July 18, 2006 revealed the gopher tortoise burrow was abandoned. Collier County Environmental Services staff stated that they observed two Big Cypress fox squirrels on -site. Therefore, a gopher tortoise management plan and Big Cypress fox squirrel management plan are included in the listed species survey (Exhibit 12). ii. Identify all listed species that are known to inhabit biological communities similar to those existing on the site or that have been directly observed on the site. Listed wildlife species that were not observed during the surveys conducted by PAI, but which have the potential to occur on the Project site are listed in Table 4. Information used in assessing the potential occurrence of these species included Rare and Endangered Biota of Florida Volume 1. Mammals (Humphrey 1992), Volume III; 17 Agenda Item No. 17G April 24, 2007 Page 99 of 174 Amphibians and Reptiles (Moler 1992); Volume V. Birds (Rodgers et al. 1996); and personal experience and knowledge of the geographic region. Table 4. Listed Wildlife That Could Potentially Occur FWCC — Florida Fish and Wildlife Conservation Commission USFWS — U.S. Fish and Wildlife Service SSC — Species of Special Concern T — Threatened E — Endangered T (S /A) — Threatened due to similarity of appearance 18 Desi hated Status Habitat Scientific Name Common Name (PLUCKS Code) i WCC 11 )FW8 Amphibians and Reptiles 525, 6219E4, 6249E1, Alligator American alligator SCC T(S /A) 6249E, 6249E3, mississiptensts 6249E4 Drymarchon corals Eastern indigo snake T T 3219 El, 4119E1, coo eri 4119132 Rana capito Gopher frog SSC 3219 E1, 4119E 1, 4119132 Birds Aranurs guarauna Lim kin SSC - 525 525,6249E 1, 6249E, Egretta caerulea Little Mae heron SSC - 6249E3 525, 6249131, 6249132, Egretta thula Snowy egret SSC - 6249E3 Egretta tricolor Tricolored heron SSC _ 525, 6249E1, 6249E, 6249E3 Falco sparverius Southeastern T 3219 El, 4119E 1, aulus American kestrel 4119E2 _ Crus canadensis Florida sandhill crane T 3219 131 Haliaeetus Bald eagle T T 4119E1,4119E2, leucoce halos 4119E3 Picoides borealis Red- cockaded T E 4119F.1,4119E2 woodpecker Pol borus olancus Crested caracara T T 3219 E1 Mammals , 4119131,4119E2, Felix concolor coryi Florida panther E E 6249E 1, 6249E, 6249E3 3219 E 1, 41 19E 1, Ursus americantrs Florida black bear T 4119E2, 6249E1, floridamus 6249E, 6249F3 FWCC — Florida Fish and Wildlife Conservation Commission USFWS — U.S. Fish and Wildlife Service SSC — Species of Special Concern T — Threatened E — Endangered T (S /A) — Threatened due to similarity of appearance 18 Agenda Item No. 17G April24, 2007 Page 100 of 174 American Alligator (Alligator mississipiensis) Habitat for the American alligator consists of mostly permanent bodies of fresh water, including marshes, swamps, lakes, and rivers (Hipes et at. 2001). The site provides permanent bodies of water in FLUCFCS Code 525, Shallow Pond. Eastern Indigo Snake (Drvmarchon corais couneri) The Eastern indigo snake is far ranging and may utilize activity areas of 1251 acres to 250± acres (Moler 1992). The Eastern indigo snake is typically found in association with populations of gopher tortoise. Only one gopher tortoise burrow was observed on the Project site. Gopher Frog (Rana areolata) The gopher frog is typically only found in association with populations of gopher tortoises. Only one gopher tortoise burrow was observed on the Project site. Little Blue Heron (Egretta caerula), Snowy egret (Egretta thula), Tricolored heron (Egretta tricolor), and Wood Stork (Mycteria americaia) Potential foraging habitat for the little blue heron, snowy egret, tricolored heron, and wood stork occurs on -site in FLUCFCS Code 514, Ditch; and FLUCFCS Code 525, Shallow Pond. The Florida Atlas of Breeding Sites for Herons and Their Allies (Runde et al. 199 1) lists no bird rookeries on the subject parcel. Although, recorded wood stork colonies #619310, #619018, and #619161 exist approximately ten, nine, and fifteen miles from the site, respectively. Southeastern American Kestrel (Falco sparverius paulu.$) Potential habitat for the Southeastern American kestrel may exist within the pine habitats on the Project site; however, the Project site is at the southernmost extreme of the known range for this subspecies. Since 1980, observations of Southeastern American kestrel in Florida have occurred primarily in sandhill or sandpine scrub areas of north and central Florida (Rodgers et al. 1996). Florida Sandhill Crane (Gras Canadensis) Potential habitat for the Florida sandhill crane may exist in palmetto habitat, although due to the location of the site, surrounding development, and the disturbed nature of the site, this is unlikely. Bald Eagle (Haliaeetus leucocephalus) The FW CC database for bald eagle nests (current through 2001) shows no bald eagle nests on or adjacent to the property. However, a bald eagle nest was discovered recently in the vicinity of the site. The nest is approximately 3,750 feet east of the site. Red - Cockaded Woodpecker (Picoides borealis) To date, no red - cockaded woodpeckers (RCW) were observed or heard on the property. No RCW cavity trees have been documented on the Project site. The 19 Agenda Item No. 17G April 24, 2007 Page 101 of 174 nearest documented RCW cavity trees are approximately four miles northwest of the Project site. Crested Caracara (Polvborus plancus) Potential habitat for the crested caracara may exist in palmetto habitat, although due to the location of the site, surrounding development, and the disturbed nature of the site, this is unlikely. Florida Panther (Fells concolor corvi) The subject parcel does not occur within Priority 1 or 2 panther habitat according to a review of the Florida Panther Habitat Preservation Plan (Logan et al. 1993). No panther telemetry points have been documented on the Project site. The nearest documented panther telemetry point is approximately one mile north of the Project site. In addition, the close proximity of neighboring development would deter any panthers from utilizing the site. No panthers or their sign (i.e., tracks, scat, etc.) were observed during the listed species surveys conducted on the property. Black Sear (Ursus americanus floridanus) No black bear or their sign (i.e., tracks, scat, etc.) were observed during the listed species surveys conducted on the property. No black bear telemetry points have been documented on the Project site. The nearest documented black bear telemetry point is approximately three miles to the southeast of the site. Listed plant species that were not observed, but which have the potential to occur on the Project site are listed in Table 5. Information used in assessing the potential occurrence of these species included the Field Guide to the Rare Plants of Florida (Chafin 2000) and personal experience and knowledge of the geographic region. Table 5. Listed Plant Species That Could Potentially Occur Scientific Name Common Name 6csig niiiited, States flabrtat (FLUGFCS Code) FDA USFWS Ascle las cunissii Curtis milkweed E - 3219 Et, Burmannia. lava Fakahatchee E 3219 E1, 4119E 1, burmannia 4119E2 Campyloneurum Narrow strap fern E 6249E1, 6249E2, an Usti olium 6249E3 Chrysophyllum Satinleaf E - 4119E1, 4119E2 olivae orme Cyrtopodlum Cowhorn orchid E - 6249131,6249F2, unctatum 6249E3 Deeringothamnus Beautiful paw -paw E E 3219 El, 4119F.1, ulchellus 4119E2 Encyclia nocturnum Clamshell orchid E 6249E1, 6249E2, 6249E3 20 Agenda Item No. 17G April 24, 2007 Page 102 of 174 Table 5, (Continued) FDA — Florida Department of Agriculture USFWS —U.S. Fish and Wildlife Service E — Endangered C -- Commercially Exploited T— 'Threatened Indicate how the Project design minimizes impacts to species of special status. Describe the measures that are proposed as mitigation for impacts to listed species. The proposed site plan has been designed to minimize impacts to listed species. This includes the preservation and enhancement of wetland and upland habitats on the property. The site plan involves the establishment of an upland /wetland preserve in the western portion of the property and a smaller upland /wetland preserve in the northeastern portion of the site, These preserve areas include forested wetland habitat with upland pine and palmetto habitat that will be enhanced through exotic removal and disturbed land that will be enhanced through supplemental plantings. These areas will be planted with native upland vegetation, Enhancement of the wetland and upland preserves will include the removal of exotic and nuisance vegetation such as melaleuca, Brazilian pepper, and cattails. The surface water management system will be designed to maintain appropriate wetland hydroperiods within the enhancement areas. The wetland hydroperiods will be maintained to provide for the natural wet and dry cycles, which provides for foraging for wading birds. The wetland and upland preserves will be placed under a conservation easement as part of the SFWMD permitting for the Project. The gopher tortoise burrow identified on site is being preserved in its existing habitat and a gopher tortoise management plan has been prepared for the Project (Exhibit 12). The designated 2.35± acre gopher tortoise preserve contains pine and palmetto habitat; and pine /cypress habitat that remain dry throughout the year, which will provide suitable burrow and foraging areas. The gopher tortoise preserve shall be 21 Desi nated Status Habitat Scientific Name Common Name (FLUCFCS Code) - FDA USFWS Epidendrum Night- scented orchid E 6249131, 6249132, nocturnum 6249E3 Guzmania Fuchs' bromeliad E 6249E 1,6249E2, mono stachta 6249E3 Toothed lattice -vein 6249E 1, 6249E2, Thelypteris serrata fern E 6249E3 6249E1,6249E2, Tillandsia pruinosa Fuzzy -wuzzy air plant E 6249F3 3219 3219 E El, E Zamia floridana Florida coontie C 411 19132 FDA — Florida Department of Agriculture USFWS —U.S. Fish and Wildlife Service E — Endangered C -- Commercially Exploited T— 'Threatened Indicate how the Project design minimizes impacts to species of special status. Describe the measures that are proposed as mitigation for impacts to listed species. The proposed site plan has been designed to minimize impacts to listed species. This includes the preservation and enhancement of wetland and upland habitats on the property. The site plan involves the establishment of an upland /wetland preserve in the western portion of the property and a smaller upland /wetland preserve in the northeastern portion of the site, These preserve areas include forested wetland habitat with upland pine and palmetto habitat that will be enhanced through exotic removal and disturbed land that will be enhanced through supplemental plantings. These areas will be planted with native upland vegetation, Enhancement of the wetland and upland preserves will include the removal of exotic and nuisance vegetation such as melaleuca, Brazilian pepper, and cattails. The surface water management system will be designed to maintain appropriate wetland hydroperiods within the enhancement areas. The wetland hydroperiods will be maintained to provide for the natural wet and dry cycles, which provides for foraging for wading birds. The wetland and upland preserves will be placed under a conservation easement as part of the SFWMD permitting for the Project. The gopher tortoise burrow identified on site is being preserved in its existing habitat and a gopher tortoise management plan has been prepared for the Project (Exhibit 12). The designated 2.35± acre gopher tortoise preserve contains pine and palmetto habitat; and pine /cypress habitat that remain dry throughout the year, which will provide suitable burrow and foraging areas. The gopher tortoise preserve shall be 21 Agenda Item No. 17G April 24, 2007 Page 103 of 174 survey located and staked. All exotics within the designated 2.35 ±acre preserve area will be cut within 12 inches of the soil surface and hand removed from the preserve. The remaining stumps will be treated with an appropriate herbicide per the typical industry standards. After the exotics have been completely removed, the preserve will be enclosed with temporary gopher tortoise fencing. The fencing is to be installed per typical industry standards, which include burying the bottom of the fence 12 to 18 inches below the existing grade and angling the fence back towards the preserve area. The gopher tortoise fence will remain in place until all construction activities have been completed. The gopher tortoise preserve area will be maintained in perpetuity. A Big Cypress fox squirrel management plan has been prepared and suitable habitat is being preserved on the site (Exhibit 12). Prior to commencement of construction activities, the preserve area will be staked in the field and clearly identified with orange landscape fencing or an equivalent barrier. A survey will be conducted in the areas to be cleared to identify potential Big Cypress fox squirrel nests. If potential nests are identified within the clearing limits, observations will be conducted for five consecutive days to determine if the nests are being utilized by Big Cypress fox squirrels. Exotic nuisance vegetation will be removed and /or treated with herbicide within the designated preserves. Precautions will be taken when applying herbicides around cypress, cabbage palm, or slash pine. Herbicides that contain label warnings indicating potential damage or kill to cypress, cabbage palm, or pines are prohibited. Every effort will be made to protect existing cypress, cabbage palm, and slash pine within the designated preserves. Special precautions will be taken around any nest trees located. If management activities are required around the nest trees, these activities will be limited to hand removal of vines and exotic vegetation. No exotic vegetation will be removed within 125 feet of an active nest. Exotic removal can occur within the 125 foot buffer after nesting is completed. Supplemental planting of slash pines may be required if it is determined that slash pines have been killed by exotic removal activities. iv. Provide habitat management plans far each of the listed species known to occur on the property. For sites with bald eagle nests and /or nest protection zones, bald eagle management plans are required, copies of which shall be included as exhibits attached to the PUD documents, where applicable. Please see the listed species survey (Exhibit 12) including a gopher tortoise management plan and a Big Cypress fox squirrel management plan. V. Where applicable, include correspondence received from the FWCC and the USFWS, with regards to the project. Explain how the concerns of these agencies have been met. No correspondence has been received from either the FWCC or the USFWS regarding this Project. Prior to clearing activities a gopher tortoise survey will be conducted to determine if the gopher tortoise is utilizing the site, and if so, if the 22 h. Other Agenda Item No. 17G April 24, 2007 Page 104 of 174 burrow is located within the preserve area. If an active or inactive burrow is located within the development footprint a gopher tortoise incidental take permit from the FWCC will be obtained, A copy of the permit will be forwarded to Collier County Environmental Services for their records. If the gopher tortoise burrow is located within the preserve area it will be preserved in its existing habitat, Pine Flatwoods, Disturbed (FLUCFCS Code 4119 E1). For multi -slip docking facilities with ten slips or more, and for all marina facilities, show how the Project is consistent with the Marina Siting and other criteria in the Manatee Protection Plan. Not applicable. ii. Include the results of any environmental assessments and /or audits of the property. If applicable, provide a narrative of the cost and measures needed to clean up the site. A Phase I Environmental Site Assessment on the Project site was conducted by Water Resource Solutions, Inc. The results of this study found no indicators of hazardous substance or petroleum product impacts. A copy of this report is enclosed as Exhibit 17. iii. For site located in the Big Cypress Area of Critical State Concern — Special Treatment (ACSC -ST) overlay district, show how the project is consistent with the development standards and regulations established for the ACSC -ST.. Not applicable. iv. Soil sampling or ground water monitoring reports and programs shall be required for sites that occupy old farm fields, old golf courses or for which there is a reasonable basis for believing that there has been previous contamination on site. The amount of sampling and testing shall be determined by the Environmental Services staff along with the Pollution Control Department and the Florida Department of Environmental Protection. Not applicable. V. Provide documentation: for the Florida Master Site File, Florida Department of State and any printed historic archaeological surveys that have been conducted on the Project area. Locate any known historic or archaeological sites and their relationships to the proposed project design. Demonstrate how the Project design preserves the historic /archaeological integrity of the site. 23 Agenda Item No. 17G April 24, 2007 Page 105 of 174 Correspondence was received from the Florida Department of the State stating that no archaeological or historical sites are known to be present within the Project area. A copy of this correspondence is included as Exhibit 15. 24 Agenda Item No. 17G April 24, 2007 Page 106 of 174 REFERENCES Chafin, Linda G. 2000. Field Guide to The Rare Plants of Florida. Florida Natural Areas Inventory, Tallahassee, Florida. Florida Department of Transportation. 1999. Florida Land Use, Cover and Forms Classification System. Procedure No. 550- 0I0- 001.a. Third Edition. Hipes, Dan, Dale R. Jackson, Katy NeSmith, David Printiss, and Karla Brandt, 2001. Field Guide to the Rare Animals of Florida. Florida Natural Areas Inventory, Tallahassee, Florida. Humphrey, S,R. 1992. Rare and Endangered Biota of Florida. Volume 1. Mammals. University Press of Florida, Gainesville, Florida. Logan, Todd, Andrew C. Eller, Jr., Ross Morrell, Donna Ruffner, and Jim Sewell, 1993. Florida Panther Habitat Preservation Plan South Florida Population. U.S. Fish and Wildlife Service; Gainesville, Florida. Moler, Paul E. 1992, Rare and Endangered Biota of Florida. Volume III. Amphibians and Reptiles. University Press of Florida, Gainesville, Florida. Rodgers, J.A., Jr., Herbert W. Kale, II, and Henry T. Smith. 1996. Rare and Endangered Biota of Florida. Volume V. Birds. University Press of Florida, Gainesville, Florida. Runde, D.E., J.A. Gore, J.A, Hovis, M.S. Robson, and P.D. Southall. 1991, Florida Atlas of Breeding Sites for Herons and Their Allies, Update 1986 - 1989. Nongame Wildlife Program Technical Report No. 10. Florida Game and Fresh Water Fish Commission, Tallahassee, Florida. 25 t a i Q k W W F- L Z ■ &aa. °AtlM 31Jtl3N3'19- t 0 7 J in } m m Z Q O �Y a w > 3 w o w � a N a LL u O 3 z G $ m � 3 0 m M M m�w N O O w� w U w o U d a m a 0 rn N�pE�x6Kd;�;�CE�C „d °YXXYXYYYX YYXYXY 0 —ao na flit ®�"&� t a i Q k W W F- L Z ■ &aa. °AtlM 31Jtl3N3'19- t 0 7 J in } m m Z Q O �Y a w > 3 w o w � a N a LL u O 3 z G $ m � 3 0 m M M m�w N O O w� w U w o U d a m a 0 rn C: \d.,, \ELIAS\ Porm ROOd\SFWAD \E6TFERP -SFW Q.dn. FNHIBIT 4. 4/4/2306 59 PM �e m to C IS R fill > Z- April 24, 2007 Page 108 of 174 i \ ♦ 6 0 \ ° ♦ a ♦ \.`I 11 1 ♦ 1� I 1 ! I♦ ♦ I j � y •y III I rj L_. I4 L� j\ ♦ 1 I \. .y ♦ I 1'w 1 i ' \i ♦ \ I I �I I e\ \ Y 1 '♦ ♦ y ,i I I Y� I\ \ \ •4♦ ♦ \ I 1 —' I\ 'v \ ♦ _ _ _ _ _ J 0. , 0 0.' o! a LL w w s CCz) 0 Ell -,kVM �19d3N319- m m z z a d Item No. 20017G April 24, 7 oe 109 of 174 0 a K 0. W lq a. a o fl 3 � z .9 O a 7 tt1 q w w •� O v U� 0 m T t C 2 1 t AV 1A orl A a v A' i e iN T iy F "q t J s h r� r T4 ' r i x �y - """ WATER MANAGEMENT REPORT TREE FARM ROAD PUD Submitted to: South Florida Water Management District and Collier County Prepared by: Q. GRADY MINOR & ASSOCIATES, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 October, 2005 Agenda Item No. 17G 4pril 24, 2007 Page 112 of 174 Michael J. Delate, P.E. No. 49442 PUDZ- 2006 -AR -8997 PROJECT #2005060053 DATE; 1/20106 MIKE DERUNTZ Agenda Item No. 17G April 24, 2007 Page 113 of 174 TREE FARM ROAD PUD A. Project Information The site is located east of CR 951 and south of Immokalee Road in northern Collier County. The site is bounded to the north by existing and the future extension of Tree Farm Road, to the south and east by Vanderbilt Country Club and to the west by vacant agricultural land. Much of the site is impacted by agricultural operations and low density residential development. Shallow excavations were made to provide fill for the site. The average site elevation varies between 12.5 and 14.0. It is proposed to construct a mixed multi - family and single family residential community with approx. 220 units. The water management system will consist of a series of two lakes interconnected with drainage pipes. An additional 50% treatment capacity will be provided. Discharge through a water control structure will be to the west wetland preserve area and then to overflow to the Tree Farm Road right of way. This will allow for re- hydration of the wetlands in that area that have been significantly impacted by the area canals. The drainage system for that road has been sized accordingly to accept that runoff. Discharge will be limited to the rate permitted by Collier County Ord. 90 -10, as amended. Ultimate discharge is to the CR 951 canal and to the Golden Gate Main Canal. Historical runoff was from the north to the south across the site. Much of that has been disrupted by the agricultural operations, the residential development and road construction activities. B. Land Use Breakdown Descri tp ion Total Area Tree Farm Road R/W Water Management Tracts Development Tracts Preserves Tracts Open Space Tracts Clubhouse Tract Right of Way Tracts Area ac 55.0 1.6 9.0 (6.7 ac at control) 20.6 15.9 2.3' 1.0 4.6 These areas are located on perimeter of site will not be part of water management system but either left in natural state or planted with native vegetation and left in natural state. Drainage Area = Total area — Preserves — Tree Farm Road R/W — Open Space Tracts Drainage Area = 55.0 — 15.9 —1.6 — 2.3 = 3 5.2 ac hnoervious Areas Development Tracts; Pavement = 12.5 ac Agenda Item No. 17G April 24, 2007 Page 114 of 174 Buildings = 6.5 Open Space = 4.8 Clubhouse Tracts: Pavement = 0.5 ac Buildings = 0.1 Open Space = 0.4 Right of Way Tracts: Pavement = 3.5 ac Buildings = 0.0 Open Space = 1. 1 Total Impervious Area = 19.0 + 0.6 + 3.5 = 23.1 ac %Impervious = (Impervious Area+ Lake Area) /Drainage Area = (23.1 + 6.7)/35.2 = 85% C. Discharge Rate, Rainfall and Control Elevation Allowable Discharge = QA QA = 0.15 cfs /ac (from Collier County Ord. 90 -10) QA = 35.2 ac x 0.15 cfs /ac = 5.28 cfs Rainfall: 5 yr = 5.8" 25 yr = 8.5" 100 yr = 10.5" Water Control Elev. = 12.5 (based on adjacent projects' permitted elevations) Minimum Road Centerline and Perimeter Elevations = 15.4 Minimum Finished Floor Elevations = 16.4 Time of Concentration = 1200 ft/1 fps x lhr /3600s = 0.3 hr D. Soil Storage Avg. Ground Elevation = 15.0 Control = 12.5 Depth to groundwater = 15.0 —12.5 = 2.5 Soil Storage = 3.45" (Basis of Review) Adjusted Soil Storage = 3.45" (1- 0.85) = 0.5" Agenda Item No. 17G April 24, 2007 Page 115 of 174 D. Stage/Storage STAGE /STORAGE E. Water Quality Treat the greater of the following: 1. 1 " x Drainage Area or 2. 2.5" x %lmp, x Drainage Area For first inch: 1" x 35.2 ac= 2,93 ac -ft For 2.5" times percent impervious: 2.5" x % impervious = 2.5" x 85% x 35.2 ac = 6.23 ac -ft Required volume = 6.23 ac -ft Provide additional 50% treatment for discharge to impaired water = 1.5 x 6.23 ac -ft = 9.35 ac -ft The project provides detention for water quality (in the lakes) between 12.5 and 13.8 feet NGVD. Amenity Recreational Site Area= 1.0 ac Required Pre - treatment =' /2" x 1.0 ac = 0.08 ac -ft Use dry detention. Bottom area = 0.1 ac Treat between elevations 13.5 and 14.5 Volume provided = 0.1 ac x 1.0 ft = 0.1 ac -ft Use 3 -inch diameter orifice for bleed -down F. Bleed -down (Entire Project) Bleed -down '/2" volume in 24 hrs. Qa =1/2 in/day x 36.6 ac x 43560 sf/ac x lday /24 hrs x lhr /3600s = 0.8 efs Use orifice with invert elevation at 12.5 to achieve necessary discharge QB = 4.81 AHos A = Area 11 = Stage — 12.5 A E. Water Quality Treat the greater of the following: 1. 1 " x Drainage Area or 2. 2.5" x %lmp, x Drainage Area For first inch: 1" x 35.2 ac= 2,93 ac -ft For 2.5" times percent impervious: 2.5" x % impervious = 2.5" x 85% x 35.2 ac = 6.23 ac -ft Required volume = 6.23 ac -ft Provide additional 50% treatment for discharge to impaired water = 1.5 x 6.23 ac -ft = 9.35 ac -ft The project provides detention for water quality (in the lakes) between 12.5 and 13.8 feet NGVD. Amenity Recreational Site Area= 1.0 ac Required Pre - treatment =' /2" x 1.0 ac = 0.08 ac -ft Use dry detention. Bottom area = 0.1 ac Treat between elevations 13.5 and 14.5 Volume provided = 0.1 ac x 1.0 ft = 0.1 ac -ft Use 3 -inch diameter orifice for bleed -down F. Bleed -down (Entire Project) Bleed -down '/2" volume in 24 hrs. Qa =1/2 in/day x 36.6 ac x 43560 sf/ac x lday /24 hrs x lhr /3600s = 0.8 efs Use orifice with invert elevation at 12.5 to achieve necessary discharge QB = 4.81 AHos A = Area 11 = Stage — 12.5 Agenda Item No. 17G April 24, 2007 Page 116 of 174 Tailwater Effects Discharge will be to on -site preserve areas. The preserve area is included as a basin to model the tailwater conditions. The off -site tailwater elevations were determined from the 25 -yr storm for the CR951 Canal. The peak stage in that event is about 12.0. A 0.5 head loss was provided for from the discharge location of the project to the canal. G. Main Weir Limit weir discharge to allowable discharge conditions. QA (total) = 5.28 cfs QA =Qw +QB QB = bleeder flow = 0.8 cfs Qw = weir discharge = 3.13LHI,5 Qw = 4.7 = 3.13L(2.0)1.5 H. Stage/Storage/Discharge Use "Cascade 2001" computer model to generate flows. I. Flood Routing Results Using the Cascade -2001 computer modeling program, the following results were obtained: Storm Event Peak Stage (NGVD) Peak Discharge (cfs) Filename 25 yr, 3 -day 15.13 5.21 1FR25 100 yr, 3 -day 15.49 0.00 TFR100 I Conclusions The peak stage for the 25 yr storm event will be lower than the perimeter berm and minimum road crown elevation of 15.20. The peak discharge of 5.21 cfs is less than the allowable of 5.23 cfs. Also, the minimum finished floor elevation of 16.20 is higher than the 100 yr storm elevation of 15.49. Agenda Item No. 17G r� 1� r� c 7 VanasseP 4 Daylor,.,� ZONING TRAFFIC IMPACT. STATEMENT TREEFARM ROAD PROJECT October 14, 2005 Collier Boulevard & Treefarm Road Collier County, Florida Prepared For: Elias Brothers Communities, Inc. 15100 Collier Boulevard Naples, Florida 34119 job # 80888.02 Prepared By: Vanasse & Daylor, LLP PUDZ - 2006 -AR -8997 PROJECT 02005060053 DATE: 1/20106 MIKE DERUNTZ 12730 New Brittany Boulevard, Suite 600, Fort Myers, Florida 33907 t 239.437.4601 f 239.437.4636 W vanday.com Exhibit "D" Agenda Item No. 17G April 24, 2007 Page 118 of 174 STATEMENT OF CERTIFICATION I certify that this ZONING TRAFFIC IMPACT STATEMENT has been prepared by me or under my immediate supervision and that I have experience and training in the field of Traffic and anspo lation Engineering. f/, Reed rvt, P.E. Florida Registration 440156 VanasseDaylor, LLP 12730 New Brittany Boulevard, Suite 600 Fort Myers, Florida 33907 (239) 437 -4601 Collaborators: F. Randy Spradlfng, P.E. Nelson A. Galeano Swurup Mukheijee Ti eefarm Statement of Cerdficadon Table of Contents INTRODUCTION AND SUMMARY .... PROPOSED DEVELOPMENT ............... EXISTING AND PROPOSED LAND USE .... AREA CONDITIONS ............................. SITE ACCESSIBILITY .... ............................... PROJECT ED TRAFFIC ......................... Agenda Item No. 17G April 24, 2007 Page 120 of 174 .......1 ............................... 2 ...... ............................... 2 ................................................ ............................... 2 ..................................................................... ............................... 2 ......... ....I.......................1.5 TRIPGENERATION ................................................................................................................. ..............................5 TRIP DISTRIBUTION AND ASSIGNMENT .......................................................................... ..............................5 PROJECT ED BACKGROUND AND TOTAL TRAFFIC VOLUMES ................................... ..............................6 ANALYSES..... ............................... . ...... . ......................................................... ............................... 8 CAPACITY AND LEVEL OF SERVICE .................. .- ............ ,................................................... .................... : ..... 8 SITEACCESS ANALYSES. . ... ............ ....................................................................................................... ....... 14 IMPROVEMENTSANALYSIS ................................................................... ............................... 16 MITIGATIONOF IMPACT ......................................................................... ............................... 17 List of Tables Table 1 Site - generated Trip Estimates Table 2 Trip Distribution Table 3 Background Traffic data Based on Shifting Method of Background Traffic Table 4 Background Traffic data Based on Concurrency Segment Tables (9/21/2005) Table 5 Significance Test AM and PM Peak Season Peak Hours Table 6 °" `'` 'Link`tbS Analysis R6s51ts Based on SEifiing Me(h6d-6 f B ackg6ruidTraffic - "" Table 7 ` ' "LiiikLOS Analysis Results Based on Concurreney'Segment '1 151'cs (9/21/2005) Table 8 Intersection Capacity Analysis Results List of Exhibits Exhibit 1 Location Map Exhibit 2 Proposed Roadway, Study Area and Studied Intersections Exhibit 3 Site- Generated Percentage Distribution Exhibit 4 AM Peak Hour Traffic Assignment Exhibit 5 PM Peak Hour Traffic Assignment Exhibit 6 AM Peak Hour Background Traffic Exhibit 7 PM Pcak Hour Background Traffic Exhibit 8 AM Peak Hour Total Traffic Exhibit 9 PM Peak Hour Total Traffic. Appendix Treafarm Road ZTIS Page i Table of Contents Agenda Item No. 17G April 24, 2007 Page 121 of 174 INTRODUCTION AND SUMMARY Vanasse & Daylor, LLP (VanasseDaylor) is providing this Zoning Traffic Impact Statement for the Treefarm Road project site, The purpose of this study is to provide to the Collier County Transportation Operations Review Department adequate information to assure that any traffic - related problems are anticipated and that effective mitigation measures are identified as part of a Rezoning request. The proposed Treefarm Road project will consist of up to 171 Multi- Family/Townhouses and 49 Single- Family dwelling units. The project buildout is planned for the 2008 peak season. Exhibit 1 shows the location of the Treefarm Road project site. The Treefarm Road project site - generated trips were assumed to use a new collector roadway network consisting of Treefarm Road, Woodcrest Road, and Massey Road, as 2 -lane collector roads. These roadways are located in the southeast quadrant of the Immokalee Road & Collier Boulevard (CR 951) intersection. Vanderbilt Beach Road Extension is assumed to be a 4 -lane divided roadway facility. Exhibit 2 shows the proposed roadways in the vicinity of the project. A non- site - related improvement consists of the signalization of the Collier Boulevard & Treefarm Road intersection. The eventual lane configuration of the unsignalized full movement main access intersection on Treefarm Road could he: • Eastbound approach one exclusive right turn lane (145 foot.long) The developer has entered into a Developer Contribution Agreement with Collier County for right -of -way and construction of Woodcrest Road- Treefann Road - Massey Road collector network. The developer proposes to pay the appropriate Collier County Road Impact Fees. The developer also proposes to construct the site- related improvements identified at the site access. Treefarm Road ZTIS I I: \Prol acts\ BO8k808861Tra fBcl80888_TIS_004.doc Agenda Item No. 17G April 24, 2007 Page 122 of 174 PROPOSED DEVELOPMENT EXISTING AND PROPOSED LAND USE The Treefarm Road project site is located on Treefarm Road, approximately 0.5 mile east of Collier Boulevard & Treefarm Road intersection. The proposed project will consist of up to 171 Multi- Family/Townhouses and 49 Single- Family dwelling units. The project buildout is planned for the 2008 peak season. Exhibit 1 shows the location of the Treefarm Road project site. AREA CONDITIONS SITE ACCESSIBILITY Area Roadway System The existing roadway conditions for the area of the project were used to provide the base Buildout roadway network. A new collector network is proposed to contain the Treefarm Road, Wooderest Road and Massey Road as two -lane collector roads. These roadway segments are located in the south quadrant of the hmnokalee Road & Collier Boulevard (CR 95 1) intersection. Vanderbilt Beach Road. Extension is assumed to be a four -lane divided roadway facility. Exhibit 2 shows the proposed roadways in the vicinity of the project. The roadway system inside the study area consists of the following arterial and major collector roads and streets: Collier Boulevard (CR 951) Collier Boulevard (CR 951) in the study area is a north -south two -lane two -way arterial roadway under county jurisdiction. The roadway alignment is fairly level and tangent. The speed limit is posted at 45 miles per hour (mph). Collier Boulevard south of Immokalee Road will be widened to a six -lane divided highway with construction scheduled to begin in FY 2005 and completed in FY 2007. Treefarm Road ZTIS 2 1:Wrojecus SO 1808881Tra(Sc \80888_TIS_004.doc Agenda Item No. 17G April 24, 2007 Page 123 of 174 Immokalee Road (CR $461 Immokalee Road in the study area is an east -west four -lane divided arterial roadway under county jurisdiction with a speed limit of 45 mph. A six -lane expansion project is underway, Woodcrest Road Woodcrest Road is currently a north -south two -lane two -way local road south of Immokalee Road to Treefarm Road. It has a 30 mph speed limit and is under county jurisdiction. Woodcrest Road is proposed to be part of a collector roadway network consisting of Woodcrest Road, Massey Road, and Treefarm Road. It will be a two -lane collector road upon adoption of the facility proposal. Massey Road Massey Road is currently a north -south two -Iane two -way local road south of Woodcrest Road & Treefarm Road intersection. It has a 30 mph speed limit and is under county jurisdiction, Massey Road is proposed to be part of a collector roadway network consisting of Woodcrest Road, Massey Road, and Treefarm Road. It will be a two -lane collector road upon adoption of the facility proposal. Vanderbilt Beach Road Extension Vanderbilt Beach Road Extension is under study for improvement into a east -west four -lane divided roadway facility under county jurisdiction, TRAFFIC VOLUMES VanasseDaylor reviewed available data and model projections to estimate background and future traffic volumes for the study area. Data reviewed included Collier County 2010 and 2020 Financially Feasible Model from Florida Standard Urban Transportation Model Structure (Collier FSUTMS), Collier County Transportation Planning Deartment 2004 Traffic Count Repoli (Collier 2004 Counts), and Collier County Concurrence Segments Tables dated September 21, 2005. Several meetings have been held with the Collier County Transportation Department staff in order to agree to and define a methodology to estimate the diversion of existing trips from Tr farm Road ZTIS 3 I: \ProjectNB0B\ 80888 \Traffic\BOB88— TIS_004.doc Agenda Item No. 17G April 24, 2007 Page 124 of 174 Immokalee Road and Collier Boulevard (CR 951) onto the proposed collector network. The capacity, volumes (FSUTMS Peak Season Peak Hour Directional), ADT, and directional factors were provided by the County Staff. The Traffic Shift Methodology from Report 365 Travel Estimation Techniques for Urban Planning of the National Cooperative Highway Research Program was used as an approach method to calculate the future network projected background traffic. The Bureau of Public Road (BPR) and Spiess formulae were also used to assign traffic. These equations utilize the v/c ratios as input parameter in the assignment process. Waldrop's equilibrium assignment was used to find convergence of iterations. Travel time was selected as convergence criteria ( <_5 %). Mobility directional patterns and traffic volume balance at outside cross sections were therefore preserved into the analysis. One -Hurd of the Heritage Bay development trips were included in the analysis. The Appendix contains copies of the applicable data used. Exhibit 2 shows these links in the study area, along with the studied existing intersections and proposed site accesses. Committed Roadway Improvements Roadway improvements are constructed in order to help alleviate current area road deficiencies and to support future area development. For purposes of this study, knowing that a roadway improvement is `committed" means that the characteristics of the higher -level facility may be used in the reserve capacity estimates. Roadway improvements that are currently, under construction, or are scheduled to be. constructed within the FY 2004 to FY 2006 time frame were considered to be committed improvements. These were identified in the Collier County Transportation hnprovement Plan Year 2002/2003- 2007/2012. The committed improvements that could affect the area include: Collier Boulevard: * 6 -lane expansion from Immokalee Road to Golden Gate Boulevard beginning 2005; and * 6 -lane expansion from Golden Gate Boulevard to Green Boulevard beginning 2007. Immokalee Road: * 6 -lane expansion from US 41 to 1 -75 in 2005; * 6 -lane east of 1 -75 to CR 951 beginning 2006; and * 6 -lane east of CR 951 to east of Oil Well under construction. Vanderbilt Beach Road Extension to Wilson Boulevard. Study to commence in 2004. Treefarm Road ZTIS 4 I:% Projeccs180818088 @%Traffic%80888_TIS_004.doc Agenda Item No. 17G April 24, 2007 Page 125 of 174 PROJECTED TRAFFIC TRIP GENERATION Site - generated trips were estimated using Tnstitute of Transportation Engineers (ITE) Tt7D Generation (7`h Edition), in accordance with current Collier County policy, The following trip generation formulas were used: Single - Family Detached Housing (LU 210): Multi- family /Townhouse (LU 230): ADT: Ln(T) = 0.92 Ln(X) + 2,71 ADT: Ln (T) = 0.85 Ln (X) + 2.55 AM Peak Hour: T = 0.70(X) + 9.43 AM Peak Hour: Ln (T) = 0.80 Ln (X) + 0.26 PM Peak Hour: Ln(T) = 0.90 Ln(X) + 0.5 PM Peak Hour: Ln (T) = 0.82 Ln (X) + 0.32 Table 1 summarizes the trip generation calculations for this development, TABLE I SITE - GENERATED TRIP ESTIMATES AM Peak PM Peak LAND USE Size Unit ADT Total Enter E? ui Total Enter Exlt .. _.. Single Family (LU 210);, ... .. _... ...49 ... - ..DU • 539 44 . Al 33• 56 35 21 - - Resldential Condominium/ Townhouse (LU 230): 171 DU 1,013 79 13 66 93 62 31 220 1,552 123 24 99 149 97 52 Totals TRIP DISTRIBUTION AND ASSIGNMENT The pattern of site traffic distribution is based on locations of generators in the area surrounding the project. Table 2 presents the assumed distribution. Exhibit 3 graphically presents the same data. Treefarm Road ZTIS 5 1;1ProlKts1 808 \80888NTraKc \80888_TIS_004.doc Agenda Item No. 17G April 24, 2007 Page 126 of 174 TABLE 2 TRIP DISTRIBUTION Distribution Percentaee Immokalee Road West of Collier Boulevard (CR 95 1) 35% Immokalee Road East of Woodcrest Road 10% Collier. Boulevard (CR 95 1) South of Immokalee Road 35% Collier Boulevard (CR 951) South of Treefarm Road 45% Collier Boulevard (CR 95 1) South of Vanderbilt Beach Road 25% Vanderbilt Beach Road W of Collier Boulevard (CR 95 1) 20% Vanderbilt Beach Road East of Massey Road 10% Exhibits 4 and 5 present the proposed entering and exiting site generated traffic in the AM and PM Peak Hours for the Project Access Point on the Treefarm Road intersection and on the studied intersections. PROJECTED BACKGROUND AND TOTAL TRAFFIC VOLUMES Two different methodologies were used to calculate the Background traffic volumes. The first method used background traffic volumes, which were developed with above mentioned shifting methodology. Exhibit 6 and 7 .present the AM and PM background traffic data .used. in this report respectively. The AM background traffic is the reverse-reciprocal PM background traffic." Total traffic is calculated as the sum between background traffic and site - related traffic assigmnent. Exhibit 8 and 9 present the AM and PM total traffic respectively. Table 3 contains Background traffic data with the shifting method, These volumes were used into the intersection analysis presented else where in this report. Treafarm Road ZTIS 6 h \Prolecc \808 \808881Traffic\80888 TIS_004.doc YT17tq=IKI Background Traffic Data Based on Shifting Method of the Background Traffic Link From To Collier Boulevard Immokalee Road Treefarm Road Collier Boulevard Treefarm Road Vanderbilt Beach Road Collier Boulevard Vanderbilt Beach Road Golden Gate Boulevard Immokalee Road Logan Boulevard Collier Boulevard Immokalee Road Collier Boulevard Woodcrest Road Immokalee Road Woodcrest Road Wilson Boulevard Vanderbilt Beach Road Logan Boulevard Collier Boulevard *Vanderbilt Beach Rd Ext. Collier Boulevard Massey Road *Woodcrest Road Immokalee Road Treefarm Road *Treefarm Road Collier Boulevard Woodcrest Road *Massey Road Treefarm Road Vanderbilt Beach Rd Ext. w from the Background traffic count study "Diversion trip traffic analysis from CR 951 to New Woodcrest Road - Treefarm Road - Massey Road Collector Network Report" Agenda Item No. 17G April 24, 2007 Page 127 of 174 PK Hr Dir Traffic BKGD 930 1,170 1,130 2,060 1,985 2,140 385 315 360 205 315 The second method used the Specific Link volume data were provided by the Collier County Transportation Department. These link volumes consisted of recorded directional Peak Hour volumes and "banked' trips that were assigned to the links for previously approved developments (see The Appendix - Concurrency Segment Tables dated September 21, 2005 ). This is the methodology that is currently in use by Collier County for tracking the availability of .• reserve capacity on specific roadway links as part of their concurrency management efforts. No growth projections were computed as directed by Collier County staff. Table 4 presents the background traffic data based on the Concurrency Segment Table data. Treefarm Road ZTIS 7 I: SProjects1808 \80888tTraffic\80888_TIS_004.doc TABLE 4 Background Traffic Data Based on the Concurrency Segment Table 9/2112005 Link From To Collier Boulevard Immokalee Road Treefarm Road Collier Boulevard Treefarm Road Vanderbilt Beach Road Collier Boulevard Vanderbilt Beach Road Golden Gate Boulevard Immokalee Road Logan Boulevard Collier Boulevard Immokalee Road Collier Boulevard Woodcrest Road Immokalee Road Woodcrest Road Wilson Boulevard Vanderbilt Beach Road Logan Boulevard Collier Boulevard *Vanderbilt Beach Rd Exc. Collier Boulevard Massey Road *Woodcrest Road Immokalee Road Treefarm Road *Treefarm Road Collier Boulevard Woodcrest Road *Massey Road Treefarm Road Vanderbilt Beach Rd Ext. * from the Background traffic count study "Diversion trip traf c analysis from CR 951 to New Woodcrest Road-Treefarm Road - Massey Road Cotlector Network Report" ANALYSES CAPACITY AND LEVEL OF SERVICE Significance Test Agenda Item No. 17G April 24, 2007 Page 128 of 174 PK Hr Dlr Traffic BKGD 1,813 1,813 1,813 2,435 1,727 1,727 934 190 360 205 190 According to Collier County Land Development Code (LDC) Section 3.15.6.4.3: "Significance Test: Impact for the Impact traffic analysis purposes for a proposed development project will be considered significant: 1. on those roadway segments directly accessed by the project whore project traffic is equal to or greater than 3% of the adopted LOS standard service volume; 2. for those roadway segments immediately adjacent to segments which are directly accessed by the project where project traffic is greater than or equal to 3% of the adopted LOS standard service volume; or 3. for all other adjacent segments where the project traffic Is greater than 5% of the adopted LOS standard service volume. Once traffic from a development has been shown to be less than significant on any segments using the above standards, the development's Impact is not required to be analyzed further on any additional segments." Treefarm Road ZTIS 8 I: \Projects 8 0 818 08 8 8 \TrafRc\80888_TIS_004.doc Agenda Item No. 17G April 24, 2007 Page 129 of 174 In other words, a project will have a significant and adverse impact on a state or regionally significant roadway only if both of the following criteria are met: (1) the project will utilize 3 percent or more of the maximum peak hour service volume at the adopted level of service standard for the adjacent and next to adjacent link, 5 percent for the other links; and (2) the roadway is projected to operate below the adopted level of service standard. Significance was estimated according to Collier County's 3/3/5 rule, and the links were evaluated to determine whether projected operation would be within County standards. The data resources used for this analysis are shown in the Appendix. Table 5 presents the significance test results. TABLES SIGNIFICANCE TEST AM PEAK HOUR PM PEAK HOUR 3 AM Peak Project PM Peak Project ROADWAY Peak AUIR Project Traffic as % Project Traffic as % Dir. LOS Std Traffic of LOS Std Traffic of LOS Std WB 3,790 2 0.1% Immokalee Road East of Woodcrest Road EB 3,790 5 0.1% Immokalee Road West of Collier Boulevard (CR WB 3,250 35 1.1% 951) ED 3,250 34 1.0% Collier Boulevard (CR 95 1) South of Immokalee SB 3,300 8 0.2% Road NB 3,300 18 0.5% Collier Boulevard (CR 951). South of Treefarm _ SB 3,300 45 14% Road NB 3,300 44 1.3% - Collier Boulevard (CR 5S 1) South of Vanderbilt SB 3,300 25 0.8% Beach Road NB 3,300 24 0.77 WB 860 79 9.2% Treefarm Road West of Main Project Access E0 860 78 9.1% WB 860 5 0.6% Treefarm Road East of Main Project Access Ee 860 10 1.21 Vanderbilt Beach Road West of Collier Boulevard WB 1,810 20 1.1% (CR 95 1) GB 3,600 19 0.5% The analysis shows that Treefarm Road West of the Main Site Access is the only link projected to have site - generated trip volumes greater than 3 percent of the SF,,,nx. Projected background volumes on all other segments are not significant. The estimated site- generated volumes on Collier Boulevard south of Vanderbilt Beach Road and on In3mokalee Road East of Woodcrest Treefarm Road Z71S 9: 1Projects180B�808861Traf8c180888 _T1S_00 -0.doc 3 L Agenda Item No. 17G April 24, 2007 Page 130 of 174 Road are projected to be de minimus (<1 percent). The estimated site - generated volumes on the remaining studied links are projected to be greater than de minimus but not significant. Intersection capacity analyses were therefore limited to the Collier Boulevard & Treefarm Road intersection and the main access on Treefarm Road. Link analyses were limited to Collier Boulevard between Immokalee Road and Vanderbilt Beach Road, and Collier Boulevard south of Vanderbilt Beach Road. Unk Analyses Link Levels of Service were evaluated for both Background and Total Traffic conditions for this phase. The Performance Standard Maximum Service Flow rates (SF ,,,nx) for Immokalee Road and Collier Boulevard were provided by the Collier County Transportation Planning Departmcnt with the Concurrency Segment data. Copies of these data are contained in the Appendix. Table 6 presents the projected Peak Hour Link Volumes using Shifting Method of Background Traffic and Table 7 presents the same using Concurrency Segment Table 09/21/2005. Exhibits 8 and 9 show the Total AM and PM Peak Hour Traffic. TABLE 6 Link LOS Analysis Results Based on Shifting Method of the Background Traffic - - - _ -- - PK Hr Dir Traffic W /In SFMAX? Link ECOm TQ BK.M Site Total SFMAX BKGD Total Collier Boulevard Immokalee Road Trcefarm Road 930 18 948 3,300 Y Y Collier Boulevard Treefarm Road Vanderbllt Beach Road 1,170 44 1,214 3,300 Y Y Collier Boulevard Vanderbilt Beach Road Golden Gate Boulevard 1,130 24 1,154 3,300 Y Y Treefarm Road ZTIS 10 1:\ Projects\ 808 \80888 \Traffic \80888_71 S_004,doc Agenda Item No. 17G April 24, 2007 Page 131 of 174 TABLE 7 Link LOS Analysis Results Based on the Concurrency Segment Table 9!2112005 The Link LOS analyses based on both the Shifting Method and the Concurrency Segment Tables method result that no roadway segment are projected to operate below the performance standard maximum service flow rates under background and total traffic conditions. Intersection Capacity Analyses Since intersection operations typically have a greater impact on corridor operations than the capacities of the roadway links, additional analyses were conducted on key intersections in the Area of Influence. These selection process was based primarily on the relationships between the significant links and proximity to the site. The scope of the analyses was limited to the Collier Boulevard & Treefarm Road intersection and the main site access on Treefarm Road. The intersection analyses for buildout conditions were completed using SYNCHRO® 6.0 computer modeling software, which emulates HCM 2000. The Level of Service results are presented in Table 8 for AM and PM Peak Hour Background and Total Traffic conditions. See Appendix for the SYNCHRO® 6.0 computer printouts. Treefarm Road ZTIS 1 I 1: 1Prolects\ 808180BBSITraffic 1B0888_TIS_004,doc PK Hr Dir Traffic W /In SF� I Link From To BKGD $1te lo cal Sfp RKGQ, JoW Collier Boulevard Immokalee Road Treefarm Road 1,013 18 1,831 3,300 Y Y Collier Boulevard Treefarm Road Vanderbilt Beach Road 1,813 44 1,857 3,300 Y Y Collier Boulevard Vanderbilt Beach Road Golden Gate Boulevard 1,813 24 1,837 3,300 Y Y The Link LOS analyses based on both the Shifting Method and the Concurrency Segment Tables method result that no roadway segment are projected to operate below the performance standard maximum service flow rates under background and total traffic conditions. Intersection Capacity Analyses Since intersection operations typically have a greater impact on corridor operations than the capacities of the roadway links, additional analyses were conducted on key intersections in the Area of Influence. These selection process was based primarily on the relationships between the significant links and proximity to the site. The scope of the analyses was limited to the Collier Boulevard & Treefarm Road intersection and the main site access on Treefarm Road. The intersection analyses for buildout conditions were completed using SYNCHRO® 6.0 computer modeling software, which emulates HCM 2000. The Level of Service results are presented in Table 8 for AM and PM Peak Hour Background and Total Traffic conditions. See Appendix for the SYNCHRO® 6.0 computer printouts. Treefarm Road ZTIS 1 I 1: 1Prolects\ 808180BBSITraffic 1B0888_TIS_004,doc TABLES INTERSECTION CAPACITY ANALYSIS RESULTS Background Traffic without New collector roadway network Background Traffic with New Collector roadway network Agenda Item No. 17G April 24, 2007 Page 132 of 174 Total Traffic * Denotes unsignalized intersection Linder projected background traffic conditions, the unsignalized intersection capacity analyses found that the westbound approach of the Collier Boulevard & Treefarm Road intersection was projected to exhibit poor service levels. This is typical for unsignalized side- street STOP - controlled intersections having relatively high main street through volumes and side - street left turning volumes. The westbound left- turning volume is high enough (185 vph during the AM peak) to warrant westbound exclusive left turn lane on Treefarm Road and meet the Peak Hour traffic signal warrant. Signalizing this intersection is recommended. The signalization can increase the quality of traffic operations at this intersection to LOS A for during the AM and PM peaks hours. This improvement is non site - related improvement because is required for the background traffic conditions without Treefarm project Development. A yearly monitoring program is strongly suggested at this intersection, to determine if and /or when traffic warrants could be met. Treefarm Road ZTIS 12 I: 1Prolects18 0 81 80 8 8 81Tra(fic180888_TIS_004.doc Delay sedveh. Delay sedveh. LOS Delay sedveh, intersection LOS LOS Collier Boulevard (CR 95 1) AM F *(way 212 A 7 A 9 & Treefarm Road Extension PM F *(wBL) 355 A 8 B 10 Treefarm Road & Main AM n/a - n/a - A 9 Access* PM n/a n/a - _ A 9 * Denotes unsignalized intersection Linder projected background traffic conditions, the unsignalized intersection capacity analyses found that the westbound approach of the Collier Boulevard & Treefarm Road intersection was projected to exhibit poor service levels. This is typical for unsignalized side- street STOP - controlled intersections having relatively high main street through volumes and side - street left turning volumes. The westbound left- turning volume is high enough (185 vph during the AM peak) to warrant westbound exclusive left turn lane on Treefarm Road and meet the Peak Hour traffic signal warrant. Signalizing this intersection is recommended. The signalization can increase the quality of traffic operations at this intersection to LOS A for during the AM and PM peaks hours. This improvement is non site - related improvement because is required for the background traffic conditions without Treefarm project Development. A yearly monitoring program is strongly suggested at this intersection, to determine if and /or when traffic warrants could be met. Treefarm Road ZTIS 12 I: 1Prolects18 0 81 80 8 8 81Tra(fic180888_TIS_004.doc Agenda Item No. 17G April 24, 2007 Page 133 of 174 Collier Boulevard & Treefarm Road Left Turn AnaIXsis (Southbound Approachl Collier Boulevard was considered a multilane roadway facility for purpose of this analysis. Based on this information, a southbound left turn lane would be required at the Collier Boulevard & Treefarm Road intersection. Under background traffic conditions the SYNCHROO queue analysis indicates that a storage length 23 foot is needed. The FDOT MUMS recommends a 50- foot minimum turn lane length. The southbound left turn lane should be 235 feet long (50 feet storage length + 185 foot deceleration lane with 50 foot taper) to accommodate projected background traffic. Under site - generated traffic conditions the SYNCHRO® queue analysis computed a 47 foot ` storage length which can be accommodated by the 235 foot southbound left turn lane recommended for background traffic. Westbound Approach Analysis Under background conditions, the westbound left turn volumes are projected to be 185 vplr and 180 vph during the AM and PM Peak Hours respectively and the right turn volumes are projected to be 20 vph and 10 vph in the same periods. Based on this information, a westbound left turn lane is not projected to meet warrants at the Collier Boulevard & Treefarm Road ' intersection. It is recommended this approach should be maintained as a shared left/right lane. Right Turn Analysis (Northbound Approachl The northbound right turn volume, under background condition, is projected to be 180 and 185 vph during the AM and PM Peak Hours respectively. The SYNCHRO® queue analysis indicates that a storage length of 33 foot is needed. The MOT MUMS recommends a 50 -foot minimum turn lane length. The northbound right turn lane should be 235 feet long (50 foot storage + 185 deceleration lane with taper) to accommodate projected background traffic. Treefarm Road ZTIS 13 I: \Prolecu\ 808\ 808881Traffic \BOBBB_TIS_OO4.40c Agenda Item No. 17G April 24, 2007 Page 134 of 174 Under site generated traffic conditions the SYNCHRO® queue analysis computed a 38 foot storage length which can be accommodated by the 235 foot northbound right turn lane recommended for background traffic. SITE ACCESS ANALYSES Site Access analyses were completed utilizing SYNCHROO software and applied to Build -out year total traffic The appendix contains the SYNCHRO® computer printouts. The purpose of these analyses is to evaluate the operational characteristics and needs of the site accesses, and to recommend access point locations. It was recognized during the study process the need for, and length of need of, turn lanes, and how those lengths of need would interact with neighboring intersections and improvements, would affect the recommended intersection configurations. Four parameters were used in order to reach the recommendations: current land uses in the area, traffic volumes, the capacity analysis results, and the turn lane length of need analysis results. According to the Collier County Right -of Way Ordinance #2003 -37, left turn lanes must be provided whenever the left turn volume into a development is two percent (2 %) of the Level of Service "C" daily volume or whenever the highest hourly volume of turning movement is 20 vehicles or more if the facility is two -lane roadway. The same ordinance establishes that right turn lanes must be provided whenever the right turn volume into a development is four percent (4 %) of the Level of Service "C" daily volume or whenever the highest hourly volume of turning movement is 40 vehicles or more. For multilane divided roadways, left turn lanes must be provided at median openings on multilane highways. Right turn lanes must be provided on all driveways accessing multilane highways. The FDOT Index 301 and Figure 3.15 of the Manual of Uniform Minimum Standards were used for conceptual geometric design (see Appendix). In another words 20 veh/lu and 40 veh/hr are thresholds for two roadway facilities, which establish the necessity to left or right turn lane. Multilane roadways always have right turn lanes and left turn lanes at median openings. Treerarm Road ZTIS 14 I: \Projects\ 80 818 0 8 8 8 1Traffic1B0888_TIS_004.doc Agenda Item No. 17G April 24, 2007 Page 135 of 174 Collier County uses the roadway posted speed as the turn lane design speed. According to FDOT Index 301, the deceleration lane length for a 45 mph posted speed is 185 feet. The turn lanes on Collier Boulevard and Irmnokalee Road should therefore be furnished with 185 -foot deceleration lanes in addition to the applicable storage lanes. For two lane roadway facilities as Treefarm Road, Woodcrest Road and Massey Road the deceleration lane is 145 feet long. FDOT manual on Uniform Minimum Standards recommends a 50 -foot minimum storage length for left turn lanes. Access Point Location The access should be located on Treefarm Road, approximately 0.5 mile east of Collier Boulevard (CR 95 1) & Treefarn Road intersection centerline. Caoaclty AnalXses The project is proposed to have one access on Treefarm Road. This access was evaluated to determine the projected intersection operations during the AM and PM Peak Hours. The Unsignalized Intersection analysis clearly indicated that side -street STOP - controlled intersection operation is projected to provide acceptable operational characteristics for traffic trying to exit or entering the site (9 sec /veh delay). Left Turn Analysis (Westbound Approach) This project is expected to generate 5 and 19 vph westbound left turning movements during the AM and PM Peak Hours respectively, which is below the 20 vph threshold value, A westbound left turn will not be recommended for the site access, Right Turn Analysis (Eastbound Approach) This project will generate 19 and 78 eastbound right turns during the AM and PM Peak Hours respectively. Based on this information the number of right turning trips will exceed the 40 VPH threshold value. For this reason, an eastbound right turn lane will be warranted on Treefarm Road at the Site Access. The SYNCHROO queue analysis indicates that a storage length of 0 foot is needed. Since this is an unsignalized free flow approach, storage is unnecessary. This proposed right turn lane should be 145 feet long (145 foot deceleration lane with 50 foot taper). Treefarm Road ZTIS Is 1;\ Prolactsk808 \80800\Traf6c\80888_TIS_004.doc Agenda Item No. 17G April 24, 2007 Page 136 of 174 Access Drive Lane Configuration Analysis (Northbound Approach) The northbound access lane configuration consists of a shared left and right turn lane. At least 145 feet of storage should be provided before the first side street access opening, in order to prevent queue blockage. IMPROVEMENTS ANALYSIS Because many of the analyses were addressed in previous sections, this improvement analysis section will be limited to a conclusive narrative. As shown in Tables 6 and 7, the levels of service for all links in the area of the project will meet the level of service standards computed by the AGAR Tables for the AM and PM Peak Hours with Buildout Year Total Traffic, A new collector roadway network is proposed consisting of Treefarm Road, Woodcrest Road, and Massey Road, as 2 -lane collector roads. Vanderbilt Beach Road Extension is assumed to be a 4 -lane divided roadway facility. These roadways are located in the southeast quadrant of the Inmrokalee Road & Collier Boulevard (CR 95 1) intersection. hnmokalee..Road & Woodcrest Road and Collier Boulevard & Treefarm Road intersections should be signalized and other improvements such as right and left turn lanes as defined in the appendix should be constructed in order to reduce congestion and achieve the Level of Service standards that make possible adequate traffic operations. These are non -site related improvements. Treefarm Road ZTIS 16 1:1Projmu\ 808 \80888\Trakc180888_TIS_004.doc Agenda Item No. 17G April 24, 2007 Page 137 of 174 MITIGATION OF IMPACT The eventual lane configuration of the unsignalized full movement access point on Treefarm Road could be: • Eastbound approach one exclusive right turn lane (145 foot long) The developer has entered into a Developer Contribution Agreement with Collier County for right -of -way and construction of the New Collector Network. The developer proposes to pay the appropriate Collier County Road Impact Fees. The developer also proposes to construct the site - related improvements identified at the site accesses. Treefarm Road ZTIS 17 1:Trojects1808%08BB\Traf ic180888_TIS_004.doc c a 8 � N grynb ELL m m b D N D C z s b C D Y0R p W8g � L cQ td o� o� - O a � N M W Qm ry i 3 c a 8 � N grynb ELL m m b D N D C z s b C D Y0R p W8g � L cQ td i Agenda Item No. 17G April 24, 2007 Page 139 of 174 ORDINANCE NO. 07 - 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 TI4E 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 SUBJECT REAL PROPERTY FROM THE AGRICULTURAL (A) ZONING DISTRICT TO RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR A PROJECT KNOWN AS THE BUITONWOOD PRESERVE RPUD LOCATED SOUTH EAST OF IMMOKALEE ROAD (CR 846) AND COLLIER BOULEVARD (CR 951) INTERSECTION ON TREF. FARM ROAD APPROXIMATELY 0.7 MILES EAST OF COLLIER BOULEVARD, IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 55 ± ACRES; AND BY PROVIDING AN EFFECTWE DATE. WHEREAS, D. Wayne Arnold, AICP of Q. Grady Minor & Associates P.A, representing Elias Brothers Communities Two, Inc., petitioned the Board of County Commissioners to change the zoning classification of the subject real property Icnown as petition PUD - 2006 -AR -8997. NOW, THEREFORE, BE IT ORDAINED BY TILE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 35, Township 48 South, Range 26 East, Collier County, Florida, is changed from the Agricultural (A) Zoning District to a Residential Plamred Unit Development (RPUD) Zoning District in accordance with the Buttonwood Preserve RPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas, map or maps as described in Ordinance Number 2004.41, as amended, tyre Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by super majority vote of the Board of County Commissioners of Collier County, Florida, this day of 2007. PU024006 -AR -8997 PRge 1 Oft Ordinenoo ATTEST: DWIGHT E. BROCK, CLERK DEPUTY CLERK Approved as to form and legai sufficiency Agenda Item No. 17G April 24, 2007 Page 140 of 174 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES COLETTA, CHAIRMAN M ali ie M. Student - Stirling Assistant County Attorney PIJDZ- 2006- AR- 8997/MD /sp PUD7.2006 -AR- M Pegs 2 or2 O,di ... n Agenda Item No. 17G April 24, 2007 Page 141 of 174 BUTTONWOOD PRESERVE Q RESIDENTIAL PLANNED UNIT DEVELOPMENT 55± Acres Located in Section 35 Township 48 South, Range 26 East, Collier County, Florida PREPARED FOR: ELIAS BROTHERS COMMUNITIES TWO, INC. 1500 Collier Boulevard Naples, Florida 34119 PREPARED BY: Q. GRADY MINOR & ASSOCIATES, P.A. 3800 Via Del Rey Bonita Springs, Fl 34134 (239) 947 -1144 (239) 947 -0375 Fax and GOODLETTE COLEMAN AND JOHNSON, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34104 (239) 435 -3535 (239) 435 -1218 DATE FILED DATE APPROVED BY CCPC DATE APPROVED BY BCC _ ORDINANCE NUMBER EXHIBIT "A" Agenda Item No. 17G April 24, 2007 Page 142 of 174 TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & 1 -1 GENERAL DESCRIPTION SECTION 11 PROJECT DEVELOPMENT 2 -1 SECTION III RESIDENTIAL 3 -1 SECTION IV RECREATION 4 -1 SECTION V PRESERVE 5 -1 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6 -1 Agenda.BCCAGENDA.32494 II Agenda Item No. 17G April 24, 2007 Page 143 of 174 LIST OF EXHIBITS EXHIBIT A BUTTONWOOD PRESERVE RPUD MASTER PLAN EXHIBIT B BOUNDARY SURVEY EXHIBIT C LOCATION MAP TABLE I DEVELOPMENT STANDARDS Buttonwood Preserve RPUD - AR- 8997(3- 23- 07).doc 111 TRFPUD Agenda Item No. 17G April 24, 2007 Page 144 of 174 STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of the developer, to create a Residential Planned Unit Development (RPUD) of 220 units on 55± acres of land located in Section 35 Township 48 South, Range 26 East, Collier County, Florida. The name of this Residential Planned Unit Development shall be Buttonwood Preserve RPUD. The development of Buttonwood Preserve RPUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan (GMP). The development will be consistent with the growth policies and land development regulations adopted pursuant to the GMP, Future Land Use Element (FLUE) and other applicable regulations for the following reasons: The entire 55± acres of the subject property is within the (Urban Mixed Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map of the FLUE. The purpose of the Urban Residential Subdistrict is to provide for a variety of residential and mixed -use developments such as Planned Unit Developments. 2. The proposed residential density of the Buttonwood Preserve RPUD is 4 dwelling units per acre and is consistent with the maximum density permitted by the FLUE Density Rating System and is therefore consistent with FLUE Policy 5.1. A maximum of 220 residential dwelling units are permitted within the PUD. The Buttonwood Preserve RPUD is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 4. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 5. The development of the Buttonwood Preserve RPUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1. of the FLUE. 6. The Buttonwood Preserve RPUD is a residential community, and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code (LDC), Residential Planned Unit Development District. 7. The Buttonwood Preserve RPUD is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. 8. Objective 7 and its implementing policies 7.3 and 7.4 of the FLUE, encourage smart growth initiatives such as project interconnection and creation of walkable communities. The developer has explored project interconnection and it is not Buttonwood Preserve RPUD - AR- 8997(3- 23 -07).doc iv TRFPUD Agenda Item No. 17G April 24, 2007 Page 145 of 174 feasible for this infill project given the existing development to the south and east, and recent zoning to the west. The Buttonwood Preserve RPUD will provide an internal pedestrian network with connection to Tree Farm Road, which is consistent with FLUE Policy 7.4. 9. All final local development orders for this Project are subject to the Collier County adequate public facilities provisions of the LDC. Buttonwood Preserve RPUD - AR- 8997(3- 23 -07).doc V TRFPUD Agenda Item No. 17G April 24, 2007 Page 146 of 174 SHORT TITLE This ordinance shall be known and cited as the 'BUTTONWOOD PRESERVE RESIDENTIAL PLANNED UNIT DEVELOPMENT ORDINANCE ". Buttonwood Preserve RPUD - AR-8997(3-23-07).doc Vl TRFPUD Agenda Item No. 17G April 24, 2007 Page 147 of 174 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the Buttonwood Preserve RPUD, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE N 1/2 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 89 °57'27" WEST ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35, FOR A DISTANCE OF 1321.78 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF HEREIN DESCRIBED ;THENCE RUN SOUTH 02 °17'13" EAST, ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35, FOR A DISTANCE OF 639.17 FEET TO THE NORTHWEST CORNER OF TRACT FD10 OF VANDERBILT COUNTRY CLUB -2 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 32 AT PAGES 42 THROUGH 55 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE CONTINUE SOUTH 02 017'13" EAST ALONG THE WEST LINE OF SAID TRACT FD10, FOR A DISTANCE OF 669.14 FEET; TO THE SOUTHWEST CORNER OF SAID TRACT FD10; THENCE RUN SOUTH 89 °56'23" WEST ALONG THE NORTH LINE OF SAID TRACT FD10, A DISTANCE OF 1,322.09 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35; THENCE RUN NORTH 02 °16'23" WEST ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35, FOR A DISTANCE OF 669.37 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35; THENCE RUN SOUTH 89 054'32" WEST ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35, FOR A DISTANCE OF 990.00 FEET TO THE SOUTHWEST CORNER OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE RUN NORTH 02 °18'34" WEST ALONG THE WEST LINE OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35 FOR A DISTANCE OF 640.15 FEET TO A POINT 30.00 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE RUN NORTH 89 057'23" EAST, PARALLEL WITH THE NORTH LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35, FOR A DISTANCE OF 990.43 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID -- SECTION 35; THENCE RUN NORTH 02 °16'23" WEST, ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35, FOR A DISTANCE OF 30.06 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 35; THENCE RUN NORTH 89 °57'23" EAST, ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35, FOR A DISTANCE OF 1,321.79 FEET Agenda WCAGENDA.32494 1 -1 TFRPUD Agenda Item No. 17G April 24, 2007 Page 148 of 174 THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 55.119 ACRES, MORE OR LESS. 1.3 PROPERTY OWNERSHIP Elias Brothers Communities Two, Inc. 15100 Collier Boulevard Naples, Florida 34119 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Section 35 Township 48 South, Range 26 East Collier County, Florida. The site is generally located south east of the Immokalee Road and Collier Boulevard intersection on Tree Farm Road approximately 0.7 mile east of Collier Boulevard. Access to the site is intended to be from Tree Farm Road. B. The zoning classification of the subject property at the time of RPUD application is A, Rural Agriculture. C. Elevations within the site are approximately 12.5' above MSL. Per FEMA Firm Map Community No. 120067, Panel No. 415 D, dated June 3, 1988, the Buttonwood Preserve RPUD property is located within Zone "X" of the FEMA flood insurance rate map. D. The site has been altered extensively through past agricultural uses. Areas of native vegetation have been identified as Preserves on the Conceptual Master Plan. E. The soil types on the site generally include Pineda- Boca - Hallandale. This information was derived from the Soil Survey of Collier County, Florida, 1998. F. The property is located in the 951 Canal North Basin of the Collier County Drainage Atlas. 1.5 DENSITY A. Acreage of the Buttonwood Preserve RPUD is approximately 55+ acres and the number of dwelling units authorized to be built pursuant to this RPUD is a maximum of 220. The gross project density, therefore, will be a maximum of 4 units per acre. Agenda.BCCACENDA.32494 1 -2 TFRPUD SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE Agenda Item No. 17G April 24, 2007 Page 149 of 174 The purpose of this Section is to generally describe the plan of development for the Buttonwood Preserve RPUD, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Buttonwood Preserve RPUD will be developed as a residential community which may feature a mix of residential dwelling types, and accessory recreational amenities. B. The Conceptual Master Plan is illustrated graphically as Exhibit "A ". A Land Use Summary indicating approximate land use acreage is shown on the plan. The Master Plan is conceptual, and the location, size, and configuration of individual tracts and water management facilities shall be determined at the time of final site development plan and /or preliminary subdivision plat approval with minor adjustments at the time of final plat approval, in accordance with the LDC. TYPE ACREAGE Residential R1 Single family / Two family 9.57± R2 Multi- family / Town home 11.64± Recreation Area ROW Lakes Buffers / Other Open Space Preserves 0.88± 5.73± 7.20± 6.53± 13.45± TOTAL ACRES 55± C. Access to the property shall be from Tree Farm Road. D. The project shall be served with centrally provided potable water, sanitary sewer, electrical power and telephone. Additional services shall be provided as deemed appropriate. Agenda.ECCAGENDA.32494 2 -1 TFRPUD Agenda Item No. 17G April 24, 2007 Page 150 of 174 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of the Buttonwood Preserve RPUD shall be in accordance with the contents of this RPUD Ordinance and applicable sections of the LDC and the GMP in effect at the time of approval of the development order or orders to which these regulations relate. Where this RPUD Ordinance does not provide developmental standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. Where specific standards are specified in this RPUD, these standards shall prevail over those in the LDC. B. Development permitted by the approval of this PUD will be subject to the adequate public facilities provisions of the LDC. C. Unless a deviation is approved as part of this RPUD or by subsequent request, the provisions of other sections of the LDC remain in effect with respect to the development of the land which comprises this RPUD. D. All conditions imposed herein or as represented on the Buttonwood Preserve Conceptual Master Plan are part of the regulations which govern the manner in which the land may be developed. E. The subdivision requirements of the LDC shall apply to the Buttonwood Preserve PUD, except where a deviation is approved as part of this RPUD, or otherwise granted pursuant to the LDC. F. Recognizing that the plans for development of tracts have not been designated with a specific dwelling unit type, the type of dwelling unit which characterizes the initial development of any platted tract shall be carried out throughout the development of that entire tract. However, tracts platted for the purpose of establishing prototypical model homes shall not be required to develop with a single dwelling unit type. 2.4 ROADWAYS A. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise approved by a deviation, either by this RPUD, or approved during subdivision plat approval. The developer reserves the right to request substitutions to Code design standards in accordance with the LDC. In compliance with the LDC, the developer retains the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the developer on all privately owned and maintained project roadways and roadways built and /or maintained by the Buttonwood Preserve RPUD. Agenda.BCCAGENDA.32494 2 -2 TFRPUD Agenda Item No. 17G April 24, 2007 Page 151 of 174 2.5 DEVIATIONS FROM LDC A. Roadways within the Buttonwood Preserve RPUD shall be designed and constructed in accordance with the Construction Standards Manual and the LDC with the following substitutions: Streets and access improvements: 1. Street right -of -way width: Street right -of -way width: The minimum right -of -way width to be utilized for local streets and cul -de -sacs shall be fifty (50) feet. 2. Dead -end streets: Cul -de -sacs may exceed a length of one thousand (1,000) feet. The developer may be allowed to place landscaping, signage, lighting, water management facilities, berms, decorative walls and fences, utilities or decorative entry features within private rights -of -way within the project, subject to permitting agency approval. 2.7 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this RPUD Ordinance or the RPUD Master Plan as provided in the LDC. Minor changes and refinements as described herein may be made by the developer in connection with any type of development or permit application required by the LDC. 2.8 COMMON AREA MAINTENANCE Common area maintenance will be provided by the developer, or by a property owners' association. For those areas not maintained by the developer, the developer will create property owners' association or associations, whose functions shall include provisions for the perpetual maintenance of common facilities and open spaces. The developer or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and preserves serving the Buttonwood Preserve RPUD in accordance with the provisions of the LDC together with any applicable permits from the South Florida Water Management District. Agenda.BCCAGENDA.32494 2 -3 TFRPUD Agenda Item No. 17G April 24, 2007 Page 152 of 174 2.9 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted throughout the Buttonwood Preserve RPUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 4:1 2. Ground covered berms Perimeter 3:1 Internal to project 3:1 3. Bulkheads 2.10 FILL STORAGE Fill storage is generally permitted as a principal use throughout the Buttonwood Preserve RPUD during construction. The following standards shall apply: A. Stockpile maximum side slope 2:1, if protected by a six foot (6') high fence, otherwise a 4:1 side slope shall be required. B. Stockpile maximum height: Thirty feet (30'). C. Fill storage areas in excess of six feet (6') in height shall be located no closer than one hundred feet (100') from any existing residential unit or residential unit under construction. D. Soil erosion control shall be provided in accordance with the LDC. 2.11 DESIGN GUIDELINES AND STANDARDS A. The Buttonwood Preserve RPUD is a planned community and will be developed under unified control. The developer will establish design guidelines and standards to ensure a high and consistent level of quality residential units and related community features and facilities which include features and facilities such as landscaping, hardscapes, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms and other similar facilities. 2.12 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Buttonwood Preserve RPUD. General permitted uses are those uses which generally serve the developer and residents of Buttonwood Preserve RPUD and Agenda.BCCAGENDA.32494 2 -4 TFRPUD Agenda Item No. 17G April 24, 2007 Page 153 of 174 are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth in Section 2.01.03 of the LDC, which include but are not limited to water and sewer lines, telephone and cable services, electric transmission lines and the like. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. Fishing piers, community boat docks and similar structures are permitted within lake areas. 5. Agricultural uses. The property owner shall be entitled to utilize the property for agricultural uses through December 31, 2006, or until such time that the construction of infrastructure improvements commence in support of the residential development B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road - twelve feet (12') except for guard houses, gatehouses, fences /walls, and access control structures which shall have no required setback. 2.13 OPEN SPACE REQUIREMENTS The Buttonwood Preserve RPUD features a mix of residential dwelling unit types. A minimum of 60 percent of the overall gross project area shall be devoted to usable open space. 2.14 NATIVE VEGETATION REQUIREMENTS A minimum of 25% of the existing native vegetation shall be retained on -site. Approximately 46.5 acres of native vegetation exists on site; therefore, a minimum of 11.6 acres of native preserve area shall be provided. The master plan has also provided for additional preserve areas in the form of native and re- created preserves totaling approximately 13.45± acres. Agenda.➢CCAGENDA.32494 2 -5 TFRPUD Agenda Item No. 17G April 24, 2007 Page 154 of 174 2.15 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS The developer reserves the right to request substitutions to subdivision improvement and utility design standards in accordance with the Construction Standards Manual. Agenda.BCCAGEN DA, 32494 2 -6 TFRPUD SECTION III RESIDENTIAL «R', 3.1 PURPOSE Agenda Item No. 17G April 24, 2007 Page 155 of 174 The purpose of this Section is to identify permitted uses and development standards for areas within the Buttonwood Preserve RPUD designated on the Master Plan as "R ", Residential. 3.2 MAXIMUM DWELLING UNITS A maximum of 220 dwelling units may be constructed on lands designated "R ", Residential on the RPUD Master Plan. 3.3 GENERAL DESCRIPTION Areas designated as 'R," on the Master Plan are designed to accommodate a mix of residential dwelling types and general permitted uses as described by Section 2.12 of this Document, recreational facilities, essential services, and customary accessory uses. The approximate acreage of the area designated for residential development is indicated on the RPUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreage of all development tracts will be provided at the time of SDP or PSP approvals. Residential tracts are designed to accommodate internal roadways, open spaces, and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses — "R1" Areas: 1. Single- family dwellings. 2. Two - family and duplex dwellings. B. Principal Uses — "R2" Areas: - 1. Single - family dwellings, townhomes. 2. Two - family and duplex dwellings. 3. Multi family dwellings. Agenda.BCCAGENDA.32494 3 -1 TFRPUD Agenda Item No. 17G April 24, 2007 Page 156 of 174 C. Accessory Uses and Structures: 1. Model homes and model home centers including offices for project administration, construction, sales and marketing. 2. Recreational facilities such as parks, playgrounds, and pedestrian /bikeways. 3. Accessory uses and structures customarily associated with the principal uses permitted in this subdistrict, including but not limited to swimming pools, spas and screen enclosures, recreational facilities designed to serve the development, and essential services. 4. Guardhouses, gatehouses, and access control structures. 5. Community and neighborhood parks, boat docks and other recreational facilities. 6. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 3.5 DEVELOPMENT STANDARDS A. Table 1 sets forth the development standards for the land uses within the Buttonwood Preserve RPUD residential development area. B. Site development standards for single family, two- family, duplex, single - family attached and town home uses apply to individual residential lot boundaries. Multi- family standards apply to parcel boundaries. C. Standards for parking, landscaping (excluding landscape buffer width), signs and other land uses, where such standards are not specified herein, are to be in accordance with the LDC in effect at the time of SDP approval. Unless otherwise indicated, required yard, height, and floor area standards apply to principal structures. D. Development standards for uses not specifically set forth in this Section shall be in accordance with those standards of the zoning district which permits development that is most similar to the proposed use. E. Unless otherwise noted in Table 1, all yards are measured from property lines. Agmda.BCCAGENDA.32494 3 -2 TFRPUD Agenda Item No. 17G April 24, 2007 Page 157 of 174 TABLE BUTTONWOOD PRESERVE DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS PERMITTED USES AND STANDARDS Single Family Detached Two Family and Duplex Townhome Multi - Family Minimum Lot Area 5,000 SF 3,500-2 1,400 SF 9,000 SF Minimum Lot Width *3 42' 35' 16' 90' Minimum Lot Depth 100' 100' 88' 100' Minimum Yard *6 Principal Uses: Front 20' *6 20' *6 20' *6 20' *6 Side 6' 0' and 6' 0' and 6' *4 >10' Rear 15' 15' 15' 15' Waterbod 20' 20' 20' 20' Preserve 25' 25' 25' 25' Minimum Yard Accessory Uses: Front 20' *6 20' *6 20`6 1 20' *6 Side 6' 0' and 6' 0' and 6`4 >10' Rear 10' 10' 10' 10' Waterbod 20' 20' 20' 20' Preserve 10' 10' 10' 10' Maximum Building Height 35 feet 35 feet 45 feet not to exceed 3 stories 45 feet not to exceed 3 stories Minimum Distance Between Detached Principal Structures *5 12' 12' 12' >20' Floor Area Min. S.F. 1000 SF 1000 SF 1000 SF 750 SF All distances are in feet unless otherwise noted. `1 — Pdncipal and accessory structures on waterfront lots shall be permitted to be constructed up to, but not encroaching into a drainage easement, with a minimum setback of 20 feet from lake control elevation. *2 — Each half of a duplex unit requires a lot area allocation of 3,500 square feet for a total minimum lot area of 7,000 square feet. `3 — Minimum lot width may be reduced by 20% for cul- de-sac lots provided the minimum lot area requirement is maintained. `4 — Zero foot minimum side setback on one side of building as long as a minimum 12 foot separation between principal structures is maintained. '5 — Building distance may be reduced at garages to a minimum of 10 feet if detached or 0 feet where attached garages are provided. Multi -family pdnapal buildings shall be separated a minimum of 20 feet and garages a minimum of 10 feet. *6 — Front entry building garages shall be setback a minimum of 23 feet from edge of sidewalk. The minimum 20 foot front yard may be reduced to 15 feet where the residence is served by a side - loaded or rear entry garage. Agemda.BCCAGENDA.32494 3 -3 TPRPUD SECTION IV RECREATION / OPEN SPACE 4.1 PURPOSE Agenda Item No. 17G April 24, 2007 Page 158 of 174 The purpose of this Section is to identify permitted uses and development standards for areas within the Buttonwood Preserve RPUD designated on the Master Plan as "Recreation ". 4.2 GENERAL DESCRIPTION The approximate acreage of the recreation areas are indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreage of all development tracts will be provided at the time of SDP or PSP approvals in accordance with the LDC. The Recreation Area is designed as an area which will accommodate a variety of active recreational and personal services for the Buttonwood Preserve RPUD residents and guests. 4.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Indoor or outdoor recreational facilities and structures such as pools, fitness facilities, clubhouses, community buildings, playgrounds, playfields, walking trails and tennis courts. B. Incidental personal services such as ATM, laundry drop -off, mail kiosk, and other services limited to use by residents only. C. Permitted Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with principal uses permitted in this District, including parking facilities. 2. Sales center. 4.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 1. Front Yard: Fifteen feet (16). 2. Side Yard: Ten feet (10'). 3. Rear Yard: Fifteen feet (15). Agenda.BCCAG ENDA. 32494 4-1 TFRPUD Agenda Item No. 17G April 24, 2007 Page 159 of 174 B. Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures — Thirty -five (35) feet; except clock towers or similar architectural features, which shall be permitted up to forty -five (45') feet. D. Minimum distance between principal structures - Ten feet (10') or greater if required by local fire codes at time of development. E. Minimum distance between accessory structures - Ten feet (10'). Agenda.DCCAGFNDA.32494 4 -2 TFRPUD SECTION V PRESERVE «1311 5.1 PURPOSE Agenda Item No. 17G April 24, 2007 Page 160 of 174 The purpose of this Section is to identify permitted uses and development standards for the area within the Buttonwood Preserve RPUD designated on the Master Plan as "P ", Preserve. 5.2 GENERAL DESCRIPTION Areas designated as "P ", Preserve on the Master Plan are designed to accommodate conservation, passive recreation and water management uses and functions. The acreage of the Preserve area is indicated on the Master Plan. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: 1. Boardwalks, nature trails, shelters, and other uses permitted within dedicated preserves by the LDC, as long as any clearing required to facilitate these uses does not impact the minimum required native vegetation. 2. Water management structures. 3. Any other uses that are comparable in nature and consistent with any uses described above as determined by the Board of Zoning Appeals. 5.4 DEVELOPMENT STANDARDS A. Maximum height of structures: Twenty -five (25) feet. 5.5 LANDSCAPE BUFFERS A. Where the LDC requires landscape buffers and preserve areas are shown, landscape buffers may consist of preserve vegetation, when demonstrated that it meets or exceeds requirements of the LDC. Landscape buffers shall remain exotic free. Agenda.BCCAGENDA.32494 5 -1 TFRPUD SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE Agenda Item No. 17G April 24, 2007 Page 161 of 174 The purpose of this Section is to set forth the development commitments for the Buttonwood Preserve RPUD. 6.2 PUD MASTER DEVELOPMENT PLAN A. All facilities shall be constructed in accordance with the final SDP, final subdivision plats and all applicable State and local laws, codes and regulations except where specifically noted. B. The RPUD Conceptual Master Plan (Exhibit A) is an illustration of the conceptual development plan. Tracts and boundaries shown on the plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of preliminary /final subdivision plat or SDP approval. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all utilities. 6.3 ENGINEERING Except as noted herein, all project development will occur consistent with the LDC. 6.4 UTILITIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer. Potable water and sanitary sewer facilities constructed within platted rights -of -way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to all applicable County ordinances. B. Upon completion of the utility facilities, they shall be tested to ensure they meet Collier County utility construction requirements in effect at the time construction plans are approved. C. All customers connecting to the County's potable water and sanitary sewer system shall be customers of the County. D. The developer shall reserve one area to be conveyed to Collier County Water and Sewer District for raw water well easement with dimensions 50 Aeenda.eCCAGENDA.32494 6 -1 TFRPUD Agenda Item No. 17G April 24, 2007 Page 162 of 174 feet x 120 feet adjacent to Tree Farm Road. The approximate location of this easement is depicted on the Master Plan. This conveyance /dedication shall occur at the time of site development plan, or final plat approval for the area within the development phase that contains the respective well site. At the time of the SDP and /or Plat submittal, the developers should provide the well site easement that meets the standard setback requirements for water wells. 6.5 WATER MANAGEMENT A. In accordance with the Rules of the South Florida Water Management District, this project shall be designed for a storm event of a 3 -day duration and 25 -year return frequency. B. An excavation permit shall be required for the proposed lakes in accordance with applicable County ordinances. All lake dimensions will be approved at the time of excavation permit approval. C. The Buttonwood Preserve RPUD conceptual surface water management system is described in the Surface Water Management and Utilities Report which has been included in the RPUD rezone application materials. 6.6 ENVIRONMENTAL A. An exotic vegetation removal, monitoring and maintenance plan for the site shall be submitted to Environmental Services Department Staff for review and approval prior to final SDP /construction plan approval. A schedule for exotic vegetation removal shall be submitted with the above - mentioned plan. B. All approved agency (SFWMD, ACOE, FFWCC) permits, if applicable shall be submitted prior to final SDP /construction plan approval. C. This RPUD shall be consistent with the Environmental Sections of the GMP, Conservation and Coastal Management Element and the LDC in effect at the time of final development order approval. D. This RPUD shall comply with the guidelines of the USFWS and FFWCC for impacts to protected species. A Habitat Management Plan for those species shall be submitted to environmental review staff for review and approval prior to site /plan approval. E. All conservation areas shall be designated as tracts /easements with protective covenants. Easements shall be dedicated on the plat to the Aeenda 13CCAGENDA.32494 6 -2 'IFRPUD Agenda Item No. 17G April 24, 2007 Page 163 of 174 homeowners' association for ownership and maintenance and to Collier County with no responsibility for maintenance. F. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. G. A Preserve Area Management Plan shall be provided to Environmental Staff for approval prior to site /construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. H. Soil sampling results will be required at the first SDP or plat and plans submittal, as the case may be, following the adoption of the rezone ordinance if a Phase One Environmental Analysis suggests potential for soil contamination. If soil sampling is required, the applicant shall utilize a qualified soil testing service in conjunction with Staff to determine the appropriate parameters for soil sampling. Mitigation required shall be approved by appropriate agencies prior to SDP /PPL approval. A copy of the analysis will be forwarded to the EAC members. 6.7 TRANSPORTATION The development of this RPUD Master Plan shall be subject to and governed by the following conditions: A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the LDC. B. Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the first certificate of occupancy (CO). C. Access points shown on the RPUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan, final plat submissions, or by an approved developer contribution agreement. All such access shall be consistent with the Collier County Access Management Policy (Res. No. 01 -247), as it may be amended from time to time, and with the Collier County Long -Range Asenda.BCCAGENDA.32494 6 -3 TFRPUD Agenda Item No. 17G April 24, 2007 Page 164 of 174 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 approved. D. Site - related improvements (as apposed to system - related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. E. Road impact fees shall be paid in accordance with the Transportation Section of the County's Impact Fee Ordinance. F. All work within Collier County rights -of -way or public easements shall require a right -of -way permit. G. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution No. 01 -247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this RPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. H. Nothing in any development order shall vest a right of access in excess of a right in /right out condition at any access point. Neither shall the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. I. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. J. A portion of the Buttonwood Preserve RPUD is subject to a Developer Contribution Agreement (recorded at OR Book 3730, Pages 0876 — 0893 of the Public Records of Collier County, Florida) approved January 11, 2005, whereby the applicant has contributed (at no cost to the County) a 30 foot strip of land to be used as right -of -way for Tree Farm Road financial commitments in excess of $500,000 for the design and construction of Tree Farm Road (including sidewalks), an upgraded bridge at Collier Boulevard, and multiple turn lanes have been made by the developer. Development shall occur consistent with this agreement and /or subsequent developer contribution agreements. Avenda.RCCA6F.NDA32494 6 -4 TFRPUD Agenda Item No. 17G April 24, 2007 Page 165 of 174 K. The developer shall donate an area 30 feet in width along the project's northern boundary, east of the project entrance, to Collier County for right - of -way purposes. The developer agrees to accept the stormwater run -off from the right -of -way for that portion of Tree Farm Road east of the project entrance and treat the run -off within the project's water management system. L. The developer, or successors and assigns, shall provide a stabilized emergency access connection, meeting local fire prevention code criteria, from the terminus of the southernmost cul -de -sac to the primary internal roadway. The general location of this access connection is shown on the conceptual RPUD Master Plan and the specific location shall be determined at the time of SDP or plat approval as applicable. M. Residential Certificates of Occupancy shall be issued by Collier County only after substantial completion of roadway improvements presently under construction at the time of RPUD approval for the following roadway segments: Immokalee Road from east of I -75 to Collier Boulevard, Collier Boulevard from Golden Gate Boulevard to Immokalee Road and Vanderbilt Beach Road from Livingston Road to Collier Boulevard. Substantial completion shall be defined as the travel lanes being open for public use. 6.8 AFFORDABLE HOUSING Collier County and the developer of the Buttonwood Preserve RPUD have cooperated to address affordable housing impacts associated with the Buttonwood Preserve RPUD. The following financial contribution shall be paid by the developer, or its successors and assigns, to the Collier County Affordable Housing Trust Fund. A. One thousand dollars ($1,000.00) per residential dwelling unit constructed within the project shall be paid to Collier County within seven (7) days of the closing on each residential dwelling unit. The payment of the sums set forth in this Subsection shall reflect a credit to the project's obligations to pay fees that may be adopted in the future by the County relating to the provision of affordable or workforce housing. Anenda.RCCAOFNDA 12494 6 -5 TFRPUD Agenda Item No. 17G April 24, 2007 Page 166 of 174 A. The developer, or its successors or assigns, shall construct a minimum 6' high masonry wall east of the southwest property boundary for a distance of approximately 400' linear feet. The wall shall have the same architectural design as the wall constructed on the common property line of the Bristol Pines PUD. In addition, from the eastern terminus of the wall, the Developer shall install a 6' high black vinyl chain link fence east along the remaining southerly project boundary, then north along the eastern property line for a distance to a point approximately 800' north of the project's southeastern property boundary. The wall and fence may be installed on a berm. The approximate location of each wall /fence section is labeled on the RPUD Conceptual Master Plan, Exhibit A. Aeenda.BCCAG ENDA.32494 6 -6 TFRPUD Agenda Item No. 17G April 24, 2007 Page 167 of 174 Item VI.E. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF MARCH 7, 2007 I. NAME OF PETITIONERIPROJECT: Petition No.: Buttonwood Preserve PUDZ -AR -8997 Petition Name: Q.Grady Minor and Associates, P.A. Applicant/Developer: Elias Brothers Communities at Buttonwood Preserve, Inc. Environmental Consultant: Elena Mandia Hoffinan and Alicia Kruse II. LOCATION: The subject property is located south east of Immokalee Road (C.R. 846) and Collier Boulevard (C.R. 951) intersection on Tree Farm Road approximately 03 miles east of Collier Boulevard, in Section 35, Township 48 South, Range 26 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: ZONING DESCRIPTION N - Warm Springs PUD (3.78 dwelling units per acre), Tree Farm Road then undeveloped woodlands that has been approved for a Residential Planned Unit Development; S_ Vanderbilt Country Club PUD (2.48 dwelling units per acre) and Bristol Pines PUD (3.00 dwelling units per acre), Single- family homes and golf course within the Vanderbilt County Club subdivision and Multi family residential under development; E - Vanderbilt County Club PUD (2.48 dwelling units per acre), Comeast Cable antenna field and single - family homes and golf course within the Vanderbilt County Club subdivision; W - Bristol Pines PUD (3.00 dwelling units per acre), Multi family residential under development; Exhibit "F" EAC Meeting Page 2 of 8 III. Agenda Item No. 17G April 24, 2007 Page 168 of 174 The application has requested the rezoning of 55 acres from Agricultural (A) zoning to a Residential Planned Unit Development identified as Buttonwood Preserve RPUD, The subject property has been altered extensively through past agricultural uses, and contains farm buildings and single - family structures. The proposed residential development would consist of single- family dwellings and townhomes, two - family and duplex dwellings and multi family dwellings as permitted uses. A total of 220 residential dwellings have been requested at a density of four dwelling units per acre. The "Conceptual Master Plan" proposed two residential zones (R -1 & R -2). The "R -1" zone would consist of approximately 9.57 acres and would contain single - family dwellings and two - family and duplex dwellings, The "R -2" zone would consist of approximately 11.64 acres and would contain single- family dwellings, townhomes, and two - family and duplex dwellings. A recreational area of approximately .88 of an acre has been located centrally within the residential zoned area. The recreational area has been identified to provide the potential of indoor or outdoor recreational facilities that could provide a variety of recreational amenities, as well incidental personal services that would be limited to use by residents only. 14.45 acres of "Preserve" area has been provided along Tree Farm Road, of which 13.45 acres in indigenous preserve which exceeds the 11.6 acre of native preserve area that is required by the Land Development Code (LDC). A perimeter buffer is proposed along the boundary of the subject properly, as well as adjoining the "Recreational Area ". A minimum of 60 percent of the overall gross project area shall be devoted to usable open space. Storm water management is proposed through a series of three lakes, which will have combined area of approximately 7.20 acres. The subject property is located within Zone "X" of the FEMA flood insurance rate map. The subject property is located in the 951 Canal North Basin. This project will be required to be designed for a storm event of a 3 -day duration and 25 -year return frequency, in accordance with the "Rules of the South Florida Water Management District ". Access to the subject property will be via Tree Farm Road. Tree Farm Road is an unimproved County road, which is planned to be improved to a "Collector Road" standard. This road project is identified in the 5 -Year Capital Improvement Plan for the Transportation Department, and is scheduled to begin construction in 2008. This road improvement project will go from Collier Boulevard (C.R. 95 1) east to Massey Street. A portion of the subject property is subject to a "Developer Contribution Agreement ", approved by the Board of County Commissioners on January 11, 2005, that provided a 30 foot strip of Iand to be used as right -of -way for Tree Farm Road at no cost to the County. The developer has also agreed to donate an area of 30 feet in with along the northern boundary for right -of -way EAC Meeting Page 3 of 8 Agenda Item No. 17G April 24, 2007 Page 169 of 174 purposes. The developer has also agreed to accept the stormwater run -off from the right -of -way for that portion of Tree Farm road east of the project entrance and treat the run -off within the project's water management system. The developer has provided a 50 feet by 120 feet area adjacent to Tree Farm Road and west of the project entrance for Collier County Water and Sewer District raw water easement. The developer has offered to financial contribute a sum of $1,000 per proposed residential dwelling unit constructed within the project to collier County Affordable Housing Trust Fund. A potential $220,000 total contribution would be provided if the 220 dwelling units were constructed. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban (Urban Mixed - Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan, This district is intended to accommodate a variety of residential and non- residential uses, including mixed -use developments such as Planned Unit Developments. Relevant to this petition, the residential and accessory recreational uses proposed for the RPUD are consistent with the Urban Mixed - Use District, Urban Residential Subdistrict, including single family development. This Subdistrict permits a variety of residential unit types at a base density of 4 DU /A, and limited to a maximum of 16 DU /A, as allowed under the Density Rating System. No density bonuses are requested and no density reductions are applicable. Therefore, the site is eligible for 4 DU /A. Base Density 4 dwelling units per acre Total Eligible Density 4 dwelling units per acre x 55 acres = 220 dwelling units FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves this determination to Zoning and Land Development Review staff as part of their review of the petition in its entirety. However, staff would note that in reviewing the appropriateness of the requested uses /densities on the subject site, the compatibility analysis might include a review of both the subject proposal and surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location, traffic generation /attraction, etc. EAC Meeting Page 4 of 8 Agenda Item No. 17G April 24, 2007 Page 170 of 174 In an effort to support the Community Character Plan for Collier County, the Future Land Use Element was amended to include Objective 7 and subsequent policies. Policy 7.3 encourages all new and existing developments to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. The Tree Farm Road RPUD Master Plan, conceptual in nature, provides for no potential interconnects with Warm Springs RPUD to the north of the project, Bristol Pines RPUD to the west and south of the project, and Vanderbilt County Club RPUD to the south and east of the project. The Tree Farm Road RPUD provides an internal pedestrian network with a linkage to Tree Farm Road. Based upon the above analysis, staff concludes the proposed uses and density may be deemed consistent with the Future Land Use Element. Conservation & Coastal Manaeernent Element: Objective 2.2. of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards." To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system." This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing lakes and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events. The project as proposed is consistent with the Policies in Objective 6.1 of the Conservation & Coastal Management Element, for the following reasons: This project is consistent with Policy 6, L I regarding the selection of preserves. A minimum of 11.60 acres of native vegetation within the PUD boundaries must be preserved to meet the minimum requirement of 25% on site. The site plan provides 13.45 acres in three preserves. Preserve management plans are required at the time of Site Development Plan/Construction Plan submittal. Preserve areas shall be required to be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. Agenda Item No. 17G April 24, 2007 EAC Meeting Page 171 of 174 Page 5 of 8 The requirement for an Environmental Impact Statement (EIS) pursuant to Policy 6.1.8 has been satisfied. Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. Pursuant to Policy 6,2.4, the County shall require appropriate agency permits prior to the issuance of a final local development order permitting site improvements. A wildlife survey for Iisted species in accordance with Policy 7.1.2 is included in the Environmental Impact Statement (EIS). VI. MAJOR ISSUES: Stormwater Management: Section 8.06.03 0.2. of the Collier County Land Development Code states "The surface water management aspects of any petition, that is or will be reviewed and permitted by South Florida Water Management District ( SFWMD), are exempt from review by the EAC." Buttonwood preserve shows on the SFWMD.gov website as having received an ERP approval from SFWMD on 08 -Feb -2007 for 54.2 acres of residential land use under permit 9 11- 02665 -P Buttonwood Preserve, Ek.a. Tree Farm PUD sits on the dividing line of the 951 Canal North Basin and the Cypress Canal Basin. The allowable discharge rate for either basin is 0.15 efs per acre. This site discharges toward the west into the 951 Canal North Basin. The flow goes toward the 951 canal and then north or south as conditions warrant. The internal system consists of two interconnected lakes that discharge through a water control structure toward the west to the wet] and preserve. Environmental: Site Description: The property is located in northern Collier County on the east side of County Road 951(C.R. 951) south of Immokalee Road and north of Danbury Boulevard and west of Gleneagle Way. The site is bordered by vacant land in the north; Vanderbilt Country Club to the south; single family homes and Bristol Pines to the west. The vegetative communities on -site consist of upland pine flatwoods, EAC Meeting Page 6 of 8 Agenda Item No. 17G April 24, 2007 Page 172 of 174 palmetto prairie, pine, hydric pine, pine and cypress wetlands, with varying degrees of exotic infestation, Wetlands: There are 10.10 acres of jurisdictional wetlands and 0.47 acres of other surface waters. A formal jurisdictional determination was made by South Florida Water Management District (SFWMD) staff on February 10, 2006. Approximately 0.23 acres of wetlands and 0.46 acres of other surface waters are proposed to be impacted by the development. The proposed project will be preserving 89 percent of the wetlands on the property. Preservation Requirements: Of the total 54.21 acres of the project site, 46.40 acres are considered native vegetation. Twenty -five percent of the native vegetation is required to be preserved which is being met in three preserve areas consisting of 13.45 acres. This exceeds their minimum requirement of 1.85 acres. Listed Species: One gopher tortoise burrows (inactive) and seven unidentified stick nest were observed on the site during listed species surveys. An updated listed species survey on July 18, 2006 revealed that the gopher tortoise burrow was abandoned. Collier County Environmental Staff observed two Big Cypress fox squirrels while conducting a site visit. A gopher tortoise management plan as well as a Big Cypress fox squirrel management plan are included as part of the EIS. A new gopher tortoise survey will also be required within six months of construction of the site and any tortoises found on the site will be relocated to an approved on -site gopher tortoise preserve area. VII. RECOMMENDATIONS: Staff recommends approval of Buttonwood Preserve PUDZ- 2006 -AR -8997 with the following stipulations: Stormwater Management: None Environmental: 1. No additional conditions Agenda Item No, 17G April 24, 2007 EAC Meeting Page 173 of 174 Page 7 of 8 PREPARED BY: KIRSTEN WILKIE DATE ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT STAN CHRZANOWSKI, P.E, DATE ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT MICHAEL DERUNTZ, A.I,C.P. DATE PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW EAC Meeting Page 8 of 8 REVIEWED BY: Agenda Item No, 17G April 24, 2007 Page 174 of 174 BARBARA S.BURGESON DATE PRINCIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT WILLIAM D. LORENZ, Jr., P.E. DATE ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR MARJORIE STUDENT - STIRLING DATE ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY APPROVED BY: JOSEPH K. SCHMITT DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR