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Agenda 05/08/2007 RCOLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) T AGENDA May 8, 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 9 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. April 10, 2007 - BCC /Regular Meeting C. April 11, 2007 - BCC /Annexation Meeting D. April 12, 2007 - BCC /District 1 Town Hall Meeting E. April 16, 2007 - BCC /Airport Authority Workshop F. April 16, 2007 - BCC /EDC Workshop 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) 4. PROCLAMATIONS A. Proclamation designating the week of May 6 - May 12, 2007 as National Nurses Week 2007 to encourage all residents of this community to join in honoring the nurses who care for all of us. To be accepted by the Nursing Excellence Committee of the Florida Nurses Association, on behalf of all nurses of Collier County: Ms. Judith Nuland, MSN, RN; Ms. Lynn Peiffer, ARNP; and Ms. Louise Steward, MSN, RN. B. Proclamation designating April 28 - May 6, 2007 as National Safe Kids Week to support the efforts and activities of Lee County Safe Kids Coalition to prevent childhood injury. To be accepted by Mr. Mark Tesoro, Lee County Safe Kids Coalition Coordinator, Injury Protection Program, Lee County Health Department. (Mr. Tesoro will bring a "life ring" and has requested that it be signed by the Commissioners to support the State of Florida's drowning prevention initiatives). C. Proclamation designating the month of May, 2007 as Supervised Visitation Awareness Month to promote community involvement, to raise awareness, and educate parents and caregivers to assist adult and child victims of domestic violence and to address the need for safe visitation and exchange. To be accepted by Ms. Gail Tunnock, Child Protection Team of Collier County and Marcy Krumbine, Director, Collier County Housing and Human Services. D. Proclamation designating May 14 -18, 2007 as National Bike to Work Week and the entire month of May, 2007 as National Bike Month to honor bicyclists and to encourage every citizen of Collier County to ride a bike to school, work, or shopping, and join fellow residents in sharing this healthy and pollution -free form of transportation. To be accepted by representatives from the Naples Pathways Coalition, Inc. and Collier County Department of Transportation. E. Proclamation proclaiming May 13 -19, 2007, as National Transportation Week. To be accepted by: Norman Feder, Jay Ahmad, Bob Tipton, Gene Calvert, Nick Casalanguida, Diane Flagg, John Vliet. 5. PRESENTATIONS A. Presentation by Tammie Nemecek, Economic Development Council, regarding the Collier County Housing Stimulus Program B. Presentation by Better Roads, Inc. on 64aning of Collier Boulevard from Immokalee Road to Golden Gate Boulevard and the 4- laning of Tree Farm Road east of Collier Boulevard (Project No. 65061). Page 2 of 9 6. PUBLIC PETITIONS A. Public petition request by Ann B. Hall to discuss legalization of golf carts as an alternative mode of transportation for the Isles of Capri Community. Item 7 and 8 to be heard no sooner than 1.00 12.m., unless otherwise noted 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. Recommendation that the Board of County Commissioners adopt an Ordinance consolidating Ordinance No. 2005 -55 (Collier County Code Enforcement Board and Public Nuisance Abatement Ordinance), Ordinance No. 1997 -35 (Collier County Code Enforcement Citation Ordinance), and Ordinance 2004 -46 (Collier County Code Enforcement Special Master Ordinance), in order to simplify the Code Enforcement process, and establish affirmative defenses to certain alleged code violations. B. 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 and Daycare Centers within the County and Prohibiting Property Owners from Renting and /or Leasing All or Portions of Real Property to Them Within the Proscribed Limits. C. This item requires that all participants be sworn in and ex parts disclosure be provided by Commission members. Petition PUDEX - 2006 -AR -9124: IMCollier Joint Venture, represented by Richard Yovanovich of Goodlette, Coleman and Johnson, P.A., is requesting two 2 -year extensions of the Mirasol Planned Unit Development (PUD) from April 24, 2006 to April 24, 2010. The subject PUD property, consisting of 1558 acres, is located on the north side of Immokalee Road immediately west of Collier Boulevard in Sections 10, 15, and 22, Township 48 South, and Range 26 East, in Collier County, Florida. This item is a companion to item 10F. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Forest Lakes Roadway & Drainage Advisory Committee. B. Appointment of members to the Animal Services Advisory Board. C. Appointment of members to the Collier County Coastal Advisory Committee. D. Appointment of members to the Collier County Utility Authority. E. Appointment of members to the Habitat Conservation Plan Ad Hoc Committee. F. BCC Chairman potential mediation discussions with Mayor Bill Barnett regarding Naples Bay Boat Speed Zones. (Commissioner Colette) 10. COUNTY MANAGER'S REPORT A. Recommendation to accept a report on the Road Maintenance Limerock Road Conversion project in Collier County. (Norman Feder, Administrator, Transportation Services) B. Discussion with the Board of County Commissioners regarding the Transportation Production Readiness (Discussion Purposes Only) 5 Year Capital Work Program and the funding scenarios for the potential $182 Million Shortfall over 5 years. (Norman Feder, Administrator, Transportation Services) Page 3 of 9 C. Recommendation to adopt a resolution authorizing the condemnation of fee simple interests and /or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the four -lane and six -lane expansion of Oil Well Road from Immokalee Road to Camp Keais Road. (Project No. 60044). Estimated fiscal impact: $12,780,000.00 (Norman Feder, Administrator, Transportation Services) D. Recommendation to award Bid #07 -4122 to Vanderbilt Bay Construction, Inc. for the Naples Jail Improvement Project in the amount of $8,598,238.00. (Len Price, Administrator, Administrative Services) E. Recommendation to approve an Agreement between the State of Florida, Division of Emergency Management and Collier County accepting $1,510,094 towards the construction of a new County Emergency Operations Center (EOC) within the Emergency Services Center (ESC) and approve the Budget Amendment necessary to recognize and appropriate $1,510,094 as revenue. F. Recommendation to approve a Developers Contribution Agreement with IM Collier Joint Venture (Developer) and Collier County (County) to design, permit and construct roadway and intersection improvements at the intersection of Collier Blvd. and Immokalee Road. (Project) (Norman Feder, Administrator, Transportation Services) This item is a companion to item 8C. 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be 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 B ENVIRONMENTAL SERVICES 1. Recommendation to approve final acceptance of the water utility facility for The School District Administrative Center. 2. This item requires that ex parts 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 Quail West Phase III, Unit Four, the roadway and drainage improvements will be privately maintained. 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 Quail West Phase 111, Unit Six. The roadway and drainage improvements will be privately maintained. 4. Recommendation to approve the Release and Satisfaction of Code Enforcement Liens for payment received. Page 4 of 9 5. Recommendation to approve final acceptance of the water and sewer utility facilities for VeronaWalk Town Homes, Phase One. 6. Recommendation to approve final acceptance of the water facility for North Collier Hospital Parking Garage. 7. Recommendation to approve final acceptance of the water and sewer utility facilities for Castlewood at Imperial. 8. Recommendation to approve final acceptance of the water utility facility for Naples Walk, Phase 3. 9. Recommendation to approve an impact fee reimbursement for Redlands Christian Migrant Association Immokalee Community Charter School, totaling $40,187.76, for Building Permit Number 2005- 123589 in accordance with Section 1002.33(18)(d), Florida Statutes, which provides an exemption from the assessment of impact fees for charter school facilities. 10. 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 Independence Phase One. The roadway and drainage improvements will be privately maintained. B. TRANSPORTATION SERVICES 1. Recommendation to approve the budget amendment for the transfer of funds to Project 66066. The funds are for the evaluation of the existing conditions of five bridges in Collier County classified by the Florida Department of Transportation (FDOT) Bridge Inspection Program as structurally deficient and to make recommendations for immediate action such as repair /rehabilitation, or replacement. Fiscal Impact ($250,000.00) 2. Recommendation to approve DCA between Calusa Pines and Collier County for ROW and corner of Tree Farm Road and Woodcrest Road. 3. Recommendation to approve an Easement Agreement for the purchase of a Drainage, Utility and Pathway Easement, as well as the donation of a Temporary Construction Easement, required for the six - laning of Collier Boulevard from US -41 to the Davis Boulevard (Capital Improvement Element No. 33, Project No. 60001). Estimated fiscal impact: $969,754. 4. Recommendation to approve the purchase of improved property (Parcel Nos. 134 and 135) which is required for the construction of the Vanderbilt Beach Road Extension project. Project No. 60168 (Fiscal Impact: $870,500) C. PUBLIC UTILITIES 1. Recommendation to approve an agreement with Florida International University (FIU) to assess the quality of sediments in Collier County in the amount of $95,453.60. 2. Recommendation to request funding for six South Florida Water Management District Alternative Water Supply Grants in the total amount of $5,903,296 for the partial funding for the construction of improvements to the Countys public water supply system. D. PUBLIC SERVICES I. Recommendation to approve and adopt the name Big Corkscrew island Regional Park for the planned regional park at Northeast Utility Facility a.k.a. Orangetree Park. Page 5 of 9 2. Recommendation that the Board of County Commissioners approves, and authorizes the County Manager to sign, a lien agreement with Enrique and Fausta Antunez (Owners) for deferral of 100% of Collier County impact fees for an owner - occupied affordable housing unit located at Lot 195 Trail Ridge. 3. Recommendation that the Board of County Commissioners approves, and authorizes the County Manager to sign, a lien agreement with Roger Gutierrez and Sara Llorca (Owners) for deferral of 100% of Collier County impact fees for an owner- occupied affordable housing unit located at Lot 91 Trail Ridge, 4. Recommendation that the Board of County Commissioners approves, and authorizes the County Manager to sign, a lien agreement with Colbert Nicolas (Owner) for deferral of 100% of Collier County impact fees for an owner - occupied affordable housing unit located at Lot 152 Trail Ridge in Naples. 5. The Board of County Commissioners review and accept the corrective action plan provided by the staff of the Housing and Human Services Department, following the 2006 audit performed by KPMG. 6. Recommendation to approve U. S. Department of Housing and Urban Development (HUD) requested changes to the existing Collier County and the City of Marco Island Urban County Cooperation Agreement for the administration of the Community Development Block Grant (CDBG) program and submit the revised agreement to HUD. 7. Recommendation to approve U. S. Department of Housing and Urban Development (HUD) requested changes to the existing Collier County and the City of Naples Urban County Cooperation Agreement for the administration of the Community Development Block Grant (CDBG) program and submit the revised agreement to HUD. E. ADMINISTRATIVE SERVICES 1. Report and ratify Property, Casualty, Workers Compensation and Subrogation Claims settled and /or closed by the Risk Management Director pursuant to Resolution # 2004 -15 for the second quarter of FY 07. 2. That the Board of County Commissioners approve a budget amendment to increase the FY07 Fleet Management Fund (521) operating budget expenditures and associated revenues by $530,000. 3. Recommendation to approve Change #12 to Contract # 00 -3173, Design of the Courthouse Annex with Spillis Candela DMJM, to re- configure the design of the second and third floors of the new Courthouse Annex (Project No. 52533) to accommodate the current, planned occupancy. 4. Report and Ratify Staff - Approved Change Orders and Changes to Work Orders to Board - Approved Contracts. 5. Recommendation to approve conveyance of Easements to Florida Power $ Light Company, Comcast and Embarq for providing utility services to the expansion of the Golden Gate Library at 2432 Lucerne Road, at a cost not to exceed $55.50, Project 54261 -1. 6. Recommendation to adopt a Resolution supporting H.R. 1023 and S. 777 repealing the imposition of withholding on certain payments made to vendors by government entities imposed by Section 511 of the Federal Tax Increase Prevention and Reconciliation Act of 2005. F. COUNTY MANAGER 1. Recommendation to approve and execute four License Agreements for use of Wal -Marts parking lots to be used for disaster relief supplies to the public. Page 6 of 9 2. Approve a Budget Amendment to increase funds to the Medical Examiners Office in support of increased power demand for renovations to odor control and air handling systems in the examination suites. ($42,000) 3. Recommendation to approve Memorandum of Understanding for County emergencies between Collier County and Catholic Charities of Collier County. 4. Recommendation to approve the renewal of a two -year contract with HealthStream, Inc. to provide Distance Learning Software for Collier County Emergency Medical Services at a cost of $36,400 per year for a total of $72,800. 5. Recommendation to amend the Collier County Government Debt Management Policy. G. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Cleveland Club "Spring Break" dinner on March 25, 2007 at the Cypress Woods Golf & Country Club; $25.00 to be paid from Commissioner Fiala's travel budget. 2. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the Fifth Annual Tourism Week Awards Celebration on Wednesday, May 16, 2007; $30.00 funds to be paid from Commissioner Fiala's travel budget. 3. Commissioner Halas requests approval for reimbursement for attending a function serving a valid public purpose. Attending the 2007 Paradise Coast Tourism Star Awards and 5th Annual Collier County Tourism Week Celebration on May 16, 2007 at The Ritz - Carlton Golf Resort, Naples, Florida. $30.00 to be paid from Commissioner Halas'travel budget. 4. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the East Naples Civic Association Monthly Meeting /Luncheon at Carrabba's Restaurant on April 19, 2007; $21.00 to be paid from Commissioner Fiala's travel budget. 5. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Marco Island Kiwanis Annual Crab Claw Dinner on Tuesday, April 17, 2007 at the Isles of Capri Community Center; $20.00 to be paid from Commissioner Fiala's travel budget. 6. Proclamation to designate May 10, 2007 as World Lupus Day to increase awareness in communities worldwide of the debilitating impact of lupus. Proclamation will be mailed to Mr. Joshua M. Estrin, Executive Director of the Lupus Foundation of America. He will not be present to accept. 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 April 14, 2007 through April 20, 2007 and for submission into the official records of the board. 2. To obtain board approval for disbursements for the period of April 21, 2007 through April 27, 2007 and for submission into the official records of the board. Page 7 of 9 K. COUNTY ATTORNEY 1. Recommendation to Authorize the Making of an Offer of Judgment to Respondent, Rose Somogi, for Parcels 123 and 823 In the Amount of $39,000.00 in the Lawsuit Styled Collier County v. John J. Yaklich, at al., Case No. 03- 2259 -CA, Golden Gate Parkway Project #60027 (Fiscal Impact: $34,101.00 if offer is accepted). 2. Recommendation to approve an Offer of Judgment in the amount of $36,250.00 as to Parcels 806 & 706 in the lawsuit styled Collier County v. James M. Brown, at al., Case No. 06- 0525 -CA (Santa Barbara Blvd. Project No. 62081). (Fiscal Impact if accepted: $11,617.55) 3. Recommendation to Approve a Stipulated Final Judgment in the Amount of $300,000.00 for the Acquisition of Parcel 181 in the Lawsuit Styled Collier County v. Mary Lou Adsit, at al., Case No. 04- 0506 -CA (Vanderbilt Beach Road Project No. 63051). Fiscal Impact: $150,550) 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. Request that the Board of County Commissioners adopt the attached Ordinance, recommended by Sheriff Hunter, to amend Collier County Ordinance No. 78 -56 and Collier County Ordinance No. 87.16, as amended, as codified in Chapter Six of the Collier County Code of Laws and Ordinances, by amending the current definitions of "alcoholic beverages" and to specify that opinion testimony is valid and sufficient to prove violations; provide for conflict and severability, inclusion into the Code of Laws and Ordinances, and effective date. B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: 5E- 2006 -AR -9017, a Scriveners error to correct Resolution Number 2005.353 for VA- 2005 -AR -7444, Terry and Charlotte Rhodes, to include the Section number in the legal description. The subject property is located in Section 20, Township 48 South, Range 27 East, Collier County, Florida. C. This item requires that all participants be sworn in and ex pane disclosure be provided by Commission members. Petition: SE- 2006 -AR -9016, a Scriveners error to correct approved Resolution Number 2005 -401 for CU- 2003 -AR -3573, Independent Haitian Church of God, to correct the Section, Township and Range numbers in the title of the Resolution. The subject property is located in Section 13, Township 50 South, Range 25 East, Collier County, Florida. D. This item requires that all participants be sworn in and ex parts disclosure be provided by Commission members. Recommendation to approve Petition AVPLAT - 2006 -AR- 11255, Lot 39, Aviano at Naples, to disclaim, renounce and vacate the Countys and the Publics interest in a portion of a Lake Maintenance Easement in the rear of Lot 39, Aviano at Naples, a subdivision as recorded in Plat Book 43, Pages 67 through 71 of the Public Records of Collier County, Florida, situated in Section 18, Township 49 South, Range 25 East, Collier County, Florida, and being more particularly described in Exhibit A. Page 8 of 9 E. This item requires that all participants be sworn in and ex parts disclosure be provided by Commission members. SV- 2006 -AR -10351 Unity of Naples Church, represented by Debra Williams, Sr. Minister of Unity of Naples Church, is requesting a sign variance for code enforcement violations of an off premise sign that is not located on the property. The subject property is located at 7100 Davis Boulevard, in Section 8, Township 50S, Range 26E, Collier County, Florida. F. Adopt a Resolution amending the Water Restriction Surcharge, Schedule One of Appendix A of the Collier County Ordinance No. 2006.27, titled Collier County Water -Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance. G. This item requires that all participants be sworn in and ex parts disclosure be provided by Commission members. SE- 2007 -AR -11230 (WB), A Resolution of the Board of Zoning Appeals of Collier County, Florida, amending Resolution No. 2000 -189 to correct a scrivener's error in Exhibit B, the legal description for a project known as the Golf Club of the Everglades. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 7748383. Page 9 of 9 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING May 8, 2007 Item 16A4 continued to the May 22, 2007 BCC meeting: Recommendation to approve the Release and Satisfaction of Code Enforcement liens for payment received. (Commissioner Coletta's request.) Item 16A10. The current Executive Summary indicates that the roads will be private. The roads are platted as public and Immokalee Section of Transportation Services has signed off on the improvements. A revised Executive Summary has been distributed. (Staff's request.) Move Item 16B3 to 10G: Recommendation to approve an Easement Agreement for the purchase of a drainage, utility and pathway easement, as well as the donation of a temporary construction easement, required for the six- laning of Collier Boulevard from US -41 to Davis Boulevard (Capital Improvement Element No. 33, Project No. 60001). Estimated fiscal impact: $969,754. (Commissioner Coletta's request.) Item 16D5: The title in the executive summary should read: The Board of County Commissioners review and accept the corrective action plan provided by the staff of the Housing and Human Services Department, following the 2006 audit performed by KPMG (rather than "KMPG "). (Staffs request.) Time Certain Items: Item 8B to be heard at 1:00 a.m. 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 and daycare centers within the County and prohibiting property owners from renting and /or leasing all or portions of real property to them within the proscribed limits. PROCLAMATION Agenda Item No. 4A May 8, 2007 WHEREAS, 2.2 million registered nurses in the United States comprise our nation's largest healAage 1 of 2 care profession with as many licensed practical nurses; and, WHEREAS, the depth and breadth of the nursing profession is meeting the different and emerging healthcare needs of the American population in a wide range of settings; and, WHEREAS, nurses education and holistic focus promotes restoration and maintenance of health in the individual and family; and, WHEREAS, the American Nurses Association, as the voice for the registered nurses of this country, is working to chart a new course for a healthy notion that relies on increasing delivery of primary care; and, WHEREAS, a renewed emphasis on primary and preventative healthcare will require better utilization of all of our nation's nursing resources; and, WHEREAS, professional nursing has been demonstrated to be an indispensable component in the safety and quality of care of all patients; and, WHEREAS, the demand for nursing services is greater than ever because of the aging of the American population, the continuing growth of life - sustaining technology, and the explosive growth of home health services; and, WHEREAS, more qualified registered nurses are needed in the future to meet the increasingly complex needs of healthcare in this community; and, WHEREAS, the cost - effective, safe, and quality healthcare services provided by nurses are an ever more important component of the US health care delivery system in the future; and, WHEREAS, along with the American Nurses Association, the Florida Nurses Association, and Collier County District 29 has declared the week of May 6 -12 as National Nurses Week 2007 with the theme, 'Nursing: A Profession, A Passion ", in celebration of the ways in which nurses strive to provide safe and high quality patient care and map out the way to improve our healthcare system. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of May 6 - May 12, 2007, be designated as NATIONAL NURSES WEEK 2007 and encourage all the residents of this community to join in honoring the nurses who care for all of us, and that the residents of Collier County celebrate nursing's accomplishments and efforts to improve our healthcare system and show our appreciation for the nation's nurses, not just during this time, but at every opportunity throughout the year. DONE AND ORDERED THIS 8th Day of May, 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN A TTEST: DWIGHT E. BROOK, CLERK Page 1 of 1 Agenda Item No 4A May B, 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 4A Item Summary: Proclamation designating the week of May 6 - May 12, 2D07 as National Nurses'✓Jeek 2007 to encourage all residents of this community to join In honoring the nurses who care for all of us. To be accepted by the Nursing Excellence Committee or the Florida Nurses Association, on behalf of all nurses Of Collier County. Ms. Judith Nuland, MSN, RN, Ms. Lynn Form, ARNP. and Ms. Louise Steward, it RN. Meeting Date: 518,2007 9.00.00 AM Prepared By Lisa Resnick Executive Aide to the BCC Date Board of County Commissioners BCC Office 412 512007 12:54:08 PM Approved By Sue Filson Executive Manager to the BCC Data Boats of County Commissioners BCC Office 4125120071:18 PM Approved By James V. Mudd county Manager Date Board of County Commisaloners County Manager's Office 4,26120078:33 PM z IZ Page I of I Agenda Item No. 413 May 8. 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 48 Item Summary: Proclamation designating April 28 May 6. 2007 as National Safe Kids Week to support the efforts and activities of Lee County Safe Kids Coalition to prevent childhood Injury . To be accepted by Mr. Mark Tesoro, Lee County Safe Kids Coalition Coordinator, Injury Protection Program. Lee County Health Department (Mr Tesoro will bring a "life ring' and has requested that it be signed by the Commissioners to support the State of Florida's drowning Prevention Initiatives). Meeting Date: 51812007 9 00:00 AM Prepared By Lisa Remick Executive Aide to the BCC Date Board of County Commissioners BCC Orflce 41251200712:51:52 PM Approved By Sue Filson Executive Manager o the BCC Data Board of County Commissionore BCC Office 425120071.20 PM Approved By James V. Mudd County Manager Date Boats of County Commissioners County Managers Office 4/2512007 7:09 PM PROCLAMATION Agenda Item No. 4C May 8, 2007 Page 1 of 2 WHEREAS, the Children's Advocacy Center of Collier County in conjunction with the Collier County Government Safe Havens Supervised Visitation and Safe Exchange 6rant Program recognizes the month of May as Supervised Visitation Awareness Month; and, WHEREAS, the children of Collier County are entitled to live and grow in a healthy, nurturing environment, free from intimidation and harm; and, WHEREAS, domestic violence is extremely damaging to children who live with it and has a profound affect upon their behavioral, psychological, developmental, educational, and social functioning, and, WHEREAS, children that grow up in households where there is domestic violence are more likely to become victims or perpetrators of domestic violence, and, WHEREAS, the local community domestic violence agency, the Shelter for Abused Women and Children, provided services to over 1,450 children in their shelter, counseling, and outreach programs; and, WHEREAS, in the past year, the Children's Advocacy Center Family Safety Program provided over 350 supervised visits and over 865 safe exchanges for families impacted by domestic violence; and, WHEREAS, supervised visitation allows children to maintain a relationship with both of their parents and to visit the non - residential parent in a safe, comfortable environment, and, WHEREAS, during the month of May, Collier County will promote community involvement, raise awareness, and educate parents and caregivers to assist adult and child victims of domestic violence and to address the need for safe visitation and exchange. NOW, THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, that the month of May be designated as SUPERVISED VISITATION AWARENESS MONTH DONE AND ORDERED THIS 8th Day of May, 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Page I of I Agenda Item No 4C May 8, 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS '-- Item Number. 4C Item Summary: Proclamation deelgnating the month of May 2007 as Supervised Visitation Awareness Month to promote community involvement, to area awareness, and educate parents and caregivers to assist adult and child victlms of domestic violence and to Address the need for safe visitation and exchange. To be accepted by Ms. Gall Turlock. Child Protection Team of Collier County and Marcy Kmmbme, Director. Collier County Housing and Human Services. Meeting Date: 5I32007 9 00:00 AM Prepared By Lisa Ra ick Executive Aide to the BCC Date Board of County Commissioners BCC Office 412512007 12:52:54 PM Approved By Sue Filson Executive Manager to the BCC Data Board of County Commissioners BCC Office 4125120071:19 PM Approved By James V. Mudd county Manager Data Board of County Commissioners C ounty Manager's o ice 4126120077: 38 PM P R O C L AMA T I O N Agenda Item No. 4D May 8, 2007 WHEREAS, Collier County actively encourages bicycling as an important mode of transportaticinage 1 of 2 in preserving its quality of life; and, WHEREAS, the entire month of May is National Bike Month, and the week of May 14 -18, 2007 is National Bike to Work Week, which is to promote and celebrate the joys and benefits of bicycling for transportation and recreation, and cyclists in Collier County enjoy optimum riding conditions because of the temperate climate; and, WHEREAS, the Naples Pathways Coalition, Community Traffic Safety Team, Pathway Advisory Committee, Collier County Transportation Services Division and numerous other community members have worked diligently over the post years to improve cycling conditions on our roadways, to educate the public about bicycling, and to promote safe bicycling for recreation and transportation; and, WHEREAS, Collier County has coordinated construction of over 6 miles of sidewalks, bike lanes and pathways thus far this calendar year, currently have 7 miles of pathway under construction, 8 miles of pathway and sidewalk awaiting bid, 14 miles of pathway and sidewalk under design, as well as sidewalks and bike lanes that will be constructed in road construction projects and required private developers to complete, and additionally secured $1.5 million of funds from the Florida Department of Transportation for sidewalks in the Immokolee area; and, WHEREAS, the Community Traffic Safety Team recently applied for $2 million of Safe Routes to School funding to solve existing safety concerns for children, and, WHEREAS, four pedestrian bridges (Vanderbilt Drive & Golden Gate Parkway) are under design to address the lack of bicycle and pedestrian facilities on bridges in those areas; and, WHEREAS, the Ride of Silence, which honors bicyclists who have been killed or injured while cycling, will be held on May 16, 2007 at 7 p.m. at Lowdermilk Park. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that May 14 -18, 2007, be designated as NATIONAL BIKE TO WORK WEEK and the entire month of May, 2007, be designated as NATIONAL BIKE MONTH in Collier County, and encourage every citizen of this community to ride a bike to school, to work, to shopping, or to any other of the events planned this week, and join fellow residents in sharing this healthy and pollution -free form of transportation, and ask that all motorists drive extra careful during this time, while they share the road. DONE AND ORDERED THIS 8th Day of May, 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Page 7 of I Agenda Item No 4D May 8, 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS _ Item Number: 4D Item Summary: Proclamation designating May 14 -18, 2007 as National Bike to Work Week and the entire month of May 2007 as National Bike Month to honor bicyclists and to encourage every citizen of Collier County to title a bike to school work, or shopping . antl join fellow residents In sharing this healthy and pollution -free form of transportation. To be accepted by representatives from the Naples Pathways Coalition. Inc. and Collier County Department of Transportation. Meeting Date: 51612007 900.00 AM Prepared By Lisa Resnick Executive Aide to the BCC Data Board of County BCC Office 4/2512007 4:50:1] PM Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 42612007 9:51 AM Commissioners Approved By James V. Mudd Comity Manager Data Board of County County Managers Office 412712007 6:06 PM Commissioners Agenda Item No. 4E May 8, 2007 Page 1 of 3 PROCLAMA770N WHEREAS, Collier County recognizes that National Transportation Week provides an opportunity for the transportation community to join together forgreater awareness about the importance of transportation! and, WHEREA5, since its beginning transportation infrastructure has transformed the American landscape into a sophisticated network of metropolitan communities, fueling the world's strongest and fastestgrowing economy, as well as continuing to offer countless other benefits,' and WHEREAS, each year, America's transportation system from the roads to the skies rails and ports - helps travelers reach their destinations and carries billion of tons of freight worth trillions of dollars in economic stimuius,• and, WHEREAS, the transportation system pl a critical role in deploying and sustaining our troops and their world,• and, WHEREAS, transportati it z meriea- connecting worker w' cts wits/ ma with each other. Through ory advmig. in ra s a m been at the forefr ragress �' 2006„ we celebra ed euSQth anniversary of the 0' o er interstate Highway �ystein Wrd %added as the greate ub is work�pr a/ect in history Life in ih" n feel States would not bey ome withautrts vast trn rtvi on net ork and, throughout the 2 Yury, tl}c'X4) QDafwill aan# e thet ro op of innovation in all tra tian fief f co "ntfhumg t o modernizz t nspar ration, an darin I Trgns prtatian JQ!' p honor thA cfessiona /s who help � V1 to kee Spartatmn systems secure, effic rn e able, and safe, as well as f s t? makiri . J�outh aware of too o �: - of - related careers, and, +� U @ WHEREAS, in 2000 the Ba - e insight to develop a Transportation 5e need to create infrastructure to accom ate maticallygrowing population. This division now in it's seventh year with departments handling Transportation Plarrrrmg, Traffic Operations, Transportation Engineering and Construction Management, Road d Bridge Maintenonce, Stormwater Management, as well as Alternative Transportation Modes, has added more than 125 lone miles of i aadways in eleven different road construction projects to the transportation network, and has another 156 lane miles in 17additional ' projects under construction, or in active design, for capacity expansion In addition, the division maintains approximately 4300 miles of roadways, over g0 bridges, annually resurfacing more than 45miles of pavement along the county's transportation network and, WHEREAS, in 2001 the Board of County Commissioners created a transit system where no countywide bus service had previously existed, and now has surpassed more than one million passenger boordings annually. Collier Area °^ Transit - CA Tfor short- maintains 20 buses serving nine fixed routes and recently added Sunday service - taking more than 500, 000 vehicle trips off the overburdened roadways in the past six years,• and, WHEREAS, in Z003 the Board of County Commissioners, realizing not al/ transportation improvements need to be just asphalt and concrete, approved the Landscape Beautification Master Plan to odd trees, shrubs, andground cover along county arterial and mglar collector roadways which has since allowed for the creation of more than 35 miles of roadways to receive these scenic improvements, with another 14 miles of roadways planned to receive landscape this year, adding not only visual relief but calming aesthetics for frazzled motorists and enhancedproperty values for area residents and, WHEREAS, in Z006 technology that had been in the process of being installed for several years was completed resulting in the creation of the Traffic Management center where more than 100 signalized intersections can be controlled by computer, Z7of those monitored by video cameras whereby technicians are able to monitor traffic backups visually and make adjustments to signal timings to lessen delay, particularly during periods of high volumes, thus assisting further with rapacity issuesasgrowth continues in this wonderful paradise so many more are now referring to as home '. NOW THEREFORE, be it prod' a— end''. of Collier Co' - rat Ma' Y Nationalan Lion We a t Commissionrsaloesr�AWDo eLery` one "td + .,� + profesY,o�als;for them elfards rrj h2 /prig. go assafell�and effineniilyas possib %, °:qi a-! Y ir.t t4r-4 fuel ardr�a "e Cal /�er�Area Tnans�t whehevr DONE AND ORDERED THIS 8th Doy of May 2Lt77,.`, ;\ �xr , 4 BOARO i f 4 '000 COLLIER C06N7 ATTEST: DK76HT E. BROOK, CLERK •e we need to all to save Agenda Item No. 4E May 8, 2007 Page 2 of 3 Page I of I Agenda Item No 4E May 8, 2007 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 4E Item Summary: Proclamation proclaiming May 13 -19. 2007 National Transportation Weak. To be accepted by Norman Feder Jay Ahmad. Bob Tiplo, . Gene Calveri. Nick Casalanguida, Diane Flagg John Vllel Meeting Date: 518/2007 590.00 AM Prepared By Lisa Resnick Executive Aide to the BCC Date Board of County Commissioners BCC Office 5IV20073:08.07 PM .Approved By Sue Filson Executive Manager to the BCC Data Boats of County Commissioners BCC Office 512120073:30 PM Approved By James V. Mudd County Manager Data Board of County Commissioners County Manager's Office 512/20074:30 PM Agenda Item No. 5A May 8, 2007 Page 1 of 39 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners provide the County Manager or his designee direction to finalize the recommendations provided in the Collier County Housing Stimulus Program. OBJECTIVE: To have the Board of County Commissioners provide the County Manager or his designee direction to finalize the recommendations provided in the Collier County Housing Stimulus Program. CONSIDERATIONS: Civic and business leaders, as well as large employers of healthcare workers, teachers, law enforcement, and numerous employers are in immediate need of solutions for our long -term workforce housing needs in Collier County. The final recommendations for the Collier County Housing Stimulus Program was presented on April 16, 2007 at a joint workshop with the BCC and the Economic Development Council of Collier County (EDC). This program provides in incentive -based solution and an additional tool to stimulate the development of housing for our community's workforce and essential service personnel. The Housing Element of Collier County's Growth Management Plan prescribes that Collier County increase the number of new affordable- workforce homes by 1000 units each year in an effort to continue to meet the needs of all current and future very -low, low and moderate income residents of Collier County. The proposed Collier County Housing Stimulus Program will help Collier County achieve this goal through an incentive -based approach that will encourage a greater percentage of homes to be built at a more affordable price. In its role as a private partner with Collier County, the Economic Development Council of Collier County teamed up with the Urban Land Institute's Young Leaders to develop a viable and feasible Collier County Housing Stimulus Program in an effort to provide the County with a fiscally- sound, incentive -based program that will support our workforce and our community with affordable homes. This program was presented to the Board of County Commissioners originally in September 2006. The Board of County Commissioners unanimously supported the program, and asked the EDC to return with the enacting policies needed to successfully enable this program. The EDC has completed its extensive review of existing ordinances and policies and has incorporated input from the BCC at the April 16th workshop and additional input from County staff subsequent to the April 16th workshop. These programs are provided to the BCC with the updates with the intent of providing direction for final review and adoption by the Board of County Commissioners. Agenda Item No. 5A May 8, 2007 Page 2 of 39 As proposed, along with it supporting incentive -based policies, the Collier County Housing Stimulus Program is an absolutely necessary program for the sustainable economic future of Collier County. Programs included in this review are: • Resolution supporting the Expedited Review Program and the Density Bonus Program • Resolution updating the Expedited Review Program • Infrastructure Investment Program • Transportation Enhancement Program • Density Bonus Program The Fee Payment Assistance Program is not included at this time as it is still under review. FISCAL IMPACT: There is no request for general revenue funds to implement this program. RECOMMENDATION: To have the Board of County Commissioners provide the County Manager or his designee direction to finalize the recommendations provided in the Collier County Housing Stimulus Program. Prepared by: Tammie Nemecek President Economic Development Council of Collier County 2 Page 1 of 1 Agenda Item No. 5A May 8, 2007 Page 3 of 39 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 5A Item Summary: Presentation by Tammle Namecek, Economic Development Council, regarding the Collier County Housing Stimulus Program Meeting Date: 5/612007 9:00.00 AM Approved By James V. Mudd County Manager Data Board of County County Managers Office 612612007 3:59 P M Commissioners Agenda Item No. 5A May 8, 2007 Page 4 of 39 6.02.03 Transportation Level of Service Requirements A. If the proposed land development or subdivision will generate traffic volumes in excess of 1,000 average daily trips (ADT) or 100 vehicles per hour, peak hour /peak season, whichever is more restrictive, then a traffic analysis, prepared by a professional engineer, shall be provided by the applicant. B. The analysis shall show the impact on the proposed internal streets of the subdivision or development and existing externally affected streets_ —The analysis shall be used to determine the street classification, width and number of traffic lanes internal to the development, and any requirements for off -site (external) improvements on the existing street system per the GMP. C. Level of service calculations for road facilities means calculations for peak hour traffic on a roadway segment for maximum service volumes at the adopted LOS. Peak hour is calculated as the 100th highest hour based on a ten (10) month period (omitting February and March), which is generally equivalent to the 250th highest hour for a twelve (12) month period. For design of roadway capacity projects, the 30th highest hour for a twelve (12) month period at LOS "D" will be utilized. D. In assessing the capacity of a County road segment, a state road segment or TCMA for the purpose of determining whether it is operating below the adopted LOS, or would based on the traffic impacts identified in an approved TIS submitted as part of an application for a final local developments order, the County shall consider: 1. Current roadway facilities including, but not limited to, number of lanes, provision of turn lanes, operation of intersections, and number of signals. 2. Capital road improvements under construction, or for which the construction contract has been let. 3. Any improvements that are guaranteed in an enforceable development agreement in which the improvements are completed or under construction, or for which the construction contract has been let, before the impacts from the development or phased development accrue to the roadway system. 4. Construction of the required capital improvement is included in the first or second year of either the Florida DOT five (5) year work program Transportation Enhancement Program (00095938- 16).DOC Agenda Item No. 5A May 8, 2007 Page 5 of 39 or the first or second year of the Collier County Schedule of Capital Improvements adopted as part of the Annual Update and Amendment of the Capital Improvements Element (CIE) and Collier County Annual Budget that follows approval of the AUIR. 5. The BCC has made an express finding, after a public hearing, that the current five- (5) year capital improvement schedule is based on a realistic, financially feasible program of funding from existing revenue sources. 6. The final local development order is for a project located within a TCEA or TCMA designated in the GMP which meet the applicable requirements of Policies 5.5 through 5.9 of the Transportation Element. 7. The necessary facilities are the subject of a binding commitment with the developer to contribute fair share funding as provided for in Policy 5.9 of the Transportation Element, if applicable, or to construct the needed facilities. E. Potentially deficient road segments. 1. A County or State road segment shall be considered potentially deficient when located on the major road network system whose adopted LOS standard is LOS "C" or LOS "D," peak season, peak hour, that is presently operated at its adopted LOS, or whose adopted LOS is LOS "D" peak season, peak hour, and has operated at LOS "E" peak season, peak hour, for two (2) years or less, based on the AUIR. 2. A potentially deficient road segment which has an adopted LOS 'D" peak season, peak hour, may operate at LOS "E," peak season, peak hour, for two (2) years before it shall become a deficient road segment. 3. A County or State road segment shall be considered potentially deficient when located on the major road network system whose adopted LOS standard is "E," peak season, peak hour, that is presently operating at LOS "E" peak season, peak hour, based on the AUIR. 4. In determining the capacity of a County road segment or a State road segment for the purpose of determining whether it is a potentially deficient road segment, the County shall consider: 2 Transportation Enhancement Program (00095938- 16).DOC Agenda Item No. 5A May 8, 2007 Page 6 of 39 a. Any capital road improvement currently in place. b. Any capital road improvement that is under construction. c. Any capital road improvement guaranteed in an enforceable development agreement that includes the provisions in subsections 6.02.03 E.1. and 6.02.03 E.3. d. The actual construction of the required capital road improvement is included and is scheduled to commence in or before the third year of the State's five (5) year work program and the County's current five (5) year capital improvement schedule adopted as part of the GMP. e. The BCC has made an express finding, after a public hearing, that the current five (5) year capital improvement schedule is based on a realistic, financially feasible program of funding from existing revenue sources. F. The LOS for capital road facilities on the major road network system are as set forth in Policy 1.1.5 of the CIE and Policy 1.4 of the Transportation Element of the GMP. G. Determination of public facility adequacy for the road component shall be based upon whether the proposed development is outside a designated ASI or within a designated ASI. 1. For development outside a designated ASI, or where no ASI exists, the road component shall be granted. 2. For development within a designated ASI covering a potentially deficient road segment, the road component shall be approved, subject to available capacity, if it is demonstrated that the proposed development will not make the potentially deficient road segment within the ASI a deficient road segment. In the instance where the proposed development will create a deficient road segment, a certificate of public facility adequacy for the road component shall be approved only for that portion of the development that does not create the deficient road segment. For development within a designated ASI covering a deficient road segment, the road component shall be approved only for that portion of the development that does not increase the net trips on the deficient road 3 Transportation Enhancement Program (00095938- 16).DOC Agenda Item No. 5A May 8, 2007 Page 7 of 39 segment and does not further degrade the LOS of the deficient road segment. H. Affordable Housing Transportation Enhancement Program It is the intent of Collier County to encourage development and retention of affordable - workforce housing throughout the County, and in particular in proximity to employment centers. The Transportation Enhancement Program is designed to provide incentives to developers of housing to be sold or rented to individuals whose incomes do not exceed 150 percent of the median area household income. In recognition of the reduced number of vehicle trios produced by households at this income level, the Program provides credit in the applicant's TIS for trips generated by dwelling units set aside for ownership or rental by these households. In addition, qualified developments may receive additional credit for proximity to employment centers or including a mix of land uses within the development. _ 2. Definitions. The following terms have the meanings defined below for purposes of the Transportation Enhancement Pro=gram: a. "Affordable- Workforce Housing' means dwelling units for sale or rent to families whose incomes do not exceed 150 percent of the area median income. i. "Very low income families' means families whose incomes do not exceed 50 percent of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Development. ii. "Low income families' means families whose incomes are more than 50 percent but do not exceed 60 percent of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Development. iii. "Workforce income families' means families whose incomes are more than 60 percent but do not exceed 80 percent of the median income for the area as determined Transportation Enhancement Program (00095938- I6).DOC Agenda Item No. 5A May 8, 2007 Page 8 of 39 by the Secretary of the U.S. Department of Housing and Urban Development. iv. "Gap income families' means families whose incomes are more than 80 Percent but do not exceed 150 percent of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Develo ment. b. "Employment Center' means an existing or planned development of 20 acres or more consisting of uses allowed in the Rural - Industrial, Urban - Commercial and Urban - Industrial Districts of the Future Land Use Element of the Comprehensive Plan. c. " TIS" means the Traffic Impact Statement pared by the applicant in accordance with the Guidelines published by the Collier County Transportation Services Division to analyze proposed development for compliance with transportation concurrence requirements d. "Qualified development' means a development with at least 15 percent of the dwelling units set aside for sale or rent as Affordable - Workforce Housing. e. "Qualified business park and qualified research park" means an existing planned development consisting of uses allowed in the Business Park and Research and Technology Park subdistricts of the Future Land Use Element of the Comprehensive Plan. "Planned development" means a 1roposed develol2ment which has received site and development plan approval pursuant to section 10 02 03 of this Code Planned development includes Affordable - Workforce Housing proposals which are planned concurrently with a Qualified Business Park, Qualified Research Park or an Emplo moment_ Center. Transportation Enhancement Program (00095938- 16).DOC Agenda Item No. 5A May 8, 2007 Page 9 of 39 g. "Mixed Use development" means a development that incorporates both a Qualified Development and a Qualified Business Park, Research Park, or other Employment Center. 3. Applicability. Pursuant to the requirements established in this section, a Qualified Development shall receive a credit equal to the number of vehicle trips generated by the number of housing units in the development to be set aside for Vey Low, Low and Workforce income families, based upon the trip generation rates established in the TIS Guidelines. A development may also receive one of the following additional credits, if qualified: a. A development located within two (2) miles of a Qualified Business or Research Park or other Employment Center shall receive a credit equal to 20 percent of the Gap income families' residential trips calculated for the project based on the trip generation methods in the TIS Guidelines. b. A Mixed Use Development shall receive a credit equal to 100 percent of the Gap income families' residential trips calculated for the project based on the trio generation methods in the TIS Guidelines. 4. Any person seeking trip generation credit for a proposed affordable housing development shall file with the Administrator of Community Development and Environmental Services an application for credit, which shall be an addendum to the Department's application for rezoning or r Site Development Plans, as applicable. The Department shall revise the rezoning and Site Development Plan applications to incorporate the following information for a credit application: a. The name and address of the applicant; b. An up to date, complete legal description of the site upon which the development is proposed to be located; C. The total number of dwelling units in the proposed development; d. The total number of dwelling units set aside for Affordable - Workforce Housing; Transportation Enhancement Program (00095938- 16).DOC Agenda Item No. 5A May 8, 2007 Page 10 of 39 e. The distance, in vehicle miles, from any boundary of the development site to the closest boundary line of a Qualified Business or Research Park. or Employment Center, if applicable; f. A map showing the locational relationship between the proposed development and the location of the Qualified Business or Research Park. or Employment Center, if ap llp •cable; g` The name and address of the Qualified Business or Research Park, or Employment Center, and the name and telephone number of a designated contact person for said Park or Center, if applicable; and h The proposed site plan for the proposed development including the location and acreage of each type of land use. If the proposed development meets the requirements for an affordable housing _trip generation credit as set forth in this article the Administrator or his or her designee shall approve a trip generation credit for the owner or applicant and direct the applicant to submit a TIS based ul2on the credit. The Administrator or his or her designee may also approve additional discounts of trips generated by an Employment Center Qualified Business Park or Oualified Research Park contained within a Oualified Development provided the total volume does not exceed 110% of the capacity level. 5. Restrictions for Developments Approved for Trip Generation Credit The applicant for a Trip Generation Credit shall agree to the following restrictions: a. The sale, lease with option to purchase, or other convey of each affordable housing unit in the development shall be to a buver whose household income has been verified and certified in accordance with this section to not exceed 150 percent of the area median income. Such verification and certification shall be the responsibility of the developer and shall be submitted to the Department on a yearly basis for review. b. When the developer advertises, sells or maintains the Affordable - Workforce Housing unit, it must advertise, sell and Transportation Enhancement Program (00095938- 16).DOC Agenda Item No. 5A May 3, 2007 Page 11 of 39 maintain the same in a nondiscriminatory manner and make available any relevant information to any person who is interested in purchasing such Affordable - Workforce Housing unit. b. The developer shall agree to be responsible for payment of any real estate commissions and fees. d. The Affordable - Workforce Housing units in the development shall be identified on all building plans submitted to the county and described in the application for the trip generation credit. e. The conditions contained in this section shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the property and ever person having anv interest therein at anytime and from time to time. Transportation Enhancement Program (00095938- 16).DOC Agenda Item No. 5A May 8, 2007 Page 12 of 39 2.06.00 AFFORDABLE HOUSING DENSITY BONUS 2.06.01 Generally_ �A— Within most of the coastal urban designated areas identified on the future land use map of the Collier County GMP, a base density of four (4) residential dwelling units per gross acre is permitted. However, the base density may be adjusted depending on the characteristics of the development. One characteristic of a housing development which would allow the addition of density bonuses in order to increase the density over the base density is the provision of affordable housing in the development. The provision of affordable housing units may add up to eight (8) dwelling units per gross acre to the base density of four (4) residential dwelling units per gross acre, for a total of twelve (12) residential dwelling units per gross acre, plus any other density bonuses available, and minus any density reduction for traffic congestion area required, pursuant to the Collier County GMP. The total eligible density must not exceed a total of sixteen (16) dwelling units per gross acre, except as allowed through use of transfer of development rights, as provided for in the growth management plan. The program to accomplish this increase to provide affordable housing is called the Affordable Housing Density Bonus (. 13H-6AHDB ) Program. kB— LWithin most of the Immokalee Urban area, as identified on the Immokalee area master plan future land use map of the growth management plan, base densities are four or six or eight residential dwelling units per gross acre. However, the base density may be adjusted depending on the characteristics of the development. One characteristic of a housing development that would allow the addition of density bonuses is the provision of affordable housing in the development. The provision of affordable housing units may add up to eight dwelling units per gross acre to the base density of four, six or eight residential dwelling units per gross acre, for a total of twelve, fourteen or sixteen residential dwelling units per gross acre, plus any other density bonuses available. The total eligible density must not exceed a total of 16 dwelling units per gross acre, except as provided in the Immokalee Area Master Plan. fC. L.Within the Rural Lands Stewardship Area Overlay of the Agricultural /Rural area, as identified on the future land use map of the growth management plan, towns, villages, hamlets and compact rural dev nt sdevelopments are allowed at a density range of one -half to four dwelling units per gross acre. The allowed density may be adjusted depending on the characteristics of the development. One characteristic of a housing development that would allow the addition of density bonuses is the provision of affordable housing in the development. The provision of affordable housing units may add up to eight dwelling units per gross acre to the allowed density of one -half to four dwelling units per gross acre, for {3907/00/00150835.DOC, 1 } Agenda Item No. 5A May 8, 2007 Page 13 of 39 a total of eight and one -half to twelve and one -half residential dwelling units per gross acre, plus any other density bonuses available. kD —)=In order to qualify for the AHDB for a development, the developer must apply for and obtain the AHDB from the County for a development in accordance with this section, especially in accordance with the provisions of the AHDB program, including the AHDB rating system, the AHDB monitoring program, and the limitations on the AHDB. III -- Preapplication conference. Prior to submitting an application for AHDB, a preapplication conference may be scheduled with the County Manager or his designee. If the proposed development is to include affordable housing, *'lam g and ur -ban i e-4# d4 * ;r the Country Manager or his or her designee must participate in the preapplication conference. The preapplication conference provides an opportunity to familiarize the applicant with the AHDB program and provides an opportunity for the county staff to obtain a clear understanding of the proposed development. The AHDB rating system, the AHDB monitoring program, the limitations, criteria, procedures, standard conditions, standard forms, and other information will be discussed and made available to the applicant. Depending on the type of development proposed, the application may be combined with an application for a planned unit development (PUD), a rezone, or a Stewardship Receiving Area. Q 2— Application. An application for AHDB for a development must be submitted to the County Manager or his designee in the form established by the County Manager or his designee. One additional copy of the application as otherwise required must be provided for the County Manager or his designee. The application must, at a minimum, include: a. a,.—Zoning districts proposed by the applicant on the property and acreage of each; b. 14—The total number of residential dwelling units in the proposed development , categorized by number of bedrooms and whether the unit is to be rented or owner- occupied; C. The total number of AHDB units requested, categorized by number of bedrooms and whether the unit is to be rented or owner - occupied; I 4—.Total number of affordable housing units proposed in the development categorized by level of income of Gan, Workforce, Low and Very 2 3907/00/0015083 5.DOCv I) Agenda Item No. 5A May 8, 2007 Page 14 of 39 Low as defined in Table A. number of bedrooms, and rental units and owner - occupied units: e. e--Gross density of the proposed development ; f. '. Whether the AHDB is requested in conjunction with an application for a planned unit development (PUD), an application for rezoning, or an application for a Stewardship Receiving Area; and n. Any other information which would reasonably be needed to address the request for AHDB for the development pursuant to the requirements set forth in this section. 13i -- Determination of completeness. After receipt of an application for AHDB, toe 149us4ng aRE4 Hrban ; the County Manager or his or her designee shall determine whether the application submitted is complete. If he determines that the application is not complete, t44e t44 149USiR T an-' i.14?a +A dirt-4i-3; the County Manager or his or her designee shall notify the applicant in writing of the deficiencies. toe 14ou ing and ...a,,., :....__ a:_.. the County Manager or his or her designee shall take no further steps to process the application until the deficiencies have been remedied. W 4— Review and recommendation by the County Manager or designee. After receipt of a completed application for AHDB, the County Manager or designee must review and evaluate the application in light of the AHDB rating system, the AHDB monitoring program and the requirements of this section. The County Manager or designee must coordinate with the development services director to schedule the AHDB application with the companion application for rezoning, planned unit development or stewardship receiving area, and must recommend to the planning commission and the BCC to deny, grant, or grant with conditions, the AHDB 3 {3 90 7/00/001 5 0 8 3 5.DOCv1 } Agenda Item No. 5A May 8, 2007 Page 15 of 39 application. The recommendation of the County Manager or designee must include a report in support of his or her recommendation. Applications for AHDB which set aside at least 15% of the total number of units for affordable- workforce housing must be recommended for approval if they meet the criteria for the program. Such evaluation is separate from the evaluation of the companion application for consistency with the land development regulations and the Growth Management Plan j�5 --5—.Review and recommendation by the planning commission. Upon receipt by the planning commission of the application for AHDB and the written recommendation and report of the County Manager or designee, the planning commission must schedule and hold a properly advertised and duly noticed public hearing on the application. If the application has been submitted in conjunction with an application for a PUD, then the hearing must be consolidated and made a part of the public hearing on the application for the PUD before the planning commission, and the planning commission must consider the application for AHDB in conjunction with the application for the PUD. If the application has been submitted in conjunction with an application for a rezoning, then the hearing must be consolidated and made a part of the public hearing on the application for rezoning before the planning commission, and the planning commission must consider the application for AHDB in conjunction with ` the application for rezoning. If the application has been submitted in conjunction with an application for a stewardship receiving area, then the hearing must be consolidated and made a part of the public hearing on the application for stewardship receiving area before the planning commission, and the planning commission must consider the application for AHDB in conjunction with the application for stewardship receiving area. After the close of the public hearing, the planning commission must review and evaluate the application in light of the requirements of this section and the requirements for a rezoning, PUD rezoning, or stewardship receiving area, as applicable, and must recommend to the BCC that the application be denied, granted or granted with conditions. Applications for AHDB which set aside at least 15% of the total number of units for affordable- workforce housing must be recommended for approval if they meet the criteria for the program Such evaluation is separate from the evaluation of the companion application for consistency with the land development regulations and the Growth Management Plan. H— Review and determination by board of county commissioners. Upon receipt by the BCC of the application for AHDB and the written recommendation and report of the County Manager or designee and recommendation of the planning commission, the BCC must schedule and hold a properly advertised and duly noticed public hearing on the application. If the application has been submitted in conjunction with an application for a planned unit development (PUD), then the hearing must be 4 13 907/00/0015083 5.DOCv 1 } Agenda Item No. 5A May 8, 2007 Page 16 of 39 consolidated and made a part of the public hearing on the application for the planned unit development (PUD) before the BCC, and the BCC must consider the application for AHDB in conjunction with the application for the planned unit development (PUD). If the application has been submitted in conjunction with an application for a rezoning, then the hearing must be consolidated and made a part of the public hearing on the application for rezoning before the BCC, and the BCC must consider the application for AHDB in conjunction with the application for rezoning. If the application has been submitted in conjunction with an application for a stewardship receiving area, then the hearing must be consolidated and made a part of the public hearing on the application for stewardship receiving area before the BCC, and the BCC must consider the application for AHDB in conjunction with the application for stewardship receiving area. After the close of the public hearing, the BCC must review and evaluate the application in light of the requirements of this section and the requirements for a rezoning, and must deny, grant, or grant with conditions, the application in accordance with the AHDB rating system and the AHDB monitoring program. Applications for AHDB which set aside at least 15% of the total number of units for affordable - workforce housing must be recommended for approval if they meet the criteria for the program Such evaluation is separate from the evaluation of the companion application for consistency with the land development regulations and the Growth Management Plan, (E — ).The procedures to request approval of a density bonus are described in Chapter 10 of this LDC, along with requirements for the developer's agreement to ensure compliance. 2.06.02 Purpose and Intent A. LAILSectiion 2.06.00 is intended to implement and be consistent with the GMP, § 163.3161et seq. F.S, Rule 9J -5, F.A.C., and the Stipulated Settlement Agreement in DOAH Case No. 89 -1299 GM, by providing f•-- FR drat, 1. , a - - 1 hghousing for individuals and families with incomes which do not exceed 150 percent of the area median household income through the use of density bonuses which allow an increase in the number of residential dwelling units per acre allowed on property proposed for development, thereby decreasing the per unit cost of land and development. JB —LThis objective is accomplished by implementing an AHDB program which consists of an AHDB rating system and an AHDB monitoring program. The purpose of the AHDB rating system is to provide increased residential densities to developers who guarantee that a portion of their housing development will be affordable by households of •4iRieFat^ 1^- - - -1 with incomes which do not exceed 150 5 {3907/00/00150835.DOCvI Agenda Item No. 5A May 8, 2007 Page 17 of 39 percent of the area median household income, thus expanding housing opportunities for.. .,a, ..t, ], and �,-er-y le ineam-e 1 eholds t4f g4 # toe t,,.individuals and families throughout the county with incomes which do not exceed the area median household income Further, the AHDB guarantees increased residential densities to developers who set aside at least 15 percent of their housing development as affordable by households with incomes which do not exceed 150 percent of the area median income. The purpose of the AHDB monitoring program is to provide assurance that the program is properly implemented, monitored, and enforced, and that useful information on affordable housing may be collected. 2.06.03 AHDB Rating SystemA. LA) The AHDB rating system shall be used to determine the amount of the AHDB which may be granted for a development , based on household income level, type of affordable housing units (owner - occupied or rental, single - family or multi- family), and percentage of affordable housing units in the development . To use the AHDB rating system, Table A below, shall be used. Table A shall be reviewed and updated, if necessary, on an annual basis by the BCC or its designee. W 1-- First, choose the household income level (50% of median income, 60% of median income, or 80% of median income, 150% of median income) of the affordable housing unit(s) proposed in the development, and the type of affordable housing units (owner- occupied or rental, single - family or multi - family, where applicable) to be provided, as shown in Table A. An AHDB based on the household income level is shown in Table A. Q2 z —Table A will indicate the maximum number of residential dwelling units per gross acre that may be added to the base density. These additional residential dwelling units per gross acre are the maximum AHDB available to that development. Developments with percentages of affordable housing units which fall in between the percentages shown on Table A shall receive an AHDB equal to the lower of the two (2) percentages it lies between, plus one -tenth (1/10) of a residential dwelling unit per gross acre for each additional percentage of affordable housing rental units in the development. For example, a development which has twenty-four (24) percent of its total residential dwelling units as affordable housing units, at the 80 percent level will receive an AHDB of 2.4 residential dwelling units per gross acre for the development. f?1 3 7—Where more than one (1) type of affordable housing unit (based on level of income shown in Table A) is proposed for a development, the AHDB for each type shall be calculated separately. After the AHDB calculations for each type of 6 13907/00/00150835.DOCv] } Agenda Item No. 5A May 8, 2007 Page 18 of 39 affordable housing unit have been completed, the AHDB for each type of unit shall be added to those for the other type(s) to determine the maximum AHDB available for the development. In no event shall the AHDB exceed eight (8) dwelling units per gross acre. Table A. Affordable Work once Housing Density Bonus (Additional Available Dwelling Units Per Gross Acre) TABLEINSET: Maximum Allowable Density Bonus by Percent of Development Designated as Affordable- Workforce Housing Household Product Income ( %10% 0% 0% 0% 50% 0% 0% 0% 0% 00% median) More than -10- -150% ap 1 2 3 4 3 5 5 6 6 n/a I ** More than 1- 0 - -80% Workforce I* Low More than 31- 0 - -60% MI ery Low 0% or less I *Owner- occupied only * *May only be used in conjunction with at least 10% which do not exceed 80% MI Total Allowable Density = Base Density + Affordable - Workforce Housing Density Bonus In no event shall the maximum gross density allowed exceed 16 units per acre, except as provided in the Immokalee Area Master Plan At no point may the ratio of AHDB exceed 1 additional market rate unit per 1 affordable- workforce housing unit except as provided in the Immokalee Area Master Plan. 13 907/00/001 50 63 5.DOCv1 } Agenda Item No. 5A May 8, 2007 Page 19 of 39 BW 9 —The AHDB shall be available to a development only to the extent that it otherwise complies and is consistent with the GMP and the land development regulations, including the procedures, requirements, conditions, and criteria for "PUDs" and rezonings, where applicable. CQ D —The ratio of number of bedrooms per affordable housing unit shall in general be equal to the ratio of the number of bedrooms per residential unit for the entire development. 2.06.04 Limitations on Affordable Housing Density Bonus__Anything to the contrary notwithstanding, the following limitations and conditions shall apply to all of the AHDB for a development: tA— LAffordable housing density bonus development agreement required. The AHDB shall be available to a development only when an AHDB development agreement has been entered into by the developer /applicant and the BCC, and such agreement has been approved by the county attorney and the BCC pursuant to the public hearing process established in this section prior to execution. Amendments to such agreement shall be processed in the same manner as the original agreement. The AHDB development agreement shall include, at a minimum, the following provisions: lW 4—Legal description of the land subject to the agreement and the names of its legal and equitable owners. Q Total number of residential dwelling units in the development. QJ 4— Minimum number of affordable housing units, categorized by level of household income, type of unit (single - family or multifamily, owner- occupied or rental), and number of bedrooms, required in the development. 4—.Maximum number of AHDB dwelling units permitted in the development. X51 --.—Gross residential density of the development. 8 {3 909/00/00 1 5 0 8 3 5DOCv l } Agenda Item No. 5A May 8, 2007 Page 20 of 39 kO (3 - Amount of monthly rent for rental units, or the price and conditions under which an owner - occupied unit will be sold, for each type of affordable housing unit in accordance with the definition for each type of affordable housing rental unit (^ '� tatrgap, workforce, low, and very low). L71 ;L.- -The foregoing notwithstanding, any rent charged for an affordable housing unit rented to a low or very low income family shall not exceed 90 percent of the rent charged for a comparable market rate dwelling in the same or similar development. Comparable market rate means the rental amount charged for the last market rate dwelling unit of comparable square footage, amenities, and number of bedrooms, to be rented in the same development. LS *—No affordable housing unit in the development shall be rented to a tenant whose household income has not been verified and certified in accordance with this division as�o-ap, workforce. low,-9f very low income family. Such verification and certification shall be the responsibility of the developer and shall be submitted to the County Manager or his designee for approval. Tenant income verification and certification shall be repeated annually to assure continued eligibility. IL No affordable housing unit that is to be sold, leased with option to purchase, or otherwise conveyed in the development shall be sold, leased with option to purchase, or otherwise conveyed to a buyer whose household income has not been verified and certified in accordance with this section as ^,n gap, workforce. low, or very low income family. Such verification and certification shall be the responsibility of the developer and shall be submitted to the County Manager or his designee for approval. It is the intent of this section to keep housing affordable; therefore, any person who buys an affordable housing unit must agree, in a lien instrument to be recorded with the Clerk of the Circuit Court of Collier County, Florida, that if he sells the property (including the land and /or the unit) within 15 years after his original purchase at a sales price in excess of five percent per year of his original purchase price that he will pay to the county an amount equal to one -half of the sales price in excess of five percent increase per year. The lien instrument may be subordinated to a qualifying first mortgage. /101 4- -For example, a person originally buys a designated affordable housing unit (a house) for $60,000.00 and sells it after five years for $80,000.00. A five percent increase per year for five years will give a value of $76,577.00. Deducting this amount from the sales price of $80,000.00 gives a difference of $3,423.00. The seller would then owe the county $1,711.50 (one -half of $3,423.00). Payment of this amount would release the first owner from the recorded lien against the property. Such payment shall be maintained in a segregated fund, established by the county solely for 9 {3907 /00 /00150835.DOCv I) Agenda Item No. 5A May 8, 2007 Page 21 of 39 affordable housing purposes, and such money shall be used solely to encourage, provide for, or promote affordable housing in Collier County. 11 !I. No affordable housing unit in any building or structure in the development shall be occupied by the developer, any person related to or affiliated with the developer, or a resident manager. 1U2 42L—When the developer advertises, rents, sells or maintains the affordable housing unit, it must advertise, rent, sell, and maintain the same in a nondiscriminatory manner and make available any relevant information to any person who is interested in renting or purchasing such affordable housing unit. The developer shall agree to be responsible for payment of any real estate commissions and fees. The affordable housing units in the development shall be identified on all building plans submitted to the county and described in the application for AHDB. LL31 k� —The developer shall not disclose to persons, other than the potential tenant, buyer or lender of the particular affordable housing unit or units, which units in the development are designated as affordable housing units. 14. The square footage, construction and design of the affordable housing units shall be the same as market rate dwelling units in the development. 1- 5j 4-,-- -The AHDB agreement and authorized development shall be consistent with the growth management plan and land development regulations of Collier County that are in effect at the time of development. Subsequently adopted laws and policies shall apply to the AHDB agreement and the development to the extent that they are not in conflict with the number, type of affordable housing units and the amount of AHDB approved for the development. 16 �6 —The affordable housing units shall be intermixed with, and not segregated from, the market rate dwelling units in the development. 1U7 47. The conditions contained in the AHDB development agreement shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the property and every person having any interest therein at anytime and from time to time. 1U81 � —The AHDB development agreement shall be recorded in the official records of Collier County, Florida, subsequent to the recordation of the grant deed pursuant to which the developer acquires fee simple title to the property. 10 {3 90 7/00/00 1 50 8 3 5.DOCvl } Agenda Item No. 5A May 8, 2007 Page 22 of 39 LU9 19 Each affordable housing unit shall be restricted to remain and be maintained as the type of affordable housing rental unit (mn ate-gap, workforce. low, or very low income) designated in accordance with the AHDB development agreement for at least 15 years from the issuance of a certificate of occupancy for such unit. 201 -24 —The developer and owner of the development shall provide on -site management to assure appropriate security, maintenance and appearance of the development and the dwelling units where these issues are a factor. LM 13 Compliance with growth management plan and land development regulations. The AHDB shall be available to a development only to the extent that it otherwise complies and is consistent with the GMP and the land development regulations, including the procedures, requirements, conditions and criteria for planned unit developments (PUDs) and rezonings, where applicable. LQ Percentase of affordable housing units To Qualify for the AHDB program, the developer must reserve a portion of the total units in the development for affordable- workforce housing. However, an AHDB shall be provided for developments which guarantee at least 15 percent of the total units for afford able- workforce housing, provided that the bonus meets the requirements of subsection B above Q Minimum number of affordable housing units. The minimum number of affordable housing units that shall be provided in a development pursuant to this section shall be ten affordable housing units. LU B— Nontransferable. The AHDB is not 'rw, letransferable between developments or properties. M E--.Phasing. In the case where a development will occur in more than one phase, the percentage of affordable housing units to which the developer has committed for the total development shall be maintained in each phase and shall be constructed as part of each phase of the development on the property. For example, if the total development's AHDB is based on the provision of ten percent of the total dwelling units as affordable housing rental units for low income households with two bedrooms per unit, then each phase must maintain that same percentage (ten percent in this case) cumulatively. 11 13 90 7/00/00 1 50 8 3 5.DOCv l ) Agenda Item No. 5A May 8, 2007 Page 23 of 39 Article IV. Infrastructure Investment Program. Sec. 49 -60. Intent. It is the intent of Collier County to encourage the provision and retention of affordable housing throughout hroughout the Count3: by providing a variety of incentives for development of affordable housing. The Infrastructure Investment Program authorizes the use of ad valorem revenues generated by a Qualified Development to fund Approved Infrastructure costs of the development. Section 49 -61. Definitions. (1) "Qualified development' means a project that sets aside at least 20 percent of the total residential units for sale or rent to individuals whose incomes do not exceed 150 percent of the area median household income; provides Approved Infrastructure to serve the development; and is approved to participate in one or more of the following Collier County Housing Stimulus Programs: a. The Housing Fee ee Payment Assistance Program, pursuant to section 74 -401 of this code; b. The Transportation Enhancement Program, pursuant to section 6.02.03 of the Land Development Code; C. The Affordable Housing Density Bonus Program, pursuant to section 2.06.00 of the this code; and d. The Fast Track Permitting and Innovation Program, pursuant to Collier County Resolution No. 2005 -408. This ordinance is not intended to apply to a development located within a Community Redevelopment Area designated pursuant to section 163, Part III, Florida Statutes. (2) "Approved Infrastructure" means the following basic infrastructure to serve the Oualified Development: a. Water management and control for the lands within the development and to connect some or any of such facilities with roads or bridges; b. Water supply, sewer and wastewater management, reclamation, reuse and any combination thereof, including connecting intercepting tercepting or outlet sewers and sewer mains and pipes and water mains, conduits, or pipelines, in, along, and under any street, alley, highway, or other public place or ways, and to dispose of any effluent, residue or other byproducts of such system or sewer system; C. Bridges or culverts which may be needed across any drain, ditch, canal, floodway, holdingbasin, excavation, public highway, tract, grade, fill, or cut and roadways over levees and embankments, and to construct any and all of such work and improvements across, through, or over any public right -of -way, highway, grade, fill or _. c Agenda Item No. 5A May 8, 2007 Page 24 of 39 d. Grading and installation of internal subdivision streets, including landscaping and sidewalks within the public rights -of -way or dedicated12ublic easements. Such streets must meet or exceed County_ specifications, and must be dedicated to the public after completion; e. Stormwater conveyance and management facilities, including gutters, drains, swales holding ponds settling ponds or other facilities approved for the project; f. Street lighting, entrance lighting or other lighting for security purposes; g. Buses, trolleys, transit shelters, ridesharing facilities and narking improvements and related signage; h. Any other utility or infrastructure within the public rights -of -way to serve the development which may be provided by the District pursuant to its statutory authori or agreement with the County; and i. Any other utility or infrastructure improvement, either onsite or offsite, which is expressly required by or approved by a local government development order. (6) "District" means a special district, established pursuant to Chapter 189 Florida Statutes; a community development district established pursuant to Chapter 190, Florida Statutes; or a public or private non - profit entity formed to construct and operate the Approved Infrastructure to serve a Qualified Development (7) "Interlocal Agreement" means an agreement entered into, and governed by, Section 163.01, Florida Statutes. (8) "Gross Ad Valorem Revenue' means the total ad valorem revenue generated by a Qualified Development. (9) "Qualified Business Park and Qualified Research Park" means an existing or planned development consisting of uses allowed in the Business Park and Research and Technology Park sub - districts of the Future Land Use Element of the Comprehensive Plan. (10) "Emlloyment Center' means an existing or planned development of 20 acres or more consisting of uses allowed in the Rural- Industrial, Urban - Commercial and Urban - Industrial Districts of the Future Land Use Element of the Comprehensive Plan (11) "Mixed Use Development' means a development that incorporated both a Qualified Development and a Qualified Business Park, Qualified Research Park and /or other Employment Center. (12) 'Planned Development' means a proposed development Sec 49 -62. Application Reauirements An applicant seeking approval for the Infrastructure Investment Program must file an application with the County Administrator, or his or her designee, including the following information: Agenda Item No. 5A May 8, 2007 Page 25 of 39 (1) The name, address and contact telephone numbers of the applicant; (2) The legal description of the property to be developed; (3) The approximate amount of open space to be provided; (4) The street layout of the development; (5) The acreage and location of property intended for use as public parks recreation areas, streets, public utilities and pubic improvements of any nature; (6) The total number of residential dwelling units; (7) The total number of residential dwelling units for sale or rent to individuals whose incomes do not exceed 80 percent of the area median household income; (8) The total number of residential units set aside for sale or rent to individuals whose incomes are more than 80 percent but do not exceed 150 percent of the area median household income: (9) The name of the Collier County Housing Stimulus Program for which the applicant is approved and any project number within that Program-, (10) A copy of the Impact Fee Deferral Agreement or Affordable Housing Density Bonus Agreement, if applicable; (11) The Fiscal Impact Analysis for the development; and (12) A certified statement that the developer will abide by all the requirements of the applicable Housing Stimulus Program. am. Sec. 49 -63. Interlocal Agreement. If approved for the program, a District Drovidin infrastructure to a Qualified Development may enter into an Interlocal Agreement or other enforceable agreement with the County to authorize reimbursement to the District of Approved Infrastructure costs from Gross Ad Valorem Revenues generated. The Interlocal Agreement must: (1) Include a list of Approved Infrastructure to serve the Qualified Development which will be financed by the District; (2) Identify the type and terms of financing which will be utilized by the District to provide the Approved Infrastructure; (3) Provide for the County to collect and separately account for ad valorem revenues generated by or attributable to the development during the term of the Agreement; (4) Provide for reimbursement to the District of the costs of Approved Infrastructure to serve the development in the manner and subject to the restrictions prescribed in this Section; (5) Include as back -up data a Fiscal Impact Analysis meeting the requirements of Subsection (D), which must be incorporated by reference into the Agreement; Agenda Item No. 5A May 8, 2007 Page 26 of 39 (6) Require the District to provide to the County Administrator, or his designee, an updated analysis of ad valorem revenues on a yearly basis (7) Provide for the timing of reimbursement payments, and a schedule of such payments, if applicable, based upon the Fiscal Impact Analysis; and (8) Be executed by all parties no later than approval of a Site Development Plan for the development unless an extension is mutually agreed upon by the District and the County. (9) Demonstrate that the Qualified development is fiscally neutral or positive as measured over a 20-year period, including the reimbursement amount as determined in Section 49.65 as cost. Sec. 49 -64. Fiscal Impact Analusis The fiscal impact analysis shall be performed using a fiscal impact analysis model (Model) that must meet the following requirements: (1) The Model shall be calibrated to Collier County standards that are required by the Model such as current and past budgets persons per household current impact fee schedule, current population numbers etc. (2) The Model will calculate fiscal analysis using both capital and operating revenues and costs. (3) The Model will also be able to calculate the gross ad valorem revenues generated by the project by year to be used in Section 49 -65. Sec. 49-65. Reimbursement. (1) The Infrastructure Investment Program is a reimbursement program If approved for the Program, evidenced by an approved Interlocal Agreement the District will be reimbursed for the costs of Approved Infrastructure. The reimbursement amount will be a 12ercentage of Gross Ad Valorem Revenue equal to the percentage of residential dwelling units set aside for sale or rent in the Project to individuals whose incomes do not exceed 120 percent of the area median household income For example if 15 percent of the total residential dwelling units are sold or rented to individuals whose incomes do not exceed 120 percent of the area median household income the applicant will be entitled to 15 percent of the Gross Ad Valorem Revenues generated by the Project. (2) An additional 5 percent of Gross Ad Valorem Revenues would be added to the reimbursement provided in subsection (E)(1) for a Qualified Development which is also located within five (5) miles of a Oualified Business Park Oualified Research Park, or Other Em lloyment Center. Alternatively, an additional 15 percent of Gross Ad Valorem Revenues would be added to the reimbursement provided in subsection (E)(1) for a Mixed Use Development. (3) In no case shall the reimbursements provided under subsections (E)(l)and (2) exceed 35 percent of the total Gross Ad Valorem Revenues Agenda Item No. 5A May 8, 2007 Page 27 of 39 RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SUPERSEDING AND REPLACING RESOLUTION 2005408, AMENDING THE COLLIER COUNTY ADMINISTRATIVE CODE AND THE PROCEDURES FOR EXPEDITING THE DEVELOPMENT REVIEW PROCESS FOR QUALIFIED AFFORDABLE - WORKFORCE HOUSING; AND PROVIDING FOR CODIFICATION OF THIS POLICY AND PROCEDURES. WHEREAS, it is the intent of the Board of County Commissioners of Collier County, Florida, to increase the amount of workforce housing affordable to its workers and residents, encourage the retention of affordable- workforce housing in the County, encourage the location of residences in proximity to employment centers, reduce commute times to places of employment, and provide businesses with access to a pool of employees within the County; and WHEREAS, the Board has formally expressed its commitment to affordable - workforce housing by adoption of the following Goals, Objectives and Policies in the County's Growth Management Plan ( "GMP "): Housing Element Goal 1: to ensure an adequate supply of safe, decent, sanitary, and affordable - workforce housing for all residents of Collier County; Housing Element Objective 1: to increase by at least 1000 the number of new affordable- workforce housing units each year; Housing Element Policy 2.4: requires amendment of codes and ordinances to promote affordable - workforce housing by allowing for flexible design and encouraging mixed uses; 1 13907/00/00151296.DOCV11 Agenda Item No. 5A May 8, 2007 Page 28 of 39 Housing Element Policy 2.5: requiring review of permit processing systems to reduce processing time for affordable- workforce housing; and WHEREAS, in order to comply with Section 420.9071(16), Florida Statutes, the Board of County Commissioners through Resolution No. 2005 -408 adopted as its policy, specific procedures for expediting the review of development orders and permits for affordable- workforce housing projects to a greater degree than other reviews; and WHEREAS, the Board of County Commissioners wishes to amend its expedited review program to extend the benefit to providers of affordable- workforce housing serving families with workforce and gap income levels, and to make the program consistent with other affordable - workforce housing programs administered by the County; and WHEREAS, the Board of County Commissioners desires to rescind Resolution 2005 -408 and have this new Resolution take its place; and WHEREAS, these procedures are appropriate for inclusion in the Collier County Administrative Code. NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, that: (1) This Resolution shall supersede and replace Resolution 2005 -408. (2) The forgoing recitals are adopted as true and incorporated as part of this Resolution. (3) The Board of County Commissioners' affordable- workforce housing expedited review policy as amended below is to be included where appropriate in the Collier County Administrative Code and is adopted for immediate use as follows: 2 13907/00/00151296.DOCv l l Agenda Item No. 5A May 8, 2007 Page 29 of 39 (A) Purpose /Scope: Establish procedures for expedited reviews of all development orders and permits qualifying as affordable- workforce housing so as to create more affordable - workforce housing and comply with Section 470.9071(16), Florida Statutes. The affordable- workforce housing expedited review process for qualified development orders and permits is not intended to otherwise modify or alter existing procedural standards for reviewing development orders and permit applications, including those that do not qualify for affordable - workforce housing expedited review status. (B) Applicability. These procedures apply to the review of all qualified development orders and permits for new and expanding development in Collier County proposing to construct affordable - workforce housing. In order to qualify for affordable- _, workforce housing expedited review, the applicant for a proposed development order or permit must: 1. specifically request affordable- workforce housing expedited review project status as part of an application for a County development order or permit, as defined in Section 163.3164(7) and (8), Florida Statutes, including but not limited to: rezone petitions, including those for PUD districts; Site Development Plans; and Building Permits, including their corresponding environmental reviews, traffic reviews, and fire code reviews; and, 2. be willing and be able to record in the public records a proposed land use restriction, developer agreement, PUD restriction, affordable - worforce housing payment assistance agreement, or other type of instrument against the property ensuring affordability of proposed residential dwelling units for a period of at least fifteen (15) years 3 13907/00/001.51296.DOCvli Agenda Item No. 5A May 8, 2007 Page 30 of 39 from the date of those units being issued a Certificate of Occupancy. These recorded agreements must include, as applicable, terms that meet the following minimum requirements for development orders or permits proposing to: a. construct less than fifty (50) dwelling units, then at least twenty percent (20 %) of the total number of proposed dwelling units in the development project must be committed to occupancy by income restricted households at or below one- hundred -fifty (150 %) of the median annual household income in Collier County; b. construct fifty (50) or more, but less than two hundred (200) dwelling units, then at least fifteen percent (15 %) of the total number of proposed dwelling units in the development project must be committed to occupancy by income restricted households at or below one - hundred fifty percent (150 %) of the median annual household income in Collier County; or C. construct two hundred (200) or more dwelling units, then at least ten percent (10 %) of the total number of proposed dwelling units in the development project must be committed to occupancy by income restricted households at or below one- hundred fifty percent (150 %) of the median annual household income in Collier County; and 3. include a certificate issued by the Operational Support and Housing Department stating that the affordable- workforce housing project has qualified for affordable- workforce housing expedited review status. (C) Affordable- Workforce Housing Expedited Review Procedures. 1. Affordable- workforce housing expedited review qualification meeting. Prior to an application for a development order or permit being submitted to Collier County for 4 13907/00/00151296.DOCv71 Agenda Item No. 5A May 8, 2007 Page 31 of 39 affordable - workforce housing expedited review, the applicants or agents must attend a qualification meeting with the Operational Support and Housing Department (OSH). To qualify, the applicant or agent must demonstrate how the project will comply with B.2 above. Those that demonstrate compliance will be issued a certificate of affordable - workforce housing expedited review by the Operational Support and Housing Department. 2. Submittal of affordable- workforce housing expedited review Application and Certificate. Once qualified, a complete development order or development permit application, including a certificate of affordable- workforce housing expedited status review issued by OSH, must be submitted to the County for expedited review within six months from date of issuance of the certificate. If not timely submitted, the applicant must apply to be requalified under 1, above. 3. Affordable- workforce lousing expedited review time line for application sufficiency. Complete development order or development permit application submittal packages, once time - stamped by the Department of Zoning and Land Development Review, or the Building Review and Permitting Department, will receive an expedited sufficiency review as set forth below: a. To be considered "complete ", an application submittal package must include the following: all items checked off on pre - application meeting notes (i.e. correct fees, addressing checklist, and any additional information requested during the pre- application meeting). 5 13907/00/00151296.DOCv] i Agenda Item No. 5A May 8, 2007 Page 32 of 39 b. The Department of Zoning and Land Development Review, or the Building Review and Permitting Department, will review the submittal package and determine it to be "complete' or "incomplete" at the time the application is submitted. C. An application package deemed "incomplete" will not be accepted and will be returned to the applicant and the applicant will be advised of the deficiencies and will be directed to reapply. With each subsequent completeness submittal, the Department of Zoning and Land Development Review, or Building Review and Permitting Department, will determine an application package to be "complete" or "incomplete" at the time of submittal. d. Once an application package is deemed "complete ", it will have all necessary data entered into the computer tracking program noting the applicable affordable- workforce housing expedited review period: one hundred twenty (120) business days for Rezoning Petitions, sixty (60) business days for Plate or Site Development Plans, or seventy -five (75) business days for Residential Building Permits. If an Environmental Impact Statement is required with the application, an additional thirty (30) to forty -five (45) business days of review may be required to adequately coordinate letters of technical assistance for appropriate state and federal review agencies. These review periods will include all the necessary public hearings, however, they are predicated on the required quorum before the Environmental Advisory Council (EAC) and the Collier County Planning Commission (CCPC) and scheduled meeting dates of the Board of County Commissioners (BOCC). 6 13907/00/00151296.DOCv11 Agenda Item No. 5A May 8, 2007 Page 33 of 39 e. In addition, an affordable- workforce housing expedited review routing sheet will be completed, attached, and the application package distributed for staff review within three (3) business days from sufficiency determination. review projects. 4. Expedited review times for staff affordable- workforce housing expedited a. Review of any development order or permit with affordable - workforce housing expedited review status will be completed and the appropriate staff reports and approvals completed within one hundred twenty (120) business days for rezoning requests, sixty (60) business days for platting or Site Development Plan requests or seventy -five (75) business days for Residential Building Permit requests from date of distribution for staff review. b. As may be appropriate, subsequent public hearings before the CCPC and the BCC will then be scheduled consistent with paragraph 5 below. To insure that the expedited review applications move through the review process in a timely manner, all resubmittals should be provided to the County within twenty (20) business days from posting of final staff review comments on the computer tracking system. As such, the County's 60/120/75 business day review timeframes will not include any time when the application has been returned to the applicant for correction s based on the staffs sufficiency review comments. C. In order to meet the expedited review periods, staff reviewers must complete their initial review of affordable- workforce housing expedited review applications within fifteen (15) business days from receipt of the rezone petitions, seven (7) business days from receipt of platting and Site Development Plans, or seventy -five (75) business 7 13907/00/00151296.DOCv11 Agenda Item No. 5A May 8, 2007 Page 34 of 39 days from receipt of Residential Building Permits. If an Environmental Impact Statement is required with the application, a thirty (30) to forty -five (45) additional business day review time will be required. Sufficiency Review comments will be forwarded via fax or email to the applicant within one (1) working day of when they are posted on the computer tracking system. d. Within two (2) business days from receipt by CDES, any additional information, including any corrected plans submitted in response to the reviewer's comments, will be distributed to the appropriate reviewers. e. Resubmitted information and /or corrected plans will be reviewed under the same procedures until all of the assigned reviewers have approved the development order or permit and final approval is granted by the County Manger or his/her designee. f. Once an application for a development order or permit has been rejected three (3) times by County staff, the applicants or agents must attend a mandatory project review meeting to be held with all the County reviewers yet to approve the application. 5. Public meeting and hearings. Qualified affordable- workforce housing expedited review projects will be given first priority for scheduling of all Neighborhood Informational Meetings (NIM), development review /pre - application meetings, and public hearings. (D) Applicant Requirements. 1. Partnership Agreement. The applicant shall sign and enter into a "Partnership Agreement" with Collier County in order to participate in the Fast Track expedited 8 13907/00/00151296.DOCvl I Agenda Item No. 5A May 8, 2007 Page 35 of 39 review program and agree to the terms requirements of the program, including, but not limited to, the timely submission of all information relevant to the petition and subsequent submittals of information in response to staff reviews. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this day of , 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA IM JIM COLETTA, Chairman ATTEST: DWIGHT E. BROCK, Clerk BY: _ Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MT DAVID C. WEIGEL County Attorney 9 13907/00/00151296.DOCv1 Agenda Item No. 5A May 8, 2007 Page 36 of 39 RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SUPPORTING THE ADOPTION OF REGULATIONS WHICH ENCOURAGE THE DEVELOPMENT AND RETENTION OF AFFORDABLE - WORKFORCE HOUSING IN THE COUNTY, SPECIFICALLY FAST TRACK EXPEDITED PERMITTING, FLEXIBILITY IN DESIGN AND DENSITY BONUS ALLOWANCES WHEREAS, it is the intent of the Board of County Commissioners of Collier County, Florida, to increase the amount of workforce housing affordable to its workers and residents, encourage the retention of affordable - workforce housing in the County, encourage the location of residences in proximity to employment centers, reduce commute times to places of employment, and provide businesses with access to a pool of employees within the County; and WHEREAS, the Board has formally expressed its commitment to affordable- workforce housing by adoption of the following Goals, Objectives and Policies in the County's Growth Management Plan ( "GMP "): Housing Element Goal 1: to ensure an adequate supply of safe, decent, sanitary, and affordable housing for all residents of Collier County; Housing Element Objective 1: to increase by at least 1000 the number of new affordable housing units each year; Housing Element Policy 2.4: requires amendment of codes and ordinances to promote affordable- workforce housing by allowing for flexible design and encouraging mixed uses; 1 15VAN W YK/00108009. DOCv31 Agenda Item No. 5A May 8, 2007 Page 37 of 39 Housing Element Policy 2.5: requiring review of permit processing systems to reduce processing time for affordable- workforce housing; Future Land Use Element Policy 7.4: encourage developments to provide a range of housing prices and types; Future Land Use Element Density Rating System: authorizing affordable - workforce housing density bonuses of up to 6 units /acre in the Urban Residential Fringe Subdistrict and up to 8 units /acre in other specified districts and subdistricts; and Transportation Element Policy 5.6: establishing the South County TCEA and recognizing the provision of 25 percent affordable housing as a Demand Management Strategy; and WHEREAS, the Board has implemented its affordable housing commitments represented in the CMP by adopting the following ordinances and resolutions: Resolution 2007 -XXX, providing for Fast Track Permitting of developments which include housing units affordable to residents whose income does not exceed 150 percent of the median household income for Collier County. The resolution defines specific criteria for development to qualify for Fast Track permitting, establishes maximum length for staff reviews of those applications, and requires agreements between the applicant and the County to retain qualified housing as affordable for a minimum of 15 years; Ordinances 04 -72 and 05 -27, which establish and refine the Affordable Housing Density Bonus (AHDB) program, which provide a rating system to award increased density to developments which provide housing units affordable to various segments of the population, including those with very low and low incomes; and 2 I S V AN W YK/00108009. D OCv3l Agenda Item No. 5A May 8, 2007 Page 38 of 39 WHEREAS, the development community has responded by proposing projects which qualify for the Fast Track permitting and have produced units of affordable housing in Collier County; and WHEREAS, the Board wishes to encourage developers to submit additional applications and take advantage of the available affordable housing incentives and increase the number of units in the County; NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, that: 1. The foregoing recitals are adopted as true and incorporated as part of this Resolution. 2. The Board reaffirms its support of the affordable- workforce housing initiatives previously adopted by resolution and ordinance of the Board, as set forth above. 3. The Board is committed to increasing the number of affordable - workforce housing units delivered to the community through its previously adopted affordable - workforce housing initiatives. 4. The Board is fully committed to working with the community to assist in application for and approval of the existing affordable- workforce housing initiatives. 5. The Board is open and receptive to revisions of the existing initiatives which increase incentives for provision and retention of affordable - workforce housing in the community. 3 I S V AN W YK /00108009. DOCv3l Agenda Item No. 5A May 8, 2007 Page 39 of 39 THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this day of , 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JIM COLETTA, Chairman ATTEST: DWIGHT E. BROCK, Clerk F-W Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: DAVID C. WEIGEL County Attorney 4 ISVAN WY K/00108009.D0001 Page 1 of 1 Agenda Item No. 5B May 8, 2007 Page 1 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 5B Item Summary: Presentation by Better Roads, Inc. on bushing of Cdllar Boulevard from Immokalae Road to Golden Gate Boulevard and the 4- laning of Tree Farm Road east of Collier Boulevard (Project No 65061). Meeting Date: 518/2007 9'.00:00 AM Prepared By John R. Conti Field Engineering Inspector Data Transportation Engineering and Transported.. Services Construction 4110120079:32:01 AM Approved By Lisa Taylor ManagemeneBudget Analyst Data Transportation Services Transportation Admirstorrich 4110120071: 41 PM Approved By Norm E. Feder, AICP Trarmp.nev.. Division Administrator Date Transportation Services Transportation Services Admin. 4110120072: 35 PM Approved By Rhonda Rembetl Contract Since alisf Data Administrative Services Purchasing 4112120071D:22 AM Apprnved By Steve Rider Field Engineering Inspector Data Transportarem Engineenng and Transportation Seri Construction 4112120071x16 By Approved By Steve Cornell Purchasing /General Svcs Pilaster Date ��.. Administrative Services Pumhmong 4117120074:43 PM Approved By Sharon Newman Accounting Su.ervisor Date Transportation Services Transportation Services Admin 4124126079: 06 PM Approved By Pat Lehnhand Executive Secretary Data Transportation Services Transportation Services Admin 412 51200 7 11:29 AM Approved By OMB Coordinator Admimorative Assistant Data County Manager's Office Office of Management & Budget 02612007 751 AM Approved By Mark lsackson Budget Analyst Data County M ..agar's Office Office of Management &Budget 412 6120 07 11 :03 AM Approved By James V. Mudd Coady Manager Date Board Of Chad, Commissioners County Menager's Offish 4126200711: 37 AM Agenda Item No. 513 May 8, 2007 Page 2 of 2 CONTRACTOR PRESENTATION FORM Board Presentation Date: Mav 8, 2007 Contract Number, Proiect Title, Project Number: 06- 3881 -R, Collier Blvd. (CR- 951) Six Lane Improvements (Golden Gate Blvd. to Immokalee Road), 65061 Firm Name: Better Roads Inc. Proiect Manager: Richard Yukob (Better Roads); John R. Conti (Collier County) Proiect Description: Construct three miles of six lane road, Widen bridge at Tree Farm Road, and demolish Nursery Bldg., includes bike paths and a sidewalk on the west side, new signals at Bulldog Blvd, Immokalee Rd., Tree Farm Rd., Wolfe Rd., and on Wolfe Rd. for the Fire Station and street lighting throughout the project. Work includes relocation of water and force mains throughout the project. Also includes building Tree Farm Road. Original Start Date: October 25, 2006 Notice to Proceed Issuance Date: October 25, 2006 Original Completion Date: April 12, 2009 Revised Completion Date: Reason(s) for Variance: Actions Planned /Taken to Minimize Variance: Original Budget: $40,556,620.32 Revised Budget: Reason(s) for Variance: Actions Planned/Taken to Minimize Variance: Agenda Item No. 6A May 8, 2007 Page 1 of 16 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail • Naples, Florida 34112 • (239) 774 -8383 • Fax (239) 774 -4010 April 13, 2007 Ann B. Hall 103 W. Pago Pago Drive Naples, FL 34113 Re: Public Petition Request to Discuss Legalization of Golf Carts as an Alternative Mode of Transportation for the Isles of Capri Community Dear Ms. Hall: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of May 8, 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. erely, James V. Mudd' County Manager JVM /jb cc: David Weigel, County Attorney Norman Feder, Transportation Services Administrator Apr 12 07 11:29a Ann Hall 239389 -4000 Agenda Pem No. 6A May 8, 2007 A46 / ?9e2of16 FAX TRANSMITTAL COVER SHEET TO: Collier County Maaagor Collier County Government Complex 3301 East Tomiami Trail Naples, FL 34112 FAX: (239) 774 -4010 FROM: Ann B Hall 103 W. Pago Pago Dr. Isles of Capri Naples, FL 34113 Phone/FAX: (239) 38944 DATE: Thursday, April 12, 2007 NUMBER OF PAGES TO INCLUDE FAX COVER SHEET: 15 SUBJECT: Request to Speak Under Public Petition SPECIFIC INSTRUCTIONS: Per direction of instructions provided by Scott R Teach, Assistant County Attorney, Collier County, Florida I offer this application and the attached barb -up resources in support of the request. I would appreciate the opportunity to speak on behalf of the Isles of Capri subdivision, a small community of approximately 250 year -round residents and 750 plus residents and visitors during peak months of February and March at the Board of County Commissioners on AW & 2007. Thank you, Ann B. Hall, Isles of Capri representative to Commissioner Fiala's Island Advisory Board Isles of Capri Civic Associations Preservation and Enhancement Team Leader Ahall 4112107 Apr 12 07 11:30a Ann Hell 239-389'4000 p2 Agenda Item No. 6A p, Page Page 5-of 16 Please print il G , - - • + 77_ _ 7 1 . - •al 57,.41 �= 1 5, = -T -1 C- ODMxrbnb WW SdMM9MAm HMK=W SakoATanpomy I - - F0811OW Paton RO*W Fam (4.41W Apr 12 07 11:30a Ann Hall 239389 -4000 p 3 Agenda Item No. 6A 3 9,,C IS-Nay 8, 2007 — Page 4 of 16 Attachment to Request to Speak under Public Petition to Collier County Commissioners on Behalf of the Isles of Capri Subject: Request to IAVM= Golf Cart Transportation on Capri The following indbrnsstim serves as backup material for the inquest to amend Ordinance No. 2006 -57 (a tads* to include the Isles of Capri subdivision of Collier County. I. Muhipk residents requested that golf cart transportation be legalized under the conditions delineated in the above ordinance. 2. The Isles of Capri Civic Association's Board of Directors at their February Meeting voted unanimously to support this request. 3. The —dvr was br+oughit to the attention of the General Membership of the Association at their meeting on February 13'" at 7:00 PM A motion was made, seconded, and a vote of 100% in favor was recorded. 4. The results ofthe decision at the meetings were published in the Island Voice, the Association's official newsletter. This is mailed to all residents on the Isles of Calm, and is also available in the Community Center and m the local business establishments. It was also published an the Capri Civic Association's websit c made available to all residents. 5. The Capri Connection, a weekly column authored by Ann Hall in the Marco Island Sum Times was published on Mardi 1, 2007. This mknn included reference to notification of the requests, approvals by the Capri Civic Association's Board, Vote by the General Membership, and specific details that may apply in the ordinance amendment. 6. There has been no written or verbal feedback that would indicant lack of support for this request. The only feedback has been that the ordinance specify "operation by licensed drivers only„ "hours of operation;" -operation on sheers and right -of -ways, rather than skkwalla;" and expectations that "earls would meet necessary standards spelled stn m the amended ordinance." 7. Kirk Colvin, president ofthe Lsks of Capri Civic Associat m pledged the Association's support in providing the necessary oducatim of the public to the legalities involved in operating golf carts an the steacts of Capri aces approved by the County. 9. The matter has been brought before Commissioner Datum Ffala's Island Advisory Board Fiala indicated support and provided untru chops for moving frurward with the roquest 9. Ann Hall, representative of Capri on the Com issimrr's Island Advisory Board, spoke with both Managing Assistant County Attorney Jeffrey Ktatrkow who said, "Since we already have an ordinance for Goodland, an Beard direction, we would amend the ordinance to indude the Isles of Capri.° She also spoke with Assistant County Attomey, Scala R Teach who provided the firms and procedates for this application to Petition the Board of County Commissioners to address this issue. Also attached: a. Copy of Ordinance 2006 -57 b. Exert from the Official Mates of the Association a posted on the website c. Copy of Capri Connection published in the Marco Island Sum Times d Copy of The Island Voieq March 2007 Issue Note: February is the mouth where most residents are on the isles. Therefore, this matter was brought to the attention of the residents at that time. Feedback has been positive in support of the proposed amendment AhaR 4112/07 239 - 3894000 p.4 Apr 12 07 11:30a Ann Hell Agenda Itteeem No. 6 _ �[� 'r 4'Tage t 16 g aMBrsxce ala 29i or•l� st3AlADOS. aoioberlr Coiti�Wt� o� o0Wff,MD1MAA m1>4sTWCIl=(W1AWSAND �\ AM VZMCLI 7o AM A 1NCEM Av -ovmM Hi0t1I Ts t= Cup B, `` oar ttiers UNK BMGKiL?M CCUNTT AMW IN c000LSl�, BLMI&A BW6Cr 70 I !AB( >Ri�tt W 7S Cow or "Will AM OiOliAemma � FRO MM goo aorlWT Ala BBAEfA OUnl- Alm rrUDVMM Wd&MW176CnWDA= MUNE ►S. Swoon 316.2 44 rm" smmm& Pwmft roams b agar wv ma so be cparalmuincy wads ptevidadtascamty &U dms®tom dons 6symq Nowy tmvd m ar aom oft PWk SON& cr Seas upon amiodmy 6e qwo& vabom m cemMe at minor vehumic trsdfie sbigtbas.soa& acmeaa: =d WEIRUAS. Seedoe 316.212(4)6 Plod■ Saws. oom 64 vV coo nay ady opmft m amk Powo toads ar smuts dmieg the ham base anise rd sul.ee antes tba sosaaosaol somey specifficomy dmftw . Ora Woad Loft sou nmy ado samly epmft dmag da: hum httwata mud asd surds rile mu mu Po im maw beslm l oft mm sipab sod vdddbid& WtBMBA.4. Saetim 3t6212(7). Ronda StW om. sus wu dm m east aati ljow ow leswililicr mttaag Satan spaSaos sum son mom mokwaim Ihm dlom costlmidad ilika .. "M stwasea s ksgm appmpdsm @*on = pomd wthe oddest om adwswm fm!!Fd ma the w/dgkm dPCCM apom6= ib the dsipnd lase wi8 be in axsdssee vd, atd$a . • ocat oniom=4 sod lalmay. e s of the eve dam of thin Osdowlo4 the tbBaC.lswq 7Ymsptrts6on iliviim's11s16e Oparfoes nepamsost Ys eootbosed s tsdy b detems %*cthn 9alf ou% >vy t ImMC(m Ka0♦ pubis eOBd• 4 alltaa bttawd Y ClaadlBOd F(mld4 aadldamg the foaawsg faceooc apom4 volume, aad the ehma= of moor vehwk h iie osvwig die elovast made srsneetr mat VfJMMKL*A the Bawd at Cmq Cooasimm me hm detnmkled gm SW ends may =My be opeard u s rimmed mmm m aR caBSy sosds Bed meets is Goodie d. Pladds thin am laemal w lots 123 fife w mt of Sam=11dv6 aad Apr 12 07 11:31a Ann Hell 239%%94000 Agenda Item No. 6A /�vlay 2007 6 q�I P e 6 of 1 bfEmm&B. ft Hoed or cm q Camduioess I iea to Pssvids addtiad spLler far de aprYb of folf boas on daipred {each ad moett in (iaodVad kceed in CsdnsClMW. Pbddat mad VMWlA& tie Hoed of Canty Casund"Wss batievae dot Aguk o s pmpoNd in tine visoepunneo aeterh O ahshodib. w*q and we:Kre of=d NOW. 'IfglMMIK)IRC BE lT n;eMXVED BY TW BOARD OF COL MY oboe •.ye I , f :� •�;� i' it 1`-i hft`4 i. a�_ ia`a7l:it SWMW 131" Oataf gaff a m aps dadesdd paddie nasdc and sws i OooAnad. Choler Oomsy. Plddds. 1. The turtu pif asst" is dedsed s samd a Floral{ Sbotes. sshseajss 328.01. an s moor vsh:de lee it deiced dud aanufactowd far apeotlod on it ON tesoe for sporting or (OcOmbmd Pusport as adiKia os c pdit ofexcood ft speeftof twmW (2nD mneapa hoar_ 2 Odf ass toWba apaomdm those covty toads and maraca In Cioodla d. f7aim trued a lest 125 feet test of Suast Diva Tbis dsigosdm is in eooadsocc with Ronda State; Saodoe 310212. 36 Io addition to the mgoieonsou of Florida Suede Socdon 316.212, which am appllme a tha %00b= of Bd ub Co dm aftomohonod dGY$Aded read{ and sueas, the fobwing nouicdos WEN aim fiPW. (A) An looms apssbg golf deb subject eo duo esdlnaote must he a aui®WMW Of sumac p6) yeas at See. hotl a valid driver's licanse Wased vrhWu the United Swam ad sot be in passsds of a valid idrsrfseias mad shoring goof of aec a all Woes vlik opassis8 agoYtytt on dm dedered pdne roads (b) TM stabs of ooeupsb in any Bd ant apesosd as the dseipebod Patti¢ mace{ sod toads doll bsasmcad to the number of saao to rbt SWf roc No occupew ofaedf atshtY ansW a tsrytme'ah[b de calf coati{ is mocha. (C) AN eon' Caro opeemd under ads oeinaace Shan be staw'Md to c �aldsahte dpmd aftttsty Gml nolbt pQ lour. 2 i Apr 1207 11:31 a Ann Hell 239- 389.4000 p.6 Agenda Item No. 6A 11, 7of16 (q AM BW ass apwa I aabyw to this asinum MM is optppd who Jt� owk=t halloo. "SWb atwda8, SW ww a s VW anhmr, Will "d n6ammued wwaist8 davim'.a bft am has Wed new at as dtsw athia apawsdw be dadSaWd load' d saeah (a) W>i dta w=apdoo d the Goosed vcdH ' CWxww B day Wad ]i4as.Oss poKsos(tasaab. 8ad'taas s9 ab' it opsmd m tle tladyrmdeua8t smd soma; loons ds has bwwem sodw seed awoer_ G*W awe apawta8 at taiJppCt m dmw *a=il acaw%w dM perms hrJffoma. hob Ilighm too 6yo b sad wmdshidds. a9 9WM par am mty be VWMW wdw mis satlioa tier waam thweof MM pM&M d mdwdo W WIV msmoae bamot a&iaw p etiuY wd loam w psapsty of my aaats sat w to de op maw of pd ores an am deposed p61ie wda d seater (4) Yw4dow of 0i awl= a1W1 mnsdam a mood haeaeaiw eadaosblc ptssw to OR Vw idoas of plaids Saass,Sedw 316212(8). (S) 77te tbtiw Cmmtyllwwpomdw Dwmm abaH pan sus alas the dMawftd wait and sums where BpKan opmlim n dewed adds ft wobwAs of d=powbic ptseme of spit Wet WWII'= Wad alaoaa8 dw pubbc do on apaedw of sat per e..tra is aabjarx so tier .shots tag td sdtlds aNuwon 7be psmi"a of tale Oaimam sod bow= sod be mode a port of the Code of Lan MdOtdinwo GfCd1WCawty,listdda. Aaedamsdlbc Cbdfammmaybasowa 6aadw aalm=o d m acoompbsh oak d dm wad ladamW asy ha dmW to "weds.• err spa b- INwp. wad. jA :, In tae asset dos Otdawrs cmdYm vvM uW odw Osd® of CbMw Cot w w Deem appliasbh bw, dw sow sesdadva Dial! apply. Zr= f phase oa padw of dw Oatluam Is hdd invalid or mmMMudmW by spy cowtofesaponewjwiadedw, mwb pan bedwmda 3 Apr 12 07 11 '.32a Ann Hall 239 - 389 -0000 p.7 Agenda Item No. 6A 2 /� ,/�tge 8 of 16 .,p ae'Paaoe, il"K d VPaad<Pm'ulioa aad amb IN"" don am Afta do vam" of do ", Olifil4t81R'18. 7YsO�woaiaY a�a�ataPea 611�rbh the Ffai� Dopeoaear afSeao: l9M AND DC9 Y ADOFM by de Howl of CdNy cam= W of Ccjhw CMNM%Foid&*k 710 AVOtHwaiebw, MW T� R� st�eatw owl• APPvwd r o do®aed bad o ffidm Y: SeR[a:.7ti.eb_ Y` I' V IM Apr 12 07 11:32a Ann Hall 2'q`3894000 Agenda Pem No. 6A May 8 2007 Page 9 of 16 Aj- �� SMTE Or VIO IDA) .:. x. t M. BROCK, Clerk of Courts in and for the Twont"I"604ei.al Circuit, Collier County, Florida, do hereby cowtIfy that the foregoing is a true and correct copy or. Which was adopted by the Hoard of County Commissioner* on the 28th day of November, 8006, during Regular Session. 1f17MBS my hand and the official seal of the Hoard of County Commissioners of Collier County, Florida, this 30th day or November, 2006. DWIGHT S' BROCK Clerk of Courts, -:a - 4,.Mezk s Hx- officio. to abs.;4 of County ro iss3omkr4'. By: Ann Jennejohn, Deputy Clerk Apr 12 07 11:32a Ann Hall 239.W94000 9 Ides of Capri Civic Associebw — View U)pc - UOMM Meftng L-emary Is, zM I Agenkiriv 0 o SA 'y N7 Page of 16 WCK LUMIS J.,L. List F,,-Ljrp!ndeY T"zyslnie_h.-n MMnx Message < Wr.utn Game, sal1seeting Fnbm:r,y 13, 2001 shamearts, Oftolljftlbm Feb 15, 3007 11:12 am V Pie Noderator monepamd in wwo MMI Bass, Ton, a NOT moving. Star, for 'pallse, -Mkk bleed: 12 Nar 2005 Podia: 238 • Meagre was called W older by Oft PrwMmt Kvdc Calvin at TAcf p.m. will, the M14M of Allegarace. • link hdrvahvc@d Find Vksberr as Me secretary. He bill* hempixed Derives, fleadcre and Nory, Wastbeirry as o d*ws of We *JWwd Voice% - IM,baaawers report have Rich, TAYIW shan,41I IOCCA' reasts Of $6, 99D. 37. TOW lac!OM to date Is $15, 908.40. M—.d to accept by fork amil seconded try Ted Deviser. (approved) Kirk opened it. now W any arre, of hderest and questions. Jose 111,10cusSion as, to the (Opposition, at the Badmadey HICAN WqmrtT and the marina revealed that attle 1s; lascian as W the preelim or deveirpment and the character at the property. The assumption, at this point Is that a "Key West- style marine buld leg will be enschad and a povedliamiscaped parking area will be pieced to "M COMMOnt green storage arms. No permits have base applied fall' Is regards to the old natailyand See. itDrM Question of whetheir the Island could have a Postal *him ban m Installed concluded that government h; alpt - ng the practice due to snassity Issues. "* M "fit c acv, W pservan %ev" the Postal aervks grant as, the Lake, of Capri deSignsdon for the 34113 1EIP rather ease -Mapl - It Was pointed MIT mar Bar )1P lackAft henval, other than the Wands, such 4MS Parts of Pddkr's Creek. This may InMmd the pastel serrice, decision. Bobby Ded., chat of the Garage S.M. reported that R was very sxm$skl and She expressed her graWLede to ad the people whe helfed her. particularly. )W. Rich Thillay, treasuner, waste that the Onanclol cannot par Invested 0 thl, Point r-fl—k" ehI , An7M. 11 reyeted from the Indeed Advisory Committee, with Copenhuslow Donna Min, that a golf cart ran pernalt M recently granted to Goodk" Is anticipated. The apPL�M has has, made and Is eXPected an To pases. The Bp api;M� the PWSM of the 90V CINt Use Par. Ynm the permit Is granted, cith"s will yi to I he put to be amervit of the MM*eraena such as licensed drivers MIT. aslev; the ranchary neuter UM the sMewdL hours of operation. loarp! hq chadiner frearn openamil thistal, aft. Upon reaylt or the permit, the AMBWMMR vM Istbanot to dame users, or the hadal lifirms for operelles. To maid revocation of Me Permit, plwenK coloplianexi wft the courelly, rMWUMms Will be needed. KIM wallowed the corianded problem of away by ATV Unions, may CIEMM be "Or a"Mtea M Gay MWWay& Anot Mail will as& Clarification hem thavea Fidn's chill an to the lerms; for boat Core M, the structural M*MWMNitL the permitting Process. GM The ass of -ternporary- conens Is allumad but ft. NO Will research and than report the 1a rrt, and prore For be* con,er sunchmn, Juseang the have, are n ,ctnaa NMWNI% nall abstracting Neighbor views, etc Klyk rep" IM he and Tell Decker are an a fam, board committee, Manoo, Island government Is allMMOV to gat out of financing fire had ENS services, tbra"h creating a new dab Id. lOrk assent, the need for car amerpency servieve to remain ladepencient and not ender the Jurisdiction of Is Phavac, pie Board. We have an allikked and highly rated vervargency service now and are opposed to any actions Which may cahris ~hIsraves. KIM maintains t4at we am tatelly at the rmvrq a the Cavery Cornmissam, and Iterefore, a pWftm drift may be *sees=" to assaft, vair voice Is heard. With some dhadenjan, I eas dddhal that the AWERS IsMas be banned saparaterf Ones; any MUM sewer co ocean. 6iJ There Was Went d5cassusli of beet speed vlddtrans. Some repented lagnart vialutlars, and Mean, Rated high presence and VWNRy of officers. The line for vWkU= has been greatly Increased and shcald mI In wftr practIces, hup://www.capficMcame.com/t&Umbout/viewbolxQpbp?p=376 4ttG(2007 — p �N O Z ,6` Nmm O' =2 o � a n n a) r CD C J C W I d E i- C co co C W w 2 cc cc 2 co co T m W M Q) •mow WME1 O a� a� •� V .O V V miffs a Tdm 25 5 4°1 I1 96o$ g tz 1-d _ w ls r3 CL mist 3 m oU�.5 .9 N v He �� H c Ba 3 m U' V- U £ C o> o,E m in s I 3i u• u o fl o« 8 w pypq p .'r. C OHM O C m oa m.5 � m o mmC7 r ti O; � x °g mE0� Sx m •- _ Y K LM1" u a C Tm V Fl r ���yyy - T� � a) I mZ r "J jg' �o . o M T- F1.r i — > 3 m1 0.O b z NEO 0L'd 0006-68£�8Z IIBH UW )w Q t O 00 d L d 1 � 8CE -4� LO Z ,de' Apr 12 07 11:33a Ann Hall 239- 389-0OOD Agenda Pem No. 6A May 8, 2007 Page 12 of 16 Curneikly to -°�' bosb mmove� - ;nl z + Wi Y for.tovag the b>lea of rapii homemadiwabrtrrilertopro- } . videirripdoofW156palroftes along taxi Boulevard: The eart*is Aft officiauy licensed, but tbattailer that it f.. h the 1004llollon wow palls � ter �. The cart has brake lights, turn signals, a wiodshield and falls well within the maximum allowed speed lmit of 20 miles per bout It always is operated by a licensed driver. At the last All -Island Yard Sale event in January, 9olfcarb _- of every description were seen about the isles. One ofthe mostunigae was Ta bdbyChuckWakrot. Dur- ing the sale, Wahon had pur- chased a blow -up moose head to give to a friend as apractical joke. He mmmted it on the fiont of the cart to carry it borne. �. I am centaur lbsamooeeLend caatsarelwandtirbetween but Macy hope Wit cart t:anspmta- tion will be alloyed. .Inn Nat is a homeowner andAyearnaiilortoftheLWa of Capri She irpmtseanesmy of dx 1slrsofG*n Ch dcAssocladon S bomd ofalinsavrs and 27whie d Votax the association Sr offidad drafrwommr afdoJOCpi COmmz * kc tLrlmrdPi=w- raadanr and E kancenwd 7bam (PEPL ?heowrammmadeinNs mhmna ud eeapa so dapoxam ofthitealramdstaada vaetnec- etranilythe views ofthea=wu tins. Nat may be conhwood at ahalI7911®coozeastnet Apr 12 07 11:34a Ann Hall 239 - 3894000 12 Agenda Iiem No. 6A May 8, 2007 -� Is,1a ff iid V News from the Isles of Capri, March, 2007 Issue OBI Webeft wwiltticapricivicassoc.ct�rn Assxi/su IlaeBrrgs - 2nd Tussdry of ssch 1t70nt11 a 7:00 PM Howdy Cooders, I wrt+io thank Jory and Darlene for faking over the Island Vakwand doing a great job on #Wr first editiom Plesse sold them ideas, suggestions, and feedback Talso last call for dues for 2007. We are still behind from 2006 so I hope everyone who hasnY paid yet vo oowskler doing so now. Everyone should robe that we've decided to suspend meetings af- ter May and then resume in November. This worked out well last year. We have our annual picnic on March 24th and I'm expecting an even better turnout this year then we had last year. So make sure your friends and neighbors know that this is open to everyone on Capri. Cheers, IGrk Book Cklb –The 1CCCA Book Ckib usudy mesh on the 2nd Wednesday of the mordh at the Civic Center at 712111. Check the r+nouroement board for any changes to are screduie. New rI ad R are ahwys walmna- Cali Bobby Decker for more informalion at 394-SM. wed., March 14 — Snow Flower and the Secret Fan by Lim See Wed., April 11 -The Boleyn Inherl- lance by Philippa Gregory �� �•.�...r..��, �s�7rasa.rssf� �V►1 (j i�t�r� CONS C'nON CLEANNG - HOME WATCH SERVICES - PRESSURE CLEANEiIG Country CiubS . Restaurants . Of roar.. Flnmane r'li Annatft ts........ ^ ...6 ni ^ wA,cOAa Capri Community, Inc. 336 Capri Boulevard 1RSU sm Islas of Capri US PORAGE PAID MNt008AND, FLCF k rEada Id110 * *ECRWSS * *RO01 Postal Customer Naples, FL 34113 Thant you to the vokmMsrs who helped mate the 2W Isles of Capri Yard r ' Sala a aueoeesl Jeri Neuhrr r Chr sWmr Rosily; Jim and Chat MaGaaney; Beft Noankhaue; taro and Gisdys FlWimmons; Jo -Aran anal Bob Skubin; Shahs and Kirk CoW Abbe Go* Paul wbaberry; Ann and Fd Hat; Dode arm"ob Davis and Ted Decker. Thanks a Mai for your time and offoriall Apr 12 07 11:34a Ann Hell 9 -0000 Agenda Pem No. 6A May 8, 2007 Getlinp to Know You ... ��3 �3 /S e 14 16, To have pool natahbora, you have lo be a good mai hbor. That imdvas becorrlrrg ardlw h garner* . meefkrg dtsa people with ekrrax it I I and oft ft a helrlrlp haul. MW rule Of beaarg dyers w you wars m lea trsa0ed b partiarlsrly www"d h dednp wM6 rr10 Networldnp vrdr a0rre In the comraarty wa help you d emend � when vlew oafr The tams. N off.. = a spadai gla6W you ward Oafs ehss wm the Doctor lAemm tatirrrp m prad<ta- sun mmm from #a urraalty of Fwk k cotepe d Dwsstry. For aew,sal years he p mbwd daftlstry le Went 'He vI I tits Mlehroo area *"M*, m a weekend patarsey from the hustle and turtle of #W tery cfly. Tha4 orse day. to sew as auaartupon ar'lelss d Copt and dsafded lo make nw move b ttliaio�rsty lalxq aamrariltr. CS ri Realty,. Hs set up a dwrhr pmcScs aaiM.prF`isntk ohm helm p y, spent as leaf Ian years apraoleWw/nisadrnatic dardi0y. .i Dr. saneson le wdi leaven for erkpinp The ll.rco lrl ommer m 324 Capri Blvd Isles of Capri FL 34113 the area, a chaff event he aseladVA adebrue s eaaa mw- vivom* by pwkiq a On* trerI m to ao lnawdua who Wanda Pearson, thea 1a & ThEtl °mhm ,tm' rne , , . `mr,�. 7v M Cal! 239 =394 -9888 tslalaeoverd, but %ft a much oars drillable sit ffww*rgnr Intent. Each wlr, br, he heads a twe n of msdlaol, dental and www.capnreafty.com coarruft speaa6b who dedtrele ttretr services to came M,le Do domudion for the adealed moos ravkor of the year or l Sarnpam hopes his wrrrculion wo transform not ordy are re• capiWs looks but her He, allx overomft her Ifs-threm ring obNaeles. Hk goal is lo show no there is We sax c wxw. Sev- eral special people !n trs NO have been alMscI by Ors dbews err he knows that do aymboac roseasge of this event is uplift- ing to Micas who are stn. Wft wMh canow and to *Wnds and (sn Ose wtv knave a knad one who might lea If you see Dr. S=Pscn w m tre darn CWfl BcuWmd be Wire b eay,'HP and ttrnk him for hls knah amen! In our comnw mty. AMhough this year's contsel:i hes been If you know of s auwr surwhror Mving on the We of Capri coi widw norm- _. Hating niat person for kraut yetii9 ll�rco Blab -Gw� evs.t PlOm call on Sampew If yodre irdaesled In aterdrg the wrvdMrg aura. M wa be held at the Mart:O island Yacht Club on the avenlng of March 31st. Dr. Sarnpeon s awm con be readred at aka i is. wwww: w4airwwwwra, *wwwrww�eswwwwewwwwwwwwaa,ewww Please recommend one of the inhwe efing people that YOU know on Isles of Capri for the nwd issue of The Island Voice. *"Thank you, Capri General Skme, far your donation of ice to the Pig/Chicken Roastll The /snared volm CO-WWofs Doty MWtbarry dr Darlarm Yeadonlra Jory Waste" -low cam Daft" Meadows - .nom 0001W OF Dtitacaar= M* Colvin, President - da-m 7 Ted Decker, viice.Pream t - 3944300 Pouf may. Secrebary - mm -6522 Rich Taylor, Treasurer - 821-7867 Ems BiesenbwW - 394-0167 Bob Brown - 3944804 "Nader Weidcert - 642 -0356 As of January, 2007 Balances IneL CD's COnc: $23,882.00 IOCCA: $BJM.00 &. 19 07 11. Ar. Ann 41011 Fi.sJllydeBiaw�w VA-71M.7-Y-16 I l . Jeri %1aWMII,, Dn*w/)eMaer .. IPWw.OfQPr1% x /0�: 365 _Qgwi Boeiileva�i starv� ion the be* iful Is of Capri ------------------------- - -'r.- I---------------------- - - - - -I PATRICK r:Ita.I.Y Genel r i iM1 MNs IMw MVl fur ebrrel[ to ..— i GEM REMOTES kinn so duel AMe Yen 73"M X I ATOM MICE °" — Febrnrylfl,�7 1 Cmpd rCan Inc. I neaulstrtrc - Oar Businmrs is your boating Pleasure 338 CAW NWIL I Medhy f was dNd io -rdaf by 4b►MaYsat, IOek Cahn st I R 241 '11 7�0 pm. Or visit our office at 356 Capri Blvd. I Y..MATMmYMf ... Bodo der Nice property and So minas revealed ON Wde ' LAST CALL 111111!1 Is krwe o as to Sop Imam of ds'rdepa * and the d rro -1sr . of the property' IOCCA 2007 DUES are DUEL Kirk will - oanlus to purw Irvlogthe roses asrvi -s tr.et us and ICs a M a bargain ® 586.00 the Islas of Capri doola ardom for the 34]13 zip rather than j (make ebaOM payable to 4tlPrl cOrnlR Inc.) I "NOW Bobby Dedar, chair of 1M Ows o Sole, rson W 1 I that It was vary successful. 1 I 1 1 Am Ilea repebd fee the Wand Adrdaey, Caematea, wah Fired/ Last Name I CoaleMsbner Dome FfNa, avd • dolt tart wade prink s I I rnoorWy � to Qoodaad b 1 I 1 l Am Ilea will seek geMkutlon from Donna Flt's ofao r a to the tares for boat covers, fY sh ilind wgplramesir, the I I I Address on Caprl (or other address N not resident) pormit ft pro -aey otc. The a» of'hkrpoomy covers As eF I IowM but Ms. Hall will aosat -b'and Nlsrwor I fie terse and I I prsoos -over for boat - structures. I I IOrk, reports the be and Tad Deakar aw,an mare' tam• city state Zip 1 ndts.Mamo Word dovammstlsadmofttoPt mid d I I finan -ling M and Erik wn1o.s a new dlr 1 1 read the Wand Volute online so remove my address I trkt qrk averts the s and ter osr wwdonoy srrlams tore- I from postal walling Iist? YES or NO male kldepandent and not a der t>,aJmbdlction of a Memo I I Fbs Board. We have an ofgdeat and hlgl* rated omordmg j you For small IIONIICatloas Include f emeY address.1 awvk o now mad are opposed to omraodems which raw dYh I effectiveness. Kirk mainholnedwidwo we%Wtr at So menry, I I of the County Corm I lon aM thandamr o pomflea drive !nay I I 1 be necessary to aosm our vales Is hand. Wah mom °lope slon, It was derided that the flm KW Mss be trstad aapn• PLEASE PRINT LOWLY I retaly from any later& amor Concerns. I I Subeilbod by, Pad Wstbsrry, Sooats 3 1 1 I---------------------- - - - - -I PATRICK r:Ita.I.Y irl 1a4T GEM REMOTES a s-t Taeurzr x t u rlvricT' Yen 73"M X I ATOM MICE °" — GEMREMOTES.com BOAT LIFT REMOTE CONTROL neaulstrtrc - Oar Businmrs is your boating Pleasure Call GEM Remotes at 239 - 642.0873 Or visit our office at 356 Capri Blvd. I Y..MATMmYMf ... I Apr 12 07 11:36anr Ann Hell t TEKt�ADN'i` SBUBEWS B E,511adyattu services - frdi:5eiai.. Doak Repass TAM Carpeafty ti[i6+dtJ(�. DOCES �I v I11�� •Ji:� {eti r '9 p e r r haft OKSMI~ To DO I1 . =7 ortVFJYTS: I < Boot Clot — Calleae9*Dadw at 394 -MW for I I I I IMonnaliom when Book aW meets and anent I I I book awice' I I . 1 < 43MM Days — Tused and Thursdays at 12:30 I General Meeting - Tuesday 13M Q 7 PM I PM at the Commurdy Center (Tuesday Is all I I < 1(< Annual Pivuo -- Saturday 24th a 2PM I Barnes and Thursday is Mahjong). Everyone is Board Meeting Tweed 27th PM 1 wow". I 1 < Bridge Players — call Doris Diehl (394-3312). I I (< APML I Welcome Now Neighbors — Please Cal Betty I ( 1 I Nioenidhaus (394 -2028) or Jeanne Horvath (394- I 1 < General Meeting - Tuesday 10th @ 7 PM I I 6171) with names and addresses of our row I (< Board Meeting - Tuesday 24th 0 5:00 PM neighbors. < I I Bay Days litter and Marine Clean Up - Apr6 1 1 Commrnoralive Paws —Are still evelable for 21st from 8:00 AM —12:00 PM I komin8 a lasting iagacy a4ttww who live or have I I. I �._ I I 97�'Farnilles, i ividtrais, or groups have dornw re (I I I 147 pavers. Some tail Nab stories. Donedons are 11 < General Meeting - Tuesday 8th 42 7 PM 1 I tax-deductible. Contact Ann at 3894000 or a-rwil I I Board Meeting - Tuesday 22nd Q 5:00 PM ahs67911®comcad nal.:,: ,, I 1 • Capri Ealag Group - Am Fiat has been setae 116 Mot. - Aby 22sd bard wnathtg k die rant I I to serve on Commissioner's Island Advisory (1 nxwMW anal► the October 23rd board I Board. To stay aWaset of the discussions at #a I I n►eetirrgs 1 I county knmi that affect to please contact Ann — I I I elraU911 nsib be added to let. 116 The next ganw nwedrq wM be Nova» - I < Ski ich N Tone — Mon., V*d.. & Fri. cram 9:00 - 1 I ber Oft 10.00 AM j < other moms? lot us know. I II t------------- - - - --- ---------- - - - - -- Pkiare your ad Hml Welcome new rnanibsrs; 10m Schnell and Dan Mitchell; Justin and Ebw beth Honne; Judy and Jack Dulasiowl Send yoras Agenda Item No. 8A May 8, 2007 Page 1 of 17 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners adopt an Ordinance consolidating Ordinance No. 2005 -55 (Collier County Code Enforcement Board and Public Nuisance Abatement Ordinance), Ordinance No. 1997 -35 (Collier County Code Enforcement Citation Ordinance), and Ordinance 2004 -46 (Collier County Code Enforcement Special Master Ordinance), in order to simplify the Code Enforcement process, and establish affirmative defenses to certain alleged code violations. OBJECTIVE: That the Board of County Commissioners (Board) adopt the attached Ordinance which consolidates the Collier County Code Enforcement Board and Public Nuisance Abatement Ordinance, the Collier County Code Enforcement Citation Ordinance, and the Collier County Code Enforcement Special Master Ordinance, in order to simplify the Code Enforcement process, and to establish affirmative defenses to certain alleged code violations. This draft Consolidated Code Enforcement Ordinance was presented to the Board at its March 13, 2007 meeting, and with Board's direction, staff advertised the proposed Ordinance for consideration at this public hearing. CONSIDERATIONS: By the authority vested by Chapter 125, Florida Statutes, and pursuant to Chapter 162, Part II, Florida Statutes, the Board enacted Ordinance No. 1997 -35, as amended "The Collier County Code Enforcement Citation Ordinance," which established a supplemental County Code for ordinance enforcement procedure. Also, pursuant to Chapter 162, Florida Statutes, the Board enacted Ordinance No. 2005 -55, as amended, "The Collier County Code Enforcement Board and Public Nuisance Abatement Ordinance" and Ordinance No. 2004 -46, as amended, "The Collier County Code Enforcement Special Master Ordinance." At the October 24 -25, 2006 meeting of the Board, staff presented a proposed amendment to "The Collier County Code Enforcement Citation Ordinance" intended to provide property owners with defenses to certain alleged code violations without interfering with the Citation Ordinance's purpose which is to promote, protect and improve the health, safety and welfare of the citizens of Collier County. The proposed amendment was written in keeping with the spirit of Sarasota County v. National City Bank of Cleveland, Ohio, 902 So. 2d 233 (Fla. 2nd DCA 2005), in which the Court reasoned as follows: "We do not expect a county to bring an enforcement proceeding against a property owner concerning a defective staircase that the owner had properly repaired years ago. Instead, the county might be expected to bring an enforcement action for a defective staircase that currently was defective and had been defective for many years. From a health and safety standpoint, local governments normally bring enforcement proceedings to cause landowners to correct existing conditions before they result in harm." During this presentation, the Board also discussed ways to simplify the Code Enforcement process without jeopardizing its purpose or the safety and welfare of Collier County citizens. The Board then directed staff to create a draft Consolidated Code Enforcement Ordinance which Agenda Item No. 8A May 8, 2007 Page 2 of 17 would merge the above - referenced Code Enforcement ordinances and incorporate its suggestions relating to affirmative defenses to alleged code violations. No substantive changes to existing ordinances are intended by this consolidation, with the following exceptions: (1) authorizing the Special Magistrate(s) to adopt such rules and regulations as deemed necessary to carry out their duties (subject to Board approval), which authorization is identical to that currently enjoyed by the Code Enforcement Board; and (2) providing for County Court de novo review of animal control appeals, consistent with state animal control statutes and recent case law. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The proposed Ordinance was drafted by the Office of the County Attorney and approved for legal sufficiency. STAFF RECOMMENDATION: That the Board of County Commissioners adopt the attached Ordinance which consolidates the Collier County Code Enforcement Board and Public Nuisance Abatement Ordinance, the Collier County Code Enforcement Citation Ordinance, and the Collier County Code Enforcement Special Master Ordinance, in order to simplify the Code Enforcement process, and to establish affirmative defenses to certain alleged code violations. PREPARED BY: Jeffrey A. Klatzkow, Managing Assistant County Attorney Jeff E. Wright, Assistant County Attorney Page 1 of 1 Agenda Item No, BA May 8, 2007 Page 3 of 17 Prepared By COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS �- Item Number: BA Item Summary: Recommendation that the Board of County Commissioners adopt an Ordinance V241200710:03:50 AM consolidating Ordinance No 2005 -55 (Collier County Code Enforcement Board and Public Nuisance Abatement Ordinance), Ordinance No 1997 -35 (Collier County Code Enforcement Citation Ordinance), and Ordinance 2004 -46 (Collier County Code Enforcement Special Master Ordinance), In order to simplify the Code Enforcement process, and establish Environmental Services Adminstrator affirmative defenses to certain alleged code violations. Meeting Data: 518/2007 9'.00.00 AM Prepared By Jeff Klrtzkoe Assistant County Abomey Data County Attorney County Attorney Mice V241200710:03:50 AM Approved By Community Development & Joseph K Schmitt Environmental Services Adminstrator Data Community Development& Community Development& Environmental Services Environmental Services Admin. 4/24120072: 39 PM Approved By Jeff Kla rkow Assistant County Attorney Date County Attorney County Attorney Office 4/25120078: 25 AM Approved By Marlene Stewart Executive Seers., Data Community Development & Community Development & Environmental Services Environmental Services Atlmin. 412 5120 07 1: 29 PM Approved By Judy Fair Operations Analyst Data Community Development& Community Development8 Environmental Services Environmental Services Atlmin, 4125120072: 45 PM Approved By Michelle Edwards Arnold Code Enforcement Director Data Community Development & Environmental Services Code Enforcement 4/2612007 9:27 AM Approved By Susan Murray. AICP Zoning & Land Development Director Data Community Development & Environmental Services Zoning & Land Development Review 412612007 11.32 AM Approved By Bit Hammond Director Data Community Development & Environmental Services Building Review antl Pennitnng 41261200711: 59 AM Approved By David C. strategist County Attorney Data County Attorney County Attorney Office W26120071:29 PM Approved By ONE Coordinator Administrative Assistant Data County Managers Office Office of Management & Budget 4427120/7 9:11 AM Approved By Marklesckson Budget Analyst Data County Managers Omce Office of Management & Budget 511/20074:51 PM Approved By Michael Smykowskl Management & Budget Director Date County Managers Once Office of Management & Budget 51112007 5:50 PM Approved By James V. Mudd County Manager Data Board of County Commissioners County Manager's Office 51112007 6 '.32 PM Agenda Item No. 8A May 8, 2007 Page 4 of 17 COLLIER COUNTY CONSOLIDATED CODE ENFORCEMENT ORDINANCE ORDINANCE NO. 2007. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE CONSOLIDATION OF THREE EXISTING CODE ENFORCEMENT ORDINANCES, AS SPECIFIED HEREIN, INTO THIS SINGLE ORDINANCE; ESTABLISHING AN AFFIRMATIVE DEFENSE TO CERTAIN ALLEGED CODE VIOLATIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR REPEAL OF THREE SPECIFIED ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Article VIB of the Constitution of Florida authorizes Florida counties to exercise broad home rule powers; and WHEREAS, Section 125.01(1), Florida Statutes, provides that the legislative and governing body of a County shall have the power to carry on County government and that said power includes, but is not restricted to, a number of powers set forth in Section 125.01, so long as any powers exercised are not inconsistent with general or special laws; and WHEREAS, Section 125.01(1)(t), Florida Statutes, provides that a county may adopt ordinances and resolutions necessary for the exercise of its powers and prescribe fines and penalties for the violation of ordinances in accordance with law; and WHEREAS, Sections 125.01(3)(a) and (b), Florida Statutes, recognize that the enumeration of powers in Section 125.01(1), Florida Statutes, incorporates all implied powers necessary or incident to carry out those powers and that Section 125.01, Florida Statutes, shall be liberally construed in order to effectively carry out the purpose of the section and to secure for counties the broad exercise of home rule powers authorized by the State Constitution; and WHEREAS, pursuant to Chapter 162, Florida Statutes, "The Local Government Code Enforcement Boards Act," the Board of County Commissioners of Collier County duly enacted Collier County Ordinance No. 1992 -80, superseded by Ordinance No. 2005 -55, known as "The Collier County Code Enforcement Board and Public Nuisance Abatement Ordinance;" and WHEREAS, by the authority vested by Chapter 125, Florida Statutes, and pursuant to Chapter 162, Part II, Florida Statutes, the Board enacted Collier County Ordinance No. 1997 -35, as amended, known as the "Collier County Code Enforcement Citation Ordinance," which established a supplemental enforcement procedure with respect to certain codes and ordinances; and WHEREAS, pursuant to Chapter 162, Florida Statutes, "The Local Government Code Enforcement Boards Act," the Board of County Commissioners of Collier County duly enacted Collier County Ordinance No. 2004 -46, known as the "Collier County Code Enforcement Special Master Ordinance," which created a code enforcement special magistrate process as an additional means for the enforcement of county codes and ordinances; and WHEREAS, pursuant to Chapter 162, Florida Statutes, "The Local Government Code Enforcement Boards Act," the Board of County Commissioners has the authority to adopt, by a vote of at least a majority plus one, an ordinance that gives code enforcement boards or special Pacc t of 14 Agenda Item N May 8, Page 5 magistrates, or both, authority to impose fines in excess of the fines provided in Section 162.09(2)(a); and WHEREAS, the Board of County Commissioners of Collier County wishes to consolidate these three ordinances into one ordinance, thereby simplifying the Code Enforcement process; and WHEREAS, the Board of County Commissioners, recognizing that the primary mission of code enforcement is to promote voluntary compliance with the Collier County Code of Laws and Ordinances and the Collier County Land Development Code, desires to establish affirmative defenses to certain alleged code violations, which defenses shall not interfere with the primary intent and purpose of this Ordinance, which is to promote, protect and improve the health, safety and welfare of the citizens of Collier County. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY OF COLLIER COUNTY, FLORIDA that: SECTION ONE. Repeal of Ordinances. On the effective date of this Ordinance, the following Collier County Ordinances are repealed and superseded in their entirety: Ordinance No. 2005 -55, known as the Collier County Code Enforcement Board and Public Nuisance Abatement Board Ordinance: Ordinance No. 2004- 46, known as the Collier County Code Enforcement Special Master Ordinance; and Ordinance No. 1997 -35, as amended, known as the Collier County Code Enforcement Citation Ordinance. -- SECTION TWO: Collier County hereby adopts an Ordinance that reads as follows: ARTICLE 1. General Section 1. Title and Citation. This Ordinance shall be known and may be cited as the "Collier County Consolidated Code Enforcement Ordinance." Section 2. Applicability. The provisions of this Ordinance shall apply to, and be enforced in, the unincorporated areas of Collier County. This Ordinance shall apply to, and be enforced in, any municipalities within Collier County that agree, by resolution of the governing bodies of both the County and the municipality, to have this Ordinance apply and be enforced in the municipality. Section 3. Purpose and Authority. It is the intent of this Ordinance to promote, protect, and improve the health, safety, and welfare of the citizens of Collier County by authorizing the creation of a Code Enforcement Board, which may act as the Collier County Nuisance Abatement Board from time to time, and a Special Magistrate, with authority to impose administrative fines and other noncriminal penalties; and to provide a Code Enforcement Citation process for enforcement of County codes and ordinances in County Court, all of which is intended to provide an equitable, expeditious, effective, and inexpensive method of enforcing any codes and ordinances in force in Collier County, where a pending or repeat violation exists. Section 4. General Definitions and Abbreviations. When used in this Ordinance, the following terms shall have the following meanings, unless the context clearly indicates otherwise. Code Enforcement Officer means any authorized agent or employee of the County whose duty it is to assure code and ordinance compliance. Commission means the Board of County Commissioners of Collier County, Florida. Page 2 of 14 17 Agenda Item No. 8A May 8, 2 07 Page 6 of 17 Enforcement Board means the Collier County Code Enforcement Board, which may act as the Collier County Nuisance Abatement Board from time to time, and which is authorized to hear and decide cases involving violations of any County codes and ordinances. Notice to appear refers to a written order issued by a Code Enforcement Officer requiring a person accused of violating the law to appear in a designated court or government office at a specified date and time. If a person refuses to sign the notice to appear, the Code Enforcement Officer has no authority to arrest such person. Order means a decision of the Enforcement Board or the Special Magistrate, whether stated orally or reduced to wri ting. Person means an individual, association, firm, partnership, corporation, or other legal entity. Prosecutor means anyone authorized to present cases before the Enforcement Board or Special Magistrate, and shall include Code Enforcement Officers, Public nuisance means those nuisances as identified in either § 893.138 or § 823.05, Florida Statutes, or other statute or ordinance declaring public nuisances. Repeat violation shall mean a violation of a provision of a code or ordinance by a person who has been previously found through the Enforcement Board, Special Magistrate, or any other quasi - judicial or judicial process, to have violated the same provision within five years prior to the violation, notwithstanding the former and present violations occurring at different locations. Secretary to the Enforcement Board, or Secretary to the Special Magistrate, means the administrative staff personnel responsible for the preparation, development and coordination of all administrative and case management services necessary for the proper functioning of the Enforcement Board or Special Magistrate, as the case may be. Special Magistrate is a person authorized by the Commission to hear and decide cases involving violations of any County codes and ordinances. Violotormeans a person (the property owner, tenant, or business entity on the premises, or any combination thereof) alleged or found to have violated any code or ordinance of Collier County, which an Enforcement Board or Special Magistrate has jurisdiction to enforce. Section 5. Rules of Procedure. Both an Enforcement Board and a Special Magistrate may adopt such rules and regulations as deemed necessary to carry out their duties, consistent with the provisions of this Article and Chapter 162, Florida Statutes, the Local Government Code Enforcement Boards Act, subject to approval by the Commission. Section 6. Powers and duties. (1) Both an Enforcement Board and a Special Magistrate shall have the power to: (a) Adopt rules and regulations for the conduct of hearings; (b) Subpoena alleged violators and witnesses to appear at hearings, which subpoenas may be served by the Collier County Sheriff or a duly authorized person; (c) Subpoena evidence including, but not limited to, records, surveys, plats, and other documentary evidence, which subpoena may be served by the Collier County Sheriff or a duly authorized person; (d) Take testimony under oath; (e) Hold hearings on notices of violations; (Q Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance; (g) Assess administrative fines, costs, and to impose liens and order the payment of such fines, as provided for herein; (h) Authorize the county attorney, or his designee, to foreclose on a lien or sue to recover a money judgment for unpaid fines and costs imposed by the enforcement board; and (i) Uphold any other powers and duties granted by Chapter 162, Florida Statutes, the Local Government Code Enforcement Board Act. Page 3 of 14 Agenda Item No. 8A May 8, 2 07 Page 7 o 17 ARTICLE II. The Code Enforcement Board and Nuisance Abatement Board Section 1. There shall be one or more Enforcement Boards which shall, from time to time, also function as the Collier County Nuisance Abatement Board. The Enforcement Board shall have jurisdiction to hear and decide cases in which violations are alleged of any provision of Collier County codes or ordinances. Section 2. The Enforcement Board shall be comprised of seven members and two alternate members appointed by the Commission. Members of the Enforcement Board shall include, whenever possible, an architect, a businessperson, an engineer, a general contractor, a subcontractor, and a realtor. Section 3. Each member of the Enforcement Board shall be a permanent resident of Collier County and shall serve without compensation. Section 4. Members may be reimbursed for such travel, mileage, and per diem expenses as may be authorized, in advance, by the Commission. Section 5. Terms of office shall be in accordance with Ordinance No. 2001 -55, as it may be amended. Section 6. Enforcement Board member attendance requirements, including failure to attend meetings and removal from office, shall be governed by Ordinance No. 2001 -55 or its successor ordinance. The members shall serve at the pleasure of the Commission and may be suspended and removed for cause by a majority vote of the quorum of the Commission. If any member becomes a candidate for publicly elected office, or becomes an employee of the County, his or her membership will automatically terminate. Section 7. An alternate member shall act only in the absence, or disqualification, of a regular Enforcement Board member. Section 8. The initial appointments to the Enforcement Board shall be as follows; (1) Two members shall be appointed for a term of one year each; (2) Three members shall be appointed for a term of two years each; (3) Two members shall be appointed for a term of three years each; (4) One alternate member shall be appointed for a term of two years and one alternate member shall be appointed for a term of three years. (5) Thereafter, all appointments shall be made by the Commission for a term of three years. (6) In the event any members term, including that of any alternate member's term, expires during the pendency of a case(s) which has not reached conclusion by a final vote, such members expired term shall automatically be extended for the limited time and for the limited purpose of presiding over such particular ease(s) until conclusion and final vote and the time for rehearing has passed. In the event a rehearing is granted, such member's term shall continue for the limited time and limited purpose to rehear the matter and reach conclusion by final vote. Section 9. Organization of the Enforcement Board. (1) An Enforcement Board shall consist of a chairperson, a vice- chairperson, and such other officers as the Enforcement Board shall deem necessary, after election to such position by the regular voting Enforcement Board members. (2) Officers of an Enforcement Board shall be elected by a majority vote of the membership at the first meeting of the Enforcement Board, after the initial appointment of the membership and annually thereafter. (3) A minimum of four members of an Enforcement Board shall constitute a quorum. An alternate member shall be considered as one of such members for quorum purposes. (4) The Commission shall provide such clerical and administrative personnel and legal services as may be reasonably required by an Enforcement Board for the proper performance of its duties. (5) The Commission shall appoint either the Office of the Collier County Attorney or an attorney -- who is a member of the Florida Bar, either residing or practicing in the County, to represent and act as legal counsel to the Enforcement Board, and such person shall attend all meetings of the Enforcement Board. If not the County Attorney, the appointed attorney shall be compensated as provided by the Commission. Page 4 of 14 Agenda Item N May 8, Page 8 (6) The Enforcement Board shall be reviewed by the Commission, in accordance with Collier County Ordinance No. 2001 -55, as it may be amended. ARTICLE III. Special Magistrate Section 1. Jurisdiction of Special Magistrates, Special Magistrates shall have the same jurisdiction to hear and decide cases as the Enforcement Board, and may also hold hearings on contested citations issued by but not limited to, the Collier County Sheriffs office, the Collier County Code Enforcement Department, Domestic Animal Services, and the Utility Billing and Customer Services Departments for violation of local codes and ordinances. Section 2. Qualification, appointment, and removal of Special Magistrates. Appointment of a Special Magistrate shall be based on the following qualifications and terms: (1) The Commission shall appoint as many Special Magistrates as deemed necessary. (2) Special Magistrates shall at minimum, (a) be a graduate of a law school accredited by the American Bar Association, (b) demonstrate knowledge of administrative law, land use law and local government regulations and procedures, (c) be a member in good standing with the Florida Bar, and (d) be either a certified mediator under the rules of the Florida Supreme Court, an arbitrator qualified by a recognized Arbitration Association, or a former judge, and (e) meet other such qualifications that may be established by resolution of the Commission. (3) Special Magistrate appointment shall be for a two year term. Upon recommendation of the Special Magistrate Review Board, any Special Magistrate may be reappointed at the discretion of the Commission. There shall be no limit on the number of reappointments that may be given to any Special Magistrate; provided a determination for removal or reappointment is made for each individual Special Magistrate at the end of each two -year term. The Commission shall have authority to remove a Special Magistrate with or without cause upon ten days written notice. (4) If any Special Magistrate resigns or is removed prior to expiration of his or her term or the Review Board determines that the Special Magistrate should not be reappointed, the Review Board shall make a recommendation for reappointment from the candidates previously interviewed to fill the vacancy within 30 days. Section 3. Establishment of a Special Magistrate Review Board. The Commission shall create a Special Magistrate Review Board, comprised of two members of the Code Enforcement Department; one member from the Office of the Collier County Attorney; and two sitting members of the Code Enforcement Board. The duty of the Review Board shall be to recommend appointment for the Special Magistrate(s) and review, on an annual basis, the performance of the Special Magistrate(s) in order to recommend the removal or reappointment of said Special Magistrate(s) to the Commission. ARTICLE IV. Procedures Governing the Code Enforcement Board, Nuisance Abatement Board, and the Special Magistrate Section 1. Enforcement procedures. Matters brought to the Enforcement Board not sitting as a Nuisance Abatement Board, or to the Special Magistrate, shall be scheduled on the applicable agenda consistent with the following procedures: (1) Alleged violations of any code or ordinance may be filed with the Code Enforcement Department by citizens or those administrative officials who have the responsibility of enforcing the various codes and ordinances in force in Collier County. (2) If a violation(s) of a code or ordinance is believed to exist, the Code Enforcement Officer shall provide notice and specify a reasonable time to correct the violation(s). Notice shall be given in writing and shall specify the alleged violation, the required corrective action and the time period for correction. (3) Should any violation continue beyond the time specified for correction, the Secretary to the Enforcement Board or Special Magistrate shall give notice to the Violator that a hearing will be conducted concerning the alleged violation(s) as noticed. The notice shall state the time and place of the hearing, as well as the violation(s) which are alleged to exist. (4) if the violation is corrected and then reoccurs, or if the violation is not corrected by the time specified for correction in the notice, the Code Enforcement Officer may either issue a citation or schedule the case for hearing, and the notice of hearing shall so state. If the Code Enforcement Officer initiates the hearing process, the case may be brought for hearing even if the violation has been corrected prior to hearing, and the notice of hearing shall so state. Pugc 5 of 14 17 Agenda Item N May 8, Page 9 (5) If the Code Enforcement Officer has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety and welfare or if the violation is irreparable or irreversible in nature, the Code Enforcement Officer shall make a reasonable effort to notify the Violator and may immediately notify the Enforcement Board or Special Magistrate and request a hearing. Under such circumstances, the Code Enforcement Officer shall not be required to adhere to the notice and time requirements as set forth above. (6) If a repeat violation is found, the Code Enforcement Officer shall notify the Violator but is not required to give the Violator reasonable time to correct the violation. The Code Enforcement Officer, upon notifying the Violator of a repeat violation, may request a hearing. The Code Enforcement Department shall give notice to the Violator as set forth in this Ordinance. The case may be brought for hearing even if the repeat violation has been corrected prior to hearing, and the notice of hearing shall so state. (7) If the owner of property which is subject to an Enforcement Board or Special Magistrate proceeding transfers ownership of such property between the time the notice of violation was served and the time of the hearing, such owner shall: a. Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee; b. Deliver to the prospective transferee a copy of the notices and other materials relating to the code enforcement proceeding received by the Violator /transferor; c. Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the applicable code and with orders issued in the Enforcement Board or Special Magistrate proceeding; and d. File a notice with the Code Enforcement Department of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within five days after the date of the transfer. A failure to make the disclosure described above and before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the hearing, the hearing shall not be dismissed, but the new owner shall be provided a reasonable period of time to correct the violation before the hearing is held. Section 2. Enforcement procedures before the Nuisance Abatement Board. Matters brought to the Enforcement Board sitting as the Collier County Public Nuisance Abatement Board shall be scheduled on a separate agenda in accordance with the following procedures: (1) Any employee, officer or resident of Collier County may make a complaint and request for prosecution of public nuisances before the Public Nuisance Abatement Board, for public nuisance(s) located within the area of Collier County as set forth in Article 1, Section 2 of this Ordinance. Said complaint shall be made with the Collier County Sheriffs Office if the complaint involves criminal activity as the underlying basis for the nuisance complaint. Any non - criminal nuisance complaints shall be made with the Collier County Code Enforcement Department. (2) Upon the making of more than two complaints within a six -month period on any particular place or premises, the Collier County Code Enforcement Supervisor or his/her designee shall mail written notice of such complaints by hand delivery or by certified mail, return receipt requested, to the owner of the place or premises complained of at the owner's address listed in the tax collector's office of tax notices. Said notice shall provide for the owner of the place or premises to contact the Collier County Code Enforcement Department within 14 days of receipt of the notice. This time period shall be allowed for the purpose of allowing the owner to take such good faith measures as are appropriate to abate the nuisance. The Code Enforcement Department supervisor or his/her designee may extend the 14 days to allow the owner to initiate or continue actions to abate the nuisance, provided that the actions taken are reasonable. (3) In the event the owner fails to respond to the notice from the Collier County Code Enforcement Department or fails to take reasonable action to abate the nuisance within the time frames set forth above, the Secretary to the Enforcement Board shall schedule a hearing on the complaint before the Nuisance Abatement Board. The Collier County Sheriffs Office shall provide the Prosecutor with the results of its investigation of the complaint and also assist in serving any notices required under this division. The Sheriffs Office shall also make available the Sheriffs staff witnesses to appear before the Nuisance Abatement Board without need for subpoena. (4) Written notice of a hearing before the Public Nuisance Abatement Board shall be provided by -- the Secretary to the Enforcement Board by certified mail, return receipt requested, to the owner of the place or premises and to the complainant at least ten calendar days prior to the scheduled hearing. Said notice shall include- a. A statement of the time, place and nature of the hearing;. Page 6 of 14 17 Agenda Item No. 8A May 8, 2 07 Page 10 o1`17 b. A statement of the legal authority and jurisdiction under which the hearing is to be held; c. A reference to the particular sections of the statutes and ordinances involved; and d. A short and plain statement summarizing the nuisance, which is the subject of the complaint. Section 3. Subpoena procedures for Enforcement Board, Nuisance Abatement Board, and Special Magistrate. (1) Every subpoena for testimony before an Enforcement Board, Nuisance Abatement Board or Special Magistrate shall be approved in advance of issuance by the Enforcement Board, Nuisance Abatement Board or Special Magistrate, respectively. Each subpoena shall state the name of the Enforcement Board, the title of the action, the case number of the action, the name and address of the person to whom the subpoena is issued, and the time, place and location of the hearing at which the person is directed to appear, and shall be prepared by the party requesting issuance. (2) A subpoena for production of documentary evidence may also be issued to command the person to whom it is directed to produce the books, papers, documents or tangible items designated therein. The Enforcement Board, upon motion made timely and in any event at or before the time specified in the subpoena for compliance therewith, may (1) quash or modify the subpoena if it is unreasonable or oppressive, or (2) condition denial of the motion upon the advancement by the person on whose behalf the subpoena is issued of the reasonable cost of producing the requested books, papers, documents or tangible items. (3) A subpoena may be served by any person authorized by law to serve process or by any other person who is not a party to the action and who is not less than 18 years of age. Proof of such service shall be made by affidavit of the person making service if not served by an officer authorized by law to do so. Proof of service shall be filed with the Secretary of the Enforcement Board. The party at whose request the service is made shall make payment of any service fee. (4) Persons subpoenaed shall be entitled to a witness fee and mileage compensation as provided for in § 92.142, Florida Statutes. The cost of the witness fee and mileage compensation shall be borne by the party at whose request the subpoena is issued and shall be paid to the witness at or before the time of service of the subpoena Section 4. Conduct of hearing. (1) Hearings relating to violations of local codes and ordinances shall be conducted in the following manner whether being held by the Code Enforcement Board, Nuisance Abatement Board or Special Magistrate: (a) Upon request of the Code Enforcement Officer, or at such times as may be necessary, a hearing before the Enforcement Board or Special Magistrate may be convened. (b) All hearings shall be open to the public and any person whose interests may be affected by the matter before the Enforcement Board shall he given an opportunity to be heard. Official minutes of all hearings shall be kept. (c) Hearings may be informal and need not be conducted in accordance with the technical rules relating to evidence and witnesses. They shall, however, be conducted in accordance with accepted parliamentary procedures relative to motions, votes and decisions. Fundamental due process shall be observed and shall govem all hearings. (d) Al the hearing, the burden of proof shall be upon the Prosecutor to show by a preponderance of the evidence that a violation(s) does exist and that the Violator committed, or was responsible for maintaining or allowing the violation to continue. (e) Where notice of the hearing has been provided to the Violator as provided for herein, a hearing may be conducted and an order rendered even in the absence of the Violator. (f) All testimony shall be under oath and shall be recorded by a certified court reporter and/or a recording instrument. The Violator may cause the proceedings to be recorded by an independent certified court reporter. (g) All relevant evidence shall be admitted if, in the opinion of the Enforcement Board or Special Magistrate, it is the type of evidence upon which reasonable persons would normally rely in the conduct of business affairs, regardless of the existence of any common law or statutory rule which might make such evidence inadmissible over objection in civil actions. Any part of the evidence may be received in written form. (h) Hearsay evidence may be accepted for the purpose of supplementing or explaining any direct evidence, but such hearsay evidence shall not in and of itself be considered sufficient to support a finding or decision. (i) Each party to the hearing shall have the right to call and examine witnesses, introduce exhibits, cross - examine opposing witnesses, impeach witnesses and rebut evidence. The Violator may be represented by legal counsel at all hearings. 0) At the conclusion of the hearing, an Order shall be issued. Orders shall be based on competent and substantial evidence entered into the record, and must be based on a preponderance of the Page 7 of 14 Agenda Item N May 8, Page 11 evidence. The decision shall then be sent, by regular First Class United States Mail, to the Violator in the form of a written Order including findings of fact and conclusions of law based on evidence of record. (k) Should an Enforcement Board or Special Magistrate be unable to issue a decision immediately following any hearing because of questions of law or other matters of such nature that a decision cannot be immediately made, the Enforcement Board may withhold issuing its decision until a subsequent meeting, and the Special Magistrate may withhold issuing his or her decision for a period not exceeding thirty (30) days. In such a case, further discussion of the pending matter and all deliberations relating thereto by members of an Enforcement Board shall occur at a public meeting of the Enforcement Board. The Enforcement Board or Special Magistrate shall thereafter issue its decision pursuant to subsection (1)(j) of this Section. (1) A certified copy of such order may be recorded in the public records of Collier County and shall constitute notice to any subsequent purchasers, successors in interest, or assigns as the violation(s) concem(s) real property, and the findings therein shall be binding upon the Violator and, if the violation(s) concern(s) real property, any subsequent purchasers, successors in interest, or assigns. (m) If Collier County prevails in prosecuting a case before the Enforcement Board or Special Magistrate, it shall be entitled to recover all costs incurred in prosecuting the case, including costs incurred by the County in enforcing its codes and ordinances, and all costs of repairs incurred by the County. Whether and to what extent such costs are imposed shall be within the discretion of the Enforcement Board or Special Magistrate, but shall not exceed the costs incurred. (2) S ecial Additional Rules for Nuisance Abatement Board. The Collier County Code Enforcement Department shall present cases before the Nuisance Abatement Board. The Collier County Sheriffs Office shall only be responsible for receiving and investigating complaints, sharing said investigative information with the Code Enforcement Department, notifying the Code Enforcement Department of the need to schedule hearings, assisting Code Enforcement Department staff in serving any notices required under this Ordinance, and making available investigative witnesses at Nuisance Abatement Board hearings. Where appropriate, the public may be given an opportunity to present oral or written communications, in which event all parties shall be given an opportunity to cross- examine, challenge, or rebut said material. After considering all °-- evidence, the Nuisance Abatement Board may declare the place or premises to be a public nuisance, as defined by applicable County ordinances and Florida Statutes, and may enter an order immediately prohibiting: (a) The maintaining of a nuisance; (b) The operating or maintaining of the place or premises, including the closure of the place or premises or any part thereof; (c) The conduct, operation or maintenance of any business or activity on the premises which is conducive to such nuisance. An Order entered under subsection (b) shall expire after one year or at such earlier time as stated in the Order. The Nuisance Abatement Board may retain jurisdiction to modify its Orders prior to the expiration of said Orders. The Nuisance Abatement Board or any other authorized person, may bring a complaint under § 60.05, Florida Statutes, seeking a permanent injunction against any public nuisance. Section 5. Penalties before Enforcement Board and Special Magistrate. (1) Upon a finding of violation, the Enforcement Board or Special Magistrate may order the Violator to pay a fine which shall not exceed $1,000.00 per day per violation for each day the first violation continues past the date set for compliance by the Enforcement Board or Special Magistrate; or in the case of a repeat violation, may order the repeat Violator to pay a fine which shall not exceed $5,000.00 per day per violation for each day the repeat violation continues past the date set for compliance by the Code Enforcement Board, or from the time the violation has been repealed, and a hearing shall not be necessary for the issuance of the Order. If the Enforcement Board or Special Magistrate finds a violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $15,000.00 per violation. (2) In determining the amount of the fine, if any, the Enforcement Board or Special Magistrate, as the case may be, shall consider the following factors: (a) The gravity of the violation; (b) Any actions taken by the Violator to correct the violation; and (c) Any previous violations committed by the Violator. (3) The Nuisance Abatement Board may order the Violator to pay a fine which shall not exceed $250.00 per day for each day the first violation continues past the date set for compliance; or in the case of a repeat Violator, may order the repeat Violator to pay a fine which shall not exceed $500.00 per day. Paige 9 of 14 17 Agenda Item No. 8A May 8, 2007 Page 12 ol 17 (4) Where the Nuisance Abatement Board hears an administrative action, based on a stolen property nuisance, against a property owner operating an establishment where multiple tenants, on one site, conduct their own retail business, the property owner shall not be subject to a lien against his or her property or the prohibition of operation provision if the property owner evicts the business declared to be a nuisance within 90 days after notification by registered mail to the property owner of a second stolen property conviction of the tenant. The total fines imposed pursuant to the authority of § 893.138, Florida Statutes, shall not exceed $15,000.00. (5) A certified copy of an Enforcement Board or Special Magistrate's Order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation occurred or exists, and upon any other real or personal property owned by the Violator; and shall be superior to the interest on such parcel or property of any owner, lessee, tenant, mortgagee, or other person except the lien of county taxes, and shall be coequal with county taxes enforced in the same manner as a court judgment by the sheriffs of this state, including levy against personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After three months from the filing of any such lien which remains unpaid, the enforcement board may authorize the county attorney to foreclose on the lien or forward the lien to a collection agency. No lien created pursuant to this Section may be foreclosed on real property that is a homestead under Article X, Section 4 of the Florida Constitution. (6) No lien provided under this division shall continue for a period longer than 20 years after the certified copy of an Order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. Section 6. Costs for nuisance abatement cases. In the event the Nuisance Abatement Board declares a place or premises to be a nuisance and issues an order, the Nuisance Abatement Board shall assess against the owner of the place or premises the costs which the county, its attorney and /or the sheriffs office have incurred in the preparation, investigation and presentation of the case. These costs shall be due and payable 20 days after the written order of the Nuisance Abatement Board has been filed in the public records. A certified copy of an Order imposing costs may be recorded in the official records and thereafter shall constitute a lien against the land on which the violation exists or, if the Violator does not own the land, upon any other real or personal property owned by the Violator. Upon petition to the circuit court, said order /lien may be enforced in the same manner as a court judgment except for enforcement purposes. After one year from the filing of any such lien, which remains unpaid, Collier County may foreclose or otherwise execute on the lien with recovery of all costs, including reasonable attorney fees, associated with the recording of the order and foreclosure. Interest shall accrue on the unpaid costs at the legal rate of interest set forth in § 55.03, Florida Statutes, as said statute may be amended, replaced, or superseded from time to time. No lien created pursuant to the provisions of this Section may be foreclosed on real property that is a homestead under Article X, Section Four of the Florida Constitution. Section 7. Rehearing of Enforcement Board or Special Magistrate action. (1) A request for rehearing shall be made in writing. Either the Prosecutor or the Violator may request a rehearing of the decision of an Enforcement Board or Special Magistrate. In the case of Enforcement Board decisions, said requests shall be filed with the Secretary to the Enforcement Board, and in the case of Special Magistrate decisions, with the Secretary to the Special Magistrate, within ten days of the date of receipt of the written Order of the Enforcement Board or Special Magistrate, but in no event more than 20 days from the date of mailing of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law, which was fundamental to the decision of the Enforcement Board or Special Magistrate. The written request for rehearing shall specify the precise reasons therefore. (2) The Enforcement Board, or Special Magistrate, as the case may be, shall make a determination whether to rehear the matter and its decision shall be made at a public meeting, reduced to writing, and mailed to the interested parties within ten days after the date the decision is made. If the Enforcement Board or Special Magistrate determines it will grant a rehearing, it may either: (a) Schedule a hearing where the patties will be given the opportunity of presenting evidence or argument limited by the Enforcement Board and Special Magistrate to the specific reasons for which the rehearing was granted; or (b) Modify or reverse the prior order, without receiving further evidence, provided that any modification is based on a finding that the prior decision of the Enforcement Board or Special Page 9 of 14 Agenda Item No. 8A May 8, 2 07 Page 13 oil 7 Magistrate resulted from a ruling on a question of law which the Enforcement Board or Special Magistrate has been informed was an erroneous rating. (3) The Order of the Enforcement Board or Special Magistrate shall be stayed and the time for taking an appeal, pursuant to Section 8 below, shall not commence to run until a request for rehearing has been denied or otherwise disposed of and the written decision has been received by the interested parties; provided, however, that in no event shall the Order be stayed for a period longer than 20 days from the date of mailing of the rehearing decision. Section 8. Appeals. (1) With the exception of violations of Ordinance No, 72 -8; Ordinance No. 74 -9, as amended; Ordinance No. 76 -13; and Ordinance No. 93 -56, as amended, as collectively codified in Chapter 14 of the County Code of Laws and Ordinances, any aggrieved party, including the Commission, may challenge a final administrative order of an Enforcement Board or Special Magistrate to the Collier County Circuit Court. Such challenge shall not be a hearing de novo but shall be limited to appellate review of the record created before the Enforcement Board or Special Magistrate. Any appeal shall be filed within 30 days of the execution of the Order to be appealed. (2) For violations of Ordinance No. 72 -8; Ordinance No. 74 -9, as amended; Ordinance No. 76 -13; and Ordinance No. 93 -56, as amended, as collectively codified in Chapter 14 of the County Code of Laws and Ordinances, any aggrieved party, including the Commission, may seek to overturn the Order by making application to the County Court for a trial de novo on the merits within 30 days of the execution of the Order to be appealed. These requirements for appeal are jurisdictional. (3) In the event that a party to the proceedings before an Enforcement Board or Special Magistrate should elect to appeal, a verbatim record of the proceedings may be required or may be desirable. It shall be the sole responsibility of the alleged Violator to ensure that a record is made which includes the testimony upon which an appeal may be taken. Collier County, an Enforcement Board, and the Special Magistrate shall not have responsibility to provide a verbatim transcript of the proceedings. Section 9. Notices. -- (1) All notices required by this Ordinance shall be provided to the alleged Violator by: (a) Certified mail, return receipt requested, provided if such notice is sent to the owner of the property in question at the address listed in the tax collector's offices for tax notices, and at any other address provided to the local government by such owner and is returned as unclaimed or refused, notice may be provided by posting as described below, and by first class mail directed to the addresses furnished to the local government with a properly executed proof of mailing or affidavit confirming the first class mailing; (b) Hand- delivery by the sheriff or other law enforcement officer, Code Enforcement Officer, or other person designated by the Commission; (c) Leaving the notice at the Violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice; or (d) In the case of commercial premises, leaving the notice with the manager or other person in charge. (2) In addition to providing notice as set forth in subsection (1) above, at the option of the Enforcement Board or Special Magistrate, notice may also be served by publication or posting, as follows: (a) Such notice shall be published once during each week for four consecutive weeks (four publications being sufficient) in a newspaper of general circulation in Collier County. The newspaper shall meet such requirements as are prescribed under Chapter 50, Florida Statutes, for legal and official advertisements. (b) Proof of publication shall be made as provided in §§ 50.041 and 50.051, Florida Statutes. (3) In lieu of publication as described in subsection (2) of this Section, such notice may be posted at least ten days prior to the hearing, or prior to the expiration of any deadline contained in the notice, in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be at or near the front door of the Collier County Courthouse. (4) Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of posting. (5) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under subsection (1) of this Section. (6) Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (1) of this Section, together with proof of publication or posting, shall be sufficient to Page 10 of 14 Agenda Item No. 8A May 8, 21107 Page 14 ol 17 show that the notice requirements of this Section have been met, without regard to whether or not the Violator actually received such notice. (7) Proper notice may be assumed when a notice of violation and/or hearing has been mailed to, and accepted by, the Violator or his or her agent or other person in the household or business, or where a Code Enforcement Officer, under oath testifies that he/she did hand - deliver the notice to the Violator. ARTICLE V. Code Enforcement Citation Regulations Section 1. Purpose and Authority. It is the intent of this Article to promote, protect, and improve the health, safety, and welfare of the citizens of Collier County by providing a supplemental means of enforcing County ordinances by creating an option for the issuance of civil citations for adjudication of ordinances in Collier County Court. The authority for this Article is Chapter 162, Florida Statutes, Part II. Section 2. Designation of certain county employees as code enforcement otTtcers and authorization to issue citations and notices to appear. (1) Subject to the successful completion of required training, the following county employees or agents are hereby designated as code enforcement officers with authorization to issue citations and notices to appear as an additional and supplemental means of obtaining compliance with county codes and ordinances: law enforcement officers; code enforcement director; code enforcement supervisors; code enforcement investigators; and code enforcement compliance investigator for revenue services. (2) Designation as a code enforcement officer with authorization to issue citations and notices to appear does not provide the designated code enforcement officer with the power of arrest or subject the code enforcement officer to the provisions of §§ 943.085 - 943.255, Florida Statutes. Section 3. Training of designated code enforcement officers to issue citations and notices to appear. The training of designated code enforcement officers for issuing citations /notices to appear shall be implemented by the Collier County Code Enforcement and Human Resources Departments, which shall maintain in their respective department files a written procedure as to the necessary training requirements. Topics in the training shall include, but are not limited to, the following: (1) The citation and notice to appear. a. Applicable laws and enabling legislation. b. Purpose of citation and notice to appear procedures. c. Powers and limitations of citation and notice to appear procedures. (2) Responsibilities of the code o�cer. a. Enforcement policies. 1. When to use citation and notice to appear power. 2. Warnings. (3) Issuing citation and notice to appear. a. Form of citation and notice to appear. b. Applicable laws. c. Warning notice required. d. Court data. e. Practice writing citations and notices to appear. (4) Signature of code Violator and/or refusal to sign. a. What to do to obtain signature. b. Procedure for refusal to sign. c. How to obtain sheriffs assistance. d. Emergency contact procedures. (5) Public contact. a. How to handle difficult situations. b. Angry people. (6) Sworn statements. (7) Keeping files. a. Documentation and building a case. b. What to do with files for court action. (8) Court room procedures. a. Appearance. b. Demeanor. e. Testimony, Page 11 of 14 Agenda Item No. 8A May 8, 2 07 Page 15 oil 7 d. Judges. Section 4. Powers and duties of designated Code Enforcement Officers. (1) It shall be the duty of those persons designated in this Article, who have successfully completed . the required training, to issue a citation(s) or notice(s) to appear to a person(s) when, based upon personal investigation, the Code Enforcement Officer has reasonable cause to believe that the person(s) has (have) committed a civil infraction in violation of any duly enacted county codes or ordinances. (2) As may otherwise be permitted by law, all Collier County codes and ordinances may be enforced by the procedures set forth in this Article. Section 5. Civil infraction. A violation of any codes or ordinance for which a citation/notice to appear is issued, under the authority provided herein, is a civil infraction subject to the enforcement procedures set forth in this article and any other applicable enforcement procedure set forth in any other county code or ordinance, and in Florida Statutes. Said civil infraction shall carry a maximum civil penalty not to exceed $500.00. A civil penalty of less than the maximum civil penalty may apply if the person who has committed the civil infraction does not contest the citation. Each violation of a code or ordinance shall be a separate civil infraction. Each day each violation shall continue beyond the time period for correction stated in the written warning notice, citation or notice to appear, shall be deemed to constitute a separate civil infraction. Section 6. Citation and notice to appear procedures. (1) Prior to issuing a citation or a notice to appear, a Code Enforcement Officer shall provide written notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than 30 days if a citation is issued. Such time period shall be no fewer than five days and no more than 30 days if a notice to appear is issued. If, upon personal investigation, a Code Enforcement Officer finds that the person has not corrected the violation within the time period, a Code Enforcement Officer may issue a citation or a notice to appear to the person who has committed the violation. A Code Enforcement Officer does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation or notice to appear, and may immediately issue a citation or notice to appear if a repeat violation is found or if the Code Enforcement Officer has reason to believe that the violation presents a serious threat to the public health, safety or welfare, or if the violation is irreparable or irreversible. (2) Written warning notices, if applicable, and citations and notices to appear shall be provided to the Violator by certified mail, return receipt requested, or by hand- delivery by the Code Enforcement Officer, sheriff, or other law enforcement officer. Issuance of a written warning notice or citation or notice to appear to a business may be accomplished by leaving a copy at the business, during regular business hours, with any employee and informing the employee of the contents or by certified mail, return receipt requested. Each employee of the business shall be deemed to be an agent of the business for service of warning notices, citations, and notices to appear; said warning notices, citations, and notices to appear may also be served on the registered agent for the business. (3) After issuing a citation or notice to appear to the Violator, the Code Enforcement Officer shall deposit the original citation or notice to appear and two copies of the citation or notice to appear with the county court. (4) Upon issuance of a citation or notice to appear, the following options apply: (a) A person who elects not to contest the citation or notice to appear may pay the civil penalty as set out herein within 30 days from issuance of the citation or notice to appear; or (b) The person cited may contest the citation or notice to appear in county court. In such cases where a person wishes to contest the citation or notice to appear, the person must request, in writing, a court date from the clerk of courts within 30 days of issuance of the citation or notice to appear. (5) A person who fails to pay the civil penalty within the established period of time, fails to request a court date, and/or fails to timely contest the citation or notice to appear shall be deemed to have waived his or her right to contest the citation or notice to appear and, in such case, judgment shall be entered against the person for the amount of the maximum civil penalty -- $500.00. (6) In the event a civil judgment is entered against a person pursuant to the provisions of this article, the county may record a certified copy of said judgment in the official records of the county, If a person pays the civil penalty for which a civil judgment has been recorded, the clerk Page 12 of 14 Agenda Item K May 8, Page 16 of courts shall notify the Collier County Code Enforcement Department when the judgment has been paid. Upon receipt of written verification of payment from the clerk of courts, the Director of the Code Enforcement Department, or authorized delegate, shall prepare, execute and record a satisfaction of judgment in the Official Records of Collier County. (7) The provisions of this Article are an additional and supplemental means of enforcing county codes and ordinances and may be used for the enforcement of all applicable county codes or ordinances as may be permitted by law. Nothing contained in this Article shall prohibit the county from enforcing its codes and ordinances by any other civil, administrative and/or criminal means. (8) The provisions of this Section shall not apply to enforcement, pursuant to §§ 553.79 and 553.80, Florida Statutes, of the Building Codes adopted pursuant to § 553.73, Florida Statutes, as they apply to construction; provided that a building permit is either not required, or has been issued by the county or a municipality. For the purpose of this subsection, "building codes" means only those codes adopted pursuant to § 553.73, Florida Statutes. Section 7. Form of citations and notices to appear. The citation and notice to appear forms to be issued by the Code Enforcement Officers designated herein shall be in a form prescribed by the county and shall contain: (1) The date and time of issuance. (2) The name and address of the person to whom the citation is issued. (3) The date and time the civil infraction was committed. (4) The facts constituting reasonable cause. (5) The number or section of the code or ordinance violated. (6) The name and authority of the code enforcement officer. (7) The procedure for the person to follow in order to pay the civil penalty or to contest the citation or notice to appear in county court. (8) The applicable potential civil penalty if the person elects to contest the citation or notice to appear. (9) The applicable civil penalty if the person elects not to contest the citation or notice to appear. (10) A conspicuous statement that, if the person fails to pay the civil penalty within the time allowed, and/or fails to request a hearing date and/or appear in county court to timely contest the citation or notice to appear, such person shall be deemed to have waived the right to contest the citation or notice to appear and that, in such case, judgment shall be entered by the clerk of courts against the person for the amount of the maximum civil penalty of $500.00. Section 8. Establishing a schedule of violations, options and penalties, regarding citations and notices to appear. (1) The Commission hereby establishes a schedule of violations and penalties to be assessed by Code Enforcement Officers for those codes and ordinances enforced pursuant to this Article. (2) Schedule of violations and penalties: For uncontested violations cited under this Article, the following schedule of civil penalties is imposed for the corresponding offense; first offense $105.00, second offense $255.00, and third or more offense $405.00. (3) The following options are available to a person who has been issued a citation or notice to appear in accordance with this Article: (a) If a person elects not to contest a citation or notice to appear, the person may pay the appropriate civil penalty, as set forth above in this article, within 30 days from issuance of the citation or notice to appear to the clerk of the circuit court. (b) If a person elects to contest a citation or notice to appear in county court and, after trial before the county court, is adjudicated to have committed a violation, a civil penalty not to exceed $500.00 shall be imposed by the county court. The county judge may also order the Violator to correct the violation within a time certain and as may be specified. Court costs, legislative assessments, and costs of prosecution, all as provided for by law, shall be assessed by the county court. (4) If a person fails to pay the civil penalty specified by the schedule of penalties within the time allowed, or fails to request a hearing or fails to appear in county court to contest the citation or notice to appear, the Violator shall be deemed to have waived the right to contest the citation or notice to appear and judgment shall be entered against the person in an amount up to the maximum civil penalty of $500.00 per violation, but not less than the amount of the penalty set forth in the schedule for uncontested violations. (5) Any person who willfully refuses to sign and accept a citation issued by a designated Code Enforcement Officer shall be guilty of a misdemeanor of the second degree, punishable as provided in § 775.082 or § 775.083, Florida Statutes. Page 13 of 14 L 17 Agenda Item N May 8, Page 17 (6) Unless otherwise required by law, all monies required to be paid for civil penalties, or as may otherwise be awarded by the county court, pursuant to this ordinance will be distributed as follows: (a) The first $5.00 of any fine or order of the court will be retained by the clerk of courts, and; (b) All other monies paid by, and collected from, violations will be remitted to the Collier County Code Enforcement Department. ARTICLE VI. Affirmative Defense Section 1. Affirmative defenses to alleged code violations. It shall be a complete defense to any Enforcement Board or Special Magistrate action founded upon an alleged failure to obtain a permit required by the Collier County Code of Laws and Ordinances, if said permit was required to be obtained prior to April 1, 1997, and the person charged with such alleged failure demonstrates to the Building Official, as defined by the Florida Building Code, by a preponderance of the evidence, that the work which was alleged to have been completed without a permit being duly issued meets all codes and requirements in effect at the time the permit was required. SECTION THREE: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County, the more restrictive shall apply. If any phrase or portion of this Ordinance, or the particular application thereof, shall be held invalid or unconstitutional by any court, administrative agency or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses or phrases and their application shall not be affected thereby. SECTION FOUR: Inclusion in the code of laws and ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section ", "article", or other appropri ate word. SECTION FIVE: Effective Date. This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this _ day of , 2007. ATTEST BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, Clerk OF COLLIER COUNTY, FLORIDA 0 App {gve lft9ci to ffn and s By: Deputy Clerk JAMES COLETTA, Chairman Jeffre A. Khuzk I Mana Assisr County Attorney Page 14 of 14 17 Agenda Item No. 813 May 8, 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 and Daycare Centers 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 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 certain 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 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. Agenda Item No. 8B May 8, 2007 Page 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 certain sexual offenders and sexual predators from schools, parks and daycare centers, with owner /landlord obligations. PREPARED BY: Robert N. Zachary, Assistant County Attorney Page ] of 1 Agenda Item No. 8B May 8. 2007 Page 3 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 8B Item Summary: Board Consideration of Adoption of a Proposed Ordinance Prohibiting Certain Sexual OMB Coordinator Offenders and Sexual Predators from Establishing Temporary or Permanent Residences Data within 2.500 feet of Specified Locations such as Parks, Schools and Daycare Centers within County Managers Office the County and Prohibiting Property Owners from Renting and /or Leasing All or Pampas of 4127120079:37 Real Property to Them Within the Proscribed Limits. Meeting Date: 5/812007 9.00 00 AM Prepared By Robert N. Zachary Assistant County Attorney Data County Attorney Country Attorney Office 4/2612007 2:33:22 PM Approved By Office of Management & Budget David C. Weigel County Attorney Date County Attorney County Attorney Office W2612007 3:46 PM Approved By OMB Coordinator Administrative Assistant Data County Managers Office Office of Management &Budget 4127120079:37 AM Approved By Mark lsackson Bud,. Analyst Data County Managers Office Office of Management & Budget 4130120077.36 AM Approved By Michael Serykowskl Management& Budget Director Data County Managers Office Office of Management & Budget 413012007 3:45 PM Approved By James V. Mudd County Manager Data Board of County Commissioners County Manager's Office 4130120074: 15 PM Agenda Item No. 8B May 8, 2007 ORDINANCE NO. 2007 - Page 4 of 8 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 PENALTIES, 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 risk of harm, by registered Sexual Offenders and Sexual Predators, residing in Collier County, towards the children, and other potential victim(s) of Collier County, and WHEREAS, the Board of County Commissioners of Collier County recognize that registered Sexual Offenders and Sexual Predators, who have been released from custody, and who are required by Florida law to Register as Sexual Offenders or Sexual Predators represent a risk of re- offending, and; WHEREAS, it is the intent of this Ordinance 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 wherein certain registered 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 temporary or permanent residency of certain registered Sexual Offenders and Sexual Predators, which would further protect our citizens, limiting their access to children or other potential sexual offense victim(s). NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF 41SSIONERS OF COLLIER COUNTY, FLORIDA that: The above and foregoing recitals of legislative intent and findings be incorporated herein as part of this Ordinance, and 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. SECTION ONE: FINDINGS AND INTENT. (a) Each individual designated by the State of Florida, or by any other Statute of any other State of the United States, or by the Government of the United States or any agency thereof as a "Sexual Offender" or "Sexual Predator" and who is required by any such law to register as a "Sexual Offender" or "Sexual Predator" represents an increased risk of harm to the citizens of Collier County. Protecting the citizens of Collier County from harm is enhanced by recognizing the risks that said Sexual Offenders and Sexual Predators represent from residing either Agenda Item No. SB May 8, 2007 temporarily or permanently close to areas where children and other potential victim(s) frequently Page 5 of 8 congregate and gather. (b) It is the intent of this Ordinance 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 and other potential victim(s) are regularly present, wherein certain Sexual Offenders and Sexual Predators are prohibited from establishing temporary or permanent residence. (c) It is the intention of this Ordinance 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 and other potential victim(s) from potential victimization by registered Sexual Offenders and Sexual Predators. SECTION TWO: TITLE AND CITATION. This Ordinance shall be known and may be cited as the "Collier County Sexual Offenders and Sexual Predators Residential Restriction Ordinance ". SECTION THREE: APPLICABILITY. This Ordinance shall apply to incorporated as well as unincorporated areas of Collier County. SECTION FOUR: DEFINITIONS. The following words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Registered Sexual Offender or Registered Sexual Predator means an individual designated by the State of Florida, or by any other Statute of any other State of the United States, or by the Government of the United States or any agency thereof as a "Sexual Offender" or "Sexual Predator" and who is required by any such law to register as a "Sexual Offender" or "Sexual Predator ". The differentiating offense designations between "Offenders" and "Predators" as set forth within Florida Statute are not factors applicable to this Ordinance. 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, designated by specific geographical boundaries, owned or maintained by county or municipal government as a "Park ", which has been set aside for public use, usually, but not necessarily, consisting of paths, sports fields, playgrounds, picnic area and/or other features for amusement and relaxation. Day Care means for purposes of this Ordinance, a stand alone, real - property facility conducting business, within Collier County, possessing a "State of Florida Business Tax Receipt" as a "Child Care Facility ". This definition for the purposes of this Ordinance excludes "registered day care ", "family day care, "self- licensed" and "exempt licensed" day care locations as registered and licensed by the Florida Department of Children and Families. School means for purposes of this Ordinance, all public, private, chartered and parochial elementary, middle and high schools, located within Collier County. Agenda Item No. 8B May 8, 2007 SECTION FIVE: SEXUAL OFFENDER AND SEXUAL PREDATOR RESIDENCE Page 6 of 8 PROHIBITITION; PENALTIES; EXCEPTIONS. (a) Prohibited location of residence. It is unlawful for any person designated by the State of Florida, or by any other Statute of any other State of the United States, or by the Government of the United States or any agency thereof as a "Sexual Offender" or "Sexual Predator' and who is required by any such law to register as a "Sexual Offender' or "Sexual Predator' or for any person who has been convicted of a violation of Section 794.011, 800.04, 827.071, or 847.0145, Florida Statutes, 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, or park, or playground. (b) 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 of the registered Sexual Offender or Sexual Predator to the nearest outer property line of a school, day care center, or park; 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 or Sexual Predator is a condominium, or apartment building, the measurement is taken from the nearest outer edge of the physical footprint of the Sexual Offender's or Sexual Predator's temporary or permanent residential structure to the nearest outer property line of a school, day care center or park. (c) 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 Section 125.01(t) and Ch.125.69 (1), Florida Statutes. (d) Exceptions. A person who resides within 2,500 feet of any school, day care center, or park does not commit a violation of this section if any of the following apply: 1) The person had established a permanent residence, or a temporary residence, and reported or registered the residence as such pursuant to Section 775.21, 943.0435 or 944.607, Florida Statutes, prior to June 1, 2007. (2) The person was a minor when he/she committed the offense and was not convicted as an adult. (3) The person is a minor. (4) The school, day care or park, 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 or registered the residence pursuant to Section 775.21, 943.0435, or 944.607, Florida Statutes, SECTION SIX: 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 5(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. (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 Section 775.082 (5), or 775.083 (e), Florida Statutes. Agenda Item No. 8B May 8, 2007 Page 7 of 8 (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 registered Sexual Offender or Sexual Predator intending to occupy the unit or property, and therefore reasonably believed that the prospective tenant was not a registered 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 (FDLE Sexual Offender/Predator Unit: 1 -888- 357 - 7337), and a public access web -site whereby one may inquire as to whether an individual is a registered Sexual Offender or Sexual Predator; in this or any other state. (d) At the time of the enactment of this Ordinance, the following State and National public access websites are available for identifying "registered" Sexual Offenders and Sexual Predators in this, or any other state: (1) Florida Department of Law Enforcement (FDLE): www.fdle.state.fl.us (2) Dru Sjodin National Offender Public Registry (NSOPR): www.nsovr.¢ov SECTION SEVEN: ACCESS TO SCHOOLS, PARKS OR DAY CARE FACILITIES. (a) It is unlawful for any person who being designated by the State of Florida, or by any other Statute of any other State of the United States, or by the Government of the United States or any agency thereof as a `Sexual Offender' or "Sexual predator' and who is required by any such law to register as a "Sexual Offender" or `Sexual Predator ", or has been convicted of a violation of Section 794.011, 800.04, 827.071, or 847.0145, Florida Statutes, 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 18 years is present in that school or park, unless for lawful, legitimate or authorized purpose or 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 the entrance by a registered Sexual Offender and/or a Sexual Predator is restricted by County Ordinance. (c) It is unlawful for any person who has been convicted of a violation of Section 794.011, 800.04, 827.071, or 847.0145, Florida Statute, 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, or for any person who being designated by the State of Florida, or by any other Statute of any other State of the United States, or by the Government of the United States or any agency thereof as a "Sexual Offender' or "Sexual Predator' and who is required by any such law to register as a "Sexual Offender' or "Sexual Predator' 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, or authorized to pick up or drop off the child, by the custodial parent or legal guardian; or (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 $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 Section 125.01 (t) and Ch.125.69 (1), Florida Statutes. Agenda Item No, May 8, 2}J07 SECTION EIGHT: CONFLICT AND SEVERABILITY. Page 8 pf 8 In the event this Ordinance conflicts with any ordinance of an applicable Municipal Corporation or of Collier County, or with any superseding statutory provision, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent juti"ction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION NINE: INCLUSION INTO THE CODE OF LAWS AND ORDINANCES. The provision of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. Provisions of this Ordinance may be renumbered or relettered to accomplish same, including the word "ordinance' may be changed to "section ", "subsection ", "article ", or other appropriate word. SECTION TEN: EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2007. ATTEST: DWIGHT E. BROCK, Clerk M Deputy Clerk Approved as to form and Legal sufficiency: Robert N. ZA6hary, Esquire Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, Chairman Agenda Item No. 8C May 8, 2007 Page 1 of 216 EXECUTIVE SUMMARY PUDEX- 2006 -AR -9124: IMCollier Joint Venture, represented by Richard Yovanovich of Goodlette, Coleman and Johnson, P.A., is requesting two 2 -year extensions of the Mirasol Planned Unit Development (PUD) from April 24, 2006 to April 24, 2010. The subject PUD property, consisting of 1,558± acres, is located on the north side of Immokalee Road immediately west of Collier Boulevard in Sections 10, 15, and 22, Township 48 South, and Range 26 East, in Collier County, Florida. OBJECTIVE: The objective of this petition is to have the Board of County Commissioners (BCC) consider a request for two 2 -year extensions of the development time limit of the Mirasol PUD, as well as ensuring that the project is consistent with all the applicable County regulations and to ensure that the community's interest is maintained. CONSIDERATIONS: Section 10.02.13.13 of the Land Development Code (LDC) requires the PUD property owner to submit an annual report outlining the progress of development one year from the date the PUD zoning was adopted by the BCC, and every year thereafter based on the anniversary of its adoption. For those PUD zoned projects approved prior to October 24, 2001, if on the fifth year of their adoption the authorized development has not commenced to the thresholds established by the LDC, then the PUD is " sunsetted," which means no development approvals can be granted until the PUD is extended, amended or rezoned. This procedure is commonly referred to as the sunsetting provision of the LDC. The LDC allows PUD projects to be considered for up to two, 2 -year extensions. This petition seeks approval of two 2 -year extensions for a term of four years. The requested extension time would allow the applicant four years to obtain necessary development approvals in order to develop under the existing PUD approval. The existing PUD, comprising 1,558± acres, was zoned from Rural Agriculture (A) zoning district to Planned Unit Development (PUD) on April 24, 2001, pursuant to Ordinance 01 -20 to allow for 799 residential units and two 18 -hole golf courses that would feature a clubhouse and recreation amenities. According to the application the applicant has been unable to obtain a U.S. Army Corps of Engineers (USAGE) permit and thus has not been able to commence development to the thresholds within the time frame specified in Section 10.02.13.13 of the LDC, which generates the need for a PUD extension. The applicant is currently in the process of seeking a modification to the original Corps permit, a modification that fundamentally changes the design and function of the flowway. The Mirasol PUD sunsetted on April 24, 2006. A Preliminary Subdivision Plat (PSP- 2002 -AR -3516) has been approved and a Site Development Plan application was submitted to the County in April of 2005 (SDP- 2005 -AR- 7605) and is under review. Mirasol PUDEX- 2006 -AR -9124 Page 1 of 9 Agenda Item No. 8C May 8, 2007 Page 2 of 216 Tolling consideration: Section 10.02.13.D. of the LDC distinguishes two separate sets of criteria to evaluate whether a PUD has sunsetted. Each set of criteria is different and applicable specifically to a certain PUD depending upon the date of its approval: criteria for PUDs approved prior to October 24, 2001, and criteria for PUDs approved on or after October 24, 2001, as quoted below: 1. For PUDs approved prior to October 24, 2001 the landowner(s) shall: a. Obtain approval for improvements plans or a development order for all infrastructure improvements to include utilities, roads and similar improvements required by the approved PUD master Plan or other development orders for at least l5 percent of the gross land area of the PUD site every five years from the date of approval by the board of county commissioners; and b. Receive final local development orders for at least 15 percent of the total number of approved dwelling units in the PUD, or in the case of PUDs consisting of nonresidential uses, 30 percent of the total approved gross leasable floor area within the PUD every six years from the date of approval by the board of county commissioners. c. Any PUD approved before October 24, 2001 that receives subsequent amendment approval shall be subject to the development criteria and time limits established for those PUDs approved on or after October 24, 2001 as outlined in section 10. 02.12 of this Code. 2. For PUDs approved on or after October 24, 2001 the landowner shall: a. For residential portions of PUDs, initiate physical development of infrastructure improvements, including access roads, internal roads, sewer and water utilities and any other related infrastructure, that supports a minimum of 15 percent of the designated residential area or areas of the PUD by the third anniversary date of the PUD approval. An additional 15 percent of such infrastructure shall be completed every year thereafter until PUD buildout; and b. For the nonresidential portions of PUDs and commercial and industrial PUDs the owner entity shall initiate physical development of a minimum of 15 percent of authorized floor area when approved on the basis of a defined amount of floor space, by the third anniversary date of the PUD approval. In the event the floor area is not the defining intensity measure, then 25 percent of the land area to include some representative portion of the building space shall be constructed by the third anniversary of the PUD approval date. The same amount of development shall be required every year thereafter up to an amount representing 75 percent of authorized buildable area and floor area. Thereafter the PUD shall be exempt from these sunset provisions. c. If in the event of a moratorium or other action of government that prevents the approval of any final development order the duration of the suspension of the approval shall not be counted towards the three-year sunset provision. A PUD is considered to have sunsetted when development has not commenced to the minimum thresholds required for each set of criteria of the LDC. As stated in the referenced Section of the LDC, PUDs that were approved prior to October 24, 2001, had a time limit of five years after the date of adoption, whereas PUDs approved on or after October 24, 2001 sunset three years after the date of adoption. In this regard, the LDC has an additional provision for those PUDs with a Mirasol PUDEX- 2006 -AR -9124 Page 2 of 9 Agenda Item No. 8C May 8, 2007 Page 3 of 216 shorter time limit, or three years. Section 10.02.13.D.2.c. allows for the concept of tolling in the event of a moratorium or other action of government that impedes the approval of a development order, for only those PUDs with a three year time limit, in which case the duration of the suspension of the approval of a development order does not count towards the sunsetting determination. The applicant asserts that because their inability to obtain the USACE permit, the Mirasol PUD qualifies for tolling. The subject PUD was approved on April 24, 2001, and thus, had a five year time limit. Therefore as currently defined in the LDC, the concept of tolling was not considered to apply to PUDs approved prior to October 24, 2001. Synopsis of Approved Land Uses: The PUD document that was adopted as part of the approval for this PUD contains the list of uses approved for the project. As part of this extension request, no changes are proposed to the PUD nor are any changes proposed to the Master Plan. The PUD would retain the same approvals that were granted in 2001; any changes would require a separate amendment petition request. To the west, the property is adjacent to the Parklands PUD /DRI that was approved for 1,603 dwelling units; the Terafina PUD that was approved for 850 dwelling units and 5,000 square feet of commercial uses; and Agricultural zoned properties, some of which are vacant and other are developed with dwelling units. To the north, residential development located on Lee County property. To the east, is the Heritage Bay PUD that was approved for 3,450 dwelling units and 240,000 square feet of commercial uses. Immokalee Road is immediately to the south of the subject property and then the Richland PUD that was approved for 650 dwelling units and 231,000 square feet of commercial uses. Project history: The project proposal was to construct a residential and golf course community along with a man made flow -way conveyance feature that was required as part of the South Florida Water Management District ( SFWMD) permit. The SFWMD approved the project on February 14, 2002. The U.S. Army Corps of Engineers (USACE) had several issues with the flow -way that were not resolved and ultimately the Corps denied the combined residential and flow -way project on December 7, 2005. As a result of negotiating with the USACE, the applicant submitted a revised development proposal with the understanding that the SFWMD would be pursuing the permits for the flow -way portion of the project at a later time, once the issues with the Corps of Engineers were resolved. The SFWMD staff recommended issuance of the State permit for the development without the flow -way. On October 12, 2006, the SFWMD Governing Board voted to issue the permit. On October 20, 2006, various nongovernmental organizations filed a petition for administrative hearing, challenging the State permit. The administrative hearing is currently set for April 24 through May H, 2007. The USACE application is still under review. A series of permits have been Sled since the approval of the PUD (See attached timeline, provided by the applicant). The applicant maintains that he has received a recommendation for issuance of a revised SFWMD permit, and a favorable Governing Board vote. The SFWMD Mirasol PUDEX- 2006 -AR -9124 Page 3 of 9 Agenda Item No. 8C May 8, 2007 Page 4 of 216 permit has been challenged, and as such, is not in effect. A biological opinion has been issued by the U.S. Fish and Wildlife Service (USFWS), and which the applicant maintains it concludes that the project does not negatively impact listed species and assists in the recovery of the [endangered] American Wood Stork. A permit for the project entry bridge was issued in 2001 and has been constructed and utilities extended. The Community Development District (CDD) was approved by the Board of County Commissioners in February of 2002. A Preliminary Subdivision Plat (PSP- 2002 -AR -3516) has been approved. Three flow -way applications (AR -3318, AR -3820 & AR -3823) were submitted, reviewed and approval was pending the final USACE approval, which was not issued and therefore these applications were withdrawn until permits are obtained from USACE and SFWMD. Once permits are obtained, the applications will be required to be resubmitted for re- review and approval. An excavation permit was applied for and approved pending final permits from SFWMD and USACE and a Site Development Plan application was submitted to the County in April of 2005 (SDP- 2005 -AR -7605) and is currently under review. FISCAL IMPACT: Extension of the PUD will have no fiscal impact upon Collier County Aerial Mirasol PUDEX- 2006 -AR -9124 Page 4 of 9 Agenda Item No. 8C May 8, 2007 Page 5 of 216 GROWTH MANAGEMENT IMPACT: Future Land Use Review: A portion of the subject property (340.7 acres in Section 22) is designated Urban (Urban-Mixed Use District, Urban Residential Sub - district), the remainder of the property (1,217 acres in Sections 10 & 15) is designated Agri cultural/Rural (Rural Fringe Mixed Use District, Neutral Lands) as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the Urban Residential Sub - district allows residential development at a base density of 4 dwelling units per acre, subject to the Density Rating System provisions; and recreation and open space. The Rural Fringe Mixed Use District, Neutral Lands allows density at 1 dwelling unit per five acres. The application for the existing PUD was received and processed prior to June 22, 1999, the date of the Final Order from the Florida Administration Commission (Governor and Cabinet) that ultimately led to the creation of the Rural Fringe Mixed Use District. ANALYSIS: Exemption provisions of the FLUE and CCME: Portions (Section 10 and 15) of this petition are subject to the exemption provisions contained within CCME Policy 6.1.6 and the Rural Fringe Mixed Use District within the FLUE. This provision allows for the Master plan within Section 10 and 15 to be found consistent with the GMP. However, Section 22, which is designated Urban and is not exempted by Policy 6.1.6, must be consistent with CCME Policy 6.1.1. Relevant Portions of CCME Policy 61.6.: Exemptions fi-om the native vegetation retention requirements of CCME Policy 6.1.2 — The requirements of this Policy shall not apply to, affect or limit the continuation of existing uses. Existing uses shall include: those uses for which all required permits were issued prior to June 19, 2002; or projects for which a Conditional use or Rezone petition has been approved by the County prior to June 19, 2002; or, land use petitions for which a completed application has been submitted prior to June 19, 2002. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing uses. Hereafter, such previously approved developments shall be deemed to be consistent with the Plan's Goals, Policies and Objectives for the Rural Fringe area, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed to be consistent with the Plan's Goals, Objectives and Policies for the Rural Fringe Area as long as they do not result in an increase in development density or intensity. Environmental Review: Sections 10 and 15 may be deemed consistent with the CCME pursuant to the exemption criteria of Policy 6.1.6. Section 22, which is designated Urban and is not exempted by Policy 6.1.6, must be consistent with CCME Policy 6. 1.1 at the time of the next development order approval (Section 2.2A. of the PUD). At the time of the next development order, a comprehensive evaluation of a current Environmental Impact Statement (EIS) will need to be reviewed to determine if the preserve areas of the development order of Section 22 are consistent with the GMP. CCME Policy 6.1.1 will require that 25% of the native vegetation within Section 22 must be retained and the preserve areas within Section 22 of the PUD will need to be consistent with Policy 6.1.1. Wasol PUDEX- 2006 -AR -9124 Page 5 of 9 Agenda Item No. 8C May 8, 2007 Page 6 of 216 CCME Policy 6.1.1:... ... (])For the purpose of this policy, "native vegetation" is defined as a vegetative community having 75% or less canopy coverage of melaleuca or other invasive exotic plant species. The vegetation retention requirements specified in this policy are calculated based on the amount of "native vegetation" that conforms to this definition. (2) The preservation of native vegetation shall include canopy, under -story and ground cover emphasizing the largest contiguous area possible. (3) Areas that fulfill the native vegetation retention standards and criteria of this policy shall be set aside as preserve areas. All on -site or off -site preserve areas shall be identified as separate tracts and protected by a permanent conservation easement to prohibit . further development, consistent with the requirements of this policy. (4) Selection of preservation areas shall reflect the following criteria in descending order of priority: a. Areas known to be utilized by listed species or that serve as corridors for the movement of wildlife shall be preserved and protected in order to facilitate the movement of wildlife through the site, consistent with the requirements ofPoliey 7. 1.1 of this element. b. Onsite wetlands preserved pursuant to Policy 6.2.4 of this Element; c. Upland habitat shall be part of the preservation requirement when wetlands alone do not constitute all of the requirement. Upland habitats have the,following descending order ofpriorit} 1. Any upland habitat that serves as a buffer- to a wetland area, 2. Listed plant and animal species habitats, 3. Xeric Scrub, 4. Dune and Strand, Hardwood Hammocks, 5. Dry Prairie, Pine Flatwoods, and 6. All other upland habitats. d. Exceptions to these priorities are noted in (7) below. (5) 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. (6) A management plan shall be submitted to identify actions that must be taken to ensure that the preserved areas will function as proposed. The plan shall include methods to address control and treatment of invasive exotic species, fire management, and maintenance ofpermitted facilities. (7) Exceptions, by means of mitigation in the form of increased landscape requirements shall be granted for parcels that cannot reasonably accommodate both the preservation area and the proposed activity. Criteria,for allowing these exceptions include: (a) Where site elevations or conditions requires placement of fill thereby harming or reducing the survivability of the native vegetation in its existing locations; (b) Where the existing vegetation required by this policy is located where proposed site improvements are to be located and such improvements can not be relocated as to protect the existing native vegetation; (c) Where native preservation requirements are not accommodated, the landscape plan shall re- create a native plant community in all three strata (ground covers, shrubs and trees), utilizing larger plant materials so as to more quickly re- create the lost mature vegetation. (8) Parcels that were legally cleared of native vegetation prior to January 1989 shall be exempt from this requirement. Mirasol PUDEX - 2006 -AR -9124 Page 6 of 9 Agenda Item No. 8C May 8, 2007 Page 7 of 216 (9) Preservation areas shall be interconnected within the site and to adjoining off -site preservation areas or wildlife corridors. (10) Should the amount of wetland vegetation exceed the minimum vegetation requirements as specified herein, retention of wetland vegetation having significant habitat or hydrologic value is encouraged. Increased preservation shall be fostered through incentives including, but not limited to: clustered development, reduced development standards such as open space, setbacks, and landscape buffers, to allow for increased areas of preserved wetland vegetation. Significant habitat or hydrologic value is determined by wetland function, not the size of the wetland. Transportation Review: The Transportation Services Division has reviewed this petition and the accompanying revised Transportation Impact Statement (TIS) and has found the subject PUD to be consistent with Policies 5.1 and 5.2 of the Transportation Element of the GMP. GMP Conclusion: Based on the above analysis, the proposed PUD extension may be deemed consistent with the FLUE and Transportation Element. Sections 10 and 15 may be deemed consistent with the CCME pursuant to the exemption criteria of Policy 6.1.6, and Section 22 may be deemed consistent with the COME, as discussed above under the Environmental Review analysis. Consistency with the Collier County Land Development Code (LDC): Section 10.02.13.D. of the LDC requires the Board of County Commissioners to make formal findings to support approval of a PUD extension request. Staff offers the following findings for consideration by the Board of County Commissioners: 1. The PUD and the Master Plan are consistent with the current Growth Management Plan, including, but not limited to, density, intensity and concu rency requirements (LDC §10.02.13.D.6. b. i). No changes to the GMP have been adopted that would make the previously approved PUD inconsistent to the density and intensity requirements; therefore the PUD remains consistent with the FLUE of the GMP. All public facilities are concurrent at this time. Regarding consistency with the CCME, Sections 10 and 15 may be deemed consistent with the CCME based upon the exemption provision of CCME Policy 6.1.6; and, Section 22 may be deemed consistent with the CCME as discussed above under the Environmental Review analysis. 2. The approved development has not become incompatible with existing and proposed uses in the surrounding area as the result of development approvals issued subsequent to the original approval of the PUD zoning (LDC §10.02.13.D.6.b.ii). No changes have occurred to existing and proposed uses in the surrounding area, and the one development order approved (a preliminary subdivision plat) does not change the allowable uses or location within Mirasol PUD. Therefore, the uses approved in this PUD remain compatible with proposed uses in the area. 3. The approved development will not, by itself or in conjunction with other development, place an unreasonable burden on essential public facilities (LDC §10.02.I3.D.6.b.iii.)s. Mirasol PUDEX- 2006 -AR -9124 Page 7 of 9 Agenda Item No. 8C May 8, 2007 Page 8 of 216 The PUD document contains language that provides for public facilities internal to the site. There is adequate capacity of external public facilities (roads, potable water, sanitary sewer, etc.) to serve this development. LEGAL CONSIDERATIONS: This is a request for a two 2 -year extensions to the existing Planned Unit Development Zoning District — Mirasol PUD. The BCC hearing on the extension is quasi - judicial in nature. As such the burden falls upon the applicant to prove that the proposed extension is consistent with the applicable criteria set forth below. The burden then shifts to the BCC, should it consider voting against the extension, to show that such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposed extension does /do not meet one or more of the applicable criteria from the listed criteria below. Criteria for PUD Time Limit Extensions Approval of an Extension shall be based on the following: The PUD and the master plan are consistent with the current growth management plan including, but not limited to, density, intensity and concurrency requirements. 2. The approved development has not become incompatible with existing and proposed uses in the surrounding area as the result of development approvals issued subsequent to the original approval of the PUD zoning. 3. Approved development will not, by itself or in conjunction with other development, place an unreasonable burden on essential public facilities. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: PUD extensions are not heard by the CCPC. AFFORDABLE HOUSING IMPACT: The existing PUD does not contain any provision for affordable housing units or financial contribution for such. The applicant has not offered contribution to offset the development's impact on affordable housing; further, to include such a commitment would require a PUD amendment. Mirasol PUDEX- 2006 -AR -9124 Page 8 of 9 Agenda Item No. 8C May 8, 2007 Page 9 of 216 STAFF RECOMMENDATION: That the Board of County Commissioners (BCC) approve the proposed two 2 -year extensions of the Mirasol PUD. PREPARED BY: Carolina Valera, Principal Planner Comprehensive Planning Department Mirasol PUDEX - 2006 -AR -9124 Page 9 of 9 Page I of 1 Agenda Item No. BC May 8, 2007 Page 10 of 216 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 8C Item Summary: This Item requires that all participants be sworn in and ex pane disclosure be provided by Comini members. Petition PUDEX- 200 &AR - 9124. IMCollier Joint Venture, represented by Richard Yovanovich of Goodlette. Coleman and Johnson, P A., is requesting two 2 -year extensions of the Measol Planned Unit Development IPUD) from April 24, 2006 to April 24, 2010. The subject PUD property, consisting of 1558 acres, Is located on the north and of Immokalee Road immediately west of Collier Boulevard in Sections 10, 15, and 22, Township 48 South, and Range 26 East, in Collier County, Florida. This item Is a companion to item IDF. Meeting Date: 51812007 9'.00'.00 AM Prepared By Carolina Valero Urban Design Planner Data Community Development & Environmental Services Zoning & Land Development Review 41191200712:07:51 PM Approved By Ray Bellows Chief Planner Date Community Development & Environmental Services Zoning & Land Development Review 411612007 9:26 AM Approved By Marlene Stewart Executive Secretary Date Community Development& Community Development Environmental Services E— ommental Services Admin. 411&120074: 50 PM Approved By Judy Puig Operations Analyst Date Community Development & Community Development& Environmental Services Emshurrental Services Admin. 4118120075: 02 PM Approved By Community Development & Joseph K, Schmitt Environmental Services Adomestrator Data Community Development & Community Development as Environmental Services Environmental Services Admin. 5 12200] 1:01 PM Approved By Michael Smykowski Management& Budget Director Data County Mae.,.YS Office Office of Management & Budget 5/212007 2:41 PM Approved By James V. Mudd County Manager Data Board of County Commissioners County Managers ice 5IV20074'.25 PM Agenda Item No. 8C May 8, 2007 Page 11 of 216 RESOLUTION NO. 07— A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 10.02.12.D. OF THE COLLIER COUNTY LAND DEVLEOPMENT CODE AFFECTING ORDINANCE NUMBER 01 -20 KNOWN AS MIRASOL PUD, EXTENDING THE CURRENT PUD APPROVAL TO APRIL 24,2010; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Collier Boulevard Mixed Use Commerce Center PUD, Ordinance Number O1 -20 adopted on April 24, 2001, is subject to the provisions of Section 10.02.13.D., of the Land Development Code (LDC), Time Limits for Approved PUT) Zoning Districts, together with its respective Master Plan; and WHEREAS, the PUD was adopted consistent with and under the provisions of the Collier County Growth Management Plan; and WHEREAS, the Board of County Commissioners, has reviewed the PUD and has determined to extend the PUD zoning classification for two 2 -year periods or until April 24, 2010. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The above recitals are adopted herein by reference as if fully set forth herein. 2. This Resolution shall constitute evidence of compliance with the review requirements of Section 10.02. 13.D. of the LDC. 3. Pursuant to said Section of the LDC, the PUD approval is hereby extended to April 24, 2010 at the end of which time the owner shall submit to the procedures in LDC Section 10.02.13.D. This Resolution shall become effective immediately upon its approval. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. This Resolution adopted after motion, second and majority vote. Done this day of , 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk JAMES N. COLETTA, CHAIRMAN Approved as to form and legal sufficiency: /Marjorie M. Student - Stirling Assistant County Attorney Color Key: Black - Agencies Green - EPA Blue - Non Profit Purple - Public / County MIRASOL CHRONOLOGY UPDATED as of 2/22/2007 6/99 Mirasol PUD Application submittal to Collier County Agenda Item No. 8C May 8, 2007 Page 12 of 216 12/16/99 Meeting with ACOE in Jacksonville to discuss project and status within EIS 511100 Initial South Florida Water Management Environmental Resource Permit and Army Corps of Engineers (ACOE) Permit application submittal 10/12/00 Meeting with Skip Bergman of the ACOE regarding jurisdictional line and project parameters 10/27/00 Letter to Robert Barron (ACOE) regarding Mirasol's place in EIS 11/8/00 Meeting in West Palm Beach with Environmental Protection Agency (EPA), Veronica Fasselt and Richard Harvey 11/20/00 Site visit with Veronica Fasselt (EPA), Andy Eller (USFWS), and Jim Beever (FFWCC) 12/13/00 ACOE jurisdictional line signoff request 115101 ;Meeting with Regional Planning Council staff, Ft. Myers 1/16/01 SFWMD Big Cypress Basin ROW application for entrance bridge 1122/01 Meeting with Ed Carlson and Mike Duever of Corkscrew Swamp 1/24/01 Meeting with Nancy Peyton of the Florida Wildlife Federation (FWF) 2/14/01 Turrell meeting with L'SFWS staff in Vero Beach 3/5/01 Presentation and Q &A with Audubon Society members 3/7/01 Mirasol PUD application review at the Collier County Environmental Advisory Council 3/9/01 Information package to ACOE (flow -way and Public Notice info) 3/21/01 Public Workshop on Mirasol held at Gulf Coast high School 4/3/01 Turrell meeting with Conservancy staff to review project 4/5/01 Mirasol PUD application review at the Collier County Planning Commission - Approved 4/18/01 Meeting with Skip Bergman (ACOE) regarding project details Agenda Item No. 8C Color Key: May 8, 2007 Black- Agencies Page 13 of 216 Green - EPA Blue - Non Profit Purple - Public / County 4/24/01 Mirasol PUD application review at the Collier Board of County Commissioners Approved for 799 units, density blending, 2 golf courses and flowway 4/23/01 Official Jurisdictional Line signoff from ACOE 5/1/01 Meeting with Skip Bergman (ACOE) regarding project details 5/16/01 Meeting with Skip Bergman (ACOE) regarding project details 5/25/01 ACOE Public Notice of Mirasol Permit 6/1/01 Collier County Right -of Way Permit for Entry Bridge 6/7/01 Meeting with Christine Hahn of Congressman Goss' office regarding project delays 6/22/01 James Slack (USFWS) letter to Col. James May (ALOE) regarding USFWS review of project plans 1/16/01 SFWMD Big Cypress Basin ROyi permit issued for entrance bridge 7/19/01 Verbal request to USFWS for technical assistance, refused by USFWS 7/23/01 Written request to USFWS for technical assistance 8/20/01 Meeting with 1(im Dryden of USFWS for RCW technical assistance 8/29/01 Public notice comments from ACOE 10/12/01 Applicant response to public notice comments, copy sent to USFWS and EPA 11/9/01 Letter to Andy Eller (USFWS) requesting Section 7 consultation 11/15/01 Phone call from Andy Eller(USFWS) refusing to meet until ACOE letter issued 11/21/01 Community Development District (CDD) application submittal to Collier County 12/18/01 Entrance Bridge construction completion 1/11/02 Florida Fish and Wildlife Conservation Commission (FFWCC) sign -off to SFWMD requiring a wildlife management plan 1/14/02 Biological opinion from Turrell and Associates to ACOE and USFWS 2/6/02 Meeting with USFWS: Andy Eller at Naples office 2/14/02 SFWMD Environmental Resource Permit approved 2/26/02 Community Development District (CDD) approval at Collier County Board of Commissioners Agenda Item No. 8C May 8, 2007 Color Key: Page 14 of 216 Black— Agencies Green - EPA Blue —Non Profit Purple - Public / County 3/11/02 Letter from John Hall (ALOE) to James Slack (USFWS) requesting concurrence with wildlife determinations 4/12/02 Agnoli Barber & Brundage letter to EPA with supporting worksheet documents 4/16/02 On -site meeting with USFWS 4/26/02 Submittal to Andy Eller (USFWS) with requested background info 4/29/02 E -mail response from Bruce Baler (EPA) re: 4/12 documents provided by project engineer ABB 4/30/02 E -mail to Andy Eller (USFWS) re: non - concurrence with ACOE wildlife determinations 5/3/02 Mirasol Flowway Site Development Plan AR #3318 — Pre Application meeting with Collier County staff 5/6/02 E -mail response from Agnoli, Barber and Brundage to Bruce Boler (EPA) re: 4/29 e -mail 5/13/02 E -mail response from Bruce Biller (EPA) to Agnoli, Barber and Brundage re: 5/6 e- mail 5/21/02 Memo from Steve Lewis (Lewis, Longman and Walker /LLW) to Linda Ferrell (USFWS) regarding initiation of consultation 5/24/02 E -mail response (with attachments) from Agnoli, Barber and Brundage to Bruce Boler (EPA) re: 5/13 e-mail 5/31/02 Turrell and Associates request for mitigation, monitoring and maintenance schedule modification due to delay in ACOE permitting 6/1/02 Phone conversation with Andy Eller (USFWS) regarding potential outstanding issues 6/6/02 E -mail response from Bruce Boler (EPA) to Agnoli, Barber and Brundage re: 5/24 e -mail 6/6/02 Fax: Tim Hall (Turrell & Associates) to Andy Eller (USFWS) — groundwater study report 6/11/02 E-mail: Andy Eller (USFWS) to Joss DeLestang (ABB), cc Rick Barber (ABB) and Tim Hall (Turrell), regarding future site visit 6/13/02 E -mail: Fred James (USFWS hydrologist) to Andy Eller (cc Rick Barber, Joss DeLestang, and Tim Hall) regarding questions for the upcoming 6/25 meeting on- - site 6/13/02 Letter from Congressman Porter Goss to Todd Turrell regarding request for assistance with USFWS coordination Agenda Item No. 8C May 8, 2007 Color Km Page 15 of 216 Black- Agencies Green - EPA Blue- Non Profit Purple - Public / County 6/18/02 Agnoli, Barber and Brundage letter to EPA with supporting worksheet documents (latest version of BOD water quality analysis) 6/25/02 Tim Hall, Joss DeLestang, Rick Barber meeting with Andy Eller and Fred James of USFWS, in Vero 6/26/02 E -mail response from EPA to Agnoli, Barber and Brundage re: 6/6 letter 7/1/02 Letter from Tim Hall (Turrell & Associates) to Andy Eller confirming USFWS questions raised at 6/25 meeting 7/08/02 SFWMD Modification to monitoring schedule due to ACOE permitting delays 7/18/02 Letter from Tim Hall (Turrell & Associates) to Andy Eller (USFWS) answering questions raised at 6/25 meeting, confirm future meeting on -site 7/23 7/22 &23/02 E -mail correspondence from Tim Hall (Turrell & Associates) to Andy Eller (USFWS) attempting to confirm USFWS current position regarding endangered species 7/25/02 Fax: Tim Hall (Turrell & Associates) to Andy Eller (USFWS) — habitat evaluation hydrological parameters 7/30/02 Meeting on -site with Andy Eller, Todd Turrell, Rick Barber, and Fred James (follow -up meeting scheduled for 8/13 with USFWS in Vero) 8/1/02 Letter to Andy Eller from Todd Turrell confirming resolved and remaining concerns of USFWS (cc Skip Bergmann, ACOE) 8/5/02 E -mail from Andy Eller to Tim Hall regarding questions remaining for USFWS 8/8/02 Turrell and Associates receives letter sent by USFWS to ACOE dated 7/11 8/9/02 USFWS cancels meeting scheduled for 8/13 8/9/02 Joint letter from EPA and USFWS expressing mutual concerns regarding the project 8/9/02 ABB letter to EPA re: 6/26 e-mail 8/12/02 Letter from USFWS to ACOE summarizing the USFWS remaining concerns 9/10/02 E -mail from Skip Bergmann to Tim Hall regarding potential unanswered USFWS issues 9/12/02 E -mail from Skip Bergmann to Andy Eller regarding any additional information to be sent to USFWS 9/17/02 Preliminary Subdivision Plat Phase I — AR #3516 — Pre Application meeting with Collier Countv staff Color Km Black - Agencies Green - EPA Blue - Non Prorit Purple - Public / County 9/19/02 9/24/02 10/4/02 10/7/02 10/7/02 10/9/02 10 /10 /02 10/22/02 10/22/02 10/31/02 11/5/01 11/5/02 11/7/02 11/14/02 11/18/02 12/6/02 12/13/02 12/13/02 12/16/02 Agenda Item No. 8C May 8, 2007 Page 16 of 216 Letter to Skip Bergman from Lewis, Longman and Walker (LLW) regarding USFWS requested materials Meeting with ACOE, USFWS, EPA, SFWMD and project consultants / representatives Letter to Colonel May from LLW regarding USFWS and EPA issues with Mirasol Meeting at ACOE with Skip Bergman, Todd Turrell, and Tim Hall; presented a draft USFWS letter Sent ACOE a response to questions from the 9/24 meeting Letter to Congressman Bill Nelson regarding USFWS response time for Mirasol E -mail from ABB to EPA re: revised supporting worksheets Phone call from Tim Hall to Skip Bergman; regarding USFWS submittal; submittal has not yet been forwarded Turrell & Associates sends USFWS submittal previously sent to ACOE directly to USFWS (Corkscrew Swamp surface water stages) Draft letter of concurrence for USFWS sent to Skip Bergman Letter to Skip Bergman (ACOE) inquiring about the status of several pending permits, including Mirasol. Phone call from Todd Turrell to Skip Bergman Phone call from Todd Turrell to Skip Bergman Letter to ACOE from South Florida Water Management District rebutting the questions from USFWS and EPA regarding the District's conclusions. Meeting at EPA Ft. Myers, attendees: Bruce Boler (USFWS), Joss DeLestang (ABB), Rick Barber (ABB) annual analysis overview Andy Eller request via phone to obtain the Pine Forest study done by Tim Hall. Study sent same day. Letter from John Hall (ACOE) to James Slack (USFWS) requesting a date for the Biological Opinion (BO), and confirmation of status of consultation on Wood stork and panther. Meeting with Conservancy of Southwest Florida staff on -site Coordination meeting with USFWS and Senator Nelson's staff at the Senator's Orlando office Agenda Item No. 8C May 8, 2007 Color Key Page 17 of 216 Black - Agencies Green- BPA Blue- Non Profit Purple- Public / County 12/17/02 Meeting at EPA Ft. Myers, attendees: Bruce Boler (USFWS), Joss DeLestang (ABB), Rick Barber (ABB) preview annual analysis 12/17/02 Preliminary Subdivision Plat Phase I — AR #3516 — Submitted to Collier County 12/19/02 Meeting with Conservancy of Southwest Florida staff 1/7/03 ABB submittal to EPA, USACOE: annual ROD analysis, supporting worksheets 1/08/03 SFWMD Modification to monitoring schedule 1/9/03 On -site meeting with Dave Ceiley (Conservancy of Southwest Florida) to discuss project impacts 1/17/03 Andy Eller (USFWS) requests spot elevations in a digital format 1/22/03 Letter from Linda Ferrell (USFWS) to John Hall setting a date for the BO as 2/21/03, confirming initiation of consultation on the panther, and expressing non - concurrence with stork determination. 2/7/03 ABB revised annual ROD analysis, supporting worksheets, sent to Richard Harvey (EPA), Bruce Boler (USFWS), and Skip Bergmann (ACOE) 2/14/03 Draft Biological Opinion submitted from USFWS 2/19/03 Letter from Turrell and Associates to ACOE in response to draft Biological Opinion 2/21/03 Final Biological Opinion submitted to ACOE 2/27/03 Mirasol Flowway Site Development Plan AR #3318 — Submitted to Collier County 2/28/03 Preliminary Subdivision Plat Phase I — AR #3516 — County comments received 3/4/03 Meeting at ACOE Ft. Myers: consultants, ACOE and EPA to discuss hydrology, mitigation, water quality 3/5103 E -mail from EPA to ACOE (Bergmann) re: outstanding issues 4/8/03 Meeting with Tim Hall and Ed Carlson (Corkscrew Sanctuary) to discuss Wood stork and hydrologic monitoring 4/16/03 SFWMD Modification to monitoring schedule 4/16/03 USFWS letter to ACOE, withdrawal of IV(3)(d) — will not request a higher level of review 4/21/03 Meeting: project consultants and CREW to discuss shifting control of mitigation land to CREW 4/28/03 Letter from Tim Hall to Allen Webb (USFWS) regarding clarification of flow -way calculations Agenda Item No. 8C May 8, 2007 Color Rev: Page 18 of 216 Black — Agencies Green — EPA Blue — Non Profit Purple— Public /County 4/30/03 Mirasol Flowway Site Development Plan AR #3318 — County comments received 5/8/03 4/28 letter returned undeliverable — resent via Fed -Ex overnight. 5/9/03 Information sent to USFWS from Tim Hall re: hydrologic and wood stork monitoring plan 5/12/03 On -site meeting with CREW for overview of existing conditions of mitigation area 5/22/03 E -mail from Tim Hall to Allen Webb (USFWS) regarding lack of response to flow - way clarification and monitoring proposal 6/12/03 Project team meeting with EPA to discuss outstanding issues 6/13/03 Re -sent draft Wood stork plan to USFWS 6/30/03 Project team meeting with ACOE at ABB re: South Lee County watershed and Mirasol Flow -way and project team meeting with ACOE and EPA on- site 7/11/03 Submittal to EPA from Lewis Longman & Walker re: Mirasol history 7/25/03 Draft Wood stork monitoring plan to Corkscrew Sanctuary for comment 7/28/03 Mirasol Flowway Site Development Plan AR #3318 — Resubmitted to County 7/30/03 Meeting at ACOE in Jacksonville with project consultants and John Hall, John Studt and Ron Silver of the ACOE 8/25/03 Mirasol Flowway Site Development Plan AR#3318 — County comments received 8/26/03 Letter to ACOE re: lack of comments from USFWS re: wood stork plan 8/27/03 FAX from Audubon /Corkscrew Sanctuary to Tim Hall Re: Wood stork plan comments 8/29/03 E -mail from USFWS to Tim Hall Re: Wood stork plan 9/11/03 Submittal from ABB to ACOE re: additional information requested at meeting 9/16/03 On -site meeting /tour with Haynes Johnson and others from EPA 9/18/03 Submittal from Turrell to EPA re: requested aerial exhibit — 10/22/03 Meeting between project engineers (ABB) and Graham Story of ACOE 10/23/03 ABB submittal to ACOE (Story) regarding requested materials from 10/22 meeting (overall summary, additional flow -way documentation, and Color Kew Black- Agencies Green - EPA Blue - Non Profit Purple - Public County 10/23/03 11/17/03 11/18/03 11/19/03 11/20/03 11/26/03 1/5/04 1/9/04 1/16/04 1/26/04 2/04 2/5/04 2/6/04 2/12/04 2/13/04 2/18/04 3/8/04 3/30/04 4/20/04 5/11/04 5/12/04 5/18/04 6/11/04 Agenda Item No. SC May 8, 2007 Page 19 of 216 design outline) Meeting between Todd Turrell and Bob Baron of ACOE in Jacksonville Public info meeting at Corkscrew Sanctuary with Tim Hall Preliminary Subdivision Plat Phase I — AR #3516 — Resubmitted to County SFWMD Modification to monitoring schedule Public info meeting at Watershed Council with Tim Hall Response letters from Tim Hall to National Wildlife Federation, Conservancy of Southwest Florida, and EPA Re: project comments. ACOE Request for Additional Information Preliminary Subdivision Plat Phase I — AR #3516— County comments received Response to ACOE Request for Additional Information Collier CountN Excavation Permit— Submitted Collier County Excavation Permit — comments received from staff Letter from ACOE to Steve Walker (LLW) re: additional concerns E -mail from ACOE re: clarification of additional information requested ACOE RAI Letter from Steve Walker to ACOE re: status of project and resolving remaining issues E -mail from ACOE re: additional lands in section 11 Additional ACOE comments Response to ACOE Request for Additional Information Collier County Excavation Permit — Resubmitted to County addressing staff comments Revisions to FLUCCS and WRAP for ACOE based on 3/30/04 site visit Collier County Excavation Permit— Review at the Board of Commissioners CREW letter re: donation of land and funds Revised Request for Additional Information response to ACOE Mirasol Flmvway Site Development Plan AR #3318 — Resubmitted to County addressing staff comments Agenda Item No. 8C May 8, 2007 Color Rev: Page 20 of 216 Black - Agencies Green - EPA Blue -Non Profit Purple - Public / County 6/23/04 Collier County Excavation Permit— additional County comments received 7/1/04 E -mail from ACOE to EPA re: removal of EPA objection to Olde Cypress modification 7/19/04 Flow -way revisions for ACOE 7/23/04 Draft of Special Conditions from ACOE 7/26/04 Copy of draft permit from Turrell to EPA 7/28/04 Mirasol Flom way Site Development Plan AR #3318 — additional County comments received 7/29/04 E -mail from EPA to Turrell and ACOE re: comments on 7/23 package (special conditions) 8/20/04 Collier County Excavation Permit - Resubmitted to County addressing staff comments 8/31/04 Copies of SFWMD and EPA water quality permits to ACOE 9/7/04 ACOE Request for Additional Information 9/8/04 Collier County Excavation Permit — additional County comments received 9/10/04 E -mail to ACOE re: 7/29 and 8/12 e- mailed comments from EPA (Haynes) 9/15/04 ALOE requests re- initiation of USFWS consultation 9/23/04 National Wildlife Federation (NWF) and Conservancy Letter NWF, FWF, Florida Panther Society letter 9/30/04 Response to ACOE Request for Additional Information 10/04 NWF comments 10/25/04 Letter to USFWS re: information for re- initiation of consultation 10/25/04 USFWS Baseline Environmental Information 10/28/04 NWF, FWF, Conservancy, Audubon of FL letter to EPA 10/29/04 Lewis, Longman, and Walker letter re: 9/23104 comments 11/1/04 Collier County Excavation Permit - Resubmitted to County addressing staff comments 11/3/04 NWF, FWF, Conservancy, Audubon of FL, Collier County Audubon letter to EPA Agenda Item No. 8C May 8, 2007 Color Km Page 21 of 216 Black- Agencies Green - EPA Blue - Non Profit Purple - Public I County 11/9/04 Revision to SFWMD monitoring schedule 12/2/04 USFWS Baseline Environmental Information 12/9/04 Revisions to ACOE permit attachments 12/29/04 Copy of archaeological assessment and historical resources letter to ACOE 1/11/05 Copy of seagrass plan to ACOE 1/13/05 Collier Comity Excavation Permit — additional County comments received 1/18/05 Bonita Springs Utilities Biological Opinion 2/1/05 Collier County Excavation Permit - Resubmitted to Comity addressing staff comments 2/10/05 E -mail from USFWS re: additional information 2/11/05 USFWS exhibits 2/15/05 Package to USFWS re: information requested 2/22/05 Nlirasol Flowway Site Development Plan AR #3318 — Resubmitted to County addressing staff comments 2/24/05 EPA comments re: Special Conditions 3/7/05 National Wildlife Federation comment letter to USFWS and ACOE 3 /8/05 Nlirasol Flowway Site Development Plan AR #3318 — additional County comments received 3/11/05 USFWS Revised Biological Opinion 3/23/05 Site Development Plan Phase 1 799 units AR #7623 — Pre Application meeting with Collier County staff 4/19/05 Site Development Plan Phase 1 799 units AR #7623 — submitted to Collier County 4/20/05 Audubon of FL and Collier County letter to ACOE and EPA 5/05 USFWS miscellaneous information 5/05 NWF and Audubon comment letters 5/6/05 Preliminary Subdivision Plat Phase I — AR #3516 Resubmitted to county 5/10/05 NWF, and Florida Panther Society letter to USFWS and ACOE Agenda Item No. 8C May 8, 2007 Color Key Page 22 of 216 Black - Agencies Green- EPA Blue - Nov Profit Purple - Public /County 5/13/05 Florida Wildlife Federation (FWF) letter to ACOE 5/19/05 Preliminary Subdivision Plat Phase I — AR #3516 — Approved with conditions 5/23/05 NWF, FWF, Conservancy of SWFL, Audubon of FL, Collier County Audubon letter to EPA and ACOE 6/9/05 Memo to Everglades Advisory Council West Coast Task Team from Everglades Foundation re: review of Mirasol project hydrologic modeling. 6/23/05 Site Development Plan Phase 1 799 units AR #7623 — received comments from County staff 8105 ACOE Request for Additional Information (from August meeting) 8/3/05 E -mail from EPA re: comments 8/17/05 Mirasol Fiow -way Wetlands Hydrological Analysis to ACOE 8/18/05 Response to ACOE Request for Additional Information 8/18/05 Copy of cell -by -cell analysis to EPA 8/29/05 Copy of South Golden Gate Estates information to ACOE for reference 9/1/05 Letter to ACOE re: FWF letter dated 5/13/05 912/05 Letter to EPA from ACOE providing a final opportunity to provide comments. 9/9/05 Letter to EPA sending CD of GPS information spreadsheets 9/15/05 Letter to LL &W from EPA — saving they are currently working on review 9/20/05 Email from EPA to Lieberman re: presentation of historical and ongoing work. 9/27/05 Collier County Excavation Permit - Review at the Board of County Commissioners (requested by Brad Cornell) 10/5/05 Email from EPA to ACOE re: GPS information 10/5/05 Email to ACOE re: above 10/6/05 Email from EPA —GPS information 10/6/05 Email to EPA— GPS information 10/13/05 Letter from City of Bonita Springs to ABB — East Bonita watershed and the Conservancy handout from the 1015 meeting. 10/13/05 Documents to EPA — exhibits dealing with wrap analysis Agenda Item No. 8C May 8, 2007 Color Kew Page 23 of 216 Black — Agencies Green — EPA Blue — Non Pmlil Pumle — Public / County 10/17/05 Letter to ACOE — exhibits dealing with wrap analysis for Mirasol 11/7/05 SFWMD Monitoring Schedule Revision 11/9/05 Mirasol Flowway Site Development Plan AR #3318 — Resubmitted to the County addressing staff comments 11/9/05 Pre - Application meeting for PUD extension 11/15/05 Collier County Excavation Permit— Review at the Board of Commissioners 11/16/05 Mirasol Flow" ay Site Development Plan AR #3318 — County comments received 12/7/05 ACOE Permit Denial 1/26/06 PUD extension application submittal to Collier County 2/6/06 Applicant's request for Appeal (RFA) to ACOE Permit Denial 3,13/06 PUD Extension application - Received comments from County staff 3/8/06 Supplement to Request for Appeal to ACOE Permit Denial 3/8/06 Final Plat— Pre Application meeting tivith Collier County staff 3/13/06 SFWMD Big Cypress Basin ROW Permit Extension Submitted #12226 3/14/06 SFWMD Big Cypress Basin ROW Permit Extension granted #12226 3/31/06 PUD Extension application - Resubmitted to County addressing staff comments 4/24/06 PUD Extension application - Received comments from County staff 4/24/06 Letter to Goodlette, Coleman et al from Collier County re: Mirasol PUD extension. 5/05/06 ACOE resubmittal 5/8/06 Letter to ACOE from LLW re: permit application for project 5/12/06 SFWMD Permit Modification Application 5/23/06 SFWMD resubmittal 6/21/06 SFWMD — Request for additional information 6/21/06 Letter from Audubon to SFWMD re: Parklands- Collier/Ronto ERP modifications application. 6/21/06 Letter to ACOE from LLW re: withdrawal of request for appeal. 7/14/06 Response to 6/21/06 Request for additional information from SFWMD Color Km Black - Agencies Green - EPA Blue - Non Prof l Purple- Public! County 7/14/06 7/21/06 8/8/06 8/8/06 Agenda Item No. 8C May 8, 2007 Page 24 of 216 SFWMD - Request for additional information Letter to USFWS from ACOE PUD Extension application - Resubmitted to County addressing staff comments Letter to SFWMD from Audubon 8/9/06 ACOE Public Notice without flow way in this phase of development 8/11/06 SFWMD — Request for additional information 8/16/06 Letter to ACOE re: adjacent property information and property aerials. 8/17/06 Letter from ABB to SFWMD re: revised information and Request for additional information response. 8/21/06 Email from SFWMD re: clarification of items. 8/23/06 Letter from SFWMD to Clausen re: Notification of Complete Application. 8/24/06 Email from SFWMD re: summary of discussion re: staff report 8/25/06 Response to 8/21/06 email from SFWMD 8/25/06 Fax from Rick Barber re: copy of Staff Report 8/28/06 SFWM Dewatering Permit submitted by Missimer 8/29/06 Letter to SFWMD re: revised staff report and copy of draft deed of Conservation Easement. 8/30/06 ROW Permit for canal improvements submitted to Big Cypress not approved yet — waiting for Maintenance Agreement from attorney. 9/5/06 Letter to SFWMD re: copy of draft easements and monitoring map 9/14/06 Letter from NWF to USF &WS re: panther take 9/22/06 Response to ALOE Public Notice - Audubon Response to ACOE Public Notice - EPA 9/26/06 Letter to SFWMD from Panther Island Mitigation Bank re: credits 9/26/06 Letter to SFWMD re: bank credit determination 9/28/06 SFWMD Staff Report 9/28/06 SFWMD Water Use Permit, Application 060831 -14 review receipt Color Ke¢ Black- Agencies Green - FPA Blue - Non Prota Purple - Public,' County 10/12/06 10/23/06 10/24/06 11/25/06 12/14/06 12/21/06 01/08/07 Agenda Item No. 8C May 8, 2007 Page 25 of 216 SFWMD Permit Modification Email from ACOE re: site visit Letter to ACOE re: copy of SFWMD permit and staff report Mirasol Flowway Site Development Plan AR #3318 — SDP cancelled by County Letter to ACOE re: supplement to 6/20/06 Application Site Development Plan Phase 1 799 units AR #7623 - resubmitted Response to ACOE Request for Additional Information dated 1/04/2007. TERAFINA FLOWWAY SDP AR #3823 5/3/02 Pre App meeting 2/28/03 Submitted 4/30/03 County comments received 7/28/03 Resubmitted 8/25/03 County comments received 6/11/04 Resubmitted 7/28/04 County comments received 8/20/04 Resubmitted 2/1/05 County continents received 4/7/05 Resubmitted 5/23/05 County comments received 12/13/05 Resubmitted 1/20/06 County comments received 11/25/06 SDP cancelled by County OLDE CYPRESS FLOWWAY SDP AR#3820 5/3102 Pre App meeting 2/28/03 Submitted 4/30/03 County comments received 7/28/03 Resubmitted 8/25/03 County comments received 6/11/04 Resubmitted 7/28/04 County comments received 8/20/04 Resubmitted 2/1/05 County comments received 4/7/05 Resubmitted 5/23/05 County comments received 12/13/05 Resubmitted 1/20/06 County comments received 11/25/06 SDP cancelled by County ✓/ Agenda Item No. 8C May 8, 2007 Page 26 of 216 ORDINANCENO.01- 20 AN ORDINANCE AMENDING ORDINANCE NUMBER 91.102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 869TO16 AND 862122; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL WITH "S1"' OVERLAYS TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS MIRASOL PUD FOR A MIXED RESIDENTIAL DEVELOPMENT AND TWO 18 HOLE GOLF COURSES, CONSISTING OF NOT MORE THAN 799 DWELLING UNITS ON PROPERTY LOCATED NORTH OF IMMOKALER ROAD (C.R. 846) AND WEST OF A NORTHERLY EXTENSION OF C.R. 951 IN SECTIONS 10, 15 AND 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1,558f ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Karen K. Bishop, of PMS, Inc, of Naples, representing T.O.S.. Development, L.L.C., petitioned the Board of County Commissioners to change the zoning clessificatlon of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The zoning ciawification of tie herein described real property located in Sections 10, 15 and 22, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agmenllural with "ST" overlays to "PUD" Planned Unit Development in accordance with the Mimscl PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Maps numbered 869TOI6 and 862122, as described in Ordinance Number 91 -102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO; Ao �, This Ordinance shall become effective upon filing with the Department of State. r'r-I r--n nb PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier Cuuptty�plot%, this l LS6dk day of 12001. nr'^i J,. BOARD OF COUNTY COMMISSIONERS6w 8 COLLIER COUNTY, FLORIDA �o—I '5r'n ATTEST: j fame D. Cart h.D., Chnimrnn slgnature only. Appmved as to Form and Legal Sufficiency 1rw ML�orM. tu. lXli /1 fi Assistant County Attorney PU0.99 -10 ORDINANCEIRMw -1- This ordinance filed with the Secretary of State's Office tth�e 1 'I�doy of ----l- and ochnovded-,cmont of that filing reccived'this A=&Clay zeo If annury cork Agenda Item No. 8C May 8, 2007 Page 27 of 216 IUl A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING MIRASOL A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: Mirasol Development, L.L.C. 6025 Carlton Lakes Boulevard Naples, FL 34110 PMS, Inc. of Naples 2335 Tamiami Trail North Suite 408 Naples, FL. 34103 Exi+►a-cr A DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER —20 AMENDMENTS AND REPEAL DOCUMENT DATE 4/23/01 INDEX PAGE List of Exhibits and Tables Statement of Compliance SECTION I Property Ownership, Legal General Description and Short Title 1 -1 SECTION II Project Development 2 -1 SECTION III Residential Development Areas 3 -1 SECTION IV Golf Course /Open Space 4 -1 SECTION V Preserve District 5 -1 SECTION VI General Development Commitments 6 -1 Agenda Item No. 8C May 8, 2007 Page 28 of 216 Agenda Item No. 8C May 8, 2007 Page 29 of 216 LIST OF EXHIBITS AND TABLES EXHIBIT "A" Planned Unit Development Master Plan EXHIBIT `B" Legal Descriptions EXHIBIT "C" FIow -Way Agreement TABLE I Land Use Summary TABLE II Development Standards Agenda Item No. 8C May 8, 2007 Page 30 of 216 STATEMENT OF COMPLIANCE The development consists of 1558 + /- acres of property in Collier County as a Planned Unit Development to be known as the Mirasol PUD which will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Collier County Growth Management Plan. The Mirasol PUD is a single and multi- family residential community with associated recreational uses and will be consistent with the applicable elements of the Collier Growth Management Plan for the following reasons: 1. The total acreage of the Mirasol PUD is 1558 +/- acres. The maximum number of dwelling units to be built on the total acreage is 799. The number of dwelling units per gross acre is approximately 0.51 units. The density on individual parcels of land throughout the Project may vary according to the type of housing placed on each parcel of land. The projected density of 0.51 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management PIan which allows 4.0 units per acre as a base density on the project lands located within the Urban, Urban-Mixed Use District, Urban Residential Subdistrict, Section 22, Township 48S, Range 26E consisting of 340.7 acres thus yielding 1362.8 units. The lands within Section 15, Township 48S, Range 26E and Section 10, Township 48S, Range 26E are outside the urban boundary, designated as Agriculture/Rural, Agriculture/Rural - Mixed Use District on the Future Land Use Map with density assigned as 1 unit per 5 acres. These 1217 acres would yield 243.5 units. The Master Plan has been arranged to utilize clustering of development tracts to provide for significant land conservation as well as the construction of a regional flowway. (See also Section 3.3 of this Ordinance) 2. The subject property is located outside and within the Urban Mixed Use District, Urban Residential Subdistrict, Land Use Designation as identified on the Future Land Use Map, 3. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. 4. The Project development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 5. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code (LDC) as set forth in Objective 3 of the Future Land Use Element. 6. The project development will result in an efficient and economical allocation of community facilities and services as required in Policy 3.I.G of the Future Land Use Element. 7. The public /private partnership for the proposed flowway creation will be consisted with Policy 1.4.2 of the Drainage Sub - Element of the Public Facilities Element by correcting existing deficiencies by utilizing innovative funding sources. The Project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas through creation of a regional flowway as described in Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. 8. All final local development orders for this Project are subject to Division 3.15, Adequate Public Facilities, of the Collier County LDC. iii SECTION I PROPERTY OWNERSHIP & GENERAL DESCRIPTION 1.1 PURPOSE Agenda Item No. 8C May 8, 2007 Page 31 of 216 The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Mirasol PUD. 1.2 LEGAL DESCRIPTION See Exhibit B 1.3 PROPERTY OWNERSHIP The subject property is owned by Mirasol Development, L.L.C. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The Project site is located to the north side of Immokalee Road; bordered on the east by Broken Back Road, future 951; the Collier / Lee County line is the north property line; a portion of the western property borders along agricultural zoning (proposed Terafina PUD) and the Parklands DRI; on the south side of Immokalee Road is Pebblebrooke Lakes and Laurel Lakes. B. The zoning classification of the Project prior to approval of this PUD document was "Agricultural ", 1.5 PHYSICAL DESCRIPTION A. The Project lies within South Florida Water Management District No. 7. B. Water management facilities for the Project will be designed and constructed to serve 1558+/ - acres of residentially zoned lands discharging via the Immokalee Road Canal. C. Elevations within the site vicinity are flat. The elevation of the subject site is approximately thirteen and 1/2• feet (13.5') above mean sea level. The entirety of the site lies within Flood Zone "X" according to Firm Map #120067 0215 D, map revised June 3, 1986. D. Surfrcial sediments on, and in the vicinity of the Project are primarily fine quartz sands, and organic loams over shallow limestone bedrock. Specific soil types found on the Project include: Malabar fine sand, Basinger fine sand and Boca fine sand, Holopaw fine sand, Oldsmar fine sand, Pineda find sand, limestone substratum, Boca, Riviera, Limestone substratum, and Copeland find sand, depressional. 1.1 Agenda Item No. 8C May 8, 2007 Page 32 of 216 1.6 PROJECT DESCRIPTION The Mirasol PUD is a residential single family and multi - family golf course community with a maximum of 799 dwelling units. Recreational facilities may be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, appropriate screeningibuffering, and native vegetation, whenever feasible. Unlike most other residential communities the Mirasol Project has entered in a public / private partnership committed to being part of the solution for flooding issues plaguing parts of South Lee and Northeast Collier Counties, a drainage basin of 300 square miles. The regional benefit to this flood control will include improvements to vegetation and wildlife habitat both on -site and upstream. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "MIRASOL PLANNED UNIT DEVELOPMENT ORDINANCE ". 1.2 SECTION 11 PROJECT DEVELOPMENT 2.1 PURPOSE Agenda Item No. 8C May 8, 2007 Page 33 of 216 The purpose of this Section is to generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the Project, as well as other project relationships. 2.2 GENERAL A. Development of the Mirasol PUD shall be in accordance with the contents of the Planned Unit Development document and applicable sections of the Collier County LDC and Growth Management Plan in effect at the time of issuance of any development order, such as but not limited to final subdivision plat, final site development plan, excavation permit, and Preliminary Work Authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County LDC shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County LDC in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Mirasol PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless modified, waived or excepted by this PUD, the provisions of the LDC, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development permitted by the approval of this petition will be subject to concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this Development. F. Significant modification to the design, size or location of the flow -way and/or significant Schanges to the Flow -way Agreement (Exhibit C of the Ordinance) as a result of, but not limited to, permitting or action taken by the parties to the agreement, shall constitute a substantial Change to the PUD and shall require a re- hearing consistent with the provisions of Section 2.7.3.5.5. of the Land Development Code. } 2.1 Agenda Item No. 8C May 8, 2007 Page 34 of 216 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated by Exhibit "A", the PUD Master Plan. The nature and extent of land uses within the Project are indicated on Table I. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be determined at the time of detailed site development planning or platting. B. The final size of the recreation and open space lands will depend on the actual requirements for water management, roadway pattern, and dwelling unit size and configuration. MIRASOL LAND USE SUMMARY TABLE I MAXIMUM LAND USE INTENSITY SUMMARY USE MAX. D.U.'s ACRES Total Project 799 1558 +/- Min. Open Space @ 60% N/A 935+/- (Lakes, Preserves, Landscape Buffers, Golf Courses, Open Areas & Recreational Areas) 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a record plat, and/or condominium plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. B. Exhibit "A ", the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a preliminary subdivision plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County LDC, and the platting laws of the State of Florida. 2.2 Agenda Item No. 8C May 8, 2007 Page 35 of 216 C. The provisions of Division 3.3 of the Collier County LDC, when applicable, shall apply to the development of all platted tracts or parcels of land as provided in said Division prior to the issuance of a.building permit or other development order. D. The developer of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a preliminary subdivision plat in conformance with requirements of Division 3.2 of the Collier County LDC prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. E. Utility, road, public and private easements shall be established as required during the SDP and/or plat approval process. F. Appropriate instruments will be provided at the time of infrastructure improvements regarding dedications and the method for providing perpetual maintenance of common facilities. 2.5 MODEL HOMES / SALES OFFICES Model homes, sales centers and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout the Mirasol PUD subject to the requirements of Section 2.6.33.4 of the Collier County LDC. 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County LDC, Section 2.7.3.5. 2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Common area maintenance will be provided by the master property owners' association. The association is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of County development approval. For those areas not maintained by the master association, the Developer will create a property owners' association(s), or condominium association(s), whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The master 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 reserves serving the Mirasoi PUD, together with any applicable permits from the Florida Department of Environmental Protection, U.S. Army Corps of Engineers, and South.Florida Water Management District. 2.3 Agenda Item No. 8C May 8, 2007 Page 36 of 216 2.8 DESIGN GUIDELINES AND STANDARDS The Collier County planned unit development districts are intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the Collier County LDC, Section 2.2.20.1. The applicant has not set "stages" for the development of the property. Since the property is to be developed over an estimated ten -(10) year time period, any projection of project development can be no more that an estimate based on current marketing knowledge. The estimate may change depending upon future economic factors. 2.9 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Mirasol PUD except in the Preserve District. General permitted uses are those uses which generally serve the Developer and residents of the Mirasol PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: Essential services as set forth under the Collier County LAC, Section 2.6.9.1. 2. Water management facilities and related structures. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 4. Guardhouses, gatehouses, and access control structures. 5. Community and neighborhood parks, recreational facilities, community centers. Temporary construction, sales, and administrative offices for the Developer, builders, and their authorized contractors and consultants, including necessary access ways, parking areas and related uses in accordance with the Collier County LDC in effect at the time permits are requested unless otherwise specified herein. 7. Landscape features including, but not limited to, landscape buffers, berms, fences and walls shall be in accordance with the Collier County LDC in effect at the time permits are `requested unless otherwise specified herein. 8. Any other use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible. 2.4 Agenda Item No. 8C May 8, 2007 Page 37 of 216 B. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road - Fifteen feet (15'). Guardhouses, gatehouses, and access control structures shall have no required setback, however such structures shall be located such that they do not cause vehicular stacking onto the Immokalee Road right -of -way. 2. Setback from exterior property lines - one half (1/2) the height of the structure. 3. Minimum distance between structures which are part of an architecturally unified grouping - Five feet (5'). 4. Minimum distance between unrelated structures - Ten feet (10'). 5. Minimum floor area - None required. 6. Minimum lot or parcel area - None required. Sidewalks, bikepaths, and cartpaths may occur within County required buffers; however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bikepath, or cartpath. 8. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein, are to be in accordance with the Collier County LDC in effect at the time of site development plan approval. 2.10 OPEN SPACES REQUIREMENTS The PUD Master Plan identifies approximately 935 + /- acres included in the Recreation, Landscape/Open Space, Golf Course, Lakes and Preserve District designations. These areas fully satisfy the open space requirements of Section 2.6.32 of the Collier County LDC. 2.11 NATIVE VEGETATION RETENTION REQUIREMENTS Twenty Five Percent (25 %) of the viable naturally functioning native vegetation on site shall be preserved. 2.5 SECTION III RESIDENTIAL DEVELOPMENT AREAS 3.1 PURPOSE Agenda Item No. 8C May 8, 2007 Page 38 of 216 The purpose of this Section is to establish land use regulations and development standards for the Residential development tracts designated on Exhibit "A ", the PUD Master Plan as "RG Residential/Golf'. The Golf Course development standards will be regulated as per Section Td, Golf Course / Open Space. 3.2 MAXIMUM DWELLING UNITS The maximum number of dwelling units permitted within the PUD is 799. The property contains a gross acreage of 1558 + /- acres and density of 0.51 dwelling units per gross acre. 3.3 DISTRIBUTION OF DWELLING UNITS Dwelling units permitted in the Agriculture/Rural, Agriculture/Rural - Mixed Use District area may not exceed their underlying density as set forth in the Statement of Compliance until such time as the Future Land Use Element of the Collier County Growth Management Plan is amended in such a way that dwelling units may be shifted from Urban Residential to Agriculture/Rural, Agriculture/Rural - Mixed Use District area. 3.4 GENERAL DESCRIPTION Areas designated as "R" on the PUD Master Plan are designed to accommodate a full range of residential dwelling unit types, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" District is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3 and Division 3.2, respectively, of the Collier County LDC. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. 3.5 USES PERMITTED. A. Principal Uses Single- family detached dwelling units. Single - family and zero Iot line dwellings. Single - family attached and townhouse dwellings. 3.1 Agenda Item No. 8C May 8, 2007 Page 39 of 216 4. Two - family and duplex dwellings. Multiple- family dwellings. 6. Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the "RG" District. B. Accessory Uses Uses and structures customarily associated with principal uses permitted. 2. Guest houses, pursuant to Section 2.6.14 of the Collier County LDC. 3. Common area recreational and utilitarian facilities. 4. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the "R" District. 3.5 DEVELOPMENT STANDARDS A. Table Il sets forth the development standards for land uses within the "R" Residential District. B. Site development standards for Categories 1 -5 set forth in Table II apply to platted parcel boundaries. C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with Collier County LDC in effect at the time of site development plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. D. Development standards for uses not specifically set forth in Table II shall be established during the site development plan approval phase as set forth in Division 3.3 of the LDC in accordance with those standards of the zoning district which is most similar to the proposed use. E. Off -street parking required for the multi - family uses shall be accessed by parking aisles or driveways.which are separate from any roads which serve more than one development. A green space area of not less than ten feet (10') in width as measured from pavement edge to pavement edge shall. separate any parking aisle or driveway from any abutting road. F. Single - family patio and zero lot line dwellings are identified separately from single - family detached dwellings with conventional side yard requirements to disiinguish these types of residences for the purpose of applying the development standards under Table II. G. Housing structure types including lot orientation for single - family detached housing such as zero lot line versus non -zero lot line orientations may not be mixed within the same development tract. 3.2 Agenda Item No. 8C May 8, 2007 Page 40 of 216 TABLE II MIRASOL COMMUNITY DEVELOPMENTSTANDARDSFOR "RG" RESIDENTIAL AREAS PERMITTED USES AND STANDARDS Single Family Detached Zero Lot Line Two Family and Duplex Single Family Attached and Townhouse Muld- Family Dwellings Category 1 2 3 4 5 Minimum Lot Area 5,000 SF 4,000 SF 3,500 *4 3,500 SF 9,000 SF Minimum Lot Width *5 50' 40' 35' 35' 90' Minimum Lot Depth 100' 100' 100' 100' 100' Front Yard 20' *3 20' *3 20' *3 20' *3 20' *3 Side Yard 7.5 0 or 10' 7.5' 7.5' 15' Rear Yard 15' 15' 15' 15' 15' Rear Yard *1 5' 5' 5' 5' 5' Rear Yard Accessory 10' 10' 10' I0' 10' Maximum Building Height *2 35 feet 35 feet 50 feet Distance Between Principal & Accessory Structures 10' =feetM 10' 20' *e Floor Area Min. (S.F.) 1000 SF 1000 SF 750 SF All distances are in feet unless otherwise noted. *1 • Rear yards for principal and accessory structures on lots and tracts which abut lakes and open spaces. Setbacks from lakes for ail principal and accessory uses may be 0' providing architectural bank treatment is incorporated into design and subject to written approval from Engineering Review Section. Front yards shall be measured as follows: A, If the parcel is served by a public right -of- -way, setback is measured from the adjacent right-cif-way line. B. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). C. If the parcel has frontage on two sides, setback is measured from the side with the shortest frontage with the other frontage designated as aside yard. *2 - Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. *3 - Single- family and multi - family dwellings which provide for two parking spaces within an enclosed garage and provide for guest parking other than in private driveways tray reduce the front yard requirement to 15' for the garage. *4 -Each halfof a duplex unit requires a lot area allocation of 3,500 SF for a total minimum lot area of 7,000 S.F. *5 -Minimum lot width may be reduced by 20% for cul-de-sac lots provided the minimum lot area requirement is maintained. *6 - Building distance may be reduced at garages. - 3.3 SECTION IV GOLF COURSE 4.1 PURPOSE Agenda Item No. 8C May 8, 2007 Page 41 of 216 The purpose of this Section is to set forth the uses permitted and development standards for the Golf Course Tracts, designated as "Wand "RG ". The primary function and purpose of these Tracts will be to provide aesthetically pleasing open areas, golf course and recreational facilities. Except in areas authorized for development, all good quality native trees and shrubs shall be protected and preserved wherever practicable. 4.2 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 Golf courses and golf club facilities, including temporary golf clubhouses. 2. Tennis clubs, health spas, equestrian clubs, and other recreational clubs. 3. Project information and sales centers. 4. Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utility pumping facilties and pump buildings, utility and maintenance staff offices. Public administrative facilities. 6. Telecommunications facilities. Communications tower. 8. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, - itness.trails and shelters.. Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible. 4.1 Agenda Item No. 8C May 8, 2007 Page 42 of 216 B. Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with the principal uses permitted in this District. 2. Pro- shops, practice areas and ranges, golf cart barns, rest rooms, shelters, snack bars and golf course maintenance yards. 3. Retail establishments accessory to the permitted uses in the District such as, but not limited to, golf, tennis, and recreational related sales. 4. Restaurants, cocktail lounges, and similar uses intended to serve club members and club guests. S. Shuffleboard courts, tennis courts, swimming pools, and all other types of accessory facilities intended for outdoor recreation. 6. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible. 4.3 DEVELOPMENT REGULATIONS A. Principal structures shall be set back a minimum of twenty feet (20') from golf course boundaries and private roads, and twenty -five feet (25') from all PUD boundaries and residential tracts. Rear yards for principal and accessory structures on lots and tracts which abut a lake, non - jurisdictional open space or native vegetation preservation areas may be zero feet (0') except that an architectural bank treatment shall be incorporated into the design. B. Accessory structures shall be set back a minimum of ten feet (10') from golf course boundaries and private roads, and twenty feet (20') from all PUD boundaries and residential tracts. C. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of structures Principal Structures - 2 stories or thirty feet (30'). 2. Accessory Structures -1 story or fifteen feet (15'). µ E. Minimum distance between principal structures - Ten feet (10'). F. Minimum floor area - None required. G. Minimum lot or parcel area - None required. 4.2 Agenda Item No. 8C May 8, 2007 Page 43 of 216 H. Parking for the community center /clubhouse shall be three spaces per every one thousand (1,000) square feet of gross floor area, which shall be considered inclusive of the required golf course parking. I. Standards for parking, landscape, signs and other land uses where such standards are not specified herein, are to be in accordance with the Collier County LDC in effect at the time of site development plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 4.3 SECTION V PRESERVE DISTRICT 5.1 PURPOSE Agenda Item No. 8C May 8, 2007 Page 44 of 216 The purpose of this Section is to identify permitted uses and development standards for areas within the Mirasol PUD community designated on the Master Plan as the Preserve District. 5.2 GENERAL DESCRIPTION Areas designated as Preserve on the Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Preserve District is to retain viable naturally functioning wetland and upland systems, to allow for restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of the Mirasol PUD residents. 5.3 USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to Regional, State and Federal permits when required; A. Principal Uses Parks, passive recreational areas, boardwalks. Biking, hiking, and nature trails. Wildlife sanctuary. 4. Pathways and/or bridges, subject to appropriate approvals by permitting agencies. 5. Recreational shelters and restrooms, in Preserve upland areas. 6. Drainage and water management facilities subject to all needed permits. 7. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the Preserve District. 5.1 Agenda Item No. 8C May 8, 2007 Page 45 of 216 5.4 DEVELOPMENT STANDARDS A. Setback requirements for all structures shall be in accordance with Section 3.2.8.4.7.3, of the Collier County LDC, 13. Lighting facilities shall be arranged to prevent disturbances to the preserves. C. Maximum height of structures - Twenty-five feet (25'). D. Minimum distance between principal structures - Ten feet (I0'). E. Minimum distance between accessory structures - Five feet (5'). F. Minimum floor area - None required. G. Minimum lot or parcel area - None required. 5.5 PRESERVE DISTRICT CONSERVATION EASEMENT A non - exclusive conservation easement or tract is required by the Collier County LDC, Section 3.2.8.4.7.3 for lands included in the Preserve District. In addition to Collier County, a non - exclusive conservation easement may also be required by other regulatory agencies with jurisdiction over Preserve District lands. In addition to complying with the provisions of the Collier County LDC, said easement shall be provided in accordance with the terms set forth in any applicable permit granted by other agencies. The Developer, its successor(s) or assigns, including the master property owners' association shall be responsible for control and maintenance of lands within the Preserve District. The conservation easement utilized on this Project will provide for allowance of future permitting and mitigation of any impacted wetlands due to the final alignment of the future C.R. 951 corridor. 5.2 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE Agenda Item No. 8C May 8, 2007 Page 46 of 216 The purpose of this Section is to set forth the development commitments for the development of the Project. 6.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plats, and all applicable State and local laws, codes, and regulation applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the LDC, Division 3.2 shall apply to this Project even if the land within the PUD is not to be platted. The Developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The Developer, his successor or assignee, shall agree to follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successors or assignee in title, is bound by the commitments within this document. 6.3 PUD MASTER PLAN A. Exhibit "A ", the PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries, shall not be construed to be specific and may be adjusted during the platting or site development plan approval process. Subject to the provisions of Section 2.7.3.5 of the LDC, PUD amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the Project. C. The following shall be considered minor changes and refinements, subject to the limitations of Section 53A of this PUD. Due to the complexity of creating and permitting a regional flowway through the Project, reconfiguration of preserve areas, jurisdictional wetland limits, and mitigation features as --a result-of regulatory agency review will be considered minor if there is no unacceptable net loss of viable functioning wetlands or native vegetation preserves as a result of the e e'ndment. 2. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County, and where there is no further encroachment into preserve areas. 6.1 Agenda Item No. 8C May 8, 2007 Page 47 of 216 Reconfiguration of design features. 4. Internal realignment of rights -of -way other than a relocation of access points to the PUD. 5. Reconfiguration of residential parcels when there is no encroachment into preserve areas. 6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. Initiation of construction on the Mirasol PUD Project is contemplated in the calendar year 2001 with completion of the project infrastructure anticipated to occur in stages. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County LDC. C. The Project is subject to the sunsetting provisions of Section 2.7.3.4 of the LDC. 6.5 POLLING PLACES Pursuant to Section 2.6.30 of the LDC, provision shall be made for the future use of space within a common building for the purpose of accommodating the function of an electoral polling place. An agreement shall be recorded in the Official Records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest to the Developer that acquire ownership of such common areas including, but not limited to, condominium associations, homeowners' associations, or community recreation / public buildings / public rooms or similar common facilities to be used for a polling place if determined to be necessary by the Supervisor of Elections. 6.6 SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS A. Sidewalks / bike paths shall conform with Subsection 3.2.8.3.17 of the LDC. B. Private streets shall conform with the right -of -way width requirements of Subsection 3.2.8.4.16.5 of the LDC except as follows: .Cul -de -sacs and local streets less than one thousand feet (1,000') in length are required to have a minimum forty foot (40') right -of -way width and two ten foot (10') wide travel --lanes as required by Subsection 3.2.8.4.16.5 of the LDC. 2. All other cul -de -sacs are required to have a minimum forty foot (40') right -of -way width and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5 of the LDC. 6.2 Agenda Item No. 8C May 8, 2007 Page 48 of 216 3. All other local streets are required to have a minimum forty foot (40') right -of -way and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5 of the LDC. 4. Cul -de -sacs may exceed the one thousand foot (1,000') length maximum of Subsection 3.2.8.4.16.6 of the LDC. 5. Tangents between reverse curves shall not be required as per Subsection 3.2.8.4.16.10 of the LDC. 6. Street grades may exceed the four percent (4 %) maximum of Subsection 32.8.4.16.14 of the LDC provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met. 7. LDC, Subsection 3.2.8.3.19: The standard that street name markers shall be approved by the County Engineer and conformance with U.S.D.O.T.F.H.W.A.M.U.T.C.D. is waived. Street pavement painting, striping and reflective edging of main road system will be waived. Traffic circulation signage shall be in conformance with U.S.D.O.T.F.H.W.A.M.U.T.C.D. standards. -. 8. LDC, Subsection 3.2.8.4.10: The standard that PRMs be installed in a typical water valve cover shall be waived subject to monumentation being installed in accordance with Chapter 177, Florida Statutes. 9. LDC, Subsection 3.2.8.4.16.8: The minimum back of curb radii for internal roads shall be 30 feet. with the exception that both entrance road intersections shall have curb radii of 40 feet. 10. LDC, Subsection 3.2.8.4.16.9: The minimum 75 foot tangent standard at intersections may be reduced subject to a certified traffic study based upon design speed, site distance and adequate recovery zone. This requirement shall not be waived at both project access points. 11. LDC, Subsection 3.2.8.4.21: The standard for blank utility casings shall be waived. 6.7 TRANSPORTATION The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. The applicant shall install arterial level street lighting at the project entrance prior to the granting of any certificates of occupancy for the Project. 13. The applicant shall be responsible for the cost of a traffic signal system at the project entrance, if a signal system is found to be warranted and approved by the County. 6.3 Agenda Item No. 8C May 8, 2007 Page 49 of 216 C. Work within any Collier County rights -of -way shall meet the requirements of the Collier County Right -of -Way Ordinance No. 93 -64. D. The project access shall be located and designed in conformance with the Collier County Access Management Policy applicable to this Project. E. Access to Broken Back Road, (the future extension of C.R. 951), if any, shall be consistent with the access management plan in place at the time of development. F. The Project right -of -way reservation for C.R. 951 shall be generally 100 feet along the eastern section line of Sections 10, 15 and 22. The Project will also generally provide same 100 feet along the eastern section line of Sections 15 and 22, 200 feet as it proceeds northwest across the northern half of Section 15 and the southern half of Section 10, and 100 feet at the western section line of Section 10 as an alternate alignment. The specific right -of -way alignment shall be determined by a detailed corridor evaluation. The right -of -way dedication shall be made upon request of the County. The road impact fee credits shall be in accordance with the consolidated Impact Fee Ordinance in effect at the time of dedication. G. The conservation easement shall provide for the future permitting and mitigation of any impacted wetlands due to the final alignment and construction of the future C.R. 951 corridor. H. The Project shall provide a pedestrian pathway to be located along the Immokalee Road right -of- way on the north side of the canal. I. The Project will provide interconnection to the adjacent property, future Activity Center, located within the southeast portion of Section 22. The County may modify, including closure, any median opening on Immokalee Road, if in the opinion of the County, any operational or safety consideration makes such modification necessary or desirable. K. Prior to the first PSP or SDP approval, the applicant shall provide a detailed transportation analysis of the system of Immokalee Road from Old Cypress Boulevard (Future Logan Boulevard Extension) to C.R. 951. Should the analysis identify deficiencies or operational/safety problems, the applicant shall either be limited to the amount of development that may occur or provide the necessary mitigation at the applicant's cost to meet level of service requirements. Said determination shall be required prior to the first PSP or SDP approval. L. The value of land purchased from the property owner by the County for any of the future C.R. 951 (Collier Boulevard) right -of -way shall be a value not to exceed current land values at the time of rezoning, and shall be based on the value associated with the property's former Rural Agricultural zoning designation. M Agenda Item No. 8C May 8, 2007 Page 50 of 216 6.8 UTILITIES Due to the construction of the regional flowway through the Mirasol Project, it is anticipated that a Community Development District may be necessary to fund this public facility as well as other essential project services. A. The development of this PUD Master Plan shall be subject to and governed by the following conditions: This Project lies within three sections, the part of the Project in Section 22 lies within the current Urban Area. Existing utilities necessary to serve the Project are located along the southern border of Section 22, within the Immokalee Road right -of -way. To provide service to Section 22, utilities will be extended internally. 2. Section 15 is located outside the current Urban Services Area. The proposed development in Section 15 consists of a golf course, residential and accessory uses, such as the clubhouse and maintenance facility. Septic systems and wells will be utilized in the event that Paragraph B.S. of this Subsection cannot be implemented. 3. Section 10 is also located outside the current Urban Services Area. The proposed development in Section 10 consists of only a golf course and accessory uses such as a clubhouse and maintenance facility. A septic system and well will be utilized for each structure. Due to the natural barrier created by the creation of the flowway, extension of water and sewer facilities is not feasible. B. In the portion of the Project within the urban area the following stipulations apply: 1. Water distribution, sewage collection and transmission lines to serve the Project are to be designed, constructed, conveyed, and/or owned and maintained in accordance with Collier County Ordinance No. 97 -17, as amended, and other applicable County rules and regulations. 2. 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. Should the County not be in a position to provide sewer service to the Project, the sewer customers shall be customers of the utility established to serve the Project until the County's offsite sewer facilities are available to serve the Project or septic tanks meeting the requirements of Florida Statutes may be used on an interim basis. 3. The on -site water distribution system serving the Project must be connected to the District's water main and must be consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the Project. During the design phase of these facilities, the following features shall be incorporated into the distribution system: 6.5 Agenda Item No. SC May 8, 2007 Page 51 of 216 a. Dead -end mains shall include dead -end flushing hydrants. b. Stubs for future system interconnection with adjacent properties shall be provided to the property lines of the Project at locations to be mutually agreed to by the County and the Developer during the design phase of the Project. 4. The utility construction documents for the Project's sewerage system shall be prepared to contain the design and construction of an onsite force main, which may ultimately connect the Project to the future central sewerage facilities of Collier County. The force main must be interconnected to the pump station with appropriately located valves to permit for simple redirection of the Project's sewerage, should connection to the County's central sewer facilities ever become available. 5. Landowner may apply for water and sewer service from a public or private utility provider. 6.9 ENVIRONMENTAL The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Staff. Removal of exotic vegetation shall not be the sole mitigation method for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. C. Buffers around preserved jurisdictional wetlands shall be in accordance with the State of Florida Environmental Resource Permit Rules. Preserved jurisdictional wetlands and surrounding buffers shall be incorporated into conservation areas which shall be platted or recorded as conservation easements, D. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the conservation/preservations areas, shall be submitted to Current Planning Staff for review and approval prior to final site plan/construction plan approval. E. As a part oftlu:-environmental resource permitting process of the South Florida Water Management District (SFWMD) and the United States Army Corps of Engineers (USACOE) permitting, recommendations from the Florida Fish and Wildlife Conservation Commission (FFWCC) and the United States Fish and Wildlife Service (USFWS) regarding impacts to protected wildlife species will be incorporated into the permits issued for this Project. The Petitioner shall comply with the guidelines set forth within those permits. Habitat management plans shall be provided for the Florida panther, Florida black bear, Big Cypress fox squirrel, wood stork, red- cockaded woodpecker, and all other protected species which inhabit or utilize this Project. 6.6 Agenda Item No. 8C May 8, 2007 Page 52 of 216 6.10 ENGINEERING A. This Project shall be required to meet all County ordinances in effect at the time final construction documents are submittal for development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County LDC, Division 3.2. C. Prior to final site development plan approval, a right -of -way permit will be required. 6.11 WATER MANAGEMENT The Mirasol Project, as a part of a public- private partnership, will provide design, permitting and construction of a regional flowway in conjunction with the existing Olde Cypress PUD and the proposed Terafina PUD. The creation of a Community Development District may be necessary to help finance this public facility as well as other essential project services. 2. A copy of the South Florida Water Management District (SFWMD) Surface Water Permit shall be submitted prior to final site development plan approval. 3. An excavation permit will be required for the proposed lake(s) in accordance with Division 3.5 of the Collier County LDC and SFWMD Rules. 6.12 PLANNING A. Pursuant to Section 2.2.25.8.1 of the LDC, 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. 6.13 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except that temporary sales buildings, trailers, marketing facilities, contractors' and builders' storage and office facilities and the like, may be erected and utilized during the period of project development and marketing consistent with applicable requirements of the LDC. Such temporary buildings shall be removed upon completion of the marketing or construction activity which they are accessory to. 6.7 Agenda Item No. 8C May 8, 2007 Page 53 of 216 6.14 SIGNS All signs shall comply with Division 2.5 of the Collier County LDC in effect at the time of building permit application. 6.15 LANDSCAPING A. Landscaping for the perimeter berm, if required, shall be in conformance with Section 2.4.4.8 of the LDC. Trees and shrubs shall be planted along the base of the berm so as to visually soften the appearance of the side of the berm. 2. Trees shall be a minimum of 75% native species. Shrubs shall be a minimum of 35% native species. All landscaping for off - street parking areas shall be in accordance with the Division 2.4 of the Collier County LDC in effect at the time of building permit application. 6.16 PROVISION FOR OFF -SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or other water bodies is hereby permitted. If it is demonstrated that fill activities on those buildable portions of the Project site are such that there is a surplus of earthen material, then its off -site disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "development excavation" pursuant to Division 3.5 of the Collier County LDC whereby off -site removal shall be limited to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. B. . All other provisions of said-Division 3.5 of the Collier County LDC are applicable. M Agenda Item No. 8C May 8, 2007 Page 54 of 216 6.17 PROVISION FOR ACCESS TO OUT PARCEL IN SECTION 10 A temporary easement shall be granted to the parcel owned by Alfonso Terlizzi, his successors or assigns, at a location specified by Mirasol. At such time that the northern portion of the Mirasol PUD has access to a public road, the Developer shall provide reasonable access from the Alfonson Terlizzi parcel across the Mirasol PUD to the public road. Both the temporary and permanent easements shall be granted to Mr. Terlizzi, his successor or assigns, at no cost. However, due to the environmental constraints of Section 10, Mr. Terlizzi may be required to revise the South Florida Water Management Environmental Resource Permit for Mirasol and provide mitigation for any impacts created by the construction of this access. Cte ON Z O pj E >� ° C —� m m m a IL c m m Q f el ®os @ �� s 3 0 0 M Ii N �U n T vK Y T y,5i i� Z♦ a�a4 _a Y O} } 1. N ♦ Z l 1 a C Q !� a z CL W v, j 4. 'Q Xo_O W Agenda Item No. 8C May 8, 2007 Page 56 of 216 LEW DESCRIPTIONS ExhihiT B SECTION 10 All THAT PART Of SECTION 10, rowNship 48 souTH, RANGE 26 EAST, COMER COUNTY, FIORidA IESS ANd EXCEPT THE IOkOiNG IIVE (5) PARCELS: THE SOUTH �/2 Of THE NORTHEAST t/4 Of THE NORTHWEST �/4, THE SOUTH 'i Of THE SOUTHEAST t/4 Of THE SOUTHEAST �/4, THE NORTHEAST 1/4 Of THE SOUTHEAST 1/4 Of THE SOUTHEAST 1/4, THE SOUTH 30 FEET ANd EAST 74 FEET Of THE NORTH Y2 Of THE EAST 1/2 Of THE SOUTH V2 Of THE NORTHEAST 'A Of THE NORTHEAST t %4, THE NORTH 30 FEET ANd EAST 74 FEET Of THE SOUTH '/2 Of EAST I/2 Of SOUTH !/2 Of NORTHEAST 'A Of THE NORTHEAST I/4. SECTION 19 All THAT PART Of SECTION 15, TOWNSHip 48 SOUTH, RANGE 26 EAST, COINER COUNTY, FIORidA LESS ANd EXCEPT THE NORTH I/2 Of THE SOUTHWEST 'A Of THE SOUTHWEST �A Of THE SOUTHWEST Va, ANd THE SOUTH V2 Of THE SOUTHWEST 1/4 OF THE SOUTHWEST �/4 OF THE SOUTHWEST ' /4 SECTION 22 Ali THAT PART OF SECTION 22, TOWNSHip 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FfoRidA THE NORTHEAST 1/4 OF THE NORTHWEST t /4, ANd THE EAST �/2 Of THE NORTHWEST t/4 Of THE NORTHWEST t /4, THE WEST 1/2 Of THE SOUTHEAST t/4 Of THE NORTHWEST �/4, THE EAST 1/2 Of THE NORTHWEST I/4 Of THE SOUTHEAST 1/4 , THE EAST �i Of THE SOUTHEAST 1/4 Of THE NORTHWEST 1/4, THE NORrHwEST �/4 Of THE NORTHEAST 1/4; ANd THE WEST �/2 Of THE NORTHEAST '/4 OF THE NORTHEAST 1/4, THE EAST 1/2 Of THE NORTHEAST 'A Of THE NORTHEAST 1/4, THE WEST /2 Of THE SOUTHWEST 1/4 Of THE NORTHEAST '/4, THE EAST �/2 Of THE SOUTHWEST 'A Of THE NORTHEAST '/4, THE EAST 1/2 OF THE NORTHEAST 1/4 Of THE SOUTHWEST ' /4, Agenda Item No. 8C May 8, 2007 Page 57 of 216 THE EAST 1/2 Of THE WEST V2 Of THE SOUTHEAST 1/4 Of THE SOUTHWEST 1/4, THE WEST 1/2 Of THE EAST V2 Of THE SOUTHEAST 1/4 Of THE SOUTHWEST 11/4, THE EAST 11/2 Of THE EAST 1'h Of THE SOUTHEAST 1/4 Of THE SOUTHWEST 1/4, THE NORTH 1/2 Of TILE WEST 11/2 Of THE NORTHWEST 1/4 Of THE SOUTHEAST 1/4, THE SOUTHWEST 1/4 Of THE NORTHWEST 11/4 Of THE SOUTHEAST 1/4, THE WEST 1/2 Of THE SOUTHWEST 1/4 Of THE SOUTHEAST 1/4, THE WEST '1/4 Of THE EAST 11/2 Of THE SOUTHWEST 1/4 Of THE SOUTHEAST 1/4, Agenda Item No. 8C May 8, 2007 Page 58 of 216 Exhibit "C" FLOW -WAY AGREEMENT THIS FLOW -WAY AGREEMENT (the "Agreement ") is made by and between J.D. Nicewonder, Robert Vocisano and Olde Cypress Development Inc., (hereafter collectively referred to as "the Parties ") whose addresses are set forth in Paragraph M below. 1, WHEREAS, J.D. Nicewonder is the owner of a parcel of property containing approximately 1558 acres described in Exhibit A on which will be developed a project known as MIRASOL (hereafter referred to as "MIRASOL "); and 2. WHEREAS, Robert Vocisano is the owner of a parcel of property containing approximately 646 acres described in Exhibit B on which will be developed a project known as TERAFINA (hereafter referred to as "TERAFINA" a k.a. Wildwood); and 3. WHEREAS, Olde Cypress Development Inc. is the owner of a parcel of property containing approximately 500 acres described in Exhibit C on which is developed a project known as Olde Cypress (hereafter referred to as "OLDE CYPRESS "); and 4. WHEREAS, MIRASOL and TERAFINA desire to permit, construct, operate and maintain a flow -way for the discharge of surface waters from MIRASOL and upstream properties to the Cocohatchee Canal. A conceptual sketch of the proposed flow- way (hereafter "Flow- Way ") is set forth in Exhibit D and. 5. WHEREAS, the general design of the proposed Flow -Way will call for the construction of a series of connected lakes (hereafter "Chain of Lakes "), and other Page t Agenda Item No. 8C May 8, 2007 Page 59 of 216 conveyances along the exterior boundaries of the Flow -Way which will serve to convey surface water south to the Cocohatchee Canal as well as preserve, enhance, and restore the interior of the Flow -Way (including restoring hydro -period to the wetlands /marsh area and preservation of isolated uplands); and 6. WHEREAS, the Parties desire that MiRASOL, as part of its application submittals for its project in sections 10, 15 and 22, shall include the design and modeling information for all of the Chain of Lakes; and 7. WHEREAS, TERAFINA has cross - referenced this information in its applications to SFWMD and the USACOE, and OLDE CYPRESS has agreed to modify its existing SFWMD/USACOE permits to include the Chain of Lakes; and 8. WHEREAS, the obligations of MIRASOL, TERAFINA and OLDE CYPRESS as provided for in this AGREEMENT are contingent upon the final SFWMD, and Collier County zoning approvals for the MIRASOL and TERAFINA projects within twenty -four months from the date of this Agreement. NOW, THEREFORE, in consideration of mutual covenants and agreements herein contained, and of other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto, intending to be legally bound hereby, mutually covenant and agree as follows: A. OBJECTIVES. MIRASOL and TERAFINA recognize the need for a unified position and cooperative effort in order to most effectively and efficiently obtain the necessary approvals for construction of the Chain of Lakes. The Parties further recognize that the Flow -Way, including the Chain of Lakes, will be an integral part of their respective projects. The Page 2 of 18 0 Agenda Item No. 8C May 8, 2007 Page 60 of 216 mutual objectives of the Parties in designing, permitting and constructing the Chain of Lakes are as follows: 1. MIRASOL will apply to the South Florida Water Management District for an Environmental Resource Permit, the US Army Corps of Engineers for a Section 404 Dredge and Fill Permit and Collier County for a Clearing and Excavation Permit as necessary to construct the Chain of Lakes. TERAFINA and OLDE CYPRESS will include the Chain of Lakes in their respective permitting applications relying on designs and calculations generated by MIRASOL so as to ensure consistency amongst the submittals. Permitting of those portions of the Flow -Way within each Party's ownership or control, other than the Chain of Lakes, will be the responsibility of the individual Parties. MIRASOL agrees to pay all permitting costs incurred by OLDS CYPRESS relating to the Chain of Lakes and the Flow -Way. 2. The Chain of Lakes will be designed to eliminate the need for compensating storage on MIRASOL and TERAFINA. 3. The Chain of Lakes will be designed to minimize environmental impacts within the footprint of the Chain of Lakes System, and to provide offsite hydrologic improvements, resulting in net positive mitigation credits to compensate for any environmental impacts attributable to construction of the Chain of Lakes (see Paragraph B & C below). MIRASOL and TERAFINA shall be responsible for meeting the mitigation requirements resulting from their Page 3 of 18 Agenda Item No. 8C May 8, 2007 Page 61 of 216 individual projects, and may use the portion of the Flow -Way within their ownership or control, other than the Chain of Lakes, to offset any mitigation requirements that may be imposed. MIRASOL will satisfy any mitigation required as a result of the OLDE CYPRESS permit modifications relating to the Chain of Lakes and the Flow -Way. 4. Each Party shall be responsible for constructing that portion of the Chain of Lakes within its ownership or control. MIRASOL shall bear initial operating and maintenance responsibilities for the Flow -Way. If TERAFINA uses the Flow -Way as its "outfall", then TERAFINA will reimburse MIRASOL for its pro rata share of maintenance and operation expenses as determined in Paragraph D below. M]RASOL shall pay the operation and maintenance expenses for that portion of the Chain of Lakes within the OLDE CYPRESS property. 5. Once constructed and operational, the parties intend to convey the Chain of Lakes to the Big Cypress Basin Board (hereafter "BCBB ") of the South Florida Water Management District for operation and maintenance as a Work of the Basin. If not accepted by BCBB, the parties will convey to such other governmental or quasi - governmental entity acceptable to both the parties and regulating governments. In the event the BCBB, or other entity, requires a fee as a condition of accepting the Chain of Lakes (to offset long -term maintenance expenses) MIRASOL shall Page 4 of 12 Agenda Item No. 8C May 8, 2007 Page 62 of 216 pay its own and OLDE CYPRESS'S pro rata share, and if TERAFINA utilizes the Flow -Way as its ` outfall ", then TERAFINA shall pay its pro rata share. B. MITIGATION FOR CHAIN OF LAKES. As set forth in Paragraph A the objective of MIRASOL and TERAFINA is to design, permit and construct the Chain of Lakes in a manner that will eliminate compensating storage, and improve ofPsite hydrologic conditions in this watershed. MIRASOL's consultants have analyzed the improvements to hydrology and storage in the area. MIRASOL's objective is to have any environmental impacts associated with construction of the Chain of Lakes mitigated by the above- described improvements and to meet the environmental mitigation required by SFWMD/USACOE for the OLDE CYPRESS modification. Any mitigation requirements or credits attributable to the Chain of Lakes within OLDE CYPRESS and TERAFINA shall be assumed by MIRASOL. If TERAFINA utilizes the Chain of Lakes and Flow -Way as its outfall, then TERAFINA shall assume any mitigation requirements or credits relative to construction of the Chain of Lakes within TERAFINA. All mitigation requirements and credits for the Flow -Way other than the Chain of Lakes shall be the sole responsibility of the individual Parties and are outside the scope of this Agreement. MIRASOL and TERAFINA shall work with the respective agencies to satisfy mitigation requirements as mandated by their individual permits for their projects: C. CONSTRUCTION. Each Party shall be responsible for constructing that portion of the Chain of Lakes within the property under its ownership or Page 5 of 18 Agenda Item No. 8C May 8, 2007 Page 63 of 216 control, however the portion of the Chain of Lakes within the OLDE CYPRESS property will be constructed by TERAFINA. Such construction shall be in strict compliance with the terms and conditions of any and all permits or approvals relating to the Chain of ..Lakes. If construction is not timely undertaken by TERAFINA pursuant to the timeframes established and agreed upon by the Parties in the final construction schedule, MIRASOL shall be entitled to enter TERAFINA and OLDE CYPRESS and complete construction as designed. Any construction activities by a Party resulting in the issuance of a Notice of Violation or imposition of penalties by a permitting agency shall be the responsibility of the individual Parry to cure and bring into compliance with the applicable agency regulations, bearing all costs for same. MIRASOL, as permittee of the Chain of Lakes shall maintain the right to ensure permit compliance by all Parties, including, but not limited to, the right to cure permit violations and recover from the offending Party all costs associated therewith. MIRASOL shall be responsible to construct the outfall structure located in OLDE CYPRESS and further described in paragraph L below. D. INTERIM AND LONG TERM MAINTENANCE AND OPERATION. On an interim basis, MIRASOL will be directly responsible for the operation and maintenance expenses of the Chain of Lakes. It is the intent of the Parties, however, that upon completion the Chain of Lakes it will be transferred to the BCBB. The terms and conditions of this transfer will be set forth in the SFWMD Permit and each entity shall transfer its interests Page 6 of 19 Agenda Item No. 8C May 8, 2007 Page 64 of 216 accordingly. In the event that the BCBB does not accept these responsibilities, the Parties agree that a single entity (association or CDD) may be formed to operate and maintain the Chain of Lakes. Such entity shall be created when required by either the USACOE or SFWMD permit. OLDE CYPRESS, which is not benefited by the Chain of Lakes, shall not be required to join the CDD, share pro -rata in the maintenance and operation costs discussed below, or share in the cost of formation of the entity responsible for long term maintenance. The Parties agree that any current or future project utilizing the Chain of Lakes and Flow -Way for water management discharge will contribute to the maintenance and operational costs of the Chain of Lakes. A single project's pro -rata cost contribution shall be in proportion to its percentage of the total contributing project development acres that outfall into Chain of Lakes and Flow -Way. The calculation of development acres shall exclude lands within the Flow -Way TERAFINA's obligation to pay a pro -rata cost share of the formation of an association or CDD, interim and long -term operation and maintenance costs is conditioned upon TERAFINA utilizing the Flow -Way as its water management "outfa[T. TERAFINA'S current water management plan utilizes an outfall west. of the canal weir structure fronting OLDE CYPRESS. MIRASOL shall be responsible for creating the entity, the Parties shall cooperate by executing such documents as necessary to create the entity and to give such entity authority to operate and maintain the Chain of Page 7 of 18 Agenda Item No. 8C May 8, 2007 Page 65 of 216 Lakes. Long term maintenance and operation of the Flow -Way, other than the Chain of Lakes, shall be as set forth in each Party's individual permits for their respective projects. E. STUDIES AND OTHER MATERIALS. To assist in the completion of permit applications, the Parties shall provide MIRASOL all correspondence, reports and other documents involving their property which they feel may affect the Chain of Lakes, including but not limited to governmental approvals or pending applications for Governmental approvals; soil reports; surveys and planning studies; flood plain analyses; aerial photographs, topographical maps and studies; engineering studies and plans; and any abstracts of title, title opinions, title insurance policies or title documents which relate to the condition or development of the Chain of Lakes. Documentation of each Party's legal and financial control of their property should also be provided. It is understood that the information above should be limited to that which bears relation to the Chain of Lakes area only and that will assist in the efficient preparation of application submittals. Nothing in this sub - paragraph is intended to require the Parties to submit privileged information or general information Ponce rning their property not helpful to the objectives of this Agreement. F. _ COUNTY APPROVALS. As part of its project submittals MIRASOL will prepare and submit applications and required supporting documentation necessary to obtain County clearing' and excavation permits necessary for the Chain of Lakes. TERAFINA and OLDE CYPRESS will provide the necessary authorization required for Page 8 of 18 Agenda Item No. 8C May 8, 2007 Page 86 of 216 MIRASOL to act in their behalf for obtaining these County approvals. If TERAFINA utilizes the Flow -Way for its outfall, TERAFINA shall reimburse MIRASOL for its pro -rata share of obtaining the approvals, up to a maximum amount of $ 20,000. G. CONSTRUCTION COSTS. Each Party shall construct that portion of the Chain of Lakes within each of its respective properties except as noted in paragraph C. All fill material obtained by a Party during construction shall remain the property of that Party to utilize or dispose of as desired. In the event a party fails to initiate and complete construction of their portion of the Chain of Lakes, consistent with the timeframes established in the final construction schedule, MIRASOL shall have the right to construct that portion of the project and, as full compensation, retain all fill material obtained during construction. To remove any incentive for TERAFINA to abandon construction following the removal of all organic or easily obtainable /valuable material, the Parties agree that MIRASOL is authorized to complete any portion of the project abandoned by TERAFINA and to recover all construction costs associated with same (as well as any remaining spoil material, the value of which shall be deducted from the total recoverable costs). H. _ - PARTIES REPRESENTATIONS WITH RESPECT TO THE PROPERTY. Each Party hereby represents to MIRASOL that as of the Effective Date they: (i) have the sufficient legal authority to conduct the proposed activities on that portion of their property included within the Chain of Page 9 of 18 Agenda Item No. 8C May 8, 2007 Page 67 of 216 Lakes (proper documentation must be forwarded to NMUSOL for inclusion in the permit application package). (ii) are not aware of pending or threatened condemnation or similar proceeding affecting their property included within the Chain-of Lakes or any portion thereof; (iii) are not aware of legal actions, suits or other legal or administrative proceedings pending that affect that portion of their property included within the Chain of Lakes (other than the current proceedings instituted by TERAFINA against the South Florida Water Management District). (iv) are not aware of any oral or written service, maintenance, landscaping, security, management or similar contract which could affect the operation or maintenance of that portion of their property included within the Chain of Lakes; (v) are unaware of any leases, oral or written, affecting that portion of their property included within the Chain of Lakes or any part thereof, nor any other right, title or interest granted to any other individual or entity; (vi) the persons signing below represent that they are duly authorized to execute this Agreement; and (vii). do not believe there to be any adverse or other parties in possession of their property included within the Chain of Lakes; I. INDEMNIFICATION. The Parties hereby agree to defend, indemnify, save and hold MIRASOL harmless from and against any and all liabilities and claims, other than MIRASOL's own negligence or willful misconduct, regarding or relating to the permitting or construction of the Chain of Page 10 of 18 Agenda Item Nb. 8C May 8, 2007 Page 68 of 216 Lakes including any property damage or contractual liability resulting from any acts or omissions of MIRASOL arising under its obligations set forth in this Agreement. J. ASSIGNMENT. In the event a Party conveys its interests iri the above- described properties, this Agreement, together with its corresponding responsibilities, obligations and liabilities shall be assigned to the new owner of the property and that new owner shall assume all responsibilities, obligations and liabilities set forth herein. K. CHAIN OF LAKES EASEMENT. The Parties understand that the final configuration and location of the Flow -Way and Chain of Lakes will depend upon SFWMD permitting. Once final, the Parties will execute sufficient construction, maintenance and drainage conveyance easements to satisfy the intent and obligations of the Parties set forth herein. The easements shall be in a form acceptable to SFWMD or other appropriate governmental entity. L. DRAINAGE AND MAINTENANCE EASEMENT. MIRASOL shall permit and construct the outfall structure that will provide the discharge from the Cbain of Lakes to the Cocohatchee Canal. To allow -construction, long -term operation and maintenance of this structure, OLDE CYPRESS shall provide to MIRASOL a not to exceed, forty -five wide non - exclusive easement on the western boundary of Lot # 1 of Preserve Commons. The easement shall be executed and held in escrow by Quarles and Brady until SFWMD and Collier County zoning approvals Page 11 of 18 M. N Agenda Item No. 8C May 8, 2007 Page 69 of 216 for TERAFINA are obtained, at which time it will be released to ADDITION OF OTHER PARTIES TO THE AGREEMENT. Providing the design capacity of the Chain of Lakes (580 efs) has not been exceeded, MIRASOL shall have the unilateral right to approve other Parties to join in this Agreement and discharge to the Chain of Lakes under appropriate terms and conditions that shall be set forth in an addendum to this -Agreement. Should the design capacity of the Chain of Lakes be exceeded, then additional Parties could only join in this Agreement with the unanimous approval of all current signatories to the Agreement. NOTICES. Notices hereunder shall be given to the Parties set forth below and shall be made by hand delivery, facsimile, overnight delivery or by regular mail. If given by regular mail, the notice shall be deemed to have been given within a required time if deposited in U.S. Mail, postage prepaid, within the time limit. For the purpose of calculating time limits, time shall be calculated from actual receipt of the invoice or notice. Time shall run only on business days which, for purposes of this Agreement, shall be any day other than a Saturday, Sunday or legal public holiday. Notices shall be addressed as follow: Party . Address MIRASOL do Don Milarcik Celerity Construction 6205 Carlton Lakes Blvd. Naples, FL 34110 Page 12 of 18 With Rcauired Copy to: Stephen Walker Lewis, Longman & Walker, 1700 Palm Beach Lakes Blvd. Suite 1000 West Palm Beach, FL 33401 Q 0 Q 1.4 TERAFINA Robert Vocisano 4100 Golden Gate BIvd Naples, F134116 Agenda Item No. 8C May 8, 2007 Page 70 of 216 Tim Haines Quarles and Brady 4501 Tamiami Trail N. Suite 300 Naples, Fl 34103 OLDE CYPRESS Frank Matthews c/o Paul Hardy Hopping, Green, Sams & Smith 5692 Strand Court, 123 South Calhoun Street Naples, F134110 P.O. Box 6526 Tallahassee, FL 32314 DISPUTE RESOLUTION. All claims, disputes and other matters in question between the Parties to this Agreement arising out of or relating to this Agreement or the breach thereof, shall be decided by mandatory and binding arbitration in accordance with the rules of the American Arbitration Association (the "AAA ") currently in effect unless the Parties mutually agree otherwise. EFFECTIVE DATE. The Effective Date hereof shall be the date the last Parry hereto executes this Agreement. TIME. Time is of the essence in this Agreement. PARTIES. The rights and obligations hereunder shall be binding upon and inure to the benefit of the Parties hereto, their heirs, successors, administrators, consultants, agents and assigns. A Party assigning his rights or obligations" under this provision should immediately provide notice of such (including name, address and relevant information of assignee) to all remaining Parties. As used in this Agreement, any gender shall be deemed to refer to the appropriate gender, whether masculine or Page 13 of 18 Agenda Item No. 8C May 8, 2007 Page 71 of 216 feminine, and the singular shall be deemed to refer to the plural where appropriate, and vice versa. S. PARTIAL INVALIDITY. In the event that any paragraph or portion of this Agreement is determined to be unconstitutional, unenforceable or invalid, such paragraph or portion of this Agreement shall be stricken and the remaining portion of this Agreement shall remain in full force and effect. T. WAIVER OF BREACH. The failure of any Party hereto to enforce any provision of this Agreement shall not be construed to be a waiver of such or any other provision, nor in any way to affect the validity of all or any part of this Agreement or the right of such Party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to constitute a waiver of any other subsequent breach. U. ATTORNEY'S FEES. In the event arbitration and/or litigation is required by any Party to enforce the terms of this Agreement, the prevailing Party of such action shall, in addition to all other relief granted or awarded by the court, be entitled to judgment for reasonable attorneys' fees incurred by reason of such action and all costs of suit and those incurred in preparation thereof at both the trial and appellate levels. Nothing in this paragraph shall diminish, detract from or affect the Parties' agreement to arbitrate disputes as set forth in paragraph 0. V. ENTIRE AGREEMENT. This Agreement, including the Exhibits attached hereto, which are incorporated herein by reference, contains the entire Agreement between the Parties and all other representations, Page 14 of 18 Agenda Item No. 8C May 8, 2007 Page 72 of 216 negotiations and agreements, written and oral, are superseded by this Agreement and are of no force and effect. This Agreement may be amended and modified only by instrument, in writing, executed by all Parties hereto. W. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be an original, with ail such counterparts constituting a single instrument. X. CAPTIONS. The captions contained herein are for convenience only and are not a part of this Agreement. Y. APPLICABLE LAW. This Agreement shall be construed by and controlled under the laws of the State of Florida. Z. NO AGENCY OR JOINT VENTURE. This Agreement shall not be construed to in any way establish a partnership, joint venture, or express or implied employer- employee relationship between the Parties. Page 15 of 18 Agenda Item No. 8C May 8, 2007 Page 73 of 216 IN WITNESS WHEREOF, the said Parties have hereunto set their hands and dz a seals the � 3 of P21 L.-. , zoo,. Witnesses: Paul Hardy, President Olde Cypress Page 18 of 18 nAmur 7EYELGPMENT 941 SSAg(7" Item No. 8C 20/ May 8, 2007 Page 74 of 216 iN VnTME SS EREO!F_, ' the sL aid Pardes have h=e m se their hands aad sea1S the Z Z no 2001_ ..j. ............. %lWPSIIPU.LW D=V3 vu D9=wwVNxaw*aftr. JDW,7A6wWM 440W. y ngr =09 D.dx Agenda Item No. 8C May 8, 2007 Page 75 of 216 IN WITNESS WHEREOF, the said Parties have hereunto set their hands and seals the c2-5 of ?pfer4r , 2001. Witnesses: �1 GU .I�cwaLD PA) i IL -- y: J. D. NICEWONDER zl/ jux,� Page 17 of 18 A °( N m ' a 3 0 to to Y ti, • W 0q :1 i r 15 22 aE Page 76 of 216 0 800 1600 3200 SCALE IN FEET MIRASOL PROJECT IS LOCATED IN: TOWNSHIP 48 SOUTH RANGE 26 EAST SECTIONS 10,15 8: PORTIONS OF 22 TOTAL PROPERTY =1558 Ac.t �n �Rw[l:l rvnML ^ VKAMNU J 1� MIRASOL P.U.D. SECTIONS 10,15 $ Portions of 22 Flow Way Agreement Exhibit A CNK. DY: F DATE_ C No — 0 r O O O I io 3 A I FM LL d N 0 c 1 c ) 0 500 1000 2000 SCALE IN FEET \s TERAFINA PROJECT IS LOCATED IN. TOWNSHIP 48 SOUTH RANGE 26 EAST SECTION 16 TOTAL PROPERTY = 646 Ac It 10T _ r Agenda tem No. 8C ay 8, 2007 Pa e 77 of 216 S` r • 9 c O 2 1 EC:■:�BARBER & ■■ / //6 / ■ ■// • • ■. ■ ■ ■f RUNDAGE, INC Professio/al �nem, Planners & land Surveys 3o cs.�r�oor TJN: NN1y IL•MI01 •lli plll�NA,11 •fm0 u.c..m 16ux.Y,tII%N.1h M" )161 -n. aumam -rmo � CNe6uu HA.6wv�rio�Nx M37661d ®]661 PROJECT NAME ,- ORANiNG TITLE TERAFINA P.U.D. _ SECTION 16, T 48S, R 26 E Flow Way Agreement 0 Q OLDS CYPRESS W z PROJECT IS LOCATED IN: TOWNSHIP 48 SOUTH RANGE 26 EAST SECTION 21 TOTAL PROPERTY = 500 Ac.t m co N 0 500 1000 2000 SCALE IN FEET J rA %M 21 • )�''i� ':vYe I *. . Pq 0 n rvnG: VRAIIIryV II ILC OLDE CYPRESS SECTION 21, T 48S, R 26 E Flow Way Agreement '.1�1 Agenda Item No. 8C May 8, 2007 Page 80 of 216 STATE OF FLORIDA) COUNTY OF COLLIER) 1, 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. 2001 -20 Which was adopted by the Board of County Commissioners on the 24th day of April, 2001, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of May, 2001. DWIGHT E. BROCK ;;i ,''.':` :• °,}Or'iit Clerk of Courts and Ex- officio to Board County Commissioners - . i '1.'�� S• w,' By: Ellie Hoffman, Deputy Clerk �ocD O N ON O Z � E a� -c6o a C rll Q oroa.s,nnr., gg � ...q..•q� ® - � ® ' � iii 6� _ - w w Q •, ;,may, i �i ==,� �- N N T 0 oa O 4c J N ~ LU xwN3_ DOBw -O S a.ao= w t+l °w w to �a z z o ° �w IL '� J U sad Q ~ C [P 4 Ckty F. : 4 ••'w rPR 41 I s f:• _ �6\ [ I� 1p. r- t u 0 �c Y! n wm U ...... 4YbYY 1wYwYwYwG - ¢icmmn x4rwwr -o rx e�m� U Gau Rm.z Ynn .--i Z- ,AI4 r aYb eut � f YY 6 " Y enYw _ Yr sm wy V MrGIIGGGYCr'MS 3 n C pR YYR Y �c Y! n wm U ...... 4YbYY 1wYwYwYwG U - .--i Z- i tea.. .. -.. " ........... G y n C pR YYR Y � _r wwwY Gw ®rI 1G QR 9 G p RI i1 _ i �' Q m•¢uYe an ml ry RbF •a.r •ems o .-r..p �' I� .. TT .. trw �c Y! n wm U ...... 4YbYY 1wYwYwYwG up, Wu- w u: Gt YYYi _ U - .--i Z- i Y.. \ wu " woo w[o G tf i qqO C up, Wu- w u: Gt YYYi _ N - rt " f f ... .. TT .. trw y t I { 0 o )j . 4 Y s C q L � ••.•• uT....c-vr' ..1 � � .. .., n _ a. _tip . ^Se. .�. ,y.r ..5➢ PUD EXTENSION TRAFFIC IMPACT STATEMENT MIRASOL RESIDENTIAL DEVELOPMENT JANUARY 20, 2006 Collier Boulevard (CR 95 1) at Immokalee Road Naples, Florida Prepared For: Don Milarcik Klausen Company 6704 Lone Oak Blvd Naples, FL 34109 Job # 80950.02 Prepared By: Vanasse & Daylor LLP PUDEX - 2006 -AR -9124 PROJECT #19990012 DATE: 2114106 HEIDI WILLIAMS 12730 New Brittany Boulevard, Suite 600, Fort Myers, Florida 33907 t 239.431.4601 f 239.431.4636 w vanday.com Agenda Item No. 8C May 8, 2007 Page 84 of 216 STATEMENT OF CERTIFICATION I certify that this PUD EXTENSION 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 Transportation Engineering. Ernest R. Spradling P.E. Florida Registration #61235 VanasseDaylor, LLP 12730 New Brittany Boulevard, Suite 600 Fort Myers, Florida 33907 (239) 437 -4601 Collaborators Reed Jarvi P.E. Nelson Galeano, Stoarup Mukheijee ERNEST R SPRA NG JAN 2 0 2006 RE. 61235 Mirasol Residential Development PUD Extension Statement of Certification Agenda Item No. 8C Agenda Item No. 8C May 0'2007 Page 06uf210 Table of Contents INTRODUCTION AND SUMMARY ...,~~~,~,,~,,,~,^^~.^,~°,,~,~°,_,~,,.,,,� SUMMARY OF FINDINGS, CONCLUSIONS AND RECOMMENDATIONS .......-.--~......J PROPOSED DEVELOPMENT ...-.~..,..-....^....~...^.-..-....-.~~^....^� PROPOSED, EXISTING AND VESTED LAND USE ........................................................................................... � AREA CONDITIONS ^.~...-^~^^^`-^^^-`-~^-^^^~^~--~~-^^^^~~^~~^^^^^~^^^~ SITE ACCbODDDlClTY .........~-...~.3 AreaRoadway System ............................................................................................................ 3 Traffic Volumes ..~..-.~..-....^,-~..^-.~.......,,....-..-..-....-.4 Committed Roo6nmx Improvements ~~,^,,,_^,°,,,,~,_,,,'~^,^~,,,,,,,,~_. 5 PROJECTEDTRAFFIC ................................................................................................................. 5 TRIP GENERATION ~,^^__^,~. ....... _`__,~,`_,_^,_`~~,~,_`~~,^__`,^~~,,~~~~^,� TRIP DISTRIBUTION AND ASSIGNMENT ..... ........................................... ~..-.~~~^.,~~'~6 PROJECTED D/\CK GROUND A0l)T0IAL TRAFFIC VOLUMES .................................................................. ' 8 . Siozifitu000Test Analyses ......... ........................................................................................... 7 ANALYSES.,..-.._,,,~,,,,~_~,,~~,,_,,,^,,_,,^,_,,,,~_,~`,~,,~,,_ CAPACITY AND LEVEL 0F SERVICE ............................................ ~.^^~,.--~~~^y LinkAnalyses ......................................................................................................................... 4 IntersectionAnalyses ............................................................................................................ l2 . SITE ACCESSES ................................................................................................. --.�13 Tolmoku}ee Road & Main Access ......................................................................................... }4 TRAFFIC SIGNAL WARRANT ANALYSIS ...................................................................................................... ls IMPROVEMENTANALYSES ................................................................................................... l5 IMPROVEMENTS To ACCOMMODATE 000'8lTE TRAFFIC ........ ........................................................ ..lJ mlrasoxmmeooa|move|ovmeotpooa«esimo Page Table aContents Agenda Item No. 8C May 8, 2007 Page 87 of 216 List of Exhibits Exhibit 1 Location Map. Exhibit 2 Study Area and Studied Intersections Exhibit 3 Site - generated Trip Distribution Percentages Exhibit 4A, 4B AM and PM Peak Hour Site - generated Vehicle Trip Assignments Exhibit 5A, 5B AM and PM Peak Hour Background Traffic Exhibit 6A, 6B AM and PM Peak Hour Total Traffic List of Tables Table 1 Project Trips Generation Table 2 Traffic Distribution PM Peak Hour Table 3A, 3B AM, PM Significance Test Table 4 Projected Background Traffic Table 5A, 5B AM, PM Level of Service (Concurrency Segment Table Directional Links) Table 6A, 6B AM, PM Level of Service (2011 FSUTMS Directional Links) Table 7 Intersection Capacity Analysis Results List of Appendices Appendix Traffic Data, Level of Service, SYNCHRO© 6.0 Analyses, FDOT, Traffic Signal Warrant Summary Mirasol Residential Development PUD Extension Page 11 Table of Contents Agenda Item No. 8C May 8, 2007 Page 88 of 216 INTRODUCTION AND SUMMARY Vanasse Daylor LLP (VanasseDaylor) is providing this PUD Extension Traffic Impact Statement for the Mirasol Residential Development. The purpose of this study is to provide to the Collier County Transportation Operations Review Department adequate information to show that the site - related traffic impacts have been anticipated and that effective mitigation measures have been identified. The Mirasol Residential project is located northwest of the Immokalee Road & Collier Boulevard intersection in northern Collier County. Access will be provided via Immokalee Road. (see Exhibit 1 Location Map). The site is currently vacant. The following Land Use program is proposed for this project: • Single Family (LU 210) 423 Residential Dwelling Units • Residential Condominium /Townhouse (LU 230): 376 Residential Dwelling Units • Golf Course (LU 430) 45 Holes It should be noted that the Mirasol project currently holds a concurrency reservation for 799 multifamily dwelling units (330 peak hour trips). SUMMARY OF FINDINGS, CONCLUSIONS AND RECOMMENDATIONS The following roadway link is projected to have site - generated traffic exceeding the 3/3/5 rule thresholds: • Immokalee Road west of the Main Access, and ■ Collier Boulevard south of Immokalee Road. No roadway links are projected to operate below Collier County Concurrency Segment Table LOS standards because of Background traffic. No roadway links are projected to be both significantly and adversely impacted, as defined in the LDC, because of total traffic. The eventual lane configuration of the signalized Main Access & Immokalee Road intersection should be: Mirasol Residential Development PUD Extension 00950 PUD6a_TIS01.do • Southbound right turn • Southbound left turn • Eastbound left turn • Westbound right turn one lane one lane (245 feet long) one lane (360 feet long) one lane (235 feet long) Agenda Item No. 8C May 8, 2007 Page 89 of 216 Considering the existing lane configuration, the eastbound left turn lane should be 185 feet longer by buildout to accommodate the additional traffic, and the pavement markings on the bridge should conform to the recommended lane configuration. The developer proposes to pay the appropriate Collier County Road Impact Fees and to construct site - related improvements needed at the site accesses. Mlrasol Residential Development PUD Extension 2 80950_ PUDExt_TISOI.doa Agenda Item No. SC May 8, 2007 Page 90 of 216 PROPOSED DEVELOPMENT PROPOSED, EXISTING AND VESTED LAND USE The Mirasol Residential project is located at the northwest portion of the Collier Boulevard and Immokalee Road intersection in northern Collier County. One access will be provided on Immokalee Road (see Exhibit 1 Location Map). The project was rezoned in 2001 for 799 dwelling units and 45 holes of golf course uses. The site is approximately 1,558 acres in size, and is currently vacant. The following Land Use program is proposed for this project: • Single Family (LU 210) 423 Residential Dwelling Units • Residential Condominium /Townhouse (LU 230): 376 Residential Dwelling Units • Golf Course (LU 430) 45 Holes Completion of Mirasol Residential project is anticipated to be in 2011. It should be noted that the Mirasol project currently holds a concurrency reservation for 799 multifamily dwelling units (330 peak hour trips). AREA CONDITIONS SITE ACCESSIBILITY Area Roadway System The roadway system inside the study area contains the following arterial and major collector roads and streets (Exhibit 2): Collier Boulevard CR 9511 Collier Boulevard (CR 951) in the study area will be a north -south six divided arterial roadway under county jurisdiction. The roadway alignment is fairly level and tangent. The speed limit is posted at 45 miles per hour (mph). Mirasol Residential Development PUD Extension 3 80950_PUDExt_TISOI,doc Agenda Item No. 8C May 8, 2007 Page 91 of 216 Immokalee Road (CR 846) hnmokalee Road in the study area is an east -west six -lane divided arterial roadway under county jurisdiction with a speed limit of 45 mph. Vanderbilt Beach Road Vanderbilt Beach Road in the study area will be an east -west four -lane arterial under county jurisdiction. The posted speed limit is 45 mph. 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), 2010 Vanderbilt Beach Road Extension Study FSUTMS model, Florida Department of Transportation (FDOT) Florida Traffic Information 2004, Collier County 2004 Avera e Daily Traffic, and the Collier County Concurreney Segment Table dated November, 2005. Florida Transportation Engineering, Inc. (FTE) collected AM and PM Peak Hours on turning movement counts at the following intersections: • Immokalee Road & Oaks Boulevard; • Immokalee Road & Collier Boulevard; • Immokalee Road & Wilson Boulevard; The applicable Peak Season Conversion Factors were used to adjust the traffic counts. A 2011 planning horizon demand model, based on the Collier County Transportation Plan Models, was developed by Leftwich Consulting Engineers, Inc. (2012 Collier FSUTMS) to estimate the site - generated trip distributions used in this study. 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. The projected average daily traffic was converted into turning movement volumes by means of the counts' approach percentages, which were then used for the intersection capacity analyses. Mirasol Residential Development PUD Extension 4 a 0950_PUDExt_TISOI.doc Agenda Item No. 8C May 8, 2007 Page 92 of 216 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 2006 to FY 2008 time frame, were considered to be committed improvements. These were identified in the Collier County Transportation Improvement Plan and Florida Department of Transportation FDOT Adopted Work Programs for Collier County Fiscal Year 2005/2006- 20010/2011 The committed improvements that could affect the area include: • Collier Boulevard: * 6 -lane expansion from Immokalee Road to Golden Gate Parkway beginning 2006; and * 6 -lane expansion from Golden Gate Boulevard to Green Boulevard beginning 2007. • Immokalee Road: * 6 -lane east of 1 -75 to CR 951 beginning 2006; and * 6 -lane east of CR 951 to east of Oil Well Road is under construction. • Vanderbilt Beach Road: * Vanderbilt Beach Road Extension to Wilson Boulevard. Study in process, * 6 -lane east of Airport - Pulling Road to Collier Boulevard is under construction. PROJECTED TRAFFIC TRIP GENERATION Site - generated trips were estimated using Institute of Transportation Engineers (ITE) ldn Generation (7th Edition), in accordance with the current Collier County policy. The following trip generation formulas were used: Single - Family Detached Housing (LU 210): ADT: Ln(T) = 0.92 Ln(X) + 2.71 AM Peak Hour: T = 0.70(X) + 9.43 PM Peak Hour: Ln(T) = 0.90 Ln(X) + 0.53 Multi- family (LU 230): ADT: Ln (T) = 0.85 Ln (X) + 2.55 AM Peak Hour: Ln (T) = 0.80 Ln (X) + 0.26 PM Peak Hour: Ln (T) = 0.82 Ln (X) + 0.32 Golf course (LU 430): ADT: T = 35.74(X) AM Peak Hour: T = 2.22(X) PM Peak Hour: T = 2.74(X) Mlrasol Residential Development PUD Extension 5 80950 PUDExt TISO Ldoc Agenda Item No. 8C May 8, 2007 Page 93 of 216 Approximately 50% of the golf course trips were assumed to be internally captured trips, and no 1 more than 14% of the residential trips were assigned to the recreational use. In addition, adding the Golf Course land use should not affect site - related trip generation of the residential component. The above equations were used with the land use program provided by the client to generate the estimated trip generations for the project as shown in Table 1. Table I PROJECT TRIP GENERATION TRIP DISTRIBUTION AND ASSIGNMENT The pattern of site - generated trip distribution is based on locations of generators and attractors in the study area of the project. The traffic distribution generated by Leftwich Engineering was used to develop the site - generated traffic distribution presented in Table 2 and graphically shown on Exhibit 3. This modeling showed a second access onto Broken Back Road (along the alignment for a CR 951 Extension). Since this TIS only has a single access onto Immokalee Road, all trips that were assigned to Broken Back Road have been reassigned to the Main Access instead of the Immokalee Road & Collier Boulevard intersection. The trip distribution percentages of the land use were applied to the site - generated traffic volumes to determine the site - generated vehicle trip assignment. Exhibits 4A and 413 show the site - generated trip assignments for the AM and PM Peak Hour respectively. Mlrasol Residential Development PUD Extension 6 50950_PUDExt_TISO Ldoc AM Peak PM Peak LAND U,SE Size Unit ADT IQW Eutu Exit 1QW 1= EKIL Single Family (LU 210): 423 DU 3,919 306 77 230 393 248 145 14% .534 -35 -29 .6 .42 -18 -24 Residential Condominium /Townhouse (LU 230): 376 DU 1,979 149 25 124 178 119 59 14% .270 -14 -10 -4 -19 -9 -10 Golf Course (LU 430): 45 Holes 1,608 100 79 21 123 54 69 Internal Capture 50% -804 -49 -39 -10 -61 .27 .34 Totals 799 DU 5,898 457 103 355 572 367 205 TRIP DISTRIBUTION AND ASSIGNMENT The pattern of site - generated trip distribution is based on locations of generators and attractors in the study area of the project. The traffic distribution generated by Leftwich Engineering was used to develop the site - generated traffic distribution presented in Table 2 and graphically shown on Exhibit 3. This modeling showed a second access onto Broken Back Road (along the alignment for a CR 951 Extension). Since this TIS only has a single access onto Immokalee Road, all trips that were assigned to Broken Back Road have been reassigned to the Main Access instead of the Immokalee Road & Collier Boulevard intersection. The trip distribution percentages of the land use were applied to the site - generated traffic volumes to determine the site - generated vehicle trip assignment. Exhibits 4A and 413 show the site - generated trip assignments for the AM and PM Peak Hour respectively. Mlrasol Residential Development PUD Extension 6 50950_PUDExt_TISO Ldoc Agenda Item No. 8C May 8, 2007 Page 94 of 216 Table 2 TRAFFIC DISTRIBUTION -PM PEAK HOUR Traffic Roadway seg ent Distribution. Immokalee Road West of 1 -75 20% Immokalee Road West of Oaks Boulevard 31% Immokalee Road West of Logan Boulevard 35% Immokalee Road West of the Access on Immokalee 60% Immokalee Road West of CR 951 40% Immokalee Road West of Wilson Boulevard 6% Immokalee Road East of Wilson Boulevard 5% CR 951 Extension North of CR 951 0% CR 951 South of Immokalee Road 27% CR 951 South of Vanderbilt Beach Road 16% CR 951 South of Golden Gate Boulevard 12% Vanderbilt Beach Road West of CR 951 9% Golden Gate Boulevard East of CR 951 4% Significance Test Analyses According to Collier County Land Development Code (LDC) Section 6.02.02: "M, 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 where project traffic is equal to or { greater than 3% of the adopted LOS standard service volume; f 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." 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. Table 3A and 3B present the analytical results for AM and PM peak Hours respectively. MIrasol Residential Development PUD Extension 7 80950 PUDExt TISO I.doc Agenda Item No. 8C May 8, 2007 Page 95 of 216 Table 3A AM PEAK HOUR SIGNIFICANCE TEST AM Peak Project ROADWAY Peak Project AUIR Traffic as % Dir. LOS Std Traffic of LOS Std Immokalee Road West of Logan Boulevard WB 124 4,370 2.8% Immokalee Road West of the Access on Immokalee WB 213 3,660 5.8% Immokalee Road West of CR 951 WB 41 3,250 1.3% CR 951 South of Immokalee Road SB 96 3,300 2.9% CR 951 South of Vanderbilt Beach Road SB 89 3,300 2.7% Table 313 PM PEAK HOUR SIGNIFICANCE TEST Immokalee Road West of CR 951 EB PM Peak 3,250 Project CR 951 South of Immokalee Road CR 951 South of Vanderbilt Beach Road NB NB 99 59 3,300 3,300 3.0% 1.8% ROADWAY perk Project Traffic as % LOS Std Traffic of LOS Std Immokalee Road West of Logan Boulevard EB 128 4,370 2.9% Immokalee Road West of the Access on Immokalee EB 220 3,250 6.8% Immokalee Road West of CR 951 EB 82 3,250 2.5% CR 951 South of Immokalee Road CR 951 South of Vanderbilt Beach Road NB NB 99 59 3,300 3,300 3.0% 1.8% The following roadway links are projected to have site - generated traffic exceeding the 3/3/5 rule thresholds: • Immokalee Road west of the Main Access, and • Collier Boulevard south of Immokalee Road. PROJECTED BACKGROUND AND TOTAL TRAFFIC VOLUMES The 2010 Vanderbilt Beach Road Extension Study FSUTMS model was the primary information resource used to calculate the projected traffic volumes. This model contains approximately 650 Mlrasol Residential Development PUD Extension 8 80950_PUDExt_TISO I.doc Agenda Item No. 8C May 8, 2007 Page 96 of 216 dwelling units for Mirasol Development. Site - generated traffic of the 650 dwelling units was subtracted from the model data in order to calculate the background traffic without the Mirasol Development. A 3.8% average growth rate (as derived from the existing 2004 to projected 2010 traffic data) was used to project the traffic volumes to 2011. The projected Peak Hour traffic was converted into turning movement volumes by means of the intersection count approach percentages which were then used in the intersection capacity analysis. The data sources used for this analysis are shown in Appendix A. Table 4 shows the projected site - generated directional Peak Hour Link Volumes for the PM Peak Hour. Exhibits 5A and 5B show the projected background turning movement volumes for the AM and PM Peak Hour respectively, and Exhibit 6A and 6B present the projected total turning movement volumes for the AM and PM Peak Hour that were used in the intersection analyses. Table 4 PROJECTED BACKGROUND TRAFFIC Immokalee Road E of Collier Boulevard Immokalee Road W of Collier Boulevard Collier Boulevard S of Immokalee Road Collier Boulevard S of Treefarm Road Collier Boulevard S of Vanderbilt Beach Road Vanderbilt Beach Road Vanderbilt Beach Road Extension K250 MOCF ANALYSES ADT Volume No (2010 Lines D Factor FSUTMS) 6 6 6 6 6 6 4 0.09 CAPACITY AND LEVEL OF SERVICE Link Analyses 0.57 0.63 0.54 0.54 0.54 0.67 0.67 veh /day 40,047 33,751 22,483 24,260 34,695 5,578 0 Hr Volume (2010 FSUTMS) veh /lour 2,093 1,956 1,117 1,205 1,724 344 169 The roadway segments that were identified as being within the project Area of Influence, according to the Collier County 3/3/5 rule, were analyzed to determine background and Buildout traffic conditions. Mlrasol Residential Development PUD Extension 9 80950 PUDExt TISO Ldoc Agenda Item No. 8C May 8, 2007 Page 97 of 216 Tables 5A and 5B present the link LOS analyses for the projected background and total traffic conditions during the AM and PM Peak Hour respectively. The LOS performance standard service volumes shown in these tables were taken from the Collier County Concurrency Segment Table dated November 30, 2005 for the studied roadway segments. Table 5A LEVEL OF SERVICE (AM PEAK HOUR DIRECTIONAL) Concurrency Segment Table November 30, ZOOS Directional AM Peak AM Peak AM Wll Std W11 Std ROADWAY Peak Peal Hour Trip BKGD Project Peak AUIR BKGD+ Dir. Bank Total LOS Std Volume Traffic Traffic Traffic BKGD Project Immokalee Road West of Logan WB 2,130 1,245 3,375 185 3,560 4,370 Y Y Boulevard Immokalee Road West of the Access on WB 2,240 188 2,420 213 2,641 3,660 Y Y Immokalee Immokalee Road West of CR 951 WB 2,240 108 2,428 41 2,469 3,250 Y Y CR 951 South of Immokalee Road SB 1,010 858 1,868 96 1,964 3,300 Y Y Table 5131 LEVEL OF SERVICE (PM PEAK HOUR DIRECTIONAL) Concurrency Segment Table November 30, 2005 Directional PM Peak PM Peak PM Wll Std W/I Std Peak ROADWAY Peak Hour Trip BKGD Project Peak AUIR BKGD+ Dir. Bank Total LOS Std Volume Traffic Traffic Traffic BKGD Project Immokalee Road West of Logan EB 2,130 1,245 3,375 128 3,503 4,370 Y Y Boulevard Immokalee Road West of the Access on EB 2,240 188 2,428 220 2,648 3,250 Y Y Immokalee Immokalee Road West of CR 951 EB 2,240 188 2,428 82 2,510 3,250 Y Y CR 951 South of Immokalee Road NB 1,010 858 1,868 99 1,967 3,300 Y Y The same analyses were conducted using the directional Peak Hour traffic volumes derived from the 2011 FSUMTS. Tables 6A and 6B contain the analyses with the 2011 FSUTMS directional traffic volumes. The PM Peak Hour traffic was used because the site - related residential land use Mlrasol Residential Development PUD Extension 10 80950_PUDExt_TISO Ldoc Agenda Item No. 8C May 8, 2007 Page 98 of 216 I peak hour typically occurs in the PM Peak Hour of the adjacent street traffic. The Appendix contains the tables used in these analyses. Table 6A LEVEL OF SERVICE (AM PEAK HOUR DIRECTIONAL) 2011 FSUTMS FSUTMS AM Peak AM W11 Std W11 Std ROADWAY Peak AM Peak Project Peak AUIR BKGD+ Dir, BKGD Total LOS Std Traffic Traffic Traffic BKGD Project Immokalee Road West of Logan Boulevard WB 1,997 124 2,121 4,370 Y Y Immokalee Road West of the Access on Immokalee WB 956 213 2,169 3,660 Y Y Immokalee Road West of CR 951 WB 1,956 41 1,997 3,250 Y Y CR 951 South of Immokalee Road SB 1,117 96 1,213 3,300 Y Y Kzso 9,2% MOCF 0.89 Table 68 LEVEL OF SERVICE (PM PEAK HOUR DIRECTIONAL) 2011 FSUTMS FSUTMS PM Peak PM W/1 Std W11 Std ROADWAY Peak PM Peak Project Peak AUIR BKGD+ Dir. BKGD Total LOS Std Traffic Traffic Traffic BKGD Project Immokalee Road West of Logan Boulevard EB 1,997 128 2,125 4,370 Y Y Immokalee Road West of the Access on Immokalee EB 1,956 220 2,176 3,250 Y Y 1 Immokalee Road West of CR 951 EB 1,956 82 2,038 3,250 Y Y CR 951 South of Immokalee Road NB 1,117 99 1,216 3,300 Y Y Kno 9.2% MOCF 0.89 Mirasoi Residential Development PUD Extension I I 80950_PUDExt TISO I.doc Agenda Item No. 8C May 8, 2007 Page 99 of 216 Both projection methodologies suggest that no roadway links were projected to operate below Collier County Concurrency Segment Table LOS standards because of Background traffic, and no roadway links were projected to be both significantly and adversely impacted, as defined in the LDC, because of total traffic. Intersection Analyses The foregoing determinations were based on link service levels using the projected 2011 traffic volumes. The link approach volumes were proportioned to the turning movements using the PM Peak Hour turning movement count percentages. The AM Peak Hour turning movement volumes were the reciprocal of the PM Peak Hour assignments. Turning movements percentages of Immokalee Road & Logan Boulevard intersection were extracted from the 2012 Collier FSUTMS. 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. The selection process was based primarily on the relationships between the significant links and proximity to the site. The studied intersections are shown in Table 7. Table 7 INTERSECTION CAPACITY ANALYSIS RESULTS Background Traffic Total Traffic Signalized Intersections AM PM AM PM LOS Delay LOS Delay LOS Delay LOS Delay sedveh. sedveh. sedveh. sedveh. Immokalee Road & Logan Boulevard C 30 C 27 C 35 C 31 Immokalee Road & Main Access n/a - n/a - B I I B I I Immokalee Road & Collier Boulevard C 25 C 26 C 26 C 29 Collier Boulevard & Vanderbilt Beach Road B 15 B 17 B IS B 18 Two different scenarios were analyzed for the Buildout Year: Background Traffic with committed roadway improvements, and Total Traffic with the committed roadway improvements. Table 7 presents the Buildout Year PM Peak Hour Background and Total Traffic levels of service at several intersections that were analyzed for this study. The computed average intersection delays are also presented. Mlrasol Residential Development PUD Extension 12 80950_PUDExt_TISO I.doc Agenda Item No. 8C May 8, 2007 Page 100 of 216 If no degradation to the service level of an intersection using total traffic volumes was identified, then no additional analyses were performed on that intersection. Copies of the analysis results are contained in Appendix. The analyses indicated that no intersection is projected to operate below LOS standards during either the Background or the Total Traffic conditions during the AM and PM peak hour. SITE ACCESSES Site Access analyses were completed utilizing SYNCHRO® software, which is based on the Highway Capacity Manual 2000 (HCM 2000), and applied to Build -out year traffic. Appendix C 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. The project is proposed to have one full - movement access point on Irnmokalee Road. It was recognized during the study process that need for, and length of need of, turn lanes, and how those lengths of need would interact with neighboring access and improvements, would affect the recommended access configurations and their location along the site frontage. Four parameters were used in order to reach the recommendations: current land uses in the study area, capacity analysis results, turn lane length of need analysis results, and the proximity of the proposed access, with turn lanes, with relation to neighboring access /intersection and their auxiliary lanes. In order to analyze the turn lanes, it was necessary to review related ordinances. According to the Collier County Right -of Way Ordinance 42003 -37, left turn lanes must be provided at median openings on multilane highways. The same ordinance also establishes that 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). Collier County allows the roadway posted speed to be used as the design speed. According to the FDOT index 301, the deceleration lane length for a 45mph design speed is 185 feet. Since Collier County uses the roadway posted speed as the turn lane design speed, the turn Mirasol Residential Development PUD Extension 13 80950_PUDExt TISOI.doc Agenda Item No. 8C May 8, 2007 Page 101 of 216 lanes on Immokalee Road should have 185 -foot deceleration lanes in addition to the applicable storage lanes. Immokalee Road & Main Access Capacit ,yAnalyses This access was evaluated to determine the projected intersection operations during the AM and PM Peak Hour. The UnsignaIized Intersection analysis clearly indicated that side -street STOP - controlled intersection operation will not provide acceptable operational characteristics for traffic trying to exit the site. A Signalized Intersection analysis indicated that acceptable operation could be obtained (LOS B - 11 during the AM and PM Peak Hours) using exclusive left and tight southbound tum lanes. Turn lane Analysis Eastbound Approach This project is estimated to generate 62 and 220 vph eastbound left turning movements during the AM and PM Peak Hour respectively. Based on this information, an eastbound left turn lane will be warranted at Immokalee Road and Main Access. This proposed left turn lane should be 360 feet long (175 feet storage + 185 foot deceleration lane with 50 foot taper). The existing turn lane is 300 feet long; the left turn lane should be 60 feet longer by buildout to accommodate the additional traffic. Turn Lane Anallsis Westbound Approach This project is estimated to generate 41 and 147 vph westbound right turns during the AM and PM Peak Hour respectively. A westbound right tum lane will be warranted at the Main Access. This proposed right turn lane should be 235 feet long (50 feet storage + 185 foot deceleration lane with 50 foot taper). The existing turn lane is 350 feet long, which exceeds the computed length of need. Turn Lane Analysis Southbound Approach This project is estimated to generate 213 and 123 vph southbound right turn movements during the AM and PM Peak Hour respectively and 142 and 82 vph southbound left turn movements, during the AM and PM Peak Hour. A southbound left turn lane will be warranted at Main Access. The proposed left turn lane should be 245 feet long (100 feet storage + 145 foot Mlmsol Residential Development PUD E aension 14 80950_PUDEzt_TISO I.do Agenda Item No. 8C May 8, 2007 Page 102 of 216 deceleration lane with 50 foot taper). The existing bridge is wide enough to support two exit lanes and one entrance lane. The Pavement markings on the bridge should conform to the recommended lane configuration. Access Point Location The existing access is located approximately %: mile west of the CR 951 & hnmokalee Road intersection centerline which is within Collier County Access Management Standards for Immokalee Road. TRAFFIC SIGNAL WARRANT ANALYSIS The capacity analyses indicated that signalization would be needed at main site access on Immokalee Road. The final site access should be evaluated to determine whether traffic signal warrants will be met by the site- generated traffic. The warrants in the MUTCD Millennium Edition should be used in these analyses. According to this analysis, the main access will meet Warrant 3 by project buildout. (See the Appendix). IMPROVEMENT ANALYSES Because many of the analyses were addressed in a previous section, this improvement analysis section will be limited in scope to a conclusive narrative, IMPROVEMENTS TO ACCOMMODATE NON -SITE TRAFFIC No roadway improvements are required to accommodate non -site traffic. i IMPROVEMENTS TO ACCOMMODATE SITE - GENERATED TRAFFIC The eventual lane configuration of the signalized Main Access & Immokalee Road intersection should be: • Southbound right turn one lane • Southbound left turn one lane (245 feet long) • Eastbound left turn one lane (360 feet long) • Westbound right turn one lane (235 feet long) Mlrasol Residential Development PUD Extension Is 80950_PUDExt_TISO I.doc Agenda Item No. 8C May 8, 2007 Page 103 of 216 Considering the existing lane configuration, the eastbound left turn lane should be 185 feet longer to accommodate the additional traffic, and the pavement markings on the bridge should conform to the recommended lane configuration. Mlrasol Residential Development PUD Extension 16 80950_PUDExt_TISOI.dm Yvhihlt 2 11 -75 Agenda Item No. 8C May 8, 2007 Page 104 of 216 r-° Not to Scale tmmokalee Road ------------- E 4 M Study Area m g a J �ll N N m O to O m of U Vanderbilt Beach Road n 0 Studied Intersections r� g�r�Cc 11Ll334 p Vµ �''r� O &lA Plrnnint Enlfi<E��gIgnedog uduspeAaAe n 6msnn Wkimae G7 Enpine nt It 166 rurum rae Don Mllarcik. 6701 Lone Oek Blvd to l o r 12130 Nor gnus Bviras, l il, lie Naples, FL 34 i. IM IM It" it 7007 r 10.171.101 r10.177d01 rwd,. January 2008 80850_PUDExI TIS01 Exhlbits.xls Golden Gate Boulevard MEY 11rtP: Mirasol Residential Development Study Anse & Studied Intersections EXHIBIT 2 F' Fvhihll3 Agenda Item No. SC May 8, 2007 Page 105 of 216 N 1 -75 w E S Not to Scale 31% I 4.35% 1 X 4. 60% Immokalee Road ! -: - - -- ♦. 13% 6% ICLS r?�r,t (iril fegixulag El 166 ire 31% 35% mlo na &uunr ewe +,M, sm. Iw �� 40% 13% 6% P. ID 1.1m,'1111917 r179.117.I01 r1l9. /I/.Nld Janmary10a6 e neWpeem a 'm 0 — 'o Qv o' m m o X U N 3 H 9% ai U Vanderbilt Beech Road n � _ 1 4— 4% Golden Gale Boulevard n_ 1 00050 PUDExt TIS01Exhibles.xls PW= IOK PICe fIM: rj Pry ry (� �y tmkepe k(blioame Emiummul Saxe VG.1 Oml PLroicg inl& Ergimaing Mirasol Residential Development ICLS r?�r,t (iril fegixulag El 166 ire DOn om Oaik. Loma DISh/EXH Percentages mlo na &uunr ewe +,M, sm. Iw �� 3410 Naples, FL J4f09 Naples, EXHIBIT 3 ID 1.1m,'1111917 r179.117.I01 r1l9. /I/.Nld Janmary10a6 e neWpeem 00050 PUDExt TIS01Exhibles.xls G�Kihll 4A Agenda Item No. 8C May 8, 2007 Page 106 of 216 Vanasse WEmfannlrg g ,ndiap Ml'neurn e eneea¢o �vw nvr mu: Mirasol Residential Development firs tnphntlnl - Don Mllarcfk. 6104 Lane Oak Blvd qM Peak Nour Slte Oenarated Dnvlor IUW tlea Mmq Mam LFL Naples, FL 94109 inp Ass Ignorant 1. Npn, Et U001 EXHIBIT 4A ^11l,ImIm01 rD9A71.January 2006 80850_PUDExI TIS01 Exhlbits.xls P.hihit4B Agenda Item No. 8C May 8, 2007 Page 107 of 216 80950 PUDExt TISD1 Exhibits.As P6II1•MU ICR 'Aar U161A F61 4 ina! Femme 4{j /y� an�!c Qp t1Mio l 4l6heaun IMIOAAIICIJ SIXPII anC sae Mirasol Residentlel Development Gd Fnprcnlnc FLJ66 Don Mllarcik. PM peek Hour She Generated /� 6704 Lone Oak Blvd rrIp Assignment t aylo ^ 12730 No RMO °^' ' +� /•1�' +le W GL 1 12730 N Lima Naples, FL 94109 pl EXHIBIT 46 1 ]n.111.1101 A79111 /61{ January 2006 ' • radlµoa 80950 PUDExt TISD1 Exhibits.As P= hlhlt 5A Agenda Item No. 8C May 8, 2007 Page 108 of 216 �/+y�ryq�rC ®iDm pj!l t Grlfla ld $duet naraaro mte vrae rnm _- ! a arse ledu.ye kJilraun Eniroronnlil Sdena Mir" Residential Development Shc wuriq It 766 Don Milarcik. AM Peak Hour � � - - -- - -- 6704 Lone Oak Blvd Projected Background IIUI Mr. Miwf Boukm4 A56 600 I 7YaB(c lal aryl II Bill Naples, FL 34!08 EXHIBIT 5A rt19.U9:1601 rAf.Ul.lUi January 1008 • nrbf um 1 8095D_PUDExt_TISO t Exhiblls.xls N 1 -75 ` } N W E �I f f. 1,175 4 1 594 S S 1 Not to Scale L 3 33J � a L 33 S Soo W-Io 4- 1.761 4 464 + n n +J i 14 i 1141 i . .�i.._PC41e5[SIeb3' Immokalee Road ' ' E m 'u 4a— 1,962 E E c o' G1,367� m 7 O O o o a = = @ @ g m o m O Vanderbilt Beach Road n Golden Gate Boulevard Mir" Residential Development Shc wuriq It 766 Don Milarcik. AM Peak Hour � � - - -- - -- 6704 Lone Oak Blvd Projected Background IIUI Mr. Miwf Boukm4 A56 600 I 7YaB(c lal aryl II Bill Naples, FL 34!08 EXHIBIT 5A rt19.U9:1601 rAf.Ul.lUi January 1008 • nrbf um 1 8095D_PUDExt_TISO t Exhiblls.xls 1 8095D_PUDExt_TISO t Exhiblls.xls c.h;hlt Be Agenda Item No. 8C May 8, 2007 Page 109 of 216 Va nas s e 6«y ��' � {D Ydm Phmi6 i1Y6 F +enn` Imdmpr kdkawe fmiroemmhl {rkeD (iril lroluin< I( 166 101 m, 10111 BWnvd.ldu d00 I.a np�, nm+BB rx<ruaa roe, Don MllalC/k. ead4LOne oak0!va Naples, F! 34109 N IJ5 _. r111.1)lA(01 r119.0).leb • n 1.+am L 17 W E e o 4-867 J 4 e� 719 S 1 Not to Scale * 62 of L 10 1,101 ENO N 4--1117 718.1 i t:�2 4 ra 83 07r i r 1.756 _..'_. 87 P1'Dlec[�1k0: Immokolee Road E m 'w 00 m �a 1,381 p c m 7 3 m° 9 -e N a 3 '0 1.041 a0 N m c m '^ N m � U o O Vanderbilt Beach Road n Golden Gale Boulevard Va nas s e 6«y ��' � {D Ydm Phmi6 i1Y6 F +enn` Imdmpr kdkawe fmiroemmhl {rkeD (iril lroluin< I( 166 101 m, 10111 BWnvd.ldu d00 I.a np�, nm+BB rx<ruaa roe, Don MllalC/k. ead4LOne oak0!va Naples, F! 34109 rae rma Mirasol Residential Development PM Peak Hour Profacted Background Traffic EXHIBIT 58 _. r111.1)lA(01 r119.0).leb • n 1.+am January 3006 80950 PUDExt TIS01Exhibitsxls a�hlhit BA 11 -75 N n Agenda Item No. 8C May 8, 2007 Page 110 of 216 N LB w E M �z 4-1,188 L 1 /n 594 S * i Not to Scale 33 a! t t r i3 L 37 915 ar♦ v rn m t H 1,83 fe 680 r+ 4011 4 253 i 4 14 110.r tiir �r 1,189 114 Immokalee Road a mL ry ry�r�+p 41 ry '[ f� 1,982 rare raw mm MlrBSOI R011 o � J 7 m 4 * 62 aa/ m1,367+1 vd 2011 AM Peak Hour AM Peal Hour m n U O =34109 Vanderbilt Beach Road Golden Gate Boulevard N+ 03 ry ry�r�+p 11Ma Phonin{{ - !am( id"n't /IdIYlaUr1 tamenpnnW khare rare raw mm MlrBSOI R011 Q.n CLJJ Vi pmGnl CIA ini EnpnreriM Ft 1N vd 2011 AM Peak Hour AM Peal Hour � � � II710 Nw Biinu) BeW.uE /FUG d80 ;W Hip, tI1tP41 =34109 Proected Total Traffic ) EXHIBIT 6A r BI:I)1AIEI r1J9.111./P71 e 80950_PUDExt_TISOi ExhlMts.xls P.hlhlt6B Agenda Item No. 8C May 8, 2007 Page 111 of 216 Vanasse W6N Ph.kch lam ul ltedn; Nihuenure(nrwrtwMidimtt rtmu® W. N 1 -75 Cml EnluuniN H ldd 14 En L 17 w - E P, a m H 015 Pro /acted Total Traffic D lor 4 /710 ` 5 1 January Mes Not to Scale * 62 L 21 1.188 no* o, w o N^, *— 1,180 773+ 1 4 a 'r 116 i 14 97J 1,864 a"► ° `� n 67 Pro�ea�sltlx: `;, Immokalee Road E L 14 11361 v o 7 o m a a `v m 220 x0f � J 1,941 100110 On J m � N O1 U O � � m O Vanderbilt Beach Road N n Golden Gate Boulevard Vanasse W6N Ph.kch lam ul ltedn; Nihuenure(nrwrtwMidimtt rtmu® W. rea rms Mirasol Residential Development Cml EnluuniN H ldd 14 En Don Mllarclk. 2011 PM Peak Hour 6704 Lone Oak blvd Pro /acted Total Traffic D lor 1180 Mn hinai Nulmrd, fuu 604 1M npa, n 1341 Naples, FL 34109 EXHIBIT 68 r111.07.1W1 -rll /.117.1616 January Mes • a ry.ea 80950_PUDExt_TIS01 Exhlbits.xls Agenda Item No. 8C May 8, 2007 Page 112 of 216 APPENDIX - TRAFFIC DATA ■ FDOT Peak Season Factor Category Report Table • Collier County AADT Count Tables FTE Manual Turning Movement Counts ■ Other Traffic Data Sources. • Annual Update and Inventory Report (AUIR) Tables SYNCHRO® 6.0 Analyses Existing Intersection Analyses (with applicable analysis combinations) • Site Access Analyses • Standard Index 301 • Traffic Signal Warrant Summaries Mlrasol Residential Development PUD Extension Appendix 0 J. tem No. 8C ay 8, 2007 113 of 216 A V a 6 X X X � � X $ A � ' Y �' e X X X Tn X N � n aTi b, X X xx e X X Am a Q�� r ° �J � r m o a o P n a �d ti FI R Q s p A q WW3311 �i1 q y O Y, h 11 � M gg gg y $ pp yy VV�� GG qq .M VV11 VV11 1'J a a X X X X m m X X X X X N X X X N at X X X X X X X X X m m n 0 N n r R° R � r a X X T S• a S° S° X Se X h ry e N D• elm° S• m X X S° de e A" oT° V VT° m° N N 12 N 0 A � a S° d` S� SQ ry SQ Se M oP X S° i• X X S° � A° X de X X X N d°Xp 8Y° X SVS � SQ d° eb}e q (y .- m S N O N n VI VI O. m N N b 2 9 o Y�?ITMY a m U _ M m U tO 0 m 0] � N r •-• � R N �' U V C m I0 B Z° E VU R6e 9 U p K M U .J wy o N LL' s 6 '4 8 d UI 'E `� 3 b '^ 0 E 'L `. °i 0 8 0 N it qy n e p UR 0 = f E M E 0 y (� o z° u � 1 o O 16 o '6 0 5 b 5 '6 B _ g _4 `° o `O L Y> °° °° '" Y% O1 {¢ 5 q m G m m m m m 1 8 a$$ rc rc m S° 5 U U U U U U U U U U U U v° U U$ U U U K K Kyy K K U K U K�° U � 3 `� O 5$�� rc� y y rc y rc NN rc °rcrc yy .pa. n NN a yyyyyy rc yy °rc yy z c y a� Y� y v rc B rc B ^. p - FIE CC 3 u�33I E o a a a a a a a a a a w m a a a a a a a a a a a a a a a o a a m a a a a a 9 9i W N O N N p y r0 V 6 N. b q N N �p N M I� W N� 1� b N !Q iE 1� W �O vl YY E O IIr� V qq 0 N n� N G YOI rp N N IY'!1 M M M N tem No. 8C ay 8, 2007 113 of 216 A V a 6 Agenda Item No. 8C May 8, 2007 Page 114 of 216 950 203 6639 zzs �i14M a!C Qom. Agenda Item No. 8C May 8, 2007 Page 115 of 216 North Z 237 f -- 12 I `� 01 341B _ 6699 9662 9683 ; 9681 1250 3 19 295 �. 3385 -- -- 296 t 3386 YV� __ 'IiWl6 e)I> V I 60 X261 .. ]36) 1262 X263 Lone$ Per Direction; HIM-LAKES-1 - - -- MUM_IANES -2 NUR-LANES-3 NUM LANES -4 NUM LANES -5 Nodelocadon - - - -- -- NUM_LANFS -040 219 lz- TAELe0e04n - - - FACILITY_TYPE•50 -50 I ♦ nolecE7A2leum Collier County Model E +C Networkwitb 2012 SE Data Mirasol Project -Node Numbers Study Area (Wilson Riud Zoom) R:\ Prolects X04014XRUNSk2012 %KRLDXY.012 [4/12/20041 ® Licensed to Leftwich Consulting Engineers, Inc. Agenda Item No. 8C May 8, 2007 Page 116 of 216 9600 1489 9492 9493 I � I � I j (Ix656 555 6653 x651 166]x] 6650 33)8. - III r24 - 86]6 6669 `131 i 136 6678 11 491 238 \ 1 Lane$ ner 01rect n: NUM-LANES-1 - -- HUM_IANES -2 NUM LANES -3 -- HUM -LANES -4 HUM_LANES•5 - - - -- -- NUM_LANES•6.10 30] Q V Agenda Item No. SC May 8, 2007 Page 117 of 216 9503 8654 Rigur ( . 203 North Z l` `�1 W ♦139 _ _ ]309_._ .- i i I i 13418 8699 I Nodelocatlon iAElocadea arnlaC87an n88nnn Collier County Model E +C Network with 2012 SE Data Mirasol Protect - Node Numbers Study Area 1I -75 loom) R:\ Projects \04014 \RUNS \2012\NRLDXY.C12 14/12/20041 Licensed to Leftwich Consulting Engineers, Inc h N 41 O Y N N m N 0 VI Z: m vt m O V tV C > J — W N D: O u E � E d v v a O —— x v J C O O O N O O O O O O N O 0 0 0 0 > O a i s 5 � V K 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 v v n. - C_ O x J S N N ry N h h N N O P h O. O h C Y E E d 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 v d 0 0 x d J a 0 0 0 0 0 0 0 e > 0 a > � r > F. N I P P C U '^ u K m V S Ln om 'd o N m rn V N O n E v Z E ^ ^ K 66 w m 65 16 16 :6 r: n K P 0 v (- - - - - - - fl ' S 9 Agenda Item No. 8C May 8, 2007 Page 118 of 216 Agenda Item No. 8C May 8, 2007 Page 119 of 216 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 v v a c v 0 J 0 z (` y O y' N V N v1 Yl vl m M V' V M N T u1 N M M M M M O u1 �0 �O �O O Vl O u E0 0 0 0 0 0 0 v v a v1 M N O� V1 P P N� P N O m P `� P �D m V1 �O �D ✓1 M �O Y' ✓1 �D M Vl ✓) � J C L L O t Z 1 {mr� Y L 0 0 0 0 0 0 0 0 0 v v d �O m O N h vt C ✓1 Y V N Y Y' C C .t' O J O O N ran Y V m V m �i N N N N— N N N N 'JL c' o E n E 0 0 0 0 0 0 v v n. I 1 V J O N vt N O O� N O L N � O- 00 N ^ N m M N A m K v v v ro v o .n A E n Z E o- M a o- M v o- M c o- M v VI N VI V1 to CancSegments 11.30.2005 AUIRIO 2003 NAME 1 2 3 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 30 31 32 33 34 35 36 37 39 40 41 42 43 44 45 46 47 48 49 51 52 53 54 55 58 59 61 62 63 64 65 66 Airport Road Airport Road Airport Road Airport Road Airport Road Airport Road Bayshom Drive County Barn Road CR 29 Davis Boulevard Davis Boulevard Davis Boulevard Davis Boulevard Davis Boulevard Golden Gate Boulevard Golden Gate Parkway Golden Gate Parkway Golden Gate Parkway Golden Gate Parkway Golden Gate Parkway Goodlette -Frank Road Goodletce-Frank Road Goodlette -Frank Road Goodlette-Frank Road Green Boulevard Gulfshore Drive Collier Boulevard Collier Boulevard Collier Boulevard Collier Boulevard Collier Boulevard Collier Boulevard SR 951 SR 951 111th Avenue N. 1 11th Avenue N. Immokalee Road Immokalee Road Immokalee Road Immokalee Road Immokalee Road Immokalee Road Lake Trafford Road Logan Boulevard Logan Boulevard Livingston Road Livingston Road Livingston Road Livingston Road Livingston Road N. I st Street New Market Road Camp Keals Old US 41 Seagate Drive Pine Ridge Road Pine Ridge Road Pine Ridge Road tvrµ,umrm,.arn.ear.,,.yr,_ri a an FROM Immokalee Road Vanderbilt Beach Road Pine Ridge Road Golden Gate Parkway Radio Road Dads Boulevard US 41 Davis Boulevard US 41 US 41 Airport Road Lakewood Boulevard County Barn Road Santa Barbara Boulevard Collier Boulevard US 41 Goodlette -Frank Road Airport Road 1 -75 Santa Barbara Boulevard Immokalee Road Vanderbilt Beach Road Pine Ridge Road Golden Gate Parkway Santa Barbara Boulevard Ii Ith Avenue Immokalee Road Golden Gate Boulevard Green Boulevard 1 -75 Davis Boulevard Rattlesnake Hammock Road US 41 Manatee Road Gulfshore Drive Vanderbilt Drive US 41 Airport Road 1.75 Collier Boulevard Wilson Boulevard Oil Well Road West of SR 29 Vanderbilt Beach Road Pine Ridge Road Imperial Street Immokalee Road Vanderbilt Beach Road Pine Ridge Road Golden Gate Parkway New Market Road Broward Street CR B58 Lee County Line Crayton Road US 41 Goodlette -Frank Road Shirley Street Agenda Item No. 8C May 8, 2007 Page 120 of 216 TRIP REM TOTVOL BANK CAP 336 2,206 254 487 2,827 1,143 523 2,733 1,097 269 2,889 341 231 2,601 1,499 211 2,141 439 41 781 1,169 224 914 946 4 185 690 144 2,094 1,326 107 2,037 43 235 2,165 265 501 2,361 39 504 1,624 -94 278 1,518 832 76 1,276 1,904 171 2,841 1,509 270 2,330 2,040 169 2,239 1,491 182 1,932 48 134 764 426 157 1,317 1,473 272 1,732 1,688 103 1,953 1,547 39 719 321 16 266 264 858 1,868 1,432 678 2,358 942 600 2.070 190 461 3,761 -71 393 2,243 1.027 419 2,149 1.181 332 2,182 -212 279 1,789 801 22 372 388 88 858 182 515 2,515 515 599 2,889 401 1,245 3,375 995 653 1,753 2,037 593 1,873 1,797 146 366 494 36 366 509 127 557 433 201 1,421 649 156 726 2,534 61 1,061 2,829 162 1,162 2,728 394 1,764 2,236 223 1.483 2.517 14 414 566 47 477 533 203 333 527 70 850 160 68 996 622 ISO 2,190 540 328 3,088 212 392 3,152 578 DPK TO CAPACITY LANES LOS HR VOL Vanderbilt Beach Road 2,460 4 D 1,870 Pine Ridge Road 3,970 6 E 2,340 Golden Gate Parkway 3,830 6 E 2,210 Radio Road 3.230 6 E 2,620 Davis Boulevard 4,100 6 E 2,370 US 41 2,580 6 E 1,930 Thomson Drive 1,950 4 D 740 Rattlesnake Hammock Road 1,860 4 D 690 Chokoloskee Island 675 2 D 181 Airport Road 3,420 6 E 1,950 Lakewood Boulevard 2,080 4 D 1,930 County Barn Road 2,430 4 D 1,930 Santa Barbara Boulevard 2,400 4 D 1,860 Collier Boulevard 1,530 2 D 1,120 Wilson Boulevard 2,3SO 4 D 1,240 Goodlette-Frank Road 31180 6 E 1,200 Airport Road 4,350 6 E 2,670 1.75 4,370 6 E 2,060 Santa Barbara Boulevard 3,730 6 E 2,070 Collier Boulevard 1,980 4 D 1,750 Vanderbilt Beach Road 1.190 2 D 630 Pine Ridge Road 2,790 6 D 1,160 Golden Gate Parkway 3,420 6 E 1,460 US 41 3,500 6 E I,B50 Collier Boulevard 1,040 2 D 600 Vanderbilt Beach Road 530 2 D 250 Golden Gate Boulevard 3,300 6 E 1,010 Green Blvd 3,300 6 E 1,680 I -75 2,260 4 D 1,470 Davis Boulevard 3,690 6 E 3,300 Rattlesnake Hammock Road 3,270 6 E 1,850 US 41 3,330 6 E 1,730 Manatee Road 1,970 4 D 1,850 Malmall or 2,590 4 D 1,510 Vanderbilt Drive 760 2 D 350 US 41 1,040 2 D 770 Airport Road 3,030 6 E 2,000 I -75 3,290 6 E 2,290 Logan Boulavard 4,370 6 E 2,130 Wilson Boulevard 3,790 6 E 1,100 Oil Well Road 3,670 6 E 1,280 Everglades Boulevard 860 2 D 220 SR 29 875 2 D 330 Pine Ridge Road 990 2 D 430 Green Boulevard 2.070 4 D 1,220 Immokalee Road 3,260 6 D 570 Vanderbilt Beach Road 3,890 6 E 1,000 Pine Ridge Road 3,890 6 E 1,000 Golden Gate Parkway 41000 6 E 1,370 Radio Road 4,000 6 E 1,260 Main Street 1,000 2 D 400 SR 29 1,010 2 D 430 Immokalee Road 860 2 D 130 US 41 1,010 2 D 780 US 41 1,620 4 D 930 Goodlette -Frank Road 2,730 6 E 2,010 Shirley Street 3,300 6 E 2.760 Airport Road 3,730 6 E 2,760 Agenda Item No. 8C May 8, 2007 Page 120 of 216 TRIP REM TOTVOL BANK CAP 336 2,206 254 487 2,827 1,143 523 2,733 1,097 269 2,889 341 231 2,601 1,499 211 2,141 439 41 781 1,169 224 914 946 4 185 690 144 2,094 1,326 107 2,037 43 235 2,165 265 501 2,361 39 504 1,624 -94 278 1,518 832 76 1,276 1,904 171 2,841 1,509 270 2,330 2,040 169 2,239 1,491 182 1,932 48 134 764 426 157 1,317 1,473 272 1,732 1,688 103 1,953 1,547 39 719 321 16 266 264 858 1,868 1,432 678 2,358 942 600 2.070 190 461 3,761 -71 393 2,243 1.027 419 2,149 1.181 332 2,182 -212 279 1,789 801 22 372 388 88 858 182 515 2,515 515 599 2,889 401 1,245 3,375 995 653 1,753 2,037 593 1,873 1,797 146 366 494 36 366 509 127 557 433 201 1,421 649 156 726 2,534 61 1,061 2,829 162 1,162 2,728 394 1,764 2,236 223 1.483 2.517 14 414 566 47 477 533 203 333 527 70 850 160 68 996 622 ISO 2,190 540 328 3,088 212 392 3,152 578 AUIRID 2003 67 68 69 70 71 72 73 74 75 76 77 78 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 112 114 115 117 122 126 127 ConcSegments 11.30.2005 NAME Pine Ridge Road Pine Ridge Road Radio Road Radio Road Radio Road Rattlesnake Hammock Road Rattlesnake Hammock Road Rattlesnake Hammock Road Rattlesnake Hammock Road Santa Barbara Boulevard Santa Barbara Boulevard Santa Ban bara Boulevard SR 29 SR 29 SR 29 SR 29 SR 29 SR 29 SR 29 SR 29 SR 82 Tamiami Trail East Tamlaml Trail East Tamiami Trail East Tamlaml Trail East Tamlaml Trail East Tamiami Trail East Tamlaml Trail East Tamiami Trail East Tamiami Trail East Tamiami Trail North Tamiami Trail North Tamland Trail North Tamiami Tall North Tamlaml Trail North Tamlaml Trail North Tamlaml Trail North Tamiami Trail North Tamlaml Trail North Tamlaml Trail North Thom oca, Drive Vanderbilt Beach Road Vanderbilt Beach Road Vanderbilt Beach Road Vanderbilt Beach Road Vanderbilt Drive Vanderbilt Drive Wiggins Pass Road Oil Weil Road Pine Ridge Road Immokalee Road lk, rpdMMsaarnpYwdp w4n_N_Nb FROM Airport Road 1 -75 Airport Road Livingston Road Santa Barbara Boulevard US 41 East Charlemagne Boulevard County Barn Road Polly Avenue Green Boulevard Golden Gate Parkway Rad to Road US 41 CR 837 1 -75 CR 858 CR 29A South N 15th St CR 29A North Hendry County Line Lee County Llno Four Carers Goodlette -Frank Road Davis Boulevard Airport Road Rattlesnake Hammock Road Triangle Boulevard Collier Boulevard San Marco Drive SR 29 Lee County Line Wiggins Pass Road Immokalee Road Vanderbllt Beach Road Gulf Park Drive Pine Ridge Road Solana Road Creech Road Golden Gate Parkway Cental Avenue Bayshore Drive Gulfshore Drive US 41 Airport Road Logan Boulevard Lee County Line Wiggins Pass Road Vanderbilt Drive Immokalee Road Logan Boulevard Logan Boulevard TO 1 -75 Logan Boulevard Livingston Road Santa Barbara Boulevard Davis Boulevard Charlemagne Boulevard County Barn Road Polly Avenue Collier Boulevard Golden Gate Parkway Radio Road Davis Boulevard CR 837 1 -75 CR 858 CR 29A (New Market) N 15th St CR 29A North SR 82 SR 82 SR 29 Goodlette -Frank Road Davls Boulevard Airport Road Rattlesnake Hammock Road Triangle Boulevard Collier Boulevard San Marco Drive SR 29 Dade County Line Wiggins Pass Road Immokalee Road Vanderbilt Beach Road Gulf Park or Pine Ridge Road Solana Road Creech Road Golden Gate Parkway Central Avenue Goodlette -Frank Road US 41 East US 41 Airport Road Logan Boulevard Collier Boulevard Wiggins Pass Road I IIth Avenue US 41 Everglades Boulevard Collier Boulevard CR 951 LOS CAPACITY LANES STD 3,730 6 E 3,790 6 E 2,180 4 D 2,120 4 D 2,120 4 D 1,940 4 D 1,940 4 D 2,340 4 D 1,860 4 D 1,930 4 D 3,070 6 E 2,790 6 E 875 2 C 875 2 C 875 2 C 875 2 C 1,860 4 C 875 2 C 875 2 C 875 2 C 875 2 C 3,410 6 E 3,850 8 E 2,750 6 E 3,200 6 E 3,500 6 E 3,200 6 E 1,075 2 C 1.075 2 C 875 2 C 2,400 6 E 3,520 6 E 3,370 6 E 3,440 6 E 3,550 6 E 3,410 6 E 3,470 6 E 3,320 6 E 3,860 6 E 3,880 6 E 760 2 D 1,290 2 E 1,820 4 D 3,540 6 E 3,600 6 E 1,075 2 D 1,150 2 D 1,050 2 D 1,010 2 D 2,800 4 D 3,250 6 D Agenda Item No. 8C May 8, 2007 Page 121 of 216 DPK TRIP REM HR TOTVOL BANK CAP VOL 2,800 721 3,521 209 2,190 230 2,420 1,370 1,300 290 1,590 590 1,560 177 1,737 - 383 1,250 242 1,492 628 1,180 131 1,311 629 1,010 127 1,137 803 820 105 925 1,415 Sao 188 768 1,092 1,360 171 I,S31 399 1.520 363 1,883 1,187 970 536 1,506 1,284 130 0 130 745 130 0 130 745 130 35 165 710 460 122 582 293 700 116 816 1,044 290 39 329 546 540 75 615 260 290 10 300 575 540 84 624 251 2,090 89 2,179 1,231 31500 206 3,706 144 1.970 373 2,343 407 2,870 373 3,243 -43 1,820 426 2,246 1,254 1,470 558 2,028 1,172 640 609 1.249 -174 270 10 280 795 220 3 223 652 1,910 184 2,094 306 2,510 351 2,861 659 2,560 372 2,932 438 2,490 194 2,684 756 2,800 188 2,988 562 3,010 99 3,109 301 2.790 52 2,842 628 2,550 60 2,610 710 2,120 73 2,193 1,667 2,180 54 2,234 1,646 400 54 454 306 1,090 56 1,146 144 1,410 239 1,649 171 1,440 258 1,698 1,842 710 246 956 2,644 640 93 733 342 670 51 721 429 460 107 567 483 530 177 707 303 1,240 93 1,333 1,467 2,240 188 2,428 822 Agenda Item No. 8C 0 s May 8, 2007 c Page 122 of 216 N 0t 17 11BL 27M JH1 3716 C96L M74 0 s a A� �1� 0t 17 11BL 27M JH1 3716 C96L M74 1068 J]1B L o kl � �/r 39" 50"0 msu F 3816 51663 61660 A 62 491 622 2 514 C61 m o� µ�yy col E� 3i66a 2�{ 10802 01030 6C661 /9682 16 a A� �1� Agenda Item No. 8C May 8, 2007 Lanes, Volumes, Timings MirasolgpILL)b i 16 14• Immokalee Road & Logan Boulevard AM BKGD -. --v f- f-- 4- t /'- 1w Satd. Flowsprot) 1770 5085 1583 1770 5085 1583 1770 3539 I sa,t -,_ i ini J5 J7 bus. Lane Group Flow (vph) 120 1253 124 213 16s 1 129 1914 36 95 115 108 #=- 1 08 ZL s6 iUs ^' 'p er.W Protected Phases 7 4 gar �1 pemlGlafhaSes m, 4 3 8 5 2 115 J t L I 6 Total Split (s) 110 29.0 290 160 34.0 340 90 220 220 _ 80 210 210 NIL, A ct.O%KreRa( &) ` '.., °7,0- X5:5 ' =ILS.. 30A Actuated-g/C Ratio 0.09 0.34 .25.5. 0.34 0.15 0.40 0.40 0.07 0.30 0.30 -.0.05 0.23 0.23 - ...'0,73. 0:72 0.20 : ;0.79 OOS'; ".= _0,81,AI I_ 019 - 0.25 Control Delay 6_00 247 47 527 329 57 812 207 63 420 240 70 Qu�ue'~D.e {ay . "i 0.0 0.0; D.0' " 00 L ' 0 0 0.0 :.= 0.0 ' � Q,O . _ Di ! 0 0 Total Delay 60.0 24.7 4.7 52.7 32.9 5.7 81.2 20.7 6.3 42.0 - ,.240 7.0 E . �_C: .. A_ `D :C A, s: zL F Approach Delay _ 25.9 34.4 33.9 Apoioaeh _ B ., Reduced v/c Ratio 0.73 0.72 0.20 0.76 0.94 0.06 0.81 0.11 0.19 0.25 0.11 U.24 Cycle Length 75 Analysis Period (min) 15 tf .95th percantilebOLume exceeds capadty-:1queue may !se I ongere, Queue shown is maximum after two cycles. S Ilts and Phases: 14• Immokalee Road & Lo an Boulevard of IF m2 � m3" o4 8s - 22s I Ll 16s 1 129 s t 05 4 06 '� o7 #=- 1 08 93 21.s = -' 11 s Ilk M34 s Synchro 6.0 Report. Page I NG 1/19/2006 I: \Projects\ 809\ 80950\ Traffic\Synchro\80950_AMBKGD.sy7 Vanasse & Daylor, LLP Agenda Item No. 8C ooeeM]a�2yy 8, 2007 Lanes, Volumes, Timings M1rasol9AJ64[fxft216 14:Immokalee Road & Logan Boulevard AM TOTAL Satd. Flow perm 11770 508855 1583 1770 5085 1583 1770 3539 1583 1770 3539 1583 ON WRY., �{-i• 3.:'nr�' �'-. 5!'1�"1d 8.M'SfjP .{ 'R.w�.�,. ` 7 *:.105 1- MEW.- .. , .g._,r Volume vph 110 1189 114 253 1885 ,3i __ 37 87 106 -- 115 21125 97 � MksE' ; 7 FF1. �'.R,B��s Lane Group�Flow (vph) 120 1292 124 275 2049 40 95 115 125 23 136 105 Protected Phases 7 4 3 8 5 2 1 6 Pee, 4SAM T�'"_� ; u r x.19 S'aSes Totals lit . 10.0 260 260 190 350 'It In 350 90 220 z .t ..::'E kv�a_u _rillm 220 80 210 21.0 `B_ 428.,.74'2 � „31.9,... 31.0.4.!- 8° �_I70 17:9. Actuated IC Ratio 0.08 0.30 0.30 0.19 0.41 .�5,9�',-�Z 0141 0.07 0.30 0.30 0.05 0.23 0.23 965 0g1t d <R_It ,0.22'.:,1 0,26 017$,_02 Control Delay 809 308 54 503 374 56 812 207 .,, 60 424 240 70 W E Total Delay. 809 308 54 503 37.4 56 812 207 60 424 240 7.0 � D Approach Delay 327 384 324 169 ,.._ Approach 95 !, - -- :" .Q �� '-B -. .. .�.C.^ Queue Length 50th fft) 56 207 0 122 331 1 45 18 , 0 11 26ttj 0 Qu ueerrgth 95tN`(ft) 14B iK1722 ,_ .Ob _ #238 #J4$4 , , 18 „ #124 ,N29 _ 33 ,. 49 „ 37 -._ Internal Link Dist (1 4365 5951 6897 2054 �u[nBaYLeOgth.(ft� 185 f65.; =185 185 r 4 d5 Base Capacity(Vph). 142 1546 568 351 2102 676 118 1076 568 89 802 440 5tafv5t;onGapAelvrtn {_D ..:. D, 'It = Q ,, Splllback Cap Reductn 0 0 0 0 , ,0 0 .0 0 0 0 ,b 0 0 0 0 StoX'aBeQapReduc40- :0 -¢:;.. D 0 . , Reduced V/c Ratio 0.85 0.64 0.22 0178 0. .97 0.06 0.81 0.11 0.22 0,26 0.17 0.24 Cycle Length 75 Queue shown is maximum after two cycles. Splits and Phases: 14: Immokalee Road & I Haan Rnid,I.rd 01 a e2 LI-i-211- 22s I 19s 26s 05 4� 06 9 21 s 1Ds 35s Synchro 6.0 Report, Page I NG 1/19/2006 I: \Projects \80 918 0 9 5 0 \Traffic \Synchro \80950_AMTOTAL.sy7 Vanasse & Daylor, LLP Agenda Item No. 8C May 8, 2007 Lanes, Volumes, Timings Mira 14• Immokalee Road & Loean Boulevard PMBKGD Satd. Flow rotj 1770 5085 1583 1770 5085 1 R W- nk, an 5 L 0 2-0.9155 - ---- -- 4 8.0 Base Ca 1845 588 ilu 1 1 Q4 bzits Flo 043 1., 0 - 23 2 "2090 704 1 18 Re D ucm ".- - A -.- "—'; , ------ - 14 Reduced v/c Ratio 0.45 0.91 0.13 0.76 0.66 0.04 0.73 0.12 0 0. 0.26 .33 0.31 Analysis Period (min) 15 ...... . .... 01 ds =cap adty.'queuevay 5e longer, Queue shown is maximum after two cycles. - .. . -1 . I . . - . - - � - -I . I - -- . - . .,-. .--a VHw ena 01 Iy o2 o4 9s 23s 9s 34s '\ 05 J 4 06 t o7 � 08 11s 1 -11121 s k :1114s jv�t�029s Synchro 6.0 Report. Page I MG 1/19/2006 1:\Projectsk809\80950\Traffic\Synchro%0950-PMBKGD.sy7 Vanasse & Daylor, ILLP Agenda Item No. 8C May 8, 2007 Lanes, Volumes, Timings Mirafoj"HL� 16 14:Immokalee Road & Loean Boulevard PM TOTAL --* -. l 4r, 4- t •y t �►, V j , Lane Group_Flow (v& 105 2048 95 126 1292 23 124 136 274 40 115 120 ax r r;� P� iU {II.F i`rv9' 'wi.,. 652 Protected ..-w -f�roL y. .. Phases 7 4 3 8 5 2 1 6 Res mitt�dFaas�s ,;. _ BI z G Total Split (s, 140 350. 350 100 310 . 310 100 200 200 100 200 200 /SC.c' =Efft�;GT.eon,() !' , 6 8 .. ,3,1.0;' 3 I.d.., .. 6,p, 30 Actuated g/C Rano 0 1 1 0.41 0.41 0.08 0.40 0 40 0.08 0.27 0.27 0.07 0.21 0.21 v %iUki3 zE +!_ ..,_ ";Q;Si 0,971 b..13. -, V 89 1... 0,43 >.. 0,09 Control Delay. 40.3 37.3 4.6 88.8 20.6 7.1 86.0 23.3 7.2 39.1 24.7 7.2 , Total Delay 40 3 37 3 46 20.6 71 860 233 72 391 247 7.2 t _868 . 0.89 ..A Base Capacity(vph). 227 2102 705 142 2050 652 142 944 611 135 755 432 Spatiaa;Gap Red`uetn `. ,_ 0 0:; 10.s ;! 0 s 1114 , Sp,llback Cap Reductn 0 .. 0 0 0 0 0 0 0 0 0 0 0 Sta MR, tap_Rsdubci; _., 4,..... . ',x0_, � 0 :0 i ,.,a Reduced v/c Ratio 0.46 r0 0.97 0.13 . 0.89 ,, 0.63 ,.0 , 0.04 .. _0` 0.87 .0 0.14 0.45 0.30 0.15 0.28 Cycle LeMth 75 Ao�ua "t�E`.Cy01'e °(ze�BGhrZ5,c1, . , ., Queue shown is maximum after two cycles. Splits and Phases: 14: Immokalee Road & Logan Boulevard of 1 It' o2 f� o3 -71" e4 10s 20a 10s ]35s 05 e6 ! 07 m8 10.s ;! 0 s 1114 s ': 31 s Synchro 6.0 Report. Page I NG 1/19/2006 I:1Proiects\ 809\ 80950 \Traffic \Synchro \80950_PMTOTAL.sy7 Vanasse & Daylor, LLP Agenda Item No. 8C � May 1 8, 2007 6f 216 Lanes, Volumes, Timings Miraspol"Fu 71fXt. 7: Immokalee Road & Mirasol Access AM TOTAL I'll, --- P. 4- k, '10. 41 Satd, Flow (prot 1770 5085 5085 1583 1770 1583 R_ " - ­',' 3,1,- "M q4bP_P.'_ Lane Grou Flow (vph) 67 1486 2154 45 Stars ?ian Cap cth 154 232 -In Spillback Cap Reductn 0 0 0 0 0 0 uct in F, ie _7_ Reduced Y/c Ratio 0.49 0.44 0.75 0.05 0.30 0.41 Protected Phases 7 4 8 6 a- ARM FW MW-i at" N-M _Y' Total Split 119 40.01. 320 32.0 20.0 20.0 ... .. . .. 96 9.6 Q' I .1 Actuated VC Ratio 0.08 0.63 0.55 0.55 0.20 0.20 4 _7 05 6 Control Delay 40.7 5.5 13.5 3.4 22.8 13.9 Total Delay 40.7 5.5 13.5 3.4 22.8 13.9 _2 N '7, A ... . .... . Approach Delay 7.1 13.3 17.4 � fichl Base Cap �aoty (Yph), 137 3398 2855 . . ...... . ... 909 521 563 Stars ?ian Cap cth O'� f ir'o -In Spillback Cap Reductn 0 0 0 0 0 0 uct in F, Reduced Y/c Ratio 0.49 0.44 0.75 0.05 0.30 0.41 Cycle Lengt 60 "7 7- a- ARM FW MW-i Queue shown is maximum after two pfits and Phases: 7: Immokalee Road & Mirasol Access All. m6 IR m8 20s 2s I Synchro 6.0 Report. Page I NG 1/19/2006 1:\Projects\809X60950ITraffic\Synchro\80950-AMTOTAL.sy7 Vanasse & Daylor, LLP Agenda Item No. 8C May 8, 2007 Lanes, Volumes, Timings Mira18`lgPJE'E5t216 7• Immokalee Road & Mirasol Access PM TOTAL .14 --,, .r._ 41, \► .n% satd. Flow ( rot 1770 5085 5085 1583 1770 1583 yy,�, 4k`, _ Rf.a .7 Satd. Flow (Qerm) 1770 5085 5065 1583 1770 f 583 Volu '' ame (vph) 220 1941 1361 147 82 123 ti ELL.. a'c2c.� =t Lane G¢Yr.oP$uA i � Flko4 w (ivtia p h) POs Rx i vx.:P2r3R9 V 2110 1479 w '1r 60 89 a, 134 , Protected Phases 7 4 8 6 x• n r. 4 .A Total Split (s) 15.0 39.0 24.0 24.0 21.0 21.0 MUS T9.. 7t Y ,:,' Actuated g/C Ratio 0.21 0.67 0.39 0.39 0.16 0.16 art :g 4 - - .._Q66,...D.6`o 0:3:1, 0.36 Control Delay 29.6 5.6 16.4 3.5 21 9 7.7 0,0 Total Delay 29.6 5.6 16.4 _ 3.5 21.9 7.7 Y A, AQProach Delay 8.1 15.2 13 4 2 .'%N' e Queue Length 50th (ft) 65 90 132 0 2a n' Spillback Cap Reductn 0 0 0 0 Reduced v/c Ratio 0.61 0.60 0.73 0.22 0 0 .- 0.17 0.24 393 ' o7 08 212 F 15 s 24 s Cycle Length 60 _ Queue shown is maximum after two SDilts and Phases: 7: lmmnkalea Rnad R M1,,,M Arr<oa 41 06 -0' o4 393 ' o7 08 212 F 15 s 24 s Synchro 6.0 Report. Page I NG 1/19/2006 1: \Projects1809 \80950 \TrafBc\Synchro \80950 PMTOTAL.sy7 Vanasse & Daylor, LLP - Agenda Item No. SC May 8, 2007 Lanes, Volumes, Timings Mira F& gpij bpEjtz 16 1: Immokalee Road & CR 951 AMBKGD 4N t /0 Satd. Flow prot) 1770 5085 2787 3433 5085 I, 1863 2787 1770 1863 1583 F R W%�� All Protected P hases 7 4 4 3 8 5 2 2 1 6 --h I Actuated I I - &/C Ratio 1. 0. . 05 0.22 0.22 0.22 0.43 0.43 '1-938 0.37 0.37 0.05 --;0.08 0.08 T 0: ik- . , 07, 0 21 Q 02 0 75 Total Delay 51.4 39.0 4.7 43.8 19.6 9,2 37.3 17.8 3.0 43,2 32.7 14.7 21s 1.-; 121 s D 0J, "'* 0 Cll AQproach Delay ,- 27.6 27.6 20.4 21.1 . . . ....... . Base Capacity,(Yph) 87 f 106 1001 747 2163 679 962 789 1631 �5 Star Z Y .0 6 Oka u6n� _0 Red . uced - v/ c Ratio 0.41 0.85 0.50 0.86 0.59 0.01 0.84 0.06 0.48 0.21 0.01 0.18 M'Tfg- 5, I L2 �221 I a Cycle Lepgth: 90 ni d Queue shown is maximum after two S lits and Phases: 1: Immokalee Road & CR 951 P \0 01 o2 Ir 03 1-v* o4 8s 40s 21s 1.-; 121 s '\ 05 14 06 "'* 0 08 26s I -: '_.22s JBs � : 34s Synchro 6.0 Report. Page I NG 1/19/2006 1:\Projects\8091 80950\Traffic\Synchro\80950-AMBKGD.SY7 Vanasse & Daylor, LLP Agenda Item No. 8C p May 8.r,2007 Lanes, Volumes, Timings MIraf0jW n g16 I: Immokalee Road & CR 951 AM TOTAL Satd. I 4r r dl a„,, 1?.7)57"s0 l 50L� 8. ,.5 tr2-+p 7 87 3433 5#e085 I! x vy iary . t ,p1l 5 38c� t •3 E "Q3{443°03 q t z,186il3 ' Y 27-8t 7 x 11 770 : 1:: �8a 6 3 1585 3 ��Pf 7 t r - . : Satd. Flows 1770 5085 207/877 34,333 5085 1583 3433 1863 2787 1770 1863 1583 //perm) iS�Ai)1, vol um v h 33 915 560 594 1188 8 773 42 719 17 3 62 r •....vry CFVb.I 9x ,92_'t ��-092�,., Lane Group Flow (vph) 36 995 609 646 1291 9 840 46 782, 18 3 67 v fi Y _ .. . ` Peofi y' .Praka -' ROTH Protected Phases 7 4 4 3 8 5 2 2 1 6 20s Base Capacity, (vph) Total Split (s) 80 220 220 210 35.0 350 270 390 390 80 200 200 71EfeSCn,,ged'(s).:''. Actuated g/C Ratio 0.05 0.22 0.22 021 0.43 0 43 0 26 0.37 0 37 0 05 0.08 0 08 ,. ,. :.. r..v. v 0.01_�c Control Delay 534 402 47 472 200 94 388 180 30 444 340 151 0,0 . f, 0:0 3. +0 A0. Dd }.. ^0i? DD 0.0,' .,'D,0 m.Q Total Delay .,i/A 534 402 47 472 20,0 94 368 180 30 444 340 15.1 -- Internal Link Dist fit)_ 4080 T► m4 3560 21s ?-1122 870 05 2125 r. fiuro 4— 08 20s Base Capacity, (vph) 85 1 143 1099 728 2175 682 981 767 1606_,- 84 332 338_ 8taivatianap_i eductn A.. 0 0 0 i 0 0 -!- A. Splllback Cap Reductn .. _ 0 0 0 .,_' 0 0 0 , 0 0 0 0 0 0 Su+rage�Cap R"etlucer 0 ': 0 u; _0 q Reduced v/c Ratio 0.42 0.87 0.55 , , 0.89 0.59 0.01 0.86 0.06 0.49 0.21 0.01 0.20 .: Cycle Length 90 . 7, Analysis Period (min)_15 F pSFh.Rs &ent la -volu �e exc "ee'tlF papmty,:qu�us may 6alonger . .. r0 , ._.> ztt Queue shown is maximum after two cycles. Splits and Phases: 1- Immokalee Rnad R CR 951 mt N m2 'i' m3 T► m4 8s is 39s :? 21s ?-1122 s 05 I �l 06 'A m7 4— 08 20s 8s 35s Synchro 6.0 Report Page I NG 1119/2006 I: \Projects\ 809\ 80950 \Traffic \Synchro \80950_AMTOTAL.sy7 Vanasse & Daylor, LLP Agenda Item No. 8C May 8, 2007 Lanes, Volumes, Timings MiraSPojb1t216 I: Immokalee Road & CR 951 ff PM BKGD Satd. Flow (prot) 1770 5085 2787 3433 5085 1583 3433 18x3 uci iiiv 11 iooa „o, . ....`.... ..__ . `. . F. :,+� '0 r� ON Q 5:i Es I Protected Phases 7 4 4 3 8 5 ,2 2 I Actuated g/C Ratio 0.09 0.28 0.28 0 26 0.47 0.47 0.17 0.29 0.29 .,_ 0.05 ,0 09 0.09 002:;085 051. ^JI ;p 2� -pQ 0 Internal Link Dist (ft) 4080 3560 870 2125 Turfk,BayrLengfh;`(ft):..- 250 450 25 , :p 250.;:: ..250'. o_.._.- ..___o..e...w� 100 ia1c ilec RRS 71fl7 751 590 582 1314 80 331 311. Reduced v/c Ratio 0.35 0.88 0.58 0.88 0.40 0.02 0.85 0.01 0.49 0.11 0.14 I'e'%iF?2[dllelea; eft.,. L �:... 'irP_ &. _ ,- ...'- ,',J.,.n.u'Si.- i:;,.+ '�4`- 7M :�'. Cx Queue shown is maximum after two S ['t d Ph s• 1: Immokalee Road & CR 951 s an ` `► 01 *se . a P o2 ' m3 —4* o4 8s 30s = 25s 27s 05� 06 o7 08 18s , 20 13s _� 39s Synchro 6.0 Report. Page I NG 1/19/2006 I:1Projects18091B09501Traffic \Synchro \80950_PMBKGD.sy7 Vanasse & Daylor. LLP Agenda Item No. 8C May 8, 2007 Lanes, Volumes, Timings Miraf6jWLWL5t216 I: Immokalee Road & CR 951 PM TOTAL Satd.Flow perm), 1770 5085 2787 3433 5085 1583 3433 1863 2787 1770 1863 1583 �` i 4 {z ri .... Yri y .. &C' , " .um '" H Volume v h _ 62 1188 773 719 915 17 559 3 594 8 42 33 S8P a. i 'IIff`LBCttY,- _'a1'-""_.'iF +��i_s 0 . F"�.� �Q:�i Qr.'9ryi r.:,; +4�,ir.i� .Oe32 ks� `0��.`"! -�1 g'2._.. "0'2�' try q2u,` 4Q 9-2 Lane GrouB flowa,{yph) 67 1291 840 782 995 18 608 3 646 9 46 36 .'GYP m .� r., OEOt} Protected Phases 7 4 4 3 8 5 2 2 1 6 x TocalSRIlt 130 260 260 240 370 370 200 320 320 80 200 200 Total Delay 422 441 42 496 175 74 512 210 35 428 383 14.8 Allt AQproach Delay 28.8 31.4 26.6 29.5 a,C Queue Length 50th (ft) 32 235, 0 201 131 0 157 1 0 4 22 0 #323, _ .179.. !13, 'y1k262 ;B =43 Reduced v/c Ratio 0.35 0.94 0.61 0.93 0.44 0.03 0.90 0.00 0.47 0.11 0.14 0.12 navkcvua u .n..0 uur - gy�$pm('�:r� �:,_. ei„warns Cycle Length 90 F .1giiPd.YC�e��+e0'RCh,{81.S:.x. S,;.r. n Lek °.,, _ .__ �i n,_.. . 7, .. ., Queue shown is maximum after two cycles. S lits and Phases: I: Immokalee Road & CR 951 �A �o2 o3 *o4 k-,4--1132s : 24s ': 26s " ,88 05. - - vl. 06 o7 i= e8 Os .�..13s_ I ff-11 37s I s Synchro 6.0 Report, Page I NG 1/19/2006 I: \Projectsl809l 80950 \Traffic \Synchro \80950_PMTOTAL.sy7 Vanasse & Daylor, LLP Agenda Item No. 8C May 8, 2007 Lanes, Volumes, Timings MirasOPPPA3 j4.216 5• Vanderbilt Beach Road & CR 951 A11BKGD A Satd. Flow (prot 3539 1583 1770 3539 1583 3433 5085 IN puce 13th _1770 W- Satcl. FloO.R.20L."'. ..... . 1,770 3539 1583 1770 3539 1583 3433 5085 "'A 1583 1770 5085 1583 Volume 225 113 241 36 so 59 126 596 33 30 735 148 QQ�!q , , -0,9 T - , , R WW Lane Group Flow (yp 245 123 262 39 54 64 _137 648 36 33 799 161 TF4 P iff]" - ROM Protected Phases 7 4 3 8 5 2 1 6 pep�iirFe €`has "a Tw- "v- A 1* _I Actuated 7/C Ratio 0,19 0.25 0.25 0.10 0.14 20s 0.14 0.09 0.43 0.43 0.08 0.35 ---0.35 20s, I 112S 14 4-,-, -d,`474 2f� �,,n 0., -`V 0� 23 5, "n Control Delay 38.9 15.1 5.7 25.5 19.3 82 2711 11.1 6.0 27.1 13.9 4.3 RY 4, . Total Delay 38.9 15.1 5.7 2S .S 19.3 8.8 27.2 11.1 6,0 27.1 13.9 4.3 --ID 7 �-A B-. A] -`C s9 Approach Delay 20.4 1 7-16.5 13.5 12.8 R. Queue Length 50th 68 Wj --.46,. 0 Io 7 T: �4 72 1.-1914.--- 38 26, 44 6 B7-- 0 -: 4 1 9 67 0 Internal Link Dist (ft) 1 148 672 5360 1447 R, Base Capacity (Yph) 331 1310 751 180 986 487 306 2187 701 146 1906 694 SO g' U 0 SpIllback Cap Reductn 0 0 -0 0--- 0 0 -.0- .. 0 0 0 .0 -zo J Reduced Y/c Ratio 0.74 0.09 0.35 0.22 0.05 0.13 0.45 0.30 0.05 0.23 0.42 0.23 Cycle. �qgh: ti 60 ',�e� �ftkhS4 .04 Queue shown is maximum after two cycles. C-h- -A ph 5 V d H, Beach Road & CR 951 M1 o2 o3 z4 Bs 20s 9s 23s '\ 05 4 o6 / * o7 1 08 8s 20s, I 112S 20s 7771 Synchro 6.0 Report. Page I NG 1/19/2006 1:\Projects1 8091 809501 Tra01c\Synchro\80950-AMBKGD.SY7 Vanasse & Daylor, LLP Agenda Item No. SC May 8, 2007 P gp&g2 16 Lanes, Volumes, Timings MiraO t. 5: Vanderbilt Beach Road & CR 951 AM TOTAL Satd. FIRANRI� 1770 3539 1583 1770 3539 1583 3433 5085 1583 1770 5085 IS83 0.25 n-. !gl ab W -t"na-i-15 p Satcl. Flow 1perml 1770 3539 1583 1770 3539 1583 3433 50:. 8 5 1583 17i 7 0 5, 08£ 5 1583 l SWIFSW�WK% It volume y"hj 234 113 241 36 so 59 126 612 33 30 792 180 n Lane Group Flow (vph) 254 123 262 39 54 64 137 665 36 33 861 196 A go Actuated g/C Ratio 0,18 0.25 0.25 0.10 0.14 0.14 0.09 0.43 0.43 0.08 0.36 0.36 1: 4 H't 623 6 4 Z,0:28 � 2 Control Delay 42.2 15.3 5.8 25.7 19.5 8.8 27.6 11.0 6t0 27.4 14.0 4.1 O3uaueAalzq E, M -4- r . -04 DID, 19181,Pelay 42.2 15.3 5.8 25.7 19.5 8.8 - 27.6 , ,�: 11.0 6.0 27.4 14.0 4.1 t A'-' Approach Delay 22 16.7 13 .5 12.6 roac ._ Queue Length 50th ....... . ... 74 12 0 1 1 7 0 20 39 0 9 74 0 ---ttt 1 z -2 i6, -I, �7a-'-, t9l) I 169 -4- :�.I 2�3 tito Internal Link Dist (ft) I 148 672 5360 1447 - 45 450. 4 1 4 ': r 11-2ol Reduced v/c Ratio 0.78 0.09 0.35 0.22 0.06 0.13 0A5 0.30 0.05 0.23 0.45 0.27 , 2 20s Ss M -f Cycle Len q!: 60 77 - T --- ------ tz K- Nor R R- W, P! 1: 4 Aqti.sls Period (mm). 15 - Mrne, , amee d s.'capacityquoue may 1st onpr.,7t r"t Queue shown is maximum after two cycles. Splits and Phases: 5: Vanderbilt Beach Road & CR 951 01 m m2 i ir, 03 1 1-7* m4 , 2 20s Ss M -f Synchro 6.0 Report, Page I ING 1/19/2006 I:kProjects\809\80950\ Traffic\Synchro\80950-AMTOTAL.sy7 Vanasse & Daylor, LLP Lanes, Volumes, Timings Agenda Item No. 8C May 8, 2007 MiJaPPJ659�16 5: Vanderbilt Beach Road & CR 951 PM BKGD Satd. Fig rot 1770 3539 1583 1770 3539 1583 3433 5085 1583 1770 5085 1583 -En FI ,- 4F , 1 Oti,i + :arm, i,4JP, AR: {� 3'ii ,e .k =�4. ' G0,9�SI 1 mS `� 06 '# o7 er 1770 Satd.flow (pm) 3539 1583 1770 3539 1583 3433 5085 1583 1770 5085 1583 ,_ 1 5�`wt1F�s�; ` � �(a`, ` ��' `s ,_'23� Volunj'yph) 147 50 126 33 113 30 241 732 36 59 581 217 TIP Lane Grow (vPh) 160 54 137 36 123 33 262 x ,.,sue ---*_ `_.�msr 796 39 64 632 236 itsart�,,, Tyr[li"Trypg: ,a,:.:r. .� ..,,., P.Pa },.��.,�F9rtn..,.;Rrat1 IFerin„L..,Pr6t _,:.a.,uPerinS,Prot. ..r .,EF,ai"tti Protected Phases 7 4 3 8 5 2 1 6 s,i?; ,, Total Split (s) 10.0 21.0 21.0 9.0 20.0 20 0 9.0 22.0 22.0 8,0 21.0 21.0 ,s Actuated Ratty 0 12 0.24 0.24 0.09 0.14 0.14 0.10 0.43 0.43 0.08 0.34 0.34 v /cgafac ,vcu,,,,:.i :• =:: -074 ,`O.O.G :0:215 Ory13_ 075,.,:DF36 0.06? 0.'7 ,:035, :9.34 Control Delay_, 45 9 153 6.2 25.5 19.6 9.6 38.0 12.0 5.2 35.7 13.8 4.0 ............... 0,0. . , 0:0: O.DI .,._ 0.0 ,' Ok0 0 0 �+ D.0 . ,0.0 ,0.0':x. 0.0, . ,-D.Q... ,,�''0 Z. Total Delay _. 45.9 15.8 6.2 25.5 19.6 9.6 38.0 12.0 5.2 35.7 13.8 4.0 A..,:.. :Q _ <B A:' rD iE.B. A Approach Delay 25.8 19.0 .160 -, _128 Queue, Length 50th (ft) 43 4 0 9 is 0 36 64 0 17 51 0 Internal Link Dist (ft) 1148_ 672 5360 1447 furn'Bay` I ehgtCf). ,_ . ; f275 14S 100 450 zs0 450 5 250 Base Capa gjvph)„ 215 1117 593 162 949 449 348 2272 729. 135 1939 750 Starr aJOttGap.Reduccn O ." ,D' _._ 0 Spillback Cap Reductn 0 0 0 0 0 0 0 0 D. _ 0 ._ 0 0 ,.,.. :Q� _ ,D. .. p •9 �,. 0`:', 0 :S. 0 1 .0 ` `, 0 , .= .0 Reduced v/c Ratio 0.74 0.05 0.23 0.22 0.13 0,07 0.75 0.35 0.05 0.47 0.33 0.31 Cycle Length 60 Queue shown Is maximum after two cycles. S fits and Phases: 5: Vanderbilt Beach Road & CR 951 Y 01 I Th o2 • o3 -v* o4 8s 22s e 9s 21a 1 mS `� 06 '# o7 t 08 _ 9 s 21 s - 11110s -' 20 s Synchro 6.0 Report. Page I NG 1/1912006 I: \Projects \809\ 80950 \Traffic \Synchro \80950_PMBKGD.sy7 Vanasse & Daylor, LLP Agenda Item No. 8C May 8,2007 Lanes, Volumes, Timings MiraF&9AJbPE1t216 5: Vanderbilt Beach Road & CR 951 PM TOTAL 4e 4-- 4- 4,\ t /1- Satcl. FloW 770 3539 1583 1770 3539 1583 3433 5085 1583 1770 5085 1583 'r I P! - GIc�C TA 101014- im Satd. Flow (perml 1770 3539 1583 1770 3539 1583 3433 5085 1583 1770 5085 1583 P, a 'M "'tt M-A Volumejv& 180 so 126 33 113 30 241 791 36 59 614 235 -9 faT81,0011 MMMK3MMM91-!S*1,5 - - '-p �09' 4Y" . gz, Lane Group, Flow (vphl 196 54 137 36 123 33 262 860 39 64 667 255 22s '\ 05 06 07 1 08 Protected Phases 7 4 3 8 5 2 1 6 7UA Ni Total Split (s) 11.0 22.0 22.0 9.0 20.0 20.0 9.0 21.0 21.0 8.0 7-- 20.0 20,0 0 7 �AZ Mv, ��l Actuated FIC Ratio 0.14 0.26 0.26 0.09 0.14 0.14 0.10 0.42 0.42 0.08 0.33 0.33 2 5 10' 0 - W 47-a.24'40 . --D Control Delay 46.2 15.5 6.0 26.0 20.3 9.7 38.4 12.8 5.4 36.3 14.7 4.2 NO X-DPr r D Total Delay 46.2 15.5 6.0 U.0 20.3 9.7 38.4 12.8 SA 36.3 14.7 4.2 'L - -,,' ' -1- - ". Approach Delay 19,5 18.3 13.4 APRroach 1051 .a: ­;-c Reduced v/c Ratio 0Y7 0,05 0.22 0.22 0.13 OW 0,75 0.40 0.06 0.47 0.38 0.36 Cycle Length: 60 MWIM", MIM M t . ...„ >.. - MOM Analysis Period (min) 15 k? Queue shown is maximum after two cycles. Solits and Phases: 5: Vanderbilt Reach Road & CR 951 \v. 01 m2 ' 03 I-Z* o4 OS - 21 s 19S 22s '\ 05 06 07 1 08 9s -120 s s M20s Synchro 6.0 Report. Page I ING 1/19/2006 I:kProjects\8091 80950\Ti-affic\Synchro\80950-PMTOTAL.sy7 Vanasse & Daylor, LLP !, I �J l4 fif �W egg F E8! 55! d� Agenda Item No. 8C May 8, 2007 1raQeI1,31 51216 kE; a tit ODFF g €a a b g gyfS gill C GBpp tx�w N N ,b# it #� h h #i 4 8� Ee= ygg�gfig I lll � $ 4 pb€ d �f 4n �Oae»a81 I I o ��III a !, I �J l4 fif �W egg F E8! 55! d� Agenda Item No. 8C May 8, 2007 1raQeI1,31 51216 kE; a tit ODFF g €a a b g gyfS gill C GBpp tx�w N N ,b# it #� h h #i 4 8� Ee= ygg�gfig ffiE� F ee R eC! pb€ d �f 4n W Agenda Item No. 8C May 8, 2007 Page 138 of 216 Topic # 625- 000 -015 May - 2002 Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways FIGURE 3 -15 TYPICAL STORAGE LANE Left Turn Storage Lane (Similar Arrangement For Right Turns) Medlen c Openin Taper Length Braking Distance Queue Length — I Vic, 12' Storage Lane noff - Through Lane ani _ _ I Through Lane Taper Or Reverse Curve Stop control storage utueue Length - Unsignalized Intersections Turning Vehicles Per Hour 30 60 100 200 300 Required Storage Length (FEET) 25 50 100 175 250 At signalized intersections, the required queue length depends on the signal cycle length, the signal phasing arrangement, and rate of arrivals and departures of turning vehicles. In absence of a turning movement study, It Is recommended that 100 ft, of queue length be provided in urban /suburban areas and 50 ft of queue length be provided In rural /town areas as a minimum. Taper Length And Braking Distance (FEET) Highway Design Speed (MPH) Storage Entry Speed* (MPH) Taper Length Brake To Stop Urban ** Rural * ** 35 25 70 75 40 30 80 75 - -- 45 35 85 100 - -- 50 40/44 105 135 215 55 48 125 - -- 260 60 52 145 - -- 310 65 55 170 - -- 350 * Reaction Precedes Entry ** Minimum Braking Distance, Wet Conditions * ** Customary Braking Distance, Wet Conditions „� .,,' U. i"" ivay ua if piece ui or in aamuon to aeceieration length (See Section C.9.c.3). Geometric Design 3 -85 Agenda Item No. 8C TRAFFIC SIGNAL WARRANT SUMMARY Page 4 of City: Naples Engineer: N. G. County: Collier County Date: January 20, 2006 Major Street: Immokalee Road Lanes: 6 Critical Approach Speed: 45 Minor Street: Main Access Mlrasoi Res. Development Lanes: 2 Volume Level Criteria 1. Is the critical speed of major street traffic> 70 km /h (40 mph) ? ® Yes ❑ No 2. Is the intersection in a built -up area of Isolated community of <10,000 population? ® Yes ❑ No If Question 1 or 2 above Is answered "Yes ", then use "70%" volume level 19170% ❑ 100% WARRANT 3 - PEAK HOUR Applicable: [91 Yes ❑ No If all three criteria are fullfilled or the plotted point lies above the appropriate line, Satisfied: ® Yes ❑ No then the warrant is satisfied. Plot volume combination on the applicable figure below. Unusual condition justifying use of warrant 600 Record hour when criteria ore fulfilled and the corresponding delay or volume in boxes provided. Peak our I AM Criteria 1. Delay on Minor Approach *(vehicle•hours) Approach Lanes 1 2 Delay Criteria• 4.0 5.0 Delay' 3,874 1003.8 Fulfilled?: [g] Yes ❑ No 2. Volume on Minor Approach "(vehicles per hour) Approach Lanes 1 2 Volume Criteria' 100 150 Volume' 3,874 205 Fulfilled?: ❑x Yes ❑ No 3. Total Entering Volume '(vehicles per hour) No. of Approaches 3 4 Volume Crhens. 650 800 Volume' 3,874 Fulfilled ?: Yes ❑ No Souroe. Revised from NCHRP Repon 457 A 500 s � a 400 w rc 6 � Q 300 o :J 0 200 4 100 0 •150 -100 400 500 600 700 BOO ON IODO 1100 1200 1300 1400 1500 1600 1700 1800 MAJOR STREET -TOTAL OF BOTH APPROACHES - VPH *Ni 150 vph applies as the lower threshold volume for a minor shoof approach with two or more lanes and 100 vph applies as the lower threshold volume threshold for a minor street approach wRh one lane. FIGURE 4C -4: Criteria for "70%" Volume Level 500 400 300 200 - 100 0 0 200 400 600 600 1000 1200 140) .Note: 100 vph epprres as the lower threshold volume for a minor street approach with has ormore lanes and 75 vph applies as the lowerthreshold volume threshold for a mirror street approach with one fare. PUDEX- 2006 -9124 Project: 19990012 Date: 416106 Heidi Williams MIRASOL Agenda Item No. 8C May 8, 2007 ResubmittWPge 140 of 216 SEC 10, 119 15, & 22, TWP 48S9 RNG 26E COLLIER COUNTY, FLORIDA Listed Species Survey Summary Updated March 2006 PREPARED BY: TURRELL & ASSOCIATES, INC. 3584 EXCHANGE AVE. SUITE B NAPLES, FL 34104 Agenda Item No. 8C May 8, 2007 Page 141 of 216 NIIRASOL Sections 10, 11, 15,& 22, Township 48 South, Range 26 East, Collier County. Threatened and Endangered Species Survey Updated March 20, 2006 I. INTRODUCTION The proposed Mirasol project encompasses a total of approximately 1,713 acres in four sections of northern Collier County north of CR 846 and east of Interstate 75. A residential and golf course community is planned, with access to be provided from Immokalee Road (CR 846) along the southern property boundary. Most of the southern two sections were historically mowed and continue to be used as cattle pasture. Altered sheet flows, originating from the north and east currently back up at the Cocohatchee Canal outfall and flood the property on an annual basis. This has led to unchecked proliferation of meWeuca across the entire property that has depressed wildlife utilization of the area. To characterize surrounding land use, a large residential development is under construction to the north of the property while lands to the east consist of undeveloped parcels, a mitigation parcel, and several single - family home - sites. Further to the east, another large residential project is under construction. The properties to the west of the subject parcel consist of the permitted (but not yet under construction) Parklands development (north), the proposed Tcrafina (central) development, and the existing Oldc Cypress (south) development. The southern property boundary abuts the drainage easement and Cocohatchee canal alongside of lmmokalee Road (CR 846). To consider potential effects of the proposed project on any state or federally listed species that may utilize the property for feeding/foraging and /or nesting, a Threatened and Endangered Species Survey was originally performed in 2000 and 2001. Subsequent site visits and surveys have kept the document current. This report summarizes the results of the subsequent survey activities that have continued to date on the subject property. 11. METHODOLOGY Prior to any wildlife survey, careful consideration is given to the habitat types in question and species that are known to utilize such areas. Before any survey is carried out a number of publications and references are consulted. These include: The Official Lists of Florida's Endangered Species, Threatened Species and Species of Special Concern, dated August 01, 1997, Florida Fish and Wildlife Conservation Commission (FWCC) Wildlife Methodology Guidelines and the Florida Natural Areas Inventory (FNAI) for Collier County. The basic objective of any wildlife survey is to obtain evidence that a listed species is using the subject site. The site may comprise a primary or secondary feeding /foraging or nesting zone or merely be adjacent to those sites for a particular listed species. As many species of concern in Florida are cryptic /camouflaged and /or nocturnal /crepuscular, patience and sufficient time must be devoted to the survey. Aerial photos and FLUCCS mapping are consulted prior to arriving on -site and a system of meandering transects is followed throughout the subject area. The most recent field study traversed the entire site in a series of transects spaced approximately 400 feet apart. Agenda Item No. 8C May 8, 2007 Page 142 of 216 MIRASOL Sections 10, I I, 15, & 22, Township 48 South, Range 26 East, Collier County. Threatened and Endangered Specles Survey Updated March 20, 2006 Fieldwork has taken place from June 1999 to March 2006 and more than 1,000 hours have been spent on site devoted to wildlife survey. In addition to the transects, drift fence and pit trap sampling, track count surveys, tree basal area surveys, and fish sampling has been conducted, A slow pace along transects was maintained, stopping every few minutes to look and listen for movement or calls of any animal. Indirect evidence such as rootings, scrape marks, nests, cavities, burrows, tracks and scat were looked for and duly noted. Drift fences and pit traps have been set up during the dry season to sample for small mammals and amphibians. Essentially a cross is formed with silt fencing and buckets are buried along the fence even with the ground level. Small animals travel and are guided along the fence where they then fall into the buckets. Track counts involve the monitoring stretches of sandy areas for animal tracks that cross those areas. Based on the number of tracks that completely cross the area over a given period of time, population indices can be calculated. Fish sampling is conducted with both throw traps and acrylic funnel traps during the wet season. Number of fish and number of species is collected in order to calculate both diversity and density of fish populations across the site. Between all of these surveys, a year -round presence on the property has been maintained for the last several years. Species observed during the monitoring are included below. III. RESULTS AND DISCUSSION A list of all wildlife species observed on or adjacent to the site is provided below. Common Name Scientific Name Fish and Aquatic Invertebrates Mosquito fish Gambusia affinis Least killifish Heterandria formosa American flagfish Jordanella floridae Golden topminnow Fundulus chrysotus Sailfn molly Poecilia latipinna Sunfish Lepomis spp, Walking catfish Clarias batrachus Florida gar Lepisosteus platyrhincus Unidentified cichlids Grass (Ghost) shrimp Crayfish Dragonfly nymphs Reptiles & Amphibians Southern toad Green treefrog Eastern narrowmouth toad Florida tooter * Florida soft- shelled turtle Green anole Southeastern five -lined skink Banded water snake Black racer Garter snake Dusky pygmy rattlesnake Water moccasin Birds Anhinga * Snowy egret Cattle Egret Tricolored heron Little blue heron Green - backed heron White ibis * Wood Stork Nighthawk Cattle egret Mourning Dove Ground Dove Red - bellied woodpecker Pileated woodpecker Downy woodpecker Bluejay Cardinal Carolina wren Grackle Wild Turkey Red shouldered hawk Northern Harrier Turkey Vulture Palm warbler Mockingbird Grey catbird Killdeer Brown Thrasher Agenda Item No. 8C May 8, 2007 Page 143 of 216 MIRASOI, Sections 10, 11. 15, & 22, Township 48 south, Range 26 East, Collier County, Threatened and Endangered Species Survey Updated March 20, 2006 Bufo terrestris Hyla cinerea Gastrophryne carolinensis Pseudemys floridana Apalone ferox AnOlis carolinensis Eumeces inexpectatus Nerodia fasciata Coluber constrictor Thamnphis sirtalis Sistrurus millarius barbouri Agkistrodon piscivorous Anhinga anhinga Egretta thula Bubulcus ibis Egretta tricolor F,gretta caerulea Butorides striatus Eudocimus alb us Mycteria americana Chordeiles minor Bubulcus ibis Zenaida macroura Columbina passerina Melanerpes carolinus Drycopus pileatus Picoides pubescens Cyanocitta cristata Cardinalis cardinalis Thryothorusludovicianus Quiscalus quiscula Meleagris gallopavo Buteo lineatus Circus cyaneus Cathartes aura Dendroica palmarum Mimus polyglottos Dumetella carolinensis Charadrius vociferus 7oxostoma rufum Agenda Item No. 8C May 8, 2007 Page 144 of 216 MIR1SOL Sections 10. 1 t, 15,&22, Township 49 South, Range 26 East, Collier County. Threatened and Endangered Species Survey Updated March 20, 2006 Blue -grey gnatcatcher Polioptila caerulea White Eyed Vireo Vireo griseus Unidentified warblers Mammals Nine - banded armadillo Marsh rabbit ?? (scat) Fox Squirrel Raccoon (tracks) White- tailed Deer Bobcat Black Bear (tracks) Dasypus novemcinctus Sylvilagus palustris Sciurus niger Procyon lotor Odocoileus virginianus Lynx rufus Ursus americanus,Jloridanus Observed on adjacent properties or flying overhead. During the survey period Wood storks were observed perching on trees near the southern access as well as feeding along the canal to the south of the property and within a pasture area to the west of the property. Fox squirrels have been observed on several occasions moving among trees adjacent to higher quality cypress communities. Bear tracks have been observed on a dirt road to the east of Section 10 and along the fence line between Sections 10 and 15. A list of species that would be expected to occur on the subject site can be given through analysis of known vegetative communities both on -site and contiguous to the site and available background data. Sources include the Fish and Wildlife Service Multi Species Recovery Plan, Part 2, Appendix C, Species of Concern and their Respective Community Types in South Florida, in addition to communication with personnel at state and federal wildlife agencies. Vegetative communities are presented by FLUCFCS code with numbers in accordance with the supporting map together with potential wildlife species. Consideration of the suitability and likelihood for a given community to support a particular species is given in light of adjacent and contiguous land uses. Abbreviations used in the discussion are as follows; F = Federal S = State E = Endangered T = Threatened SSC = Florida Species of Special Concern C = Federal Candidate *= FWS Species of Management Concern R = Rare Agenda Item No. 8C May 8, 2007 Page 145 of 216 ,L1IRASOL Sections 10, 11, 15, & 22, Township 48 South, Range 26 East, Collier County. Threatened and Endangered Species Survey Updated March 20, 2006 FLUCFCS CODE 4111424: Slash Pine Flatwoods / Melaleuca Appendix C lists the following potential species within the community type Mesic Pine Flatwoods; Florida Weasel (Mustela frenaata peninsulae, R), Big Cypress Fox Squirrel (Sciurus niger avicennia, *), Florida Black bear (Ursus americanus floridanus, FC, ST), Florida Panther (Puma concolor coryi, FE, SE), White Ibis (Eudocimus albus, SSC), American Kestrel (Falco sparverius paulus, *, ST), Sandhill crane (Grus canadensis pratensis, ST), Bald eagle (Haliaetus leucocephalus, FT, ST), Red cockaded woodpecker (Picoides borealis, FE, ST), Audubons crested caracara (Polyborus plancus audubinii, FT, ST), Eastern Indigo snake (Drymarchon corals couperi, FT, ST), Gopher tortoise (Gopherus polyphemus, ST), Eastern Beard grass skipper (Atryone arogoss arogos, *). Of the above species, the Big Cypress Fox Squirrel, Florida Panther and Black Bear were highlighted by the US Fish & Wildlife Service (FWS — Andy Eller) as potentially occurring on this site or utilizing portions for range or feeding grounds. A Red - cockaded woodpecker study was required by FWS on the property. No RCWs were observed during an adjacent property survey or during the Threatened and endangered species survey or RCW survey of this site. Due to the nature of the vegetation and dense melaleuca mid -story vegetation, none are expected. Wood Storks (FE) were also highlighted as potentially utilizing the site because of the wet nature of the existing conditions. Typical habitat required by the Big Cypress Fox Squirrel consists of mature open slash pine adjacent to cypress forests. The majority of the property does consist of pine flatwoods, however melaleuca infestation is heavy throughout. FL UCFCS CODE 643: Wet prairie Appendix C lists the Cape Sable seaside sparrow (Ammodramus maritimus mirabilis, FE, SE), Tricolor Heron (Egretta tricolor, SSC), Snowy Egret (Egretta thula, SSC), Little Blue Heron (Egretta caerula, SSC), White Ibis (Eudocimus albus, SSC) as species that may utilize this vegetative community. FL UFCS CODES 62114241624: Mixed Cypress /Melaleuca/Pine Listed species potentially observed within this classification include the following: Ivory Billed Woodpecker (Campephilus principalis, FE, SE) and Wood Stork (Mycleria americana FE). No sightings of the Ivory Billed Woodpecker have been verified on the US mainland in recent years except for a potential sighting in Arkansas last year, Wood storks were observed as described earlier in this report. 4 Agenda Item No. 8C May 8, 2007 Page 146 of 216 MIRISOL Sections 10, 11. 15, & 22, Township 48 South, Range 26 Enst, Collier County. Threatened and Endangered Species Survey Updated Match 20, 2006 The hydrology of the site has been altered by upstream and downstream activities resulting in greatly elevated water levels during the wet season, This, combined with the former pasture mowing done on the site has led to a proliferation of exotic infestation. All of these regions have been impacted to varying degrees by the invasion of exotic plants, primarily Melaleuca, thus the ability to support viable populations of listed species is reduced. IV. SUMMARY The existing condition of the subject site is a heavily exotic infested, hydrologically altered, reduced viability property. Special interest in the property as Florida panther habitat was brought up in initial conversations with agency personnel. Investigation of the site in the course of this study has shown that the property offers, at best, limited use potential for the panther due to the exotic infestation, seasonally unnaturally high water levels and the distance from an established `core area' of the panther. The site forms essentially a cul -de -sac at the outer limits of potential panther ranging towards North Naples. It is surrounded on three and a half sides by existing or proposed development. According to the Florida Fish and Wildlife Conservation Commission, the closest known panther is an uncollared animal that ranges into Bird Swamp Rookery approximately three miles to the northeast. Telemetry data from the Conservation Commission shows that a collared panther ( #92) was located immediately adjacent to the project site in 2001. The subject property offers a limited prey base, limited denning opportunities due to the exotic vegetation and annually elevated water levels across the site, and no through connectivity to other panther areas. Development of the subject site is not expected to result in detrimental impacts to state or federally listed wildlife species, primarily because past use patterns, surrounding activities, and altered hydrology, as outlined above, have reduced the sites' ability to support populations of listed species. In 2005, the U.S. Fish and Wildlife Service issued a Biological Opinion for the proposed project. In the Opinion they stated that the project would not jeopardize the existence of wood storks or panthers. They also opined that the project may secondarily impact wood storks by eliminating potential forage base due to the proposed wetland impacts. Their opinion was that 47 wood storks nestlings could potential be "taken" by the project due to the loss of potential foraging habitat. The property does have the potential to support several listed species, as well as a host of non - listed resident and transient species. Preservation and enhancement of an extensive on -site preserve will increase the usefulness of the property as feeding/foraging areas for all species currently utilizing the site and should also attract several others that are not currently utilizing the site. Proper management of the preserve areas, coupled with the size of the preserve, and the limited access should serve to create an area of great use to several local listed species. Wood storks will gain valuable forage area from the open exotic free areas. Fox squirrels will benefit from more natural hydrology and re- establishment of the pine flatwoods community. Red - cockaded woodpeckers may find the site favorable to set up a colony in the preserve once all of the melaleuca has been removed and a midstory maintenance program has been established. Bears and Panthers 0 Agenda Item No. 8C May 8, 2007 Page 147 of 216 MIRASOL Sections 10, 11, 15, & 22, Township 48 South, Range 26 East, Collier County. Threatened and Endangered SpectesSurvey Updated Merah 20, 2006 would have access to a large secondary forage area that, with the removal of the exotic vegetation, will provide a more varied and stable forage base. Because of the potential for listed species utilization of the property, Habitat Management Plans will be coordinated with FWS and FFWCC. These plans may call for site - specific management activities to take place that will improve habitat value for the target species. These practices may include periodic burning, planting plans, midstory vegetation removal, or other management practices. The plan or plans will be provided as the details are coordinated and finalized with the relevant agencies. 41 � cem o. May 8, 2007 s 148 of 216 7 I EIIDEX- 2006 -AR -9129 REV.J m' PROJP,CTNI9990012 nm ... W DATE: RIIS 106 a ".. f CAROLINA VALEDA -: BLACK BEAR (TRACKS) �1� �,o\ FLORIDA PANTHER (TELEMETRY POINT) r , FOX SQUIRREL * NEST Tll'/ SNOWY EGHE I' X WHITE IBIS 14 WOOD STORK —� UPLAND AREAS (APPROX, 286.88 AC.] LISTED SPECIES SIGHTINGS MAP WI PUD OVERLAY WETLANDAREAS IAPPROX, 1,426A1 AC.] 7 I m' RE�7 �YyY nm ... W N w E a ".. f -: 8 A&WCIA T64A. �1� �,o\ 0 609 1,209 3,1W I slog r , Tll'/ _. t.l. �'-Ot'R -9 s EE MEWT=09DPEW1rt1Mwlt u MI9MIE NOiIMW9E0FOROJNETRW1tONU9E, > .MT AV UUE. MEMWROMIIlAT6A9NO BLMRV MTAAVNUELE, m' RE�7 �YyY •n�en -: 8 A&WCIA T64A. M 1 RAS O L N/A t.l. '9416 —� ynlaaa>n °s;,;a„ LISTED SPECIES SIGHTINGS MAP WI PUD OVERLAY �•,._ „m. May 8, 2007 Page 149 of 216 REV. J PUDEX- 2006 -AR -9124 PROJECT M19990012 I)ATE: 811906 CAROLINA VALERA SECTION 11 ACREAGES UPLAND AREAS [A6% EXOTICS] (16.96 AC.) ® (el) 0.25 %EXOTICS[35.34WETIANDAU.] - (e2) 26.50 %EX0TICS[7.37WETLANDA0.]' 0 (E3) 51 -75 % EXOTICS [25.62 WETLAND AC.1 ® 76400% EXOTICS 174.49 AC) WETLAND (70.61 AC.) UPLAND (3.66 AG.) P.U.D. ACREAGES UPLAND AREAS [476% EXOTICS] (221.5 AC.) (el) 0.25 % EXOTICS 102.96 WETLAND AC.1 - (e2) 2640 %EXOTICS 1161.76 WETLAND AC.1 Q 1e3) 51.75 %EXOTICS [333.07 WETLAND AC.1 - 76- 100 %EXOTICS[759.29ACI WETLAND (719.66 AC.) UPLAND (39.63 AC.) 1 i i l I DTFB – n ePA{{VIeEAREPORPEf OIW FVEl 0WLYH MWTIFREWEDFORCORBT" o ACR W 06 LAlCL1ATIONB fAE 4U6VEYDATAAVNLIEIE SS TIT 'lltlt6mlin R °� °R5: O 1- 9418 2 NSA tURRPI.L EA950CIAlei�IRG Rein k�W4b®seYl�cgoL.{ ���u�n M 1 RAS EXOTICS MAP 1 gen a item i,4o. du May 8, 2007 Page 150 of 216 SOP � Q OIA6 /.,A N94Hl.loF]fN ^_� " »� LISTED SPECIES SIGHTINGS MAP e.emn��ru.r. x ' n REV.) POIIEX- 2006 -AR -9124 - PROJECT 019990012 DATE: E115100 w CAROLINA VALERA BLACK BEAR (TRACKS) FLORIDA PANTHER (TELEMETRY POINT) FOX SQUIRREL NEST A SNOWY EGRET K X WHITE IBIS )v H WOOD STORK �. Q UPLAND AREAS [APPROX. 286.86 AC.) ���•••VVV111 X ^,�` _ Q WETLAND AREAS[APPROX. 1,426.41 AC.( / 4 „k Mww °479'K Jd H W *E B q wo 1,x00 x,400 _. , wuEre RIT P wmas MERN V Ea N[£A PRUCIICN ME. TA AVIJLIBLE. `� Cf SOP OIA6 /.,A N94Hl.loF]fN ^_� " »� LISTED SPECIES SIGHTINGS MAP e.emn��ru.r. A� 5'f�w0 - ay No. 8C �[ 8, 2007 SOU& FLORIDA WATER MANAGEMENT 7iaTRICT Page 151 of 216 ENVIRONMENTAL RESOURCE PERMIT NO. 11- 02031 -P DATE ISSUED: FEBRUARY 14, 2002 PERMITTEE: J D NICEWONDER JR (MIRASOL) 148 -B BRISTOL EAST ROAD, BRISTOL,VA 24201 PUDEX- 2006 -AR -9124 PROJECT #19990012 DATE: 2/14/06 HEIDI WILLIAMS PROJECT DESCRIPTION: AN ENVIRONMENTAL RESOURCE PERMIT TO AUTHORIZE THE CONSTRUCTION AND OPERATION OF A SURFACE WATER MANAGEMENT SYSTEM WHICH SERVES A 1713.7 ACRE RESIDENTIAL AND GOLF COURSE DEVELOPMENT AND THE CONSTRUCTION OF A 52.76 ACRE CONVEYANCE CHANNEL WHICH EXTENDS OFFSITE THROUGH THE ADJACENT WILDEWOOD LAKES AND OLDE CYPRESS DEVELOPMENTS. THE SYSTEM DISCHARGES TO THE COGOHATCHEE CANAL, PROJECT LOCATION: COLLIER COUNTY, SECTION 10, 15.22 TWP 489 AGE 26E PERMIT DURATION: See Special Condition No: 1. See attached Rule 40E -0.321, Florida Administrative Code. This Permit Is issued pursuant to Application No. 000518.10 , data May 1. 2000. Pernuttee agrees to hold and save the South Florida Water Management District and Its successors harmless from any and all damages, claims or liabilities which may arise by reason of the construction, operation, maintenance or use of activities authorized by this Permit. This Permit is issued under the provisions of Chapter 373 , Part N Florida Statutes (F.S.), and the Operating Agreement Concerning Regulation Under Part TV, Chapter 373 F.S., between South Florida Water Management District and the Department of Environmental Protection. Issuance of this Permit constitutes certification of compliance with state water quality standards where necessary pursuant to Section 401, Public Law 92 -500, 33 USC Section 1341 , unless this Permit Is Issued pursuant to the net improvement provisions of Subsectlons 373.414(1)(b), F.S., or as otherwise staled herein. This Pcmut may be transferred pursuant to the appropriate provisions of Chapter 373, F.S, and Sections 40E- 1.6107(1) and (2), and 40E- 4.357(1), (2), and (4), Florida Administrative Code (F.A.C.). This Permit may be revoked, suspended, or modified at any time pursuant to the appropriate provisions of Chapter 373. F.S. and Sections 40E- 4.351(1). (2), and (4), F.A.C. 7hls Permit shall be subject to the General Conditions set forth in Rule 40E- 4.381. F.A.C.. unless waived or modified by the Governing Board. The Application• and the Emtironment.al Resource Permit Staff Review Summary of the Application, including all conditions, and all plans and specifications incorporated by reference, are a part of this Permit. All activities authorized by this Permit shall be implemented as set forth in the plans, specificatlons, and performance criteria as set forth and incorporated in the Environmental Resource Permit Staff Review Summary. Within 30 days after completion of construction of the permitted activity, the Permlttee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual, pursuant to the appropriate provisions of Chapter 373, F.S. and Sections 40E -4.361 and 40E- 4.381, F.A.C. In the event the property is sold or otherwise conveyed, the Permittee will remain liable for compliance with this Permit until transfer is approved by the District pursuant to Rule 40E- 1.6107, F.A.C. SPECIAL AND GENERAL CONDITIONS ARE AS FOLLOWS: SEE PAGES 2 8 OF 11 (39 SPECIAL CONDITIONS). SEE PAGES 9 - 11 OF 11 (19 GENERAL CONDITIONS). FILED WITH THE CLERK OF THE SOUTH SOUTH FLORIDA WATER MANAGEMENT FLORIDA WATER MANAGEMENT DISTRICT DISTRICT, BY ITS GOVERNING BOARD ORIGINAL SIGNED BY: ON --JORIGINAL SIGNED Pi BY By PAULA MOREE DEPUTY CLERK ASSISTANT SECRETARY PAGE 1 OF 11 PERMIT NO ge�ia�j07 PAGE 2 OFPgge 152 of 216 SPECIAL CONDITIONS 1. The construction phase of this permit shall expire on February 14, 2007. 2. operation of the surface water management system shall be the responsibility of MIRASOL COMMUNITY DEVELOPMENT DISTRICT. The permittee shall submit a copy of the County resolution establishing the CDD pursuant to Chapter 190 F.A.C. concurrent with the engineering certification of construction completion. The resolution shall include language authorizing the CDD maintenance and operation responsibility for the Surface Water Management System, Flowway and Conservation Areas. 3. Operation of the flowway channel shall be the responsibility of Mirasol Community Development District. Any proposed amendment to the CDD documents which would affect the surface water management system or the maintenance of the channel must be submitted to the District for a determination of whether the amendment necessitates a modification of the Environmental Resource or Surface Water Management permit. The amendment affecting the surface water management system or the maintenance of the channel may not be finalized until any necessary permit modification is approved. 4. Discharge Facilities Basin: BASIN 1 1 -.2' W X 2.1' H RECTANGULAR NOTCH weir with crest at elev. 14.1' NGVD. 5 -5" dia. CIRCULAR ORIFICES with invert at elev. 13.4' NGVD. - 494 LF of 36" dia. REINFORCED CONCRETE PIPE culvert. Receiving body : Cocohatchee Canal Control elev : 13.4 feet NGVD. Basin: BASIN 2, Structure: 2 1 -44' W X 2.4• H RECTANGULAR NOTCH weir with crest at elev. 14.1' NGVD. 1 -8' -W X .6' H RECTANGULAR NOTCH with invert at elev. 13.5' NGVD. Receiving body : Upper Flowway Control elev : 13.5 feet NGVD. Basin: BASIN 2, Structure: 8 1 -24' WIDE SHARP CRESTED weir with crest at elev. 14.1' NGVD. 222 LF of 72" dia. REINFORCED CONCRETE PIPE culvert. Receiving body : Upper Flowway Control elev : 13.5 feet NGVD.. Basin: BASIN 2, Structure: 9 1 -32' WIDE SHARP CRESTED weir with crest at elev. 14.1' NGVD. 2 -72" dia. REINFORCED CONCRETE PIPE culverts each 271' long. _. Receiving body : Upper Flowway Control elev : 13.5 feet NGVD. Basin: UPPER FLOWWAY 5 11 7 PERMIT NO :ge �o is PAGE 3 oFPjW 153 of 216 1 -340' WIDE SHARP CRESTED weir with crest at elev. 13.5' NGVD. Receiving body : Lower Flowway Control elev : 13.5 feet NGVD. Basin: LOWER FLOWWAY 1 -35' W X 2' H RECTANGULAR NOTCH weir with crest at elev. 12.75' NGVD. 3 -72" dia. REINFORCED CONCRETE PIPE culverts each 326' long.✓ Receiving body : Cocohatchee Canal Control elev : 12.75 feet NGVD. 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. Measures shall be taken during construction to insure that sedimentation and /or turbidity problems are not created in the receiving water. 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. S. Lake side slopes shall be no steeper than 4:1 (horizontal:vertical) to a depth of two feet below the control elevation. Side slopes shall be nurtured or planted from 2 feet below to 1 foot above control elevation to insure vegetative growth, unless shown on the plans.. 9. Facilities other than those stated herein shall not be constructed without an approved modification of this permit. 10. A stable, permanent and accessible elevation reference shall be established on or within one hunded (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. 11. 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. The commercially available oil /water separator structure for the golf course clubhouse shall be maintained /cleaned as required by the manufacturer's recommendations, but no less than once per year. During periods of heavy rainfall and /or heavy traffic volume, the unit shall be cleaned more frequently. Maintenance/ inspection records shall be maintained and furnished to the District, upon request. 12. Minimum building floor elevation: BASIN: BASIN 1 - 16.70 feet NGVD. BASIN: BASIN 2 - 16.70 feet NGVD. 13. Minimum road crown elevation: Basin: BASIN 1 - 16.20 feet NGVD. Basin: BASIN 2 - 15.50 feet NGVD. i�;. 'r • -. Agenda Item No. 8C PERMIT NO: 11(dg9 8,329V PAGE 4 o?agl 154 of 216 14. Minimum parking lot elevation: Basin: BASIN 1 - 16.20 feet NGVD. Basin: BASIN 2 - 15.50 feet NGVD. 15: Spoil generated from the excavation of the flow -way as authorized by this permit must be placed on an upland or wetland impact location as authorized in a valid District permit. 16. Prior to the commencement of construction and pursuant to Subsection 40E- 4.101(2), F.A.C., the permittee shall submit proof of ownership of the 160 acre mitigation tract in Section 11 to the District's Environmental Resource Compliance staff. 17. Prior to the commencement of any site activity authorized by this permit, the permittee shall conduct a pre- construction meeting with field representatives, contractors and SFWMD Environmental Resource Compliance staff from the Ft. Myers office. The purpose of the meeting will be to discuss construction methods and sequencing, particularly regarding the type and location of turbidity and erosion controls to be implemented during construction and the mobilization and staging of contractor equipment or to discuss the type and location of turbidity and erosion controls to be implemented during construction with the permittee and contractors. Any necessary wetland /upland protection methods will be also be discussed. 18. Prior to the commencement of construction, the perimeter of wetland /upland preservation areas, including secondarily impacted wetland areas shall be staked /roped /fenced to prevent encroachment into the protected areas. The permittee shall notify the District's Environmental Resource Compliance staff in writing upon completion of staking /roping /fencing and schedule an inspection of this work.. The stating /roping /fencing shall be subject to District staff approval. The permittee shall modify the staking /roping /fencing if District staff determines that it is insufficient or is not in conformance with the intent of this permit. The staking /roping /fencing shall remain in place until all adjacent construction activities are complete. 19. Silt screens, hay bales, turbidity screens /barriers or other such sediment control measures shall be utilized during construction. The selected sediment control measure shall be installed landward of all protected wetlands and uplands and shall be properly "trenched' etc. All areas shall be stabilized and vegetated immediately after construction to prevent erosion into the wetland and upland preserves. 20. Endangered species, threatened species and /or species of special concern have been observed onsite and /or the project contains suitable habitat for these species. It shall be the permittee's responsibility to coordinate with the Florida Fish and Wildlife Conservation Commission and /or the U.S. Fish and Wildlife Service for appropriate guidance, recommendations and /or necessary permits to avoid impacts to listed species. 21. By June 30, 2002 the permittee shall apply for a modification of this permit for inclusion of a flow -way preserve wildlife management plan. Such plan should be reviewed and approved by the Florida Fish and Wildlife Conservation Commission prior to June 30, 2002. In any event, the permittee shall diligently pursue the permit modification and shall have completed the application for modification by September 30, 2002. This plan (which will be coordinated with flow -way preserve wildlife management plans developed for Olde Cypress Golf Club and Wildewood Lakes) shall be implemented on the 883.9 acre flow -way preserve located on Mirasol. 22. The wetland preservation /enhancement areas, upland preservation/ enhancement areas, flow -way conveyance and the secondarily impacted wetlands (collectively referenced as conservation areas) shown on Exhibit 19 may in no way be altered from their natural or permitted state. Activities prohibited within.the conservation areas Agenda Item No. 8C PERMIT NO: 21t�1 11,17 p PAGE 5 OF apf 155 of 216 .include, but are not limited to: construction or placing of buildings on or above the ground; dumping or placing soil or other substances such as trash; removal or destruction of trees, shrubs, or other vegetation - with the exception of exotic vegetation removal; excavation, dredging, or removal of soil materials; diking or fencing; and any other activities detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife habitat conservation or preservation. 23. Wetland preservation /enhancement areas, upland preservation/ enhancement areas, secondarily impacted wetlands and flow -way conveyance (collectively known as conservation areas) shall be dedicated as conservation and common areas in the deed restrictions/ conservation easements as well as on the plat if the project will be platted. Restrictions for use of the conservation/ common areas shall stipulate: The wetland preservation /enhancement areas, upland preservation/ enhancement areas, secondarily impacted wetlands and flow -way conveyance are hereby dedicated as conservation and common areas. The conservation /common areas shall be the perpetual responsibility of the Mirasol Homeowners Association and /or CDD and may in no way be altered from their natural or permitted state as documented in the permit file, with the exception of permitted restoration activities. Activities prohibited within the conservation areas include, but are not limited to: construction or placing soil or other substances such as trash; removal or destruction of trees, shrubs, or other vegetation - with the exception of exotic /nuisance vegetation removal; excavation, dredging, or removal of soil material; diking or fencing; and any other activities detrimental to drainage, flood control, water conservation,, erosion control, or fish and wildlife habitat conservation or preservation. . Copies of recorded documents shall be submitted to the District's Environmental Resource Compliance staff concurrently with engineering certification of construction completion. 24. No later than May 31, 2003 the permittee shall submit two certified copies of the recorded conservation easement for the wetland and upland preserves, and secondarily impacted wetland preserves located within the development as shown on Exhibit 43, and a GIS disk of the recorded easement area to the District's Environmental Resource Compliance Division in the service area office where the application was submitted. The recorded easement shall be in substantial conformance with Exhibit 42. Any proposed modifications to the approved form must receive prior written consent from the District. The easement must be free of encumbrances or interests in the easement which the District determines are contrary to the intent of the easement. In the event it is later determined that there are encumbrances or interests in the easement which the District determines are contrary to the intent of the easement, the permittee shall be required to provide release or subordination of such encumbrances or interests. 25. Concerning the conservation easements for the 160 acre mitigation tract on Section 11 and the flow -way preserve on Sections 10 and 15: (A) No later than May 31, 2002, the permittee shall submit for review and approval, two (2) copies of the following: 1. Project map identifying conservation areas 2. Legal description of conservation areas 3. Signed conservation easements 4. Sealed boundary surveys of conservation easements by a professional land surveyor 5. Title Insurance commitment for conservation easement naming the District as beneficiary using approved valuation G. GIS disk (with state planar coordinates) if available - The above information shall be submitted to the Natural Resource Management Post PERMIT NO: I I Item No. f b7 v1�� �flO7 PAGE 6 oJ1a9T 156 of 216 Permit Compliance staff in the District Service Center where the application was submitted. (B) The real estate information referenced in paragraph (A) above shall be reviewed by the District in accordance with the District's real estate review requirements in the attached Exhibit 44. The easements should not be recorded until such approval is received. (C) The permittee shall record conservation easements over the real property designated as preserves and flow -way conveyance on attached Exhibits 39 and 41. The easements should be granted free of encumbrances or interests which the.District determines are contrary to the intent of the easements. The conservation easements shall be granted to the District using the approved form attached as Exhibits 3B and 40. Any proposed modifications to the approved form must receive prior written consent from the District. (D) The permittee shall record the conservation easements in the public records within 14 days of receiving the District's approval of the real .estate information. Upon recordation, the permittee shall forward the original recorded easements and title insurance policy to the Natural Resource Management Post Permit Compliance staff in the District Service Center where the application was submitted. (E) In the event the conservation easement real estate information reveals encumbrances or interests in the easements which the District determines are contrary to the intent of the easements, the permittee shall be required to provide release. or subordination of such encumbrances or interests. If such are not obtained, the permittee shall be required to apply for a modification to the permit for alternative acceptable mitigation. 26. A mitigation program for Mirasol shall be implemented in accordance with Exhibit Nos. 19 -21 and 28 -37. The permittee shall enhance 751.78 acres of freshwater forested wetlands and 35.10 acres of freshwater herbaceous wetlands, and preserve /enhance 109.35 acres of upland compensation areas. In addition to the above preserve/ enhancement areas noted above, several additional areas contribute to the overall preserve area for Mirasol, and even though some of these.areas are subject to enhancement activities or replanting as discussed in the staff report and mitigation plan, these areas are not considered mitigation areas. These areas include: *39.50 acres of freshwater forested wetlands that will be preserved and enhanced, although secondary impacts will diminish the value of these wetlands by 338. ^33.94 acres of wetlands and 2.67 acres of uplands that will be converted to a flow - way conveyance. The design of the flow -way includes littoral zone plantings as shown on Exhibits 26 and 27. •0.27 acres of wetlands and 0.18 acres of uplands located in the outparcel access .easement. All of the above areas are collectively called conservation areas. 27. The permittee shall be responsible for the successful completion of the mitigation work, including the monitoring and maintenance of the mitigation .areas for the duration of the plan. The mitigation area shall not be turned over to the operation ._ entity until the mitigation work is accomplished as permitted and District Environmental Resource Compliance staff has concurred. 28. A time zero monitoring report for Mirasol shall be conducted in accordance with Exhibit Nos. 21 and 28 -37 for all enhanced wetlands /uplands and the flow -way Agenda Item No. 8C PERMIT N0: llflKUPSIM7 PAGE 7 ),PalT 157 of 216 conveyance. The plan shall include an acreage and aerial extent of the enhanced areas and flow -way conveyance, and panoramic photographs for each habitat type. The report shall review exotic removal activities and replanting activities. Replanting activities shall include a description of planted species, sizes, total number and densities of each plant species within each habitat type. 29. A monitoring program shall be implemented in accordance with Exhibit Nos. 21 and 28- 37. The monitoring program shall extend for a period of 5 years with annual reports submitted to District staff. 30. A maintenance program shall be implemented in accordance with Exhibit Nos. 28 -37 for the preserved /enhanced wetland /upland areas, the flow -way conveyance and the secondarily impacted wetlands on a regular basis to ensure the integrity and viability of those areas as permitted. Maintenance shall be conducted in perpetuity to ensure that the conservation areas are maintained free from Category 1 exotic vegetation (as, defined by the Florida Exotic Pest. Plant council at the time of permit issuance) immediately following a maintenance activity. Coverage of exotic and nuisance plant species shall not- exceed 58 of total cover between maintenance activities. In addition, the permittee shall manage the conservation areas such that exotic /nuisance plant species do not dominate any one section of those areas. 31. Activities associated with the implementation of the mitigation, monitoring and maintenance plans shall be completed in accordance with the work schedule attached as Exhibit No. 45. Any deviation from these time frames will require prior approval from the District's Environmental Resource Compliance staff. Such requests must be made in writing and shall include (1) reason for the change, (2) proposed start /Finish and /or completion dates; and (3) progress report on the status of the project development or mitigation effort. 32. The District reserves the right to require remedial measures to be taken by the permittee if monitoring or other information demonstrates that adverse impacts to onsite or offsite wetlands, upland conservation areas or buffers, or other surface waters have occurred due to project related activities. 33. The channel shall be constructed without dewatering as indicated in the application submittal. 34. No work shall occur within the District's right -of -way until all necessary right -of- way occupancy permits are obtained authorizing the proposed work in the District's right -of -way. In addition, a maintenance agreement with the Big Cypress Basin shall be provided as part of the right -of -way permit. 35. No later than May 31, 2002, the permittee shall provide to the District the fully executed and recorded drainage, ingress /egress, and maintenance easement in Exhibit 16 to this staff report. Until the easement has been recorded and a copy provided the the District, no work shall occur on the project. 36. The construction of the flowway and the associated control structures shall be completed prior to the construction of any impervious surface on the project site. 37. The permittee has provided an executed letter of credit, as financial assurance that the mitigation, monitoring and maintenance work will be constructed as permitted. If the permittee fails to comply with the terms and conditions of the permit, subsection 4.3.7 or fails to complete the mitigation, monitoring and maintenance within the time frames specified in the permit conditions or any extension thereof, such failure shall be deemed a violation of Chapter 40E -4, F.A.C., and the permit issued thereunder. In addition to any other remedies for such violation as the District may have, the District, upon notice as provided in the mechanism or if none, upon reasonable notice, may draw upon the the financial mechanism. The letter Agenda Item No. 8C PERMIT N0: pIlM*t% V47 of PAGE 8 apg 158 of 216 of credit cannot be revoked, terminated or cancelled without prior written approval by the District, which will be conditioned upon the permittee providing an alternate financial responsibility mechanism meeting the requirements of Section 4.3.7 (including Subsections) of the Basis of Review. 38. In accordance with section 4.3.7.7.1 of the Basis of Review, the permittee may request release of a portion of the financial responsibility mechanism as phases of the mitigation, monitoring and maintenance plan are completed. The request shall be in writing and include documentation demonstrating that the phase or phases have been completed. The District shall authorize the release of the portion requested upon verification that the construction or activities have been completed in accordance.with the mitigation, monitoring and maintenance plan. In accordance with section 4.3.7.7.2 of the Basis of Review, within thirty (30) days of the District determining that the mitigation, monitoring and maintenance is successful in accordance with subsection 4.3.6, the District shall so notify the permittee and shall authorize the return and release of all funds held or give authorization to the appropriate third party for the cancellation or termination of the financial responsibility mechanism. 39. Since the permittee is subject to the financial responsibility of subsections 4.3.7- 4.3.7.9, the following conditions apply: (a) A permittee must notify the District by certified mail of the commencement of a voluntary or involuntary proceeding under Title XI (Bankruptcy), U.S. Code naming the permittee as debtor within 10 business days after the commencement of the proceeding. (b) A permittee who fulfills the requirements of subsections 4.3.7- 4.3.7.9 by obtaining a letter of credit, performance bond or other form of surety providing the same level of financial responsibility will be deemed to be without the required level of financial responsibility in the event of bankruptcy, insolvency or suspension or revocation of the license or charter of the issuing institution. The permittee must reestablish in accordance with subsections 4.3.7 - 4.3.7.9 a financial responsibility mechanism within 60 days after such event. (c) When transferring a permit in accordance with section 40E- 4.351, F.A.C., the new owner or person with legal control shall submit documentation to satisfy the financial responsibility requirements of subsections 4.3.7 - 4,3.7.9. The prior owner or person with legal control of the project shall continue the financial responsibility mechanism until the District has approved the permit transfer and substitute financial responsibility mechansim. Agenda Item No. 8C PERMIT NO: llkW8,l2LW7 PAGE 9 OPPaff 159 of 216 GENERAL CONDITIONS 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 313. F.S. 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. 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. 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. Within 30 days after completion of construction of the permitted activity, the permitee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate. individual as authorized by law, utilizing the supplied Environmental Resource Permit Construction Completion /Certification Form Number 0881. 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 sepcifications. This submittal shall serve to notify the District that the system is ready for inspection. Additionally, if deviation from the approved drawings is 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" drawing. All surveyed dimensions and elevations shall be certified by a registered surveyor. The operation phase of this permit shall not become effective: until the permittee Agenda L ItemNo.SC PERMIT NO: '0OL� F aye 6 PAGE l0O has complied with the requirements of condition (6) above, and submitted a request for conversion of Environmental Resource Permit from Construction Phase to Operation Phase, Form No. 0920; the District determines the system to be in compliance with the permitted plans and specifications; and the entity approved by the District in accordance with Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications within the south Florida Water Management District, accepts responsibility for operation and maintenance of the system. The permit shall not be transferred to 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 40B- 1.6107, F.A.C., the permittee shall be liable for compliance with the.terms of the permit. 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. 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, Agenda Item No. 8C PERMIT NO: 11 -Mao:ft2P07 PAGE 11 OFPaige 161 of 216 unless the work qualifies for a general permit pursuant to Subsection 4DE- 20.302(4), 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. 15. Any delination 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. 18. 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. Agenda Item No. 8C May 8, 2007 ENVIRONTAL RESOURCE PERMIT 4[nAPTER 40E -4 (10i9,pP �ge 162 of 216 4DE -4.321 Duration of Permits (1) Unless revoked or otherwise modified the duration of an environmental resource permit Issued under this chapter or Chapter 4DE -40, F:A.C. is as lollows: (a) For a conceptual approval, two years from the dale of issuance or the date specified as a condition of the permit, unless within that period an application for an individual or standard general permit is filed for any portion of the project.. If an application for an environmental resource permit is filed, then the conceptual approval remains valid until final action is taken on the environmental resource permit application. If the application is granted, then the conceptual approval is valid for an additional two years from the date of issuance of the permit, Conceptual approvals which have no individual or standard general environmental resource permit applications filed for a period of two years shall expire automatically at the end of the two year period. (b) For a conceptual approval filed concurrently with a development of regional impact (DRI) application for development approval (ADA) and a local government comprehensive plan amendment, the duration of the conceptual approval shall be two years from whichever one of the following occurs at the latest date: 1. the effective date of the local government's comprehensive plan amendment. 2. the effective dale of the local government development order. 3. the date on which the District issues the conceptual approval, or 4. the latest date of the resolution of any Chapter 120.57, F.A.C., administrative proceeding or other legal appeals. (c) For an individual or standard general environmental resource permit, five years from the date of issuance or such amount of time as made a condition of the permit. (d) For a noticed general permit issued pursuant to chapter 40 -E -400, P.A.C., five years from the date the notice of intent to use the permit is provided to the District. (2)(a) Unless prescribed by special permit condition, permits expire automatically according to the timeframes indicated in this rule. If application for extension is made in writing pursuant to subsection (3), the permit shall remain in full force and effect unlit: 1. the Governing Board takes action on an application for extension of an individual permit, or 2. staff takes action on an application for extension of a standard general permit. (b) Installation of the project eutfall structure shall not constitute a vesting of the permit. (3) The permit extension shall be issued provided that a permittee files a written request with the District showing good cause prior to the expiration of the permit. For the purpose of this rule, good cause shall mean a set of extenuating circumstances outside of the control of the permittee. Requests for extensions, which shall Include documentation of the extenuating circumstances and how they have delayed this project, will not be accepted more than 180 days prior to the expiration date. (4) Substantial modifications to Conceptual Approvals will extend the duration of the Conceptual Approval for two years from the date of issuance of the modification. For the purposes of this section, the term 'substantial modification' shall mean a modification which is reasonably expected to lead to substantially different water resource or environmental impacts which require a detailed review. (5) Substantial modifications to Individual or standard general environmental resource permits issued pursuant to a permit application extend the duration of the permit for three years from the date of issuance of the modification. Individual or standard general environmental resource permit modifications do not extend the. duration of a conceptual approval. (6) Permit modifications issued pursuant to subsection 40E- 4.331(2)(b), F.A.C, (letter modifications) do not extend the duration of a permit. (7) Failure to complete construction or alteration of the surface water management system and obtain operation phase approval Irom the District within the permit duration shall require a new permit authorization in order to continue construction unless a permit extension is granted. Specific authority 373.044, 373.113 F.S. Law Implemented 373.413, 373.416, 373.419, 373.426 F.S. 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L TFT •STA slot G O FSTIMATEO 100 1Ti STAGE �xj I STA 500 15.7 STA 1500 15.7 STA STA 2483 15.6 I M STA 2601 15.5 STA =1 x � C STA 3000 15.9 STA ism j,1� cn ff; STA 1300 15.9 �� —+ STA 5109 15.9 A iw3 ' R A t_ I STA 6100 1610 WA 2{6T STA 9500 16.1 rte boo - - - -- C i cn i STA 10120 1153 STA 10160 16.1 waKxtc coin Gt1AL rn STA 12400 18.1 avtrAU STA W I STA 13312 16.2 =71m STPU0t,N I STA 15646 16.2 Z t STA 15746 16.1 STA 350 i .-- . - ^ --� STA 15646 16.3 }TS 0 T > STA 22100 16.9 ^' STA 26519 17.4 Agenda Item No. 8C May 8, 2007 Page 177 of 216 • l , r� �J c` � IMkOKALEC ROAD _ �'S Turrell b Nrocblee, Ne. RI'. IWI) N] -410tl ru IWI) Mf <rii MIPJSOL & FLOW —WAY FLUCCS MAP /AarAEM.kL YA.11fl[ 0005;9 -10 rm xn•iq ^� I AVOAAE 15 -f001 WOE , Al"OXIM&TELY O..S M X 00 Agenda Item No. 8C May 8, 2007 Page 178 of 216 O Twnll R AsaOei\lea. Nc YWa \ ClMnmw \J GuWtly SSIa �NaPW 4n. NIN 0. MpM}, rl. 11101 MIRASOL & FLOW -WAY 568.65 ACRES SFWMD IMPACTS r � �1�� uv.vw SECONOAR11Y IMPACTED WETLANDS 39.5 ACRES WITHIN L)EVELOPMENI b WETLANO PRESERVES e . DEVELOPMENT // j, , 746.43 . %�, r CONVEYANCE 33.94 ACRES WETLANDS 2.56 ACRES UPLANDS O Twnll R AsaOei\lea. Nc YWa \ ClMnmw \J GuWtly SSIa �NaPW 4n. NIN 0. MpM}, rl. 11101 MIRASOL & FLOW -WAY SFWMD IMPACTS r � �1�� uv.vw I I11 �. a b De e 0 Agenda Item No. 8C May 8, 2007 Page 179 of 216 M t lk APPROXI'dATELY 564.55 ACRES DREC-- W. ?n.AN9 IMPACTS WNw i AXrwmsrYl WrrIYY %K LrWep an. Svlte !, NgNS R %Iw rx: UrII wt -o� %. ru Iwrl wr NUi YY [ L MfRAS'OL 3 FLOW-WAYn4 Sr WAID PRESERVES e Agenda Item No. 8C May 8, 2007 Page 180 of 216 I Irl' III . ......�.L_ �� x 7�, AELALEUCA DENSITY > 75% 50478 ACRES MELALEUCA DENSITY 50% 75% 5650 ACRES MELALEUCA DENSITY 25% 507. 97.45 ACRES a MEl_AtE,'CA DENSITY < 2$% 167.92 ACRES C) i. VPLAND PRESERVES 109.35 ACRES 0- rn co MIRASOL & FLOW-WAY ENHANCEMENT AREAS S SFFfD PRESERVES L,.Oi� 1"0R&EE ROAD I 1 x s i I � N .11 -Mt, J4 Yl; Gr p �v F c'� PP s .acs � 1 AWLS I. Agenda Item No. 8C May 8, 2007 Page 181 of 216 x MO ,T MNG MMA CTS SUT LAUU LOLAi:011 A® uw PHOTO SYAR. LOCATOM PNOTD STAR S ARC LCCA4D AT LNUi Of uRlitMiHC fRAx�CiS i >A SECONDARILY IMPACTED M (LANDS .A 39.50 ACRES WITHIN DEVELOPMENT UPLAND ?RESERVE 100.79 ACRES FLOW -WAY UPLAND `i- 8.38 ACRES UPLAND IN DEVELOPMENT { c� 4 O PRESERVE 746.18 ACRES FLOW -WAY Wt TLANO 76.18 40.72 ACRES WETLAND IN DEVELOPMENT FLOW -WAY CONVEYANCE 33.94 ACRES WETLAND c -j 2.56 ACRES UPI AND i EASEMENT AREA ■OUTPARCEL 0,27 ACRES WETLAND 016 ACRES UPLAND i APPROXIMATELY 568.65 ACRES DIRECT WETLAND IMPACTS IMUarN.EE ROAD mn'.n t Aaao�mLPA, ine. Mu.n. t 4Xnew Cavu11W sees n.e..�L. A... rvn. e. x.PM•. n. ww m. twl) as -mm, rAC Iwo wa-.mx MIHASOL & FLOW -WAY MONITORING MAP SFWMD PRESERVES A0.1PlX5:]�4 Vr..a i Agenda Item No. 8C PUDEX- 2006- AR- 9124May 8, 2007 PROJECT #1999oo,"e 182 of 216 C(J .eY, �✓O1414ty DATE: 2/14106 HEIDI WILLIAMS PUD EXTENSION REQUEST Pre- Application Meeting Notes Date: " 1 COS Time: _21L Agent Name/Firm Name: K(?t deA Q� �}p t � Project Name• ti( i ca -4P Q -PC/—b tiX Jt o tee Applicant's Name: Phone: Owner's Name: ik �ti e r i A i�tti+ 2 Phone L_ Owner's Address: Meeting Attendees INFORMATION, MEETING NOTES CyruP, 0-h-H I Care. C'C/�1(/d y�� rizs, Wifh presuve, P/-0j EOUIREMENPS: PLEASE REFER TO TnE LDC AND rN _i FOR ADDITIONAL Copies of the following: 5[Q Complete legal description 1 copy of completed Addressing Checklist 1 copy of 8 %" X 1 I" graphic location map of site POSSIBLE OTHER REQUIREMENTS, DEPENDING UPON 1'HE SPECIFIC PROJECT: ❑ Traffic Impact Statement (TIS) ❑ Environmental Impact Statement (EIS) ❑ Other ❑ Other revised: 118/04 ITEM # of —Copies Completed Application download from website for current form) 12 Copy of Approved PUD Ordinance 12 List identifying Owners and all Parties if a Corporation 2 Completed Owner/Agent Affidavit -- Notarized 2 Master Plans full -size and one 8.5" x 11" 12 Aerial Photograph 2 Review Fee $1000 9 Legal Advertising Fee - BCC $363.00 IT EIS Review Fee $2.500 if applicable) Copies of the following: 5[Q Complete legal description 1 copy of completed Addressing Checklist 1 copy of 8 %" X 1 I" graphic location map of site POSSIBLE OTHER REQUIREMENTS, DEPENDING UPON 1'HE SPECIFIC PROJECT: ❑ Traffic Impact Statement (TIS) ❑ Environmental Impact Statement (EIS) ❑ Other ❑ Other revised: 118/04 U 00 0 Z E m (U Q i i u4' V) d •w •i C (D C E > 2 O O CD Z > = i- v W D v LL C y o E N � r o w d E V D Q d �6 O � I w i t t� �i � • l � � r .�i i m a � ' n � I r _j N m d 2 N U O F W W N Z Z C7 N E 3 d U V P ON N M �I W CVI Z Z W Q 47 i1 cl Z W r- Z Z d K N BE Q L a i t t� �i � • l � � r .�i i m a � ' n � I r _j N m d 2 N U O F W W N Z Z C7 N E 3 d U aep Ju ya iLzYtla U0111er- 1.0. ""UMMOJLnU Sep 29 05 03:2ep PMS Ina 0� 435908e PUDEX- 2006- AR442* item No. SC PROJECT #199900 May 8, 2007 ge 184 of 216 DATE. 2114106 HEIDI WILLIAMS ADDRESSING CHECKLIST k'lu�se cwnpkta the following aJ submit m the Addressiog Senim for Review. Z{pr eEI hams wilt nnnH In every —JL=% hold tvur. nre rcouired. 9 he of above (allach to, or axrociate with legal deaeriplion if more than one) 3. Smoot addrees at addresses (as applicaNc, ijalmudy aurlgma) 4. Location sap, saowiog eraa loe on of p ciectrem in midion to nearest public road right- of -svay (anach) S. Cow of mmey (NEEDED ONLY FOR i1NPLATyED PROPERTIES) 6. ProM(!d projea none (if applicable) 7. Propbsed Street names (fJ 6. Site DevclopmcmPlan Nmnber(FOR EX ISTM PROJECT=ITES ONLY) SDP _ 9. Petition Type — (Cernplete a separate Addressing Choalist for each Petition Type) 0 SDP (Site Dcvclopmcnt Plan) 0 SDPA (SDP Amendmcm) ❑ SDPI (SDP lnsubst: tial Change) 0 SIP (Site Improvement Plan) 13 SIN (SIP Insubstantial Change) 0 SNR (Street Name Change) 0 VegCtatioldExoliC (Veg, Remove! Petraits) Land Use Petition (Variance, Conditional Use, Boat Dock Ext., Req tiF PUD ¢o , etcJ 0 Other - Describe; V 10. Projector "iiaimaatrQ,n�,r�s prpppscd�Co� r apps proposed mcahting) ! 11. Please ChccL 12. APrlicantll 13. Sianature on, further review by the Add FOR STAFF USE ONLY Primary Number -;SZ Address Nmnber 7� SZ1 Address Number Address Ntaaber 0 PPL (Plans & Plat Review) 13 PSP (Preliminary Subdivision Plat) 13 FP (Final Plat) • LLA (Lot Line Adjustment) 0BL (BlastingPetmit) • ROW (Right -of -way Permit) OM (Excavation Permit) M VRSFP (Veg. Removal) & Site Fill Permit) constitute Project and/or Street Name Rppcoved by Srt,ne.d L'7 �.Q. rr) DatO '�l — 'D!0 - 0 S to Jep Ju uo ll:oua Sep 29 05 03:22p lull &CF- l.u• nU UR GJJ1114 PMS Inc J'fL- OJJ'JIG'T 40SS082 Mirawl Folio Numbers Section 15 Townsbin 48S, Ranee 26F. Parccl I - 00181760007 - 3`- "Z Parcel 2 - 00181800006 - 3 5 r� 3 Settion 22. Township US. Ranee 26F. Agenda Hsm No. 8C p • 3 May 8, 2007 Page 185 of 216 $sttion10,7eensAin48S Rnnpe26h oo�ZE�g oof3 --WZ7] OOISiYe900H�- 00179360008^-345} - •00!78040002- SLvz.i 00179680102- S41--S' 001?9280007 - 3 y. SZ, 00178000000 - 3 t-2- O 00179480001- '37,µ -5-1. 0017924000S- 721}51 00177960002 - 3 419 00L79320OM - 34 S 3 • 00179160004 - 00174200003- p &d 3t 00190040705 - 34 w 4 00187840002 - 3S8° 00187440004 - -101. 00187200008 - X873 00188520004 --- 3qo .00187320001 -�y 1 00188320000 - 3qo t 00187800000- 3ce$g 00187960005 5UL}O 00188160008 3µ-3S 00187640008 - 3V9L 00167040006 34's�Q 00187000004 3431 00188280001 - 3q o C 001 88240009 -- 3-5 C� 9 0018696400E 3 }Sg 00187880004 3 4 (0 00188080007 — 3gq S Agenda Hsm No. 8C p • 3 May 8, 2007 Page 185 of 216 $sttion10,7eensAin48S Rnnpe26h oo�ZE�g oof3 --WZ7] OOISiYe900H�- 00179360008^-345} - •00!78040002- SLvz.i 00179680102- S41--S' 001?9280007 - 3 y. SZ, 00178000000 - 3 t-2- O 00179480001- '37,µ -5-1. 0017924000S- 721}51 00177960002 - 3 419 00L79320OM - 34 S 3 • 00179160004 - 00174200003- 3V-5D • 00178840008- 34:4.1 001 -7$EY+OOD3 _ Sq 2"F 00178720005- 0017 7420000- 3 4 38 . 00178920009 - 001790 00009' 3 is 3 pJ 1 $ c)c 7� }44 00178120003- 31EZ3 - 00174120002- �1 1r�ii�S -1�7�- Sc 1F7 00178520001 - 31433 - 00178800006^ 5UL}O 00178600002 - 3µ-3S 00178640004- 34S6 00179400007 - 355 00178680006- 3431 00179440009^ 31456 00178880000 -• 34UZ : 00179520=- 3 }Sg 00 17824M - 3 4 (0 00179560002^ 34-S9 00178320007- 00179600001 -- 3 4q C u 00178360009 - - 3 42-9 00179640005- 31461 00178400008- 31430 001796 OWS - ' 4 (oz 001?820000a - 3 4 z S . 00179680209 - 3y (,y- • 3l( te5 00178160005 -• 3 y Z, 4 00179680306 - 001,76080004 - 3(A 7-t- COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW W W W.COLLIERGOV.NET Agenda Item No. 8C May 8, 2007 Page 186 of 216 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403 -2400 FAX (239) 643 -6968 APPLIC?11Tt4N FOR P1I1IC>H��4tIN P+M. PIJ1A5�ER RM.A_N E?iTE1Sl0}+� PETITION NO (AR) PUDEX- 2006 -AR -9124 PROJECT NAME PROJECT #19990012 PROJECT NUMBER DATE: 2114/06 DATE PROCESSED EHEIDI WILLIAMS ASSIGNED PLANNER NAME OF APPLICANTS) IMCOLLIER JOINT VENTURE ADDRESS 6704 LONE OAK BLVD CITY NAPLES STATE FL ZIP 3A109 TELEPHONE # 239- 596 -9067 CELL # FAX # 239 -598 -2245 E -MAIL ADDRE NAME OF AGENT RICHARD YOVANOVICH OF GOODLETTE COLEMAN AND JOHNSON ADDRESS 4001 TAMIAMI TRAIL N. #300 _CITY NAPLES STATE FL ZIP 34103 TELEPHONE # 239- 435 -3535 CELL # FAX # 239- 435 -1218 E -MAIL ADDRESS: RYOVANOVICH(0)GCJ LAW. COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. PUD Extension Application Agenda Item No. 8C Complete the following for all Association(s) affiliated with this petition. Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION: 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 CITY CITY CITY CITY STATE ZIP STATE ZIP STATE _ ZIP STATE ZIP a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership PUD Extension Application Agenda Item No. 8C May 8, 2007 Page 188 of 216 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 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 Mirasol Development LLC, managing member is Robert G. Claussen North Naples LLC. managing members are J.D. Nicewonder & Peter J. Moran PUD Extension Application 50% 50% Agenda Item No. 8C May 8, 2007 Page 189 of 216 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 Date of Co Percentage of Ownership 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 7/2001 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. PUD Extension Application Agenda Item No. 8C May 8, 2007 X16 Detailed legal description of the property covered by the aonllcation: (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 t" 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 10, 15 & 22 / 48S / 26E Lot: Block: Subdivision: MIRASOL Plat Book Page #: Property I.D. #: SEE ATTACHED EXHIBIT A Metes & Bounds Description: SEE ATTACHED EXHIBIT B Size of property: _ft. X ft. = Total Sq. Ft. Acres 1558± Address /general location of subject property: Located on the North side of Inunokalee Road; bordered on the east by Broken Back Rd future Collier Blvd, ADJACENT ZONING AN°D LAND W Zoning Land use Lee County Property Line S Roa Immokalee Road E DRI. AG Heritage Bay DRI Vacant Aa and goyernmental land W--PUD- Terafina PUD Parklands PUD & Old Cypress PUD 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: Plat Book Page #: Property I.D Metes & Bounds Description: PUD Extension Application Agenda Item No. 8C May 8, 2007 Page 191 of 216 Has this Master Plan received any previous extension(s)? ❑ YES ® NO If YES, please indicate the date of approval(s) and submit a copy of the Board of County Commissioners' approval. Was the planned development proposed for two or more phases? ❑ YES ® NO If YES, please provide a copy of the approved phasing schedule. Has the Master Plan sunsetted? ❑ YES ® NO If NO, please indicate the date that it will be sunsetted: April 241h 2006 If YES, please explain why the Master Plan was allowed to sunset: The owner has obtained many pennits with the intent to develop this property but has been unable to obtain a ACOE permit to date. Without this permit they are unable to obtain some permits such as an SDP, which they have several in process now. They are in the process of appealing to the Core and expect to have a permit within a few months. We would like to extend the PUD for 4 years. Please provide a chronology of the original zoning approvals and amendment approvals as well as any development approval and any site development improvements that occurred before the master plan was vacated. Mirasol PUD Ordinance 01 -20 approved 4/24/01; PSP 2002 AR 3516 approved 5/19/05; Turnlane ROW permit 44791E completed; Utility extension ROW permit #4792E completed; Bridge SFWMD ROW permit completed; Mirasol Excavation AR# 3853 submitted 3/7/03; Currently in for review are the following: Mirasol Flowway SDP AR #3818 submitted 2/27/03; SDP for 799 units AR #7623 submitted 4/19/05. Is the extension requested for: ® the entire original development, or ❑ phase(s)? If for phases, please indicate the phase number(s): Please explain how the Master Plan remains consistent with the current Comprehensive Plan, Including density, intensity and concurrency requirements. The total acreage of the Mirasol PUD is 1558± acres with a mixed structure of 799 residential units and a 2 18 -hole golf course with a clubhouse and recreation amenities. A significant portion of this site has been retained as a preserve area which in conjunction with South Florida Water Management's flowway proiect, will function as a storm drainage help alleviate flooding from the north The project proposes to provide extensive wading bird habitat and enhance the existing preserves. PUD Extension Application Agenda Item No. 8C The density of 51 dwelling units per acre is in compliance with the Future Land Use Elenaeart���f 0076 Growth Management Plan which allows 4.0 units per acre as a base density on the 340.7 acres located in Section 22 that is within the Urban Residential designation which is intended to provide locations for developments with higher densities and intensities of land uses. Sections 10 and 15 are outside the Urban boundary and is designated Agricultural /Rural are to be developed in a manner consistent with the Future Land Use Element which have a density as 1 unit per 5 acres. The section of housing for all practical purposes is limited to the Urban Designated area and the density is less than originally allowed for in this area. This proiect is consistent with the traffic circulation element in that the developer has made provisions for the extension of Collier Blvd by committing to make substantial contributions relative to the reservation of ROW for this extension. The Mirasol PUD has an internal road system that introduces an access mint on Immokalee Road and one on the Collier Blvd extension optimally to align with the internal road system that will serve the Heritage Bay project to the east. An access road is also connected to the future activity center on the NW corner of Collier Blvd. and Immokalee Road. Please explain how the development proposed by the Master Plan remains compatible with existing and proposed uses in the surrounding area in view of development approvals issued subsequent to the original approval of the Master Plan. This site is in an area that has undergone extensive urban development and has experienced major additions in terms of community services such as the Laurel Oak elementary school. Oakridge Middle School and Gulf Coast High school that are in the immediate area of Mirasol. Mirasol is located adilcent to the activity center designation at the intersection of Irnmokalee Road and Collier Blvd. The Mirasol project is compatible with the surrounding area through the internal arrangement of tracts the nlacement of land use buffers open spaces and its' significant natural features and lakes. Opposite Mirasol lies the residential communities of Pebblebrooke Lakes, Laurel Lakes and This Cove To the west lies Olde Cypress Woods a residential golf course community, Terafina and Parklands To the cast lies Heritage Bay DRI that is also a residential golf course community with activity center commercial Some scattered residential homes lie adjacent the east and west sides along Nursery Lane Rose Rd and Broken Back Road Clearly the land is urban impacted with a residential environment and is therefore to present a complimentary and compatible development PUD, Cxlension Application Agenda Item No. 8C Dbes the development shown on the Master Plan place an unreasonable burden on essential bray 8, 2007 Wage 193 of 216 Facilities? Please explain. No. This proi wt will be served by a full range of services and utilities provided by the county. This is present in the fact that Mirasol has immediate access to 3 levels of schools K thiv 12 emcrizencv services such as a fire station and shopping facilities. Utilities exist to the site and there is available capacity for water and sewer. Evaluation Criteria: Provide a written narrative statement describing the request to show compliance with the criteria found in the Collier County LDC noted for the proposed action. Include any additional materials and documentation in support of the request. 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? November 15* 2005 a BOCC hearing was held to goarove the excavation permit. 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 aursue 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.) PUP Extmision Applicatimi Agenda Item No. SC THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET No. of Copies ® 18 C Completed Application ®18 P Pre - Application Meeting Notes 018 M Master Plan 24" X 36" ® 1 M Master Plan 8 t /2" X 11" 18 Approved PUD Ordinance ® 2 Warranty Deed or Contract for Sale ® 1 Owner /Agent Affidavit, signed & notarized ® 2 Aerial Photos with Habitat Areas Identified ® 2 Addressing Checklist ® Required Fees ® Other 8 Traffic Impact Statements As the authorized agentlapplicant 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. ac�'w 1/26/06 Agent/ pplic t Si stature Date PUD Extension Applicalm EXHIBIT "A" Mirasol Folio Numbers Section 15, Township 48S, Ranee 26E Parcel i — 00181760007 Parcel 2 — 00181800006 Section 22, Township 48S, Ranee 26E 00190040705 00187840002 00187440004 00187200008 00188520004 00187320001 00188320000 00187800000 00187960005 00188160008 00187640008 00187040006 00187000004 00188280001 00188240009 00186960006 00187880004 00188080007 Section 10, Township 48S, Ranee 26E Agenda Item No. 8C May 8, 2007 Page 195 of 216 PUDEX- 2006 -AR -9124 PROJECT #19990012 DATE: 2/14/06 HEIDI WILLIAMS 00178280008 00179360008 00178200004 00179680102 00179280007 00178160005 00179480001 00179240005 00178080004 00179320006 00179160004 00178040002 00179200003 00178840008 00178000000 00178720005 00178920009 00177960002 00177920000 00179000009 00178560003 00178120003 00179120002 00178440000 00178520001 00178800006 00178180002 00178600002 00178640004 00179080003 00179400007 00178680006 00179680005 00179440009 00178880000 00179680209 00179520000 00178240006 00179680306 00179560002 00178320007 00179640003 00179600001 00178360009 00178400008 Agenda Item No. 8C PUDEX- 2006- AR- 9124Aay 8, 2007 PROJECT #19990df2e 196 of 216 DATE: 2/14/06 LECAt DESCRIDTIONS HEIDI WILLIAMS EXHibiT B SECTION 10 All THAT PART Of SECTION 10, TOWNSkip 48 SOUTH, RANGE 26 EAST, COWER COUNTY, FIORMA fESS ANd EXCEPT THE fOf1WOiNC1 FIVE (5) PARCELS: THE SOUTH 112 Of THE NORTHEAST 14 Of THE NORTHWEST 1�4, THE SOUTH V2 Of THE SOUTHEAST 114 Of THE SOUTHEAST 1�4, THE NORTHEAST 'A Of THE SOUTHEAST 1�4 Of THE SOUTHEAST ��4, THE SOUTH 30 FEET ANd EAST 74 FEET Of THE NORTH V2 Of THE EAST 1�2 Of THE SOUTH V2 Of THE NORTHEAST 'A Of THE NORTHEAST 1�4, THE NORTH 30 FEET ANd EAST 74 FEET Of THE SOUTH 112 Of EAST t12 OF SOUTH 1I2 Of NORTHEAST 1/4 Of THE NORTHEAST 1�4. SECTION 15 ARAM PART Of SECTION 15, TOWNSHip 48 SOUTH, RANGE 26 EAST, CORIER COUNTY, FiORIdA LESS ANd EXCEPT THE NORTH 11/2 Of THE SOUTHWEST 'A Of THE SOUTHWEST 1/4 Of THE SOUTHWEST 1�4, ANd THE SOUTH !6 Of THE SOUTHWEST 1�4 Of THE SOUTHWEST 'A Of THE SOUTHWEST 1/4 SECTION 22 All THAT PART Of SECTION 22, TOWNSHip 48 SOUTH, RANGE 26 EAST, COWER COUNTY, FiORidA THE NORTHEAST 1/4 Of THE NORTHWEST Y4, ANd THE EAST X12 Of THE NORTHWEST ��4 Of THE NORTHWEST 1/4, THE WEST V2 Of THE SOUTHEAST 'A Of THE NORTHWEST 1�4, THE EAST 1/2 Of THE NORTHWEST 1/4 Of THE SOUTHEAST 'A , THE EAST 1/2 Of THE SOUTHEAST 1/4 Of THE NORTHWEST 'A, THE NORTHWEST 'A Of THE NORTHEAST 1�4. ANd THE WEST 1/2 OF THE NORTHEAST 1/4 Of THE NORTHEAST 1�4, THE EAST 1/2 Of THE NORTHEAST 'A Of THE NORTHEAST 1I4, THE WEST %2 Of THE SOUTHWEST 11/4 Of THE NORTHEAST 1/a, THE EAST 1/2 Of THE SOUTHWEST 'A Of THE NORTHEAST 1V4, THE EAST V2 Of THE NORTHEAST'A Of THE SOUTHWEST Y4, Agenda Item No. 8C May 8, 2007 Page 197 of 216 THE EAST 1/2 Of TkE WEST 1�2 Of THE SOUTHEAST 1�4 Of THE SOUTHWEST 1�4, THE WEST V2 Of Ti E EAST !/2 Of THE SOUTHEAST 'A Of THE SOUTHWEST 'A, THE EAST 1�2 Of THE EAST 11/2 Of THE SOUTHEAST 1/4 Of THE SOUTHWEST 114, THE NORTH V2 Of THE WEST 1�2 Of THE NORTHWEST 14 Of THE SOUTHEAST 1/4, THE SOUTHWEST 1�4 Of THE NORTHWEST 'A Of THE SOUTHEAST ��4, THE WEST Y2 Of THE SOUTHWEST 1/4 Of THE SOUTHEAST ��4, THE WEST % Of THE EAST 11/2 Of THE SOUTHWEST 1/4 Of THE SOUTHEAST 1�4, Nov 23 05 L0t23a PM8 Ino _. AFFIDAVIT 4350002 Agendal0tefh No. 8C PUDEX - 2006 -AR -9 a 198 of 216 — PROJECT #19990012 DATE: 2/14/06 HEIDI WILLIAMS We /I, LJ 6, (2+0_L)S�,Lr1 of IMCOLLI R Joint Venture belnq first duly sworn, depose and say that we /I 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 opplicotion, are honest and true to the best of our knowledge and belief. We /I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public haarings will not be advertised until this application is deemed complete, and oil required information has been submillcd. As property owner We /I further owhorhe Richard Yova ovich p�Goodlette Cyrlaman rnld Johner�n to act os our/my representative in any matters regarding this Petition. waa : �-Q_--` Signature of Property Owner Typed or Printed Nome of Owner Signature of Property Owner Typed or Printed Nome of Owner The foregoing Instr inonr 1was Q4knawledged before me this j (V day of „� � 2005__, by tvt.`� `l�tl �._K9who is personally known to me or has produced ._. —as identification. '_ "'•., John ). Sterling 4• ¢r"• MY COMMISSION# DD076621 EXPIRES =i•., April 5, 2006 eF+ BONDED 1HRU'MAIN INSURABLE INC �i °int)n Stote of Florida (otary Public - State of County of Collier (Print, Typ e, or Stomp Commissioned Name of Notary Public) 1'U1) F mi,iM Ppn!Iculiuu Mar 21 aG oet46a PMS Inn PMS, Inc:. of Naples Project Management Service TO WHOM IT MAY CONCERN- 485908£2 Agendli lt4m No. 8C May 8, 2007 The staff of FMS, lac. of Naples has my permission to act as my agant for all ponnitling issues with Collier County Development SCI'ViMS Mirtil)ili g dle submittal and completion of all County and State Permitting application processes For the Ntirasol PUD extension. Print Name of Owner Uwncr Si�rtl to State of Florida County of Collier Tltc I'oregoin Agent `tgrr 1 (it letter w iowledged bcfo:'e me thi _ day of =2000 by _=.�.1_. -� , who is personal Iv known to lt�e or who has produced us lde ficatiou oral who did (did not) take an oath, . nun. u . ...............................q Public Scal dENWFER C. CASTILLO + CannW irAm070 p LMPMr� 1IYiV20f0 Sw4w You (Y00Mu4M .unwn... low Signature ot'N a }' (Ca Print `Jame n - "?� uw PUDEX -2006 -9124 Resubmittal Project: 19990012 Date: 4/6/06 Heidi Williams 2135TiIM.FJjll'I l al N.,%uile Kin, Nnplcti, 004103 /(2}9)47$.9030 x5/ Vox 4- M.-KAi mm l: lanaiac us flo(i)rin�n:yJ w.vmi Parent In Number: 0019 -7a f WOO Warranty Deed / This Indenture, , Made this //' dnyof January , Willialq E. Fleming and Norma M. Fleming, as Trusts William . -E. Fleming and Norma M. Fleming Revocable I Agreement dated March 31, 1995 of the County of Buncombe , Sono of North Imcollier Joint Venture, a Florida Joint Venture whose address is: 6025 Carlton Lakes Blvd., Naples, Florida Agenda Item No. 8C 290°10,1T1.6*w !HCOFOI 6 f I 0 'DWIGHT 1. BROCB, CLUE CONS 100000.00 RIC FIB 6.00 DOC•110 2100100 2 A.D., ISetwee" of the rvivoa Trust , grantor, and or ma County or , state or Florid* , grnntea. Witncsseth shat the GRANTOR, for and in oonu&mticaoflhe Sant of ___ _____TEN DOLLARS ($10)___________ ___________ DOLVR, and oiler good and valuable con¢Idetation to GRANTOR in hand field by GRANTOR, the roeeip wkteof is heaby nchowkdged, Ya. grnnmd, bargained and sold to ilia ¢old GRANfBE and ORANTDGS heirs, eaocouoes and esdi; fore r, Ih< following described lend, silaala, lyingandborigialbeCuntyof G011ier Store of FlC to wit, East 1/2 of the East 1/2 of the Southwest 1/4 of to Northwest 1/4 of Section 22, Township 48 South, Range 26 East, Coll er County, Florida, less the East 1/2 of the East 1/2 of the orth 1/2 of the East 1/2 of the Southwest 1/4 of the Northwest l/4 of Section 22, Township 48 South, Rango 26 East, Collier County, lorida. Subject to.current taxes, easements and reetrictionis of record. Grantors warrant that the prop¢ ty is vacant and not their and the as dor does hoteby fully wanent ilia title to said land, and will defend the Benno ngainst lawful claims of all poison. whaneocvar. In Witue83 WherCOf, the vwdor ties hereunto set In In I and sent @o day end ycer fast nbov. mi on. Signed, sealed and delivered In our pr co: 7M% y r / (�%'?�-- lL��... By: y�� (Seal) Printed Name: isS R, 1Sit5 William E. Fleming, rustee Wi nesa P.O�7Addrms:7Ripslubi ltond�Csndleq NC 1870 t�LO -2�aL. 4 "✓t,I,OY,e,s_ By: �71 ... Printed Name: < 6<Spn • ! ec(Ci Fr ;' Norma M. Fleming, Tr tee Witness - I'D. Milieus: 7 Rlp.hln Road, Cimllcr, NC 28715 STATE OF North Carolina COUNTY OF Buncombe wooa The foregoing iasa esnd was ncknawlnd d before me this / � day or January , 2002 by William E. Fleming, Trustee and Norma M. Flaming, Trustee on behalf of said trust who me yvsenally known to use onvho lave Pre Juudlheir driver a license u identificntion. Printed Name: �QFiG %Il�iu• rR /f4 Notary Public My cisivesiot expires: don.ne a,n P.uila.0 ^... i':, moo osi, ss'd i6wo: -i PROJECT #19990012 2915331 0 DATE: 2/14/06 RICOROIO in OFFICIAL HEIDI WILLIAMS 01/11/2002 at 09:410 This Document rrepared By and Return hu 0ughterson, Sundhaim 6 Woods, P.A. 310 9W ocean Blvd. Rein: Stuart, rL 34994 281 -0660 QUICK 9TST1HR Hf AL .(561) PICA BP Parent In Number: 0019 -7a f WOO Warranty Deed / This Indenture, , Made this //' dnyof January , Willialq E. Fleming and Norma M. Fleming, as Trusts William . -E. Fleming and Norma M. Fleming Revocable I Agreement dated March 31, 1995 of the County of Buncombe , Sono of North Imcollier Joint Venture, a Florida Joint Venture whose address is: 6025 Carlton Lakes Blvd., Naples, Florida Agenda Item No. 8C 290°10,1T1.6*w !HCOFOI 6 f I 0 'DWIGHT 1. BROCB, CLUE CONS 100000.00 RIC FIB 6.00 DOC•110 2100100 2 A.D., ISetwee" of the rvivoa Trust , grantor, and or ma County or , state or Florid* , grnntea. Witncsseth shat the GRANTOR, for and in oonu&mticaoflhe Sant of ___ _____TEN DOLLARS ($10)___________ ___________ DOLVR, and oiler good and valuable con¢Idetation to GRANTOR in hand field by GRANTOR, the roeeip wkteof is heaby nchowkdged, Ya. grnnmd, bargained and sold to ilia ¢old GRANfBE and ORANTDGS heirs, eaocouoes and esdi; fore r, Ih< following described lend, silaala, lyingandborigialbeCuntyof G011ier Store of FlC to wit, East 1/2 of the East 1/2 of the Southwest 1/4 of to Northwest 1/4 of Section 22, Township 48 South, Range 26 East, Coll er County, Florida, less the East 1/2 of the East 1/2 of the orth 1/2 of the East 1/2 of the Southwest 1/4 of the Northwest l/4 of Section 22, Township 48 South, Rango 26 East, Collier County, lorida. Subject to.current taxes, easements and reetrictionis of record. Grantors warrant that the prop¢ ty is vacant and not their and the as dor does hoteby fully wanent ilia title to said land, and will defend the Benno ngainst lawful claims of all poison. whaneocvar. In Witue83 WherCOf, the vwdor ties hereunto set In In I and sent @o day end ycer fast nbov. mi on. Signed, sealed and delivered In our pr co: 7M% y r / (�%'?�-- lL��... By: y�� (Seal) Printed Name: isS R, 1Sit5 William E. Fleming, rustee Wi nesa P.O�7Addrms:7Ripslubi ltond�Csndleq NC 1870 t�LO -2�aL. 4 "✓t,I,OY,e,s_ By: �71 ... Printed Name: < 6<Spn • ! ec(Ci Fr ;' Norma M. Fleming, Tr tee Witness - I'D. Milieus: 7 Rlp.hln Road, Cimllcr, NC 28715 STATE OF North Carolina COUNTY OF Buncombe wooa The foregoing iasa esnd was ncknawlnd d before me this / � day or January , 2002 by William E. Fleming, Trustee and Norma M. Flaming, Trustee on behalf of said trust who me yvsenally known to use onvho lave Pre Juudlheir driver a license u identificntion. Printed Name: �QFiG %Il�iu• rR /f4 Notary Public My cisivesiot expires: don.ne a,n P.uila.0 ^... i':, moo osi, ss'd i6wo: -i PUDEX- 2006 -AR -9124 9fk)p 2914067 A d2 64 PROJECT #19990092 yyr} 9 DATE: 2/14!06 RBCDaDeO in 0[PIC[AL R6 PL �' HEIDI WILLIAMS fCIR a pl(04 /lOp2 et 10:2lAN H c ,, CONS 100000.00 RIC Pall 6.00 'fbls Document Prepared Dy end Romero be: pDa•, 70 700.00 Oughtesson, Sundheim i Woods, P.A. ROt01 310 SW Ocean Blvd. - Stuart, FL 34994 DARLICK RTKTLBA 61 Al (561) 207 -0660 PICK UP Paced lD Number•. 001877 60001 Warranty Deed This Indenture, Made this /N`v day of January , 2002 A.D., Between Jack W. Fleming and Emil Flaming, his wife also known as Emil A. Fleming of um Cooney of Martin , Stale of Florida , grunters, and Imcollier Joint Venture, a Florida Joint Venture abuse address is: 6025 Carlton Lakes Blvd. , Naples, FL 34110 of the Camay of Collier , sham or Florida , grantee. Witne98eth that the GRANT ORS, for midln conaidrmtieh oftlo sum of - - -TEN DOLLARS ($10)'______________________ DOLLARS, and mur goof and valaeble eonsidemtlon to GRANTORS to (sand paid by GRAM BE, the rccelpl wimrtof u hereby neknowledged, have gnmmd, Wngamed and,old me Ilse mid GRANTEr and GRA ME-S hairs, nucecmore mud m,igm forever, the following damilod lend, situate, lying mud being in the County of Collier state of Florida to WHO The East half of the East half of the North 1/2 of the East half of the Southwest quarter of the Northwest quarter of Section 22, Township 48 South, Range 26 East, Collier County, Florida. Subject to current taxes, easements and restrictions of record. and the granto,. do moelry Silly wnrmat tie title to ,aid land, and will defend the mmm ognium lawful clninu of all persons wboosoevw. to Witness Whertof,ea grnnons have heommm set Ihdr head, and stub the day and year hol above wfillen. Signed, scaled and deiivf0 4 our presp we: Witness (Seal) P.O. Address: 5772 SE Name Terrace, Sluort, F-L 34994 (Scat) Emil Fleming r/ P.O, Ad dren : 5772 SE Nammrl'crrae, SSdas•1, •L 34994 STATIC OF Florida COUNTY OF Martin The foregoing iumrument wa, ackvowledged beta"" me this +th day of January , 2002 by Jack W. Fleming and Emil Fleming, his wife sv[uo me pnaonnity Wsown to nu anvho hnvc p+oduoed !Lair Fl Orlda dr Is lie a d ml CnliOmti . =WOOMM aaaeci 9HEFg,JR W lty0l / "printed N u`„n5am !/ Notary Pub is My ocnmdmion Bxphw: 1-997 - cuanemu,darornyrrsyno.., m,- am ae 7u.L„ Pm,nrLwut .--11 111-M ran of u4 ue•PUDEX- 2006 -AR -9124 g$'k 2914018 AQRTd2QQ FSYI A 10WGN zNMme�Mmf Sr SUICi 5151 h-rwA nr . s)p'I ea Hal c e W PROJECT #19990012 DCOHED I OEEIC[ALN� ODD pov, pW715 k�9PY, PL DATE: 2/14/06 Cl /09/2D02 at 10;t9AH ONf'B. E�I H EIDI WILLIAMS CONS Is000D.Do DEC PEE 6.00 DOC -,70 17501 PREPARED WITHOUT OPINION BY: Aetnl GARY J. RAUSLER, ESQ. GARLICK SWISS E4 AL 950 North Collier Blvd., Suite 202 ?ICE UP Marco Island, Florida 34145 Folio No. 00157080008 WARRANTY DEED This Warranty Deed, made this '7731 day of January 2002, PHYLLIS H. PALME It, Individually and as Trustee of the Phyllis H. Palmer Declaration of Trust dated May 5, 1994, as to an undivided one-half (112) interest, with full power and authority either to protect, conserve and to sell or to lease, or to encumber, otherwise manage and dispose of real property described herein, herein called the Grantor*, to JMCOLLIER JOINT VENTURE, a Florida Joint Venture, whose post office address is 6025 Carleton Lakes Blvd., Naples, FL 341 L0, hereinafter called the Grantee *: Witnesselh: That the Grantor, for and in consideration of the sum of Ten and no /100 Dollars and other good and valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains and Delis aliens, remises, releases, conveys and confirms unto the Grandee all that certain land situate in Collier County, State of Florida, viz: The W est one -half (1/2) of the Northwest onc- quarter (1/4) of the Northwest one - quarter (1 14) of Section 22, Township 49 South, Range 26 East, Collier County, Florida. Subject to casements, restrictions and reservations of record and to taxes for the current yen and thereafter. Grantor "Grantor" °thee pr°ope y 4�t. ♦'lathe l on ex degriorts hor ]xsestead. I DGETHEtt, with all the tellemcnn, haredienrcnrs and appurtenances thereto belonging or in anywhezWenaining. MTU, Grantors do hereby covenant with said Grandees that fire tdramota are IawNtly seized of said land in fee simple; Ibat the Grantors have good right and lawful suthority to sell and convey said land, and hereby warrant tire title to said land and will defend the same against the lawful claims of all persons whomnoevcr, and that said land is free ofall encumbrretic , except taxes amruing subscyucnt to the curraU year. IN WITNESS WIIEttEGF, said Grantor has signed] cad senlyd these premn s em day a year first o W w written Signed, acakd and ddiversd in our, prracnce aC Witness �� l \ N'' 1 I PrE mess #2 Signature ILL-1 M • QG� Witness #2 Prinl Name STATE OF FLORIDA COUNTY OF COLLIER PI IYLLIS K PALMER, htdividually and as Trustee 2100 Shad Court, Naplcs,TL 34102 The foregoing instrument was acknowledged before me this -7TH day of January, 2002 by PHYLLIS H. PALMER, Individually and as Trustee of the Phyllis H. Palmer Declaration of Trust dated May 5, 1994, who ere- parsonally knownao me or has produced 7j t/G1C,5' G /LP.JSE as identification and who did not take an oath. SEAL My Commission Expires: N Lary Y b)ic Signature FSYI A 10WGN zNMme�Mmf Sr SUICi 5151 h-rwA nr . s)p'I ea Hal c e W N Lary Y b)ic Signature Jan U7 U2 U214YP Ini-H1Yn III, PUDEX- 2006 -AR -9124 PROJECT #19990012 DATE: 2114106 HEIDI WILLIAMS PREPARED WITHOUT OPINION BY: GARY J. HAUSLER, ESQ. 950 North Collier Blvd., Suite 202 Marco Island, Florida 34145 Polio No. 00187080008 2914076 AWd�#gh68 1173 83CORDID la OTAICIR p �yiblosItg 2rioTT, PL 01/09/2002 at 10:29AN DNIONT N. BROCXI CLARK CORs 250006.00 NBC 113 6.00 DOC -.70 1750.00 Reta: OARLICX STATUR IT Al, PICX UP WARRANTYDEED This Warranty Deed, made this -7 day of January 2002, CHESTER W. HAHN, JR., Individually and as Trustee of the Chester W. Hahn, Jr. Revocable Trust Agreement dated May 13, 1994, as to an undivided one -hulf (112) interest, with fall power and authority either to protect, conserve and to sell or to lease, or to encumber, otherwise manage and dispose of real property described herein, herein called the Grantor *, to IMCOLLIBR JOINT VENTURE, a Florida Joint Venture, whose post office address is 6025 Carleton Lakes Blvd., Naples, FL 34110, hereinafter called the Grantee *: Witnesseth., That the Grantor, for and in consideration of the sum of Ten and no /100 Dollars and other good and valuable considerations, receipt whereof is hereby acknowledged, booby grants, bargains and sells aliens, romises, releases, conveys and confines unto the Grantee all that certain land situate in Collier County, State of Florida, viz The West one -half (1/2) of the Northwest one - quarter (114) of the Northwest one- quarter (t /4) of Section 22, Township 49 South, Range 26 East, Collier County, Florida. Grantor warrants that the property is vacant land aril not his harlestead. Subject to easements, restrictions and reservations of record and to taxes fur the current year and thereafter. * "Grantor" and Grantce" ate used for singular or plural, as context requires. TOCETHER, wide all the teramems, hcredlromeuts and appum.anecs therclo belonging or le alryMsc appertaining AND, Grantors do hereby covenant with said Grantees that the Grantors are Iawfutty seized ofsaid land in fee simple; that the Grantors have good right and lawful authority to sell and Convey said land, and hereby warrant the title to said land and will defend die same against die lawful clainhs of all persons whomsoever; and the said land is free of all encumbrances, except taxes accruing subsequent to the current year. IN WITNESS WHEREOr', said Uranror I'm signed and scaled Nese presents the day a year that above written Signed, sealer) and delivered In our presence of Wltheas 91 Signature ffeaC'/L � /dOGiEKl i aI1Pn ae n Ness ill Signature WtLL7� M o9e�.a -A/ X4ilness t2 Print Name CHESTER W. HAHN, JR., Individually and as Trustee 2100 Shad Court, Naples, FL 34102 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 77?S- day of January, 2002 by CHESTER W. HAHN, JR., Individually and as Trustee of the Chester W, Halm, Jr. Revocable Trust Agreement dated May 13, 1994, who ary ics@onaFlyOtiitawata me or has produced 72t U L i e �5 as identiSeaGon and who did not take an oath. SEAL My Commission Expires: No ry Public Signature N�- C111RYL A.nOWIN CXYIIILfi: IWlrnarl OT.\oY nn.wc1vyS,— cMela3o.9 19 CO _ . Agenda Item No. 8C May 8, 2007 PUDEX - 2006 -AR -9124 Page 204 of 216 PROJECT #19990012 2914066 OR; 2960 PG; 0762 DATE: 2114/06 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL HEIDI WILLIAMS 01/09/2002 at 10:20AN DWIGHT R. BROCK, CLERK CONS 1150000,00 RIC EBB HAD DOC -,70 0050,00 Retn: GARLICK STBTLER IT AL PICK UP {� 0( 9 7� 9 6 Z 0 b WARRANTY DEED THIS INDENTURE, Made this day of r 2002. BETWEEN: ANDY R. MORGAN, a married man whose post office address is: 172 Hickory Road, Naples, Florida 34108 the Grantor, AND: IMCOLLIER JOINT VENTURE, a Florida Joint Venture n whose post office address is: W SJ L I;-ItO h 4 )Vles F/ -3 the Grantee and whose Social Security or Tax Identification No. is WITNESSETH, That the Grantor, for and in consideration of the sum of TEN DOLLARS AND OTHER VALUABLE CONSIDERATIONS, in hand paid by the Grantee, receipt whereof is hereby acknowledged, hereby conveys to the Grantee the real property in Collier County, Florida, Tax Assessment Roll # , described as: The West 1/2 of the NE 1/4 of the SW 1/4 of Section 22, Township 48 South, Range 26 East, Collier County, Florida. THIS IS NOT the homestead of the Grantor. Grantor's homestead is located at 172 Hickory Road, Naples, Florida 34108. SUBJECT to: real property ad valorem taxes for the year of closing; zoning, building code and other use restrictions imposed by governmental authority; outstanding oil, gas and mineral interest of record, if any, and restrictions and easements common to the subdivision OR: 2A Gm"a�ki,l2DoV* Page 205 of 216 SUBJECT to easement to Florida Power & Light Co. recorded in 0. R. Book 1333, page 2053, Public Records of Collier County, Florida. And the said Grantor does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever... Signed in the presence of: Witness �] R Printed name: 6 �d*e 5P r✓ DIp J� Witness Printed name: STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, ANDY R. MORGAN, a married man, to me () personally known or O who produced Florida drive(ilicense(s) as proof of identification. WITNESS my hand and seal this day of Notary Public, This instrument prepared by: Thomas R. Brown, Esquire 2660 Airport Road South Naples, Florida 34112 2002. of Florida E OFFICIA�i�OOTM - JOAN M BURTON RY PUBUCSTATE OF FLORIDA OMMISSION NO. DD026978 DMMIS51ONF r. rNS_100.75 PUDEX- 2006 -AR -9124 PROJECT #19990012 DATE: 2/14/06 HEIDI WILLIAMS PREPARED BY AND RETURN TO: Philip J. O'Connell 4260 Central Avenue St. Petersburg, FL 33711 b b � q ��'3-bOU 1 Agenda Item No. 8C May 8, 2007 Page 206 of 216 2915327 OR: 2961 PG: 3042 RICORDID la OFFICIAL RICORDS of COLLISR Cum, PL D1111/2002 at 04:46AX DWIGHT I. (ROCK, CLARK CM 400000.00 RIC Us 10,50 DOC -.10 2100.00 Rota: GARLICK SUTLER 17 AL PICK DP TIRS WARRANTY DEED MADE this day of , 20 QA between KAREN FLEMING CARTER, a single woman, of a ounty of Pinellas, State of Florida, hereinafter called the Grantor(s), and IMCOLLIER JOINT VENTURE, a Florida Joint Venture, whose post office address is C/O Garlick, Stetler & Peeples, LLP 5551 Ridgewood Drive, Suite 101, Naples, Florida 34108, of the County of Collier, State of Florida, hereinafter called the Grantee(s), WITNESSETH, that the said Grantor(s), for and in consideration of the sum of TEN DOLLARS ($10.00), and other good and valuable consideration, to her in hand paid by the said Grantee(s), the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantor(s), her heirs and assigns forever, the following described land, situate, lying and being in the County of Collier, State of Florida, to wit: W112 of the E %2 of the SW 114 of the NW 1/4 of Section 22, Township 48 South, Range 26 East, Collier County, Florida, Grantor warrants that the property is vacant and not her harestead. And the said Grantor(s) does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever claiming or to claim the same by, through and under the Grantor(s) herein. IN WITNESS WHEREOF, the said Grantor(s) does hereunto set her hand and seal the day and year first above written. Signed, Sealed and Deliv ed 4itn Bence o (SEAL) KAREN F LEMINf,' CARTER Wi ess DEBORAH O'CONN£LL CARDER & PHILIP J. O'CONNFLL. ATTORNEYS AT LAW Agenda Item No. 8C May 8, 2007 Page 207 of 216 OR; 2961 PG; 3043 * ** STATE OF FLORIDA COUNTY OF PINELLAS I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared KAREN FLEMING CARTER, personally known to me to be the individual(s) described in and who executed the i instrument and she acknowledged before me that they executed the same. SS my hand and official se'. of , 2W L My Commission Expires: DEBORAH O'CONNELL CARDER & PHILIP J. O'CONNELL, ATTORNEYS AT LAW MAR 14 2002 17:37 FR CHICAGO TITLE boomat ta" M an ow Sawa to, bevld G. Dow, &Mir* Dow am agmrr 3077 livid" Orin, Suite 201 (943) 263-0 rli oo 31103 2RRCCL to NONUR, 00177030000 psltipld) U=Auty Dowd Agenda Item No. 8C 941 275 3194 TO 5976984 Page 2 of 16 2152861 OR: 2887 PG; 2307 MASS L Nnutat UM d 044 aim, R N1plN11 N Kdda MW 1. max, ME do WICK I11 d 14,N mIGIG I.N IIF.N NNU7N IIL; 1131 My MM rAl Ulm IL Hie Vole radmaboam, made this 2726 day of Ago= , 2001 A.D., buts (a) Paul P. Kisman, Individually, and ae successor Trustee under The North Naploa Lend Trust Rgredueat dated June I, 1920; (b) J.D. Nieawandar (a/k /a J.D. Nicwondar, Jr.n Jay D. Nicwondert Jay D. itiaswander, Tr.); and (c) Carolyn Nieewonder, sherry Nicwander and Kart D. Nieewonder of the Comsanvealth of Virginia, Govttoei, end IMCOLLIER JOINT WNTORE, a Florida General Partnership wbose address is: c/o Robert G. Clausaen, 2105 Piper Houlavard. Naplts, of the county or collier, State of rlorida, 34110, Granter. IKtaoyeaetb that the GRANTORS, for and in consideration of the sum of------ ---- ----- ------ TEN DOLLARS (610)---------- -- - - -- DOLLARS, and other good and valuable consideration to GRANTORS in hand paid by GRANTEE, the receipt whereof is hereby acrtwttledged, has granted, bargained and Bold to the said GRANTEE and GFANTE8'S hdito, successor$ and aeaigns £ortvor, the following described land, situate, lying and Wing in the county of Collier, state of Florida, to wit: See attached Exhibit A. subject to ad valorem real property tares for the year of closing and subsequent yaarat caning, building code and other use restrictions imposed by governmelttal autherityl outstanding oil, gee and mlaeral interests of record, if any. and restrictions, reeervatione and easements of record, f any. This is not the hawaetood property or the Grantors, or any or them, all of whom reside outside the stato of Florida, ,Grantor, Paul Pe Nisma, as Succnasor Trustee under The North deploys Land Trust Agreement dated June 1, iW, has the power and authority either to protect, conserve and to moll, or to lease, or to encuWZ r, or otherwise to Nonage and dispose of the land weed of record by him as such successor Trustee. and each grantor data hereby fully warrant the title to that portioa of said land which is owned of record by that Grantor, and will defend the some against lawful claims of all persons whomsoever. PUDEX- 2006 -AR -9124 PROJECT #19990012 DATE: 2114106 HEIDI WILLIAMS Agenda Item No. 8C MAR 14 2002 17[37 FR CHICHGV 11ILt `.141 z(o J1dw IV 7J /bD04 May B!200'7 Page 209 of 216 OR: 2997 PC: 2306 MA Witbeas 101sraa9, the ctanteta have hereunto sot their hand and seal the day and year first above written. Signed, sealed and delivered in our presence: lRLNYLo NAl� i ,xci.. , wrrinm PRIM= X1 - 1A UV 660tWS %bra- n ItlTNC8S � VRS TAD lUlfEt i%N/ _:i/r.C,►fr _ ✓ IS NIt11E$£ VRINTBD IiAtfEl t.GV ." MltMnss mtiYtBD Wwct.dM�'— ' sBLtc�r +�_ 1 , !'P.SISSSID AnMt A&,.4 J PAUL D. WISHM, Individually, and as Successor trustee coder The North Naples Land TrUr Agreement dated June 1, 1989 .D. NICb1WNDSR la/ /� — ~' .0. Nicavender, Jr.t Jay D. Dicasondeq Jay D. NiceWonder, Jr.,) ./� BHSRAYVNIC�lviia� ✓� *Addtmsa for all arantoret o/o J.D. Y.icowander. Ito trlstol E2;ct Road, Bristol, Virginia 24202 -5$00, Agenda Item No. 8C MAR 14 2002 17:37 FR CHICAGO TI "1Lt May 8, 2007 Page 210 of 216 OA; 2881 PG: 2309 CO!laONN&ALTN OF YINLiINIA oTheforegoing instz"nt wan acknowledged before me this .bD1.. y , by PAUL F. NISNAN, Individually, 4019- sueeanaor Trustee uadar TN North Naples land Trost Agreement dated Juna 1, 1989, who is personally known to we or who produced e driver& license as identification. NL (019=1110q ialaaa JaN. 714003 , CO101071NBALTA 07 Vr%=NIA The forageing instrunflAt was acknowledged before me this �.2m day of AMM , 2001, by J.D. Nicawonder (a /t /a J.O. Nicevolldex, Ja.t Jay�d'. Hieewonderr Jay O. Nicavonder, Jz.), who is personally known to me or who produced a drivera license as ldaheification. �J, .- .. Ilr 91071 tR�a Jalta ]1',�301k Cma"WMTH or VIHGIHIA The foregoing instrument was acknowledged before me this _ day of Ammar r 2001, by Carolyn Hicewoeder, who is personally own to mn or who produced a drivers license as identification. OTA(i�� -�fL t'Ciy�lN ✓ wr Comas= mum ]af. at,, amt• CCCNtlWaRITH Or VIRGUILA The faragaing instrument was acknowledged before Ina this s day o! mer , 2001, by sherry Hicewonder, who i0 per0enal y known to am or who produced a drivers liugue as i entificatLon. 9��%s ✓ NOTARY P C HE OOMOfaalDa WIRS; CONNONUMT11 OF VIRGINIA The foregoing instrument was acknowledged before me this 2810, day of aaa0ar 2001, by murk O. Nicewonder, who Ls psrsonally"�aevn to lea or who produced a drivers 1Leenes as idestificacfon. xe, M Y _ M zoF salolae Jan. s1, =Oz w,r Au.wa., - a •• � •• • '�" oa; 28ay �c; 23rD ALL OFO = 08U, TOWNSIM4ESWMF •ANOES6 EAST, COUJ000UNTY FL=A; AND ALLTHAT FART OF S=OW ATOWNSHW 0 SOVTH,RAHOS 24 EAST, COLLIER COUNTY,TT = A, UWOMW ?AR1TCULMYDESCtMEDASFOLLOWS; • THENORTHEAST V4 OF TNBNORT10w 114, AND THE EAST 12 OF THE NORTHWF.4T 14 OF THENORTHWIMT IK, THE WEST 12 OF THE SOVFIIEAST u4 OF THE NORTHWEST U4, ?*M FAST UL OF T U- NORTNW85'S U40F NHS SOUTIOIAST IN, TM EAST Vi OF nM SOVTREAST 114OF nMNORTHWEST V4, THENORMEWEST 1N OF THENORTH£AST 114; AND THE WEST 120F THE NORTHEAST 1140FTT#11OR70= t/4. THE EAST 1/2 OF TH3WQRTNEA.f T W OF MM NORTHEAST 114, THE WEST US OF TIM SOUTAWW IA OF THENORTIMAST 114, TIM ROT 12 OF THE SOUTHWEST 114 OFTHS NORTHEAST IA, THE EAST U2 OF THE NORTHEAST V40FT IM SOVnrW%T 114, nM EMT 14OFEKS WEST I20FTHESOVUW.4 T114OFT1ESOUTIIWESTIM, TIM TIM VW �T L? C? IR. EAST 11W OF TIM SOVDM&ST QUARTER OF THE THE EAST KAXX OF TT$EASTHALF OFUM SOUT M ST QUARTER OF TAE SOUT1[WSST QUART sk TR6 NORTH 14 OF THE WPAT IR OF TI8 NORTHWEST 114 OF WE SOUTHWT 114, THS SMWWEST 114 OF TEENORTHWSST V4 OF TIE SOUTHEAST 114, TIM WEST la OF THE SOUTff WEST 114 OF THE SOUTHEAST 114, THE WEST7140 THE EAST 120E THE SOUTEV w )/4 OF THESOUT8E x ►/4. WEIOF2 Agenda Item No. 8C May 8, 2007 Page 211 of 216 Agenda Item No. 8C -- - - May 8, 2007 Page 212 of 216 "I OR; 2887 PC; 2311 ttt EXM101T "A' All %Upart of 69;d" 10, Towoehip 4g S=*, Reoga 26 SaeA C; uurCoa fy, Plod* Less and wwgA the following Your (4) pmoelt: 1) Tat Soath %of the NottbmdY,offtNorftw tV. 2) The South K oftk SoatbaeM K offbc SoutbaW Y. 3) The 46cft t V4 of tha Sanbeax'/. of file SoWha i V4 4) 7ho Nortbwed V. of toe Sowim V4 of the Somhow V4 PW2of2 ** TOTAL PAGE.10 ** Agenda Item No. 8C May a,-200f Page 213 of 216 he 2852084 M; 2807 N. 2322 Irmtll b /R(QiL [07111( of OR3l;I art, n I1MIMI it u;illl W=1, a=. = Ism ISM 14 111 I.N nls eecvrt hmnA or mi sows. to' Ilo.11 11 Mb: Sa id 0. Rudd, ?Agora k lei Won) AND RRXNM 2131 Ylal a jai 3077 Rlviara arlve, auita 201 1121M n Nle wsplaa, rlorida 34101 (241) 263-7700 aa� . 10 wwmra: 0010200003 IesltiPlal Qaitclai an Aeasd arose poito2alo Dasd, made this 20770 day of ggUI , A.D. 2001, .7.0, Nioewandsr (a /C /a J. 0. Hioewendec, Jr.; Jay D. Nicevonder? Jay D. Niceuander, Jr.) , carolyn RLoowondor, Sherry Nicawonder and Hark D. Nicawondor Of the Cwanaavealth of Virginia, frantora, and IHCOLLIPR JOINT VENTURE, a Florida General Partnership whose addreee ism -- c/o Robert G. Claussen, 2405 Piper Boulevard, Naples, of the County of Collier, State of Florida, 31110, granters. 110msseth that the GAAtTORS, for and in conaideration of the sum of DOLTAR3 IS10)-- •�-- ..._...._..DOLURB, RDA other good and valuable Consideration to OPANTORS In band paid by GRANTER, the receipt whereof is hereby acknowledged, has grantad, bargained and quitclained to the said GRR}i= end GRRNTEC'S heirs, successors and asaigna forovar, the following described land, situate, lying and being in the County of Collier, state Of Florida, to wit- see attached Crhibit A. Together with all other lands owned of record by Grantor in Sections 10, 13 a 22, Township 40 South, Range 26 East, Collier County, Florida, IF ANY, Subject to ad valorem seal property taxes for the year of closing and subsequent yearn; toning, building code and other use restrictions imposed by goverenontal authority; autatending oil, gas and adneral interest& of record, it any? and restrictions, reservation and e&aomants of record, if any, Thie IS not the homeatead property of the Grantors, or any of them, all of whoa reside outside the State of Florida. To taw sad to toil the same together with all and singular the apportenoas thareento belonging or to anyvise amartatning, end all the aerate, right, title, intersat, lien, equity and Clair whatsoever of grantor, sichar in law or equity, for the use, benefit and profit of said Grantee forover. PUDEX- 2006 -AR -9124 PROJECT #19990012 DATE: 2194/06 HEIDI WILLIAMS Agenda Item No. 8C 1'lI1R !4 LllCJL 1,�J0 rR l.IllLl-IUV I11LC JY1 GIJ VLJY IV - ---VV- May-&-2007 Page 214 of 216 OR: Hal PG: 2323 Sa Witaaae lfieteel, the Grantor has hereunto set his hand and H41 the day and year first above written• signed, sealed and delivered in our presence: _ F f � I e I L r: ` 1 � e s. h Q ' .D. R cewonder (a k a yl J. D. Kicewondsc, 4-1 Jay D. Hicewonderr Jay D. Ricewonder, Jr.l t Rww -%1Eti M&RUO ✓ SXCRRY TCrM6RDCR - Address for all Grantors: c/o J.O. Nicewondar, 148 Brlatol idet Road, aristol, Virginia 2 &262 -556D. Agenda Item No. 8C "MM 14 C`Uva 11.00 rR lnllMl V 1411-C JYL GIJ 010M IV JJIVJVK Mdy8; Agenda Item No. 8C -..,, ,- May8•,2007 Page 216 of 216 slnlr a "i M 2887 PG; 2325 ttw The following parcels in Station 15, Township 46 South, Range 26 Seat, Collier County, Ylorida: 'rha south 1/2 of the Korthsaat i/4 of the Southwest 1/4 oe the Northwest 114 and the North 1/2 of the Southeast 1/4 Of the Southwe8t 114 Of the Northwest 1/4, The North 112 of the Southeast 1/43 of the Southwest 114, The North 1/2 of the NOrtheast 1/4 of the Southwest 1/4, The South 1/2 of the Southwest 1/l of the Northeast 114, The South 1/2 of the Korthweat 1/4 of the Northeast 114, The following percale is seotten 27, Township 48 South, Range 26 East, Collier COUaty, Vlorldaa The Nect 1/2 of the South-oft 1/4 Of the Southeast 1/4 and Nest 3/4 Of the ;ast 1/2 Of the $OUthweot 1/4 of the Southeast 1/4, The Kest 1/2 of the East 1/2 Of the Southeast 1/4 of the Southwest S /4, FXFCITTIVF. mummAR, Agenda Item No. 9A May 8, 2007 Page ,1 of 12 OBJECTIVE: To appoint 2 members to serve 4 year terns, expiring on April 21, 2011, to the Forest Lakes Roadway & Drainage Advisory Committee. CONSIDERATIONS: The Forest Lakes Roadway and Drainage Advisory Committee had 2 terms expire on Apri121, 2007. This 5 member committee was created on March 10, 1992 by Ord. 92 -16 to aid and assist the Board of County Commissioners in carrying out the purposes of providing and maintaining improved roadway related drainage and roadway restoration within the area of the Unit as set forth in Ord. 91 -107. They also prepare and recommend an itemized budget, work programs and priorities. Members must reside within the Forest Lakes Roadway and Drainage MSTU. A list of the current membership is included in the backup. The terms for Roger Somerville and William L. Seabury expired on May 21, 2007. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. William L. Seabury- reappt Resides within MSTU 4 1 Yes Forest Lakes Harold Bergdoll Resides within MSTU A 1 Yes None ATTENDANCE: William L. Seabury — 5 excused absences in 4 years COMMITTEE RECOMMENDATION: Reappointment— William L. Seabury New Appt. — Harold Bergdoll NOTE: Section Seven (B) of Ordinance 2001 -55 states "Terms of office for Board members 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, William L. Seabury has served 3 terms. Should the Board wish to re- appoint Mr. Seabury, 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 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: MAY 8, 2007 Page 1 of 1 Agenda Item No 9A May 8, 2007 Page 2 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 9A Item Summary: Appointment of members to the Forest Lakes Roadway 8 Drainage Advisory Committee. Meeting Date: 51812007 9.00:00 AM Prepared By Sue Filson Executive Manager to the BCC Data Board of County Commissioners BCC Office 41171200712:33:00 PM Approved By James V. Mudd County Manager Data Bcard of County Commissioners County Manager's Office 412712007 6:34 PM Agenda Item No. 9A May 8, 2007 Page 3 of 12 Coi19Wer County TO: Sue Filson, Executive Manager Board of County Commissioners FROM: Tessie Sillery, Operations Coordinator DATE: April 16, 2007 SUBJECT: Recommendation to the BOCC for filling its two vacancies in the Forest Lakes MSTU. The Forest Lakes Roadway and Drainage MSTU has received and reviewed two applications by the prescribed deadline for its two vacancies. The Applicants were evaluated based on the potential contributions to the Committee. Both applicants meet the criteria required to be eligible for the committee and both applicants reside within the MSTU's district boundary. Mr. Bill Seabury has served in this committee for 4 years and had 5 excused absences. The Committee recommends Mr. Bill Seabury for re- appointment and Mr. Bergdoll for new appointment for to the two vacant terms as indicated below: TYPE OF TERM FIELD OF EXPERTISE/CATEGORY NAME APPOINTMENT EXPIRES Bill Seabury Re- Appointment April 21, 2011 Resident in Naples 27+ years, High School and Business Management Degree — Nytel Co. Background: Communication Industry Mgr. — Repair & Installation Cable Utilities, Property Manager. Community Activities - Forest Lakes Roadway and Drainage MSTU- 4 year term and Condominium Association., Pres. Transportation Services Division Alt. Transportation Modes Department Agenda Item No. 9A May 8, 2007 Page 4 of 12 TYPE OF TERM FIELD OF EXPERTISE/CATEGORY NAME APPOINTMENT EXPIRES Harold Bergdoll New Appointment April 21, 2011 Resident in Naples 10+ years, High School Background: General Contractor in New York; such as the World Trade Center. Community Activities: Board of Directors for the Quail Run Golf Club and past Vice President position. Represented Quail Run Golf Club at several Forest Lakes MSTU meetings. Please let me know you need any other information Transportation Services Division Alt. Transportation Modes Department Agenda Item No. 9A May 8, 2007 Page 5 of 12 Forest Lakes Roadway & Drainage Advisory Committee District: 4 Category: W. William L. Seabury 501 Forest Lakes Blvd., #205 Naples, FL 34105 E -Mail: wmseabury@aol.com District. 4 Category: Mr. Robert H. Jones 1002 Forest Lakes Drive Naples, FL 34105 EMail. dones657 @comcast.net District: 4 Category: Resides within MSTU Mr. George E. Fogg 628 Woodshire Lane, #G -1 Naples, FL 34105 E -Mail: fogg62383 @comcast.net District: 4 Category: Ms. Virginia M. Donovan 1037 Forest Lakes Drive Naples, FL 34105 E -Mail: District. 4 Category: Resides within MSTU 263 -3643 04/25/95 263 -4090 05/27/03 06/08/99 649 -8692 4/11/06 261 -6062 09/13/05 261 -6062 05/28/02 649-5661 04/11/06 04/21/99 04/21 /07 04/21/02 04/21/10 04/21/08 04/21/06 04/21/10 - _ .: _' _. .z._ - - Tuesday, April 11, 2004 Page I of 2 4 Years 4 Years 3 Years 4 Years 3 Years 4 Years 4 Years Work Phone Appt'd Exp. Date Term Name Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. Roger Somerville 10/23/01 04/21/03 2 Years �• j ✓ 190 Turtle Lake Court, #210 649 -7157 05/27/03 04/21/07 4 Years Naples, FL 34105 E -Mail: District: 4 Category: W. William L. Seabury 501 Forest Lakes Blvd., #205 Naples, FL 34105 E -Mail: wmseabury@aol.com District. 4 Category: Mr. Robert H. Jones 1002 Forest Lakes Drive Naples, FL 34105 EMail. dones657 @comcast.net District: 4 Category: Resides within MSTU Mr. George E. Fogg 628 Woodshire Lane, #G -1 Naples, FL 34105 E -Mail: fogg62383 @comcast.net District: 4 Category: Ms. Virginia M. Donovan 1037 Forest Lakes Drive Naples, FL 34105 E -Mail: District. 4 Category: Resides within MSTU 263 -3643 04/25/95 263 -4090 05/27/03 06/08/99 649 -8692 4/11/06 261 -6062 09/13/05 261 -6062 05/28/02 649-5661 04/11/06 04/21/99 04/21 /07 04/21/02 04/21/10 04/21/08 04/21/06 04/21/10 - _ .: _' _. .z._ - - Tuesday, April 11, 2004 Page I of 2 4 Years 4 Years 3 Years 4 Years 3 Years 4 Years 4 Years Agenda Item No, 9A May 8, 2007 Page 6 of 12 Forest Lakes Roadway & Drainage Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndEzpDate 2nd Term This 5 member committee was created on 03110/92 by Ord. No. 92 -16 to aid and assist the Board of County Commissioners in carrying out the purposes of providing and maintaining improved roadway related drainage and roadway restoration within the area of the Unit as set forth in County Ord. 91 -107. The will also prepare and recommend an itemized budget, work programs and priorities. Applicants must reside within the Forest Lakes Roadway & Drainage MSTU. Terms are 4 years. FL STAT 125.01 Staff. Darryl Richard, Project Manager, Transportation: 659 -5775 -- Tuesday, April 1 1, 2006 - page 2 of 2 MEMORANDUM DATE: March 23, 2007 TO: Elections Office ��'(\ FROM: Sue Filson, Executive Manager J\ Board of County Commissioners RE: Voter Registration - Advisory Board Appointments Agenda Item No. 9A Lry May 8, 2007 :- Page 7 of 12 N z a to N OL Q 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. FOREST LAKES MSTU ADV COMM Harold Bergdoll 1116 Forest Lakes Boulevard Naples, FL 34105 Thank you for your help. COMMISSION DISTRICT IN Agenda Item No. 9A May 8, 2007 Page 8 of 12 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. FOREST LAKES ROADWAY & DRAINAGE William Seabury 501 Forest Lakes Blvd., #205 Naples, FL 34105 Thank you for your help. COMMISSION DISTRICT q Agenda Item No. 9A May 8, 2007 MEMORANDUM Page 9of12 DATE: March 23, 2007 TO: Tessie Sillery, Transportation tions FROM: Sue Filson, Executive Manager Board of County Commissioners RE: Forest Lakes Roadway and Drainage Advisory Committee As you know, we currently have 1 vacancy 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: Harold Bergdoll 1116 Forest Lakes Boulevard Naples, FL 34105 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 Board of Counts Coinmissioners 3301 Last Tamlaml Trail Nopirs. FL 34112 (239) 7748097 Fa:: (139) 774.3602 Application for Advisors Committees/Boards Home Addrrsw P 01 AgendaliPr>iL�_�a �s May 8, 2007 Page 10 of 12 ! 1 _HomePhone:O_22_!5 ?- —Zip Code: /C7 J� Fax'�o. Ar 2 Business Phone: ""~ c-m sll sddres■:Ar/�aAsil-&AWAVb Uusina•as:_ /��_ 1 13oard or Committee Applied for:!�f��(,�d�j/rr.�J.Ar /.V/0/ 11�``/r:• Jv category (if applicable.): _ FA wimple: COMINE a Diane' Leeakper, mrtr aft, L Iq parss0. t. Are you a registered voter In Collier County: Yes Do you cuereatly paid public olNiice7 Yea__ _ _ No ✓� _ lr so, what le that "lace? - ne you sow serw, or have you ever served, sa • C.ODNr County hoord w cenalnw! Yes itya, plasm list tho maafeMdhoerde:_. i_ _ .. .__- AR . ` NJ D7 Pis Ilst your commu�} activltiu (clV�'t clubx, neigh �od associations. etc. �d position% hgld: 7o_ d.Q O = stl�t ^7iesiPc' v�pzl_ l�udC.ss� ° U F' F.duration: _ �1a11W vkeew weerk wy ersYtlrwet /nfYrnrpfwyrrlN!)ertlamt fAtr.�aealen �rwtd srJrmreeRm bur P'orin, P'atawfreeruuya e, 6!e .vraryt arC,way Cenuapar"rc Jidl Eaft TtoRead 7nat Nylec fl 18111. (jysa wbA )kaWJrr year Rrrk'ms" m CI9I' "rd4l: or sa.sa tam, 7aaasy"Ar"inateahy a WOe akr dawns ejGmer Cskyw. MEMORANDUM DATE: March 2, 2007 TO: Tessie Sillery, Transportation ti s FROM: Sue Filson, Executive Manager Board of County Commissioners RE: Forest Lakes Roadway & Drainage Advisory Committee Agenda Item No. 9A May 8, 2007 Page 11 of 12 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: William Seabury 501 Forest Lakes Blvd., 4205 Naples, FL 34105 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 J Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774 -8097 Fax: (239) 774.3602 Application for Advisory Committees/Boards Agenda Item No. 9A May 8, 2007 Page 12 of 12 Board or Committee Applied for. i�- n y- e c t I, el ,ke KcK n J u ,tL t nrA;aP MS 7'44 Category (if applicable): Faamplc Comnumba Dwtrim, ebpe , mvirm Y14t, o, etc. Arc you a registered'voter in Collier County: Yes t/ No Do you currently hold public od8ce? Yes No f If w, what Is that office? Do you uow serve, or have yom ever served, T�3! Collier Comnq troard or cum tln �II pa t/ No If yes, please list the commineas / boards: (-'O rF s i L r� ke C �t Gx i �'4 Y k1A e but your community activities (civic rlcMc MOW* .IrAAddOftd+U rXwdWYwu)6n ne�pume, wamueeJe.,�maram sme e. �mprrraf aye, -4 ms►eBoodolCema6 Camuhdwrera 3311 ForuLM?YW xap/a 1231172 tfymwakvkeJaYourT"Nood -m (23y)7714602a eamY0 11&0 ym fw wrinuoias le race the cWaw ojCsNerCawy t4 Agenda Item No. 98 May 8, 2007 Page 1 of 20 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE ANIMAL SERVICES ADVISORY BOARD OBJECTIVE: To appoint 2 members to serve 4 year terms, expiring on April 13, 2011, to the Animal Services Advisory Board. CONSIDERATIONS: The Animal Services Advisory Board is a 7- member board that was created on January 27, 2004 by Ordinance No. 2004 -06 to make recommendations to the Board of County Commissioners on programs, services, classes and special events that will further assist Collier County Domestic Animal Services in providing the best possible service to the community. They will also analyze and review construction and improvements to Domestic animal Services facilities and make recommendations to the Board of County Commissioners regarding such facilities. Three (3) members shall serve a term of four (4) years; two (2) members shall serve a term of three (3) years; and two (2) members shall serve a term of two (2) years. After initial appointments, terms will be 4 years. Membership shall represent the following categories: 1 - Humane Society of Collier County I - Law Enforcement 1 - Veterinarian or Vet Tech 1 - Animal Activist Group I — Citizen in the Pet Retail, Boarding or Grooming Industry 2 - At Large A list of the current membership is included in the backup. The terms for Sergeant David Estes (Law Enforcement) and Michele Antonia (Animal Activist Group) will expire on April 13, 2007. A press release was issued and resumes were received from the following 5 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. David Estes - reappt Law Enforcement 5 Yes Animal Services Adv Bd Daniel P. Martin Animal Activist Group 1 Yes None Michele Antonia - reappt Animal Activist Group 5 Yes Animal Services Adv Bd Gary L. Conley Animal Activist Group 3 Yes None Patricia P. Connell Animal Activist Group 1 Yes None COMMITTEE RECOMMENDATION: Reappointment — Sergeant David Estes, Law Enforcement Reappointment — Michele Antonia, Animal Activist Group FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE Agenda Item No. 9B May 8, 2007 Page 2 of 20 RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: MAY 8, 2007 Page 1 of 1 Agenda Item No 9B May 8, 2007 Page 3 of 20 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Nuil 9B Item Summery: Appointment of members to the Animal Services Advisory Board. Meeting Date: 51812007 9.00:00 AM Prepared By Sue Filson Executive Manager to the BCC Date Board of County Commissioner: BCC Office 4/171200712: 33: 00 PM Approved By James V. Mutld County Manager Data Board of County Commissioners County Managers Office 413(V2007421 PM 61P//!`\ Ar�PndoTreHFvn..n \49.Tba..o /9nR 01.mph)nnT1 100 /ODnn A 1?Tl0 /- 1nn1m0,t%huyni IUTV 4�?)AnO Agenda Item No. 9B May 8, 2007 Page 4 of 20 W11TrolAM pJAUV1 TO: Sue Filson, Executive Manager, Board of County Commissioners f`q �y FROM: Margo A. Castorena, Director Domestic Animal Servicesf'{✓ DATE: April 16, 2007 SUBJECT: Domestic Animal Services Advisory Board - Recommendation for Appointment As you are aware, Domestic Animal Services currently has two vacancies. In accordance with Collier County Resolution 2006 -83, at their meeting on March 20, 2007 the Domestic Animal Services Advisory Board voted to recommend to the Board of County Commissioners the following: Humane Activist Law Enforcement Humane Activist: 4 Law Enforcement: 1 Michele Antonia: Humane Activist Sgt David Estes: Law Enforcement Daniel P. Martin (meets criteria for appointment) Gary L. Conley (meets criteria for appointment) Patricia P Connell (meets criteria for appointment) Michele Antonia: Present at 11 of the last 11 meetings Sgt David Estes: Present at 7 of the last I 1 meetings (absences excused was on duty) Agenda Item No. 9B May 8, 2007 Page 5 of 20 l Animal Services Advisory Board Name Work Phone Appt'd Erp. Date Term Home Phone Dateke -appt 2ndExpDate 2nd Term Ms. Karen M. Acquard 441 24th Avenue, N.E. Naples, FL 34120 E -Mail: ladij@att.net District. 5 Category: At -Large Dr. Randall Eisel 5256 Coral Wood Drive Naples, FL 34119 E -Mail. District: 3 Category: Veterinarian or Vet Tech Sergeant David Estes 3301 E. Tamiami Trail Naples, FL 34112 E -Mail: District. Category: Law Enforcement 04/13/04 04/13/08 455 -8318 513 - 1777 04/13/04 04/13/08 455 -7674 253 -4087 04/13/04 04/13/07 793 -9138 Mr. William Thomas Kepp, Jr. 825 -5834 04/13/04 04/13/08 6491 Sable Ridge Lane 514 -2193 Naples, FL 34109 E -Mail: bibtom@aol.com District: 3 Category. Humane Society of Collier County Ms. Michele Antonia 7620 Rookery Lane Naples, FL 34120 E -Mail: bhumane @earthlink.net District: 5 Category: Animal Activist Group 377 -0981 10/11/05 04/13/07 353 -1901 Wednesday, November 15, 2006 Page I of 4 Years 4 Years 3 Years L/ 4 Years 2 Years Agenda Item No. 9B May 8, 2007 Page 6 of 20 Animal Services Advisory Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -apps 2ndEVDate 2nd Term Ms. Marcia Breithaupt 580 -0300 11/14/06 04/13/10 4 Years 7508 Firenze Lane 580 -0300 Naples, FL 34114 E -Mail. marcia@lhaps.com District: 5 Category: Pet Retail Ms. Sabina Angela Musci 4470 32nd Avenue, S.W. Naples, FL 34116 E -Mail. sam4470 @earthlink.net District: 3 Category: At Large 261 -6060 03/14/06 04/13/10 4 Years 455 -8386 Wednesday, November 15, 2006 Page 2 of 3 Agenda Item No. 913 May 8, 2007 Page 7 of 20 Animal Services Advisory Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term This 7- member board was created on January 27, 2004 by Ordinance No. 2004-06 to make recommendations to the Board of County Commissioners on programs, services, classes and special events that will further assist Collier County Domestic Animal Services in providing the best possible service to the community. They will also analyze and review construction and improvements to Domestic animal Services facilities and make recommendations to the Board of County Commissioners regarding such facilities. Three (3) members shall serve a term of four (4) years; two (2) members shall serve a term of three (3) years; and two (2) members shall serve a tern of two (2) years. After initial appointments, terns will be 4 years. Membership shall represent the following categories: 1 - Humane Society of Collier County I - Law Enforcement 1 - Veterinarian or Vet Tech 1 -Animal Activist Group 1 - Citizen in the Pet Retail, Boarding or Grooming Industry 2 - At Large FL STAT Staff. Marco Castorena, Director, DAS: 530 -7387 "` Wednesday, November I5, 2006 Page 3 of 3 _ Agenda Item No. 9B May 8, 2007 Page 8 of 20 MEMORANDUM DATE: March 2, 2007 TO: Elections Office FROM: Sue Filson, Executive Manager , r Board of County Commission 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. ANIMAL SERVICES ADVISORY BOARD David Estes 221 13'' Street, N.W. Naples, FL 34120 Daniel P. Martin 4818 Berkeley Drive Naples, FL 34112 COMMISSION DISTRICT Michele Antonia 7620 Rookery Lane 1,07 Naples, FL 34120 3 (� Gary L. Conley ��� �IOJ fpLL j1 30 1850 Tarpon Bay Drive, S. �+ Naples, FL 34119 ���frrfCOOr/_ / Patricia P. Connell 118 Palm Drive, #12 Naples, FI, 34112 Thank you for your help. 5 I Agenda Item No. 98 May 8, 2007 MEMORANDUM Page 10 of 20 DATE: March 2, 2007 TO: Margo Castorena, DAS Director FROM: Sue Filson, Executive Manager Board of County Commission RE: Animal Services Advisory Board As you know, we currently have 2 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 Estes 221 13"' Street, N.W. Naples, FL 34120 Daniel P. Martin 4818 Berkeley Drive Naples, FL 34112 Michele Antonia 7620 Rookery Lane Naples, FL 34120 Gary L. Conley 1850 Tarpon Bay Drive, S. Naples, FL 34119 Patricia P. Connell 118 Palm Drive, #12 Naples, FL 34112 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time -flame, 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 2397939149 SPEC Op9 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774 -0097 Fax: (739) 774 -3602 03 10.23 p m 0301 2007 1 H Application for Advisory Committees/Boards Agenda Item No. 913 May 8, 2007 Page 11 of 20 : . N V 1 (5,5 —1 Home Phooe..?39•.753- -4C8'7 Home Address: vU l /314 51- .t'V 41A kS , ;% Zip Code: S-1;^10 Fax No. Busin th essPhooe:A342 J0i'r7 ess e- m"addr; t++c' 16ki cu'l PlueofEmployment: i'p:lift? clu�.nd s,igg,rf5 nP'FKE Board or Committee Applied fore DberESTiC Au +m46 CF.QV1cef 1) Category (if applicable): :sample: Comn"on District. D"eieper, mvinonwoWkt, k,y pm'wo, see. How lone have you lived in Collier County: Years 6 Months Are you a registered voter in Collier County: Yes ✓ No Do you currently bold nbac ouster Yes ✓ No If so, ,bat is that oitice2 'u kU f t A-),e l ILO/ , aA' U n'eF rvl Ge e 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, of a Coliisr GuT board or committee? Ya Vo If ym please lbt the eomodttees/bouts: C a Ptr 4T '> AS A OV I S J Rt/ ' �J ME Please Wt your commuolty activities (civic clubs, neighborhood associations, etc. and positions held: Education: 4i1�116CA' uOL [41,117 ,son +f Gb11E6E rV F CERttG +E� (At') F4ro el a__ f.u1 AµD t'oir4 CT n9a�_�`HitT)f ik'O. Experience: p/raaawch say &U#wxal NAv —arba yw JM pa tss TkL appRcww [bw/d 6[ farwded m Sae Fews, Ereeutive Maaarw n Me 9ard sf Cowry Comwhelesem, 339f Ent Twdxmi Tail, Nepkr, PC 34111 ffyn web, *wefW y[sr appficmicw t[ 1239)1744603 w [.waft o s ".ass T1amk you jrr refusrerdwr q carve for tilivae oJCafaer Causep 0 n U 0 Advisory Board Application filson_s From: marti43@comcast.net Sent: Tuesday, February 20, 2007 8:41 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: 2/20/2007 8:40:36 AM. Name: aniel P. Marti Home Phone: 39- 774 -1353 Home Address: 418 Berkeley Driv City: ale Zip Code: 4112 Phone Numbers Fax: 39- 774 -1353 Business: e -Mail Address: arti43 comcast.ne Work Place: on How long have you lived in Collier County: 172 Have you ever been convicted of any offense against the law? Are you a registered voter in Collier County? ©e Board / Committee Applied for: lAnimal Rights Committe Category: of indicate Do you currently hold public office? Do you currently or ever served on a Collier County Board or Committee? Please list your community activities: 2/20/2007 Page 1 of 2 Agenda Item No. 913 May 8, 2007 Page 12 of 20 U] Advisory Board Application Curmetly running for Board of Directors, Queen's Park. Volunteer @ Human Society, Naples Education: S Di 1. 5 rs trade school. CC Adult Ea erieuce• n California I served on committees relating to toll roads. 2/20/2007 Page 2 of 2 Agenda Item No. 913 May 8, 2007 Page 13 of 20 Agenda Item I�cj:,9Ft May $ 2007 Page 14 of 20 • Advisory Board Application Name: Michele Antonia Home Address: 7620 Rookery Lane Naples, Florida 34120 Home Phone: 239 - 353 -1901 (Cell 239 - 8254093) Fax Number: 239 - 353 -1901 Business Phone: 239 - 377 -0981 Email Address: bhumane @earthlink.net Place of Employment: School District of Collier County/Bethune Education Center - Immokalee Career Center How long have you lived in Collier County? 26 Y� years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes • Board / Committee Applied for: Domestic Animal Services Advisory Board Category: (if applicable) Animal Rights Activist Do you currently hold public office? No Do you now serve, or have you served on a Collier County board or committee? Yes If yes, please list the boards / committees: Golden Gate Community Center Advisory Board Please list your community activities: - Founder and President of Animal Compassion Project, Inc., a 5010 feral cat and companion animal rescue resource and referral, serving Collier County and southern Lee County - Volunteer for Volunteer Services for Animals - Permitted nuisance wildlife trapper by State of Florida - Participant in the Feral Friends Network - Member of the Collier County Domestic Animal Services Advisory Board • Advocate for letter writing and telephoning campaigns and education which promote and protect animal rights on local, state, national, and international levels Agenda Item No. 913 May 8, 2007 Page 15 of 20 4 - Volunteered for the Humane Society of Collier County - Volunteered for Floridians for Humane Farms in getting legislation passed to ban gestation crates in Florida - Volunteered for Citizens for the Protection of Animals to raise community awareness regarding slot machines at greyhound tracks (proposition 4) -Have been involved in numerous animal rights activities to include collecting signatures on a petition to send to the President of Cameroon to protect the low -land gorillas, organizing a group of teachers to write postcards to protect the dolphins, translating and making veterinary arrangements for non - English speaking residents of Collier County, and providing cat and dog food for the animals of homeless and needy individuals. Education: -B.S. Degree in Secondary Education, major in Spanish California University of Pennsylvania, California, PA (additional undergraduate studies at the University of Valencia, Valencia, Spain) - M..Ed. Degree in Reading K -12 California University of Pennsylvania, California, PA (additional graduate studies at the University of Juarez, Institute of Romance Languages, Durango, Dgo., Mexico; Florida International University; University of South Florida) - Attend the University of Florida, School of Veterinary Medicine, Division of Continuing Education's Annual Cat Conference (Receive training in such areas as first aid for dogs and cats, recognizing symptoms of diseases, and feline behavior) Completed HSUS Disaster Animal Response Team (DART) Training Completed USCG Incident Command Training 100 and 200 Certified AHA/Red Cross Heartsaver First Aid Experience / Background: - 2006 - present Member of and consultant for the State of Florida Department of Education GED Practitioners' Task Force and a member of a DOE focus group for Adult Basic Education Duties include revising GED benchmarks (curriculum), developing lesson delivery strategies for GED programs throughout the state of Florida, and determining the most efficient and effective guidelines for recording literacy completion points (student gain) - 2005- present Teacher for the School District of Collier County/Bethune Education Center - Immokalee Career Center Agenda Item No. 9B May 8, 2007 Page 16 of 20 • Areas of expertise include GED, Adult Basic Education, and Vocational Preparatory Instruction - 1988 -2005 Teacher for The School District of Collier County/ Lorenzo Walker Institute of Technology, in Naples and Immokalee Areas of expertise include Work Evaluation Program, Diversified Cooperative Training (teaching English, job skills and good work ethics to hotel employees), ESL, GED, Adult Basic Education, Vocational Preparatory Instruction - 1984 -1988 Director of Support Services, Humane Society of Collier County Duties included public relations; presenting humane education programs to Collier County Schools, both public and private; serving as volunteer coordinator; fund raising; pet assisted therapy; with a small group of very dedicated volunteers, established the Humane Society's first thrift store -1984 -1985 Served as part -time director for Immokalee Developmental Services, a day program for developmentally challenged adults funded by HRS (While I served as part-time director, it was the first time that IDS had ever received a 100% evaluation score from HRS.) - 1980 -1984 Teacher for the School District of Collier County/ Immokalee Middle School Served as Resource Specialist for a Title VII bilingual program; taught ESL, language arts, Spanish • - 1972 -1980 Teacher for the Connellsville Area School District/Junior High East, Connellsville, PA; Served as department chairperson • a —10 Advisory Board Application filson_s From: garylconley @earthlink.net Sent: Monday, February 12, 2007 6:34 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: 2/12/2007 6:34:25 PM. Name: JGary L. Conte , AAM Home Phone: E39- 597 -2797 Home Address: 11850 Tarpon Bay City: Fales Zip Code: 34119 Phone Numbers Fax: I Business: E39 -216 -6108 e -Mail Address: garylconley(a earthlink.ne Work Place: 9w Unite How long have you lived in Collier County: Imore than 15 Have you ever been convicted of any offense against the law? Are you a registered voter in Collier County? Ye Board / Committee Applied for: Fa imal Services Category: of indicate Do you currently hold public offfice? ©o AgendR4WlNQf 9B May 8, 2007 Page 17 of 20 Do you currently or ever served on a Collier County Board or Committee? Fo Please list your community activities: 2/13/2007 • r 1 U Advisory Board Application AgendF&g t\bf�B May 8, 2007 Page 18 of 20 Two term Cabinet Committee member - UNITED WAY OF COLLIER COUNTY. Past President Board of Directors, IMMOKALEE CHILD CARE CENTER. Previous Director, FUNTIME ACADEMY. Chairman Advisory Council SENIOR FRIENDSHI CENTERS. Member CONSERVANCY OF SOUTHWEST FLORIDA Volunteer at NIMAL REFUGE CENTER, FRIENDS OF GUMMI, NAPLES EQUESTRIAN CHALLENGE, SHY WOLF SANCUARY. Education: [lJniversity of Missouri Central State University No degree 2/13/2007 ri LJ 1] Advisory Board Application filSOtt_s From: ppconnell @yahoo.com Sent: Saturday, February 10, 2007 7:27 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: 2/10/2007 7:27:07 PM. Name: OatriciaPConne5 Home Phone: 39- 775 -317 Home Address: 1118 Palm Drive #12 City: a les Zip Code: 4112 Phone Numbers Fax: 39- 393 -1351 Business: 39 -393 -135 e -Mail Address: Ippconnell(a,)yahoo.com� Work Place: IlCeller Williams Realty Marco Islan How long have you lived in Collier County: knore than 15 Have you ever been convicted of any offense against the law? Are you a registered voter in Collier County? Ye Board / Committee Applied for: Category: of indicate Do you currently hold public office? Do you currently or ever served on a Collier County Board or Committee? Please list your community activities: 2/12/2007 Page 1 of 2 Agenda Item No. 9B May 8, 2007 Page 19 of 20 • u Advisory Board Application Page 2 of 2 Agenda Item No. 9B May 8, 2007 Page 20 of 20 I was a Big Sister with the Collier County Big Brothers Big Sisters organization for about 18 months in 1997 -1999. I currently am Vice President of the Collier County Animal League. 2/12/2007 Agenda Item No. 9C EXECUTIVE SUMMARY May 8, 2007 Page 1 of 18 APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE OBJECTIVE: To appoint 2 members to serve 4 year terms, expiring on May 22, 2011, to the Collier County Coastal Advisory Committee. CONSIDERATIONS: The Collier County Coastal Advisory Committee has 4 terms expiring on May 22, 2007. This 9 member committee was created by Ordinance 2001 -03 to assist the Board of County Commissioners with its establishment of unified beach erosion control and inlet management programs within the unincorporated and incorporated areas of Collier County, and to advise the Board of County Commissioners and the Tourist Development Council (TDC) of project priorities with respect to funding sources that are available to Collier County for restoration and protection of its shoreline. The committee is composed of 3 members from the unincorporated area of Collier County, 3 members from the City of Naples and 3 members from the City of Marco Island. Selection for membership on this committee will be based upon the applicant's familiarity with coastal processes, inlet dynamics, coastal management programs, or demonstrated interest in such programs; relevant education and experience; leadership and involvement in community affairs; and willingness to attend meetings and to undertake and complete assignments. After initial appointments, terms will be 4 years. A list of the current membership is included in the backup. The terms for Heidemarie Kulpa (Collier County), Gerald W. Camiener (Collier County), E. Glenn Tucker (Marco Island), and Ronald M. Pennington (City of Naples) will expire on May 22, 2007. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Heidemarie Kulpa-reappt Collier County 2 Yes CAC David Buser - withdrew City of Naples 4 Yes E. Glenn Tucker-reappt Marco Island submitted 1 Yes CAC & TDC ATTENDANCE: Heidemarie Kulpa — 27 meetings with 3 excused absences E. Glenn Tucker — 11 meetings with 5 excused absences COMMITTEE RECOMMENDATION: Collier County: Heidemarie Kulpa, reappointment Marco Island: E. Glenn Tucker, reappointment FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: MAY 8, 2007 Page 1 of 1 Agenda Item No. 9C May 8, 2007 Page 2 of 18 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 9C Item summary: Appointment Ot members to the Collier County Coastal Advisory Committee. Meeting Date: 51BI2007 9.00:00 AM Prepared By Sue Filson Executive Manager to the BCC Date Bee rd of County Commissioners Bee Office W17;2007 12 33 00 PM Approved By Jamas V. Mudd Count, Manger Data Board of County Commissioners County Managi Office 413012007 4:26 PM file '// C'\ AvendaTect\ Fxnnrt\ R2- MaV% JOR a /90?0OTOQ %90RnARTI %90nF%DO(`nT TNTV ;nnn09 Agenda Item No. 9C May 8, 2007 Page 3 of 18 Memorandum To: Sue Filson, Executive Manager, Board of County Commissioners From: Gail Hambright, Tourist Tax Coordinator, Coastal Zone Management Date: April 12, 2007 Subject: COASTAL ADVISORY RECOMMENDATION FOR VACANCIES On April 12, 2005 the Coastal Advisory Committee reviewed the two applications received by the prescribed deadline for one vacancy. Applicants were evaluated based on their potential contributions to the Committee. The Committee found only one applicant to be qualified since the other applicant resides within the City of Naples limits. The applicant that resides within the City of Naples also withdrew his application. The Coastal Advisory Committee also recommended that Mrs. Heidemarie Kulpa be reappointed. Please advise should you need additional information. Copies to: Gary McAlpin, Director Chairman Pennington Agenda Iter, 9C Mai 1007 Page v of 18 COASTAL ADVISORY COMMITTEE (CAC) APPLICANTS 2007 Candidate Current Qualifications/Educational Background /Community Resident/ Meets Recommend Name Occupation Service Elector Ordinance Financial Consultant Requirements Heidemarie Retired Yes Yes Kulpa • Designation of Certified Life Underwriter; Chartered Financial Consultant • Member - Citizen Support Organization of Delnor- Wiggins Pass State Park • Collier County Master Gardner • Landscape Committee Member —Wiggins Bay Villas Condominium Association David Buser Self Employed • President of Seagate Homeowners Yes Yes • Double Major Biology & Psychology Washington University St. Louis • Masters of Science University of Illinois • Medical Degree Southern Illinois University • Extensive research into estuary management of Outer Clam Bay including research of Clam Pass Historical management Page 2 FY05 COASTAL ADVISORY COMMITTEE Attendance Record - FY 2005 -2007 BCC Liaison "-+mull p p p 1 IS 1 17 p p p p 9 10 -Feb-05 p p e 3 7 p p p p 7 10 -Mar -05 p p e 1 0 p p p p 7 March 24 - special mtg P a p P p e p 6 I4 -Apr -05 p p p c p P p 6 12 -May -05 p p p p p p p p 8 9 -Jun -05 p E P e p P P p p 7 11 -Aug -05 p P P P P P P E p 8 September 8 -05 p p p p E p p p p 8 September 8 -05 p e p p E e p p p 6 FDEP October 13 -05 p e p e p e p e p 5 10 -NOV -05 p p p p p e p p • 7 December 8-05 e e p p p p p p p 7 January 12-06 p p p p p p p p p 9 February 9-06 p • p p p p p p p 8 March 9.06 p • p a p p p p p 7 Iriraee O April 13 -06 e e p p p p p e p 6 May 11-06 p p e p p e p p • 6 June 8 -06 p p p e p p p P • 7 August 10-06 p p p s p p p e p 7 September 14-06 p e p e e • p • p 4 October 12 -06 p p p p p p p e p 8 November 9 -06 p • p p p P p p p 8 December 14 -06 p e p p p e p p p 7 January 11 -07 e p p p p e p p p 7 February 8 -07 p p p p p p p p p 9 March 8 -07 e p p e e e p p p 5 April 12 -07 !TOTAL -P 1 23 1 16 1 24 1 IS 1 17 1 6 1 27 1 20 1 24 1 0 TOTAL -E 1 4 1 IO 3 7 4 1 5 1 0 1 4 1 y 1 0 TOTAL -A I 0 I 1 0 0 0 1 0 1 0 1 0 Lo J 0 P � Rmau E - Abe sruead A- Ab.VNa Eemued R- Re9pmd NQ =NsQ. Voting members meborvsd- 11. V rows members eppo'mred- la or 11, 6 are regwed for a quorum, Ewdng membeo ypomeed -9 te I=, 5 w requved for a quorum Updated 8:34 AM Page 1 Agenda Item No. 9C May 8, 2007 Page 5 of 18 Agenda Item No. 9C May 8, 2007 Page 6 of 18 Collier County Coastal Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndF.xpDate 2nd Term Mr. Anthony P. Pires, Jr. 649 -6555 05/22/01 05/22/05 4 Years 209 Madison Drive 05/10/05 05/22/09 4 Years Naples, FL 34110 E -Mail: apires @wpl- legal.com District: 2 Category: Collier County Ms. Heidemarie Kulpa 766 Wiggins Bay Drive Naples, FL 34110 E -Mail: District. 2 Category: Collier County Mr. Gerald W. Camiener 7022 Green Tree Drive Naples, FL 34108 E -Mail. District: 2 Category: Collier County Mr. Ronald J. Minarcini 4000 Royal Marco Way, Apt. 927 Marco Island, FL 34145 E -Mail: rinarcini @aol.com District. 1 Category: Marco Island Councilman E. Glenn Tucker 950 N. Collier Blvd., Ste 203 Marco Island, FL 34145 E -Mail: District: 1 Category: Marco Island 566 -8389 09/21/04 566 -8389 514.1148 05/10/05 514 -1148 05/10/05 393 -0615 389 -5000 04/11/06 394 -5151 �" _.. Tuesday, April ll, 2006 � ` Page ] of 3 05/22/07 05/22/07 05/22/09 05/22/07 3 Years 2 Years 4 Years 1 Year i Collier County Coastal Advisory Committee Name Work Phone Appt'd Exp. Date Home Phone DateRe -appt 2ndExpDate Mr. Paul W. Sullivan 1330 Caxambas Ct. Marco Island, FL 34145 E -Mail: District: 1 Category: Marco Island Mr. Murray H. Hendel 4301 Gulf Shore Blvd., N. Naples, FL 34103 E -Mail: murrp2h @aol.com District: 4 Category: City of Naples Mr. Ronald M. Pennington 3430 Gulf Shore Blvd., N., Unit 2F Naples, FL 34103 E Mail: District. 4 Category. City of Naples Councilman John F. Sorey, III 735 Eighth Street, South Naples, FL 34102 E -Mail: District: 4 Category: City of Naples 06/08/04 393 -9125 05/11/04 262 -0738 05/22/01 263 -6935 02/10/04 213 -1015 03/09/04 05/10/05 i Tuesday, April II, 2006 Page 2 of 3 05/22/08 05/22/08 05/22/03 05/22/07 05/22/05 05/22/09 Agenda Item No. 9C May 8, 2007 Page 7 of 18 Term 2nd Term 4 Years 4 Years 2 Years 4 Years 1 Year 4 Years Agenda Item No. 9C May 8, 2007 Page 8 of 18 Collier County Coastal Advisory Committee Name Work Phone Appt'd Exp. Date Term FlomePhone DateRe -appt 2ndExpDate 2nd Term This 9 member committee was created on February 13, 2001 by Ordinance 2001 -03 to assist the Board of County Commissioners with its establishment of unified beach erosion control and inlet management programs within the unincorporated and incorporated areas of Collier County, and to advise the Board of County Commissioners and the Tourist Development Council CTDC) of project priorities with respect to funding sources that are available to Collier County for restoration and protection of its shoreline. The committee is composed of 3 members from the unincorporated area of Collier County, 3 members from the City of Naples and 3 members from the City of Marco Island. Selection for membership on this committee will be based upon the applicant's familiarity with coastal processes, inlet dynamics, coastal management programs, or demonstrated interest in such programs; relevant education and experience; leadership and involvement in community affairs; and willingness to attend meetings and to undertake and complete assignments. After initial appointments, terms will be 4 years. City of Naples - 213 -1015 Marco Island - 389 -5000 FZ STAT Staff. Gary McAlpin, Tourism Office: 530 -5342 i ,,, Tuesday, April Il, 2006 __._ Page 3 of 3 filson_s Page I of 2 Agenda Item No. 9C May 8, 2007 Page 9 of 18 From: Bill Moss [bmoss @cityofmarcoisland.com] Sent: Thursday, March 22, 2007 12:24 PM To: Olson s Cc: councilmanforcht @comcast.net; mminozzi @comcast.net, rob@popotfs.com; wdtrotter @earthlink.net; friartuck3725 @cs.com; CharlesKiester @comcast.net; terridisciulio @comcast.net Subject: Re: County County coastal Advisory committee Dear Ms. Filson: In regards to the upcoming vacancy on the Collier County Coastal Advisory Committee, please be advised that the Marco Island City Council recommends the reappointment of E. Glenn Tucker. Mr. Tucker is a member of the Marco Island City Council. Please advise should you require additional information. Bill Moss "filson s" <SueFilson @colliergov.net> on Thursday, March 01, 2007 at 1:25 PM -0500 wrote: Thank you. From: Bill Moss [ ma i Ito: bmoss@cityofma rcoi sland. co m] Sent: Thursday, March 01, 2007 1:25 PM To: filson_s Subject: Re: County County coastal Advisory committee Ms. Filson: Acknowledged. We will place this matter on the City Council agenda of March 19th. I anticipate that City Council will recommend the reappointment of E. Glenn Tucker. Bill Moss "filson_a" <SueFilson @colliergov.net> on Thursday, March 01, 2007 at 10:36 AM -0500 wrote: Mr. Moss, The term for Councilman E. Glenn Tucker will expire on May 22, 2007. 1 am advertising for Collier County vacancies on March 2 and wanted to alert you to the vacancy occurring for Marco Island. Please advise if you wish to submit a name to represent Marco Island on this committee. Thank you. Sue Filson Executive .Manager, BCC (239) 774 -8097phone (239) 774-886$ fax 3/22/2007 Pa e2of2 suefifson:R%coCCieigov.net Agenda Item ay 8, 2007 http: / /www.gksrv.net/click- 691073- 9486942? url= http %3A %2F%2Fuspins.zoovy.com %2FeMg /off 8 2Fmilitary%2F Bill Moss City Manager bmoss @cityofmarcoisland.com Bill Moss City Manager bmoss @cityofmarcoisland.com 3/22/2007 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Agenda Item No. 9C Ma-Y-8. 2007 11 lof 18 Application for Advisory Committees/Boards Name:_ E, Gi_EN0 —FU CkflA Home Phone: 394 S'768 Home Address: SW ChoCS f NCJ f C-f Zip Code: 3 `/ / N S Fax No. 34 4 S 8oi Buslnas Phone: 3e% SF Place of Employment: "O-OF-S, -7� Ck FR >j• C�ARKI 7"So N. /x-77 j'S Board or Committee Applied for: c aad ox Q Category (if applicable): Example Commbsion District Developer, eaviraomentalbt lay persoa, at, How long have you lived in Collier County: Years_ Months 70 Are you a registered voter in Cofer County: Yes_L----� No Do you currently hold public if so, what b that Glum? _1h_15i, No Have you ever been convicted of any offense against the Law? If ya, explain: Yes No ✓ Do you now serve, or have you over served, on a Colaa Cypaty boord or eommiltee? Yes If ym the commhisa/boards: T- Dc i wn.Dad Q f/. n Please list your community activities (civic clubs, neighborbood associations, etc. and positions held: Education:_ _%, /}ia) 1561400L- Experience: sjca._o C l4 e , i !tA. -T_D C- nodAwll,Nyde,FL34112. i%1ww1H,pkenji4.IwrgWilcatlssto 7anxt.ymftr rahnoor4wto rays the ahttem NCaafv Can". filson_s "- )m: IRMAOutlook .nt: Thursday, April 05, 2007 11:50 AM To: filson_s Subject: IRMA Message: David Buser — Telephoned Contacts: Buser, David Page 1 of 1 Agenda Item No. 9C May 8, 2007 Page 12 of 18 Caller: David Buser Company: H B C (239) 571 -0520 Message: said that he applied for the Coastal Advisory Committee through the County, but because he lives in the City he said he is withdrawing his County application and will apply for the City vacancy. TELEPHONE MESSAGE Sent By: ResnickLisa Lisa Resnick Administrative Aide to the BCC 3301 East Tamiami Trail W. Hannon Turner Building Naples, FL 34112 Tel. 239- 774 -8097 FP ° 19- 774 -3602 li dck@colliergov.oel 4/5/2007 MEMORANDUM DATE: March 23, 2007 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commissioners RE: Voter Registration - Advisory Board Appointments Agenda Item No. 9C tp May 8, 2007 ,-a Page 13 of 18 N a. d [.D N DC 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. COLLIER COUNTY COASTAL ADV COMM David Buser tl w (� 5187 Starfish Avenue Naples, FL 34103 Heidemarie Kulpa 766 Wiggins Bay Drive Naples, FL 34110 Thank you for your help. COMMISSION DISTRICT a Agenda Item No. 9C May 8, 2007 MEMORANDUM Page 14 of 18 DATE: March 23, 2007 TO: Gary McAlpin, Coastal Zone M ment Director FROM: Sue Filson, Executive Manager Board of County Commissions RE: Collier County Coastal Advisory Committee As you know, we currently have vacancies on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: David Buser 5187 Starfish Avenue Naples, FL 34103 Heidemarie Kulpa 766 Wiggins Bay Drive Naples, FL 34110 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time- frame, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF Attachments Advisory Board Application filson_s From: davidbuser@comcast.net 9t: Friday, March 23, 2007 8:35 AM 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: 3/23/2007 8:35:27 AM. Name: avid Buse Home Phone: 39- 571 -052 Home Address: 5187 Starfish Av City: RaPIR Zip Code: 4103 Phone Numbers Fax: 39- 263 -991 Business: • e -Mail Address: avidbuser comcast.ne • Work Place: How long have you lived in Collier County: 5 -I Have you ever been convicted of any offense against the law? Are you a registered voter in Collier County? ®e Board / Committee Applied for: Coastal Advisory Committe Category: Rot indicate Do you currently hold public offfice? Do you currently or ever served on a Collier County Board or Committee? Page I of 2 Agenda Item No. 9C May 8, 2007 Page 15 of 18 Please list vour community activities: revious Vice Chairman Department of Obstetrics and Gynecology Naples Community Hospital. Previous President of the Foundation for Women's Health a local organization providing free prenatal and delivaery services to women of Collier County without insurance. President Sea ate Homeowners 3/23/2007 Advisory Board Application Page 2 of 2 Aqenda)1— Kin 9C May 8, 2007 Iq 0 Education: rage ib of Double Major Biology & Psychology Washington University St. Louis. Masters of Science University of Illinois. Medical Degree Southern Illinois University. Residency training in Obstetrics and Gynecology St. John's Mercy Medical Center St. Louis. Board Certified Obstetrician Gynecology. Florida Medical license active. Experience: As above and extensive research into estuary management of Outer Clam Bay including research of Clam Pass historical management. 3/23/2007 18 Advisory Board Application fllsoti s From: HeidiKulpa @msn.com Gt: Wednesday, March 14, 2007 12:03 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: 3/14/2007 12:02:34 PM. Name: eidemarie Kul Home Phone: 39 -566 -838 Home Address: 66 Wiggins Bay Driv City: ales Zip Code: 411 Phone Numbers Fax: I Business: 39- 777 -259 • e -Mail Address: Work Place: etire How long have you lived in Collier County: 5 -I Have you ever been convicted of any offense against the law? Page 1 of 2 Agenda Item No. 9C May 8, 2007 Page 17 of 18 Are you a registered voter in Collier County? Ye Board / Committee Applied for: oastal Advisory Committe Category: got indicate Do you currently hold public offfice? ®o ollier County Coastal Advisory Committee Citizen Support Organization of Delnor -Wiggins Pass Do you currently or ever served on a Collier County Board or Committee? ©e • Please list your a Secretary, Citizen ardener Prograry Education: 3/14/2007 Organization of Delnor- Wiggins Pass State Park Collier County tping Committee for the community of Villas of Wieeins Bav Advisory Board Application Education: erican College - CLU and Chf C desi natio l J IS 3/14/2007 Page 2 of 2 Agenda Item No. 9C May 8, 2007 Page 18 of 18 25 -year insurance background. Moved to Naples in 1995. As a memer of the Coastal Advisory )mmittee I take an active role by focus and direction towards what is in the best interest of our mmunity. Beach erosion control, restoration, renourishment and dredging projects affect every, tether they use our beaches or not and we must be very sure that there is always a balance with Agenda Item No. 9D May 8, 2007 EXECUTIVE SUMMARY Page 1 of 11 APPOINTMENT OF MEMBER(S) TO THE UTILITY AUTHORITY OBJECTIVE: To appoint 2 members to serve 4 year terms, expiring on May 21, 2011, to the Utility Authority. CONSIDERATIONS: The Collier County Utility Authority has 2 terms expiring on May 21, 2007. This 5 member council was established on February 27, 1996, by Ordinance No. 96 -6 to regulate utility rates and related matters regarding non - exempt water and wastewater utilities in unincorporated Collier County. Three members shall be technical in nature, with expertise in engineering, finance and/or business administration. The remaining 2 members shall be appointed on the basis of individual civic pride, integrity, and experience in any area of regulation. Members are required to file a Form 1 Statement of Financial Interests each year with the Supervisor of Elections. After initial staggered terms, the terms will be 4 years. A list of the current membership is included in the backup. The terms for Dr. Fay R. Biles (Lay Member) and Mr. W.J. "Jack" Markel (Technical Member) will expire on May 21, 2007. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. W. J. "Jack" Market-reappt Technical 1 Yes Utility Authority Fay R. Biles - reappt Lay Member t Yes Utility Authority ATTENDANCE: W. J. "Jack" Markel — Last 2 Years — 4 excused absences Fay R. Biles — Last 2 Years — 1 excused absence COMMITTEE RECOMMENDATION: Quasi - Judicial — no recommendation NOTE: Section Seven (B) of Ordinance 2001 -55 states "Terms of office for Board members 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, Fay R. Biles has served 2 Y� terms. Should the Board wish to re- appoint Dr. Biles, 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 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: MAY 8, 2007 Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 5D Appointment of members to the Collier County Utility Anthony 5/812007 990'00 AM Page I of I Agenda Item No 0D May 8. 2007 Page 2 of 11 Prepared By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Offlco 41171200712:33:00 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Omue 413012007 4 30 PM fit,. //(-\A arndaTrct \Fvnnrt \3Z2MaV0/9UR 0% 9119f 1 /171190/01)iA ;n"ma)v Agenda Item No. 9D May 8, 2007 Page 3 of 11 MEMORANDUM TO: Sue Filson, Executive Manager Board of County Commissioners FROM: James C. French, Executive Director, Collier County Water and Wastewater Authority and Operations Manager, CDES SUBJECT: Collier County Water and Wastewater Authority Membership Applications; Dr. Fay Biles PhD. and W.J. "Jack" Markel DATE: April 19, 2007 Both applicants, Dr. Fay Biles, PhD (lay member) and W.J. "Jack" Mark (technical member) are qualified to continue to serve as members of the Collier County Water and Wastewater Authority, as defined in Collier County Ordinance 96 -6, as amended. Dr. Biles has had one excused absence and Mr. Markel has had four excused absences (out of town) over the last two years. When either of these members were absent form any regularly scheduled, special or advertised public meeting, both provided staff, as well as the Authority, with several months of notice of the planned nonattendance's. Agenda Item No. 9D May 8, 2007 Page 4 of 11 ( Utility Authority Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. Robert C. Bennett 07/16/96 05/21/98 2 Years 285 - 1 West Naomi Drive 352 -0219 05/09/06 05/21/10 4 Years Naples, FL 34104 E -Mail: robertbennett3 @comcast.net District. 3 Category: Technical - Executive Management Dr. Fay R. Biles 1588 Heights Court Marco Island, FL 34145 E -Mail: District: 1 Category: Lay Member Mr. Lowell Lam 5 Gray Wing Pt. Naples, FL 34113 E -Mail: hulam@comcast.net District. 1 Category: Civic Pride Mr. W.J. "Jack" Markel 334 Henderson Ct. Marco Island, FL 34145 E -Mail. District: 1 Category: Technical Mr. Jerry P. Morgan ,8350 Mont Claire Drive, #201 Naples, FL 34109 E Mail. District: 2 Category: Technical 05/12/98 394 -3089 04/22/03 07/30/02 774 -5464 05/10/05 07/30/02 389 -8997 04/22/03 07/30/02 594 -8204 05/11/04 05/21/99 05/21/07 05/21/05 05/21/09 05/21/03 05/21/07 05/21/04 05/21/08 Wednesday, May 10, 2006 Page I of 2 � 1.5 Years 4 Years 3 years 4 Years 1 Year 4 Years 2 Years 4 Years Agenda item No. 9D May 8, 2007 Page 5 of 11 Utility Authority Nance Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndEcpDate 2nd Term This 5 member authority was established on February 27, 1998, by Ordinance No. 98.8 to regulate utility rates and related matters regarding non - exempt water and wastewater utilities in unincorporated Collier County. Three members shall be technical in nature, with expertise in engineering, finance and/or business administration. The remaining 2 members shall be appointed on the basis of individual civic pride, integrity, and experience in any area of regulation. Members are required to file a Form 1 Statement of Financial Interests each year with the Supervisor of Elections. Terms are 4 years. FL STAT 125.01(1) Staff: James French, CDES Operations Director. 213 -2989 �' Wednesday, May 10, 2006 Page 2 of 2 Agenda Item No. 9D May 8, 2007 Page 6 of 11 MEMORANDUM DATE: April 16, 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. UTILITY AUTHORITY Fay R. Biles 1588 Heights Ct. Marco Island, FL 34145 Thank you for your help. COMMISSION DISTRICT 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. 9D LO May 8 2007 v-4 Page 7 of 11 N x d tL N OC Q 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. UTILITY AUTHORITY W. J. "Jack" Markel 334 Henderson Ct. Marco Island, FL 34145 Thank you for your help. COMMISSION DISTRICT Agenda Item No. 9D May 8, 2007 MEMORANDUM Page 8of11 DATE: April 16, 2007 TO: James French, CDES Operations or FROM: Sue Filson, Executive Manager Board of County Commissione RE: Utility Authority 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: Fay R. Biles 1588 Heights Ct. Marco Island, FL 34145 Please let me know, in writing within the 41 day time- fiiame, 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 1007 -03- 2609:15 MrrAOFFICE 2393946140» 12 3 9 7 7 9 3602 pV1 Agenda Item No. 9D May 8, 2007 Board ol•County Commissioners _ Page 9 of 11 3301 F.ast'ramiami Trail Naples, Fl. 34112 _ . (279) 774 -7097 -- F'az: 1 2197 774-3602 Application for Advisory Committees /Boards Tame: FRY R.%�il - c 7`�h 17 _Home Phone: .23�' 3Y•f 9oFy H Home Addras: 75 S-S GT Zip Code: 3 yr.o_c Fax \'o. 3,1tt 1' / �Yb Business Phone:.? f xi g a Si e-mail addresa: Place or Employment: i Agenda Item No. 9D May 8, 2007 MEMORANDUM Page 10 of 11 DATE: March 23, 2007 TO: James French, CDES Operations i for FROM: Sue Filson, Executive Manager Board of County Commissioner RE: Utility Authority 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: W. J. "Jack" Markel 334 Henderson Ct. Marco Island, FL 34145 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 • Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774 -8097 Fax: (239) 774-3602 Application for Advisory Committees /Boards Agenda Item No. 9D May 8, 2007 Paget 1, of„ 11 HomePhone:Zd9 389 o /0 7 Home Address:�33,T /lbw ba�gSkjA Q T I "1 ,L e: 3 cjf�c Fax No Iv /Fi BnsixassPhenc e-mail address: NA- eket7e ���f N6� Place of Employment: N J A Board or Committee Applied for: i'V A f�c 24 W A F;� WN46iL tit O, 4.4HO jZ e 1y Category (if applicable): Example: Commission District, Developer, environmentalist, lay person, etc. How long have you lived in Collier County: Years ,7 /// /' S Months Are you a registered voter in Collier County: Yes V 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? Yes No If yes, explain: Do you now serve, or have you ever served, on a Collier County boarQ or comtrytt�ee? Yes No If yes, please list the committeestboards: WA TC7L y1t 11$t-5 yVf�'t r Please list your community activities (civic Tubs, neighborhood associatNns, etc. and positions hel : M142i..o Ovi&- � AA2w SAIL NO i Agenda Item No. 9E May 8, 2007 EXECUTIVE SUMMARY Page 1 of 15 APPOINTMENT OF MEMBER(S) TO THE HABITAT CONSERVATION PLAN AD HOC COMMITTEE OBJECTIVE: To appoint 2 members to fulfill the remainder of vacant terms, expiring on June 14, 2008, to the Habitat Conservation Plan Ad Hoc Committee. CONSIDERATIONS: The Habitat Conservation Plan Ad Hoc Advisory Committee has 3 vacancies. This committee was created on March 22, 2005, by Resolution No. 2005 -174 and amended on February 14, 12006 by Resolution No. 2006 -41 to expand membership to 13 members. They will serve as a forum for community review and discussion regarding Habitat Conservation Plans (HCP). The committee is specifically tasked to evaluate the geographical scope (excluding the Rural Lands Stewardship Area) and coverage of an HCP including the species associated with the geographical scope, to identify the types of impacting activities including County infrastructure needs, to identify the financial impacts of an HCP, to assess the community support for an HCP, and to identify alternatives to an HCP, if an HCP is not deemed feasible. The committee will ultimately provide its findings and recommendations to the Board of County Commissioners. Terms are 3 years. A list of the current membership is included in the backup. Mr. Richard A. Stone resigned on January 11, 2007; Ms. Sally Woliver resigned on January 1, 2007; and, we currently have 1 additional vacancy as a result of Resolution No. 2006 -41 expanding the membership to 13. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Kevin M. McGowan H.R. Admin & Law Enforcement 2 Yes None Bonnie Michaels I Natural Resources Committee 1 2 Yes None COMMITTEE RECOMMENDATION: Kevin M. McGowan Bonnie Michaels FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: MAY 8, 2007 Page 1 of 1 Agenda Item No. 9E May 8, 2007 Page 2 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 9E Item Summary: Appointment of members to the Habitat Conservation Plan Ad Hoc Committee. Meeting Date: 502007 9 00 00 AM Prepared By Si Filson Executive Manager to the BCC Date Boats of County BCC OmCe V171200712:03:00 PM Commissionera Approved By James V. Mudd Count, Manager Data Board of County County Manager's Office 4128120079: 43 AM Commissioners file' / /(`'l A oenrlaTecf \1PvnmtkR9_T4a,A /90R 04-It" 1d P"Q /g11i pLi 11,11-11 G/o /OnIIO Agenda Item No. 9E May 8, 2007 Page 3 of 15 0 MEMORANDUM TO: Sue Filson, Executive Manager to the Board of County Commissioners p1Dy FROM: William D. Lorenz Jr., P.E., Director, Environmental Services Department DATE: April 26, 2007 SUBJECT: Habitat Conservation Plan Membership Recommendation to the Board of County Commissioners In response to the Habitat Conservation Plan Committee's 5 vacant positions, 2 applications were received and evaluated by the Committee on April 25, 2006. There are no specific or unique qualifications established for this Committee. The Habitat Conservation Plan Ad -Hoc Committee in a vote of 5:0 voted to recommend Kevin McGowan and Bonnie Michaels to fill the vacant positions. NAME TYPE OF FIELD OF ].Kevin McGowan Initial Appointment M.S. in Human Resource Development and 2. Bonnie Michaels Initial Appointment B.A. Early Childhood Development. Current Co -chair of the Natural Resources Committee, League of Women Voters. (Self- emoloved) Agenda Item No. 9E May 8, 2007 Page 4 of 15 Habitat Conservation Plan Ad -Hoc Advisory Committee Name Work Phone AppPd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. Christian M. Spilker 643 -0166 06/14/05 06/14/08 3 Years 2260 16th Street, N.E. 304 -5266 Naples, FL 34120 E -Mail• cspilker @turrell- associates.com District: 5 Category: Environmental is Mr. Richard A. Stone aS�110 1 642 -8156 09/12/06 06/14/08 2 Years 21 Hickory CT i v 642 -8156 , Naples, FL 34145 1 E -Mail: RStonel234 @aol.com District: 1 Category: Environmental Org Member Mr. Jeffrey A. Carter 262 -6866 01/09/07 06/14/08 1 Year c : ° 1340 Oakes Boulevard 821 -7533 Naples, FL 34119 E -Mail: jeff @napleszoo.com District: 3 Category: Curator & Conservation Coordinator at Naples Zoo Ms. Roslyn D. Katz 3100 Gulf Shore Blvd., North #403 Naples, FL 34103 E -Mail: rkatz9500 @comcast.net District. 4 Category: Economics /Conservancy Mr. Brian J. McMahon 360 22nd Avenue, N.W. Naples, FL 34120 E -Mail: swampbuggy2 @eartlrlink.net District: 5 Category: Citizen At Large 04/25/06 403 -3916 597 -9077 06/14/05 353 -0110 06/14/08 2 Years 06/14/08 3 Years '--Twin - :-_m- aw:u R9.' ID�: �F4 ^i."S:'AE.6�itiNA�af.9CX�\�..i. -�s.^.S-�PA: ".n q_9e .Y�G £�},. -- � Wedaesday, January 10, 2007 Page 1 oJ4 t Agenda Item No. 9E May 8, 2007 Page 5 of 15 Habitat Conservation Plan Ad -Hoc Advisory Committee Name Rork Phone Appi'd Exp. Date Term Home Phone DateRe -appt 1ndExpDate 2nd Term Ms. Jennifer Hecker 262 -0304 11/29/05 06/14/08 3 Years 3525 21stAvenue, S.W. 262 -6683 Naples, FL 34117 E Mail: jenniferh@conservancy.org District: 5 Category: Environmental & Ecological; Land Mgmt• Conservancy Dr. L. Christian Mogelvang 2450 N. Rd., Box 3316 Naples, FL 34106 E -Mail: eogelvang@earthlink.net District: 4 Category. Lay Person 0 ?v Ms. Sally Woliver �rp 2010 19th Street, S.W. Naples, FL 34117 E -Mail: sallywol @swfla.rr.com District: 5 Category: Lay Person 06/14/05 06/14/08 643 -0566 352 -0690 06/14/05 353 -7607 Ms. Maureen Bonness 348 -8178 06/14/05 7390 Rookery Lane 348 -8178 Naples, FL 34120 E -Mail: bonness @infionline.net District. 5 Category: Environmental Consultant 06/14/08 06/14/08 Ms. Judith Hushon 04/25/06 06/14/08 1659 Chinaberry Ct. 643 -6222 Naples, FL 34105 E -Mail: judyhushon @aol.com District. 4 Category: Environmental Consulting/Conservancy Volunteer 3 Years 3 Years 3 Years 2 Years � __ Wednesday, January IQ 2007 Page 2 of 4 ��� � Agenda Item No. 9E May 8, 2007 Page 6 of 15 Habitat Conservation Plan Ad -Hoc Advisory Committee Mr. Richard C. Gill 289 -4153 09/12/06 06/14/08 2 Years 290 Pinehurst Circle 775 -9623 Naples, FL 34113 E- Mail.• rgill1943@aol.com District: 1 Category: Business Manager/Law Enforcement Wednesday, January 10 , 1007 Page 3 oj4 Work Phone Appt'd Exp. Date Term Name Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. Jerry Breshin 775 -8134 09/12/06 06/14/08 2 Years 4695 Hawk's Nest Way, Apt 204 775 -8134 Naples, FL 34114 E -Maik J- Breshin@att.net District: 1 Category: Business Administration/Marketing Mr. Richard C. Gill 289 -4153 09/12/06 06/14/08 2 Years 290 Pinehurst Circle 775 -9623 Naples, FL 34113 E- Mail.• rgill1943@aol.com District: 1 Category: Business Manager/Law Enforcement Wednesday, January 10 , 1007 Page 3 oj4 Agenda Item No. 9E May 8, 2007 Page 7 of 15 Habitat Conservation Plan Ad -Hoc Advisory Committee Name Work Phone AppNd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term This committee was created on March 22, 2005, by Resolution No. 2005 -174 and amended on February 14, 12006 by Resolution No. 2006 -41 to expand membership to 13 members. They will serve as a forum for community review and discussion regarding Habitat Conservation Plans (HCP). The committee is specifically tasked to evaluate the geographical scope (excluding the Rural Lands Stewardship Area) and coverage of an HCP including the species associated with the geographical scope, to identify the types of impacting activities including County infrastructure needs, to identify the financial impacts of an HCP, to assess the community support for an HCP, and to identify alternatives to an HCP, if an HCP is not deemed feasible. The committee will ultimately provide its findings and recommendations to the Board of County Commissioners. Terms are 3 years. FL STAT n/a Staff. William D. Lorenz, Jr., Environmental Services Director. 213 -2951 Wednesday, January I0, 2007 Page 4 of 4 Agenda Item No. 9E May 8, 2007 Page 8 of 15 MEMORANDUM DATE: April 16, 2007 TO: Elections Office FROM: Sue Filson, Executive Manager i 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. HABITAT CONSERVERVATION AD HOC Bonnie Michaels 592 Beachwalk Circle, N202 Naples, FL 34108 Thank you for your help. COMMISSION DISTRICT JOPF Agenda Item No. 9E May 8, 2007 Page 9 of 15 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 Iisted below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. HABITAT CONSERVATION PLAN COMMITTEE Kevin M. McGowan 10580 Regent Circle Naples, FL 34109 Thank you for your help. COMMISSION DISTRICT ■ Agenda Item No. 9E May 8, 2007 MEMORANDUM Page 10 of 15 DATE: March 2, 2007 TO: William D. Lorenz, Jr., EnvironmSmV4 Services Director FROM: Sue Filson, Executive Manager Board of County Commissione RE: Habitat Conservation Plan Ad Hoc Committee As you know, we currently have vacancies on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Kevin M. McGowan 10580 Regent Circle Naples, FL 34109 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time -frame, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF F4T4T%1T9T4- =4 • • • Advisory Board Application filson s From: mcgowan.kevin @an.net Sent: Wednesday, February 21, 2007 2:50 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: 2/21/2007 2:50:16 PM. Name: Vlevin M. McGow Home Phone: 39- 594 -964 Home Address: 110580 regent Circl City: ale Zip Code: 4109 Phone Numbers Fax: I Business: 93- 530 -585 e -Mail Address: c owan.kevin att.ne Work Place: lCollier County Sheriffs offic How long have you lived in Collier County: ore than 15 Have you ever been convicted of any offense against the law? Are you a registered voter in Collier County? 0 Page 1 of 2 Agenda Item No. 9E May 8, 2007 Page 11 of 15 Board / Committee Applied for: Pabitat Conservation Plan Ad Hoc Adviso Commi Category; got indicate Do you currently hold public offfice? Do you currently or ever served on a Collier County Board or Committee? Please list Your community activities: 2/21/2007 00 F-1 64 Advisory Board Application Please list your community activities: Page 2 of 2 Agenda Item No. 9E May 8, 2007 Page 12 of 15 Education: Master of Science in Human Resource Development and Administration from Berry [University 2004 Experience: _ 6 years with the CCSO Jail Division. 2/21/2007 Agenda Item No. 9E May 8, 2007 MEMORANDUM Page 13 of 15 DATE: April 16, 2007 TO: William D. Lorenz, Jr., Enviro ervices Director FROM: Sue Filson, Executive Manager Board of County Commissioners( RE: Habitat Conservation Plan Steering Committee As you know, we currently have vacancies on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Bonnie Michaels 592 Beachwalk Circle, N202 Naples, FL 34108 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time -frame, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF Attachments Advisory Board Application filson_s From: mwfam @aol.com �t: Wednesday, March 28, 2007 9:26 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: 3/28/2007 9:26:12 PM. Name: onnie Michael Home Phone: 39.596 -9135 Home Address: 92 Beachwalk Circle, N20 City: Raple Zip Code: 34108 Phone Numbers Fax: 1661.885.7865 Business: F847.308-091 e -Mail Address: wfam aol.co Work Place: Self -em to e 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? 0 Board / Committee Applied for: abitabt Conservation Pl Category: of indicate Do you currently hold public offfice? Do you currently or ever served on a Collier County Board or Committee? • Please list vour community activities: Page 1 of 2 Agenda Item No. 9E May 8, 2007 Page 14 of 15 o- Chair, Natural Resources, League of Women Voters Volunteer, SW Conservancy, Widllife Habiltat d other departments as needed Environment Action Group, Gather the Women Naples Press Club, ember Brandeis Women's Group, member Take Back Your Time, National Board Member Women's Business network, speaker President's Association, speaker Naples Alliance for Children, consultant 3/29/2007 Advisory Board Application Page 2 of 2 E May 8, 2007 Education: Page 15 of 15 • • Experience: Professional consultant, speaker, author and President of Managing Work & Family, Inc. a work-life onsulting firm. www.mwfam.com President of Women in Film, Chicago Prior memberships in National Association of Speakers, Training & Development organization Work/Life Alliance 3/29/2007 Agenda Item No. 9F May 8, 2007 Page 1 of 2 " -ock m From: muddj Sent: Wednesday, May 02, 2007 1:42 PM To: brook m; bodinejudi Subject: FW: boat speeds Add this as backup on the para 9 item. Thanks, Jim From: Torrelohn Sent: Wednesday, May 02, 2007 1:39 PM To: muddy; ochs_I Subject; boat speeds Naples council says 'no' to negotiations on boat speeds for now By Eric Steats Wednesday, May 2, 2007 Niles City Council voted this afternoon not to send Mayor Bill Barnett to talk compromise on the Naples Bay boat 3 zone issue with Collier Commission Chairman Jim Coletta. The 7 -0 vote came the day after Coletta suggested the meeting with Barnett during a joint meeting between the City Council and the County Commission. Collier County, the Marine Industries Association of Collier County and charter boat captain Eric Alexander have appealed a decision by the Florida Fish and Wildlife Conservation Commission to issue the city a permit to mark slower speed zones on Naples Bay. The decision overturned a recommendation by an administrative law judge, who ruled that the slower speed zones were not necessary. The City Council met for about 30 minutes behind closed doors in a litigation strategy session before emerging to take the vote. The only comment came from Barnett. "Two items, No. 1, the city will continue to defend the appeal and to prosecute our cross - appeal," he said. "Second item, with regard to the session with myself and Mr. Coletta, it is the decision of Council that we will decline that only because there is an appeal pending and we'll wait for the result of that appeal." C) 2007 Naples Daily News and NDN Productions. Published in Naples, Florida, USA by the E.W. Scripps Co. 5/2/2007 rug,; r m t Agenda Item No. 9F May 8, 2007 Page 2 of 2 file: / /C:\AgendaTest\Export \82- May %208, %.202007\09. %20BOARD %200F % 2000UNPY... 52/2007 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS V Item Number. 9F Item Summary: BCC Chairman potential mediation discussions with Mayor Bill Barnett regarding Naples Bay Boat Speed Zones_ (Commissioner Colette) Meeting Date: 5182007 900'00 AM Approved By James V. Mudd County Manager Data Board of County County Managers Office 51112007 0T 12:460 M Commissioners file: / /C:\AgendaTest\Export \82- May %208, %.202007\09. %20BOARD %200F % 2000UNPY... 52/2007 Agenda Item No. 10A May 8, 2007 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to accept a report on the Road Maintenance Limerock Road Conversion project in Collier County. OBJECTIVE: That the Board accept a report on the Road Maintenance Limerock Road Conversion project in Collier County. CONSIDERATIONS: July 26, 2006 (10E), the Board approved the award of Bid #06 -3982 "Surfacing & Maintenance of Limerock Roads in Collier County" to Florida Highway Products, Inc. as Primary; E.J. Breneman as Secondary; and NR Contractors as Tertiary. The Limerock Road Conversion consists of 151 road segments totaling 87.01 miles. The required tasks to complete each segment are clearing / grubbing, swale reconstruction, sod placement, base reconstruction, Limerock, driveway replacement, pipe, prime / seal, and asphalt overlay. To date, 24 road segments (18.01 miles) have been completed (see Exhibit A). FISCAL IMPACT: The approved FY 07 budget under fund 111 (Road and Bridge) allocated $7,387,300 for the conversion of Limerock roadways to asphalt. With contractual roll of approximately $1,000,000 from FY 06, the available project budget totaled $8,303,000. From this amount approximately $649,000 is allocated for non - construction expenses such as surveying. To date, the County has expended $7,554,723 for Limerock conversion and other related project expenses. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board accept a report on the Road Maintenance Limerock Road. Conversion project in Collier County. Prepared by: Lisa Hendrickson, Operations Analyst, Transportation Road Maintenance Attachment: Exhibit A Agenda Item No. 10A May 8, 2007 Page 2 of 4 rage f m 1 Agenda Item No, 10A May 8, 2007 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 10A Item Summary: Recommendation to accept a report on the Read Maintenance Limerock Road Conversion project In Copier County (Norman Feder, Administrator, Transportation Services) Meeting Date: 5/8/2007 8.00 00 AM Prepared By Lisa Hendrickson Senior Planner Date Transportation Services Alternative Transportation Modes 411912007 10A1:22 AM Approved By Lisa Nendooksan Senior Planner Data Transportation Services AltematNe Transportation Modes 4/19120071061 AM Approved By John War Roads Maintenance Superinumdant Data Transportation Services Road Maintenance 411 912 00 7 11:10 AM Approved By Address Vaniscak Operations Analyst Data Transportation Services Road Maintenance 4119)200911: 26 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 412412007 In 52 AM Approved By Mark Schoenberger Operations Analyst Date Tormarartation Services Road Maintenance 41241200711:11 AM Approved By Sharon Newman Accounting Supervisor Data Transponatron Services Transportation Services Admin 4124120078:55 PM Approved By Rookmin Noun, ManagementRudget Analyst Data Transportation Engineering and Transportation Services Construction 4251200711: 40 AM Approved By Pat LebMad Executive Secretary Date Trenspprtalton Services Transportation Services Admin 412512007 11 49 AM Approved By OMB Coordinator Administrative Assistant Data County Managers Office Office of Management& Budget 4,'20120077:54 AM Approved By Mark Isvoloon Butlget Analyst Data County Manager's Office Onice Of Management B Budget 50120075:21 PM Approved By Michael Smyk —ski Management S Budget Director Date County Manager's Office Office of Management B Budget 511120075'. 47 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager s Office 51112007208 PM file: / /C:AAgendaTest \Export\82 - May %a 208, a / x202007 1 0.a /o2000UNTY ° /20MANAGER °/42... 5/2/2007 Agenda Item No. 10A May 8, 2007 Page 4 of 4 Exhibit A Road Segments Completed ■ 54`h Ave NE (W. of Everglades) ■ 60`h Ave NE (W. of Desota) ■ 16`h Ave SE (E. of Desota) ■ 22 d Ave SE (E. of Desota) ■ 10`h Ave NE (E. of 81h St NE) ■ 20d' Ave NE (W. of Desota) ■ 42 "d St NE (S. of 54`h Ave NE) ■ 14`h Ave SE (W. of Desota) ■ 4`h Ave SE (E. of Desota) ■ 18`h Ave SE (W. of Desota) ■ 24`h Ave SE (W. of Desota) ■ 22nd Ave SE (W. of Desota) ■ 581h Ave NE (E. of Everglades) ■ 66`h Ave NE (E. of Everglades) ■ 24`h Ave SE (W. of Everglades) ■ 16`h Ave SE (W. of Desota) ■ 20`h Ave SE (E. of Everglades) ■ 22nd Ave SE (E. of Everglades) ■ 14`h Ave SE (E. of Desota) ■ 6d' Ave SE (E. of Desota) ■ 56`h Ave NE (W. of Everglades) ■ 38d' Ave SE (W. of Everglades) ■ 201h Ave SE (E. of Desota) ■ 22 "d Ave SE (W. of Everglades) Agenda Item No. 106 May 8, 2007 Page 1 of 5 EXECUTIVE SUMMARY Discussion with the Board of County Commissioners regarding the Transportation Production Readiness (Discussion Purposes Only) 5 Year Capital Work Program and the funding scenarios for the potential $182 Million Shortfall over 5 years. OBJECTIVE: Report to the Board of County Commissioners on steps Transportation proposes to take to reduce the potential $182 Million shortfall in the Transportation Production Readiness (Discussion Purposes Only) 5 year Capital Work Program. CONSIDERATIONS: On January 24, 2007 the Board of County Commissioners was presented the AUIR that included the transportation 5 year work program that showed a shortfall in funding of $182 million dollars over the 5 years. What was proposed in the AUIR was to fund the shortfall with Developer Contribution Agreements (DCA's) and grant funds. At the direction of the Board, Transportation removed the $182 million from the program and directed staff to find the appropriate funds to fix the potential road funding shortfall. The Board also directed that only projects that could be funded for certain be included in the 5 year work program and AUIR. Since the AUIR presentation, Transportation staff has been reviewing various funding options to cover the $182 million shortfall and is being presented to the Board for review and comment as part of this executive summary. These options include the following: Impact Fees — Transportation is currently in the process of updating the current impact fees and current findings from the consultant, Tindall Oliver and Associates, indicates that impact fees will be increased anywhere from 20% to 40 %. Also, impact fees will be indexed each year following this update. It is estimated that this will generate approximately $85 million in additional revenue Stormwater LASIP Proiect Features — Construction of Rattlesnake Hammock Road and Goodlette Frank Road included LASIP features for drainage that went beyond what was needed for the road project for drainage and the LASIP features were paid for from road construction funds when in fact, these features should be paid for by the dedicated .15 mils for Stormwater projects. The Stormwater Department has reimbursed the road construction funds $3,365,000 for these features. General Fund Turn Back — During the AUIR presentation, the Board had recommended providing $11 million of turn back revenue to the road program. As noted at the AUIR meeting, a portion of the $11 million had already been allocated to other items. Approximately, $6 million is being allocated this fiscal year to Transportation. County Barn Road Project — This project has been delayed beyond the 5 year program due to the Santa Barbara Extension project moving forward to construction in FY08. Increasing the lanes on the Santa Barbara Boulevard Extension Project from 4 to 6 lanes will increase the project 3 million and will delay the need for County Barn Road. The County Barn Road project was in the 5 year program for $38 million and has been removed. Agenda Item No. 10B May 8, 2007 Page 2 of 5 Oil Well Road Project — This project was brought to the board several years back as a Developer Contribution Agreement (DCA) The original Engineer's Estimate for the 3 phases of the Oil Well Road was stated to cost the County approximately $62 million. The three phases of Oil Well Road were shown in the AUIR at a total of $87.7 million. These phases included Immokalee Road to Everglades Boulevard as Phase I, Oil Grade Road to Camp Keis as Phase II, and Everglades Boulevard to Oil Grade Road as Phase III. As design has further progressed, revised engineer's estimates have been provided to the County, with estimated construction costs escalating to $134 million to construct the 3 phases of the Oil Well Project As part of balancing the $182 million shortfall, Transportation has maintained the current engineer's estimate for Phase I and reverted to the original DCA estimate for Phase II and IIl. This increases the total for Oil Well Road improvements to $90.5 million (a $2.8 million increase). Discussions are underway for Barron Collier /Ave Maria to provide fill, concrete, and other savings to allow the reduced funding to complete the improvements. Grants/Reimbursements - Grants were shown $34.3 million for the 5 year period. This category was revised to reflect items that were programmed in the FDOT 5 year work program and other reimbursements that we know for certain will be coming in to Transportation. This increased projected revenues by $8.6 million. Landscape Projects — When a road construction project is completed, it goes into the landscape phase with construction funded by Gas Taxes. Slowing down implementation by relying only on historical levels of MSTD Fund 111 funds for not only continual maintenance, but construction of landscaping allows $11 million in Gas Tax funding to be removed from the work program. New projects Added — As part of the update of this plan, two (2) additional projects have been added to the work program and they include Davis Boulevard from Radio Road to Collier Boulevard (Davis to North of Golden Gate Main Canal). The Davis Boulevard project represents an advanced reimbursement from FDOT for this project with reimbursement commencing in 2013. In addition intersection improvements related to the Immokalee (175 to CR 951) improvements includes the Northbrooke Widening and Immokalee /Collier Boulevard Intersection Improvements. Estimated Project Updates — The 5 year attached work program includes adding the new 5d' year (2012) to the plan as well as updates to all the estimates that are listed on the program based on the latest estimates for design, ROW, construction, and CEI services. Commercial Paper Loan — In FY08 the plan assumes a Commercial Paper Loan of $50 million dollars to help fund projects that are planned for construction in FY08. The plan also shows in years 2008 through 2012 repayment of the loan. Repayment of the loan shown in the plan is based on a 5 year term. Reserves — The work program that was presented along with the AUIR, assumed a level of reserves in the amount of $68 million. We have reduced the reserves to a level of $17.5 million. In the 2006 AUIR update, the Board had directed staff to show a reserve based on 10% in the I" and 2nd year, 15% in the 3`d year, 20% in the 4`h year and 25% in the 5th year. If we leave the reserves at this level, then we will need to move projects out beyond 2012 to balance the program. Agenda Item No. 10B May 8, 2007 Page 3 of 5 Cash Flow Projects — The way contracts are currently written requires that all the funding for the construction of the project be budgeted in the fiscal year that you let the contract and open the purchase order. Given that projects run for multi years, Transportation is proposing to cash flow construction projects over several years and revise the contract language prior to letting the contract to allow for this to be implemented. Purchase orders would be opened for what is believed to be the estimated cash flow needs and each year after, the purchase orders will be increased to allow for continual payments to the contractor until the completion of the project. If we are not able to cash flow projects as outlined above, we would need to move several projects out beyond 2012. In summary these actions will allow us to overcome the shortfall and limit delay to project delivery and leave us with a $63 million available at the end of the 5 years with limited program in the 4t' and none in the 5"' years. In the next AUIR review we can evaluate how revenues and costs have progressed and consider options to hopefully program more projects with the available funding. The current plan shows the $63 million being held in reserve in the event that revenues do not come in as anticipated. FISCAL IMPACT: The concepts advanced in this approach would result in a $50 million dollar Commercial Paper Loan, increase in impact fees, cash flowing of construction phases of projects and approximately $6 million of General Fund Turn Back. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners advise on any specific item or direction they wish staff to follow differently than what is outlined in this Executive Summary. Prepared By: Sharon Newman, Transportation Operations Manager Attachment: Production Readiness /Discussion Purposes Only Plan Page I of 1 Agenda Item No, IOB May 8, 2007 Page 4 of 5 file:// C: \AgendaTest\Export\82- Maye /a208, %202007\ ] 0.a /o20C0UNTY0/20MANAGERe /a20... 5/2/2007 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 10B Item Summary: Discussion with the Board of County Commissioners regarding the Transportation Production Readiness (Discussion Purposes Only) 5 Year Capital Work Program and the moding scenarios for the potential $182 Million Shortfall over 5 years. (Norman Feder. Administrator, Transportation Services) Meeting Date: 5/0/2007 9'.00'.00 AM Prepared By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 4112120073:23:57 PM Approved By Sharon Newman Accounting Supervisor Data Transportation Services Transportation Services Admin 4/1212007 3:25 PM Approved By Nome E, Feder. AICP Transportation Division Administrator Data Transportation Services Transportation Services Admin. V24120078:45 PM Approved By Nation Ahmed Director Dale Transportation Engineering& Transportation Services Po Construction Management 4125/200711: 15 AM Approved By Nick Casslanguida MPO Director Data Transportation Services Transportation Planning 41251200711: 37 AM Approved By Pat Leonhard Ereculive Secretary Data Transportation Services Transportation Services Admin 412 5120 07 1:31 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 4/2612007 7:54 AM Approved By Susan usher Senior Management /Budget Analyst Data County Maruger's Office Office of Management & Budget 51212007 3:13 PM Approved By Michael Serykowski Management & Budgot Director Date County Manager's Office Office of Management & Budget 51212007 3:41 PM Approved By James V. Mudd County Manager Data Board of County Commissioners County Mange's Offca 5(2120074:55 PM file:// C: \AgendaTest\Export\82- Maye /a208, %202007\ ] 0.a /o20C0UNTY0/20MANAGERe /a20... 5/2/2007 Project a 60005 60006 60018 66045 60169 62081/ 62081E 63051 65061 66042 600011 60091 60101 60166 60168 60044 60044 5OD40 60044 68056 62024 60065 TBD 60134 60027 66060 60162 60176 60177 60105 60106 60073 Production RedinesslDiscussion Purposes Only (Dollars shown in Thousands) Agenda Item No. 10B Q 5J Of Protect Name SUMMARY OF PROJECTS 10% FY07 Amount 2,000 10% FY 08 Amount Bridge Repairs/Improvements 15/s FY09 Amount 66065 20% FY10 Amount 3,989 25% FY11 Intersection SafetylCapaclty, Improve 25 FYI Goodletts Frank(PRR-GGPKWY) 11,446 CA 69122 Shoulder Safety Program 129 60463 Traffic Calming 477 69081 Palhwaysl5idewalks Bike Lanes 4 ,485 Golden Gate Pkwy Overpass 20,032 CA 61010 Transit Enhancements 2.023 100 Subtotal Base Operations 8 Maintenance 24,242 250 Enhanced Operations 6 Maintenance 1,577 Immokalee Rd/Celler Blvd -43rd 12,971 CA TBD Road Refurbishing 600 Short Term Loan Commercial Paper Subtotal Enhanced 0 5 M 1.010 60003 Collector Roads /Minor Arterial Roads 9,958 Imm,kalea Rd ITS. Collier Blvd. 22,830 CAI Debt Servile Pymts Commercial Paper: .. Debt Service Payments 14,614 293,666 Total Funding Request All Funds 414.953 1 Rabbnake Polly to Collier Blvd 18.527 Oil Stormwater Funding for Projects 3,365 General Fund 24,100 SBB Ph I C%tPh I ROW 66,218 RICA 24,000 24,000 General Fund Turn back 6,000 588 • Coppadeaf to Green 1.972 R 2.000 R 1,000 R Revenue Reserve 14,019 14,019 Vanderbilt Bch RdlAirporl- Collhar Bfvd. 25,725 CAI 435,636 155,215 112,166 125,049 119,652 122,154 Collier BlvdRmmk Rd-GG Blvd. 42,353 CA Immokalee RWUS41-F75 22,511 CA Collier Blvd (US 41 to Davis) 45,787 DARICfi Collier Blvd (Davis to N of GG Main Canal) 13,726 CA 6,974 CA Santa Barbara RKWPeliy 7,406 DAR 26,451 RICA 16,417 CA 7,332 CA Courtly Sam RaadlDavis - CR884 4,425 DIR Logan Bouleverd/PRR to IMMK 4,260 R Vanderbilt Beach RdX.I ier Blvd- Wilson 12,217 DIR 12,200 R 15,097 R 20.724 5.000 R 5,0(10 Oil Wall 4lrnmk- Everglades) 6.331 R 25,000 CA 16,000 CA 7,000 CII Oil Well 4E Desoto - Camp Kett) 6,672 CA 8,728 C/1 2,501 CA Gdtlan Gets BlvdMlflson E of Everglades 3,144 R 8,ODO R 8,150 R 15,900 CA 27,007 C8 9,729 011 Well (Everglades - E Desoto) 5.978 R 16.014 CAI 7,515 Geller Blvd (GGB to PRR) 4,235 DIR 7,857 CAI 15,955 CII 4,441 Green BW (Llv• SOB)) 2 S Randall Blvd 894 R 2,000 R 1.000 R Wilson Blvd (GGB -lmmk Rd) 1,500 D 1,500 D 2.000 R 1,000 R Gocdiette Frank PRR -VBR 24 Golden Gate Pkwy Landscape 673 R OS Interchange ® Evergladss 718 S Tropicana Bridge 1,500 ADV Davis BM LIglltlrg 649 knmokalee -1-75 Loop 18,54D C 2,040 LP 2,040 LP 2,040 LP 2,040 knmkalee Rd /Collier Blvd Intersection 400 D 4,046 CA 2,054 CAI Northbrooke Widening 460 D 3,011 R/CAI 1,529 CII Davis Boulevard 1.582 R 15,914 RICA 6,058 Gil 2,028 CA Contingency (tOY.- 07,08; 15•/.09; 20 °.:-10 and 25. rest 4.000 4.000 NO 4,000 4.000 Total 363,810 11].848 88,491 747 609 73,511 32728 I LP 20,032 12,971 22,830 18,527 66,218 4,972 25,725 42,353 22,511 45,787 20,700 57,606 4,425 4,260 70,238 54,331 17,901 71,930 29,507 32,491 2 3,894 6,000 24 673 718 1.500 649 26,700 6,500 5,000 I5,532 2DO Base Operations 8 Maintenance 2,000 66066 Bridge Repairs/Improvements 562 66065 Major Intersection Improvements 3,989 60016 Intersection SafetylCapaclty, Improve 1,175 60172 New Traffic Signals 2,730 69122 Shoulder Safety Program 129 60463 Traffic Calming 477 69081 Palhwaysl5idewalks Bike Lanes 4 ,485 35010 Transit Facility 6 Transfer Site 8,672 61010 Transit Enhancements 2.023 100 Subtotal Base Operations 8 Maintenance 24,242 250 Enhanced Operations 6 Maintenance 1,577 60173 Major Roadway ResurlacinglReconstrucli 410 TBD Road Refurbishing 600 Short Term Loan Commercial Paper Subtotal Enhanced 0 5 M 1.010 60003 Collector Roads /Minor Arterial Roads 9,958 60171 Advanced ROW 1,319 Debt Servile Pymts Commercial Paper: .. Debt Service Payments 14,614 293,666 Total Funding Request All Funds 414.953 1 Revenue. I LP 20,032 12,971 22,830 18,527 66,218 4,972 25,725 42,353 22,511 45,787 20,700 57,606 4,425 4,260 70,238 54,331 17,901 71,930 29,507 32,491 2 3,894 6,000 24 673 718 1.500 649 26,700 6,500 5,000 I5,532 2DO 2,000 2,000 2,000 2.000 8,762 two 11000 1900 1,000 1,000 8,989 7% 750 750 750 750 4,925 750 750 750 750 750 6480 50 50 50 50 SO 379 100 250 250 250 250 1,577 500 500 SOO 500 500 6,985 Short Term Loan Commercial Paper '. 50,000. 8,672 5,487 5,817 6,030 100 909 700 1,250 ..,. 11,500 '. 12,200 Impact Fees /COA Revenue 410 600 600 3.600 600 600 4.010 6,256 6,495 40,043 600 600 4,228 12,700',' 10,061 .571711 Impact Fees /COA Revenue 46,482 55,500 55.600 61,278 61,378 63,875 Bendaraon 10,000 Ave Marla 5,100 5,500 6,500 8,622 8,622 8,622 Total Impact Fees 61,582 61,000 62,100 69,900 70,000 72,500 Gas Tax Revenue 21,458 22,102 22,766 23,449 24,152 24,154 GrantalReimbumements 28,302 2,132 3,300 7,700 11500 1,500 Short Term Loan Commercial Paper '. 50,000. Transfers 1,150 Carry Forward 293,666 Stormwater Funding for Projects 3,365 General Fund 24,100 24,000 24,000 24,000 24,000 24,000 General Fund Turn back 6,000 interest 32 Revenue Reserve 14,019 14,019 Total 5 Year Revenues 435,636 155,215 112,166 125,049 119,652 122,154 Gross SurpluslShortfall 20.684 - (17,033) 6.030 4,096 49,788 Cumulative 20,684 20,684 3.651 9,681 13.777 63,565 344,116 10,000 138,081 44,431 50,000 1,150 293,666 3,365 144,100 6.000 32 Agenda Item No. 10C May 8, 2007 Page 1 of 234 EXECUTIVE SUMMARY Recommendation to adopt a resolution authorizing the condemnation of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the four -lane and six -lane expansion of Oil Well Road from Immokalee Road to Camp Keais Road. (Project No. 60044). Estimated fiscal impact: $12,780,000.00 OBJECTIVE: To adopt a resolution authorizing the acquisition by condemnation of fee simple interests and/or perpetual or temporary easement interests necessary to expand Oil Well Road from two lanes to four lanes between Immokalee Road and Everglades Boulevard, and from two lanes to six lanes between Everglades Boulevard and Camp Keais Road (Project No. 60044). CONSIDERATIONS: On April 26th, 2005, the Board entered into a Developer Contribution Agreement ( "Ave Maria ") with Ave Maria Development, LLLP, recognizing that "substantial road improvements are required, including the urban four laning of Oil Well Road, with provision for future six laning, between Immokalee Road and Camp Keais Road." One of the primary developer contributions under the terms of said Agreement was the developer's commitment to fund the cost of designing and permitting the improvements to Oil Well Road. As a result of that commitment, the engineering firm of CH2MHill has been hired to provide a road design that will add additional capacity on Oil Well Road while minimizing impacts to surrounding residential /commercial and environmentally sensitive properties. Initial authorization for the purchase of right -of -way for the Oil Well Road project was given by the Board of County Commissioners on April 25, 2006, under Resolution No. 2006 -107. Since that time, project notices have been sent to property owners along the corridor and real estate appraisals are being received. Staff has purchased 18 parcels of property and executed an additional 17 purchase agreements necessary for the construction of this project. Concurrency requirements indicate that construction of improvements to this roadway should commence late in the forth quarter of fiscal year 2007. The Board is hereby advised that the condemnation of property will most likely be necessary in order to meet this schedule. The Board of County Commissioners has been advised through numerous public meetings and communications of the need for the roadway improvements, of the need to acquire additional right - of -way before those improvements may be constructed, and the Board is herewith being advised of the various alternative routes and typical roadway sections considered by its professional engineering staff and consultants, and of the environmental impacts and costs of each engineering alternative, and of the public health, safety and welfare considerations, and of the long -range planning implications posed by each alternative. Reference is being made to the attached Technical Memorandum prepared by Professional Engineer, Scott Bear, with the firm of CH2MHi11. By its review, concurrence and approval of this executive summary, the back -up documentation, and the proposed resolution, the Board will have determined that the legal descriptions, and the interest in real property specified on each legal description, which are a part of the attached Resolution, represent the most feasible location, and are necessary for the construction of the proposed improvements to Immokalee Road (see attached memorandum dated April 18, 2007). The location of stormwater treatment ponds has been determined based on hydraulic and operational Agenda Item No. 10C May 8, 2007 Page 2 of 234 characteristics, maintenance considerations and minimization of wetland impacts. Each and every pond site within the project limits, as determined according to the above - described engineering analysis, was further reviewed and each pond was carefully configured on each affected property so as to minimize damages and negative impacts to the remaining real estate. The Board of County Commissioners has been further advised that it is necessary and in the public's best interest to acquire, by condemnation if necessary, those interests in real property specified on each legal description attached to the Resolution. FISCAL IMPACT: While much of the right -of -way has been committed to the County at no charge through development agreements, it is estimated that the total cost of all right -of -way which must be purchased will be $12,780,000. This amount includes the cost of all real property rights required for construction of the proposed improvements, as well as all expenses for title work, real estate appraisals, staff time, and those expenses, such as property owner attorney fees and expert witness fees, which the County is required to pay according to Sections 73.091 and 73.092, F.S. All such payments will come from the Transportation Supported Gas Tax fund and the Road Impact Fee funds. Source of funds are gas tax and road impact fees. GROWTH MANAGEMENT IMPACT: As part of the County's proposed 5 year work program, the four -lane and six -lane improvements to Oil Well Road (Project No. 60044) are an integral part of Collier County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County 1. Adopt the attached Resolution; 2. Authorize its Chairman to execute same on behalf of the Board; and 3. Authorize any budget amendments that may be necessary to implement the collective will of the Board as evidenced by the adoption of the attached Resolution and the approval of this Executive Summary. Prepared by: Lorraine Lantz, ROW Coordinator, TECM Attachment: 1. Condemnation Resolution 2. Technical Memorandum dated April 18, 2007, from Scott Bear of CH2MHi11 to Michael Greene, Project Manager — Collier County Transportation Services 3. Portions of the Oil Well Road Drainage Report dated April 2007, from CH2MHili. Page 1 of 1 Agenda Item No. 10C May 8, 2007 Page 3 of 234 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS _ Item Number: 10C Item Summary: Recommendation to adopt a resolution authorizing the Cordemnatlon of fee simple interests and or those perpetual or temporary easement interests necessary for the Construction of roadway, drainage antl utility Improvements required for the four -lane and six -lane expansion of Oil Well Road from Immokalee Road to Camp Keats Road (Project No 60044). Estimated fiscal impact S12 780,G00.DD (Norman Feder, Administrator, Transportation Services) Meeting Date: 518/2007 9.00.00 AM Prepared By — Lorraine Lantz Right Of Way Coordinator Date Transportation Services TECM -ROW 4123120074:54:30 PM Approved By Gary Putaansuu Senior Project Manager Date Transportation Engineering and Trans nation Services Po Construction 4123020075:28 Be Approved By Haven Reeder" Right Of Way Acquisition Manager Data Transportation Services TECM -ROW 41241200710:33 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Tronsporefton Services Adrom 41241200710: 46 AM Approved By Michael Greene Project Manager Data Transportation Engineering & Transportation Services eonsVuch.., Management V241200711:19 AM Approved By --- Sharon Newman Accounting Supervisor Date Transportation Services Tranaponetton Services Adman 4124120077:58 PM Approved By Lisa Taylor ManagoidenVBudget Analyst Data Transportation Servtcoa man sponation Administration 412512007 2: 24 PM Approved By Pal Lehnitard Executive Secretary Data Transportation Services Transportation Services Adman 4125120073:46 PM Approved By OMB Coordinator Adminasindias A.I.Mret Date County Managers office Office of Management & Budget 412612D07 7:46 AM Approved By Susan usher Senior ManagemenHBudget Analyst Data County Manager's Office Office of Management & Budget V27120071'. 26 PM Approved By Michael Smykowska Management& Budget Director Data County Manager's Office Office of Management is Budget 4/2912007 8.11 AM Approved By James V. Mudd County Manager Date Board of county Commtasaonees County Manager's Office 4,30120072:16 Be file: / /C:\Aa=daTest \Export\82 -Mav %208, %202007\ 10. %20C0UNTY % 20MANAGER%20... 522007 TECHNICAL MEMORANDUM Agenda Item No. 10C May 8, 2007 Page 4 of 234 CH2MHILL Oil Well Road (Immokalee Rd to Camp Keais Rd) Concept Development & Analysis PREPARED FOR: Michael Greene, Project Manager Collier County Transportation Services PREPARED BY: Scott Bear / CF12M HJU COPIES: File (331629 -A1) David Genson /AMD DATE: April 18, 2007 The following is synopsis of the concept development and analysis prepared for Oil Well Road from Immokalee Road to east of Camp Keais Road. The goal of the project is to provide additional capacity on Oil Well Road while minimizing impacts to surrounding residential / commercial and environmentally sensitive properties. Initial Evaluation The initial efforts and objective of developing concepts for Oil Well Road centered on the following: • Identify the existing and proposed R/ W for the corridor. • Identify the existing and proposed Typical Section required for the corridor. • Identify any existing stormwater facilities within the corridor and identify any joint use opportunities with proposed developments along the corridor. • Identify any existing environmentally sensitive areas to avoid or minimize impacts to them. • Develop geometry that meets all criteria to ensure the alignment is safe and minimizing impacts to surrounding properties causing public health and welfare concerns. • Create an alignment within the corridor that accomplished the above. The initial evaluation include reviewing existing roadway plans, right -of -way maps, Tax Assessor's property data and discussions with Collier County Transportation staff. Initial Concept Plan Development The initial Concept Plans were a graphical representation of the data collected and evaluated in the Initial Evaluation. These base maps served as a starting point for the concept development. It quickly became clear the controlling item for the required R/ W width was the Typical Section. There were four typical sections developed as part of the initial concepts: 1. Four -lane divided Urban; ORLIOWR CORRIDOR ANALYSIS TECH MEMO REV.DOC COPYRIGHT 2007 BY GH2M HILL , INC. • COMPANY CONFIDENTIAL Agenda Item No. 10C May 8, 2007 Pane 5 of 234 2. Six-lane divided Urban; 3. Four -lane divided Suburban, expandable to six lanes; 4. Six-lane divided Suburban. The initial evaluation of the typical sections, both for Urban and Suburban, focused on how the future widening from four lanes to six lanes, if required, would occur and what type of drainage system was to be built initially. The Suburban typical sections were evaluated with the inside median built to 22' with curb and gutter, four lanes of traffic and an outside ditch system. This would require the future six lane section to be widened to the outside and the drainage system converted to an urban storm sewer system in the future. It was determined this would result in over 250' of R/ W required, a significant increase over the existing 100'. The second typical section evaluation was a four lane suburban with the outside pavement and curb line constructed with a paved shoulder and grassed median, i.e. an outside urban and inside suburban section. This would result in a minimum 46' median initially and the future widening to six lanes would be in the median. This allowed the typical section width required to be reduced to approximately 170'. For the six lane sections, it became clear that both of the four lane sections could be constructed as a six lane section, so the focus was on how many lanes were required. The preliminary traffic projects showed a four lane expandable to six would meet initial corridor demand. The combinations of typical sections were presented to Collier County staff for review and the decision was made the County was looking to reserve a uniform width from developers along the corridor and the suggestion was the typical section would have to work within a 200' right -of -way. The 200' right -of -way would be consistent with other corridor reservations County staff was requiring of developers and land owners throughout the county. Since the outside suburban resulted in a 250' required R/ W, the 200' R/ W corridor decision dictated an outside urban with inside suburban since it could be built within the 200' R/ W. Also, the determination to develop the typical section as an outside urban made it clear the drainage system would require pond sites be developed along the corridor. The alignment and typical section would determine locations, therefore no further evaluation was required since the number and location of ponds would be relatively consistent with all alignments. The final existing condition evaluated was environmentally sensitive areas. The project was broken into four areas: the urbanized area near Immokalee Road, the Golden Gates Estates area, the Camp Keais Strand area, and finally the area east of Camp Keais Strand. Each had different environmental issues. Through the urbanized area near Immokalee Road, the existing R/W was predominantly cleared and there were minimal wetlands in existing ditches. Therefore, the opportunity to minimize or avoid environmentally sensitive areas was fairly high. ORUOWR CORRIDOR ANALYSIS TECH MEMO REV.DOC Agenda Item No. 10C May 8, 2007 PaoP R of 234 The area through Golden Gates Estates was relatively consistent. The existing roadway had roadside ditches on both sides that had pockets of wetlands on both the north and south sides. There were additional parcels on each side of the roadway, outside the existing R/W that were low lying and would likely be claimed as wetlands by the agencies. However, east of the Faka Union canal, the areas outside the R/ W on the north were less environmentally sensitive than on the south side. The properties on the north were large tracts that had been cleared for a commercial uses such as mining and agriculture. The Camp Keais Strand is recognized by the agencies as being an environmentally sensitive area. It became clear that any increase in R/ W, regardless of direction, would impact the strand and there was little if any opportunity to avoid the impacts. The determination was made to develop a minimization approach through the Strand. Finally, east of Camp Keais Strand the existing R/ W contains roadside ditches that had pockets of wetlands on both the north and south sides. However, outside the R/ W the north side had less environmentally sensitive areas up to the intersection with Camp Keais Road than the south side. East of Camp Keais Road, the north side R/ W was bordered by a large canal and watershed that contained significant environmentally sensitive areas. The south side was dominated more by uplands and was less sensitive. Upon establishing the typical section, agreeing with the County on R/ W width requirements and resolving the need for offsite drainage ponds; an alignment alternative analysis was developed. The existing conditions along the corridor were depicted on aerial photography to be used to identify potential alignments. There were three alignment alternatives developed: • Alternative 1 - Hold Existing Centerline and widen both north and south; • Alternative 2 - Hold Existing South R/ W line and widen all to the north; • Alternative 3 -Hold Existing North R/ W line and widen all to the south; Each alternative alignment was incorporated into the aerial photography to determine the number of impacts to property owners, the number of homes and /or businesses impacted and /or displaced the proximity of the alignment to the remaining homes and the impacts on the safety of the homes, and the amount of impacts to environmentally sensitive areas. Based on this evaluation it was clear the most impactive alternative was Alternative 1. It was most impactive to the greatest number or property owners and would therefore have the greatest R/ W cost. Additionally, this alternative impacted most if not all the environmentally sensitive areas outside the existing R/ W on both sides of the roadway. Demonstrating avoidance and minimization to the agencies would be difficult. Also, by taking R/ W from both sides, the roadway would be much closer to a greater number of homes, causing concern about the safety, the noise and the impact to the value of the property in the area. It was therefore eliminated quickly as a viable alternative. Alternative 2 seemed to have the least amount of R/ W impacts except for the segment from the Golden Gate Main Canal to Everglades Boulevard (i.e. Golden Gates Estates). Through ORIJOWR CORRIDOR ANALYSIS TECH MEMO REV. DOC 2 Agenda Item No. 10C May 8, 2007 Pace 7 of 234 this segment there were several individual owner properties that had been built out that would be impacted and result in complete takes and/or relocations. From Everglades Boulevard east the properties were generally large land owners and therefore reduced the amount of impacts. Also, from the Camp Keais Strand east, i.e. through the Ave Maria property, Collier County was receiving an additional 100' of R/ W on the north side from Ave Maria. All alignments needed to connect to this configuration. As was noted earlier, the large properties east of Everglades had reduced amounts of environmentally sensitive areas. There were impacts to wetlands, however, a greater amount had been previously removed and therefore allowed for a less impactive alignment. Also, due to the large properties on the north, there was less residential development that would create potential conflicts. It would be less conflict with the property access, with the noise and it did not reduce residential lot sizes. All of which result in a safer and less economic impact. So Alternative 2 appeared to be the least impactive alternative. Alternative 3 had significant property impacts through the Golden Gates Estates area as was seen with Alternative 2. However, it also had additional impacts east of Everglades Boulevard since the properties along the south R/ W line are individual lots rather than large land holdings. Also, there are a substantial amount of properties outside the south R/ W line that contained environmentally sensitive areas beyond the roadside ditches. There were also several homestead sites that the properties were not completely impacted, but, were significantly reduced in size. The proposed R/ W would also be very close to the residential structure, causing concern about safety. Additionally, this alternative did not align with the proposed R/ W dedication of property at Ave Maria and added impacts along the north side outside the R/W dedicated by Ave Maria. All the alternatives were presented to Collier County staff to review prior to moving the project forward. During that meeting there were some resolutions and a request to evaluate further the segment through Golden Gates Estates. Additionally, it was determined that a similar evaluation was required for Everglades Boulevard since there was a significant amount of residential development within the limits proposed. The resolutions at the initial meeting were: — From west of Immokalee Road to Orange Blossom Ranch a four lane urban typical section in the existing 100' R/ W was to be designed. — From Everglades Boulevard east to Ave Maria the County agreed that Alternative 2 was preferred due to the low number of property owners, the reduced environmental impacts, the distance to residential structures and the ability to control the future locations if the properties developed and finally the consistency with the Ave Maria dedication. ORUOWR CORRIDOR ANALYSIS TECH MEMO REVDOC Agenda Item No. IOC May 8, 2007 Page 8 of 234 — CH2M HILL was to look at minimizing the impacts within Golden Gates Estates west of Everglades Boulevard and provide a similar analysis on Everglades Boulevard. Additionally, the typical section was to be an outside urban/inside suburban four lane for the entire length of the project except the first segment with the 100' R/ W. Final Concept Plans Based on the resolutions of the initial coordination meeting, further evaluation of the segment through Golden Gates Estates west of Everglades Boulevard was performed. The evaluation still incorporated the three alternatives identified, but it included additional evaluation of the R/ W width. The outcome of this additional evaluation was: the maximum section needed to meet the requirements for drainage, current and future lanes and pedestrian facilities was 170' of R /W. This was then applied to the three alternatives and it quickly became clear the best alternative was Alternative 1. Alternative 1 had a greater number of property owners impacted, but it reduced the number of homes impacted and reduced the amount of environmentally sensitive properties impacted. The only issue to arise was the connection with the section east of Everglades Boulevard (with the northern alignment). It was determined the horizontal alignment would need to be developed to transition from the Alternative 1 configuration at or just west of Everglades Boulevard. The transition can be accomplished by providing a curved alignment through Golden Gates Estates with the connection occurring approximately 1000 feet west of Everglades Boulevard. Based on this new data, the final recommendation for Oil Well Road was: — From Immokalee Road east to the Orange Blossom Ranch property, a four lane urban typical section would be constructed in the existing 100' of R/ W. — From the Orange Blossom Ranch west property line to the Golden Gate Main Canal, Orange Blossome Ranch was required to dedicate an additional 100' of R/ W and an outside urban /inside suburban four lane typical section would be built within 200' of R/ W. — From Golden Gate Main Canal to west of Everglades Boulevard the outside urban /inside suburban four lane typical section would be built in 170' of R/ W. — West of Everglades Boulevard the R/ W would transition to 200', with an additional 100' acquired on the north only, and a four lane outside suburban/ expandable to a six lane urban section would be built to Camp Keais Road in a 200' R/ W. — With this final configuration, the Oil Well Road intersections with Everglades Boulevard, DeSoto Road and Camp Keais Road would be expanded to accommodate the Oil Well Road improvements. With regards to Everglades Boulevard, there were several clear indications when the existing conditions were mapped. North of Oil Well Road, there was a significant amount of open, undeveloped land along the east side of the R/ W and a few developed homestead sites. South of Oil Well Road, there was residential development along the east side, ORUOWR CORRIDOR ANALYSIS TECH MEMO REV.DOC Agenda Item No. 10C May 8, 2007 Pane 2 of 234 however the buildings were a significant distance from the R/ W and there were more environmental sites on the west than north of Oil Well Road. Although the concept was to look at a similar scenario as the three alternatives on Oil Well Road, a fourth was added: provide a curved alignment through the intersection to connect a western alignment south of Oil Well Road and an eastern alignment north of Oil Well Road. It quickly became clear that an alternative with R/ W acquisition on the east south of Oil Well Road was impactive to residential sites. Equally, acquisition on the west north of Oil Well Road was impactive to residential sites. The curved section alternating sides north and south of Oil Well Road was evaluated. However in order to provide a curve that avoided residential impacts, a radius resulting in a superelevation was required. This would cause connection and intersection issues with Oil Well Road. So this was quickly dismissed. The least impactive would be to expand the R/ W on both sides north and south of the Oil Well Road. In evaluating this option, additional review was performed as to the location of the residential structures. It became clear that the residential structures north of Oil Well Road were closer to the existing R/ W than that south of Oil Well Road. Therefore, an equal R/ W impact was not feasible. In evaluating safety and access for the residential properties, it was determined that acquiring 30' on the west and 70' on the east minimized impacts while still providing a safe alternative. This is the configuration that has been carried from Concept stage into the final design and permitting stage for both Oil Well Road and Everglades Boulevard. ORLIOWR CORRIDOR ANALYSIS TECH MEMO REV.DOC Page Oil Well Road Drainage Report Segment Two Immokalee Road to 1,350 -ft East of Everglades Boulevard Segment Three 1,350 -ft East of Everglades Boulevard to 1,310 -ft West of Oil Well Grade Road Segment Four 1,310 -ft West of OII Well Grade Road to 2,478 -ft East of Camp Keais Road Prepared for Collier County Naples, Florida April 2007 Prepared by CH2MHILL 225 E. Robinson Street, Suite 505 Orlando, FL 32801 of 234 Ii i+ II' i I Q ii Il ! +I I 'I jlb. Agenda Item No. 10C May 8, 2007 Page 11 of 234 Executive Summary Ihis report presents the design of the storm water management facilities for the three segments proposed for the improvements along Oil Well Road. The overall improvements will include a section of Oil Well Road from Immokalee Road to a point east of Camp Keais Road within unincorporated Collier County, Florida. the three segments will be constructed duting two time periods, the first of which begins in late 2007 with Segments 2 and 4, which will be permitted by CH2M HILL. Segment 3 will begin construction in late 2009, and will commence after the construction of Segments 2 and 4 is completed. Segment 3 will overlap Segments 2 and 4 because of the temporary connections between the existing 2 -Jane roadway and the proposed 6 -lane section. Segments 2 and 4 are designed to be constructed without Segment 3_ Segment 3 is designed to be constructed with Segments 2 and 4 already in place. A single construction permit for Segments 2, 3, and 4 will be applied for. The drainage calculations included in this report are in support of that permit application. portions of Segments 2 and 4 will discharge into systems that are permitted by others. Drainage Report — o orb �oc� m Z CO T D m Rs a c N Q J J_ v m t Om J W v Y v x U R 6 L R `c Z R E E h � a i� ��NnnPU<'�m0 u m; m o p0 0 0 0 0 0 0 0 0 0 m � mQ rMMa•Jd y N.-m tO rr rtO an p NI'1MOri.ra OO G GCi0000G Q �; °nnm�nrm p ewe b N ^Van ay G O O N m`r'nrnnrn� C1 nm�t�R, V P (ODO'm0 cO J L m °moeec�c.- Sp o ��a N O m r o v n m E Z pp00000°0 O a 6 U Fi 8m S S 8 8° 8 um8 29 9 .1 r m lC ww t0 m miwmmmwmw N tG m fJ V< K r w 2 m rn w �=nvi v, � M v nc�v v, =v+= m F C O o m m w 0 mm m � F U a,00iwm 0 O O m T R) > m � iq ve Novi a vr7 aiv < mm m N A N w h W N N m m e o o r °uio m ai�^+ v 0 mio 1 F ._ � N F 1- y N N m ID m ° Y 6 n N e m L a N N N N N 0 O Og mC6 a � R! mm v d N N M m 2 e n N wm Ana w �ri m is r of o ro 0 s n �n r m r r N N N N N N N N N y A D g O n z N r M M II II p II m m m m d�d�d N N m m 3 0 m m O O m way H c E m a O O ~; r � o FO- i b O 7 J O O O aO m m m c e e E E E 888 000 0 0 0 e m m cc c c m m m S O O M �nr C C C Cl m N m m m 2 � m L 6 Li s d p d C 0 E g p i� ��NnnPU<'�m0 N d r � y N.-m rtO n,m p NI'1MOri.ra Q V °nnm�nrm p ewe b N ^Van ay G O O N m`r'nrnnrn� z J Sp G � mUwrrnln�r N O m r o v m E Z pp00000°0 O a U � 00 0 m a c m m Q S �n ca MMo F Y K K ZN ZZ ZWW D D a o n o n n W W W W� N N W 1-1 Il J U =1 r p, d m 7� � O u' 27 m v O J V d .O a N �4z V g� U I w w 3 S C Z E L 2 2 Z w w 2$ S 2 R Nd \1S S34Vpa3n3 NOA16 S30v1•Jtl3.�3 3N 15 ONLL i 3N lS HlPI y`( 1 3 iN 1S N1Yl 1` 1., � 3•`l LB N1B4 'p .BLS 3 HILL i �� €2 . �. � ✓tl �Il5 H1 l a '3N IS NlP W33)vNWbV '.. 3 F Y K K ZN ZZ ZWW D D a o n o n n W W W W� N N W 1-1 Il J U =1 r p, d m 7� � O u' 27 m v O J V d .O a N �4z V g� U I Agenda Item No. 10C May 8, 2007 Page 14 of 234 1.0 Introduction Collier County is proposing to widen Oil Well Road (OWE) from Immokalee Road to a point just east of Camp Ke.aia Road, a distance of approximately 1142 miles The existing 2- lane undivided rural arterial roadway will be widened to a 4-lane divided section between Immokalee Road and Everglades Boulevard, and to a 6-lane divided section between Everglades Boulevard and Camp Keais Road Intersection improvements with additional left and right turn lanes are planned for Everglades Boulevard, Desoto Boulevard, Oil WeII Grade Road, and Camp Keais Road. The County is also proposing additional improvements for Everglades Boulevard, and Camp Keais Road as follows: • A one mile section of Everglades Boulevard will be improved from a 2 -lane undivided rural collector roadway to a multi-lane divided section, north and south of OWR. A half mile section of Camp Keais Road will be improved from a 2 -lane rural arterial roadway to a 4 -lane divided section, north of OWR.. The improvements are divided into three segments to be constructed in two phases. the segments and their approximate limits are as follows: • Segment 2 -From Immokalee Road to a point 1,350 -ft east of Everglades Boulevard. • Segment 3 -From a point 1,350 -ft east of Everglades Boulevard to a point 1,310 -ft west of Oil Well Grade Road. • Segment 4 -From a point 1,310 -ft west of Oil Well Grade Road to a point 2,477 -ft east of Camp Keais Road.. The construction will be phased with Segments 2 and 4 beginning in late 2007, Segment 3 construction will begin in late 2009, and will commence after construction of Segments 2 and 4 is completed.. Segment 3 will overlap into Segment 2 and 4 because of the temporary connections between the existing 2 -lane roadway and the proposed 6-lane section.. All further reference in this report addresses the section of Oil Well Road beginning at the intersection of Immokalee Road to a point ending at 2,477 -ft east of Camp Keais Road.. Note some of the runoff from the proposed transitional areas where the proposed roadway widening improvements narrows to meet the existing 2 -lane existing roadway, will not be captured and treated because of the low elevations on the existing pavement, however, compensatory treatment will be provided to make up for these deficit areas. These areas occur at the north and south ends of Everglades BIvd., the south end of Desoto Blvd, the north end of Camp Kea is Road, and the east end of OWR. 4 Oil Koll Raa Drainage Report - Segments 2,3 and 4 April 2007 Agenda Item No. 10C May 8, 2007 Page 15 of 234 2.0 Existing Conditions the Oil Well Road improvements corridor and the surrounding areas, fall within the jurisdiction of the South Florida Water Management District (SFWMD), Big Cypress Basin, and Collier County.. Design of the Stoimwatei facilities for the proposed improvements will therefore be governed by the more shingent requirements of these agencies. Oil Well Road is generally flat and is traversed by the Golden Gate Main canal, and the Faka Union Canal, by an unnamed canal at the intersection of Oil Well Road with Camp Keais Road, and by the Shaggy Cypress Swamp and Camp Keais Strand wetlands. The area is populated by schools, residential subdivisions, suburban home sites, and farm land. The storm water runoff from the developed sites (schools and subdivisions) is collected and treated in permitted ponds or lakes. The storm water, runoff from the roadway is collected in ruadside ditches and conveyed to the nearest canal of wetland crossing. No treatment or attenuation is provided for the roadway discharge under the existing conditions. Wetland impacts have been field staked and surveyed. The existing 2 -lane bridge structures over the Golden Gate Main canal, the Faka Union Carnal, and the Camp Keais Strand (hereafter referred to as the "Strand "), are 24ane flat slab concrete bridges„ The Golden Gate Main Canal bridge will be replaced with a 4-lane bridge, and the Faka Union Canal and Strand will be replaced by 6 -lane bridges. Existing cross drains will be. replaced or extended with structures that are the same sue or, in the case of the Strand, larger.. Drainage Report — segments � O N � N O O C Z wco T� m m m d c m Q G oor�i N O a T� ccm m CU G 01 m m a a c m G C NfSN3N dwdo , ': rF ' BEd 1 QW YIF , s rF ' BEd 1 QW YIF 7 N �2 LL 0 LLy � V d s i 4 i i E e e � i Z p p g F fi t- NNp2N iiC C a 1 1 W t Yv $. 3 7 N �2 LL 0 LLy � V d Agenda Item No. 10C May 8, 2007 Page 18 of 234 3.0 Flood Plain The Federal Emergency Management Agency (FEMA) has developed new Flood Insurance Fate Maps (FIRM) for the area. Oil Well Road is completely in Zone D- Undetermined. This information was obtained from the Collier County web site There are no flood plain impacts for this project. The Improvements to the Strand conveyance has the overall effect of improving the flood plain impacts to the area. Drainage Report - Segments Agenda Item No. 10C May 8, 2007 Page 19 of 234 4.0 Soil Conditions The predominant soil type throughout the roadway corridor and surrounding area is Bassinger Fine Sand belonging to the B/D soils group, which is poorly drained with an estimated seasonal high ground water elevation of 0 to 10 foot below the surface. The runoff curve number (CN) used for the pervious areas is 89. A detailed Report of Pond Site Borings is included. Drainage Report -Segments 2, 3 and 4 April 2007 U 0 0 Z E m m c d Q 10 V) Q i 1 to z ca Y. C N u x x t� O N r !l i f '� �}• dry. s €I , v�. _ � �x.z� % � ,, n i u n. Ml— t m O ( Y � x x r e=; - � a t"5 a h r 5 A t ,yp t � 3 'i U Collier County Soil Legend Revisinl Jan.. 1990 - F,, Yamatnki H1'Dk(C H 2 HOLOPAW FS, LIMESTONE SUBSTRATUUM Agenda Item No. 10C May 8, 2007 Page 22 of X34 H 3 MALABARF'S H 4 CHOBEE, LIMESTONE SUBSTRAIUiM and DANIA MUCKS, DEPRESSIONAL H 6 RIVIERA, I.1:STONE SUBSTRATUM - COPELAND FS 7 IMMOKALEE FS 8 MYAKKA FS 10 OLDSMAR FS, LIIv1ESTONE SUBSTRATU \1 11 1IALLANDALE FS H 14 PTNEDA FS, LIMES71ONESUBSTRATUM 15 POMELLO FS 16 OLDSMAR FS H 17 BASINGER FS H 18 RIVIERA FS, LIMESTONE SUBSTRATUM 20 FT DRUM mid MALABAR VIGIL FS 21 BOCA FS H 22 CHOBEE, WINDL-R and GATOR SOILS, DEPRESSIONAL H 23 HOLOPAW and OKEELANT'A SOILS, DEPRESSIONAL. H 25 BOCA, RIVIERA, LIMESTONE SUBSTRATUM and COPEL.AND FS, DEPRESSIONAL. H 27 HOLOPAW FS H 28 PINEDA and RIVIERA :=S 29 WABASSOFS H 31 HILOLO, LIMESTONE SUBSTRATUM, IUPTTER and MARGAI I; SOILS 32 URBAN LAND 33 URBAN LAND - HOC OPAW, BASINGER COMPLEX 34 URBAN LAND - I M MOKALEF, OLDSMAR, LIMFS70NE SUBS TKATUM COMPLEX 35 URBAN LAND- AQUFNTS COMPLEX, ORGANIC: SUBSTRATUM 36 UDORINENTS, SHAPED 37 TUSCAWILLA FS 38 URBAN LAND - MATI.ACHA, LIMESTONE SUBSTRATUM, BOCA CODAPLEX 39 SATELLITE FS 11 40 DURBIN and WULFER -I MUCKS 41 URBAN LAND- SATFI LITE COMPLEX 42 CANAVERAL BEACHES ASSOCIATION H 43 WINDER, RIVIERA, LIMESTONE SUBSTRATUM and CHOBEE SOILS, DEPRESSIONAL 45 PAOLA FS (l % - 8 % slopes) H 48 PL•NNSUCCO SOIL (mar] prairie) 11 49 HALLANDALE and BOCA FS (slough) 11 50 OCHOPEE FSL, PRAIRIE (marl) H 51 OCHOPEE FSL H 52 KESSON MUCK, FREQUENTLY FLOODED FI 53 ESTERO and PECKISH SOILS, FREQUENTLY FLOODED H 54 JUPITER, BOCA COMPLEX H 56 BASINGER FS, OCCASIONALLY FLOODED Figure 4 C:c1.lisr C011-11ty Collier County Soil Legend (Z Oil ID'ell Raul (CR 353) Widening Project Agenda Item No. 10C May 8, 2007 Page 23 of 234 5.0 Segment and Basin Descriptions SEGMENI 2 Segment 2 begins at the intersection of Immokalee Road at Station 10 +59, and ends 2,800 feet east of Everglades Boulevard at Station 276 +55, a distance of approximately 3.33 -miles (17,596-ft). This segment is divided into four basins. A fifth basin, Basin 10 on the very west end of this project, is permitted as a part of the Immokalee Road improvements, The adjacent areas along the targeted roadway improvement corridor are populated mostly by farmlands throughout with some residential areas towards the west. There are also the Corkscrew Elementaxy school, and the Palmetto Ridge High School sites located towards the west, each on about 25 acres of land. The four basins are described in the following: BASIN 100 Basin 100 extends from Station 12 +65 to Station 83 +00 along UWR, a distance of approximately 7,035 -ft. Runoff from the basin is collected in storm sewer pipes and carried north to the Orange Blossom Ranch (OBR) subdivision lake system. Modification of the Orange Iree water management facilities permitis underway by others. BASIN 10tH) Basin 1000 extends from Station 83 +00 to Station 209 +00 along OWR.. There is a station equation within this basin at which point Station 174+1261 equals Station 84+12.75. The approximate length of Basin 1000 is 3,600 -ft. As per an agreement between Collier County and the owners of the OBR subdivision, runoff from Basin 1000 will be collected in storm sewer pipes, and discharged directly into the OBR storm water facilities, where it will be treated and attenuated. The storm water resource permit for OBR includes OWR Basin 1000.. BASIN 200 Basin 200 extends from Station 209 +00 to 263 +03 along OWR, for a distance of approximately 5,403 -ft. Runoff from this basin will be collected in storm sewer pipes and carved to Pond 200, which will be a wet bottom pond located left of Station 246 +00. The discharge from Pond 200 will be piped to the Golden Gate Canal. iCK"Q% rrit Basin 300 extends from Station 891 +36 to Station 942 +90 on Everglades Boulevard, for a distance of approximately 5,154 -ft. Storm sewer pipes collect and transport the runoff from the roadway to Pond 300, which will be a wet bottom pond located in the northeast quadrant of the intersection of Oil Well Road and Everglades Boulevard., Pond 300 provides water quality treatment and attenuation for the runoff from Basin 300, and discharges to the Faka Union Canal. Some of the runoff from the transitional areas where the proposed roadway widening improvements narrows to match the existing 2 -lanes at each end of Drainage Report - Segments 2, Agenda Item No. 10C May 8, 2007 Page 24 of 234 Everglades Boulevard, will not be captured and treated due to the Iow elevation of the existing pavement; however, compensatory treatment will be provided in Pond 300. BASIN 300A Basin 300A is divided between Segments 2 and 3. the basin extends from Station 263 +03 to Station 284 +00 along OWR in Segment 2, and from Station 284 +00 to Station 289 +00 in Segment 3, a total distance of 2,597 -ft. Runoff from Basin 300A will be collected in storm sewer pipes and carried to Pond 300. Water quality treatment and attenuation of the runoff from Basin 300A will also be provided in Pond 300.. Some of the runoff from the transitional area between Segments 2 and 3, where the proposed roadway widening improvements narrows to match the existing 24ane roadway, will not be captured and treated because of the low elevation of the existing pavement; however, compensatory treatment will be provided in Pond 300 SEGMENT 3 Segment 3 begins 1,347 feet east of Everglades Boulevard at Station 276 +50 and ends 1,500 feet west of Oil Well Grade Road at Station 455 +00, a distance of approximately 3.,38 miles. This segment is divided into seven basins (300A through 900). Pond 300 will be constructed as a part of Segment 2 and Pond 900 will be constructed as a part of Segment 4. Both of these ponds will be constructed before Segment 3 construction begins. All ponds in Segment 3 will be sized to provide water quality treatment and attenuation of the runoff from each basin area, including portions of Segments 2 and 4 as related to Ponds 300 and 900. The adjacent areas along the targeted roadway improvement corridor are composed mostly by farmlands throughout with some residential development towards the west. A double 7 -ft horizontal by 4-ft vertical concrete box culvert (DBL 7'x 4' CBC) at Station 439+85 connects to the Shaggy Cypress Swamp on each side. Each basin is described as follows: BASIN 3DOA Basin 300A is divided between Segments 2 and 3. The major part of the basin will be constructed in Segment 2. Basin 300A extends from Station 284+50 to Station 289 +00 along OWR in Segment 3, for a distance of approximately 450 -ft. Runoff from this section of Basin 300A will be collected in storm sewer pipes and connected to the existing storm sewer system constructed in Segment 2, where it will be carried to Pond 300. Water quality treatment and attenuation of the runoff from Basin 300A will also be provided in Pond 300.. BASIN 400 Basin 400 extends from Station 289 +00 to Station 314 +70 along OWR, for a distance of approximately 2,570 -ft. Runoff will be collected in storm sewer pipes and carried to Pond 400, which will be a wet bottom pond located left of Station 290+00. The normal water level in the pond was determined from biological indicators in the vicinity of the pond. The pond will discharge to a trunk fine which will be constructed during Segment 2 to carry the overflow from Pond 300 to the Fake Union Canal. The tailwater elevations for the pond comes from the Draft Report for Task 3 (Development and Analysis of Alternatives) for the Hydrologic- Hydraulic and Environmental Assessment of the Camp Keais Flow way project 14 Oil Well Road Drainage Report - Segments 2, 3 and 4 April 2007 Agenda Item No. 10C May 8, 2007 Page 25 of 234 prepared by HydroGeoLogic, Inc., for the South Florida Water Management District, The report was copied on February 8, 2006. That report will be referred to as the "Draft Report".. The worst case high water elevation in the Faka Union Canal for the three scenarios was used for the pond design. BASIN 500 Basin 500 extends from Station 314 +70 to Station 349 +00 along OWR, for a distance of approximately 3,430 -ft. Runoff will be collected in storm sewer pipes and carried to Pond 500, which will be a wet bottom pond located Ieft of Station 335 +00. The normal water level in the pond was determined from biological indicators in the vicinity of the pond. The pond will discharge to a trunk line that also carries the overflow discharge from Pond 600 to the Faka Union Canal. The tailwater for the model that includes both ponds 500 and 600 came from the worst case high water elevation in the Faka Union Canal in the Draft Report BASIN 600 Basin 600 extends from Station 349 +00 to Station 370 +50 on OWR, and from Station 19 +34,51 to Station 30 +00 on Desoto Boulevard, a collective distance of approximately 3,215 - ft. Runoff from this basin will be collected in storm sewer pipes and carried to Pond 600, which will be a wet bottom pond located in the southeast quadrant of the intersection of Oil well Road and Desoto Boulevard, The normal water level in the pond was determined from biological indicators in the vicinity of the pond. Pond 600 will discharge to a trunk line that also carries the overflow discharge from Pond 500 to the Faka Union Canal. The tailwatex for the model that includes both ponds 500 and 600 came from the worst case high water elevation in the Faka Union Canal in the Draft Report, BASIN 700 Basin 700 extends from Station 370 +50 to Station 402 +00 along OWR, for a distance of approximately 3,150 -ft. Runoff from this basin will be collected in storm sewer pipes and carried to Pond 700, which is located left from Station 371 +00 to Station 390 +00. Pond 700 will discharge into a trunk line which will connect to a DBL CBC cross drain accessing the Shaggy Cypress Swamp at Station 439+85 The pond bottom elevation was determined from the seasonal high water elevation found by evaluating the biological indicators in the Shaggy Cypress Swamp wetland. Since the seasonal high water in the wetIand is higher than the existing ground elevation at the pond site due to agricultural pumping, the pond bottom will be raised, and a dry bottom pond will be used. BASIN 800 Basin 800 extends from Station 402+00 to Station 438+00 along OWR for a distance of 3,600 -ft. Runoff from the basin will be collected in storm sewer pipes and carried to Pond 800, which is located left of Station 423 +00. The pond will discharge into the same trunk line as Pond 700, and into the Shaggy Cypress Swamp wetland. Pond 800 will be a dry bottom pond like Pond 700, and for the same reasons.. BASIN 900 Basin 900 is divided between Segments 3, and 4. The basin extends from Station 438 +00 to Station 455 +00 along OWR in Segment 3, and from Station 455 +00 to Station 503 +25 in Segment 4, for a total distance of approximately 6,525 -ft. Runoff will be collected in storm Drainage Report — Segments 2, Agenda Item No. 10C May 8, 2007 Page 26 of 234 sewer pipes and carried to Pond 900, which will be constructed in Segment 4. SEGMENT 4 Segment 4 begins 2,615 -ft west of Oil Well Grade Road at Station 441+94.90, and ends 2,475 - ft east of Camp Keais Road at Station 712 +05.50, and includes the transitional areas on the east and west ends where the proposed roadway widening improvements narrows to match the existing 2 -Iane roadway. Segment 4 also includes improvements along Camp Keais Road from Oil Well Road north to Station 77 +40.93, a total distance of approximately 5.64 miles (29,752 -ft) This segment is divided into four basins as follows: Basin 900, Basin 1100, Basin 1200, and Basin 1400. A new bridge, and a new cross drain connecting the Strand wetland will be constructed in Segment 4. A cross drain will also be extended under Oil Well Road at the intersection of Camp Keais Road, which will connect a canal that collects runoff from permitted agricultural operations in the northeast quadrant of that intersection, and which flows to the south.. BASIN 900 Basin 900 is divided between Segments 3, and 4. The basin extends from Station 438 +00 to Station 455 +00 along OWR in Segment 3, and from Station 455 +00 to Station 503 +25 in Segment 4, for a total distance of approximately 6,525 -ft. Runoff will be collected in storm sewer pipes and carried to Pond 900, which will be constructed in Segment 4, Pond 900 is located in the northwest quadrant of the intersection of OWR and Oil Well Grade Road, and will discharge into a DBL 12' X 6' CBC cross drain accessing the Strand wetland at Station 479 +40. The pond bottom elevation was determined from the seasonal high water elevation found by evaluating the biological indicators in the Strand wetland. Since the seasonal high water in the wetland is higher than the existing ground elevation at the pond site due to agricultural pumping, the pond bottom will be raised, and a dry bottom pond will be used. The tailwater elevation used for the Pond 900 model came from the worst case high water elevation in the Draft Report for the Strand Wetland. Some of the runoff from the proposed transition from six-Janes to two-lanes will not be captured and treated due to the existing low elevation of the pavement; however compensatory treatment will be provided in Pond 900. BASIN 1100 Basin 1100 extends from Station 503 +25 to Station 687 +27.54 on Oil Well Road, for a distance of approximately 1SA03 -ft. The basin discharges into the Ave Maria canal at various locations. The Ave Maria permit modification includes the treatment and attenuation of the runoff from OWR, and also from Camp Keais Road. Calculations are included with this report demonstrating that the Ave Maria permit has accounted for more than the actual area of this basin's contribution. (See Appendix -D for Ave Maria permit information) 26 Oil Well Ro Drainage Report - Segments 2, 3 and 4 April 2007 Agenda Item No. 10C May 8, 2007 Page 27 of 234 BASIN 1200 Basin 1200 extends from Station 687 +2754 to Station 712 +055 on Oil Well Road, for a distance of approximately 2,478 -ft. Runoff will be collected in storm sewer pipes and carried to Pond 1200, which is an existing borrow pit located approximately 500 feet south of OWR. The normal water level in the borrow pit, as determined by biological indicators, was used to set the control elevation in the pond. The pond will discharge west to the canal located right of Station 696+40. Some of the runoff from the proposed transition from six-lanes to two-lanes on Oil Well Road will not be captured and treated due to the existing low elevation of the pavement, however, compensatory treatment will be provided in Pond 1200. BASIN 1400 Basin 1400 extends from Station 681 +00 to Station 687 +27,54 on Oil Well Road, and from Oil Well Road north to Station 69 +50 on Camp Keais Road, for a total distance of approximately 3,366 -ft The basin also discharges into the Ave Maria canal. the Ave Maria permit application includes the treatment and attenuation of the runoff from OWR, and also from Camp Keais Road. Calculations are included with this report demonstrating that the Ave Maria permit has accounted for more than the actual area of this basins contribution, Some of the runoff from the proposed transitional area from the proposed widening improvements to the existing 2 -lanes on Camp Keais Road will not be captured and treated due to the Iow elevation of the existing pavement. (See Appendix-D for Ave Maria permit information) 17 Oil Well Road Drainage Report - Segments 2, 3 and 4 Apri12007 p O � � O N - r z �OJ �C m OJ m a m m a 0 -HI I V38V O31Y3wwn — "T 1 d LL- CD n cQ L z Q m III Q z m 0 Z ui , fu Q Q� < !L D cc uvu0 J7 �v awn O---[ — 10Z1 NIStlS 6-MI[ tl3HY 0025 ONO 031tl3H1 Nfl OVOB d wn Ib3N 016-[1 v3M -y� O31Y3HLN! O0£, N13ei C 0 0061 NIStlB 6 y Oi 4 m tm7 1 z a �W WNBL Yl6 c MM9lE ve5 ONIB 30tl1083A3 00C N1968 _ 6 P6 Z 6 Z� J 2 "T 1 d LL- CD n cQ L z Q m III Q z m 0 Z ui , fu Q Q� < !L D cc uvu0 J7 �v awn oom C14 0 r c m (D cu 0 a co , vas m M � A O x k ro eee � m a a � o m m m N N D B Z W W N Qo ¢ ti m � 3 va B J m Z m a N mw am m� s ON60i tlls O � o m m N Z W Qo m m � 3 va J m D a mw am m� s N D= w ¢w 1 F- z LLJ z CD W Y) LO LL O N CL cE L z H U) Q m W CD Q z' H <(}E� L1. O Od0U 33-IdJiOWWI I I =iGUf�F —5 + i DRAINAGE MAP O N � N w O O Z°JO m a c m Q L'.J WE LE 0 OL Q 57 z Q m CD Q z Q 0 )GU F-- z LJf-� ./- -"./i \l /\G1 =- M,�r- z 0 D H z D M M M D H z D cn 17 Agenda Item No. 10C May 3, 2007 Page 31 of 234 Z y Agenda Item No. 10C May 8, 2007 Page 32 of 234 6.0 Drainage Design Criteria 61 SIORMWATERMANAGEMEN2 a) Water Quality • Wet Detention - Compute lesser of 25 inches from new impervious or 1 inch over all. Use BMP for discharge into wetlands. Dry Detention - Treat 25% less than wet requirement, except Collier County requires 1 inch minimum. b) Water Quantity. Routed post discharge to not exceed 0.15 CFS per ace for the 25 -year 3 -day event for joint use ponds. Ponds that treat and attenuate roadway runoff only shall discharge no more than the pre - development rate of discharge. The rainfall is to be determined from the SFWMD Basis of Review. The amount may be different over the length of this project. The amount may be determined by multiplying the one day amount by 1.359 or by using the three day amount. C) Construction and Maintenance -Wet Bottom Ponds • Maintenance Berm. Ponds shall be designed to provide a minimum 20 feet of horizontal clearance between the top edge of the normal pool elevation and the right-of-way line. Berm width shall be 20 feet with the water side 15 feet at 1:8, or flatter.. • The maximum slope from berm to control elevation shall be 1:4, per Collier County. • The berm area shall be sodded • Corners. Radius of 25 feet or larger for inside edge of maintenance berm. • Littoral zones shall be provided for 20 feet horizontally inside control water level, sloped at 1:20, per Collier County. • Freeboard. To compensate for grading irregularities, l foot of freeboard is required above the maximum design stage. Less freeboard is acceptable when a permanent containment feature such as concrete is provided. • Fencing. Ponds having side slopes steeper than 1:4 shall be provided with a six foot chain link fence to prevent authorized entry. A twenty foot wide gate shall be provided • Pond minimum width shall provide 100 feet of open water. Length to width ratio should be 2.1. No short circuiting 'That portion of the pond with narrower width may not be used to determine treatment volume, but may be used for attenuation. • Minimum water surface area of 0.5 acre. Drainage Report - SCVtents Agenda Item No. 10C May 8, 2007 Page 33 of 234 • Construction and Maintenance -Dry Bottom Ponds • Pond bottom at least one foot above ESHW. d) Outfall Structure: • Bleed down a maximum of rh inch of detention volume within 24 hrs • Bleed down devices incorporating dimensions smaller than 6 square inches of cross sectional area, two inches minimum dimension, and 20 degrees for "Y" notches. • Bleed down structure invert elevation at of above the post - development normal ground water elevation 6.2 CROSS DRAINS a) Design Frequency - High Use - Projected 20 Yr ADT > 1500 50 year • Headwater for design frequency conditions shall be kept at or below the travel lanes. • The highest tail water elevation, which can be reasonably expected to occur coincident with the design storm event, shall be used. b) Minimum Pipe Size Cross Drain Side Drain c) Manning's Roughness Coefficient Concrete Box Culvert Concrete Pipe Metal Pipe and Pipe Arch (Not Spiral Rip) 12" - 24" 30" - 54" 60" and larger Metal Pipe and Pipe Arch - Spiral Rib Fabrication 18" 18" n = 0.012 n = 0.012 n - 0.020 n = 0.022 n = 0.024 n - 0.012 d) End treatment shall be selected to satisfy hydraulic capacity, structural capacity, and safety requirements. e) Type and location of end treatment shall comply with roadside safety and clear zone requirements.. 23 Drainage Report - Segments 2,3 and 4 April 2007 Agenda Item No. 10C May 8, 2007 Page 34 of 234 6.3 OPEN CHANNELS a) Design Frequency • Roadside Ditches 10 -year • Outfall Bitches 25 -year • Canals 25 -year • Temporary Roadside and Median Ditches 2 -year • Iemporary Outfalls and Canals 5 -year b) Runoff Methodology: Rational Method for drainage areas up to 600 acres • Hydraulic Analysis • Manning's Equation for evaluating uniform flow conditions in open channels. • Manning's Roughness Coefficient Seed and Mulch or Sod n — 0,06• *Decrease for depth> 07 depth, max flow depth 1.5' for roadside swales n = 0.042 c) Construction and Maintenance • Side Slopes and Bottom Width > Front Slope > Ditch Bottom • Back Slope d) Minimum Slope and Elevations 1:4 5 feet or 2 feet greater than culvert • For ditches where positive flow conditions are required, a minimum physical slope of 0 0005 ft /ft shall be used.. • The minimum ditch bottom elevation is one (1) foot above the estimated seasonal high groundwater elevation, were possible e) Protective Treatment • Maximum velocities for the various forms of channel lining shall be in accordance with Section 24.3, Channel Linings and Velocity, FDOT Drainage Manual, dated January 2004.. • Design velocity should not exceed 4 fps.. 1:4 24 Oil V c Rmd Drainage Report - Segments 2, 3 and 4 April 2007 6.4 STORM DRAINS a) Design Frequency b) General Design c) Hydrologic Analysis • Minimum Tc • Rainfall Intensity Duration Curve • Runoff Coefficients Y Impervious Area Y Pervious Area d) Hydraulic Analysis • Manning's Roughness Coefficient Y Concrete Pipe Y Metal Pipe and Pipe Arch (Not Spiral Rip) 12" - 24" 30" - 54" 60" and larger Metal Pipe and Pipe Arch - Spiral Rip Fabrication e) Pipe SIope Agenda Item No. 10C May 8, 2007 Page 35 of 234 10 -year Rational Method 10 Minutes Zone 8 C = 0.45 C = 0.20 Manning's Equation n = 0..012 n = 0.020 n = 0.022 n = 0..024 n m 0 012 • The minimum desirable physical slope should be that which produces a velocity of 2.5 feet per second when the storm drain is flowing full. • The maximum physical slopo should be approximately 10 to 15 percent, depending on pipe size. f) Hydraulic Gradient • When the outlet velocity for the design storm discharge exceeds 6 feet per second, the need for special channel lining and /or energy dissipation shall be considered for protection against undesirable scour. • The maximum hydraulic gradient should be that which produces a velocity of approximately 15 to 20 feet per second. • When hydraulic calculations do not consider minor energy Insses, the elevation of the hydraulic gradient for design flood conditions should beat least 1.0' below the theoretical gutter elevation. • If all minor energy losses (friction, entrance, exit, expansion, contraction, bend and junction losses) are calculated, the hydraulic gradient shall not exceed the theoretical gutter elevation. g) Design Tail water 25 Oil Well Road Drainage Report — Segments 2, 3 anf April 2007 Agenda Item No. f OC May 8, 2007 Page 36 of 234 • The elevation of the hydraulic gradient at the outlet of the storm drain system shall be the higher of the crown of the pipe or the downstream condition. h) Pipe Size and Length • Minimum pipe size for trunk lines and laterals is 18 inches. • Maximum pipe lengths recommended without access structures 18" pipe 24" to 36" pipe 42" and larger and all box culverts t) Minimum Clearance 300 feet 400 feet 500 feet • the minimum clearance between the outside crown of a pipe and the gutter elevation at the inlet shall be in accordance with standard index drawing requirements for the specified inlet. • There should be a minimum of one foot between the bottom of the base and the outside crown of the storm drain, with 15 to 18 inches preferred, in accordance with Index 205, Roadway and Traffic Design Standards j) Utility Conflicts • For utility conflicts, the recommended minimum design clearance between the outside of the pipe and the outside of the conflict should be 0.5 feet if the utility has been accurately located. If the utility conflict has been approximately located, the minimum design clearance should be 1.0 foot. • Storm drain lines shall be located to not disturb existing utilities to the extent practical, • When a sanitary Iine or other utility must pass through a manhole, minimum clearances in accordance with Index 201, Roadway and Traffic Design Standards, shall be provided 65 INLET AND PAVEMENT HYDRAULICS a) Desflyn Frequency • The design storm frequency for pavement hydraulics should be consistent with the frequency selected for other components of the drainage system. b) Spread Standards- Roadway and Bridge • For sections with design speeds greater than 45 mph, and for sections having full width shoulders 6 feet or greater, spread resulting from rainfall intensity of 4 0 inches per hour shall not encroach on the travel lanes. Use runoff coefficients of 0.95 for impervious and 0.2 for pervious.. Pavement and curb and gutter Manning n = 0 016, 26 Oil Well Road Drainage Report —Segments 2,3 =d4 April 2007 Agenda Item No. 10C May 8, 2007 Page 37 of 234 • For typical sections without any of the above conditions, the spread resulting from a rainfall intensity of 4.0 inches per hour shall not exceed one -half of the travel Iane adjacent to the gutter plus the bicycle lane,. Spread shall be calculated using a Manning's "n' of 0. 016 for all combinations of asphalt paving, bridge deck, curb, curb and gutter, and shoulder gutter e) Curb and Gutter Inlet Spacing • The location and spacing of inlets should be based on inlet capacity and width of spread calculations. • Inlets shall be placed at all low points in the gutter grade and as appropriate at intersections, median breaks, and on side streets where drainage would adversely flow onto the roadway pavement. • For curb inlets on continuous grade, a maximum of 300 feet shall be used unless spread calculations indicate greater spacing is acceptable. • Curb inlets shall be placed at the critical section prior to the level section in super elevation transitions to avoid concentrated flows across the pavement. • Bypass should not exceed 25 percent for intermediate inlets, • The terminal inlet must be assured of intercepting 100 percent of the flow coming to it, including bypass from intermediate inlets.. • Inlets shall be placed upstream of pedestrian crosswalks and curb returns and placed outside of driveway turnouts.. • Back of sidewalk inlets should be located where concentrated flows drain toward the road and where the proposed sidewalk would block overland flow. d) Hydroplaning - No criteria exists for hydroplaning and no computations will be made, 6.6 OPTIONAL CULVERT MATERIALS • Analysis shall be in accordance with Chapter 6, FDOT Drainage Manual, dated January 2005 a) Design Service Life Storm Drains - Urban 100 years Cross Drains - Urban 50 years Side Drains 25 years 27 Oil KrM Road Drainage Report — Segments 2,3 and 4 Aprit 2007 Agenda Item No. 10C May 8, 2007 Page 38 of 234 6.7 POND RECOVERY a) Pond recovery shall be achieved by use of a bleed down device b) Device shall be of a "V" or circular shaped configuration c) Maximuut discharge of one half inch of the detention volume in 24 hours d) Device shall be no less than 6 square inches in cross sectional area e) Minimum 2 inches on any dimension 1) Minimum 20 degrees for "V" notches The bleed down device was included in the weir system modeled in the ICPR Analysis for each applicable basin. The "Node -Time Series Report" for the pond was generated which would demonstrate the stage -time relationship of the system based on the weir configuration. Ihis report was used to determine the time that the pond stage returned to the weir crest (top of treatment) elevation and the corresponding cumulative volume discharged. The cumulative volume discharged 24 hrs later was determined. The difference between these volumes is the recovery volume which is required to meet the above maximum discharge criteria described above. See Appendix A - Drainage Calculations for the Pollution Abatement Report and the 25 yr - 72 hr Node Time Series Report . Drainage Report — Segments Agenda Item No. 10C May S, 2007 Page 39 of 234 RESOLUTION NO. 2007- A RESOLUTION AUTHORIZING CONDEMNATION OF FEE SIMPLE AND /OR THOSE PERPETUAL OR TEMPORARY EASEMENT INTERESTS NECESSARY FOR THE CONSTRUCTION OF THE SIX LANING AND ASSOCIATED IMPROVEMENTS TO OIL WELL ROAD FROM IMMOKALEE ROAD TO CAMP KEAIS ROAD. (PROJECT NO. 60044). WHEREAS, the Board of County Commissioners (Board), on October 26, 2004, adopted Ordinance No. 2004 -71 therein establishing the Capital Improvement Element of the Growth Management Plan in order to establish priorities for the design, acquisition and construction of the various capital improvement projects; and WIIEREAS, the Transportation Element of the Comity's Comprehensive Plan was adopted in Ordinance No. 2004 -71; and WHEREAS, the widening of Oil Well Road form Immokalee Road to Camp Keais Road (Project No. 60044) is one of the capital improvement projects required under the Transportation Element of the County's Comprehensive Plan; and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives, various impacts upon the environment, long range planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the expansion of Oil Well Road from lmniokalee Road to Camp Kews Road (hereinafter referred to as "the Project ") is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that construction of the Project is an integral part of the County's long range planning effort, and is included in the Transportation Element of the County's Comprehensive Plan for Growth Management, as approved by the Florida Department of Community Affairs. Agenda Item No. 10C May 8, 2007 Page 40 of 234 AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations for the Project, and the costs associated with the design, property rights acquisition, and construction of the project, as well as public safety and welfare considerations associated with the design and construction of the Project, and various impacts to the environment, and the Board finds that after consideration of these issues, the most feasible locations for construction of the proposed improvements is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that in order to construct the Project as designed, it is necessary for the Board to acquire various real property interests described in Exhibit "A " AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately acquire by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes. the above referenced real property interests more particularly described in Fxhibit "A," attached hereto and incorporated herein. AND IT 1S FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. This Resolution, adopted on this day of , 2007, after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLFRK OF COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency:, Heidi F. Ashton Assistant County Attorney M1 JAMES COLETTA, CHAIRMAN -Page 2- -- I LEGAL DESCRIPTION AND SKETCH Slope and Utility Easement Parcel No. 100 SUE (This is not a Field Survey) WATERWAYS HOMEOWNERS ASSOCIATION, INC. S 00'06'52" W Agenda Item No. 10C May 8, 2007 Pa g 1 of 234 EXHIBIT Page-j— Of S 00'06'52" W 35.00' 50.OW NOO'O6'S2 "E 35' LANDSCAPE BUFFER I EASEMENT (PER PLAT) SLOPE AND UTILITY EASEMENT z O N0. 100 SUE J (13,0551 SQUARE FEET) I o O O U r w z N DESCRIPTION °o p }a OD The South 35.0 feet of Tract "B "; OD Waterways of Naples, Unit Two, as I recorded in Plat Book 29, Pages I a o 71 -74, of the Public Records of Collier w County, Florida. Containing 13,055 n. = U square feet, more or less. LJ I I i W 0 Bearings are based on the south line Wo I [[ of Tract "B ", Waterways of Naples, Unit I w J Two being N 89'53'08" W, as shown on m °� 3 C� W the plat. m I - Vl j F n ea a K N J TRACT "B ", WATERWAYS OF O NAPLES, UNIT TWO I I 3 z P.B. 29, PAGES 71 -74 PERPETUAL, NON- EXCLUSNE SLOPE I P 0 Ate UTILITY EASEMEM m W Z so ° 50 N 00'06'52" E 35.00' SCALE 1" = 50' �I - N 00'06152" E N00'06'52 "E h I 50.00' N o �" WATERWAYS OF v '� NAPLES, UNIT ONE a P.B. = PLAT BOOK P.B. 27, PAGES 55 -56 P.O .C. = POINT OF COMMENCEMENT PB ; PLAT BOOK O.R. = OFFICIAL RECORDS R/W - RIGHT OF WAY SHEET 1 OF 1 LEpAl OESCRPrION AND SMOH PREPARED BY MCHB OWED, PA BTATE OF FLORIDA CE )FICNTE OF AU7HORR MON NP. LB %B9. OI,IENT: COWFA CO. /CM2MHILL. _ PROJECT: OIL WELL ROAD --- , i �� ' JEFFPEY M. LL- PROFESSIONAL SIIR/EYORANO MAPPER DATE; APRIL 14,2007 STATE OF FUJRIDA FIME MON JOENBE No. LE 6339 - 8241 ARC WAY FORT WERE, FLCWDA, 33812 PHONE: (239) 276 -8878 F. (236) 276-7028 FLORIDA aERnRraTE OFAUIHORRATION NO. L86366 v INIERNEf BETE HTIP'IM^MN.MCKIMCREm COM LEGAL DESCRIPTION AND SKETCH Slope and Utility Easement Parcel No. 101 SUE (This is not a Field Survey) PERPETUAL NON - EXCLUSIVE SLOPE AND UilUTlr EASEMENT DESCRIPTION Agenda Item No. 10C May 8, 2007 Paa 42 of 234 EXHIBIT Page !T Of A parcel of land lying in Section 14, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 14; thence N 87'48'27" E along the south line of the Southwest Quarter (SW 1/4) of said Section 14, said south line also being the existing center line of Oil Well Road (C.R. 858), for 1998.07 feet; thence leaving said south line N 02'1133" W for 50.00 feet to an intersection with the existing north right —of —way line of said Oil Well Road and the Point of Beginning, said point also being the southeast corner of Tract B (Drainage, Maintenance , & Access Easement) of Waterways of Naples Unit Two, as shown in Plat Book 29, Pages 71 -74, of the Public Records of Collier County, Florida; thence N 87'48'27" E along said north right —of —way line for 42.00 feet to the southwest corner of lands described in Official Records Book 1789, Page 962, of the said Public Records of Collier County, thence leaving said north right —of —way line N 02'11`33" W along the west line of said lands for 35.00 feet; thence leaving said west line 5 87'48'27" W for 42.00 feet to the east line of aforesaid Tract B of Waterways of Ncples Unit Two; thence S 02'11'33" E along said east line for 35.00 to the Point of Beginning. Containing 1,470 square feet, more or less. Basis of bearings based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 87'48'27" E for the south line of the Southwest Quarter (SW 1/4) of Section 14, Township 48 South, Range 27 East, Collier County, Florida. SHEET 1 OF 2 LEGAL DWORIPTION ANC SI4=TCH PREPARED BY Md IIOAIEFD, PA CLIENT: COLUFA 00.! aHEMHILL • • . STATE OF FLORIDA CERTFIOATE OFAUTHORPATON No. LB 6501. PROJECT. OIL WELL ROAD JEFFREY M. IL =FESSIONAL SURVEYOR AND MAPPER ,. ,•,,•,' tis . SrATE OF FLORIDA REGISTRATION 1-681612 No. LS MM DATE' APRIL 14, zaal 6241 ARC WAY * � r�� FORT 175 F FLORIDA, 33812 lt/r'i�jl�/Z(J PHONE OF 716-6676 AT NNj. Le 8585 FLORICACERu1M.. OF AUTHOR WIQMNo.LB6666 INnGRNET BRE:HRPJMAMN.MCgMCREm.COM J LEGAL DESCRIPTION AND SKETCH Slope and Utility Easement Parcel No. 101 SUE (This is not a Field Survey) EXHIBIT Pap .sL_ Of LU Agenda Item No. 10C y 8, 2007 Paqe 3 of 234 20 0 20 SCALE 1" a 20' N 07'49'27" E 1998.07' P.O.C. SW CORNER OF SECTION 14 -48 -27 B.O.S. STATION 10 +00.00 tOIL WELL RD. (C.R. 858) 1 SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 14 -48 -27 (EXISTING CENTER LINE OF OIL WELL ROAD) P.O.B. = POINT OF BEGINNING P.O.C. a POINT OF COMMENCEMENT P.B. = PLAT BOOK PG. PAGE O.R. = OFFICIAL RECORDS B.OS. - BEGINNING OF SURVEY m SHEET 2 OF 2 8241 MIDWAY CUENT' COLUERCO. /CH21VIHILL v 3 FORT MYE FORT . 33012 -Onu& M12 3 J.�I�j����(,� �„��' ' �,J 4 TRACT ^� w In WATERWAYS n 1789 WATERWAYS OF NAPLES F o HOMEOWNERS r 2 UNIT TWO, P.B. 29 PG. 71 -74 w N ASSOCIATION, INC. No z o 7 z z rn w 42.00' S 87'48'27" W i �'�[T LRIGHF 35.0' LANDSCAPE w BUFFER I EASEMENT � SLOPE AND (PER PLAT) I o -ter UTILIT`! EASEMENTII ,� :- NO. 101 SUE T - I N1 0 (1470± SQUARE FEET) 15.0' UTILITY I EASEMENT N I (PER PLAT) Y LINE RIGHT -OF -WAY LINE N 87,48,27" E 42.00' P.O.B. PERPETUAL, NoN- ExcLUSNE SLOPE AND UTILITY EASEMEM o m N o 0 + N O 7 I N O Z Z 42.00' 1 N 87'48'27" E__ SURVEY BASE LINE r. A N 07'49'27" E 1998.07' P.O.C. SW CORNER OF SECTION 14 -48 -27 B.O.S. STATION 10 +00.00 tOIL WELL RD. (C.R. 858) 1 SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 14 -48 -27 (EXISTING CENTER LINE OF OIL WELL ROAD) P.O.B. = POINT OF BEGINNING P.O.C. a POINT OF COMMENCEMENT P.B. = PLAT BOOK PG. PAGE O.R. = OFFICIAL RECORDS B.OS. - BEGINNING OF SURVEY SHEET 2 OF 2 8241 MIDWAY CUENT' COLUERCO. /CH21VIHILL 1\ /CBiIT* A L��i11iL�G�ii FORT MYE FORT . 33012 -Onu& M12 J.�I�j����(,� �„��' ' �,J 4 PIIDNE (23fn 75F.(239)275-70U PROJECT: OIL WFLL ROAD FLORIMC9lDFlCATE OF AUDiCRI2ATION No. LB BBBB INIERNEEBILE: HTfP:MAMW.MCgMORF�D,ODM OATS: APRIL 14,2007 LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 102 FEE (This is not a Field Survey) FEE Sump.(_ MEREST DESCRIPTION Agenda Item No. 10C ay 8, 2007 Pa 44 of 234 page-4L EXHIBI� A parcel of land lying in Section 14, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 14; thence N 87'4827" E along the south line of the Southwest Quarter (SW 1/4) of said Section 14, said south line also being the existing center line of Oil Well Road (C.R. 858), for 2040.07 feet; thence leaving said south line N 02'1133" W for 50.00 feet to an intersection with the existing north right —of —way line of said Oil Well Road (C.R. 858) and to the southwest corner of lands described in Official Records Book 1789, Page 962, of the Public Records of Collier County, Florida; thence N 87'48'27" E along said north right —of —way line for 679.93 feet to the Point of Beginning; thence continue along said north right —of —way line N 87'48`27" E for 1070.04 feet to the southeast corner of said lands; thence leaving said north right —of —way line N 02'11'33" W along the east line of said lands for 42.86 feet: thence leaving said east line for the following eight (8) courses; N 46'19'59" W, 10.76 feet; S 87'48'27' W, 66.52 feet; S 43'0030" W, 56.72 feet; S 8748127" W. 208.12 feet; N 78'41'48" W, 51.42 feet; S 87'48'27' W. 77.88 feet; S 86'48'27 "'W, 598.25 feet; S 58'23'12" W. 24.78 feet to the Point of Beginning. Containing 20,280 square feet (0.466 acres), more or less. Basis of bearings based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 87'48527" E for the south line of the Southwest Quarter (SW 1/4) of Section 14, Township 48 South, Range 27 East, Collier County, Florida. SHEET 1 OF 2 LEa4l. DEBCRIPTIONAND eI� PREPARED 9YMe1@.1p,QREED, PA CIJENr: COLLIER CO. /OH2M11LL STATEOF FLORIDA DEBT TEOFAUTHORRATION No. -ame9. �I n / PROJECT: OIL WELL ROAD JEFFREY -RSCii 910NAL 9URVEYORAND MAPPER DATE: APRIL 14, 2pOT STATE OF 0.0RIpq flK11STRATION LICEN8E No. LE 8399I�. �� /�' j�j/�'�� 8241 ARC WAY ©J N1zK✓f,Vl('Y `,.jam" Jf PHONE: (239) Z &B!1Te5F. 128 �RIDA, 38912 V5 -7029 Y RORDA CER OAlE OFA ORPMON No. a9 MOB INIBWET am, FirIPYANWWJ.WKIMOREED.COM O.R. BOOK 2229 ORANGETREE N 4619'59" W PAGE 1049 ASSOCIATES 10.76' - -. N 02'11'33' W PAGE 962 EAST LINE O.R. BOOK 1789, S 87'48'27" W 66.52' DISTRICT SCHOOL BOARD OF COLLIER COUNTY O.R. BOOK 1789 PAGE 962 D.R. BOOK 1590 PAGE 2250 FEE SIMPLE INTEREST Agenda Item No. 10C 1 8, 2007 N 02"11'33" W Page 5 of 234 42.86' N021V33 "W 50.00' S 43'00'30" W RIGHT -OF -WAY LINE�� h1 WATERWAYS N o P.O.C. 56.72' 1 20,280-.t tzo CO N ^ I 00 FEET N z 0261 AAC WAY ,61 Ov I L T N CO 1 I FLORIDA CERTIFICATE OF AUTHORTIATON No. LB BSBB N � � N 78'41'48" W o Q 51.42' N :3 O t0 J S 87'48'27" W —, LU 77.88 I >j J T 0 102 FEE RIGHT -OF -WAY LINE�� h1 WATERWAYS N o P.O.C. 120 0 20,280-.t tzo CO SQUARE I GO FEET wN z 0261 AAC WAY ,61 L T PHONE:(P3O)T5487 F R39) 27610w I FLORIDA CERTIFICATE OF AUTHORTIATON No. LB BSBB INTERNET 3 � N :3 t0 N1 O � � I T LEGAL DESCRIPTION A ND SKETCH Fee Simple interest Parc el No. 102 FEE (This is not a Field Surve y) P.O.B. - POINT OF BEGINNING P.D.C. - POINT OF COMMENCEMENT R - RADIUS C m ANGLE L - LENGTH Ch - CHORD CB - CHORD BEARING O.R. - OFFICIAL RECORDS B.O.S. - BEGINNING OF SURVEY S 58'23'12" W 24.78' WEST LINE O.R. BOOK 1789, PAGE 962 N 02'11'33" W P.O.B. --�" M N rn� m r� �W z EXHIBIT P"—�L NO2'11'33 "W 50.00' SOUTH LINE OF THE /SOUTHWEST QUARTER OF SECTION 14 -48 -27 OF OIL (EXISTING LINE WELL ROAD) RIGHT -OF -WAY LINE�� h1 WATERWAYS N o P.O.C. 120 0 ASSOCIATION, INC. tzo SCALE 1" - 120' P.O.B. - POINT OF BEGINNING P.D.C. - POINT OF COMMENCEMENT R - RADIUS C m ANGLE L - LENGTH Ch - CHORD CB - CHORD BEARING O.R. - OFFICIAL RECORDS B.O.S. - BEGINNING OF SURVEY S 58'23'12" W 24.78' WEST LINE O.R. BOOK 1789, PAGE 962 N 02'11'33" W P.O.B. --�" M N rn� m r� �W z EXHIBIT P"—�L NO2'11'33 "W 50.00' SOUTH LINE OF THE /SOUTHWEST QUARTER OF SECTION 14 -48 -27 OF OIL (EXISTING LINE WELL ROAD) RIGHT -OF -WAY LINE�� h1 WATERWAYS N o P.O.C. HOMEOWNERS NO2'1 1'33 "W a.a SW CORNER OF ASSOCIATION, INC. 50.00' m H SECTION 14 -48 -27 B.O.S. STATION 10 +00.00 SHEET 2 OF 2 0261 AAC WAY CUs' COWER C0JCH2MFdL PHONE:(P3O)T5487 F R39) 27610w PROJECT: OIL WELL FoAO FLORIDA CERTIFICATE OF AUTHORTIATON No. LB BSBB INTERNET DATE: APRIL 14.2007 LEGAL DESCRIPTION AND SKETCH Slope and Utility Easement Parcel No. 102 SUE1 (This is not a Field Survey) DESCRIPTION Agenda Item No. 10C "-- 8, 2007 Pape age14 6 of 234 EXHIBIT Page( ofd A parcel of land lying in Section 14, Township 48 South. Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 14; thence N 87"48'27" E along the south line of the Southwest Quarter (SW 1/4) of said Section 14, said south line also being the existing center line of Oil Well Road (C.R. 858), for 2040.07 feet; thence leaving said south line N 02'11"33" W for 50.00 feet to an intersection with the existing north right —of —way line of said Oil Well Road (C.R. 858) and to the southwest corner of lands described in Official Records Book 1789, Page 962, of the Public Records of Collier County, Florida; thence along said north right —of —way line N 87'48'27" E for 65.00 feet to the Point of Beginning; thence continue along said north right —of —way line N 8748127" E for 614.93 feet; thence leaving said north right —of —way line N 02'11'33" W for 15.00 feet; thence S 87'48'27" W for 614.93 feet; thence S 02'11'33" E for 15.00 feet to the Point of Beginning. Containing 9,224 square feet, more or less. Basis of bearings based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 87'48127" E for the south line of the Southwest Quarter (SW 1/4) of Section 14, Township 48 South, Range 27 East, Collier County, Florida. 50' Iw z i. NOT TO SCALE I J w 3 n 00 SLOPE AND C' m CC UTILITY EASEMENT NO. 102 SUET f �_ U (9,224± SQUARE FEET) O` Q O DISTRICT SCHOOL BOARD OF COLLIER COUNTY J W PERPETUAL, NON- EXCLUSIVE SLOPE LINE TABLE A&D 1 mn ny EASEMENT I 1 — N 87'48'27" E, 65.DO' P.O.B. J SOUTH LINE OF THE 2 — N 87'48'27" E, 614.93' O SOUTHWEST QUARTER 3 - N 02'11'33" W, 15.00' OF SECTION 14 -48 -27 4 - S 87'48'27" W, 614.93' (EXISTING CENTER LINE 5 — S 02'11'33" E, 15.00' 1 O OF 0112 WELL ROAD) WEST LINE O.R. BOOK 1789, PAGE 962 Q N 0271'33" W w WATERWAYS n o HOMEOWNERS oa ASSOCIATION, INC. N021133 "W v ° P.O.C. P-0 B. =POINT OF BEGINNING B 50.00' 50.00' SW CORNER OF SECTION 14 -48 -27 P.O.C. s POINT OF COMMENCEMENT O.R. - OFFICIAL RECORDS SHEET 1 OF 1 LEOAL OWCWFTION AND � REPAREO By MONIMBCREEO,PA STATE OF FLOPoDA CERTIFICATE OF ALTni ZATON No. LB eGee, CLIENT: COLLIER W. /CN2MMLL NA PROJECT. OIL WELL ROAD JEFFREY M. S - MOPESSI suRVEY w STATE OF FLORtOA REOISTRATICN LICENSE No. LS &ASS DATE A L 14, 2007 M41 ARC WAY FOR(MY .R.ORIDA39512 &M PRONE QW) V5-SS7S F. MM US -702S FLORIDA CERIFNATE OF A OPoZATION NO- LB 6605 v INBiNETSIiE: HiTFJM'WVJ.MCKIMCREED.COM LEGAL DESCRIPTION AND SKETCH Slope and Utility Easement Parcel No. 102 SUEZ (This is not a Field Survey) DESCRIPTION EXHIBIT 39e� ofd PERPERIAL, NON- EXCLLISNE SLOPE AND UnLnY EASEMENT Agenda Item No. 10C y 8, 2007 PaQ6147 of 234 A parcel of and lying in Section 14, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 14; thence N 87'48'27" E along the south line of the Southwest Quarter (SW 1/4) of said Section 14, said south line also being the existing center line of Oil Well Road (C.R. 858), for 2040.07 feet; thence leaving said south line N 0211'33" W for 50.00 feet to an intersection with the existing north right —of —way line of said Oil Well Rood (C.R. 858) and to the southwest corner of lands described in Official Records Book 1789, Page 962, of the Public Records of Collier County, Florida; thence along said north right —of —way line N 87'48'27" E for 839.93 feet; thence leaving said north right —of —way line N 02'11'33" W for 14.59 feet to an intersection with the proposed north right —of —way line of Oil Well Road and the Point of Beginning; thence along said proposed line the following five (5) courses: N 86'48127" E, 459.84 feet; N 87'48'27' E, 77.88 feet; S 78'41'48" E, 51.42 feet; N 87'48'27" E, 208.12 feet; N 43'00'30" E. 13.04 feet; thence leaving said proposed right —of —way line N 02703" W for 15.20 feet; thence S 87'48'27' W for 805.04 feet; thence S 02'11'33" E for 20.41 feet to the Point of Beginning. Containing 14,684 square feet, more or less. Basis of bearings based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 87'48'27" E for the south line of the Southwest Quarter (SW 1/4) of Section 14, Township 48 South, Range 27 East, Collier County, Florida. A&, A I 45EM-�' JEFFREY KT. S`rLL - PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REOISfRAMN LICENSE No. Ls eM A I CLIENT: O0LLIERCO. /OH2MHILL I PROJECT: OIL WELL ROAD I DATE: APRIL 14. M07 ' �� `n- W41 ARC WAY NM FORTMYERS,FLORIDASS lvr'� 11/1 PHONE RSA V6-W76 T WE S, : R� 216 I2 n.ORI N OERRRO OFAUi1bRIZAi40N No. LB 8588 I' NRANEr One HTIPJ/rWNJ.MCKIMCREm.COM SHEET 1 OF 2 i r� f ' t ORANGETREE ASSOCIATES N 0211'33" W O.R. LEGAL DESCRIPTION AND SKETCH I Slope and Utility Easement, { I Parcel No, 102 SUE2 { (This is not a Field Survey) { I 120 I 1 Y I 0 120 I I SCALE 1" = 12Y { SLOPE AND {1 UTILITY EASEMENT I NO, 102 SUE2 (14,684± SQUARE FEET) I 1 PERPETUAL, NON- EXCLUSNE SLOPE I AND UTILITY EASEMENT { I' { I DISTRICT SCHOOL BOARD OF COLLIER COUNTY I I I I { I LINE TABLE I 1 - N 87'48'27" E, 2 - N 02'11'33" W, 3 - N 86'48'27" E, 4 - N 87'4827" E, 5 - S 78'41'48" E. 6 - N 87'48'27" E, 7 - N 43'00'30" E, 8 - N 02'11'33" W, 9 - S 87'48 "27" W, 10 - S 02'11'33" E, LINE 839.93' 14.59' 459.84' 77.58' 51.42' 208.12' 13.04' 15.20' 805.04' 20.41' N 02'11'33" W P.O.B. - POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT O.R. = OFFICIAL RECORDS Ne WATERWAYS HOMEOWNERS ASSOCIATON, INC. Agenda Item No. 10C By 8, 2007 EXHIBIT P ge 8 of 234 Page _ of f NO2'11'33 "W 50.00' PROPOSED RIGHT -OF -WAY LINE i� rn Di o- 00 Ln do U b rr J J L>L! Q I� w N O v g P. C. NO2- 1133'W ^ ° SW CORNER OF 50.00' SECTION 14 -48 -27 z z SHEET 2 OF 2 _ x141 gZ; WAY CLIENT: COLLIER CO.1 CH2MHILL N1OM O M PH e- (2W 276 5 F. .290) 227&7 ➢ pgpJECT: OIL WELL ROAD k6400111 FLORIDA CERTIRCATE CF AUDgR¢ATION No. LB BSBB MFIiNET BRE HTIPJNNJW.MCgMCREED.aOM DATE: APRIL 14, 200] PROPOSED RIGHT -OF -WAY LINE w i� cv a ao 2 Z S SOUTH LINE OF THE SOUTHWEST QUARTER I / OF SECTION 14 -48 -27 ! ( (EXISTING CENTER LINE OF OIL WELL ROAD) P. C. NO2- 1133'W ^ ° SW CORNER OF 50.00' SECTION 14 -48 -27 z z SHEET 2 OF 2 _ x141 gZ; WAY CLIENT: COLLIER CO.1 CH2MHILL N1OM O M PH e- (2W 276 5 F. .290) 227&7 ➢ pgpJECT: OIL WELL ROAD k6400111 FLORIDA CERTIRCATE CF AUDgR¢ATION No. LB BSBB MFIiNET BRE HTIPJNNJW.MCgMCREED.aOM DATE: APRIL 14, 200] SHEET 2 OF 2 _ x141 gZ; WAY CLIENT: COLLIER CO.1 CH2MHILL N1OM O M PH e- (2W 276 5 F. .290) 227&7 ➢ pgpJECT: OIL WELL ROAD k6400111 FLORIDA CERTIRCATE CF AUDgR¢ATION No. LB BSBB MFIiNET BRE HTIPJNNJW.MCgMCREED.aOM DATE: APRIL 14, 200] Agenda Item No, 1 DC —Allay 8, 2007 Pape 9 of 234 LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. 102 TDRE1 (This is not a Field Survey) EXHIBIT DESCRIPTION pama—� A parcel of land lying in Section 14, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 14; thence N 87'48'27" E along the south line of the Southwest Quarter (SW 1/4) of said Section 14, said south line also being the existing center line of Oil Well Road (C.R. 858), for 2040.07 feet; thence leaving said south line N 02'11'33" W for 50.00 feet to on intersection with the existing north right —of —way line of said Oil Well Road (C.R. 858) and the Point of Beginning, said point also being the southwest corner of lands described In Official Records Book 1789, Page 962, of the Public Records of Collier County, Florida; thence along the west line of said lands N 02'11'33" W for 60.00 feet; thence leaving said west line N 87'48'27" E for 65.00 feet; thence S 02'11633" E for 60.00 feet to an intersection with the said north right —of —way line of Oil Well Road; thence along said north right —of —way line S 87'48'27' W for 65.00 feet to the Point of Beginning. Containing 3900 square feet, more or less. Basis of bearings based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 87'48'27" E for the south line of the Southwest Quarter (SW 1/4) of Section 14, Township 48 South, Range 27 East, Collier County, Florida. TEMPORARY ORNEWAY RESTORATION EASEMENT WATERWAYS HOMEOWNERS ASSOCIATION, INC. P.O.B. - POINT OF BEGINNING P.O.C. - POINT OF COMMENCEMENT O.R. - OFFICIAL RECORDS LEGAL DESCRIMON AND 510'=TCH PREPARED BY Md AAW ®, PA STATE OF FLORIDA CERRFICATE OF AUn10R12AMON No. LB 8968. IJEFFREY .STILL - PROFRISIO 4L BUROMAPPBi STATE OF FLORIDA REGISTRATON LICENSE No. LS 6888 SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 14 -48 -27 (EXISTING CENTER LINE OF OIL WELL ROAD) I NO P.O.B. � g NO2'11`33 "W ^W r 150 L0 z SW CORNER OF L0 - zo 0 w co I IY SCALE 1" - 120' DISTRICT SCHOOL BOARD Iz U OF COLDER COUNTY LINE TABLE I �^, Cl 1 1 — N 02'11133" W, 60.00' to J 2 — N 87'48'27" E, 65.00' li m J 3 — S 02'11'33" F. 60.00' ll.l 4 — S 87'48'27" W, 65.00' I� TEMPORARY DRIVEWAY J RESTORATION EASEMENT D04Ak`0V''"e"I O NO. 102 TDRE1 3900± SQUARE FEET) _��O 4C41 WEST UNE O.R. BOOK 1759, PAGE 962 W N 0271'33" w WATERWAYS HOMEOWNERS ASSOCIATION, INC. P.O.B. - POINT OF BEGINNING P.O.C. - POINT OF COMMENCEMENT O.R. - OFFICIAL RECORDS LEGAL DESCRIMON AND 510'=TCH PREPARED BY Md AAW ®, PA STATE OF FLORIDA CERRFICATE OF AUn10R12AMON No. LB 8968. IJEFFREY .STILL - PROFRISIO 4L BUROMAPPBi STATE OF FLORIDA REGISTRATON LICENSE No. LS 6888 SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 14 -48 -27 (EXISTING CENTER LINE OF OIL WELL ROAD) I NO P.O.B. � g NO2'11`33 "W ^W r P.O.C. 50.00 z SW CORNER OF SECTION 14 -48 -27 SHEET 1 OF 1 CUENT. COLLIER CO. /CH2MHILL 1 PROJECT: OIL WELL ROAD I LATE' APRIL 14, 2007 �T/��rK(/T'�'nn ./( /� 6241 ARC WAY N M &� PHONE, =M 276-6W6 F. (2W 27676282 V ROFi814 CEHfIFlCATE OFASfIHOi?S.TICN No. Le BSBB IMFANEr SRE: HTTP. /AYWJJ.MCKIMCR ®.COM t, Agenda Item No. IOC — �—Ay1y 8, 2007 Paqe15O of 234 LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. 102 TDRE2 (This is not a Field Survey) DESCRIPTION A parcel of land lying in Section 14, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 14; thence N 87'48'27" E along the south line of the Southwest Quarter (SW 1/4) of said Section 14, said south line also being the existing center line of 011 Well Road (C.R. 85B), for 2040.07 feet; thence leaving said south line N 02'11'33" W for 50.00 feet to an intersection with the existing north right —of —way line of sold Oil Well Road (C.R. 858) and to the southwest corner of lands described in Official Records Book 1789, Page 962, of the Public Records of Collier County, Florida; thence along said north right —of —way line N 87'48'27" E for 679.93 feet to the Point of Beginning; thence leaving said north right —of —way line N 02'11'33" W for 70.00 feet; thence N 87'48'27" E for 160.00 feet; thence S 02'11'33" E for 55.41 feet to an Intersection with the proposed north right —of —way line of Oil Well Road; thence along said proposed line S 86'48'27" W for 138.44 feet; thence continue along said proposed line S 58'23'12" W for 24.78 feet to the Point of Beginning. Containing 9,217 square feet, more or less. Basis of bearings based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 87'48'27" E for the south line of the Southwest Quarter (SW 1/4) of Section 14, Township 48 South, Range 27 East, Collier County, Florida. 150 EXHIBIT �. 03 Iz w to Pagel of (4 NOT TO SCALE p 401 > N CD TEMPORARY DRIVEWAY 0 RESTORATION EASEMENT z U F TEMPORARY DRIVEWAY ❑ (9,21NO SQUARE EET) ` ATION RE8T01911:3YEARS EASEMENT �y ly( ) DISTRICT SCHOOL BOARD 1I I -f- OO r OF COLLIER COUNTY LINE TABLE i I W> ' g 1 - N 87'48'27" E, 679.93' > 2 - N 02'11'33" W. 70.00' — J SOUTH LINE OF THE SOUTHWEST QUARTER O 2� 3 - N 87'48'27" E. 160.00' O 4 - S 0211'33" E. 55.41' OF SECTION 14 -48 -27 (EXISTING CENTER LINE 5 - S 8648'27" W, 138.44' P O B Q �� OF OIL WELL ROAD) 6 - S 58'23'12" W. 24.78' WEST LINE O.R. BOOK 1789, PAGE 962 N 0211'33" w 1w WATERWAYS 1 N o HOMEOWNERS ASSOCIATION, INC. ? P.O.C. NO2'11`33 "W ro h 50.00' SW CORNER OF P.O.B. - POINT OF BEGINNING z .. SECTION 14 -48 -27 P.O.C. =POINT OF COMMENCEMENT O.R. = OFFICIAL RECORDS �/ SHEET 1 OF 1 LEGAL OMCFJPTION AND SIETCH PREPARED eY Ma10M=REED, PA STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION N. Le e8ee. CLIENT:. COLLIER Ca. /CH2MHILL PROJECT: 011 - E LROAD 0 o JEFFREY M. SWLL - PROFESSIONAL sURVEYOR ANO MAPPER STATE OF FLORIDA REGISTRATION LICENSE No. LS Wn DATE: APRIL 14,2007 W41 AFC WAY FORr WERE, FLORIDA 33512 - &GRMD PHONE: =1;) VS- G Fax. MIN WS-7M A FLORIp.A CFRTF%ATE OF AURiaRIZATON No. LS 0090 v _ IMEFMET SfrE NiIPJMMM1V.MCKIMCREm.COM ,.. , . - Agenda Item No. 10C Way 8, 2007 Page 1 of 234 LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. 102 TDRE3 (This is not a Field Survey) EXHIBIT DESCRIPTION Page-L— of A parcel of Icnd lying in Section 14, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 14; thence N 87'4B227" E along the south line of the Southwest Quarter (SW 1/4) of said Section 14, said south line also being the existing center line of Oil Well Road (C.R. 858), for 2040.07 feet; thence leaving sold south line N 02'11'33" W for 50.00 feet to an intersection with the existing north right —of —way line of said oil Well Road (C.R. 858) and to the southwest corner of lands described in Official Records Book 1789, Page 962, of the Public Records of Collier County, Florida; thence along said north right —of —way line N 87'48'27" E for 1644.97 feet; thence leaving said north right —of —way line N 02'11'33" W for 19.80 feet to an intersection with the proposed north right —of —way line of Oil Well Road and the Point of Beginning; thence along said proposed line N 43'00'30" E for 43.68 feet; thence continue along said proposed line N 87'48'27" E for 66.52 feet; thence continue along said proposed line S 46'19'59" E for 10.76 feet to the east line of aforesaid lands; thence leaving said proposed line and along said east line N 02'11'33" W for 24.14 feet; thence leaving said east line S 87'4827" W for 105.00 feet; thence S 02'11'33" E for 47.20 feet to the Point of Beginning. Containing 2,230 square feet, more or less. N 0271'33" W WATERWAYS NO2`I1'33 "W P.O.B. — POINT OF BEGINNING HOMEOWNERS P.O.C. = POINT OF COMMENCEMENT ASSOCIATION, INC. 50.00' C.R. = OFFICIAL RECORDS ! P.O.C. SW CORNER OF / SECTION 14 -48 -27 SHEET OF LI( OESCRIFIION AND SKIFT0H PREPARED BY MoXIM6CRT0:D, PA CLIENT: COLLIER CO. / CH2MMILL STATE OF FLORIDA CERTIFICATE OF AL"ORIZARON No. L9 0088. P OUECT: OIL WELL ROAD JEFFREY M. L•PROFESaIONAL al1RVEYOR AND MAPPER DATE: APRIL14,2007 0241 ARD WAY j�/r"1 \jjrl(•j RIONE MW 2760876 F. �l 275 -7020 FLORIDA CRinFICATE OF AU PIIZATION No. 0 OM INIFOWEr eRE HrfPlNJww.MCKIMCREED.COM Basis of bearings based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 8748'27" E for the south line of the Southwest Quarter (SW 1/4) of Section 14, Township 48 South, Range 27 East, Collier County, Florida. ORANGETREE N 0271'33" W ASSOCIATES O 42.136' N 02'11'33" W �'- EAST LINE O.R. BOOK 1789, PAGE 962 I NO2'11'33 "W I 50.00' 6 O 4 I O PROPOSED 120 o Izo �'"� RIGHT -OF -WAY LINE 7 I SCALE I" - 120' / ��� �llll 1 TEMPORARY DRIVEWAY I W TEPAPORARYORIVEWAY a ' E RESTORATION EASEMENT RESTORATION EASEMENT P.O.B. I- (DURATION: 3 YEARS NO. 102 TDR m ' (2,2301 SQUARE FEET) a .J tl.i LINE TABLE z f m CC 1— N 0211'33" W, 19.80' J z J U 2 — N 43'00'30" E, 43.68' DISTRICT SCHOOL ¢ w Q 3 — N 8748'27" E. 66.52' BOARD OF 3 IN SOUTH LINE OF THE 4 — S 46'19'59" E, 10.76' COLLIER COUNTY 01a SOUTHWEST QUARTER OF SECTION 14 -46 -27 5 — N 02'11'33" W, 24.14' I! n (EXISTING CENTER LINE 6 — S 87'4827" W, 105.00' �Iz r� OF OIL WELL ROAD) 7 — S 02'11'33" E, 47.20' N 87'48'27" E n R RnnK 1789. PAGE 962 _ 2040 07' N 0271'33" W WATERWAYS NO2`I1'33 "W P.O.B. — POINT OF BEGINNING HOMEOWNERS P.O.C. = POINT OF COMMENCEMENT ASSOCIATION, INC. 50.00' C.R. = OFFICIAL RECORDS ! P.O.C. SW CORNER OF / SECTION 14 -48 -27 SHEET OF LI( OESCRIFIION AND SKIFT0H PREPARED BY MoXIM6CRT0:D, PA CLIENT: COLLIER CO. / CH2MMILL STATE OF FLORIDA CERTIFICATE OF AL"ORIZARON No. L9 0088. P OUECT: OIL WELL ROAD JEFFREY M. L•PROFESaIONAL al1RVEYOR AND MAPPER DATE: APRIL14,2007 0241 ARD WAY j�/r"1 \jjrl(•j RIONE MW 2760876 F. �l 275 -7020 FLORIDA CRinFICATE OF AU PIIZATION No. 0 OM INIFOWEr eRE HrfPlNJww.MCKIMCREED.COM LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 103 FEE (This is not a Field Survey) FEE SIMPLE INTEREST DESCRIPTION `XHIBIT age of Agenda Item No. 10C —aAe)y 8, 2007 Page 2 of 234 A parcel of land lying In Section 14, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the southeast corner of said Section 14; thence S 87'48'27" W along the south line of the Southeast Quarter (SE 1/4) of said Section 14, said south line also being the existing center line of Oil Well Road (C.R. 858), for 443.54 feet; thence leaving said south line N 0211'33" W for 50.00 feet to an intersection with the existing north right —of —way line of said Oil Well Road and to the southeast corner of lands described in Official Records Book 2229, Page 1049, of the Public Records of Collier County, Florida; thence S 87'48'27" W along said north right —of —way line for 751.97 feet to the Point of Beginning; thence continue along said north right —of —way line S 87'48'27" W for 498.04 feet to the southwest corner of said lands; thence leaving said north right —of —way line and along the west line of said lands for N 02'11'33" W for 42.86 feet; thence leaving said west line S 46'19'59" E for 30.96 feet; thence N 88'40'01" E for 420.31 feet; thence S 77'53'06" E for 58.01 feet to the Point of Beginning. Containing 8,437 square feet, more or less. Basis of bearings based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being S 87'48'27' W for the south line of the Southeast Quarter (SE 1/4) of Section 14, Township 48 South, Range 27 East, Collier County, Florida. SHEET 1 OF 2 -MQ DESCAMON AND StEtCH PRE MsaB MCI9M6CREED, PA STATE OF PLOMDA CERTIFICATE OF ALMiORIZATION No. Le 8580. CLIEM: COWER CO. /CH2MWLL - PROJECT: OIL WFLL ROAD TUL� _' D .. EFFR JEY . STILL- PROFESBb SURVEYORAND MAPPER DATE: APii1L14.2007 STATE OF FLORIDA REOI^TRATION LIC MN L28.989 N/(��7� ,(' r.� C-1—z—M) 8241 ARC WAY L�j �J,rj('J PHONE: =9127&&766 F. MM 275-7= V FLAMDA CERn MOATE OF ALITHO TM M, WBb80 - INISiNEr sRE: HTiPJNNYrV.MCgMCREED.CDM,y _ .... _ . Agenda Item No. 10C 8, 2007 Page 3 of 234 P.O.C. RIGHT —OF —WAY LINE 3 SE CORNER OF DISTRICT SCHOOL BOARD �`� SECTION 14 -48 -27 OF COLLIER COUNTY 1^y P.I. STATION 64 +83.59 O.R. BOOK 2981 N0211,33 "W v PAGE 2872 50.00' m N N 0271'33" W EAST UNE O.R. BOOK 2229, EXHIBIT A Page-LL =0F 1 D49 WNW S 77'53'08" E 58.01' LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 103 FEE (This is not a Field Survey) so 0 SCALE 1" - 60' ORANGETREE ASSOCIA (ROBERTO BOLLT. TRU O.R. BOOK 2229 PAGE 1049 P.O.B. - POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R . RADIUS 8 = ANGLE L — LENGTH Ch - CHORD CB - CHORD BEARING O.R. = OFFICIAL RECORDS 1 I 60 �1 o� I TES STEE) W O I O st 8.437± CO SQUARE _ FEET 103 FEE I FEE SIMPLE INTEREST S 4619'59" E 30.96' t D O a 3 i� N N 'n m Z Z Q 3 1 O I N021 1'33"W 50.00' a LO CID d J J W} 7 J O 3 N W a r m m SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 14 -45 -27 (EXISTING CENTER LINE OF OIL WELL ROAD) N0211'33 'W 50.00' WEST UNE O.R. BOOK 2229. PAGE 1 U4 N 0211'33" W DISTRICT SCHODL BOARD N 02'11'33" W O.R. BOOK 1789 PAGE 962 OF COLLIER COUNTY 42.86' SHEET 2 OF 2 6241 ARC WAY CLIE :OO ER00. /CH2MHILL / /'���(�j /''T�'�'�� jrl`�.�Lr,�&CR -� —D PIWtJE: MB) 276 ?B FS C. RM 2]6978 028 PROJECT. OIL WELL ROAD FWROA O'ERMRCATE OF AUTHORVATIOIJ No. L8 6568 IMEI1NEf e : HTfP: /A'✓wYW.MCpMCREm.COM DATE: APRIL 14, 20D7 LEGAL DESCRIPTION AND SKETCH Slope and Utility Easement Parcel No, 103 SUE (This is not a Field Survey) DESCRIPTION Agenda Item No. 10C y 8, 2007 Page Y4 of 234 EXHIBIT Page D 7 PERPETUAL. NON - EXCLUSIVE SLOPE AND UTILITY EASEMENT A parcel of land lying in Section 14, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the southeast corner of said Section 14; thence S 87'48'27" W along the south line of the Southeast Quarter (SE 1/4) of said Section 14, said south line also being the existing center line of Oil Well Road (C.R. 858), for 443.54 feet; thence leaving said south line N 02'11'33" W for 50.00 feet to an intersection with the existing north right —of —way line of said Oil Well Road and the Point of Beginning, said point also being the southeast corner of lands described in Offcial Records Book 2229, Page 1049, of the Public Records of Collier County, Florida; thence S 87'48'27" W along said north right —of —way line for 751.97 feet to an intersection with the proposed north right —of —way line of Oil Well Road; thence leaving said existing line and along said proposed line N 77'5308° W for 58.01 feet; thence continue along said proposed line S 88'40'01" W for 416.87 feet; thence leaving said proposed right —of —way line N 02'11'33" W for 9.41 feet; thence N 87'48 "27" E for 484.96 feet; thence S 02'11'33" E for 10.00 feet; thence N 87'48'27" E for 740.05 feet to the east line of aforesaid lands; thence S 02'11'33" E along said east line for 20.00 feet to the Point of Beginning. Containing 21,668 square feet, more or less. Basis of bearings based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being S 87'48'27" W for the south line of the Southeast Quarter (SE 1/4) of Section 14, Township 48 South, Range 27 East, Collier County, Florida. SHEET 1 OF 2 GWPREPAREUAMOlOM6CR CORMA a. OEMFIOA STATE OF AORIaq CERRFlGTE OF AVRiORRATON N". LB 6666. WtI. aLIEW. COLLIER CO. /aRZVwILL PROJECT: OILWELLROAO J4'I6py, III ', X ✓ ° ".t`k'41P,"FF v JEFFREY M.STiLL- PROFESSIONAL SURVEYOR ANC MAPPER:.I� OATS: APiiL 14.200] STATE OF FLORIDA REOISIRATON LICENSE Na LS SW to k 1 } ) 6241 ARC WAY FCRi MVER9. FLORIDA, WAY I1 PNOOA r 1216- F6K 12x%215 a 11 FLORIDAC O OFAUTNOPIIATON NO. LB 6566 O iMt, V y I�, INRSYJET SItE: XTiP'IhVWW.MCbMCREEa.COM Ersiire il,. U\... _. Agenda Item No. 10C 8, 2 007 Page )5 o f234 LEGAL DESCRIPTION AND SKETCH --� P.O.C. BE CORNER OF - - Slope and Uttllty Easement SEC71DN 14 -48 -27 Parcel No. 103 SUE (this is not a Field Survey) EXHIBIT DISTRICT SCHOOL S 02" E Of OF COLLIER COUNTY NTY 20.000.DO' ' N 02'11'33° W -- EAST LINE O.R. BOOK 2229, PAGE 1049 N0271'33 "W 50.00' r SOUTH LINE OF THE so o 80 W I SOUTHEAST QUARTER. OF SECTION 14 -45 -27 (EXISTING CENTER LINE SCALE t" - 60' o ^ OF OIL WELL ROAD) mod' N W Q � S 010.00' E z U a LO 10.00' N 3 7 O �I 0 o N 7753108" W � (� 58.01' l� o SLOPE AND I oo UTILITY EASEMENT a - NO. 103 SUE L11 (21.668± SQUARE FEET) I L 3 PERPETUAL SLOPE M au 0 t' n I N O.R. BOOK 2229 '� PAGE 1049 I m w � 6 J 3 r I } W 4 Q Z I I w 2 I O J P.O.B. = POINT OF BEGINNING I 3 P.O.C. - POINT OF COMMENCEMENT ' u M O.R. = OFFICIAL RECORDS I a F Q r N I� X N w w O w I Ifl IN Q Ix d N0 50.001 WEST LINE O.R. BOOK 2229, PAGE 1049 N 02'11'33" W N 02'11'33" W DISTRICT SCHOOL BOARD 9 41' OF COLLIER COUNTY SHEET 2 OF 2 '� �� ,( j'�/'���j'� 6241 =WAY jVr"j\u.Vl('J `".jR[j(jjJ PHONE: Q39) 27686)6 Fu.' 21b3i020 CUENr: COLLIER CO. /OH MHILL OIL (239 FLORIDA C FIIIFIOATE OF A ORIZN O Na. LB 6666 PPOJEOT: WELL ROHO DATE: A L 14, 2007 IN�EWVET 9IIE: HRPJANN/rV,MOpIvT'REED.COf.1 Agenda Item No. 10C 8, 2007 ge LEGAL DESCRIPTION AND SKETCH Pa 6 of 234 Temporary Driveway Restoration Easement Parcel No. 103 TD &H'B+T A (this is not a Field Survey) DESCRIPTION Page Of A parcel of land lying in Section 14, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the southeast corner of said Section 14; thence S 8748'27" W along the south line of the Southeast Quarter (SE 1/4) of said Section 14, said south line also being the existing center line of Oil Well Road (C.R. 858), for 443.54 feet; thence leaving said south line N 02'11`33" W for 50.00 feet to an intersection with the existing north right —of —way line of said Oil Well Road and to the southeast corner of lands described in Official Records Book 2229, Page 1049, of the Public Records of Collier County, Florida; thence S 87'48'27" W along said north right —of —way line for 1250.01 feet to the southwest corner of said lands; thence leaving said north right —of —way line and along the west line of said lands N 02'11'33' W for 42.86 to an intersection with the proposed north right —of —way line of Oil Well Rood and the Point of Beginning; thence continue along said west line (and leaving said proposed line) N 02'11'33" W for 24.14 feet; thence leaving said west line N 87'48'27" E for 25.00 feet; thence S 02'11'33" E for 46.41 feet to the said proposed north right —of —way line of Oil Well Road; thence along said proposed line S 88'40'01" W for 3.44 feet; thence continue along said proposed line N 46'19'59" W for 30.96 feet to the Point of Beginning. Containing 920 square feet, more or less. Basis of bearings based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being S 87'48'27" W for the south line of the Southeast Quarter (SE 1/4) of Section 14, Township 48 South, Range 27 East, Collier County, Florida. -tea P.O.C. so 6 eo CORNER OF DISTRICT SCHOOL BOARD SECTION 14 -48 -27 OF COLLIER COUNTY SCALE 1" = 80' S 87'4827" W N 0271'33" w 443.54' EAST LINE O.R. BOOK 2229, PAGE 1049 i TEMPORARY DRIVEWAY z RESTORATION EASEMENT J O.R. BOOK 2229 NO. 103 TDRE r PAGE 1049 (920± SQUARE FEET) 3 I a LINE TABLE 1 — N 0211'33" W, 42.86" 2 — N 02'11'33" W, 24.14' 3 — N 87'48'27' E, 25.00' 4 — S 02'11'33" E, 46.41' 5 — S 88'40'01" W, 3.44' 6 — N 46'19'59" W, 30.96' WEST LINE O.R. BOOK 2229, PAGE 1049 N 0271'33" W P.0.6. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT O.R. = OFFICIAL RECORDS PROPOSED I crN RIGHT —OF —WAY LINE \`I \ I y NO2'11'33 "W 50.00' }U TEMPORARY DRIVEWAY Q WPA RESTORATION �� ' ° Wv m " � U 40 SOUTH LINE OF THE 4 5 �-�, SOUTHEAST QUARTER O � -- (EXISTING CENTER LINE OF SECTION 14 -48 -27 V=% OF OIL WELL ROAD) Q-// P.O.B. DISTRICT SCHOOL BOARD OF COLLIER COUNTY LEOAL DESOMMON AND SiD-fCH PREPARED SY Mtl0M e!20, PA STATE OF FLORIDA CERRFICATE OF AarHORrfAT W. LB 6666. JEFPREYI STATE OF ,4,. � L_J CLIENT: COLLIER CO./ CH2MHILL I PROJECT: OIL WELLROAD I DATE: A 1114, 2007 . 6241 ARC WAY F7 S r�L I ���C PHONE R3N2� 676 f R39) 2 7H V FLORIDA CE"9CATE OFAa1110RUATION No. lB 56 INTERNET sm. HrTPJA'W.M1V.MCgMCREEO.COM N0211'33 "W 50.00' SHEET 1 OF 1 i LEGAL DESCRIPTION AND SKETCH Slope and Utility Easement Parcel No. 104 SUEZ (This Is not a Field Survey) PERPETUAL, NON- EXCLUSIVE SLOPE AND UTILITY EASEMENT DESCRIPTION Agenda Item No. 10C V 8, 2007 EXHIBIT A Page 7 of 234 Page_IZ A parcel of land lying in Section 23, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Beginning at the northeast corner of Lot 110, Orangetree Unit Four, Citrus Greens Section. Phase 2 —A, as recorded in Plat Book 14, Pages 124 -125 of the Public Records of Collier County, Florida; thence N 87'48'27° E along the existing south right —of —way line of Oil Well Road (C.R. 858, too' wide) for 1656.98 feet to the northwest corner of Tract "D ", Valencia Golf and Country Club, Phase 1A, as recorded in Plat Book 42, Pages 36 -41, of the said Public Records of Collier County, thence southwesterly along the arc of a curve concave to the southeast (and along the west line of said Tract "D "), having a radius of 190.00 feet, a central angle of 1719'01 ", a chord bearing and distance of S 67'20'38" W. 57.21 feet, for 57.42 feet to a non — tangent intersection with a line parallel to and 20.00 feet south of, as measured at right angles from, the said south right —of —way line of Oil Well Road; thence S 87'48`27" W along said parallel line for 1603.38 feet to the west line of said Lot 110; thence leaving said parallel line and along the west line of said Lot 110 N 02'11'33" W for 20.00 feet to the Point of Beginning. Containing 32,521 square feet, more or less. Basis of bearings based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being S 87'48'27" W for the north line of the Northeast Quarter (NE 1/4) of Section 23, Township 48 South, Range 27 East, Collier County, Florida, said north line also being the existing center line of Oil Well Rood. SHEET 1 OF 2 LEQA DEEORP MO 81W0I PREPARED BY Atl M6 MD, PA . STATE OF FLORIDA OERnFIOATE OF AURIDTU VDN NO. M WN. CLIENT: COLLIEROOJOHWN!� L �, PROJECT: OILWELLRCAD:_� 7 JEFFREY M. LL- PROPES9IONAL $URJEYOR AND MMPER DATE: APRIL 14, 2007 STATE OF FLORIDA REDISTRATON LICENSE No. LS &.BB N iO•i &� 6241 ARC WAY FORTMYERe.FLORIOA.3 12 P. V PHONE: V OF276 BB7E F"x 9-IM Le WN FLORIDA !Fr SUE: OF NV. LB M88 J 1t JCT INTE3iNET SUE: HTIPlM'ww.MCpMOREED.CDM NO2'11'33 'W 59 +37.02 50.00' NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 23 -48 -27 (EXISTING CENTER LINE OF OIL WELL ROAD) U T- J J W> J O 3 n N m I� m w z a m NO2'11'33 "W 42 +60.05 50.00' 10 I � Irn �00 o LEGAL DESCRIPTION AND SKETCH Slope and Utility Easement i l Parcel No. 104 SUET V (This Is not a Field Survey) r 3 o I 1 s I z N I I I-.- -- 20.00' OL_J EXHIB T Page, VALENCIA GOLF AND COUNTRY CLUB — PHASE 1A, PLAT BOOK 42, PAGES 36 -41 O ORANGETREE ASSOCIATES (ROBERTO BOLLT, TRUSTEE) w I; c m I� ao o a9 SCALE 1' — 90' PERPETUAL. NON- EXCLUSrVE SLOPE AND UTILITY EASEMENT SLOPE AND — UTILITY EASEMENT NO. 104 SUE1 (32.521 -1- SQUARE FEET) N 02'11'33" W 1 20.00' P.O.B. — POINT OF BEGINNING P.O.C. — POINT OF COMMENCEMENT R — RADIUS A ANGLE L = LENGTH Ch = CHORD CO = CHORD BEARING O.R. = OFFICIAL RECORDS a Item No. 1 OC 8, 2007 Page 18 of 234 N 02'11'33" W R = 190.00' o A = 1719'01" '- L = 57.42' Q Ch = 57.21' � CB = 5 67'20'38" W 10 I � Irn �00 o LEGAL DESCRIPTION AND SKETCH Slope and Utility Easement i l Parcel No. 104 SUET V (This Is not a Field Survey) r 3 o I 1 s I z N I I I-.- -- 20.00' OL_J EXHIB T Page, VALENCIA GOLF AND COUNTRY CLUB — PHASE 1A, PLAT BOOK 42, PAGES 36 -41 O ORANGETREE ASSOCIATES (ROBERTO BOLLT, TRUSTEE) w I; c m I� ao o a9 SCALE 1' — 90' PERPETUAL. NON- EXCLUSrVE SLOPE AND UTILITY EASEMENT SLOPE AND — UTILITY EASEMENT NO. 104 SUE1 (32.521 -1- SQUARE FEET) N 02'11'33" W 1 20.00' P.O.B. — POINT OF BEGINNING P.O.C. — POINT OF COMMENCEMENT R — RADIUS A ANGLE L = LENGTH Ch = CHORD CO = CHORD BEARING O.R. = OFFICIAL RECORDS a Item No. 1 OC 8, 2007 Page 18 of 234 N 02'11'33" W P.O.B. ORANGETREE UNIT FOUR CITRUS GREENS SECTION, PHASE 2 -A 110 PLAT BOOK 14, PAGES 124 -725 SHEET 2 OF 2 W41 ARG WAY CLIENT: COLLIER CO. /CH2MHILL *I♦� %1�I�r�/��l�lf'i M78R ��I���j��I�(,7 �l�['�jL :LOWDA,336t2 9M RfiA PHONE;EOF pg0,1EC{; OILWELL gOAO A] FLORIDA CEfrtIflCA1EOFAUTHORPP.TION No. to 9598 N W. INiERNEf BRE MITPJNJV✓W.MCNMCREED.CIX.A DATE; APRIL 14. 2007 Agenda Item No. 10C y 8, 2007 EXHIBIT Page 9 of 234 Pagil of V_ LEGAL DESCRIPTION AND SKETCH Slope and Utility Easement Parcel No. 104 SUE2 (This is not a Field Survey) PERPETUAL. NON- EXCLUSIVE SLOPE AND UTILITY EASEMENT DESCRIPTION A ,parcel of land lying in Sections 23 and 24, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the northeast corner of said Section 23; thence along the east line of said Section 23 S 00'51'53" E for 50.01 feet to an intersection with the existing south right —of —way line of Oil Well Road (C.R. 858, 100 feet wide) and the Point of Beginning; thence leaving said east line and along said south line S 87'48'27" W for 467.67 feet to the northeast corner of Tract "D ", Valencia Golf and Country Club, Phase 1A, as recorded in Plat Book 42, Pages 36 -41, of the Public Records of Collier County, Florida; thence southeasterly along the arc of a curve concave to the southwest (and along the east line of said Tract "D "), having ❑ radius of 190.00 feet, a central angle of 1719'01 "; a chord bearing and distance of S 71'43'44" E, 57.21 feet, for 57.42 feet to a non — tangent intersection with a line parallel to and 20.00 feet south of, as measured at right angles from, the sold south right —of —way line of Oil Well Road: thence N 87'48'27" E along said parallel line for 413.60 feet to the said east line of Section 23; thence continue N 87'45'27" E, leaving said east line, for 0.53 feet; thence N 8935`33" E for 1530.31 feet; thence S 00'24'27" E for 25.00 feet; thence N 89'35'33" E for 40.00 feet: thence N 00'24'27" W for 25.00 feet; thence N 8935'33" E for 356.92 feet to an intersection with the west line of lands described in Official Records Book 3098, Page 3336, of the Public Records of Collier County, Florida; thence along said west line N 00'24'27" W for 20.00 feet to the northwest corner of said lands and to an intersection with the aforesaid south right —of —way line of Oil Well Road; thence leaving said west line and along said south right —of —way line S 89'35'33" W for 1927.55 feet; thence continue along said south right —of —way line S 87'48'27" W for 0.38 feet to the said east line of Section 23 and the Point of Beginning. Containing 1.109 acres, more or less. Basis of bearings based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being S 87'48'27" W for the north line of the Northeast Quarter (NE 1/4) of Section 23, Township 48 South, Range 27 East, Collier County, Florida, said north line also being the existing center line of Oil Well Road. LEGAL DESCRIPRON MD 81 E PREPARED BY M M&CREED, PA I CLIENn COLLIER CO. CH2MHILL STATE OF FLORIDA OERnFICATE OF AUIHOR 701,1 No. LE 6666. I PROJECT: OILWELLFOAD I DAIS APM 14,2W7 6241 ARC WAY raw �Fs PHONE:(239) 26MS F '!239)275 7028 j R.OR1040ER GATE OFAUrHORVP.TON NO, US 65M V IN NET SITE. HrfPIMA WCKIMOREEDWM 1-3.wF iKIDIJK Agenda Item No. 10C 8, 2007 O.R. BOOK 3098 Page 0 Of 234 20.00' N 00.24"27" W PAGE 3336 8241ARCWAY CLIENT: COLUERCO. /CH2MHILL LY�.`I�L 4 M PHONE x2992 bBBM 5 Fac (ARI Y 5 -7o2B PROJECT: OIL WELL ROAD R.ORIOA CERRFlCATE OF A ORIZATON No. LB 8688 INTFANET 6RE HTIPJNVWW.MCHMCAEED.COM DATE APRIL 14, 2007 7— N 00•24'27" w SOD•24'27 "E I w 84+11.91 z 110 LEGAL DESCRIPTION AND SKETCH s LO 'a M Slope and Utility Easement XHIBIT OC) 3 n Parcel No. 104 SUEZ Jags j pf ° 1 z (This is not a Field Survey) 02 N 00.24'27" W F 25.00' M N 'L N 89'35'33" E J 120 a izD J 40.00' W 1 .O I S SCALE 1' = 120• 00'24'27" E 25.00' m I Q I o PERPETUAL, NON - EXCLUSIVE SLOPE I n AND UTILITY EASEMENT NORTH LINE OF THE I ^ SLOPE AND NORTHWEST QUARTER I� - -- UTILITY EASEMENT OF SECTION 24 -48 -27 -��, (EXISTING CENTER LINE NO. 104 SUEZ OF OIL WELL ROAD) (1,1091 ACRES) w M I w ORANGETREE ASSOCIATES rn n (ROBERTO BOLLT, TRUSTEE) S 87'48127' W m I 0.38' z m S 00.51'53" E 1 z N 87.48'27" E I 50.01` 0.53" P.O.C. / SECTION 24 SECTION UNE NE CORNER OF SECTION 23 S 00.51'53" E SECTION 23 -48 -27 P.I. STATION 64 +83.59 1 P.O.B. I� ORANGETREE ASSOCIATES (ROBERTO BOLLT, TRUSTEE) I� NORTH UNE OF THE Lo 00 14 P.O.B. = POINT OF BEGINNING NORTHEAST QUARTER Ir �— 20.00' P.D.C. = POINT OF COMMENCEMENT R'- RADIUS OF SECTION 23 -48 -47 A ANGLE (EXISTING CENTER LINE U L a LENGTH OF OIL WELL ROAD) 3 Ch - CHORD Iw C9 - CHORD BEARING ^ IJ N 1N O.R. = OFFICIAL RECORDS Ct�� Jm CO R= 190.00' A= 17.19'01" OA L 57.42' of a. = > 1 z Ch = 57.21' 1 12 CS = S 71.43'44" E •J �^ 11 6 N0+1.76 60 +144.76 o A VALENCIA GOLF AND COUNTRY 50.00' r CLUB - PHASE 1A, 10 PLAT BOOK 42, PAGES 36 -41 SHEET 2 OF 2 8241ARCWAY CLIENT: COLUERCO. /CH2MHILL LY�.`I�L 4 M PHONE x2992 bBBM 5 Fac (ARI Y 5 -7o2B PROJECT: OIL WELL ROAD R.ORIOA CERRFlCATE OF A ORIZATON No. LB 8688 INTFANET 6RE HTIPJNVWW.MCHMCAEED.COM DATE APRIL 14, 2007 LEGAL DESCRIPTION AND SKETCH Slope and Utility Easement Parcel No. 105 SUET (This is not a Feld Survey) PERPETUAL. NON-EXCLUSIVE SLOPE AND UTILfTI' EASEMENT DESCRIPTION Agenda Item No. 10C ay 8, 2007 EXHtBITPag 61 of 234 Page of 7 A parcel of land lying In Sections 13 and 14, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 13; thence along the west line of said Section 13 N 00'11514" W for 50.00 feet to an intersection with the existing north right —of —way line of Oil Well Road (C.R. 858, 100 feet wide) and the Point of Beginning; thence leaving said west line and along said north right —of —way line S 89'35'33" W for 0.97 feet; thence continue along said north line S 87'48`27" W for 349.32 feet; thence leaving said north line N 02'11'33" W for 20.00 feet; thence N 87'48'27" E for 349.63 feet; thence N 89'35'33" E for 227.50 feet; thence S 00'24`27" E for 20.00 feet to the aforesaid north right —of —way line of oil Well Road; thence along said north line S 89'35'33" W for 226.22 feet to the Point of Beginning. Containing 11,536 square feet, more or less. Basis of bearings based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'35`33" E for the south line of the Southwest Quarter (SW 1/4) of Section 13, Township 48 South, Range 27 East, Collier County, Florida, said south line also being the existing center line of Oil Well Road. SHEET 1 OF 2 LEGAL DESORPTION AND SKEi PREPARED BY MOWM6CREED, PA STATE OF FLORIDA CEMMOAM OF AtRH RPo MON No. LB 0588. CIJENT'. COLLIER CD. /CH2MHILL PROJECT: OIL WEll ROAD JEFFREY M. - PRWFEBBKNJAL SURVEYORAND MAPPER PATE AFML14 SPATE OF FLORIDA REa15RiATON LICENSE Np. LS &988 ,2007 vi 8241 ARC WAY FORT MYERS, FLOIDA, 99812 1t11�•1V� ONE 27 Fu: SATE OF OR N 4 . -8 WIM FLORIDA RORIOA PLMORISATION No. LB 8888 V INTERNET 6RE: HITPJM'WvY.MCKMCREm.COM ERNET r7 LEGAL DESCRIPTION AND SKETCH F Slope and Utility Easement Parcel No. 105 SUET (this is not a Field Survey) S 00'24'27" E 20.00' 60 0 60 I AND UTILITY EASEMENT I SLOPE AND r UTILITY EASEMENT I N SCALE i" m 90' N DISTRICT SCHOOL w BOARD OF COLLIER COUNTY n BOARD OF O.R. BOOK 2961 � PAGE 2872 WIz z I PAGE 2872 WEST LINE OF SECTION 13 EAST LINE OF SEC11ON 14 N 00'11'14" W PERPETUAL, NON- EXCLUSNE SLOPE I AND UTILITY EASEMENT a SLOPE AND UTILITY EASEMENT I NO. 105 SUET (11,536± SQUARE FEET) w� I� IN DISTRICT SCHOOL BOARD OF m I COLLIER COUNT O.R. BOOK 2981 z I PAGE 2872 I N 02'11'33" W 20.00' �� I LINE O.R. BOOK 2981, PAGE N 0271'33" W O.R. BOOK 2229 PAGE 1040 P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT O.R. - OFFICIAL RECORDS 50.0' C n m N a0 N z N N M M3 n m W O ME I7 Agenda Item No. 10C 8, 2007 Page V2 of 234 SOUTH LINE OF THE !�- SOUTHWEST QUARTER OF SECTION 13 -48 -27 (EXISTING CENTER LINE a1 OF OIL WELL ROAD) r1 n� in rn n 0 M TA N M M E L0 00 U ❑m LL J J w i O 3 3 r N r a N v w V) w z 7 a 3 I LL 0 u EXHIBIT, Page � Of„ P.O.C. f- SW CORNER OF SECTION 13 -48 -27 N 0011'14" W 50.00' OD L0 U ❑ li J J W J 0 50.0' SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 14 -48 -27 (EXISTING CENTER LINE OF OIL WELL ROAD) SHEET OF 0241 AMC WAY OLIN: COLLIER CC. I CH IVHILL MD FORT MYER9, FLOAIOA, 93812 PHONE: (238) 2]596]6 Fex: R9in 2]6 -]� PMOJECT: OIL WELL ROAD VftARIDACFRIIICATEOFAUIHORIZ TION W. L96668 INTFANET 9ffE: HiTPJN✓WW.MCKIMCREEO.COM DATE,, APrIL14,2007 LEGAL DESCRIPTION AND SKETCH Slope and Utility Easement Parcel No. 105 SUE2 (This is not a Field Survey) PERPETUAL. NON - EXCLUSIVE SLOPE AND UTILITY EASEMENT DESCRIPTION Agenda Item No. 10C y 8, 2007 Page 3 of 234 EXHIBIT Page, 2� of A parcel of land lying in Section 13, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 13; thence along the west line of said Section 13 N 00'11'14" W for 50.00 feet to an intersection with the existing north right —of —way line of Oil Well Road (C.R. 858, 100 feet wide); thence leaving said west line and along said existing north right —of —way line N 89'35'33" E for 381.22 feet to the Point of Beginning; thence leaving said north right —of —way line N 00'24'27" W for 20.00 feet; thence N 89'3533" E for 999.97 feet; thence S 00"29'10" E for 20.00 feet to the aforesaid north right —of —way line of 011 Well Road; thence along said north line S 891533" W for 1000.00 feet to the Point of Beginning. Containing 20,000 square feet, more or less. Basis of bearings based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'35'33" E for the south line of the Southwest Quarter (SW 1/4) of Section 13, Township 48 South, Range 27 East, Collier County, Florida, said south line also being the existing center line of Oil Well Road. LEGAL D®CFIPTION AND 61 1-1 PREPARED 6Y Mm8M9,CREED, PA I CLIEM: COLLIER CO. f CH2MHILL 6TATE OF FLORIDA CERTIFICATE OF AU 10R 7IDN W. LB 6666. I/r Ap PROJECT: OIL WELL ROAD ���MI L- PROFF•EB610NAL SURJEVOR AND MAPPER DATE' APTIL14,2007 6241 ARC WAY raRT PHONE (2M 2 1 A 6 F . (ZM 21679028 �� FLORIDA CERTIFICATE OF Aa OR TION N0, LB 6968 INIERIJEr6RE: RTf➢lAWVWAI IACREEO.COM SHEET 1 OF 2 O.R. BOOK 1433 PAGE 509 N 00'29'10" W EAST LINE O.R. BOOK 2981. PAGE 2872 Agenda Item No. 10C y 8, 2007 EXHIBIT Page 4 of 234 ,2�Lof 1 S 00'29'10" E I J, I I S00.24'27 "E 2D.00' L 50.00' LEGAL DESCRIPTION AND SKETCH Slope and Utility Easement Wes'OOLL.IEROO. /CMMHILL /��,t���r��/� ■�e�� � &rvRMD Parcel No. 105 SUEZ ! w r (This is not a Field Survey) C, > INIEANET BILE: HT )NM .MONWCREED.COM N 00'24127" W PERPETUAL, PION- EXCLUSIVE SLOPE 20.00' L0 AND UTILITY EASEMENT ' F a 00 FD SLOPE AND n SOUTH LINE OF THE UTILITY EASEMENT �- - ^� L — U NO. 105 SUE2 BOARD OF O.R. BOOK 2981 (20,000± SQUARE FEET) OF SECTION 13 -48 -27 COLLIER COUNTY PAGE 2872 I w � ' o _J J M o LU M in M P.O.B. = POINT OF BEGINNING !7 w� 3 O1 120 0 1w Z M M SCALE 1' — 120' I M W P.O.C. !n 8291 ARC WAY Wes'OOLL.IEROO. /CMMHILL /��,t���r��/� ■�e�� � &rvRMD P.O.B. Lei iYL�i PHONE R39) 276- B076 Fmc (PSB)2]�pdB r FLORIOA CE RCATE OF AffllgliQA'IIDN No. lB 8880 INIEANET BILE: HT )NM .MONWCREED.COM N 00'24127" W 20.00' N N FD n SOUTH LINE OF THE DISTRICT SCHOOL L — SOUTHWEST QUARTER BOARD OF O.R. BOOK 2981 OF SECTION 13 -48 -27 COLLIER COUNTY PAGE 2872 I w (EXISTING CENTER LINE OF OIL WELL ROAD) M M P.O.B. = POINT OF BEGINNING !7 P.O.C. - POINT OF COMMENCEMENT I O1 O.R. = OFFICIAL RECORDS I Z P.O.C. WEST LINE OF SECTION 13 -- SW CORNER OF �� SECTION 13 -48 -27 EAST LINE OF SECTION 14 N 001114" W N 00'11'14" W DISTRICT SCHOOL O.R. BOOK 2981 50.00' BOARD OF COLLIER COUNTY I PAGE 2872 i SHEET 2 OF 2 8291 ARC WAY Wes'OOLL.IEROO. /CMMHILL /��,t���r��/� ■�e�� � &rvRMD Lei iYL�i PHONE R39) 276- B076 Fmc (PSB)2]�pdB PROJECT: OIL WELL f�AO FLORIOA CE RCATE OF AffllgliQA'IIDN No. lB 8880 INIEANET BILE: HT )NM .MONWCREED.COM DATE: AP71L14.2007 a Item No. 10C —lifty 8, 2007 Page V5 of 234 LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. 105 TDRE1 A (This is not a Field Survey) EXHIBITS tl DESCRIPTION Page iof,�_ A parcel of land lying in Section 14, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the southeast corner of said Section 14; thence along the east line of said Section 14 N 00"11'14° W for 50.00 feet to an Intersection with the existing north right —of —way line of Oil Well Road (C.R. 858, -100 feet wide); thence leaving said east line and along said north right —of —way line S 89'35'33" W for 0.97 feet; thence continue along said north right —of —way line S 87'48'27" W for 444.32 feet to the southwest corner of lands described in Official Records Book 2981, Page 2872, of the Public Records of Collier County, Florida, and the Point of Beginning; thence leaving said north line and along the west line of said lands N 02'11'33" W for 60.00 feet; thence leaving said west line N 87'48'27" E for 95.DO feet; thence S 02'11533" E for 60.00 feet to the said existing north right —of —way line of Oil Well Road: thence S 87'48'27" W for 95.00 feet to the Point of Beginning. Containing 5,700 square feet, more or less. Basis of bearings based on the Florida State Plane Coordinate System. East Zone, NAD 63/99 being S 87'4B'27" W for the south line of the Southeast Quarter (SE 1/4) of Section 14, Township 48 South, Range 27 East, Collier County, Florida. WEST LINE OF SECTION 13 EAST LINE OF SECTION 14 SCALE i" - 60' O.R. BOOK 2981 PAGE 2872 N 00'11'14° W 3 eo n M I� w ,N.1 iO a1 Z M 00 O.R. BOOK 2981 g N PAGE 2872 4I 0 TEMPORARY DRIVEWAY =� RESTORATION EASEMENT 60 NO. 105 TDRE1 PAGE 1040 (5,700-- SQUARE FEET) 60.00' \ S 02'11'33" E TEMPORARY DRIVEWAY RESTORATION EASEMENT < (DLISATION: 3 YEARS. _ _ w 3 P:O.B. = POINT OF BEGINNING ` N I N P.O.C. = POINT OF COMMENCEMENT b 0 O O.R. = OFFICIAL RECORDS � 7 R/W = RIGHT OF WAY rn Nnam &*�i�� �{ � mI m CATE aFAVM1gflRA'fIDN NP.LB 8998 Z 0 3 P.O.C. SE CORNER OF SECTION 14 -48 -27 SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 14 -48 -27 (EXISTING CENTER LINE _ OF OIL WELL ROAD) 00 LO 100 3 N a m • M rr U Cc J J tJ.l 0 WEST LINE O.R. BOOK 2981, PAUL Za/Z N 0271'33° W N "W 02'11'3 028mo.o' 60 O.R. BOOK 2229 PAGE 1040 SHEET 1 OF 1 LEGAL DESOMMON AND �H PFEPARm BY MogM6oREED, PA STATE OF RARmA CERTIFICATE of A Ol TION No, 189s", CLIENT: COLLIER CD. /CH2MHILL - 1_ nQ ^ �� "•- PROJECT: 011 WELL ROAD III JEFFPEY M. VnJL - Pi FEsstoNAL su^cN-'XEYORJ`-AFO MAPPER OATS APRL 14, 2007 i STATE OF FLORIDA fl 1871AMON LICE1,19E No. M 9360 Nnam &*�i�� �{ � 6241 ARC WAY PHON (239) 2]s- 15 F= mm vs-71 CATE aFAVM1gflRA'fIDN NP.LB 8998 . " INFLORIaAIEPNET IMEr SITE: FfTTPJNJ4WV.MCgMCRF.EO.COM Agenda Item No. 10C y 8, 2007 Page 6 of 234 "XHIB11 ige.� of LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. 105 TDRE2 (This is not a Field Survey) TEMPORARY DRIVEWAY RES70RA71ON EASEMENT PUII lops S YEWS DESCRIPTION A parcel of land lying in Section 13, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 13; thence along the west line of said Section 13 N 00'1114° W for 50.00 feet to an intersection with the existing north right —of —way line of Oil Well Road (C.R. 858, 100 feet wide); thence leaving said west line and along said existing north right —of —way line N 8935'33" E for 226.22 feet to the Point of Beginning; thence leaving said north right —of —way line N 00'24'27" W for 65.00 feet; thence N 89'35'33° E for 155.00 feet; thence S 00'24'27" E for 65.00 feet to the aforesaid north right —of —way line of Oil Well Road; thence along said north line S 8935'33" W for 155.00 feet to the Point of Beginning. Containing 10,075 square feet, more or less. Basis of bearings based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'35'33" E for the south line of the Southwest Quarter (SW 1/4) of Section 13, Township 48 South, Range 27 East, Collier County, Florida, said south line also being the existing center line of Oil Well Road. SHEET 1 OF 2 LEGAL OEBORIPRON AND 6IL<iDR PREPARED Br MO "CResD, PA BiAE O FLORIDA CERR OP AORIZATON N. R 69. XEN: COW CO./ . . If/ A/ /mss ' ) 7F0 �+l i9 PRWEOT: OIL WELL ROAD •e JEFFREY M. - PROFESSIONAL SURVEYOR AND MAPPER DATE: A I, 14, 2007 STATE0FRORIDAREOISYK N11ONLICENSENO.Le898B v,�(j y;\ * If'iT/T* � FURT FLORIO4,30112 r ��. t '� lVr'� 11/1 &� PFIONE fM1276 -6876 Fu 26B127G]02G 151 FLORIDA SATE OFAMORPAT/CN NO. Le B6B6 V ?:. INLERIVFr NEr Bf1E: HilP:lANWrV.MCgMCREED.�M -. O.R. 1300K 1433 PAGE 509 N 002910" W EAST LINE O.R. BOOK 2981, PAGE 2872 LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. 105 TDRE2 (This is not a Field Survey) 120 0 12D SCALE 1' = 120' DISTRICT SCHOOL O.R. BOOK 2981 BOARD OF PAGE 2872 COLLIER COUNTY I L IW z a LD 00 T m n LL pU w � h m i0 M J W J z W J 0 Agenda Item No. 10C 2007 EXHIBIT of 234 paged Al of SOO'24'27 "E 50.00' SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 13 -48 -27 (EXISTING CENTER LINE OF OIL WELL ROAD) S 89'35'33" w 155.00' P.O.B. S 00'24'27" E I It TEMPORARY DRIVEWAY 65.00' S2 RESTORATION EASEMENT SW CORNER OF NO. 105 TDRE2 SECTION 13 -48 -27 (10,075± SQUARE FEET) w N 0011 '14" W DISTRICT SCHOOL O.R. BOOK 2987 50.00' BOARD OF I PAGE 2872 TEMPORARY DRIVEWAY Q r RESTORATION EASEMENT n' e2n1 ARO wAV (DURATION: 3 YEARS •'- 1rr1QI.Y1V `„L�j�/ PHONE 29� 276 -SB 6 Fm 23G) 2 6 i02D p{EC O L WF1L FlOPD r INTERNE! 3RE: HTTPJMNNY.MpOMCREED.COM OATS: APTM1. i4, 2007 P.O.B. =POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT / w O.R. = OFFICIAL RECORDS N 00'24'27" w I iv 85.00' ;O N 10 C N Z Agenda Item No. 10C 2007 EXHIBIT of 234 paged Al of SOO'24'27 "E 50.00' SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 13 -48 -27 (EXISTING CENTER LINE OF OIL WELL ROAD) S 89'35'33" w 155.00' P.O.B. P.O.C. WEST LINE OF SECTION 13 SW CORNER OF SECTION 13 -48 -27 EAST LINE OF SECTION 14 N DO'11 "14" W N 0011 '14" W DISTRICT SCHOOL O.R. BOOK 2987 50.00' BOARD OF I PAGE 2872 COWER COUNTY I SHEET 2 OF 2 e2n1 ARO wAV CLIENT: COLLIER CO. /CH2MHILL ��T� �/^1(-/���� FORT MYERS. FLORI0433i12 1rr1QI.Y1V `„L�j�/ PHONE 29� 276 -SB 6 Fm 23G) 2 6 i02D p{EC O L WF1L FlOPD FLORIDA C6TRFlCATEOF AVIRORi2.4TON No. LB 6966 V INTERNE! 3RE: HTTPJMNNY.MpOMCREED.COM OATS: APTM1. i4, 2007 Agenda Item No. 10C T of 234 8, 2007 y Page 8 EXHIBI pew-21 O1� LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. 105 TDRE3 (Phis is not a Field Survey) TEMPORARY DRIVEWAY RESTORATION EASEMENT (DUlil 0sl: 3 YEARS.' DESCRIPTION A parcel of land lying in Section 13, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 13; thence along the west line of said Section 13 N 001114" W for 50.00 feet to an Intersection with the existing north right —of —way line of Oil Well Road (C.R. 858, 100 feet wide); thence leaving said west line and along said existing north right —of —way line N 8935'33" E for 1381.22 feet to the Point of Beginning; thence leaving said north right —of —way line N 00. 29'10" W for 58.00 feet; thence N 8935 "33" E for 94.50 feet to an intersection with the east line of lands described in Official Records Book 2987, Page 2872, of the Public Records of Collier County, Florida; thence along said east line S 00'29'10" E for 58.00 feet to the aforesaid north right —of —way line of Oil Well Road; thence leaving sold east line and along said north right —of —way line S 89'35'33" W for 94.50 feet to the Point of Beginning. Containing 5,481 square feet, more or less. Basis of bearings based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89.35'33" E for the south line of the Southwest Quarter (SW 1/4) of Section 13, Township 48 South, Range 27 East, Collier County, Florida, said south line also being the existing center line of Oil Well Road. SHEET 1 OF 2 UsO DEBCPPRON PREPARED DY MapM6CREED, PA STATE OF FUi CERTtRCATE OF AUTHOW2ATION W.196666. CLIENT: COLLIER CO. / CH2MHILL • : �, PROJECT: OIL WELL ROAD j. "1 JEFFREY M. 5111 - PROFESBIpJPJ- SURVEYOR AND MAPPER DATE: APRIL 14,2007 STATE OF FLORIDA REOI3RVaTxNJ LCESISE M. W6388 1 * FIC /( Pte/ REM W41 ARC WAY FORT MYERS, A, 36812 '. V'.• : 93% lYr'I��I�I�.(:%�r.(�r•rif PHONE:Q38127689]S Faz:lN 8/2]6-]028 FLORIDA OFAUTgRZATON Na. B65E6 OW ET STTE BJIEfiIVET &Te HRPJ/AhWN.MCgMCREm.COM O.R. BOOK 1433 S 00'29'10" E PAGE 509 58.00' N 00'29'10" W EAST LINE O.R. BOOK 2981, PAGE 2872 N 8935'33" E--'l 94.50' f TEMPORARY DRIVEWAY ! I RESTORATION EASEMENT N 00'29'10" W NO. 105 TDRE3 58.00` (5,481 ± SQUARE FEET) I TEMPORARY DRIVEWAY RESTORATION EASEMENT (OUgA'nC1* 3 YEW I I I LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. 105 TDRE3 (Phis is not a Field Survey) I I I 120 0 120 I SCALE 1' a 12V I I I i DISTRICT SCHOOL O.R. BOOK 2981 COLLIER COUNTY PACE 2872 L i P.O.B. = POINT OF BEGINNING P.O.C. - POINT OF COMMENCEMENT O.R. = OFFICIAL RECORDS I I I WEST LINE OF SECTION 13 EAST LINE OF SECTION 14 N 00'11'14" W DISTRICT SCHOOL O.R. BOOK 2981 BOARD OF PAGE 2872 COLLIER COUNTY Agenda Item No. 10C Wiqy 8, 2007 Page V9 of 234 S 00'24'27" E 94.50' S 89'35'33" W 94.50' P.O.B. EXHIBIT I P%wiRL P�Ige, ` of q iv N M I 00 ILD 00 U a < 4 a ❑ 1 v o 1 W I � M U11 tC �j m > P.O.C. SW CORNER OF SECTION 13 -4B -27 I N 00'11'14" W 50.00' i SHEET 2 OF 2 _ 8 1 A WAY CLIENT: COWER CO /0H2MHILL jVj"�j1VjV Mffi / PHONE M% 2 "M Fcc 2]6 -7028 PgOJECT. OIL WELL ROAD ,��_v' F MACERTIFICATEO AUIHOHQATION No. LB BBBB INIM ET BITE: H J~.Mmjivf EC-0.COM OATS: AP11L 14, 2007 P) ('1 SOUTH LINE OF THE m SOUTHWEST QUARTER OF SECTION 13 -48 -27 Z (EXISTING CENTER LINE OF OIL WELL ROAD) P.O.C. SW CORNER OF SECTION 13 -4B -27 I N 00'11'14" W 50.00' i SHEET 2 OF 2 _ 8 1 A WAY CLIENT: COWER CO /0H2MHILL jVj"�j1VjV Mffi / PHONE M% 2 "M Fcc 2]6 -7028 PgOJECT. OIL WELL ROAD ,��_v' F MACERTIFICATEO AUIHOHQATION No. LB BBBB INIM ET BITE: H J~.Mmjivf EC-0.COM OATS: AP11L 14, 2007 Agenda Item No. 10C 8, 2007 Page 0 of 234 LEGAL DESCRIPTION AND SKETCH Slope and Utility Easement Parcel No. 106 SUE EXHIBIT_ (This is not a Field Surrey) Paw. Of DESCRIPTION v A parcel of land lying in Section 13, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 13; thence N 89'35'33" E along the south line of the Southwest Quarter (SW 1/4) of said Section 13, said south line also being the existing center line of Oil Well Road (C.R. 858), for 1475.91 feet; thence leaving said south line N 00'24'27" W for 50.00 feet to on intersection with the existing north right —of —way line of said Oil Well Road and the Point of Beginning, said point also being the southwest corner of lands described in Official Records Book 1433, Page 509, of the Public Records of Collier County, Florida; thence leaving said north right —of —way line and along the west line of said lands N 00'29'10" W for 20.00 feet; thence leaving said west line N 89'35'33" E for 150.19 feet to an intersection with the east line of said lands; thence along sold east line S 00'29'15" E for 20.00 feet to the southeast corner of said lands and to an intersection with the aforesaid north right —of —way fine of Oil Well Road; thence leaving said east line and along said north right —of —way line S 89'35'33" W for 150.19 feet to the Point of Beginning. Containing 3,004 square feet, more or less. Basis of bearings based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'35'33" E for the south line of the Southwest Quarter (SW 1/4) of Section 13, Township 48 South, Range 27 East, Collier County, Florida. O.R. BOOK 2981 PAGE 2872 4D o eo SCALE I" = 40' 20.00' N 00.29'10" W - WAY LINE i S 89'35'33" W 150.19' 3 i 3 P.O.B. n PERPETUAL. NON - EXCLUSIVE SLOPE o r 0 o I AND UTILITY EASEMENT N o zz z N 89'35'33" E 1475.91' P.O.C. SW CORNER OF SECTION 13 -48 -27 P.I. STATION 64 +83.59 N 89'35'33" E 150.19' OIL WELL RD. (C.R. 858) SOUTH UNE OF THE SOUTHWEST QUARTER OF SECTION 13 -48 -27 (EXISTING CENTER LINE OF OIL WELL ROAD) P.O.B. - POINT OF BEGINNING P.O.C.. POINT OF COMMENCEMENT P.B. - PLAT BOOK PG. = PAGE O.R. = OFFICIAL RECORDS SHEET OF LEGAL OESORIPWN AND SKErc l PREPARED BY Md8M6CREED, PA COLLIER CO. i CH2MHILL STATE OF FLORM CERIFIICATE OF AURIORRATIDN NP LB 8608. PROJECT: O,t WELL ROAD JFFFREY�/.,.'6TL1 `- P•TROFESSID SURVEYCRANOMAPPER DATE: APRIL IS. 2007 8241 AFC WAY �_ 1\ �/'�* /( �J� FOFTMYEF6� (239)DA.99812 © j�/,�'� 1�Ij(�" PHONEE OFA8-BBT6FII(N 2]68526 FLORIDAERNIFTISM' OF AMIHORPMCMN5.LB0010 INTERNET BRE: HrtPJM�W W.MCKIMCFFED.COM m m o� n PJ 3 w � Y o O.R. BOOK 1433 10 oo w PAGE 509 m N N �a 0 0 O SLOPE AND 0 UTILITY EASEMENT w NO. 106 SUE (3,004= SQUARE FEET) Co m O I`1 N O O N 89'3533" E 150.19' �? RIGHT —OF —WAY LINE WAY LINE i S 89'35'33" W 150.19' 3 i 3 P.O.B. n PERPETUAL. NON - EXCLUSIVE SLOPE o r 0 o I AND UTILITY EASEMENT N o zz z N 89'35'33" E 1475.91' P.O.C. SW CORNER OF SECTION 13 -48 -27 P.I. STATION 64 +83.59 N 89'35'33" E 150.19' OIL WELL RD. (C.R. 858) SOUTH UNE OF THE SOUTHWEST QUARTER OF SECTION 13 -48 -27 (EXISTING CENTER LINE OF OIL WELL ROAD) P.O.B. - POINT OF BEGINNING P.O.C.. POINT OF COMMENCEMENT P.B. - PLAT BOOK PG. = PAGE O.R. = OFFICIAL RECORDS SHEET OF LEGAL OESORIPWN AND SKErc l PREPARED BY Md8M6CREED, PA COLLIER CO. i CH2MHILL STATE OF FLORM CERIFIICATE OF AURIORRATIDN NP LB 8608. PROJECT: O,t WELL ROAD JFFFREY�/.,.'6TL1 `- P•TROFESSID SURVEYCRANOMAPPER DATE: APRIL IS. 2007 8241 AFC WAY �_ 1\ �/'�* /( �J� FOFTMYEF6� (239)DA.99812 © j�/,�'� 1�Ij(�" PHONEE OFA8-BBT6FII(N 2]68526 FLORIDAERNIFTISM' OF AMIHORPMCMN5.LB0010 INTERNET BRE: HrtPJM�W W.MCKIMCFFED.COM LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 1 OB FEE (This is not a Field Survey) FEE SIMPLE INTEREST DESCRIPTION EXHIBIT_ Page 3L of—!# Agenda Item No. 10C V 8, 2007 Paae Paae 1 of 234 A parcel of land lying In Section 13, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the southeast corner of said Section 13; thence S 88'50'05" W along the south line of the Southeast Quarter (SE 1/4) of said Section 13, said south line also being the existing center line of Oil Well Road (C.R. 858). for 2.10 feet; thence leaving said south line N 01'09'55" W for 50.00 feet to on intersection with the existing north right —of —way line of said Oil Well Road and to the southeast corner of Orange Blossom Ranch Phase 1A subdivision as shown In Plat Book 45, pages 58 -61, of the Public Records of Collier County, Florida; thence S BB'50'05" W along said north right —of —way line, and along the south line of said subdivision, for 1856.23 feet to the southwest corner of said subdivision and the Point of Beginning; thence leaving said south line and continuing along said north right —of —way line S 88'50'05" W for 821.79 feet; thence continue along said north right —of —way line S 89'35'33" W for 1051.55 feet to the southwest corner of lands described in Official Records Book 3098, Page 3331, of the said Public Records of Collier County, thence leaving said north right —of —way line N 00'2915" W along the west line of said lands for 75.00 feet; thence leaving said west line N 89'35'33" E for 1051.16 feet; thence N 88'50'05" E for 867.94 feet to an intersection with the westerly boundary of said Orange Blossom Ranch Phase 1A subdivision; thence S 00'04'58" W along said westerly boundary for 30.01 feet; thence continue along said westerly boundary S 44'27231" W for 64.34 feet to the Point of Beginning. Containing 3.280 acres, more or less. Basis of bearings based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being S 88'50'05" W for the south line of the Southeast Quarter (SE 1/4) of Section 13, Township 48 South, Range 27 East, Collier County, Florida. SHEET 1 OF 2 LEOAL OESOII R AND SKETCH PREPARED eY McKIM&CREEO, PA STATE OF ROR A IDA CERTIFICATE OF HORRATION No. 1.88666. OLIEM: COLLIER CO. /CH2NpiILL / e PROJECT: OIL WELL ROAD � JEFFREY . e - PRO_ F ®BIONAI. SURVEYOR AND MAPPFA DATE; APRIL 14, 2007 N +Y d �..�L EED 6241 ARC WAY F9RTMYERS. FLORIDA, 93812 PHONE: E OF 278 OR Fan: N No L6- >@D F1aRI0A ERNET CERTIFICATE OF AViHORVATON Na. LB 6588 INiF38JET BITE: HITPJMMhV.MCpMCREm.COM tXhiIBIT " 01' 09'55' W 5°.00' Pegg_ Of SOUTHEAST CORNER OF ORANGE BLOSSOM RANCH ORANGE BLOSSOM RANCH PHASE to PHASE 1A SUBDIVISION PLAT BOOK 45, PAGES 58 -51 RIGHT -OF -WAY LINE HAWTHORN ROAD S 00'04'58" W 30.01' WESTERLY LINE OF ORANGE BLOSSOM RANCH i PHASE 1A SUBDIVISION i t i U a F5 rnI n 1 mt � LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 108 FEE (This is not a Field Survey) wl oI to 0 0 Y 0z w Z N 20p 0 200 SCALE 1" = 200' 75.00' —� N 00'29'15" W O.R. BOOK 1433 N 00'29'15" W PAGE 509 75.00' Agenda Item No. 10C y 8, 2007 P.O.C. Page 2 of 234 SE CORNER OF SECTION 13 -48 -27 P.I. STATION 118+41.99 S 88'50'05" W 2.10' - 5 88'50'05" W 1856.23' S 44'27'31" W 54.34' P.O.B. SOUTHWEST CORNER OF ORANGE BLOSSOM RANCH PHASE 1A SUBDIVISION 3 S01'09'55 "E 50.00' r SOUTH LINE OF THE ~� SOUTHEAST QUARTER OF SECTION 13 -48 -27 (EXISTING CENTER LINE OF OIL WELL ROAD) w 0 J z p0 i I o U u J J o ,J r. 3 3 i0 "1 M n 01 M In m m 6241 ARC WAY FORTM S.FLORIDA.3w12 (2OF 276-0878 Foc Q9W 2'LB ] FLORIDA CERTIFICATE OF AUTFIOR MCMM N6. D 6660 INTERNET 6ITE HiTPJ/MMAM1'.MCpMCREED.WM e SOUTH QUARTER CORNER OF SECTION 13 -48 -27 P.I. STATION 91 +61.57 SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 13 -48 -27 (EXISTING CENTER LINE OF OIL WELL ROAD) S00'24'27 "E 50.00' SHEET 2 OF 2 CLIENT: COLUEROC. I CHWHILL PROJECT: OIL WELL R DATE: APRIL 14, 2007 FEE SIMPLE INTEREST 108 FEE 3.280± ACRES O �I0 �I O.R. BOOK 3098 PACE 3331 w� hl M. �I W� P.O.B. POINT OF BEGINNING z' P.O.C. - POINT OF COMMENCEMENT ' R RADIUS - ANGLE L- L LENGTH CHORD I 0 CHORD BEARING O. . R. OFFICIAL RECORDS � N 00'29'15" W O.R. BOOK 1433 N 00'29'15" W PAGE 509 75.00' Agenda Item No. 10C y 8, 2007 P.O.C. Page 2 of 234 SE CORNER OF SECTION 13 -48 -27 P.I. STATION 118+41.99 S 88'50'05" W 2.10' - 5 88'50'05" W 1856.23' S 44'27'31" W 54.34' P.O.B. SOUTHWEST CORNER OF ORANGE BLOSSOM RANCH PHASE 1A SUBDIVISION 3 S01'09'55 "E 50.00' r SOUTH LINE OF THE ~� SOUTHEAST QUARTER OF SECTION 13 -48 -27 (EXISTING CENTER LINE OF OIL WELL ROAD) w 0 J z p0 i I o U u J J o ,J r. 3 3 i0 "1 M n 01 M In m m 6241 ARC WAY FORTM S.FLORIDA.3w12 (2OF 276-0878 Foc Q9W 2'LB ] FLORIDA CERTIFICATE OF AUTFIOR MCMM N6. D 6660 INTERNET 6ITE HiTPJ/MMAM1'.MCpMCREED.WM e SOUTH QUARTER CORNER OF SECTION 13 -48 -27 P.I. STATION 91 +61.57 SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 13 -48 -27 (EXISTING CENTER LINE OF OIL WELL ROAD) S00'24'27 "E 50.00' SHEET 2 OF 2 CLIENT: COLUEROC. I CHWHILL PROJECT: OIL WELL R DATE: APRIL 14, 2007 LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 109 FEE (This is not a Field Survey) FEE SIMPLE INTEREST DESCRIPTION EXHIBIT Page of A parcel of land lying in Section 24, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the northwest corner of said Section 24; thence N 89'3533" E along the north line of the Northwest Quarter (NW 1/4) of said Section 24, said north line also being the existing center line of Oil Well Road (C.R. 858), for 1928.32 feet; thence leaving sold north line S 00'24'27" E for 50.00 feet to an intersection with the existing south right —of —way line of said Oil Well Road and the Point of Beginning, said point also being the northwest corner of lands described in Official Records Book 3098, Page 3336, of the Public Records of Collier County, Florida; thence N 89'3533" E along said south right —of —way line for 719.99 feet to the northeast corner of said lands; thence leaving said south right —of —way line S 00'2916" E along the east line of said lands for 25.00 feet; thence leaving said east line S 89'35'33" W for 720.02 feet to an intersection with the west line of said lands; thence N 00'24'27' W along said west line for 25.00 feet to the Point of Beginning. Containing 18,000 square feet (0.413 acres), more or less. Basis of bearings based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 8935'33" E for the north line of the Northwest Quarter (NW 1/4) of Section 24, Township 48 South, Range 27 East, Collier County, Florida. LEGAL DMORIP110N AND SMTCH PREPA 6Y MWM6CREE0, PA MT OF FLORIOA OERiIFICAM OF AUTHORIZATION No. La 8688. /1�1. CLIENT: COLLIER CO. I CH2MHI11L I PROJECT: OIL MIEI..L ROAD I DATE: A L 14, 2007 8241 ARC WAY PHONE: (230) 276 7611 (2 VT 7= URMA&CREM V fl ORSM CERnnOATE OFAV HOR T.ATON NO B 6588 MI IFFB :H JANNN✓.MCI@ACREED.COM a Item No. 10C P 8, 2007 Page age V3 of 234 SHEET 1 OF 2 NORTH QUARTER CORNER OF SECTION 24- -48 -27 P.I. STATION 91 +61.57 S00'24'27 "E 50.00' 00 co O Cc J J w 7 J_ NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 24 -48 -27 (EXISTING CENTER LINE OF OIL WELL ROAD) w in m w z w N Q w0 N P.O.C. NW CORNER OF SECTION 24 -48 -27 P.I. STATION 64+83.59 z 3 0 Q� rn of n w ih M N FA a Item No. 10C 118, 2007 Page t4 of 234 S 00'2916" E O.R. BOOK 3098 PAGE 3339 25.00' S 00'29'16" E LA51 UNL V.H. BOOK 3U96, PAGE 3336 LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 109 FEE (This is not a Field Survey) I I I ea w SCALE 1' - 80' N O 0 N n I 109 FEE FEE SIMPLE INTEREST I I 18,000± 3 SQUARE FEET M I in I o, W N I O.R. BOOK 3098 PACE 3335 II w� N 00'24'27" W \ 25.00' nn n N l 00'24 50.00' m m 50.00' Z RIGHT -OF -WAY LINE N 00'24'27' W ORANGETREE ASSOCIATES (ROBERTO BOLLT, TRUSTEE) P.O.B. - POINT OF BEGINNING P.O.C. -POINT OF COMMENCEMENT R RAOIus 4 - ANGLE L - LENGTH Ch - CHORD CB - CHORD BEARING O.R. - OFFICIAL RECORDS SHEET 2 OF 2 �1�'v ���RryY��K/�T�,��n n`nM�■/!l�11ff�Kff�� -ym.I t,-�■ B24 /MO WAV CLIENT' COLLIER 00.1 CH2MHILL 44L N KMI � REM PHONE: (23EJ 2698]6 Fp0 ([3PI2j6e]OYB pgpJECI: OIL WELL ROAD FLORIOA OE OATS OF AUTHBRIZAMN No. LB WW INTERNET BRE HtTPJhWIVV.MCIOMCREED.GOM DAM APRIL 14,20G7 LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 110 FEE (Ibis is not a Field Survey) FEE SIMPLE INTEREST DESCRIPTION Agenda Item No. 10C 8, 2007 Page 15 of 234 7XHIBIT i- age of A parcel of land lying in Section 24, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the northwest carrier of said Section 24; thence N 8935'33" E along the north line of the Northwest Quarter (NW 1/4) of said Section 24, said north line also being the existing center line of Oil Well Road (C.R. 858), for 1928.32 feet; thence leaving said north line S 00'24'27' E for 50.00 feet to an intersection with the existing south right —of —way line of sold Oil Well Road; thence N 89'35'33" E along said south right —of —way line for 719.99 feet to the northwest corner of lands described in Official Records Book 3098, Page 3339, of the Public Records of Collier County, Florida, and the Point of Beginning; thence continue along said south right —of—woy line N 89'35'33" E for 30.00 feet; thence continue along said south right —of —way line N 88'50'05' E for 609.36 feet to the northwest corner of Orange Blossom Ranch Phase 1B subdivision as shown in Plat Book 45, Pages 67 -71, of the said Public Records of Collier County, thence leaving said south right —of —way line S 01'09'55" E along the westerly boundary of said subdivision for 25.00 feet; thence leaving said westerly boundary S 88'50'05" W for 609.52 feet; thence S 89'35'33" W for 3D.13 feet to an Intersection with the west line of aforesaid lands; thence N 00'29'16" W along said west line for 25.00 feet to the Point of Beginning. Containing 15,988 square feet (0.367 acres), more or less. Basis of bearings based an the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'35'33" E for the north line of the Northwest Quarter (NW 1/4) of Section 24, Township 48 South, Range 27 East, Collier County, Florida. SHEET 1 OF 2 LEBAL DE IMMON AND SQ 'OH PREPARED BY MdOMbCREED, PA CLIENT. OOLLIER CO. / OH MHILL • •. STATE OF FLORIDA CERMMCATE OF AaTFbR TON No. LB BS9& i 1Ii /e ) PROJECT: OILWELLROAD '�' • � � ; JEFFREY M. &hLL - PRQ4BSION41 suR OR AND MAPPEA DATE: APRIL 14, 2007 STATE OF FLORIDA REeIBiPAT10N LIOENSE NP. IS MM 1 fib 6241 ML` WAY � � FORT �. ORIDA, 33912 PHO NE: (23 276- 75 Fav �aW 27570 FLOHIO4 CERTFICATE OFAUMDW2ATON NO. LB 6586 W MET BITE: HTTPIMMM1Y.MCN]NICREED.COM NORTHWEST CORNER OF a F PLAT BOOK 45. PAGESC67P71 SE 7B ORANGE BLOSSOM RANCH PHASE 1B SUBDIVISION v v ¢ a S01'09'55 "E L- 50.00' `0 ZW I � XHIBIT A 3 I � Q 1 w o to m I� � I NORTH LINE OF THE NORTHEAST QUARTER w 3 OF SECTION 24 -48 -27 (EXISTING CENTER LINE o 1 OF OIL WELL ROAD) 0 w � o 00 w m z z J w m N 8935133" E 30.00' _ NORTH QUARTER CORNER OF SECTION 24 -48 -27 P.I. STATION 91 +61.57 S00'24'27'E 50.00' S 01'09'55" E 25.00' Agenda Item No. 10C 8, 2007 Page 6 of234 TRACT "L -10" WESTERLY LINE OF ORANGE BLOSSOM RANCH PHASE 18 SUBDIVISION LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 110 FEE (rhis is not a Field Survey) 80 0 80 SCALE 1" = 80' O.R. BOOK 3098 PAGE 3339 t►— 25.00' 1 I 15,988± 110 FEE SQUARE FEET FEE SIMPLE INTEREST I S 8935'33" W 30.13' iN 00.29'15" W m of � P.O.B. NORTH LINE OF THE z NORTHWEST QUARTER OF SECTION 24 -48 -27 (EXISTING CENTER LINE OF OIL WELL ROAD) �,� w j— RIGHT -OF -WAY LINE nM P.O.C. SOG'2427 "E NW CORNER OF m I 50.00' SECTION 24 -46 -27 z 3339 O.R. BOOK 3098 PAGE 3336 P102. - POINT OF BEGINNING P.O.C. -POINT OF COMMENCEMENT R - RADIUS A e ANGLE L a LENGTH Ch = CHORD CB - CHORD BEARING O.R. = OFFOAL RECORDS Y SHEET 2 OF 2 �T /����K///,����n /`' (��y///���� 8241 ARC WAY CLIENT: OCCUER CO.ICWVHILL i M 0M V � PHONE: (239) T/6 75 Fu. 123 72 6] , PROJEOP. OIL WELL RD v PLO WDA CFRIIFICA7E OF AMIORIZAT IN No L6 BS00 INURNET SITE- HTIP: /VWWW.MCpMC O.CCW DAM: APRIL 14,2007 PROJECT NO. 60044 PROJECT PARCEL NO. 111 FEE FEE SIMPLE INTEREST EXHIBI Page 77 T p"e-3 of C LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE SOUTH 50 FEET OF TRACT 2, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.442 ACRES, MORE OR LESS. WEST PROPERTY LINE TRACT 2 FEE SIMPLE INTEREST _.._.._.._.._.._..�.. PROPOSED ADDITIONAL RIGHT -OF -WAY (51) FEET) PROPERTY LINE NOT TO SCALE M FEET EAST PROPERTY LINE N O R T H Collier Comtty TrenspoN on Engineenng 8 Consnum M nagemenl DepsNnem 00/17/0712:06 PM 10C 007 234 Agenda Item No. 10C y 8, 2007 EXHIBIT Page 8 of 234 pW-e," 011`24� LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. 111 TDRE (This is not a Field Survey) DESCRIPTION The West 36.0 feet of the East 166.0 feet of the North 40.0 feet of the South 90.0 feet of Tract 2, Golden Gate Estates, Unit No. 64, as recorded in Plat Book 7, Page 64 of the Public Records of Collier County, Florida. Containing 1,440.0 square feet, more or less. N 89'40'50" W 385.0' BEARINGS AND DIMENSIONS SHOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 64, COLLIER COUNTY, FL. TRACT.EMPORARY DRIVEWAY LEGAL DESCRIPTION AND GI H PREPARED SY Mc M6CAEED, PA 1' LLI RESTORATION EASEMENT STATE OF FLORIDA OEFMFICATE OF AUTHORIZAT No. W8588, 0 CLIENT: COLLIER CO. / CH2MHILL . , (DUf'{ATION: S YEARS - o /(J� z I TEMPORARY DRIVEWAY DATE: APTIL t8, 200] STATE OF FLORIDA REOISTPATION LICENSE No, L3888S W RESTORATION EASEMENT 8261 ARC WAY FORTMYE3i5, FLORIDA. 33812 U) NO. 111 TORE 3 Co (1,440± SQUARE FEET I w o 0 I o 36.0' Co b C• , o T °0 NOT TO SCALE 130.0' z _ PROPOSED RIGHT -OF -WAY LINE o o EXISTING RIGHT -OF -WAY LINE S 89'31'10" E 385.0' OIL WELL RD. (C.R. 858) (100' RNV) BEARINGS AND DIMENSIONS SHOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 64, COLLIER COUNTY, FL. SHEET I OF 1 LEGAL DESCRIPTION AND GI H PREPARED SY Mc M6CAEED, PA STATE OF FLORIDA OEFMFICATE OF AUTHORIZAT No. W8588, CLIENT: COLLIER CO. / CH2MHILL PROJECT: OIL WELL ROAD /(J� — �,��((f/_.(�1[ JFFYREY M. WLl-PROFE ONALS MAPPER DATE: APTIL t8, 200] STATE OF FLORIDA REOISTPATION LICENSE No, L3888S 8261 ARC WAY FORTMYE3i5, FLORIDA. 33812 PHDNE: (2n) 27& 75 Fax: (Mg) 2i5-71M6 FLOPoDA CERRROATE OFAViHDIRATIDN Na LB 8588 INrE7dJEf SITE: HiTPJA4W WMOWMCREED COM .. PROJECT NO. 60044 PROJECT PARCEL NOS. 112 FEE FEE SIMPLE INTERESTS EXHIB TA Page Pa, Of (Q LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE NORTH 21 FEET OF TRACT 1A, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.186 ACRES, MORE OR LESS. FEE SIMPLE INTEREST N O R T H NOT TO SCALE CoPmr Cm M Tens natty Erginea�ng & Gcnst dcri Management De went 04IM0712:07 PM I oc 007 234 PROJECT NO. 60044 EMIBIT� Page PROJECT PARCEL NO. 113 FEE FEE SIMPLE INTEREST Pege46 Of d LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE SOUTH 50 FEET OF TRACT 15, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.379 ACRES, MORE OR LESS. TRACT 15 FEE SIMPLE INTEREST PROPOSED ADDITIONAL RIGH -OF WAY (50 FEET) 50 FEET NOT TO SCALE N O R T N Collier County Tronspomlion Englneemw & Constmc n Managemeei DeoaNnero 04!1710712:07 PM 10C ?007 234 PROJECT NO. 60044 PROJECT PARCEL NO. 115 FEE FEE SIMPLE INTEREST ag EXHIBIT P e 81 Page 41 pf, f , LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE SOUTH 50 FEET OF TRACT 18, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7. PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.379 ACRES, MORE OR LESS. TRACT 18 FEE SIMPLE INTEREST PROPOSED ADDITIONAL RIGHT OF -WAY (50 FEET) EXISTING OIL WELL ROAD RIGHT-OF-WAY LINE NOT TO SCALE 50 FEET N O R T H Coder Cou* Tmnspataeon Engineennp& Conmdion Management Ocpe ent 0417107 12 ',05 PM 10C '007 234 PROJECT NO. 60044 Page PROJECT PARCEL NO. 116 FEE EXHIBIT FEE SIMPLE INTEREST Page -/Q 1 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE NORTH 21 FEET OF TRACT 16A, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. CONTAINING 0.159 ACRES, MORE OR LESS. FEE SIMPLE INTEREST N O R T H NOT TO SCALE Collier Camty Tmnspoitatlon Eneineeny & Core uolwn Maugemenl Oep wenl 04120107 11:34 AM 10C M07 234 PROJECT NO. 60044 PROJECT PARCEL NO. 117 FEE FEE SIMPLE INTEREST LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) EXHIBIT A Pa9®—u- of THE SOUTH 50 FEET OF TRACT 31, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.379 ACRES, MORE OR LESS. TRACT 31 FEE SIMPLE INTEREST — .._.._.._.._.._..1.. PROPOSED ADDITONAL RIGHT-OF -WAY (50 FEET) 50 FEET N O R T H NOT TO SCALE Page Collier Cony Tmnsmlalnn Engineenng & Conshrrim Management Depetlmenl 04/1710712:11 PM 10C ?007 234 Agenda Item No. 10C 8, 2007 EXHIBIT Page 4 of 234 Page of yjl� LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. 117 TDRE (This is not a Field Survey) DESCRIPTION The West 32.5 feet of the East 113.5 feet of the North 30.0 feet of the South 80.0 feet of Tract 31, Golden Gate Estates, Unit No. 64, as recorded in Plat Book 7, Page 64 of the Public Records of Collier County, Florida. Containing 975.0 square feet, more or less. N 89'40150" W 330.0' N TRACT 31 TEMPORARY DRIVEWA 0o RESTORATION EASEME (OURAT!CIN: 3 YEARS - MTE OF R-OROA CER RCATE OF AfRHCRQATON No. LB 8608. CLIEM: COWER CO. /CH2MHILL TEMPORARY DRIVEWAY PROJECT: OILWELLROAD RESTORATION EASEMENT NO. 117 TDRE JEFFFTEV M. PR�OFE98 6UFlVEYOR ANp MAPPETi (975± SQUARE FEET) 0 SFATE OF FLORDp REDISTPATgN LICENSE No. L38380 0 0 \ 32.5' or - -1 o rn _ 1.0_ _ 8 PHONE: F 2]6-]029 PROPOSED RIGHT -OF -WAY LINE E OF2]BAB]6 FLORIDA CFRfIFlCATE OFAURIDRRATON N6, LB 0588 n N N o o 0 d EXISTING RIGHT -OF -WAY LINE 1° S 8931'10" E 330.0 OIL WELL RD. (C.R. 858) (1001 RAW) BEARINGS AND DIMENSIONS SHOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 64, COLLIER COUNTY, FL. 0 0 0 NOT TO SCALE SHEET 1 OF 1 LEGAL DESCRIPTION AND SI CH PREPAREDfi MMMBCREED. PA MTE OF R-OROA CER RCATE OF AfRHCRQATON No. LB 8608. CLIEM: COWER CO. /CH2MHILL PROJECT: OILWELLROAD G�LL�- /IpNAL' JEFFFTEV M. PR�OFE98 6UFlVEYOR ANp MAPPETi DATE: APRL 18, 20D7 SFATE OF FLORDp REDISTPATgN LICENSE No. L38380 F: * �/�* [1�� 8241 ARC WAY FCRFMYERS, RORDA, 33812 {,V,('A 1�/1C7 PHONE: F 2]6-]029 E OF2]BAB]6 FLORIDA CFRfIFlCATE OFAURIDRRATON N6, LB 0588 n N N IN11JiNEF SRE RTIP/AMMY.MCgMCRk�D.COM PROJECT NO. 60044 PROJECT PARCEL NO. 118 FEE FEE SIMPLE INTEREST Page EXHIBIT A Pvlge-iL of—Z-4- LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE NORTH 21 FEET OF TRACT 17A, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.159 ACRES, MORE OR LESS. FEE SIMPLE INTEREST N O R T H NOT To SCALE Collier Comity Transpenation Engineerng 6 Cons cltoo Monagerml Deparhrent 04117W 1295 PM 10C 007 234 May PROJECT NO. 60044 Page 86 f PROJECT PARCEL NO. 119 FEE EXH1131T A FEE SIMPLE INTEREST Page_:jo of (Q LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE SOUTH 50 FEET OF TRACT 34, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. WEST PROPERTY LINE CONTAINING 0.379 ACRES, MORE OR LESS. TRACT 34 FEE SIMPLE INTEREST .. — -- .._.._.._..i.. PROPOSED ADDITIONAL RIGHT -0F -WAY (51) FEET) NOT TO SCALE 5D FEET N O R T Fl Collier County Tmnspmtalbn Ergmem V & Const uobon Management Department W171071294 PM 10C 007 234 PROJECT NO. 60044 PROJECT PARCEL NO. 120 FEE FEE SIMPLE INTEREST r enaa item 1,4 ay Page 87 f EXHIBIT Page of 1 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE NORTH 21 FEET OF TRACT 32A, AND THE NORTH 21 FEET OF TRACT 33A, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. CONTAINING 0.318 ACRES, MORE OR LESS. FEE SIMPLE INTEREST N O R T H NOT TO SCALE Collier Countf'mnsporwiim Engineering B Construction Management Department 0411 7107 12 04 PM 10C 007 234 EXHIB , Page LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. 120 TDRE1 (This is not a Field Survey) DESCRIPTION The West 27.0 feet of the South 24.5 feet of the North 45.5 feet of Tract 32A, Golden Gate Estates, Unit No. 64, as recorded in Plat Book 7, Page 64 of the Public Records of Collier County, Florida. Containing 861.5 square feet, more or less. OIL WELL RD. (C.R. 858) (1001 RAM EXISTING RIGHT -OF -WAY LINE S 89'3110" E 330.0' — 21.0'_ - -�- _,,.. - STATE OF FL0010A OERTFICATE OF AUR1pRRAT1ON NG W BB66. _ _ _21.0' PROPOSED RIGHT -OF -WAY LINE J Rte' CLIENT: COLLIER CO. / CH2MHILL - 24.5' TEMPORARY DRIVEWAY PROJECT: OIL WELL ROAD RESTORATION EASEMENT JEFFREY M. T6L- FESSIONAL SURVEYOR AND MAPPER (DUF;ATION: 3 YEARS m N N 217 0' TEMPORARY DRNEWAY 6241 ARC WAY 33812 FORT8875 RESTORATION EASEMENT F CST 27, -]520 PHpJEEOFAI,ITHO5Fu (N NO. 120 TDRE1 w (661.5± SQUARE FEET) � o ' 0 m m 0 TRACT 32A o 0 z N N 69'40'50" W 330.0' BEARINGS AND DIMENSIONS SHOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 64, COLLIER COUNTY, FL. Agenda Item No, 10C 8, 2007 A Page N8 of 234 NOT TO SCALE SHEET 1OF1 LEQ OESCNFION AND SKETCH PREPARED BY M=M&CREED, PA _,,.. - STATE OF FL0010A OERTFICATE OF AUR1pRRAT1ON NG W BB66. CLIENT: COLLIER CO. / CH2MHILL - ^� PROJECT: OIL WELL ROAD JEFFREY M. T6L- FESSIONAL SURVEYOR AND MAPPER DATE: APRL 16, 2007 STATE OF FLORIDA REOL9TRATION LICENSE No. LS 86 * f/T* &� 6241 ARC WAY 33812 FORT8875 j�/r'A lye, F CST 27, -]520 PHpJEEOFAI,ITHO5Fu (N N2]6 FLORIDA OFAUTHORO:nATgN NP.IH 8366 INTERNET INTERNET 6RE HfiPJAYWVl.MCMMCREED.CAM ,__, _.. EXHIBIT Pege-�Al— LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. 120 TDRE2 (This is not a Field Survey) DESCRIPTION Agenda Item No. 10C 8, 2007 Page of 234 The East 38.5 feet of the West 177.5 feet of the South 10.0 feet of the North 31.0 feet of Tract 33A, Golden Gate Estates, Unit No. 64, as recorded in Plat Book 7, Page 64 of the Public Records of Collier County, Florida. Containing 385.0 square feet, more or less. OIL WELL RD. (C.R. 858) (100' RAW) EXISTING RIGHT -OF -WAY LINE S 89'31'10" E 330.0' -� -- 21.0' _ _ 21.0' - 139.0' 10.0' 38.5. 10.0 ro v N PROPOSED RIGHT -OF -WAY LINE TEMPORARY DRIVEWAY w RESTORATION EASEMENT NO. 120TDRE2 (385.0 SQUARE F�ETj m TEMPORARY DRIVEWA o RESTORATION EASEMENT o p1j9ATIQN: 3 YEARS RACT 33A z N 89'40`50" W 330.0 BEARINGS AND DIMENSIONS SHOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 64, COLLIER COUNTY, FL. i+1 u� a N 0 m 0 0 N LE OESORIPTION ANO 81a:TOH PRBMED B M REED, PA STATE OF FLORDA OERi1Fl m OF A1fR1OPMAMN NO, L S88E. A / J may .,._ JEFFREY .S LL- PROFESSIONAL BVRVEVOR AND MAPPER CLIENT: COLLIER 00. /CH MHILL PROJECT: M WELL ROAD DATE: AFTIL 18, 2007 8241 ARD WAY E 75 T R� 75MM � 227 &� PHONE: GM 27 FLORIDA OEATIFICATE OF AfMOR¢A ON W. LS 8388 INT3i SDE: MTPIAMAhV.MDKIMCREEO.COM NOT TO SCALE SHEET 1 OF 1 PROJECT NO. 60044 PROJECT PARCEL NO. 121 FEE SEE SIMPLE INTEREST EXHIB� Page �e Of�41 LEGAL DESCRIPTION Sa SKETCH (NOT A SURVEY) THE SOUTH 50 FEET OF TRACT 47, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.379 ACRES, MORE OR LESS. TRACT 47 FEE SIMPLE _INTEREST.. PROPOSED ADDITIONAL RIGHT -OF -WAY (50 FEET) 50 FEET N O R T A NOT TO SCALE Collier Cowry Transpormtmn Engmeenag 8 Consho , Management Depamnent D411710712:04 PM 10C 007 234 Agenda Item No. 10C —8,2007 EXHIBIT Page 1 of 234 Page � of LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. 121 TDRE (This is not a Field Survey) DESCRIPTION The East 32.0 feet of the West 47.0 feet of the North 25.0 feet of the South 75.0 feet of Tract 47, Golden Gate Estates, Unit No. 84, as recorded In Plat Book 7, Page 54 of the Public Records of Collier County, Florida. Containing 800.0 square feet, more or less. N 89'40'50" W 330.0' BEARINGS AND DIMENSIONS SHOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 64, COLLIER COUNTY, FL. SHEET 1 OF 1 TRACT 47 LEOAL DESORIPRON AND SIB.ICH PREPARED SY M M60REE0, PA � b CLEN: CALLER CO. /CN2MHILL N I.j r7 PROJECT: OIL WELL ROAD � - - TEMPORARY DRIVEWAY .. - JEFFREY LL - PROFESSIONAL SURVEYOR ANp MAPPER DATE: APRL 18,2007 RESTORATION EASEMENT MM OF FLORIDA REGISTRATION 1_10 J E N9. LS 8389 - NO. 121 TDRE - -- 3 (800± SQUARE FEET) w 0 15.0' TEMPORARY DRIVEWAY o J,V,r'J,�ilVl �rl�(J` (A' if PHDNE (2997 218�8]B (SARI 2l, &7P IZIU� &CREM A m f RESTORATION EASEMENT m °o o (DURA710N:3 YEARS- b 32.0'- _ „_ ro° NOT TO SCALE r32'0' 1 N1 - -IN N Z PROPOSED RIGHT -OF -WAY LINE 0 0 0 6 1° EXISTING RIGHT -OF -WAY LINE `� S 89'3110" E 330.0' OIL WELL RD. (C.R. 858) (100' R/W) BEARINGS AND DIMENSIONS SHOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 64, COLLIER COUNTY, FL. SHEET 1 OF 1 LEOAL DESORIPRON AND SIB.ICH PREPARED SY M M60REE0, PA STATE OF FLOPoD4 CERPFICATE OFAURgRIZATION NO. LR 8888. CLEN: CALLER CO. /CN2MHILL _ PROJECT: OIL WELL ROAD - - .. - JEFFREY LL - PROFESSIONAL SURVEYOR ANp MAPPER DATE: APRL 18,2007 MM OF FLORIDA REGISTRATION 1_10 J E N9. LS 8389 - 8241 ARC WAY 12 * FORTMYFF FI(2MV33912 . J,V,r'J,�ilVl �rl�(J` (A' if PHDNE (2997 218�8]B (SARI 2l, &7P IZIU� &CREM A FLORIDA MRMFICATE OF AVMORIZATION Nw LS W96 INiF3YJEr0tCE HiTPJMMNVMCKiMCRFED.COM PROJECT NO. 60044 PROJECT PARCEL NO. 123 FEE FEE SIMPLE INTEREST LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) Page EXHIBIT Page Ot I? THE SOUTH 50 FEET OF TRACT 50, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.379 ACRES, MORE OR LESS. TRACT 50 FEE SIMPLE INTEREST PROPOSED ADDITIONAL RIGRTLOF WAY (50 FEET) 50 FEET N O R T A NOT TO SCALE WlierCouno Tmr potletw Enpineemg& Cmsn don Meneoement Depenment 0417)0712:03 PM 10C 2007 '234 PROJECT NO. 60044 Page 91 0 PROJECT PARCEL N0, 124 FEE EXHIBIT • FEE SIMPLE INTEREST paw ,3 pf��� LEGAL DESCRIPTION & SKETCH (NOT A SURVEI9 THE NORTH 21 FEET OF TRACT 48A, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.159 ACRES, MORE OR LESS, FEE SIMPLE N 0 R T H NOT TO SCALE CdnerCovW Transpp bn Engmn rM&Con clrn Manage kDepanmenl N/17107 12.02 PM 10C ?007 234 Agenda Item No, 10C 8, 2007 EXHIBIT Page 4 of 234 page., .0 LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. 124 TDRE1 (This is not a Field Survey) DESCRIPTION The East 32.0 feet of the West 73.5 feet of the South 30.0 feet of the North 51.0 feet of Tract 48A, Golden Gate Estates, Unit No. 64, as recorded in Plat Book 7, Page 64 of the Public Records of Collier County, Florida. Containing 960.0 square feet, more or less. BEARINGS AND DIMENSIONS SHOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 64, COLLIER COUNTY, FL. OIL WELL RD. (C.R. 858) SHEET OF LEGAL OESCRIP N AND SK R PREPARED SY Md &OREM, PA (100' Rw EXISTING STATE OF FLORIDA CERTIRCATE OF AUTiClVZAT)ON No. LS p966. RIGHT -OF -WAY UNE S 89'31'10" E 330.0' CLAM; COWER CO. / CHZMHRL , -- 21.0' 21.0' --y _ b l�r IT PROPOSED _ RIGHT -OF -_ WAY LINE PROJECT: OIL WELL ROAD A ' oL_a0 0 tO r 32.0' R LO N OATS PARL 18, 20P/ N 41.5 TEMPORARY DRIVEWAY RESTORATION EASEMENT 6241 ARD WAY w NO. 124 TDRE7 NOT TO SCALE g I (960.0± SQUARE FEET) _ OF IN N FLORIDA CERfiRCATE OFAULIIORPATION NO. LB BSSS E WN 0 m IM6iNETSIIY. HTT}INNNJ.MCgMCREEO.ODM o, 0 TRACT 48A Z TEMPORARY DRIVEWAY or° ti RESTORATION EASEMENT (DURATION: 3 YEARS N 89'40'50" W 330.0' BEARINGS AND DIMENSIONS SHOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 64, COLLIER COUNTY, FL. SHEET OF LEGAL OESCRIP N AND SK R PREPARED SY Md &OREM, PA - STATE OF FLORIDA CERTIRCATE OF AUTiClVZAT)ON No. LS p966. CLAM; COWER CO. / CHZMHRL , PROJECT: OIL WELL ROAD A ' _ 1- JEFFREY .STILL- PROFE661ONAL 6URVEYDq AND MAPPER OATS PARL 18, 20P/ STATE OF FLORIDA REGISTRATION LICEN6E No. LS WW 6241 ARD WAY FORTMTFA6.:CM)OA. &� PHONE: M30 2TSB6'/6 Pert: MM 20 OF IN N FLORIDA CERfiRCATE OFAULIIORPATION NO. LB BSSS E WN IM6iNETSIIY. HTT}INNNJ.MCgMCREEO.ODM Agenda Item No. 10C 8, 2007 EXHIBIT Page 5 of 234 Paw.:ff- C LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. 124 TDRE2 (This is not a Feld Survey) DESCRIPTION The West 34.0 feet of the East 58.0 feet of the South 15.0 feet of the North 36.0 feet of Tract 48A, Golden Gate Estates, Unit No. 64, as recorded in Plat Book 7, Page 64 of the Public Records of Collier County, Florida. Containing 510.0 square feet, more or less. OIL WELL RD. (O.R. 858) (100' R/W) j EXISTING RIGHT -OF -WAY LINE S 89'31'10" E 330.0 w -+-- 21.0' 21.0' —� o (510.0± SQUARE FEET) _ _ _ PROPOSED RIGHT -OF -WAY LINE o L J o i-1 TEMPORARY DRIVEWAY �n , in '- 34'0 o 'n RESTORATION EASEMENT . N(DURATION: 3 YEARS- N N 89'40'50" W 330.0' BEARINGS AND DIMENSIONS SHOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 54, COLLIER COUNTY, FL' L DMCFIPIICN AND 81(EIOH PREPARED W Mp &CREM PA sTATE OF FLORIDA CERRFiDATE OF A OR TION No. LB 8585. CLIENT: COLLIER CO. /CH2MHILL I PROJECT: OILWEI -LROAD I DAZE: APTIL 18, 20D7 N M e241 ARC WAY FORT M 8, FLORIDA, 8 12 PHONE E OF 27&8875 FartON N) 215-7028 FLORIDA CERRFICATE OF Alfi}IDR2ATON No. LB 5588 INI£WJET SITE: HTR+lKMMl.MCMMCREED CAM NOT TO SCALE SHEET 1 OF 1 TEMPORARY DRIVEWAY 24.0' j RESTORATION EASEMENT w NO. 124 TDRE2 o (510.0± SQUARE FEET) o 01 r°o TRACT 48A r°o z 0 N 89'40'50" W 330.0' BEARINGS AND DIMENSIONS SHOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 54, COLLIER COUNTY, FL' L DMCFIPIICN AND 81(EIOH PREPARED W Mp &CREM PA sTATE OF FLORIDA CERRFiDATE OF A OR TION No. LB 8585. CLIENT: COLLIER CO. /CH2MHILL I PROJECT: OILWEI -LROAD I DAZE: APTIL 18, 20D7 N M e241 ARC WAY FORT M 8, FLORIDA, 8 12 PHONE E OF 27&8875 FartON N) 215-7028 FLORIDA CERRFICATE OF Alfi}IDR2ATON No. LB 5588 INI£WJET SITE: HTR+lKMMl.MCMMCREED CAM NOT TO SCALE SHEET 1 OF 1 j PROJECT NO. EXHIBIT- Page 96 0 PROJECT PARCEL CEL 125 FEE Pam of_ j_ FEE SIMPLE INTERESES T LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE SOUTH 50 FEET OF TRACT 63, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.379 ACRES, MORE OR LESS. TRACT 63 EAST PROPERTY LINE FEE SIMPLE INTEREST .._..— .._.._.._.._..i.. PROPOSED ADDITIONAL RIGHT -OF -WAY (50 FEET) 50 FEET N O R T H NOT TO SCALE Colllar County Traiap Cation Engmeenrg 8 Consm dion Management DeparMenl 04111,0712:50 PM 10C 1007 234 PROJECT NO. 60044 Page 9 0 PROJECT PARCEL NO. 126 FEE EXHIBIT FEE SIMPLE INTEREST PagoO 0-114 f LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE NORTH 21 FEET OF TRACT 49A, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.159 ACRES, MORE OR LESS. FEE SIMPLE N O R T H NOT TO SCALE C S1 PM l m 10C ?007 234 Agenda Item No. 10C 8, 2007 EX,,H,,,1B T Page of 234 • ve. of a LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. 126 TDRE (This is not a Field Survey) DESCRIPTION The East 32.0 feet of the West 69.5 feet of the South 25.0 feet of the North 46.0 feet of Tract 49A, Golden Gate Estates, Unit No. 64, as recorded in Plat Book 7, Page 64 of the Public Records of Collier County, Florida. Containing 800.0 square feet, more or less. N 89'40'50" W 330.0' BEARINGS AND DIMENSIONS SHOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 64, COLLIER COUNTY, FL. OIL WELL RD. (C.R. 858) LEGAL DEBORPRON AND 81�fG1 PREPARED BY Mc M�EED, PA Mf OF FLONOAC TIROMEOFAUTHOR MNN.Lamm. (100' RNV) - _ EXISTING PROJECT: OIL WELL ROAD RIGHT -OF -WAY LINE S 89'31'10' E 330.0' JEFFREY IK "LL- PROFESSIONAL SUR/EYOR AND MAPPER �— 21.0' _ _ 21.0' — � STATEOFFLIXiIDAREGIST MON LICE WW .136389 0 o PROPOSED RIGHT -OF WAY LINE - _ _ O N L— J N TEMPORARY DRIVEWAY 8 �� (O 32.0' RESTORATION EASEMENT FLORIDAOERRRCA EOFAU OR ZA ON Ne. L88666 N (DURATION: 3 YEARS - INIERAIET Sf1E: HTTP /NJW W.AAOKIMCREEO COM N 37.5' TEMPORARY DRIVEWAY RESTORATION EASEMENT NO. 126 TORE NOT TO SCALE 3 (800.0± SQUARE FEET) 0 0 m r°o TRACT 49A o 0 Z N N 89'40'50" W 330.0' BEARINGS AND DIMENSIONS SHOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 64, COLLIER COUNTY, FL. SHEET 1 OF 1 LEGAL DEBORPRON AND 81�fG1 PREPARED BY Mc M�EED, PA Mf OF FLONOAC TIROMEOFAUTHOR MNN.Lamm. CLIENT: COLLIEROD. /OHWHILL - _ A' ^ PROJECT: OIL WELL ROAD - JEFFREY IK "LL- PROFESSIONAL SUR/EYOR AND MAPPER DATE: API'Y_18. 2007 STATEOFFLIXiIDAREGIST MON LICE WW .136389 - _ _ 8291 ARC WAY FORT M S' RLORDA. 33912 8 �� PHONE: 68873 F rtW 278-7029 (239) 27 FLORIDAOERRRCA EOFAU OR ZA ON Ne. L88666 INIERAIET Sf1E: HTTP /NJW W.AAOKIMCREEO COM May PROJECT NO. 60044 H'BIT ^ Page 99 PROJECT PARCEL NO. 127 FEE ��-IL FEE SIMPLE INTEREST Page4 Of L& LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE SOUTH 50 FEET, LESS THE EAST 5 FEET, OF TRACT 66, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.373 ACRES, MORE OR LESS. TRACT66 LESS THE EAST 5 FEET FEE SIMPLE — — _ — INTEREST PROPOSED ADDITIONAL RIGHT -OF WAY (50 FEET) 5OFEET NOT TO SCALE N O R T H Collier Ceu* TiansperWon Emmmeanng & Construction Management DepaNnem 04117M7 1:O2 PM 1OC 007 234 PROJECT NO. 60044 PROJECT PARCEL NO. 128 FEE FEE SIMPLE INTEREST EXHIBIT _',j_Page 1 NMI: of-5P LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE NORTH 21 FEET OF TRACT 64A, GOLDEN GATE ESTATES UNIT NO, 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.159 ACRES, MORE OR LESS. FEE SIMPLE 1u cml" N O R T H NOT TO SCALE GdWr Cwnb Tmmport fion Engmeenng 8 ClInotlion Management Depamnent 04117W f2:52 PM 10C 007 234 PROJECT NO. 60044 PROJECT PARCEL NO. 129 FEE FEE SIMPLE INTEREST EXHIBIT_ �e-1 of�� LEGAL DESCRIPTION & SKETCH (NOTA SURVEY) THE SOUTH 50 FEET TRACT 79, AND THE SOUTH 50 FEET OF THE EAST 5 FEET OF TRACT 66, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. WEST PROPERTY LINE CONTAINING 0.385 ACRES, MORE OR LESS. TRACT 79 AND EAST 5 FEET TRACT 66 FEE SIMPLE INTEREST PROPOSED ADDITIONAL RIGHT CF -WAY (50 FEET) NOT TO SCALE EAST PROPERTY LINE J 50 FEET N 0 R T A as TeM NC a , Page 101 c DOIIIef County TmnspoRafion Englneenng & ConsWdion Management Depa"nt WIV0712i53 PM 10C 2007 f 234 Agenda Item No. 10C 8, 2007 mv Page 10 of 234 H1011 page-6 of LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. 129 TORE (This is not a Feld Survey) DESCRIPTION The East 32.0 feet of the West 49.0 feet of the North 25.0 feet of the South 75.0 feet of Tract 79, Golden Gate Estates, Unit No. 64, as recorded in Plat Book 7, Page 64 of the Public Records of Collier County, Florida. Containing 800.0 square feet, more or less. N 89'40'50" W 330.0' TRACT 79 n TEMPORARY DRIVEWAY RESTORATION EASEMENT NO. 129 TDRE (800± SQUARE FEET) o 17.0' TEMPORARY DRNEWAY RESTORATION EASEMENT °0 0 32.0' (DLIRATI0N:3 YEARS - N rir —'1 N. N N o PROPOSED RIGHT -OF -WAY LINE 0 S 89'31 `7 o" E 330.0' OIL WELL RD. (C.R. 858) (100'R/W) BEARINGS AND DIMENSIONS SHOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 54, COLLIER COUNTY, FL. 0 0 n 0 r n a rn 0 0 NOT TO SCALE SHEET 1 OF i LEOAL DESCRI"ON AND SXBI HPREPARED By MWREED, PA CLIENT: COWER CO. /CH2MHLL STA7 OF FLORIDA OEFMFMQ OF AUTHORR MN No. LS BsaB. FFOJECT: OL WELL ROAD J F OFE IONAL SURVEYOR MO MPPEA DATE: APt1L 10, 200] - STATE OF FLORDA REGIBTRATION LICENSE W. LB BBBB - 8241 ARC WAY _ FORT MYERB, FLORIDA, M12 _ �j PHONE W%278-ES78 F. (ZM 278 7028 4W FLORIDA OE'MFICA E OF AOIHORZAMN No. lB IN E NEf SfiE: HRPyFPM�W.MCgMCPEEO.COM PROJECT NO. 60044 PROJECT PARCEL NO. 130FEE FEE SIMPLE INTEREST LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) Page EXHIBIT 63 of 4 THE NORTH 21 FEET OF TRACT 65A, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.159 ACRES, MORE OR LESS. FEE SIMPLE N O R T H NOT TO SCALE Collier Gounb Tmnspo0ation Engineenn0 8 ConsWdon Management oepaftent omg1073:10 PM 10C 007 234 PROJECT NO. 60044 PROJECT PARCEL NO. 131 FEE FEE SIMPLE INTEREST LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) EXHIBIT Page 10� 0 1r orb THE NORTH 21 FEET OF TRACT BOA, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.159 ACRES, MORE OR LESS. FEE SIMPLE N O R T H NOT TO SCALE Curlier County TMmpo loWn Egineemg & Consndon Management 0epaVent 0329N7 3'17 PM 10C 2007 234 PROJECT NO. 60044 PROJECT PARCELS NO. 132FEE and 133FEE FEE SIMPLE INTERESTS LEGAL DESCRIPTION (NOT A SURVEY) May EXHIBIT Page 105 Page '5 of PA2CtL i 3a F£f; THE NORTH 21 FEET OF LOT 81 A, GOLDEN GATE ESTATES, UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, CONTAINING 0.159 ACRES, MORE OR LESS; AND PAQCEL 133 Fe E a THE NORTH 21 FEET OF LOT 96A, GOLDEN GATE ESTATES, UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, CONTAINING 0.159 ACRES, MORE OR LESS. FEE SIMPLE INTEREST Colget County Trarepwtation Egmeenng & Conshuglon Management Departmem 0329/073:22 PM 10C 007 234 Agenda Item No. 10C 8, 2007 EXHIBIT_____ Page 10 of 234 LEGAL DESCRIPTION AND SKETCH Page of d Temporary Driveway Restoration Easement Parcel No. 134 TDRE (This Is not a Feld Survey) DESCRIPTION The East 36.0 feet of the West 167.0 feet of the North 15.0 feet of Tract 97A, Golden Gate Estates, Unit No. 64, as recorded in Plat Book 7, Page 64 of the Public Records of Collier County, Florida. Containing 540.0 square feet, more or less N 89'40'50" W 330.0' BEARINGS AND DIMENSIONS SHOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 64, COLLIER COUNTY, FL. SHEET 1 OF 1 LEGAL DESCRIPOON AND 81 11 PREPARED W MMM9CPEED, PA CLIENT: COLLIER CO. CH2MHILL STATE OF FLORIDA CERTFICATE CF A OFIZATON No. LB 0568, A �.R PROJECT: OIL WELL ROAD JFFME M. "LL L- -0PRO'FF ONA- 6URVEYCR AND MAPPER DATE: M L 18, 2001 - MTE OF FLORIDA REGISTRATION LICENSE No. L6 8.366 - 5241 APO WAY *�/7*/r&CREM F27T 5R6,FLORIDh M29 V lry 1 \jjN�(gt i�r,rl/ PHONE (23% 216 -6615 FN[(236)Z6 028 FLORDA CERTIFICATE OF AVM1IOR2ATON No. LB 6988 INiFANET 6RE: HTTPJAMJW.MCKIMOREEO.COM OIL WELL RD. (C.R. 858) (100' R/M EXISTING RIGHT -OF -WAY LINE S 8931'10" E 330.0' 131.0' ;_��� 15.0 15.0' ��qq r� TEMPORARY DRIv&g N RESTORATION EASEMENT Y" 3 YEARS - N � N TEMPORARY DRIVEWAY RESTORATION EASEMENT w NO. 134 TDRE NOT TO SCALE 3 o (540.0± SQUARE FEET) _ 0 m °o TRACT 97A o z N 89'40'50" W 330.0' BEARINGS AND DIMENSIONS SHOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 64, COLLIER COUNTY, FL. SHEET 1 OF 1 LEGAL DESCRIPOON AND 81 11 PREPARED W MMM9CPEED, PA CLIENT: COLLIER CO. CH2MHILL STATE OF FLORIDA CERTFICATE CF A OFIZATON No. LB 0568, A �.R PROJECT: OIL WELL ROAD JFFME M. "LL L- -0PRO'FF ONA- 6URVEYCR AND MAPPER DATE: M L 18, 2001 - MTE OF FLORIDA REGISTRATION LICENSE No. L6 8.366 - 5241 APO WAY *�/7*/r&CREM F27T 5R6,FLORIDh M29 V lry 1 \jjN�(gt i�r,rl/ PHONE (23% 216 -6615 FN[(236)Z6 028 FLORDA CERTIFICATE OF AVM1IOR2ATON No. LB 6988 INiFANET 6RE: HTTPJAMJW.MCKIMOREEO.COM PROJECT NO, 60044 PROJECT PARCELS NO. 135FEE FEE SIMPLE INTEREST LEGAL DESCRIPTION (NOT A SURVEY) ME E(HIPr Page 1 Page -LL p} ALL OF TRACT 94, GOLDEN GATE ESTATES, UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, CONTAINING 5 ACRES, MORE OR LESS. _ — 35T AVENUE N-. EXISTING 30 FEET OF ROWFOR35TM AVENUE N. TRACT 94 EAST PROPERTY LINE FEE SIMPLE INTEREST NOT TO SCALE CoglerCwnty Tnw.portatlon Engmaonng& 0¢ lion Management Deparnnent 0411M79:30AM 10C 007 234 Agenda Item No. 10C 8, 2007 EXHIBIT age 1 of 234 Page of LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. 136 TDRE (This is not a Field Survey) DESCRIPTION The West 35.0 feet of the East 175.0 feet of the North 15.0 feet of Tract 113A, Golden Gate Estates, Unit No. 64, as recorded in Plat Book 7, Page 64 of the Public Records of Collier County, Florida. Containing 525.0 square feet. more or less. OIL WELL RD. (C.R. 858) (1001 R/W) EXISTING RIGHT -OF -WAY LINE S 89'31'10" E 330.0' CUs. COLLIER W. 10H2WI-L 15.0'�— "�15.0, 140.0' DATE: APRL 16, 2007 35.0' ° N TEMPORARY DRIVEWAY N RESTORATION EASEMENT N (D AJAT70N: 3 YEARS N TEMPORARY DRIVEWAY RESTORATION EASEMENT NO. 136 TDRE (525.0± SQUARE FEET) 3: ° o rn °ro TRACT113A � o ° Z N N 89'40'50" W 330.0' BEARINGS AND DIMENSIONS SHOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 64, COLLIER COUNTY, FL. LEGAL OEBCRIPRON AND SKETCH PRE PARED WMdOM6CREFD,PA STATE OF FLORIDA OERTIROATE OFAURiORIZATION No. Lfi 8668. ' /"I- JffRiEY W cPROFEBBIONAL 6URVEYOR AND MAPPER CUs. COLLIER W. 10H2WI-L PROJECT; OIL WELL ROAD DATE: APRL 16, 2007 6241 ARO WAY * /1"�%rA IP i� CKEED FORF MYERS. FLORIDA ,V20 4W���'����I�(J �nL�:.A` `��,/ PHOVE R3IY1216 -BBT6 F T1 ON �I!I 2 ORIDAC Nf SA : DFAUTNORIZ MNo.LE DM BJIERNETBRE: HT'RJAMWV�.MCKIMCREED.COM NOT TO SCALE SHEET OF PROJECT NO. 60044 Page 1 PROJECT PARCEL NO. 140FEE EXHIBIT FEE SIMPLE INTEREST Peg@ Of LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE SOUTH 100 FEET OF TRACT 98, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. WEST PROPERTY LINE CONTAINING 0.758 ACRES, MORE OR LESS. TRACT 98 FEE SIMPLE .. _ „ _ , . _ .. — dNTHREST PROPOSED ADORIONAL RIGHT -OF -WAY (100 FEET) NOT TO SCALE 100 FEET N O R T H Willer County Tmnspotletim Engmeemg 8 Comtmclion Management DepaMoM 03129107 129 PM 10C 007 234 May £ PROJECT NO. 60044 EXHIBIT Q Page 110 PROJECT PARCEL NO. 141 FEE per,._ V — /�j FEE SIMPLE INTEREST °aQp LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE SOUTH 100 FEET OF TRACT 111, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. WEST PROPERTY LINE CONTAINING 0.758 ACRES, MORE OR LESS. TRACT 111 FEE SIMPLE INTEREST ._..........._.._..�.. PROPOSED ADDITIONAL RIGHT-OF-WAY (100 FEET) NOT TO SCALE 100 FEET EAST PROPERTY LINE N O R T H Collier County T Tanspota;ion Engmmnng& Connect on Managev tDepdment O3R8O7 3:30 PM 10C 007 234 PROJECT NO. 60044 PROJECT PARCEL NO. 142FEE FEE SIMPLE INTEREST nwvinug 1 CI 1 VV. May 8 Page 111 f PagoIT of f Page 7l LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE SOUTH 100 FEET OF TRACT 115, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.758 ACRES, MORE OR LESS. WEST PROPERTY LINE TRACT 115 FEE SIMPLE INTEREST — — L .. PROPOSED ADDITIONAL RIGHT -OF -WAY (100 FEET) EXISTING OIL WELL ROAD RIGHT -0F -WAY LINE & PROPERTY LINE NOT TO SCALE 100 FEET EAST PROPERTY LINE N O R T H Collier County 4enaporta9on Enymeenng& Conetmotion Management Oepef, nt 031291073:46 PM 10C 007 234 PROJECT NO. 60044 PROJECT PARCELS NO. 143FEE FEE SIMPLE INTEREST EXHIBI Page 1 T P898_L7,Q of 14 LEGAL DESCRIPTION AND SKETCH (NOT A SURVEY) THE SOUTH 100 FEET OF TRACT 116, GOLDEN GATE ESTATES, UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.803 ACRES, MORE OR LESS. 5C Feet 4EST HALF OF EVERGI-ACES BLVD. RfA) I I I TRACT 116 I I I I .. — .. —FEE-SIMPLY- — - INTEREST I I PROPOSED ADDITIONAL RIGHT -0F -WAY (100 FEET) I I I I I 1DOFEET N O R T H NOT TO SCALE CdAer County TmMP l On Ergm lrlg& ConMdon Mana9emeM De,aM1 ent 03Q9N7 3:32 PM .v 10C ?007 234 PROJECT NO. 60044 Page 1 PROJECT PARCELS NO. 143RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION AND SKETCH EXHIBIT of jq (NOT A SURVEY) THE WEST 30 FEET OF THE EAST 80 FEET, LESS THE SOUTH 100 FEET, OF TRACT 116, GOLDEN GATE ESTATES, UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.153 ACRES, MORE OR LESS. �EASLPBOPiflLYLINE W HALF OF EX157INC 100 FOOT IMOE EVERGLADES 90UlEVARO RIGH pF W0.Y AAL, NON{XCLUSNF PROPOSEDADOTIONALRIGHT- pFWAYI30?EET 4T -OF -VAY, DRAINAGE — .. — .. — .. TRACT 116 EXISTING OIL WELtROAD RIGHT-OF -WAY LINE & PROPERTY LINE <� NORTlT NOT TO SCALE Collir County Tmrsp.r otion EQinee tU; & Constr av WmaOemerl Department 04(1010711'.45 AM 1oc >007 234 PROJECT NO. 60044 Page 1 PROJECT PARCEL NO. 144RDUE PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT (NOTA SURVEY page� of �Q4 THE WEST 30 FEET OF THE EAST 80 FEET OF TRACT 114A, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, CONTAINING 0.163 ACRES, MORE OR LESS. WESTHALFOF I EXISTING 700 FOOT WIDE EVERGLADES BOULEVARD RIGHTfF -WAY I (501EEn� ?RO°OSEDADDITIONALRIGHT- OF'NAY 30 FEE NORTH PROPERTY LINE TRACT 114A ::iKNORTH NOT TO SCALE PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT SOUTH PROPERTY LINE Collier County Tmmp QWn Englrrcenrg & Coneeaglon Monagemenl Depannent 03/=73:55 PM 10C ?007 234 PROJECT NO. 80044 Page 1 PROJECT PARCEL NO. 145RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBITJ_ (NOTASURVEY) Page -q of�,J THE WEST 30 FEET OF THE EAST 80 FEET OF TRACT 114, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, CONTAINING 0.454 ACRES, MORE OR LESS. EAST PROPERTY LINE // WEST HALF OF I EXISTING100 FODTWIDE EVERGLADES SOULEVARDRIGRT OFWAY I (50FEET)' _PROPOSED ADOITIONAI RIGM -0F.WAY� FEETi TRACT 114 NORTH NOT TO SCALE PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT COe,Caunry TranswNMn Engineering & Conshugion Management Depatlm 03129)07 M7 PM 10C ?007 '234 May! PROJECT NO. 60044 Page 116 PROJECT PARCEL NO. 147RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION 8& SKETCH EXHIBIT (NOT A SURVEY) page r( Of_ jq11 THE WEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 180 FEET OF TRACT 128, GOLDEN GATE ESTATES UNIT NO. 69, AS RECORDED IN PLAT BOOK 7. PAGE 65 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, CONTAINING 0.124 ACRES, MORE OR LESS. WEST HALF OF ISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -0F -WAY (50 FEET) / PROPOSED ADDITIONAL RIGHT -0FWAY 30 FEE NORTH PROPERTY LINE N THE NORTH 180 FEET OF TRACT 128 NOT TO SCALE PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT SOUTH PROPERTY LINE CoAia CowtV TwspMafion Eng,neenng 8 klsS Aan Manage mt Depenment 0329)073:58 PM toc 007 234 May 8 PROJECT NO. 60044 Page 117 3f PROJECT PARCEL NO. 148RDUE PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT (NOT A SURVEY) P "� Of IL THE WEST 30 FEET OF THE EAST 80 FEET OF THE SOUTH 150 FEET OF TRACT 128, GOLDEN GATE ESTATES UNIT NO. 69, AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, CONTAINING 0.103 ACRES, MORE OR LESS. WESTHALFOF LIXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -0FWAY (50FEET) PROPOSED ADDITIONAL RIGHT-OF-WAY (30 FEET) N THE SOUTH 150 FEET OF TRACT 128 NOT TO SCALE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT Collier County TransooAalion Engitrtmng & Convudon Management Department M N7 3:59 PM tOC 007 234 May PROJECT NO. 60044 Page 118 PROJECT PARCEL NO. 149RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT (NOT A SURVEY) Page f of THE WEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 75 FEET OF TRACT 127, GOLDEN GATE ESTATES UNIT NO. 69, AS RECORDED IN PLAT BOOK 7; PAGE 65 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, CONTAINING 0.052 ACRES, MORE OR LESS. / WESTHA!FOF _ EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY (50FEET) __..___.._.._.._.._.._.._.. _.._.. _.. _.._.._ _..___ /. _.. _..___.._.. PROOPOSSED ADDITIONAL RIGHT -OF -WAY (30 FEET) N THE NORTH 75 FEET OF TRACT 127 NOT TO SCALE PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT CoMw Cwnty TmnswuVon Fq,i nng 6 ComVoa6on Manag"nt Del mem 03291079'.06 PM 10C 007 234 May PROJECT NO. 60044 Page 119 PROJECT PARCEL NO. 150RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT (NOT A SURVEY) page THE WEST 30 FEET OF THE EAST 80 FEET OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF TRACT 127, GOLDEN GATE ESTATES UNIT NO. 69, AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, CONTAINING 0.052 ACRES, MORE OR LESS. .... _. _. ..... ........ _ EAST PROPERTY LINE f WEST HALFOF I E)USTWG 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT-OF -WAY (50 FEET) _PROPOSED ADDITIONAL RIGHT-OF-WAY (30 FEET( N THE SOUTH 75 FEET OF THE NORTH 150 FEET OF TRACT 127 NOT TO SCALE SOUTH PROPERTY LINE CoIIHr Coin TranspPtHfon Engineering & Cons Tction Management DepoMenl DM9107 4:08 PM 10C 007 234 PROJECT NO. 60044 Page PROJECT PARCEL NO. 151 RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT__A (NOT A SURVEY) Page_ of 7 0� THE WEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 75 FEET OF THE SOUTH 180 FEET OF TRACT 127, GOLDEN GATE ESTATES UNIT NO. 69, AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, CONTAINING 0.052 ACRES, MORE OR LESS. X WESTHALFOF EYJSTING!00 FOOT WIDE EVERGLADES BOULEVARD RIGHT.OF.WAY (50 FEET) .. _PROPOSED ADDITIONAL RIGHT -OF -WAY FEET PERPETUAL, NON- EXCLUSIVE ROAD RIGHT,OF-WAY, DRAINAGE AND UTILITY EASEMENT NORTH N THE NORTH 75 FEET OF THE SOUTH 180 FEET OF TRACT 127 NOT TO SCALE Collier CW* TraMPOOMon Engineering & OonsWclion Management DepeNneM 01290074 10 PM 10C 007 234 PROJECT NO. 60044 Page 1 PROJECT PARCEL NO. 152RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION 81 SKETCH EXHI T�'j (NOT A SURVEY) Page UC 1 O o f THE WEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 75 FEET OF THE SOUTH 105 FEET OF TRACT 127, GOLDEN GATE ESTATES UNIT NO. 69, AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, CONTAINING 0.052 ACRES, MORE OR LESS. / WEST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY (00 FEET)/ PROPOSED ADDITIONAL RIGHT -OF -WAY (30 FEET --:I i 36 FEET I t� I 1 I 1 NORTH PROPERTY LNE 1 I SOUTH PI I I THE NORTH 75 FEET OF THE I SOUTH 105 FEET OF TRACT 127 I N PERPETUAL NON-EXCLUSNE ROAD RIGHT -0F -WAy DRAINAGE AND UTILITY EASEMENT NOT TO SCALE COW County TianspoFaton Engmeenng & Conmcmn Menagemit Department 031291014:11 PM 10C 007 234 May PROJECT NO. 60044 Page 122 PROJECT PARCEL NO. 153ROUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT4 (NOT A SURVEY) pg9ga of THE WEST 30 FEET OF THE EAST 80 FEET OF THE SOUTH 150 FEET OF THE NORTH 180 FEET OF TRACT 126, GOLDEN GATE ESTATES UNIT NO. 69, AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, CONTAINING 0.103 ACRES, MORE OR LESS. WEST HALF OF I I N EXISTING 100 FOOT WIDE EVERGLADES SOLILEVARO RIGF?T -0F -WAY (50FEET)',,,-' PROPOSED ADDITIONAL RIGHT-OF WAY (30 FEET) _..—. ._.._.._.._.._.._.._.._.._.._.. I L, I I THE SOUTH 150 FEET OF THE NORTH 180 FEET OF TRACT 126 NOT TO SCALE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT Collier Counw7mnspa abaci Engrneenng 8 Constra-tion Management Department D MM7 4'.16 PM 10C :007 234 May PROJECT NO. 60044 Page 123 PROJECT PARCEL NO. 154RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT, (NOTA SURVEY) ��� THE WEST 30 FEET OF THE EAST 80 FEET OF THE SOUTH 150 FEET OF TRACT 126, GOLDEN GATE ESTATES UNIT NO. 69, AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, CONTAINING 0.103 ACRES, MORE OR LESS. WESTHALFOF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT-CF-WAY (50 FEET) PROPOSED ADOITIONALRIGHT -OF -WAY (30 FEET) PERPETUAL, NON- EXCLUSIVE ROAD RIGHT-OF -WAY, DRAINAGE AND UTILI TY EASEMENT THE SOUTH 150 FEET OF TRACT 126 NOTTO SCALE Dallier CwnN T.an Mlan Engaeanng 8 Consln n Management Deparimmul 0329107416PIA 10C 007 234 May PROJECT NO. 60044 Page 124 PROJECT PARCEL NO, 155RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT / 1 (NOT A SURVEY) Pap-la Of 4 THE WEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 75 FEET OF TRACT 125, GOLDEN GATE ESTATES UNIT NO. 69, AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, CONTAINING 0.052 ACRES, MORE OR LESS. WEST RALF OF EXISTING 1111111101 WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY (50 FEET) ___.._.. _.. _,._.. _. _.._.._.._.._.._.. _.._.. _..___.._.. _,.__— .._.._ ....... ...... _____.._.. PROPOSED ADDI PONAL RIGFR -OF -WAY 130 FEET) PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT THE NORTH 75 FEET OF TRACT 125 N - - -- NOT TO SCALE SOUTH PROPERTY LINE C001sr Cowry Transpot wEngineenng &Co ndmn Management OepaftaM 03007 All PM 1oc 007 234 May E PROJECT NO. 60044 Page 125 PROJECT PARCEL NO. 156RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT (NOT A SURVEY) Pege� Of THE WEST 30 FEET OF THE EAST 80 FEET OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF TRACT 125, GOLDEN GATE ESTATES UNIT NO. 69, AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.052 ACRES, MORE OR LESS. ___.._.._.._.._..___.._.._.._.._.._.._.,___.._..___.._.._.._ .._.._.._...... ..___.._.._.._.. ;AST P___ ROPERTY LINE / WEST HALF OF EXISTING 100 FOOT WIDE EVEBGIADES BOULEVARD RIGHT-0F -WAY f50FEET) .. _.._._.._.._.._.._.._____..___ _.. _.._..___.. _.._.. _.. F40FOSED ADDITIONAL RIG HT -0F -WAYi FEETl PERPETUAL. NON- EXCLUSNE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT NORTH PROPERTY LINE THE SOUTH 75 FEET OF THE NORTH 150 FEET OF TRACT 125 NORTH NOT TO SCALE SOUTH PROPERTY LINE Cooler County Tmnspo fiw Engineering 6 Construction WnegMent DeNftent 0.7891074:23 PM I oc 007 234 May PROJECT NO. 60044 Page 126 PROJECT PARCEL NO, 157RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT A (NOTA SURVEY) Pa of Z4 THE WEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 75 FEET OF THE SOUTH 180 FEET OF TRACT 125, GOLDEN GATE ESTATES UNIT NO. 69, AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.052 ACRES, MORE OR LESS. _,_.._.. _.. _.._.._.. ----- ._ .._.._.._.._.. -------- ._.._..___.._,._.._.._.. _ FAST PROPERTY LINE l J/ WEST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RICK OF -WAY (50 FEET)/ PRDnsS ODADDITIONALRIGHT -OF -WAY XFE PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT THE NORTH 75 FEET OF THE SOUTH 180 FEET OF TRACT 125 NORTH NOT TO SCALE Collier County Tmnse tion Eng neemg & OxsVUOtion Manegemenl D m tmen! 012Ag74:24 PM 10C 007 234 May PROJECT NO. 60044 Page 127 PROJECT PARCEL NO. 158RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT , I (NOT A SURVEY) Pagk'IZ _, �'7r THE WEST 30 FEET OF THE EAST 80 FEET OF THE SOUTH 105 FEET OF TRACT 125, GOLDEN GATE ESTATES UNIT NO. 69, AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.072 ACRES, MORE OR LESS. WESTHALFOF E%ISTING700FTTMDEEVERGI DESBWLEVARDRIGHT-OF -WAY I I; FEET - PROPOSED ADDITIONAL RIG HT- OF- WAY130 FEETl " — PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT NORTH PROPERTY UNE THE SOUTH 105 FEET OF TRACT 125 NOR TO SCALE SOUTH PROPERTY LINE Gooier Cou% Transpm tw Enpoe" &GonsN RIftWemeMDepaM t 030107 424 PM Ioc 307 234 May PROJECT NO. 60044 Page 128 PROJECT PARCEL NO. 159RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION $SKETCH EXHI IT ' � L/ (NOT A SURVEY) Page -'� THE WEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 180 FEET OF TRACT 124, GOLDEN GATE ESTATES UNIT NO. 69, AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.124 ACRES, MORE OR LESS- // WEST HALF OF EXISTING I OOFOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY (50 FEET)/ PROPOSED AODRIONAL RIGHT -0FM Y 30FEET1 PERPETUAL, NON- EXCLUSI ROAD RIGHT -OF -WAY, DRAIN AND UTILITY EASEMENT NORTH PROPERTY LINE SOUTH PROPERTY LINE THE NORTH 180 FEET OF TRACT 124 NORTH NOT TO SCALE Coft CwW Tmiaportalion Eminemng 6ConeWC Management DepaH nt 03YM74:20 PM 1oc 007 234 May PROJECT NO. 60044 Page 129 PROJECT PARCEL N0, 161 RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIB�T� (NOT A SURVEY) page of 4 THE WEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 75 FEET OF TRACT 123, GOLDEN GATE ESTATES UNIT NO, 69, AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.052 ACRES, MORE OR LESS. _.. _.. _.._.._.._.._..___.._..---- __.._.._........ _.. EAST PROPERTY LINE WEST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -0F -WAY (50 FEET) PROPOSED ADDfIIONAL RIGHT -OF -WAY 30 FEET) .. _ R _L . _ .. NORTH PROPERTY LINE THE NORTH 75 FEET OF TRACT 123 NORTH NOT TO SCALE PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT SOUTH PROPERTY LINE Cdller County Tmmspertatlon Ergmeenw d Consb Ilion Management Department 03129W 4 29 PM 10C 007 234 May PROJECT NO. 60044 Page 130 PROJECT PARCEL NO. 162RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION &SKETCH EXHI IT � (NOT A SURVEY) '�uhhll'' P896 0 Of 1 THE WEST 30 FEET OF THE EAST 80 FEET OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF TRACT 123, GOLDEN GATE ESTATES UNIT NO. 69, AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.052 ACRES, MORE OR LESS. WEST HALF CF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY (60 FEET) / PROPOSED ADDITIONAL RIGHT -0F -WAY FEET NORTH PROPERTY LINE THE SOUTH 75 FEET OF THE NORTH 150 FEET TRACT 123 NORTH NOT TO SCALE PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT SOUTH PROPERTY LINE Collier County Tnaneportatien Engineenng a Conslnlction PAanagament Department 0312RM7 4:30 PM 10C 007 234 May I PROJECT NO. 60044 Page 131 PROJECT PARCEL NO. 163RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT_ (NOT A SURVEY) Page (, p� 4�� THE WEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 75 FEET OF THE SOUTH 180 FEET OF TRACT 123, GOLDEN GATE ESTATES UNIT NO. 69, AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.052 ACRES, MORE OR LESS. WESTHALFOF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY I (50FEET)- _ PROPOSED ADDITIONAL RIGHT -OF -WAY FEET NORTH PROPERTY LINE THE NORTH 75 FEET OF THE SOUTH 180 FEET TRACT 123 NORTH NOT TO SCALE PERPETUAL, NON-EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT SOUTH PROPERTY LINE CWIIeTCWMVTrans Mtlon Engineering &C stmWlon Managemenl OepMent 0312M74:30 PM 10C 007 234 May PROJECT NO. 60044 Page 132 PROJECT PARCEL NO. 164RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHI IT� (NOT A SURVEY) Page of� THE WEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 75 FEET OF THE SOUTH 105 FEET OF TRACT 123, GOLDEN GATE ESTATES UNIT NO. 69, AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. WESTHALFOF CONTAINING 0.052 ACRES, MORE OR LESS, EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGI - DF.WAY (50 FEE7)� _.._.._.- _.._.. _.._.._..---- .._.. -------- ._.. I r..___.. --- .._.._.._ PROPOSED A00RIONpI RIGHT-0F -WAY (30 FEET) _.. _.._.. �.. —.. —.. _.. —I I I I I PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT I I SOUTH PROPERTY LINE I I THE NORTH 75 FEET OF THE SOUTH 105 FEET TRACT 123 I I I I I —�I I I I I NORTH NOT TO SCALE CoUer County Transportation Engmeenng 6 Construction Managsment Deoaihnent 0329107 4:31 PM 10C 007 234 May PROJECT NO, 60044 Page 133 of PROJECT PARCEL NO. 165RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH ECHO (T (NOT A SURVEIL Pagle s of THE EAST 70 FEET OF THE WEST 120 FEET OF THE NORTH 150 FEET OF THE SOUTH 180 FEET OF TRACT 11, GOLDEN GATE ESTATES UNIT NO. 68, AS RECORDED IN PLAT BOOK 5, PAGE 90 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.241 ACRES, MORE OR LESS. 'f'EgPETUAL, NON-EXCLUSIVE KW RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT NORTH NOT TO SCALE Collier County TrdmPD=m Engineering 8 ComMtIon Management DeparMent 030107 4:31 PM I oc 307 234 i I THE NORTH 150 FEET OF THE I I SOUTH 180 FEET OF TRACT 11 I I I i2E I c I I I I I � I I T I I I 30 FEET I I PROPOSED ADDITIONAL RIGHT -OF -WAY (7D FEET( I EAST HALF OF EMSTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGFbOF WAY (50 FEET) NORTH NOT TO SCALE Collier County TrdmPD=m Engineering 8 ComMtIon Management DeparMent 030107 4:31 PM I oc 307 234 May PROJECT NO. 60044 Page 134 PROJECT PARCEL NO. 167RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHITIT A (NOT A SURVEY) Pa� (G-- ��off- �� _Lo- -- THE EAST 70 FEET OF THE WEST 120 FEET OF TRACT 12, GOLDEN GATE ESTATES UNIT NO. 68, AS RECORDED IN PLAT BOOK 5, PAGE 90 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.530 ACRES, MORE OR LESS. TRACT 12 PERPETUAL, NON- EXCLUSNE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT PROPOSED ADDITIONAL RIGHT ,0F.WAY (]D FEET) EAST HALF . OF EXISTING 100 FODT WIDE EVERGLADES BOULEVARD RIGHT -G -WAY 1 (50 FEET) NORTH NOT TO SCALE Collier County T2ospormurn Engineering & Gomtructon Management Deporlmenl 030M74:32 PM 10C :007 234 May PROJECT NO. 60044 Page 135 of PROJECT PARCEL NO. 169RDUE PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT (NOT A SURVEY) � ( .� of , , ` 7 THE EAST 70 FEET OF THE WEST 120 FEET OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF TRACT 13, GOLDEN GATE ESTATES UNIT NO. 68, AS RECORDED IN PLAT BOOK 5, PAGE 90 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.121 ACRES, MORE OR LESS. THE SOUTH 75 FEET OF THE NORTH 150 FEET OF TRACT 13 PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -OF -WAY, DRAJNAGE _.._ „_,._„ AND UTILITY EASEMENT PROPOSED ADDITIONAL RIGHT -OF -WAY (10 FEET) _.,_ .._.._.._.._,._.._.._.._..___.. _.. _.. _.._.. ._.. .._.._.._. _.. _.. _.._.._.._., /EAST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT- OF-WAY (50 FEET) NORTH NOT TO SCALE Collier County Transportation Engineering & Constmoon Management Depetlmenl 03129107 4:42 PM i oc 007 234 PROJECT NO. 60044 Page 1 PROJECT PARCEL NO. 170RDUE PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT (NOT A SURVEY) page of THE EAST 70 FEET OF THE WEST 120 FEET OF THE NORTH 75 FEET OF TRACT 13, GOLDEN GATE ESTATES UNIT NO. 68, AS RECORDED IN PLAT BOOK 5, PAGE 90 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.121 ACRES. MORE OR LESS. THE NORTH 75 FEET OF TRACT 13 PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT PROPOSED ADDITIONAL RIGHT -OF -WAY (70 FEET) ___.. _.. _.._.._.._.. _.._..___. _.. _..___.._.._.._.._____.._.. ._.. _.. _. _ _.._.. _.. _.. _.. /EAST HALFOF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGifr-OF -WAY (50FEET)" NORTH NOT 7o SCALE Collier County Tmmporl ton Engineering & Construction Management Department 03129107 4:43 PM 10C ?007 234 PROJECT NO. 60044 Page 1 PROJECT PARCEL NO. 171RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCHH' IT (NOT A SURVEY) Page Of THE EAST 70 FEET OF THE WEST 120 FEET OF THE SOUTH 300 FEET OF TRACT 14, GOLDEN GATE ESTATES UNIT NO. 68, AS RECORDED IN PLAT BOOK 5, PAGE 9D OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.482 ACRES, MORE OR LESS. I I I I I I I I TRACT 14 I I I I I I I - I 1 1 I I I I PROPOSED ADORIONAL RIGHTAF-WAY (70 FEET) . _.._.._.._..J L.._.._.._.. EAST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT OF -WAY NORTH NOT TO SCALE Cnllier Coumy Tmnspolmnn Engimenng & Gon woion Nlougem nt Department PERPETUAL, NON-EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT (50 FEET) " 03129V 4!43 PM 10C 2007 f 234 PROJECT NO. 60044 Page 1 PROJECT PARCEL NO. 172RDUE PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EX � (NOTA SURVEY) pig of l �f THE EAST 70 FEET OF THE WEST 120 FEET OF THE NORTH 300 FEET OF TRACT 15, GOLDEN GATE ESTATES UNIT NO. 68, AS RECORDED IN PLAT BOOK 5, PAGE 90 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. / EAST HALF OF CONTAINING 0.482 ACRES, MORE OR LESS. THE NORTH 300 FEET OF TRACT 15 I I I —I I I PROPOSED ADDITIONAL RIGHT-0F -WAY (]0 FEET) I EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -Or NORTH NOT TO SCALE I I I I � ¢OLrtH PROPERTY .LEE 30 FEET I PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAG AND UTILITY EASEMENT I (50 FEET) Daher County Tmnspm on Enameenng 8 Constma n Maoagemenl DeDa ,t 03(2910]444 PM 1DC 007 234 PROJECT NO. 60044 Page 1 PROJECT PARCEL NO. 173RDUE PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT (NOT A SURVEY) Pagk of--Lq'T THE EAST 70 FEET OF THE WEST 120 FEET OF THE SOUTH 75 FEET OF TRACT 16, GOLDEN GATE ESTATES UNIT NO. 68, AS RECORDED IN PLAT BOOK 5, PAGE 90 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.121 ACRES, MORE OR LESS. THE SOUTH 75 FEET OF TRACT 16 PERPETUAL, NON - EXCLUSIVE • - " - .. -• . - - " - " - " - " ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT PROPOSED ADDITIONAL RIGHT -OF -WAY (70 FEET) EAST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT-OF -WAY (50 FE E( NORTH NOT TO SCALE Cdller County TranspoMbon Engmeenng 6 Consloudlon Management DeNuMent 0301074:44 PM 10C 007 234 May F PROJECT NO. 60044 Page 140 PROJECT PARCEL NO. 174RDUE PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHlBIT� (NOT A SURVEY) PA L of 1 4 THE EAST 70 FEET OF THE WEST 120 FEET OF THE NORTH 75 FEET OF THE SOUTH 150 FEET OF TRACT 16, GOLDEN GATE ESTATES UNIT NO. 68, AS RECORDED IN PLAT BOOK 5, PAGE 90 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.121 ACRES, MORE OR LESS. THE NORTH 75 FEET OF THE SOUTH 150 FEET OF TRACT 16 HE'E-WAL, NON - EXCLUSIVE ID RIGHT -OF -WAY, DRAINAGE AND UTIUTY EASFU IEWT PROPOSED ADDITIONAL RIGHT AF -WAY (70 FEET( / EAST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF-WAY (50 FEET) / WEST PROPER LINT NORTH NOT TO SCALE Collier County Trunspor�atbn ErglmonW & Conot ucton Management Oepanment 031291074.45 PM 10C 007 234 N 'o Z .6 �- TV 0) -t6o d c m m Q PROJECT NO. 60044 PROJECT PARCEL NO. 175RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION 84 SKETCH EXHIBIT A (NOT A SURVEY) Page of , / THE EAST 70 FEET OF THE WEST 120 FEET OF THE SOUTH 75 FEET OF THE NORTH 180 FEET OF TRACT 16, GOLDEN GATE ESTATES UNIT NO. 68, AS RECORDED IN PLAT BOOK 5, PAGE 90 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.121 ACRES, MORE OR LESS. THE SOUTH 75 FEET OF THE NORTH 180 FEET OF TRACT 16 PROPOSED ADDITIONAL RIGHT-OF-WAY (]0 FEET) PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT _.. _.._.._.. _.. . _. ._.._.._..___ „_.._..___.._.._.. _.. _..___ __.._. .... _ _.. _.. _.. _.. _.. / EAST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT-CF-WAY (50 FEET) NORTH NOT TO SCALE Collier County TmmpoR lion Engineenng& Consftman Management Depamnent 0312910'14:45 PM (_) T O N N O O Z m N � TV .22 m m @ @ � n. m Q PROJECT NO. 60044 PROJECT PARCEL NO.176RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCEXHIBIT (NOT A SURVEY) Page of 14 THE EAST 70 FEET OF THE WEST 120 FEET OF THE NORTH 105 FEET OF TRACT 16, GOLDEN GATE ESTATES UNIT NO. 68, AS RECORDED IN PLAT BOOK 5, PAGE 90 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.169 ACRES, MORE OR LESS. THE NORTH 105 FEET OF TRACT 16 PROPOSED ADDRIONAL RIGH60F WAY (70 FEET) PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -OF -WAY, DRA{NAGE AND UTILITY EASEMENT _.._.._ ..__— _.._.._.._.._________.. —.._ ___ �EASTHALFOF EXISTING 100FOOTW IDEEVERGWDE380DLEVARDRIGHT -OF -WAY ISOFEETI NORTH NOT TO SCALE CAW County Tm WMt,, Eng,,mnng 6 COII=i Management Depahmen! 0300 446 PM _ o Env m a C m Q PROJECT NO. 60044 PROJECT PARCEL NO. 177RDUE PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT (NOT A SURVEY) P9ge !0 of THE EAST 70 FEET OF THE WEST 120 FEET OF THE SOUTH 180 FEET OF TRACT 1, GOLDEN GATE ESTATES UNIT NO. 65, AS RECORDED IN PLAT BOOK 5, PAGE 88 OF THE PUBLIC RECORDS OF COLLIER COUNTY; FLORIDA. CONTAINING 0.289 ACRES, MORE OR LESS. THE SOUTH 180 FEET OF TRACT 1 PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE •— •— ••— ••— ••— •• —• —•• AND UTILITY EASEMENT PROPOSED ADDITIONAL RIGHT -OF -WAY (70 FEE) EAST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT-OF-WAY (50 FEET) WEST PROPERTY LINE NORTH NOT TO SCALE Collier County TrmiapoW on Engineenng & Consfr =n Management Depermrent 03/19107 4:46 PM Uti7 � O N N � o z °� <r � T� C N �� m m m 0- C 41 m Q PROJECT NO. 60044 PROJECT PARCEL NO. 178RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT l 1 (NOT A SURVEY) Page of� THE EAST 70 FEET OF THE WEST 120 FEET OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF TRACT 1, GOLDEN GATE ESTATES UNIT NO. 65, AS RECORDED IN PLAT BOOK 5, PAGE 88 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. NORTH PROPERTY LINE CONTAINING 0.121 ACRES, MORE OR LESS. THE SOUTH 75 FEET OF THE NORTH 150 FEET OF TRACT 1 PROPOSED ADDITIONAL RIGHT -OF -WAY (70 FEET) SOUTH PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT _.._.._.. _.._.._.._ — _ — __—._ — '. —.. _..___.. / EAST HALFOF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT OF WAY (50 FEET) WEST PROPERTY LINE NORTH NOT TO SCALE Colley County Tmnsporalion Egmeenny 8 Gonmmdcn Manapemsrt Depa"Pt 0MOM7 8:25 AM �N "o co � TV m m Q PROJECT NO, 60044 PROJECT PARCEL NO. 179RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT (NOT A SURVEY) 1 0 o' t q THE EAST 70 FEET OF THE WEST 120 FEET OF THE NORTH 75 FEET OF TRACT 1, GOLDEN GATE ESTATES UNIT NO. 65, AS RECORDED IN PLAT BOOK 5, PAGE 88 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.121 ACRES, MORE OR LESS. THE NORTH 75 FEET OF TRACT 1 PROPERTY LINE SOUTH PROPERTY LINE PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT PROPOSED ADDITIONAL RIGHT -OF -WAY p0 FEET) ✓ EAST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY (50FEET) WEST PROPERTY LINE NORTH NOT TO SCALE Collier County Transportation Engineering & CorwVOdion Management Department 03130107 6 '.32 AM O N N O O Z °J CD Tv ar m m � a m m PROJECT NO, 60044 PROJECT PARCEL NO. 181RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT � ' n (NOT A SURVEY) & of LQq' THE EAST 70 FEET OF THE WEST 120 FEET OF THE NORTH 75 FEET OF THE SOUTH 150 OF TRACT 2, GOLDEN GATE ESTATES UNIT NO. 65, AS RECORDED IN PLAT BOOK 5, PAGE 88 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.121 ACRES, MORE OR LESS. THE NORTH 75 FEET OF THE SOUTH 150 FEET OF TRACT 2 PERPETUAL, NON- EXCLUSIVE ..... — .. — .. _ .. _ .. ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT PROPOSED ADDITIONAL RIGHT -OF -WAY (70 FEET) EAST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT-OF WAY (50 FEET) NORTH NOT TO SCALE Colter Downy Tmnspo ton Engmeenng 8 Gonstro n Management Department 03I30107 8:39 AM ca`o N �o TV m 71 IL c m m a PROJECT NO- 60044 PROJECT PARCEL NO. 182RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT (NOT A SURVEY) THE EAST 70 FEET OF THE WEST 120 FEET OF THE SOUTH 75 FEET OF THE NORTH 180 FEET OF TRACT 2, GOLDEN GATE ESTATES UNIT NO. 65, AS RECORDED IN PLAT BOOK 5, PAGE 88 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.121 ACRES, MORE OR LESS. THE SOUTH 75 FEET OF THE NORTH 180 FEET OF TRACT 2 PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT PROPOSED ADDITIONAL RIGHT -OF -WAY (70 FEET) EAST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT OF -WAY 1 (50 FEET) NORTH NOT TO SCALE CoNer ONO TranspnWN Engmeenng 8 Co,a ucbw Management De"ftem 03/30/078:40 AM � O N E O Z � N Ems m -moo d C N Q PROJECT NO, 60044 PROJECT PARCEL NO.183RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION &SKETCH EXHIBIT (NOT ASURVEY) Page of THE EAST 70 FEET OF THE WEST 120 FEET OF THE SOUTH 75 FEET OF THE NORTH 105 FEET OF TRACT 2, GOLDEN GATE ESTATES UNIT NO. 65, AS RECORDED IN PLAT BOOK 5 PAGE 88 OF THE PUBLIC RECORDS OF COLLIER COUNTY; FLORIDA. I i I I I _ _ I EAST HALE OF z CONTAINING 0.121 ACRES, MORE OR LESS. THE SOUTH 75 FEET OF THE NORTH 105 FEET OF TRACT 2 I SOUTH PROPERTY LINE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT PROPOSED ADDITIONAL RIGHT -OF -WA (70 FEET) EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF WAY (KFEET)� NOT TO SCALE WherC Ptv TmnspoUa Engmeeny 8 Consaoceon Management Depament 03130101 8 :C1 AM EXHIBIT e of& �? N Pag ° LEGAL DESCRIPTION AND SKETCH co Z vQ Temporary Driveway Restoration Easement Parcel No, 183 TDRE m (This is not a Field Survey) m m � d C DESCRIPTION The North 34.5 feet of the South 63.0 feet of the East 15.0 feet of the West 135.0 feet of the North 105.0 feet of Tract 2, Golden Gate Estates, Unit No. 65, as recorded in Plat Book 5, Page 88 of the Public Records of Collier County, Florida. Containing 517.5 square feet, more or less. 50.0' L _ _EXISTING RIGHT-OF-WAY LINE 0 33RD AVE. N.E. o S 89'40'50" E Y' 680.0' N 89'40'50" W TEMPORARY ftESTORAI101" EASEMENT 1pugArW.3YEARS. _ N BEARINGS AND DIMENSIONS SHOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 65, COLLIER COUNTY, FL. NOT TO SCALE SHEET OF LEGAL DESCRIPTION AND SI H PREPARED W Mo &OREE0, PA STATE OF FLORIDA CERTIq M OF AUPgRIZAT W. LS 8698, CLIENT: COLLIER CD. I C HILL ' / e PMJEOT: OIL WELL ROAD JEFFREI'M. 8TLL- PROFE8810J SURVEYOR AM OF STA MAPPER DATE: AFTL 10, 2W7 TE F DA RPhIRTGeTM„vKnice.,. , "e "e. 9241 AMWAY FLORIDA, �12 +F"iy CRMD P� f2W2]G 5F®c(2'ig12'l 7= FLORIDA CERTIFICATE OF AIRHORIZATION No. LH 8588 INfH+ BRE: 1!I'TP: /ry�MNJ.INCI(�MCREm.COM 50.0' NORTH LINE OF TRACT 2 ° (60' RNA w z o g 50.0' ° RIGHT -OF -WAY LINE N (� _ _EXISTING _ —_ — 7G.0 Q m o Z I 12.0' o W Q z o o l M NORTH 105.0' g 3 z O o 3 l OF TRACT 2 V f t z °' v~i ' 15.0' v°wi o N LU ° o °1 TEMPORARY DRIVEWAY 110 w N zl z RESTORATION EASEMENT Ln D_ N NO. 183 TDRE 50.0' 50.0' w 1 70.0' (517.5± SQUARE FEET) N 89'40'50" W TEMPORARY ftESTORAI101" EASEMENT 1pugArW.3YEARS. _ N BEARINGS AND DIMENSIONS SHOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 65, COLLIER COUNTY, FL. NOT TO SCALE SHEET OF LEGAL DESCRIPTION AND SI H PREPARED W Mo &OREE0, PA STATE OF FLORIDA CERTIq M OF AUPgRIZAT W. LS 8698, CLIENT: COLLIER CD. I C HILL ' / e PMJEOT: OIL WELL ROAD JEFFREI'M. 8TLL- PROFE8810J SURVEYOR AM OF STA MAPPER DATE: AFTL 10, 2W7 TE F DA RPhIRTGeTM„vKnice.,. , "e "e. 9241 AMWAY FLORIDA, �12 +F"iy CRMD P� f2W2]G 5F®c(2'ig12'l 7= FLORIDA CERTIFICATE OF AIRHORIZATION No. LH 8588 INfH+ BRE: 1!I'TP: /ry�MNJ.INCI(�MCREm.COM � O N �N O O Z°Do r TICI c m m � a m m a PROJECT NO. 60044 PROJECT PARCEL NO. 184RDUE PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT_ (NOT A SURVEY) Page Of J # THE EAST 70 FEET OF THE WEST 120 FEET OF TRACT 3, LESS THE SOUTH 30 FEET THEREOF;GOLDEN GATE ESTATES UNIT NO. 65 -A, AS RECORDED IN PLAT BOOK 9, PAGE 46 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. CONTAINING 0.321 ACRES, MORE OR LESS. TRACT 3 NORTH PROPERTY LINE SOUTH PROPERTY LINE I I I I 30 FEET PERPETUAL, NOWEXCLUS VE ROAD RIGHT -OF -WAY E , DRAT G..- .- _.. -.._.. _.. _.._.._.. _.. _I AND UTILITY EASEMEN PROPOSED ADDITIONAL RII 170 FEET) I I _..— .._.._.. _.. _.._____.._.. _..___ —.. _.._.1 L.._.._ EAST HALF OF EXISTING 100 FOOT WIDE EVERGLADES SOUL VARD RIGHbOFWAY —/� IZ 50 FEET) WEST PROPERTY LINE NOT TO SCALE Goll r GounW T2nsporle m Engmeenng & Gonm=n Management Dep pent 0130107 8A7 AM �M � N -o Z °J� E @� m Q PROJECT NO. 60044 PROJECT PARCELS NO. 185RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION AND SKETCH EXHIBIT (NOT A SURVEY) Page /� of THE WEST 30 FEET OF THE EAST 80 FEET OF THE SOUTH 180 FEET OF TRACT 117, GOLDEN GATE ESTATES, UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 0.124 ACRES, MORE OR LESS. EAST PROPERTY LINE WEST HALF OF EXISTING 100 FOOT WIDE VERGLADES BOULEVARD RIGHT -OF -WAY OD PERPETUAL, NON - EXCLUSIVE THE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT SOUTH 180 FEET NORTH PROPERTY LINE OF TRACT 117 NORTH NOT TO SCALE Collier County TFnnsocrown E creenng & Commucean Management Department )F -WAY _ (51) FEET) 03130107 8 '51 AM ooh N �HIBIT z ° LEGAL DESCRIPTION AND SKETCH c Temporary Driveway Restoration Easement Parcel No. 185 TDRE m (This is not a Field Survey) — m m m � a c Q DESCRIPTION The South 32.0 feet of the North 46.0 feet of the West 20.0 feet of the East 1 00.0 feet of the South 180.0 feet of Tract 117, Golden Gate Estates, Unit No. 64, as recorded in Plat Book 7, Page 64 of the Public Records of Collier County, Florida. Containing 640.0 square feet, more or less. S 89'40'50" E 680.0' 14.0' 30.0' 7 50.0 50.0' 20.0' 01 I TEMPORARY DRIVEWAY RESTORATION EASEMENT NO. 185 TORE L _ ,�_� (640± SQUARE FEET) 20.0' w z TEMPORARY DRIVEWAY < I w o C W w z RESTORATION EASEMENT 3 Y -.1 ¢ C0 . (Ot1RATFN:9 YEW ILL 3 a a 3 ILLI 1= w ° O F o (Y of N SOUTH 180.0' 2 w 3 O = OF TRACT 117 I r J o o '^ ~O to N W N I a Iz w U w NOT TO SCALE SOUTH UNE OF TRACT 117 30.0' 1 50.0' 50.0' N 89'40'50" W I 680.0' BEARINGS AND DIMENSIONS SHOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 64, COLLIER COUNTY, FL. LEGAL OESCRIPRON AND SKFrOH PREPARED W McI(IM6OREED, PA STATE OF FLORM CE FICATE OFAU ORQ TION No, M WN. /h. CLIENT: COLLIER CO. /CHWHLL I PROJECT: OIL WELL ROAD DATE: ARIL 18, 2007 8241 DAC WAY lrrl��l�/1vNr; _Kr•rll PoRT N11'ERS•FLORIASO WAY V PHONE: (239) 2 16 5 Fu: R39) 216-7020 FLORIDA CERI ROATE OF AUi)IO MDN No. LB 85E5 IN NE ORE: FRTPINANVl.MCpMCREEO.WM N 0 Z � M Tln m IL C N m Q PROJECT NO. 60044 PROJECT PARCELS NO. 186RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION AND SKETCH EXHIBIT (NOT A SURVEY) Pag®� of THE WEST 30 FEET OF THE EAST 80 FEET OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF TRACT 117, GOLDEN GATE ESTATES, UNIT NO. 64, AS RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.052 ACRES, MORE OR LESS. WEST HALF OF EXISTING IOU FOOT WIDE EVERGL PERPETUAL, NON- EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT ___roameEOPeaTY_ INF - EAST PROPERTY LINE BOULEVARD R 7B-OF WAY (50 FEET)/ THE SOUTH 75 FEET OF THE NORTH 150 FEET OF TRACT 117 NORTH NOT TO SCALE Co er CWMV Tmnspo bon Engme nng 8 Core ctbn Management DawmeM 03rAiO7 "3 AM oCDM N 0 O Z cro a T E �+ LT -tea a m a PROJECT NO. 60044 PROJECT PARCEL NO. 187RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION 8 SKETCH EXHIBIT (NOT A SURVEY) 8 0 1 V THE WEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 75 FEET OF TRACT 117, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING .052 ACRES, MORE OR LESS WEST HALF OF E %ISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT OF-WAY (50 FEET) / PROPOSED ADDITIONAL RIGHT-OF-WAY (30 FEET) z PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT THE NORTH 75 FEET OF TRACT 117 NOT TO SCALE Collor County Trenswitatlon Engmee,Tg a 0onslrucoon Management Depanment � SOUTH PROPERTY LINE 0313D)07 &M AM M EXHIBIT� N Pa� I� ° LEGAL DESCRIPTION AND SKETCH @ Temporary Driveway Restoration Easement Parcel No, 187 TDRE W2 ° (Phis is not a Field Survey) m m � a c Q DESCRIPTION The South 35.5 feet of the North 40.5 feet of the West 15.0 feet of the East 95.0 feet of the North 75.0 feet of Tract 117, Golden Gate Estates, Unit No. 64, as recorded in Plat Book 7, Page 64 of the Public Records of Collier County, Florida. Containing 532.5 square feet, more or less. S 89'40'50" E 680.0' NORTH UNE OF TRACT 1175.0- 5D.C' 50.0" �Fi 5.0 _z w ❑ n TEMPORARY DRIVEWAY Ui I J I J i ooM �ocv 0 0 TICJ m PROJECT NO. 60044 PROJECT PARCEL NO. 188RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION 8, SKETCH EXHIBIT (NOT A SURVEY) Page //& of� THE WEST 30 FEET OF THE EAST 80 FEET OF THE SOUTH 75 FEET OF TRACT 118, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING .052 ACRES, MORE OR LESS f WESTHALFO° EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY (50 FEET) PROPOSED ADDITIONAL RIGHT -OF WAY 130 FEET) z PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT THE SOUTH 75 FEET OF TRACT 118 NOT TO SCALE Collier County Tmmpo on Engmeenng 8 Conatmdion Management Dep omen! 4 5QUTM PROPERTY LINF 03130.'07855 AM °) M N O Z °6r� hln [P C N m Q PROJECT NO. 60044 PROJECT PARCEL NO. 189RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT (NOT A SURVEY) Page I1 o L THE WEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 75 FEET OF THE SOUTH 150 FEET OF TRACT 118, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. A" WEST HALF OF z CONTAINING .052 ACRES, MORE OR LESS EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY _PROPOSED ADDITIONAL RIGHT- OF-WAV (30 FEET) PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT THE NORTH 75 FEET OF THE SOUTH 150 FEET OF TRACT 118 NOT TO SCALE Collier Cowry TmnspWatun Egineermg &Coma dDn Management Depa.mnt (50 FEET) / WNW 8:56 AM O O N 0 z co m a PROJECT NO. 60044 PROJECT PARCEL NO. 19ORDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION 8L SKETCH EXH�B�T (NOT A SURVEY) Page 14 of le THE WEST 30 FEET OF THE EAST 80 FEET OF THE SOUTH 150 FEET OF THE NORTH 180 FEET OF TRACT 118, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.103 ACRES, MORE OR LESS WESTHALFOF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY r.._____ ___..___..___.._. ___.._.._.._ PROPOSED ADDITIONAL RIGHT -OF -WAY (30 FEET) I I PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE THPROPERTY LI AND UTILITY EASEMENT I '. 1 I I I THE SOUTH 150 FEET OF THE NORTH 180 FEET OF TRACT 118 t I I I I I I I I I I I I I I z NOT TO SCALE GaMl County Tmnsporlawn Egmeenng& Construction Management Depart m (50 FEET) / 0313010] 8:57 AM N 0 z°Jrn m IL m m PROJECT NO. 60044 PROJECT PARCEL NO. 191RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBI (NOT A SURVEY) Page %/ of THE WEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 75 FEET OF THE SOUTH 105 OF TRACT 119, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.052 ACRES, MORE OR LESS WESTHALFOF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY PROPOSED ADDITIONAL RIGHT -OF -WAY (30 FEET) 1 PERPETUAL, NON -EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT - NORTH PROPERTY LINE - I I THE NORTH 75 FEET OF THE SOUTH 105 FEET OF TRACT 119 I I I z NOT TO SCALE Collier CWWnN Tmnsp mt*n EN,eenng & CenSVWC ion MenegemeM Depa, n rt (50 FEET) / I I I SOUTH PROPERTY LINE I I I I 03(40107 905 AM 00(`) � O N N O Z °6 O O 0e : N Ii m a PROJECT NO. 60044 PROJECT PARCEL NO, 192RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXN�BIT� (NOT A SURVEY) Pag-e ao Of iq� THE WEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 75 FEET OF THE SOUTH 180 OF TRACT 119, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.052 ACRES, MORE OR LESS WEST HALF OF EXISTING 100 FOOT WIDE =VERGILADES BOULEVARD RIGHT -OF WAY (50 FEET) PROPOSED AODPICNAL RIGH OFWAY(30 FE .. PERPETUAL, NON- EXCLUSIVE ROAD RIGHT —OF -WAY. DRAINAGE AND UTILITY EASEMENT NORTH PROPERTY LINE z THE NORTH 75 FEET OF THE SOUTH 180 FEET OF TRACT 119 NOT TO SCALE Collier Gaanty Tranaaortetwn Engineetmg & CMWU7ion Management Degaement 0313BI07 9 '05 AM C) �O M 7 N �o G � � Em— .E 2i cD m m a PROJECT NO. 60044 PROJECT PARCEL NO. 193RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT � (NOT A SURVEY) / / //// 111111 Page ofd THE WEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 150 FEET OF TRACT 119, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. — —� WEST HALF OF z CONTAINING 0.103 ACRES, MORE OR LESS EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF WAV (50 FEET) PROPOSED ADDITIONAL RIGHT OF WAY (30 FEET; PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT THE NORTH 150 OF TRACT 119 NOT TO SCALE Collier County Tra.a mlian En91neenng 8 Consftn Management Depeement 03/30/07 9 :07 AM C) � O N 6 0 ZMN m IL c m m a PROJECT NO. 60044 PROJECT PARCEL NO, 194RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCHY ��B'� (NOT A SURVEY) fie_ Of THE WEST 30 FEET OF THE EAST 80 FEET OF TRACT 120, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.227 ACRES, MORE OR LESS �ST PROPERTY LINE WESTHAIPOF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY (50 FEET _.._.___.._.. _.. _.. - -" PROPOGEO ApORIONAL RIGHiOF WAY (30 FEETf_—————--- "___.. z PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT TRACT 120 NOT TO SCALE Collier County TmnsportWn ENtneenN 0 Cone== Management DepaN nl 013017 9 '00 AM an� N `0 m a d a) m Q PROJECT NO. 60044 PROJECT PARCEL NO. 196RDUE PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT 4 (NOT A SURVEY) Page _f a3 of �14( THE WEST 30 FEET OF THE EAST 80 FEET OF THE SOUTH 150 FEET OF TRACT 122, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. CONTAINING 0.103 ACRES, MORE OR LESS. / WESTHALFDF I EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY (50FEET)' ..Y _. _.._.. _.. _.._.._..___.._.._.._..___.. _ — PROPOSED ADDITIONAL RIGHT- OF-WAV (30 FEET3 PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT THE SOUTH 150 FEET OF TRACT 122 <1 — NORTH NOT TO SCALE Callier County Tmmporleton Engineenng 8 Constrw on Management Deparink;nl 03130107 8 '.58 AM Dori O N N O O Z °�a >'cp m -f0o d a PROJECT NO. 60044 PROJECT PARCEL NO. 197RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT (NOT A SURVEY) Page Ld of I y THE WEST 30 FEET OF THE EAST 80 FEET OF THE SOUTH 150 FEET OF THE NORTH 180 FEET OF TRACT 122, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY; FLORIDA. CONTAINING 0.103 ACRES, MORE OR LESS. EAST PRi WEST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT-OF r_.. -I ._.._.._.._._ _ _ _ _ _ _ _ _ _ _ PROPOSED ADDITIONAL RIGHT -OF WAY (30 FEET) I I PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT I I NORTH PROPERTY LINE I THE SOUTH 150 FEET OF THE NORTH 180 FEET OF TRACT 122 I I I I I 30 FEET' _ I I I NORTH NOT TO SCALE ColVmr County TMMNp Wn Englneenng B Conefmftn Management Degaffinent (50 FEET) 03130107 8:59 AM rJra �N 0 Z °D In T� �2 m m a C OJ 01 d PROJECT NO. 60044 PROJECT PARCEL NO. 198RDUE PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT (NOT A SURVEY) Page J ' I Qy THE EAST 70 FEET OF THE WEST 120 FEET OF THE SOUTH 300 FEET TRACT 10, GOLDEN GATE ESTATES UNIT NO. 65, AS RECORDED IN PLAT BOOK 5, PAGE 88 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. CONTAINING 0.482 ACRES, MORE OR LESS. I I I I I I I THE SOUTH 300 FEET OF TRACT 10 I I I I iRTH PROPERTY LINE I I I I 30 FEET I I� I I I I PROPOSED AUDIPONAL RIGHT-OF WAY (70 FEET) I I EAST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT OF -WAY WEST PROPERTY LINE PERPETUAL, NON -EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT (50 FEET) NOT TO SCALE Collier County Transportation E ga eemg 3 Consbudmn Management Deoartment 03130107 S:00 AM U O M � O N O O Z ° Uo m_ gy m °o O cm m PROJECT NO. 60044 PROJECT PARCEL NO. 199RDUE PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT4 (NOT A SURVEY) Page la(D pf THE EAST 70 FEET OF THE WEST 120 FEET OF TRACT 9, GOLDEN GATE ESTATES UNIT NO. 65, AS RECORDED IN PLAT BOOK 5, PAGE 88 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. CONTAINING 0.530 ACRES, MORE OR LESS, TRACT 9 PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT PROPOSED ADDRIONAL RIGHT -OF -WAY (]0 FEET) / EAST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY (50 FEET) WEST PROPERTY LINE NORTH NOT TO SCALE Collier County Trm Wmfion Engln%nng B ConsWGron Management Department 03I30N7 9 :00 AM •N 0 Z'6 I� E @� m PROJECT NO. 60044 PROJECT PARCEL NO. 204RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT__A__ (NOT A SURVEY) Paglel,91 of__L?6L THE EAST 70 FEET OF THE WEST 120 FEET OF THE SOUTH 150 FEET OF THE NORTH 180 FEET OF TRACT 6, GOLDEN GATE ESTATES UNIT NO, 65, AS RECORDED IN PLAT BOOK 5, PAGE 88 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.241 ACRES, MORE OR LESS. I I I I I I I THE SOUTH 150 FEET OF THE I OF NORTH 180 FEET OF TRACT 6 I I NORTH PROPERTY LINE I I I I I I I 30 FEET I I PROPOSED ADDITIONAL RIGHT OF-WAY (70 FEET) / EAST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT -OF -WAY SOUTH PROPERTY LINE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT (50 FEET) NOT TO SCALE Colike Carty Transportation Engineenng & Commocton Management DepatlmeM 03130/07 9:15 AM U�� O o cn SON N O Z ° QD _E m - m m m PROJECT NO. 60044 PROJECT PARCEL NO. 205RDUE PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION 8a SKETCH E(H�B�T (NOT A SURVEY) Page' Off THE EAST 70 FEET OF THE WEST 120 FEET OF THE SOUTH 150 FEET OF TRACT 6, GOLDEN GATE ESTATES UNIT NO. 65, AS RECORDED IN PLAT BOOK 5, PAGE 88 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. NORTH PROPERTY LINE CONTAINING 0.241 ACRES, MORE OR LESS. THE SOUTH 150 FEET OF TRACT 6 PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT PROPOSED ADDITIONAL RIGHrOF.WAY p0 FEET) SOUTH PROPERTY LINE _.._.._ _.._______ .._..___.._.._.._.._.— .1— .._.._ EAST HALF OF EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHTOF -WAY X50 FEET NORTH NOT TO SCALE C011er GW ty Transpp wn Erginaenng &Consbu n Management Depa"ent 03/30.'079:16 AM aUw cj M N `o °o IL C N t7) Q PROJECT NO. 60044 PROJECT PARCEL NO, 206FEE EXHIBIT FEE SIMPLE INTEREST Paged ofd LEGAL DESCRIPTION (NOT A SURVEY) ALL OF TRACT 5, GOLDEN GATE ESTATES UNIT NO. 65, AS RECORDED IN PLAT BOOK 5, PAGE 88 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 5.15 ACRES, MORE OR LESS. FEE SIMPLE INTEREST Collier County Tmmpona0on Engineenng &Con w*on MenagemeM Depanment 031301079:17 AM U 7 O O th O N N O O Z °JO TI`S C t6 r d� N � a c m m Q PROJECT NO 60044 PROJECT PARCEL NO. 207FEE EXHIBIT FEE SIMPLE INTEREST Page Of LEGAL DESCRIPTION (NOT A SURVEY) ALL OF TRACT 4, GOLDEN GATE ESTATES UNIT NO. 65 -A, A REPLAT OF GOLDEN GATE ESTATES UNIT 65, AS RECORDED IN PLAT BOOK 9, PAGE 46 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 2.60 ACRES, MORE OR LESS. FEE SIMPLE INTEREST Cdllm County Tmnsportaaon Engmeemg & Conmmction Managemem Department 03130107 9:21 AM ALL OF TRACT 4A, GOLDEN GATE ESTATES UNIT NO. 65 -A, AS RECORDED IN PLAT BOOK 9, PAGE 46 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 2.46 ACRES, MORE OR LESS. FEE SIMPLE INTEREST Collier County Trenspne Erigmeenng& Construction Management DeparlmenI 03!301079:21 AM PROJECT NO. 60044 iL PROJECT PARCEL NO. 208 FEE EXHIBIT FEE SIMPLE INTEREST P8a6 (°j Of� z Y Ems _ al m @ a LEGAL DESCRIPTION a (NOT A SURVEY) ALL OF TRACT 4A, GOLDEN GATE ESTATES UNIT NO. 65 -A, AS RECORDED IN PLAT BOOK 9, PAGE 46 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 2.46 ACRES, MORE OR LESS. FEE SIMPLE INTEREST Collier County Trenspne Erigmeenng& Construction Management DeparlmenI 03!301079:21 AM oor� � O N 0 Z oc N E @� @� N 7D a C N m Q PROJECT NO. 60044 PROJECT PARCEL NO. 209 FEE FEE SIMPLE INTEREST EXHIBIT LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE SOUTH 100 FEET OF TRACT 23, GOLDEN GATE ESTATES UNIT NO. 65 -A, AS RECORDED IN PLAT BOOK 9, PAGE 46 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.758 ACRES, MORE OR LESS. TRACT 23 FEE SIMPLE — — — — INTEREST PROPOSED ADDITIONAL RIGHT OF -WAY (100 FEET) NOT TO SCALE C01IRr County TmnsWOMon Engineenng & ConsV mn Management De"ent 100 FEET N O R T H 03130107 9:21 AM � N -O ZOOM 0 alo a m Q PROJECT NO. 60044 PROJECT PARCEL NO. 213 FEE FEE SIMPLE INTEREST EXHIBIT Page )J3 of�i LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE SOUTH 100 FEET OF TRACT 55, GOLDEN GATE ESTATES UNIT NO. 65 -A, AS RECORDED IN PLAT BOOK 9, PAGE 46 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.758 ACRES, MORE OR LESS. TRACT 55 FEE SIMPLE INTEREST PROPOSED ADDITIONAL RIGH -OF-WAY (100 FEET) NOT TO SCALE Collier Caner Tramporiemn Engineering& Construction Management o p rament 100 FEET N O R T H 03130107 9 :5] AM U0v � O N O Z w V E _ Q, o a c d m Q PROJECT NO. 60044 EXHIBIT PROJECT PARCEL NO. 214 FEE �2LL FEE SIMPLE INTEREST �®.�,L Of i LEGAL DESCRIPTION a SKETCH (NOT A SURVEY) THE WEST 100 FEET OF TRACT 55A, GOLDEN GATE ESTATES UNIT NO. 65 -A, AS RECORDED IN PLAT BOOK 9, PAGE 46 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.513 ACRES, MORE OR LESS. P40POSED AW nipNAL FIGHT OF -WAY (IW FEET) I FEE SIMPLd INTEREST I WEST PROPERTY LINE I TRACT 55A I I I N O R T H NOT TO SCALE Colley COUM 7mnsppton Englneenng a ConstrucW Nanagemenl Cep Ft 031MI07 9 :58 AM N 0 E @� �90 a C d m Q PROJECT NO. 60044 PROJECT PARCEL NO. 215 FEE EXHIBIT FEE SIMPLE INTEREST Page j . o '� / LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) ALL OF TRACT 58, GOLDEN GATE ESTATES UNIT NO.65 -A, AS RECORDED IN PLAT BOOK 9, PAGE 46 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 2.51 ACRES, MORE OR LESS NOT TO SCALE Collor County Transpomaon Engineering 8 Consncbw Management Depatl nl N O R T H MGM 9:59 AM �°N 0 0 Z°�co m m a PROJECT NO. 60044 EXHIBIT Page PROJECT PARCEL NO. 216 FEE PBf�@ 1 (0 pf FEE SIMPLE INTEREST LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) ALL OF TRACT 71, GOLDEN GATE ESTATES UNIT NO.65 -A, AS RECORDED IN PLAT BOOK 9, PAGE 46 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 2.52 ACRES, MORE OR LESS. TRACT 71 FEE SIMPLE INTEREST EXISTING OIL WELL ROAD RIGRT OF -WAY LINE & PROPERTY LINE NOT TO SCALE Collier County Transporlat. Englneenng 8 C..IlOn Management Department PROPERTY LINE N O R T H 03I3K710.00AM .o z °� r- � TIC � @ r m m PROJECT NO. 60044 EXHIBIT_,L PROJECT PARCEL NO. 221 FEE FEE SIMPLE INTEREST Pe9e,q� � Of—Lq-� LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE SOUTH 100 FEET OF TRACT 74, GOLDEN GATE ESTATES UNIT NO. 65 -A, AS RECORDED IN PLAT BOOK 9, PAGE 46 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.758 ACRES, MORE OR LESS TRACT 74 WEST PROPERTY LINE EAST PROPERTY LINE FEE SIMPLE ' — —' INTEREST PROPOSED ADDITIONAL RIGHT -0F -WAY (10D FEET) NOT TO SCALE Collier County Twsporuftn Engineenrg 8 ConsmItm Management Depahment N O R T H 03130107 10.03 AM oom O N N O Z,:5 O m Em- (D2 m 0 7 a C LJl Q PROJECT NO. 60044 PROJECT PARCEL NO. 222 FEE FEE SIMPLE INTEREST pEX,,,HIBIQT LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE SOUTH 100 FEET OF TRACT 87, GOLDEN GATE ESTATES UNIT NO. 65 -A, AS RECORDED IN PLAT BOOK 9, PAGE 46 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. WEST PROPERTY LINE CONTAINING 0.758 ACRES, MORE OR LESS TRACT 87 FEE SIMPLE ._. _. _. _ - INTEREST PROPOSED ADDITIONAL RIGHT -0FWAY (100 FEET) EXISTING OIL WELL ROAD RIGHT -0F -WAY LINE & PROPERTY LINE NOT TO SCALE Collier County Trmspommon Englneenng & Commuc nn Management DepaNnen! 100 FEET EAST PROPERTY LINE N O R T H 03I3pN] 10:04 AM rvi �N 0 Z DOM E @ — ar 1 a C d m Q PROJECT NO. 60044 PROJECT PARCEL NO. 224 FEE FEE SIMPLE INTEREST EXHIBIT L�3 of I LEGAL DESCRIPTION 84 SKETCH (NOT A SURVEY) THE SOUTH 100 FEET OF TRACT 103, GOLDEN GATE ESTATES UNIT NO. 65 -A, AS RECORDED IN PLAT BOOK 9, PAGE 46 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. WEST PROPERTY LINE CONTAINING 0.758 ACRES, MORE OR LESS TRACT 103 FEE SIMPLE INTEREST PROPOSED ADDITIONAL RIGHT -OF -WAY (100 FEET) EXISTING OIL WELL ROAD RIGHT-OF-WAY LINE & PROPERTY LINE NOT TO SCALE Collier County TmnswiUfion Engimnng & CmM=n Management Department EAST PROPERTY LINE N O R T H 03130)07 10 :14 AM o or> O N N O O W Em- -9, - ) 2 N - m m Lo IL C N m Q PROJECT NO. 60044 PROJECT PARCEL NO. 225 FEE FEE SIMPLE INTEREST LEGAL DESCRIPTION & SKETCH (NOT A SURVE)q EXHIBIT Pegs 140 Ofl THE SOUTH 100 FEET OF TRACT 106, GOLDEN GATE ESTATES UNIT NO. 65 -A, AS RECORDED IN PLAT BOOK 9, PAGE 46 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.758 ACRES, MORE OR LESS WEST PROPERTY LINE TRACT 106 FEE SIMPLE INTEREST PROPOSED ADDITIONAL RIGF -OF-WAY (100 FEET) EXISTING OIL WELL ROAD RIGHT -OF -WAY LINE d PROPERTY LINE NOT TO SCALE Cokr Comte Tmnsporl cn Engmeenng 8 G11111lon Management Oeoatiment FEET EAST PROPERTY UNE N O R T H 031,1010110 15 AM PROJECT NO. 60044 EXHIBIT C1� PROJECT PARCEL NO. 226 FEE I'8 a I�{ I N FEE SIMPLE INTEREST 9 0�—' �+ _0 71 E�� m aD m a LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE SOUTH 100 FEET OF TRACT 119, GOLDEN GATE ESTATES UNIT NO. 65 -A, AS RECORDED IN PLAT BOOK 9, PAGE 46 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. WEST PROPERTY LINE CONTAINING 0.758 ACRES, MORE OR LESS TRACT 119 FEE SIMPLE INTEREST I PROPOSED ADDITIONAL RIGHT -OF WAY (100 FEET) EXISTING OIL WELL ROAD RIGHT OF -WAY LINE & PROPERTY LINE NOT TO SCALE Collier Courm Treneporhatlon Engineering & Cormtrureon Management Department FEET EAST PROPERTY LINE N O R T H 03130107 1016 AM Una �°� O O Z�00 mo d m m PROJECT NO. 60044 PROJECT PARCEL NO. 227 FEE FEE SIMPLE INTEREST EXHIBIT —% Pag e-L of d� LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE SOUTH 100 FEET OF TRACT 122, GOLDEN GATE ESTATES UNIT NO. 65 -A, AS RECORDED IN PLAT BOOK 9, PAGE 46 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.613 ACRES, MORE OR LESS I 100 FEET DRAINAGE EASEMENT N I TRACT 122 II I I i PROPOSED ADDITIONAL RIGHT -OF WAY (100 FEET)I I EXISTING OIL WELL ROAD RIGHT OF WAY LINE & PROPERTY LINE FEE SIMPLE INTEREST NOT TO SCALE Collier CwMy TmffiM p im Engmeenng 8 C.reMd,m ManagemaM Depammenf FAKA UNION CANAL 1O0 FEET N O R T H 03=71O:16 AM N N 0 LEGAL DESCRIPTION AND SKETCH 22 Parcel No. 228 DE (POND 5) CID c IL (This is not a Field Survey) a� FEE SIMPLE INTEREST DESCRIPTION EXHIBIT PageL�j of LqL� A parcel of land lying in Section 16, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 16; thence N 89'43'50" E along the south line of the Southwest Quarter (SW 1/4) of said Section 16, said south line also being the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way), for 1820.26 feet; thence leaving said south line N 00'16'10" W for 150.00 feet to an intersection with the proposed north right —of —way line of said 011 Well Road and the Point of Beginning (said proposed right —of —way line being parallel to and 150.00 feet north of, as measured at right angles from, the said existing center line of Oil Well Road); thence leaving said proposed right —of —way line N 00'00'00" E for 500.00 feet; thence N 89'43'50" E for 250.00 feet; thence S 00'00'00" W for 500.00 feet to on Intersection with the said proposed north right —of —way line of Oil Well Road; thence along said proposed north right —of —way line S 89'4350" W for 250.00 feet to the Point of Beginning. Containing 2.870 acres, more or less. -- I Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'43 "5D" E for the south line of the Southwest Quarter (SW 1/4) of Section 16, Township 48 South, Range 28 East, Collier County, Florida. LEGAL OFBCRIPTION ANa SKETCH PRFPARm eY MOIwdBCR ®.PA , STA'T'E OF FLARIOA CeR11FY'ATE OF A ORUA110N No. LS e58E. CLIi COWER CO. /CH2MHILL ^- A� PRO EC : OIL W0.L ROAD JEFFREY M. 6TILL- PROFESSIONAL SURVEYOR ANO MAPPER STALE OF FLORIDA RWIS 11014 UOFNSE No. LS fl1SS EAM: APRIL 14, 2001 6 /��r�n���/��j y�y� 8241 Fe WAY V U 1�{M �,.L EED PHONE: 290 TbBS]S Fac 238 2T8 Tp2H FlDRIOA .41EOFAUMORIZATIONI No. LS BBOS INIFANETNEr BrrE: Hi1P: /ANNNV.MCKIMGREEp.COM SHEET 1 OF 2 , ,1 i. . I N N 0 0 Eof mm 0� m _ m m m -o a c m m Q LEGAL DESCRIPTION AND SKETCH EXHIBIT pie / ! I pf t-Er- 51 rv>r z"i "* Parcel No. 228 DE (POND 5) J (This is not a Field Survey) O.R. BOOK 2467 PAGE 413 N 89'43'50" E 250.00' so o eo SCALE 1' 6p' 0 O O P.O.B. = POINT OF BEGINNING 228 DE P.C.C. - POINT OF COMMENCEMENT R = RADIUS A = ANGLE L = LENGTH Ch = CHORD (POND 5) CB - CHORD BEARING O.R. = OFFICIAL RECORDS 2.870± W ACRES 3 0 0 0 ,00 0 O.R. BOOK 2467 00 0 PAGE 413 FEE SIM o PLE Z INTEREST P.O.B. S 89'43'50" W 250.00' PROPOSED RIGHT -OF -WAY LINE o Ioo 3 0 b lob 0 0 I(1 b O 00 " EXISTING RIGHT-OF-WAY LINE °o- z N 89'43'50" E _ z o � o r N 89'43'50" E 250.00' .� 1 N 89'43'50" E 1820.28' P.O.C. SW CORNER OF SECTION 16 -48 -28 P.1. STATION 225 +14.60 OIL WELL RD. P.R. 858) I SURVEYEASE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 16 -48 -28 (EXISTING CENTER LINE OF OIL WELL ROAD) SHEET 2 OF 2 � FLOPJDA CERfIROAT E o CLIENT. COWER CO. /CMHILL V LIGRCWAY 2 i A6 ZFb� X / 4 &_KMD P E R OF pg PROJECT: OIL WELL ROAD INR:RNETBRE Irtlpj/yyWyy MCICMCR ®.CON DATE: APRIL 14,2W7 ~�N 0 E @� �2 a) M '�O CL c N Cn Q LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 228 FEE (This is not a Field Survey) FEE SIMPLE !INTEREST DESCRIPTION T paga �'� � ag® aF '� The North 100.00 feet of the South 150.00 feet of Section 16, Township 45 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 16, said corner lying on the existing center line of oil Well Road (C.R. 858, 100' Right —of —Way); thence leaving said center line N 00'50'27" W along the west line of said Section 16 for 50.00 feet to an intersection with the existing north right —of —way line of said Oil Well Road and the Point of Beginning; thence leaving said north line and continuing along said west line N 00'50427" W for 100.01 feet; thence leaving said west line N 89'43'50" E for 2668.27 feet to a point that bears N 00'15'54" W and 150.00 feet from the south One Quarter (1/4) corner of said Section 16; thence N 89'44'22" E for 2670.70 feet to an Intersection with the east line of said Section 16; thence along said east line S 01'27'16" E for 100.02 feet to an intersection with the said existing north right —of —way line of Oil Well Road, said point of intersection bearing N 01'27'16" W and 50.01 feet from the southeast corner of said Section 16; thence leaving said east line and along said north right —of —way line 5 89'44122" W for 2672.77 feet to a point that bears N 00'15'54" W and 50.00 feet from the said south One Quarter (1/4) corner of Section 16; thence continue along said north right —of —way line S 89'43'50" W for 2667.26 feet to the Point of Beginning. Containing 12.258 acres, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being S 89'43 "50" W for the south line of the Southwest Quarter (SW 1/4) of Section 16, Township 48 South, Range 28 East, Collier County, Florida. ST STA� OFF DESORIMON KNCERIIFIC OFA OR MONW. U3 WN PA CLIENT: 001-UER00JOH21AHILL r! PROJECT. qL WELL gOAD JEFFREY F `RIO {qsO /FE881ONAL"` eD.•i'gVEYOr/fq�AND MAPPER DATE: APRIL 14, 2DDT BTATE OF FLORIDA REaI6TMTxNJ LICEN6E Ne. LS 9338 q��� ��� 3241ARC WAY yl�./1�'i�C`LI ILI•�A1 FORT MYERS, FCM) 27, 23812 V PHONE E OF 2]6-BFA6 F� c (289) 2i6 ]028 FLORIDA CERLIFlWTE OFAUM1IORpATION No. IH 6668 INtEFiNEr SRE HrfiJryNAN.MGpMCREET].COM SHEET 1 OF 2 O N N w o O Z °D 0 E � m 2:2 N C 7C d w N M Q LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Paroel No. 228 FEE (This is not a Field Survey) SECTION 15 SECTION 16 S 01'27'16" E EXHIBIT_ 100.02" � Page 1P of l q 120 a 120 SCALE 1" - 120' FEE SIMPLE INTEREST 12.258± ACRES O.R. BOOK 2467 PAGE 413 P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R = RADIUS A = ANGLE L = LENGTH Ch = CHORD CS = CHORD BEARING O.R. = OFFICIAL RECORDS B.O.S. = BEGINNING OF SURVEY N 00'50'27" W 100.01' N 00'50'27` W SECTION 16 17 N 01'27'16" W 50.01' P.O.C. SW CORNER OF SECTION 16 -48 -28 P.I. STATION 225 +14.60 ' SE CORNER OF SECTION 16 -4 I N SHEET 2 OF 2 W IZ P.J. STATION 278 +78+ 55.17 I w —" —�•�v PHONE PLORICA CERRFCIATE OBF AUR ATON No. L 3633 1 = w J Z_ M Q M m SOUTH uNE of THE 1 ¢ SOUTHEAST QUARTER / � iD OF SECTION 16 -48 -28 (EXISTING CENTER LINE N m OF OIL WELL ROAD) N N m ri n N w 3 1 w N NI N N � a N O 0' J Co 00 m Z N ZI 1 Z r LU 0 0 ej N J 100.00' IN '� SOUTH 1/4 CORNER 0015'54` W SECTION 16 -48 -28 O a P.I. STATION 251 +81.36 P.O.C. SW CORNER OF SECTION 16 -48 -28 P.I. STATION 225 +14.60 N 00'50'27" W —� I N SHEET 2 OF 2 W IZ 3241 ARC WAY FORTM� ,F 33812 W Z w UD —" —�•�v PHONE PLORICA CERRFCIATE OBF AUR ATON No. L 3633 PROJEC T OIL WELL ROAD J Z_ M Q ¢ W T LL � iD 3 a N N m G_ 0' J N J D w Z r LU J Ip x O a o W w _J O n SOUTH LINE OF THE 1 w SOUTHWEST QUARTER Z I N OF SECTION 16 -48 -28 Z (EXISTING CENTER LINE OF OIL WELL ROAD) P.O.B. P.O.C. SW CORNER OF SECTION 16 -48 -28 P.I. STATION 225 +14.60 N 00'50'27" W —� 50.00' SHEET 2 OF 2 4& 3241 ARC WAY FORTM� ,F 33812 CUENT: COLUER CO. I CH2MHILL VV —" —�•�v PHONE PLORICA CERRFCIATE OBF AUR ATON No. L 3633 PROJEC T OIL WELL ROAD IMIEFiNEf SIZE HTIPJANNNJ.MCpMCREED.CIXN DATE: APRIL 14, 2DD7 P.O.C. SOUTH LINE OF THE SW CORNER OF P,O.B. = POINT OF BEGINNING SOUTHWEST QUARTER SECTION 16 -46 -28 P,O.C. =POINT OF COMMENCEMENT OF SECTION 16 -48 -28 P.I. STATION 225+14.60 R/W = RIGHT OF WAY SHEET 1 OF 1 IEUN_ DESOlWrON AND 9KET011 MMARED V MoKM60REED, PA 6rATE OF FLORIDA CERTFMM OF AUTHORIZAT9TN No, LB W86 CLIENT: GOWER Co. / aH2MHILL ML � n Oti ---�_ PROJECT: OIL WELL ROAD JEFFREY M. 6TIL9C- PROFE6810NAL /nsuN ajRAND MAw6i DATE: APIIL i4, 2002 STATE OF RORIDA RE(]L4rMTtt]N LICENSE NO. L68398 J l ♦ �� 5241 ARO WAY FORT MYER9, FLORIDA, 33812 , .. V PHONE p.3 F21699]5 FNC (238) M 1!628 FLORIDA CERTIRCATE OFAVI1taRZAIKKJ No. LB 9568 Mr2RNEr Sr E: HTTPJANWW.MCKIMCREED.COM -j: "' - EXHIBIT _/ Pagel of-.4 -0 N LEGAL DESCRIPTION AND SKETCH o Temporary Driveway Restoration Easement Parcel No. 228 TDRE1 aS (This is not a Field Survey) i DESCRIPTION m Q A parcel of land lying in Section 16, Township 4B South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 16; thence N 89'43'50" E along the south line of the Southwest Quarter (SW 1/4) of said Section 16, said south line also being the existing center line of Oil Well Road (C.R. 855, 100' Right —of —Way), for 1467.51 feet; thence leaving said south line N 00'16'10" W for 150.00 feet to on intersection with the proposed north right —of —way line of said Oil Well Road and the Point of Beginning (said proposed right —of —way line being parallel to and 150.00 feet north of, as measured at right angles from, the said existing center line of Oil Well Road); thence leaving said proposed right —of —way line N 00'16'10" W for 45.00 feet; thence N 89'43'50" E for 80.00 feet; thence S 0076'10" E for 45.00 feet to an Intersection with the said proposed north right —of —way line of Oil Well Road; thence along said proposed north right —of —way line S 89'43'50" W for 80.00 feet to the Point of Beginning. Containing 3,600 square feet, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'43 "50" E for the south line of the Southwest Quarter (SW 1/4) of Section 16, Township 48 South, Range 2B East, Collier County, Florida. TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEARS- .__. O.R. BOOK 2467 TEMPORARY DRIVEWAY PAGE 413 RESTORATION EASEMENT NO, 228 TDRE1 (3,600m SQUARE FEET) 45.00' 80.00' N 00100" W N 89'43'50" EX 95.00` S 00'16'10" E �I I/ N N 89'43'50" E PROPOSED RIGHT —OF —WAY LINE �I P.O.B. 0 3 80.00 °0 S 89'43'50" W NOT TO SCALE ° 100'r EXISTING RIGHT-OF-WAY LINE _ IZ 0 b N 89'43'50" E }fit N 89'43'50" E OIL WELL RD. (C.R. 858) 1467.51" P.O.C. SOUTH LINE OF THE SW CORNER OF P,O.B. = POINT OF BEGINNING SOUTHWEST QUARTER SECTION 16 -46 -28 P,O.C. =POINT OF COMMENCEMENT OF SECTION 16 -48 -28 P.I. STATION 225+14.60 R/W = RIGHT OF WAY SHEET 1 OF 1 IEUN_ DESOlWrON AND 9KET011 MMARED V MoKM60REED, PA 6rATE OF FLORIDA CERTFMM OF AUTHORIZAT9TN No, LB W86 CLIENT: GOWER Co. / aH2MHILL ML � n Oti ---�_ PROJECT: OIL WELL ROAD JEFFREY M. 6TIL9C- PROFE6810NAL /nsuN ajRAND MAw6i DATE: APIIL i4, 2002 STATE OF RORIDA RE(]L4rMTtt]N LICENSE NO. L68398 J l ♦ �� 5241 ARO WAY FORT MYER9, FLORIDA, 33812 , .. V PHONE p.3 F21699]5 FNC (238) M 1!628 FLORIDA CERTIRCATE OFAVI1taRZAIKKJ No. LB 9568 Mr2RNEr Sr E: HTTPJANWW.MCKIMCREED.COM -j: "' - EXHIBIT ° N LEGAL DESCRIPTION AND SKETCH Page z 0 Temporary Driveway Restoration Easement Parcel No. 228 TDRE2 c m (This is not a Field Survey) m� m — m m m a DESCRIPTION a� Q A parcel of land lying In Section 16, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the southeast corner of said Section 16; thence S 89'44'22" W along the south line of the Southeast Quarter (SE 1/4) of said Section 16, said south line also being the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way), for 91.78 feet; thence leaving said south line N 00'15'38" W for 150.00 feet to an intersection with the proposed north right —of —way line of said Oil Well Road and the Point of Beginning (said proposed right —of —way line being parallel to and 150.00 feet north of, as measured at right angles from, the said existing center line of Oil Well Road); thence leaving said proposed right —of —way line N 00'15'38" W for 42.00 feet; thence S 8944'22" W for 64.00 feet; thence S 00'15'3B" E for 42.00 feet to an intersection with the said proposed north right —of —way line of Oil Well Road; thence along said proposed north right —of —way line N 89'44'22° E for 64.00 feet to the Point of Beginning. Containing 2,688 square feet, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being S 89'4422" W for the south line of the Southeast Quarter (SE 1/4) of Section 16, Township 48 South, Range 28 East, Collier County, Florida. TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURAnCN1:3 YEARS TEMPORARY DRIVEWAY O.R. BOOK 2467 RESTORATION EASEMENT PAGE 413 NO. 228 TDRE2 (2,688± SQUARE FEET) 42.00' 64.00' S 00'15`38" E S 89'44'22" W 42.00' N 00'15'38" W _ S 89'44'22" W PROPOSED RIGHT —OF —WAY LINE 0 64.00' 3 N 89'44'22" E oo ° EXISTING RIGHT —OF —WAY LINE - zz NOT TO SCALE S 89'44'22" W v' OIL WELL RD. (C.R. 858) r SOUTH LINE OF THE SOUTHEAST QUARTER S 89'44'22" W P.O.C. OF SECTION 16 -48 -28 91.78' SE CORNER OF P.O.B. = POINT OF BEGINNING SECTION 16 -48 -28 P.O.C. = POINT OF COMMENCEMENT R/W = RIGHT OF WAY SHEET OF ` STATE OF R.a�D.gaHilIFl CIE OFAU1i10RPATON Na.IP E666PA CLIENT: COLIIFA CO.JaH2MHILL I PR0.IEOT: OIL WELL RaAa O4TE: AML 14, 2007 `�Aj ' W `^�� 6241ARaW12 l�/r i+RY�`I `I�.. /y1 lVJ )" MYERS, FLORIDA 33912 vFLORIN CERIIFIG4IETE OF A ORZ TIONN No.L66683 INiEWJET BRE: hTfPlA4NN ✓.MCNIMCREEO.COM Q4; M � N 0 z°'o� : m = m m d a� m PROJECT NO. 60044 PROJECT PARCEL NO. 231 FEE EXHIB J(J FEE SIMPLE INTEREST Pa e g _ of 74 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE WEST HALF OF TRACT 150, GOLDEN GATE ESTATES UNIT NO. 67 -A, AS RECORDED IN PLAT BOOK 9, PAGE 47, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. CONTAINING 1.165 ACRES, MORE OR LESS. N O R T H NOT TO SCALE Collier County Tuirepowen Engineenig 8 Construction Management Npa"ent 03n9M710:21 AM O N O O E m- c m m Q PROJECT NO. 60044 PROJECT PARCEL NO. 232 FEE FEE SIMPLE INTEREST EXHIBIT A Page 7-ou of —11y LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE NORTH 180 FEET OF TRACT 148, GOLDEN GATE ESTATES UNIT NO. 67, AS RECORDED IN PLAT BOOK 5, PAGE 89 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 3.64 ACRES, MORE OR LESS. N O R T H NOT TO SCALE Cdlier Cwnty Tanapooatlon Engineennq a ConsbuEtion Managernenl Dep mem 03!301071043 W M N O Z °6� �2 N m m PROJECT NO. 60044 PROJECT PARCEL NO. 233RDUE PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT (NOT A SURVEY) Page -L2�1_ of� THE EAST 50 FEET OF THE WEST 100 FEET OF SOUTH 150 FEET OF TRACT 148, GOLDEN GATE ESTATES UNIT NO. 67, AS RECORDED IN PLAT BOOK 5, PAGE 89 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.172 ACRES, MORE OR LESS. PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTIUTY EASEMENT fN O R T H NOT TO SCALE Collier County Tra aponeGon Eiglneenng & Construdwn Management Department OXOM71024 AM Ur`v N EXHIBIT_ Iq a z M — LEGAL DESCRIPTION AND SKETCH Page` Oti'_ 4 R.O.W., Drainage and Utility Easement Parcel No. 234 RDUE 7° i (This is not a Field Survey) m m Q PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT DESCRIPTION A parcel of land lying In and being a part of Tract 147, Golden Gate Estates, Unit No, 67, as recorded in Plat Book 5, Page 89 of the Public Records of Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Tract 147; thence N 00'1910 " E along the west line of said Tract 147 for 330.00 feet to the northwest corner of said Tract 147; thence S 89'40'50" E along the north line of sold Tract 147 for 50.00 feet to the east line of an existing 100.00 foot wide roadway easement (Desoto Boulevard) and the Point of Beginning, said east line of Desoto Boulevard being parallel to and 50.00 feet east of, as measured at right angles from, the said west line of Tract 147; thence continue along said north line S 89'40'50° E for 25.00 feet; thence leaving said north line S 02'15'08 " W for 330.19 feet to the south line of said Tract 147; thence along said south line N 89'40'50 " W for 13.86 feet to the aforesaid east line of Desoto Boulevard; thence leaving said south line and along said east line of Desoto Boulevard N 00'19 310° E for 330.00 feet to the Point of Beginning. Containing 6,413 square feet, more or less. Bearings are based on the west line of Tract 147 being N 00'19'10° E as shown on the aforesaid Plat of Golden Gate Estates, Unit No. 67, Collier County, Florida. SHEET 1 OF 2 LEGAL DEBCRIPRDN AND 9KETOH PREPARED BY MCIOMBCREED, PA STATE OF FLO�RIIDA�C�ERTIFICATE OF AMOROAMON 1. LB 8588. CLIENr: 00 WER CO, I CH2MHILL � ./ / PROJECT; OIL W _ ROAD UPim_FE—BSIONAL JEFFREY M. S TILL-- 6UMRVEYORgND MAPPER STATE OF FLORIDA ResisrHATION OCENSE Np. LS 63N DATE: APRIL 18, 2007 6241 ARC WAY 1�Ir '1�),V1JV',��t^TL•(\LTyWy'iL� FORT MYER9, FLORIDA 33 AY PHONE: ,I (239) 27&8875 F (239) 276-7929 FLORIDA OERnFIaATE OF AUDVORMATIDN V " NO LB 8566 INTERNET 9RE: HTTPI/IJNAV.MCKIMCREED.COM- EXHIBIT LEGAL DESCRIPTION AND SKETCH Psge_LIL of 7 o R.O.W., Drainage and Utility Easement Parcel No. 234 RDUE Z CO M (This is not a Field Survey) TRACT 148 P.O.B. c Q 25.00' 5 89'40'50" E / S 89'40150" E NW CORNER OF �— 50.00' TRACT 147 NORTH H E OF TRACT 147 I o I O 40 p 40 I 0n CUALNE 1" 4' Q I m V 4r O L' m °' o 234 RDU PERPETUAL, NON-EXCLUSIVE < o RIGHT -0F -WAY DINAG AND UTILITY EASEMENT ~ oa �z z 6,413c U) W SQUARE W x a < FEET n ww wl z G N w TRACT 147, GOLDEN GATE ESTATES, UNIT N0. 67, PLAT BOOK 5, PAGE 89 w w 3 [7 R Q Ln o 0 p 0 f P.O.B. = POINT OF BEGINNING z z P.O.C. = POINT OF COMMENCEMENT Ito R.O.W. = RIGHT OF WAY P.O.C. N 89'40'50° W SOUTH UNE OF TRACT 147 SW CORNER OF � 50.D0' \ N 39'40'50" W TRACT 147 \\ N 89'40'50" W TRACT 146 13.86' SHEET 2 OF 2 1`/�l.R II &CREM +Yl.�� V 6241 PRO WAY CIIEM: COLLIER CO. / CH2MHILL F'Ofi�MVER6. FLORl00.3�i12 PHONE: =P) 216-66]6 F. R� 2>6-]CM pgpJECT: OIL WELL ROAD FLOWDACERTIFlOATE OF AUMORPgTION No. Le 6666 INTERNET BTIE: HTTP✓ANW W.pACgMCq ®.COM DATE: APRIL 19, 2007 U�,r ° o ` LEGAL DESCRIPTION AND SKETCH 0 o Temporary Driveway Restoration Easement Parcel No. 234 TDRE z > o� (This is not a Field Survey) m EXHIBIT a DESCRIPTION P89e Of 1 m Q A parcel of land lying in and being a part of Tract 147, Golden Gate Estates, Unit No. 67, as recorded in Plat Book 5, Page 89 of the Public Records of Collier County, Florida, being more particularly described as follows: Commence at the northwest corner of said Tract 147; thence S B9'40'50" E O � along the north line of said Tract 147 for 50.00 feet to the east line of an existing 100.00 foot wide roadway easement (Desoto Boulevard); thence continue along said north line S 89'40'50" E for 25.00 feet to an intersection with the proposed east right —of —way line of Desoto Boulevard and the Point m of Beginning; thence continue along said north line S 89'40'50" E for 40.50 feet; thence leaving said north line S 00'19210" W for 49.00 feet; thence N 89'40'50" W for 42.15 feet to an intersection with the aforesaid proposed east right —of —way line of Desoto Boulevard; thence N 02'15`08" E along said proposed right —of —way line for 49.03 feet to the Point of Beginning. j Containing 2,025 square feet, more or less. ^ Bearings are based on the north line of Tract 147 being S 89'40'50" E as shown on the aforesaid Plat Golden m of of Gate Estates, Unit No. 67, Collier County, Florida. P.O.C. S 89'40'50" E S 89'40'50" E NW CORNER OF 50.00' 25.00' TRACT 147 S 89'40'5' E \ � / P.O.B� 40.50' IJ:IiA.L 1313 R P ON AND BKEfCH PREPARED 81' MopMBCPEm, PA 6TATE OF FLOflIDA CEFMOATE OF AaiHMR MON W. M 8588. 1/4. S 89'40'50" E TRACT 147 I I S 00'19`10" W ( 49.00' TRACT 147 N 89'40'50" W 42.15' TEMPORARY DRIVEWAY RESTORATION EASEMENT NO. 2p334 TDREEF TEM2�02RARY DRU�AYEETI RESTORATION EASEMENT (DURATION: 3 YEARS- P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R/W = RIGHT OF WAY Ci-E r: COWER CO. 10112101 I PROJECT: OIL WELL ROAD DATE: APnL 18, 2007 46 W41 +V111V `..L�i- 'j[.,Li 8261 ARC WAY PaRT MYERB, FLCglAROW Y PHONE: (23A) ZrG88 >8 Fu: (23� TI6 -]328 FIDRB11 CERTIFICATE CF AaTHOR.MCK]N Na. LBOOM INTERNET BRE: HRPJAWMN.MCKIMCRETD.COM NOT TO SCALE SHEET OF 50.0' 50.0' W M O O � A a o m o j ° o ^ m of z -J M O M M U O lO O O ~ LLo z Iz U) O I} NW w yl 3 LU O F < W i O m w o W Z X W 011 2' 50.0' 50.0' 0 IJ:IiA.L 1313 R P ON AND BKEfCH PREPARED 81' MopMBCPEm, PA 6TATE OF FLOflIDA CEFMOATE OF AaiHMR MON W. M 8588. 1/4. S 89'40'50" E TRACT 147 I I S 00'19`10" W ( 49.00' TRACT 147 N 89'40'50" W 42.15' TEMPORARY DRIVEWAY RESTORATION EASEMENT NO. 2p334 TDREEF TEM2�02RARY DRU�AYEETI RESTORATION EASEMENT (DURATION: 3 YEARS- P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R/W = RIGHT OF WAY Ci-E r: COWER CO. 10112101 I PROJECT: OIL WELL ROAD DATE: APnL 18, 2007 46 W41 +V111V `..L�i- 'j[.,Li 8261 ARC WAY PaRT MYERB, FLCglAROW Y PHONE: (23A) ZrG88 >8 Fu: (23� TI6 -]328 FIDRB11 CERTIFICATE CF AaTHOR.MCK]N Na. LBOOM INTERNET BRE: HRPJAWMN.MCKIMCRETD.COM NOT TO SCALE SHEET OF NN 0 Z T� Ems N� N m m Q EXHIBIT �9e Of til LEGAL DESCRIPTION AND SKETCH R.O.W., Drainage and Utility Easement Parcel No. 235 RDUE (This is not a Field Survey) PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -O WAY, DRAINAGE AND UTILITY EASEMENT DESCRIPTION A parcel of land lying in and being a part of the North 180.0 feet of Tract 146, Golden Gate Estates, Unit No. 67, as recorded in Plat Book 5, Page 89, of the Public Records of Collier County, Florida, being more particularly described as follows: Commence at the northwest corner of said Tract 146; thence S 00119`10° W along the west line of said Tract 146 for 180.00 feet to the southwest corner of the said North 180.0 feet of Tract 146; thence S 89'40'50" E along the south line of the said north 180.0 feet of Tract 146 for 50.00 feet to the east line of on existing 100.00 foot wide roadway easement (Desoto Boulevard) and the Point of Beginning, said east line of Desoto Boulevard being parallel to and 50.00 feet east of, as measured at right angles from, the said west line of Tract 146; thence continue along said south line S 89'40150" E for 7.79 feet; thence leaving said south line N 02'15'08" E for 180.10 feet to the north line of said Tract 146; thence along said north line N 89'40'50" W for 13.86 feet to the aforesaid east line of Desoto Boulevard; thence leaving said north' line and along said east line of Desoto Boulevard S 00'19'10" W for 180.0 feet to the Point of Beginning. Containing 1,949 square feet, more or less. Bearings are based on the west line of Tract 146 being N 00'19'10" E as shown on the aforesaid Plat of Golden Cate Estates, Unit No. 67, Collier County, Florida. SHEET 1 OF 2 LEGAL DESCAIP1ION AND SKETCH PREPARED l W MM6CREm, PA STATE OF FLORIDA CERIFIGATE OF AIRHOR6 ,, NO. LB 8688. CLIENT: a0WEROO. /CH2MHILL - PAWECT: OIL WELL ROAD �. JEFFREY . FLORIDA PROFESSION4I SURVEYOR AND MAPPER DATE: APRIL 18, 2007 RtATE OF ORIDA gEGEaAATON LICENSE Na. lS 8388 4 . . y-1 1 11 &� 8241 MC WAY )276 M 5F FLORIDA. (239)V 35812 V PHONE: R3� 2)688 >5 Fu R�1276 -)089 FLOWpq ERNE 511:: AUThIDR6AT1aN NP. LB 8688 � INTERNET BfiE: HT1P'J/W�MN.MCIBMCREFD.COM oo� 00 o� Em° c 01 Q EXHIBIT /—j_ P of�l LEGAL DESCRIPTION AND SKETCH Page ( R.O.W., Drainage and Utility Easement Parcel No. 235 RDUE (This IS not a Field Survey) P.O.C. NW CORNER OF �I TRACT 146 a SW CORNER OF THE NORTH 180.0' OF TRACT 146 SW CORNER OF TRACT 146 i 40 0 4p N 89'40'50" W 13.86' scaLF r TRACT 147 W N 89'40 "50" W o O Mj W O i- O� W O O m O 0 �I _a U r 0 z N E NORTH UNE OF TRACT 146 NORTH 180.0' OF TRACT 146, GOLDEN GATEESTATES, UNIT NO. 67, PLAT BOOK 5, PAGE 89 35 RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAG 1,949--t AND UTILITY EASEMENT SQUARE FEET 5 89'40'50" E �? 7.79' m o 0 0 O O N 0 0 w z � 3 H In - W O' U Z F O x o wI SOUTH UNE OF THE NORTH 180.0' OF TF S 89'40'50" E 146 SOUTH 150.0" OF TRACT 146, GOLDEN GATEESTATES, UNIT NO. 67, PLAT BOOK 5, PAGE 89 P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R.O.W. = RIGHT OF WAY SOUTH UNE OF TRACT 146 N 89'40'50" W TRACT 145 SHEET OF , * fi/71A A' &� U41 ARC WAY CLIEW. COLUER CO. /CH2MHILL PHONE (23% 1�/j�j�l�/1 FORT MYERS� Fl -DRIDA 39912 PLO PIDA OERTIW OF AUMORQAT No ?L995gg PROJECT: OIL WE1L PIOU INIERNEf 6rtE: HI- IP:/MMNJ.MCgMOREED.COM DATE: APRIL 19, 2007 e O O U p l o Q ° o 0 ~ 3 w Qg I _z o 0 W d y N U Z I _ Ln w m p X Q - W ro � ° o N Z o O Mj W O i- O� W O O m O 0 �I _a U r 0 z N E NORTH UNE OF TRACT 146 NORTH 180.0' OF TRACT 146, GOLDEN GATEESTATES, UNIT NO. 67, PLAT BOOK 5, PAGE 89 35 RDUE PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAG 1,949--t AND UTILITY EASEMENT SQUARE FEET 5 89'40'50" E �? 7.79' m o 0 0 O O N 0 0 w z � 3 H In - W O' U Z F O x o wI SOUTH UNE OF THE NORTH 180.0' OF TF S 89'40'50" E 146 SOUTH 150.0" OF TRACT 146, GOLDEN GATEESTATES, UNIT NO. 67, PLAT BOOK 5, PAGE 89 P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R.O.W. = RIGHT OF WAY SOUTH UNE OF TRACT 146 N 89'40'50" W TRACT 145 SHEET OF , * fi/71A A' &� U41 ARC WAY CLIEW. COLUER CO. /CH2MHILL PHONE (23% 1�/j�j�l�/1 FORT MYERS� Fl -DRIDA 39912 PLO PIDA OERTIW OF AUMORQAT No ?L995gg PROJECT: OIL WE1L PIOU INIERNEf 6rtE: HI- IP:/MMNJ.MCgMOREED.COM DATE: APRIL 19, 2007 EXHIBIT 0 LEGAL DESCRIPTION AND SKETCH —.L� mTemporary Driveway Restoration Easement Parcel No. 236 TDRE (This is not a Field Survey) 0a a c m DESCRIPTION The South 58.0 feet of the North 129.5 feet of the West 57.0 feet of the East 107.0 feet of Tract 113, Golden Gate Estates, Unit No. 67, as recorded in Plat Book 5, Page 89 of the Public Records of Collier County, Florida. Containing 3,306.0 square feet, more or less. 0 0 M S EXISTING RIGHT -OF -WAY LINE_ 33RD AVE. N.E. a M 89'40'50" E 680.0' NORTH LINE OF TRACT 113 o (60' RW o M EXISTING RIGHT -OF -WAY LINE M CLIENT: COLUERCO. /CH MHILL - ` N I- ) 4. 57.0' TRACT 113 I Ol Y II 4 I l � - - _ - J 57.0' - DATE= APTIL 18, 2OW Na. LS 8389 I57< TEMPORARY DRIVEWAY w 8241 AAO WAV PHONE CM)27 5Fmc RESTORATION EASEMENT P1981TSTPeB FLORIDA CERIIRCATE OFAUIHOPRATION No. LB 8568 I NO. 236 TORE - NOT TO SCALE (3,306.0'± SQUARE FEET) PERPETUAL. NON- EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT J BEARINGS AND DIMENSIONS SHOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 67, COLLIER COUNTY, FL. I 50.0' M M V O O O � w W O � y W 50.0' O O O n O m °o 50.0' R } 3 O O L7 Z F N w 50.0' SHEETI OF1 LEDAL DESCRIPRON AND el(ETCH PREPAREO W M M&CREED. PA _ 9TATE OF FLORIDA CERTFICAIE OF AUTHORPATION NO. LB 8366. CLIENT: COLUERCO. /CH MHILL - ` I- ) 4. PROJECT: OIL WELL ROAD J . STILL - PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REWITIAT LICENSE DATE= APTIL 18, 2OW Na. LS 8389 NFA /��r��r����ny■nr��� MD t.1 MD 8241 AAO WAV PHONE CM)27 5Fmc av `t P1981TSTPeB FLORIDA CERIIRCATE OFAUIHOPRATION No. LB 8568 INIETiNET BILE HTTPJrW WM1N.MOKIMCAEED.COM - ON N o E.XHIBIT z° PM861 ofd E m ° LEGAL DESCRIPTION AND SKETCH =2i Q FEE S)MPFE lf*/6� Parcel No. 237 DE (POND 7) c a (This Is not a Field Survey) m m I FEE SIMPLE INTEREST DESCRIPTION A parcel of land lying in Section 15, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 15; thence N 89'44'36" E along the south line of the Southwest Quarter (SW 1/4) of said Section 15, said south line also being the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way), for 144.20 feet; thence leaving said south line N 00'15'24" W for 150.00 feet to an intersection with the proposed north right —of —way line of said Oil Well Road and the Point of Beginning (said proposed right —of —way line being parallel to and 150.00 feet north of, as measured at right angles from, the said existing center line of Oil Well Rood); thence leaving said proposed right —of —way line N 0151'36" E for 150.10 feet; thence N 89'44'36" E for 2020.00 feet; thence S 01'51'36" W for 150.10 feet to an intersection with the said proposed north right —of —way line of Oil Well Road; thence along said proposed north right —of —way line S 89'44'36" W for 2020.00 feet to the Point of Beginning. Containing 6.956 acres, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'44 "36" E for the south line of the Southwest Quarter (SW 1/4) of Section 15, Township 48 South, Range 28 East, Collier County, Florida. SHEET 7 OF 2 LEaM_ DE90RIPRDN min sIO:TOH PRB M BY MdOM9DREm, PA STATE OF FLORIDA csnR ,TE OF AVRIOR Mo, No. LB e9ee. cuWT: COLLIER OO. /CH2MHILL _ / PROJECT: OIL WELLROAD Y JEFFREY M. 8TLL- PROFESSIONAL, suweE Min MAPPER STATE OFFLORIMRR'E1O�R�IR�ATId�J B�E�NOTLB�e-�e9a8� DATE: APRIL 14, 200] ' (11�0�g/J- V 1`/ C 11/1 & �( Fy �y E FORT MYERS. BFLORIO 93012 +YL�iV �+L�L.Y.JL PHONE (M) T/e-eB%B F. MM 2) lm FLORIDA OE LATE OF ALn iOfplA'RON N. LB Bees V INLEfiNET eRE: HI'IPI�`MNYl.MCgMCREED.COM '. FEE SIMPLE INTEREST 237 DE (POND 7) 6.956± ACRES O.R. BOOK 1537 PAGE 749 P.O.B. = POINT OF BEGINNING P.O.C. - POINT OF COMMENCEMENT R = RADIUS 4 - ANGLE L = LENGTH Ch = CHORD CB = CHORD BEARING O.R. = OFFICIAL RECORDS 0 0 0 N O N w a m m mg 100' i I , I w' nI <I <I mlm Z, , ON 0, o 0 z N,= z '¢ T I 31 w LLI O IF I �I , I� VI ZI 0 x w m la i Ih I ml i ro N, I w z w m N e LI7 W lZ CU J J w O 0 N w n a a m w z N00'15'24 "W N 01'51'36" E I 150.00' 150.10' � N 89'44'36" E 144.20' / 100 50 P.O.C. P.O.B. SW CORNER OF N 017776" W SECTION 15 SECTION 15 -48 -28 SECTION 16 P.I. STAT10N 278 +55.17 SHEET 2 OF 2 8241 ARC WAY CLIENT. OOLLER CO. /CH2MHILL '�/�.K'IA& M) POW MY6 ,FLOW�A. 33812 V +- + +YL•i ��WJL/ PHONE RM 2)6 nFU(lay 27E70 PROJECT: OIL WELL ROAD FLORIDA OEFMFIOATE OF AUTHORIZATION M. LB SeSO INTERNET SITE HTIP� //NWVJI�.ICgMOREED.OJM DATE: APRIL 14, 2007 N00'15'24 "W 150.00' SOUTH IJNE OF THE SOUTHWEST QUARTER OF SECTION 15 -48 -28 (EXISTING CENTER LINE OF OIL WELL ROAD) LEGAL DESCRIPTION AND SKETCH m FCC SrrA?Lc rme`es� N o Parcel No. 237 DE (POND 7) z T� (This is not a Field Survey) m -6 O_ S 01'51'36" W EXHIBIT 1so.1o' Q Page of 4 200 0 200 SCALE 1" = 200' FEE SIMPLE INTEREST 237 DE (POND 7) 6.956± ACRES O.R. BOOK 1537 PAGE 749 P.O.B. = POINT OF BEGINNING P.O.C. - POINT OF COMMENCEMENT R = RADIUS 4 - ANGLE L = LENGTH Ch = CHORD CB = CHORD BEARING O.R. = OFFICIAL RECORDS 0 0 0 N O N w a m m mg 100' i I , I w' nI <I <I mlm Z, , ON 0, o 0 z N,= z '¢ T I 31 w LLI O IF I �I , I� VI ZI 0 x w m la i Ih I ml i ro N, I w z w m N e LI7 W lZ CU J J w O 0 N w n a a m w z N00'15'24 "W N 01'51'36" E I 150.00' 150.10' � N 89'44'36" E 144.20' / 100 50 P.O.C. P.O.B. SW CORNER OF N 017776" W SECTION 15 SECTION 15 -48 -28 SECTION 16 P.I. STAT10N 278 +55.17 SHEET 2 OF 2 8241 ARC WAY CLIENT. OOLLER CO. /CH2MHILL '�/�.K'IA& M) POW MY6 ,FLOW�A. 33812 V +- + +YL•i ��WJL/ PHONE RM 2)6 nFU(lay 27E70 PROJECT: OIL WELL ROAD FLORIDA OEFMFIOATE OF AUTHORIZATION M. LB SeSO INTERNET SITE HTIP� //NWVJI�.ICgMOREED.OJM DATE: APRIL 14, 2007 N00'15'24 "W 150.00' SOUTH IJNE OF THE SOUTHWEST QUARTER OF SECTION 15 -48 -28 (EXISTING CENTER LINE OF OIL WELL ROAD) SON N O0 O LEGAL DESCRIPTION AND SKETCH _ 2i2 m Fee Simple Interest Parcel No. 237 FEE M (This is not a Field Survey) c m an FEE SIMPLE INTEREST DESCRIPTION EXHIAof Page The North 100.00 feet of the South 150.00 feet of Section 15, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 15, said corner lying on the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way); thence leaving said center line N 01'2716" W along the west line of said Section 15 for 50.01 feet to on intersection with the existing north right —of —way line of said Oil Well Road and the Point of Beginning; thence leaving said north line and continuing along said west line N 01'27'16" W for 100.02 feet; thence leaving said west line N 89'44'36 " E for 2674.31 feet to a point that bears N 00'15'24" W and 150.00 feet from the south One Quarter (1/4) corner of said Section 15; thence continue N 89'44'36" E for 2666.65 feet to on intersection with the east line of said Section 15; thence along said east line S 00'40'09" E for 100.00 feet to an intersection with the said existing north right —of —way line of Oil Well Road, said point of intersection bearing N 00'40'09" W and 50.00 feet from the southeast corner of said Section 15; thence leaving said east line and along said north right —of —way line S 89'44'36" W for 2667.37 feet to a point that bears N 00'15'24" W and 50.00 feet from the said south One Quarter (1/4) corner of Section 15; thence continue along said north right —of —way line S 89'44'36" W for 2672.22 feet to the Point of Beginning. Containing 12.260 acres, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being S 89'44 "36" W for the south line of the Southwest Quarter (SW 1/4) of Section 15, Township 48 South, Range 28 East, Collier County, Florida. SHEET 1 OF 2 LEGAL OESCRIPTION AND 61 ,,, PREPARED 6Y McMM6 MEO, PA srATE OF FLORIDA CERRFICATE OF A OR MON NO. LB 8586. CLIENT: COLLIER CO. t aH2MRILL PROJECT: OIL WELL ROAD JEFF4Y Nr. S1LL- PROFESSIONAL suR OR ANDMAPPER STATE OF FLCNDA REGISTRATION LICENSE NO. LS. DATE APRIL 14,200] -. �� ! ^ 6241 ARC WAY �1R..yK�`, I�.Ai`iJJ FLFR MYER6. FLOgpA. T{p12 V P qNE: R6a) 2'16 66)5 Fax R6No. W MM FLORIDA CEf MNEFl TE OF Alln10RRATgN No. LB 0.566 INTERNET BETE: FfrIPJAVWW.MCgMCR ®.�M . NFee 0 Z `nom O m LEGAL DESCRIPTION AND SKETCH Simple Interest Parcel No. 237 FEE (This is not a Field Survey) N 00'40'09" W SECTION 14 SECTION 15 -f0o CL IJ c O.R. BOOK 1537 ¢ m Q S 00'40'09" E ' 100.00' EXHIBIT Page m w WT T 120 0 120 l W 1 ` � N 1 SCAB 1" - 120' 1+1I rJ _ � N a a ml � Z 1 In C37 E R = RADIUS 1 C2 n 12.260--t 1 ACRES L = LENGTH 100.00' 3 FEE SIMPLE Ch = CHORD N TQI 2a" INTEREST CB =CHORD BEARING 6 0 7 w m in n N W n c m m z N 0127'16" rn m WI m z cn N 01'27'16" W I P.O.B. 100.02' 1 \ll \ cCCTON tF SECTION 16 N 01'27'16" W 50.01' N 00'40'09" W 50.00' SE CORNER OF SECTION 15 -48 -28 P.O.T. STATION 331 +94.07 SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 15 -48 -28 (EXISTING CENTER LINE OF OIL WELL ROAD) SOUTH 1/4 CORNER SECTION 15 -48 -28 P.O.T. STATION 305 +26.34 I ID Ln Ip cc U_ J J W J_ SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 15 -48 -28 (EXISTING CENTER LINE OF OIL WELL ROAD) rJ P.O.C. SW CORNER OF SECTION 15 -48 -28 P.I. STATION 278 +55.17 SHEET 2 OF 2 46 �/l� �^/�/���T��\ 6261 ARC WAY N 1OM t..1. EM PHONE (13� 6-fiW6F p.9q 2)6 -7028 FLORIDA CERIIFlCATE OFAUi1gR¢AT6JN NP. Lfi 6686 6JfEANET BRE: M1P./IW�MN,MCgMCREEp.CCM CLIENT: COI ERCO, /C MHILL PROJECT: OIL WELL. FIOAO DATE APRIL 14, 2007 w 'Z w z w IJ J z O.R. BOOK 1537 ¢ J ¢ w PAGE 749 m w WT uJ 1 O N O ¢ N = � _ � N P.O.B. = POINT OF BEGINNING 1. P.O.C. - POINT OF COMMENCEMENT R = RADIUS D C2 n 4 = ANGLE z n L = LENGTH W 3 F Ch = CHORD 10' x ` CB =CHORD BEARING 6 0 0 w O.R. = OFFICIAL RECORDS rt a n w B.O.S. = BEGINNING OF SURVEY '+ �? N 0127'16" rn m WI m z cn N 01'27'16" W I P.O.B. 100.02' 1 \ll \ cCCTON tF SECTION 16 N 01'27'16" W 50.01' N 00'40'09" W 50.00' SE CORNER OF SECTION 15 -48 -28 P.O.T. STATION 331 +94.07 SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 15 -48 -28 (EXISTING CENTER LINE OF OIL WELL ROAD) SOUTH 1/4 CORNER SECTION 15 -48 -28 P.O.T. STATION 305 +26.34 I ID Ln Ip cc U_ J J W J_ SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 15 -48 -28 (EXISTING CENTER LINE OF OIL WELL ROAD) rJ P.O.C. SW CORNER OF SECTION 15 -48 -28 P.I. STATION 278 +55.17 SHEET 2 OF 2 46 �/l� �^/�/���T��\ 6261 ARC WAY N 1OM t..1. EM PHONE (13� 6-fiW6F p.9q 2)6 -7028 FLORIDA CERIIFlCATE OFAUi1gR¢AT6JN NP. Lfi 6686 6JfEANET BRE: M1P./IW�MN,MCgMCREEp.CCM CLIENT: COI ERCO, /C MHILL PROJECT: OIL WELL. FIOAO DATE APRIL 14, 2007 U�d e O ° o LEGAL DESCRIPTION AND SKETCH z° °' N Temporary Driveway Restoration Easement Parcel No. 238 TDRE1 E @ o (This is not a Field Survey) m� m _ m m m 1 ° a DESCRIPTION m P.O. B Q A parcel of land lying In Section 22, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the northwest corner of said Section 22; thence N 89'44'36" E along the north line of the Northwest Quarter (NW 1/4) of said Section 22, said north line also being the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way), for 416.76 feet; thence leaving said north line S 00'15'24" E for 50.00 feet to an intersection with the existing south right —of —way line of said Oil Well Road and the Point of Beginning; thence leaving said south right —of —way line S 00'15'24" E for 25.00 feet; thence N 89'44'36" E for 52.00 feet; thence N 00'15224" W for 25.00 feet to an intersection with the aforesaid south right —of —way line of Cil Well Road; thence along said south right —of —way line S 89'44'36" W for 52.00 feet to the Point of Beginning. Containing 1,300 square feet, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'44'36" E for the north line of the Northwest Quarter (NW 1/4) of Section 22, Township 48 South, Range 28 East, Collier County, Florida. P.O.C. NW CORNER OF SECTION 22 -48 -28 416.76' N 69'44'36" E NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 22- 48 —I28 OIL WELL RD. (C.R. 858) i SHEET OF SATE OFE FFMMPo NOEgTFxMA OF ORPATION NC, LB iRM PA OLIENT. COWFACO. /OHWHILL Al /i. /l i PROJECT: OIL WELL ROAD JEFFREY M!'JR �JLL�-(^RWFE551ONAL BURVEYORANO MAPPER pgTE, gp'i1L 14, Zap] � I4 sTATE OF FLORDA REGISTRATION aaEN5E No. 1-56368 W41 ARC WAY NfM FORT MYERR, FLORIDq 33G12 ONE R3B12J6 -BSr6 Fac per) Zl6'1528 V &� PH FLORIDA CERnFICATE OF A ORIIA No. LB 5586 INTEANEr SRE: HTTPJhVNNJ.MCKIMCREm.COM w T N 89'44'36" E - -T� 0 "a o N S 89'44'36" W o 52.00' 0 1 _ N EXISTING RIGHT —OF —WAY LINE P.O. B 11 N 89'44136" E / I N 00'15'24" W L _ _ _ _ _ J N 89' E \ 25.00' S DO'15`24" E 52.00' 2.00' 25.00' \ TEMPORARY DRIVEWAY NOT TO SCALE O.R. BOOK 2733 RESTORATION EASEMENT PAGE 951 NO. 238 TDRE1 P.O.B. — POINT OF BEGINNING (1,300± SQUARE FEET) TEMPORARY DRIVEWAY P.O.C. = POINT OF COMMENCEMENT R/W = RIGHT OF WAY RESTORATION EASEMENT (DURATION: 3 YEARS SHEET OF SATE OFE FFMMPo NOEgTFxMA OF ORPATION NC, LB iRM PA OLIENT. COWFACO. /OHWHILL Al /i. /l i PROJECT: OIL WELL ROAD JEFFREY M!'JR �JLL�-(^RWFE551ONAL BURVEYORANO MAPPER pgTE, gp'i1L 14, Zap] � I4 sTATE OF FLORDA REGISTRATION aaEN5E No. 1-56368 W41 ARC WAY NfM FORT MYERR, FLORIDq 33G12 ONE R3B12J6 -BSr6 Fac per) Zl6'1528 V &� PH FLORIDA CERnFICATE OF A ORIIA No. LB 5586 INTEANEr SRE: HTTPJhVNNJ.MCKIMCREm.COM LEOAL DESCWPnON AND 81Qr1 OH PREPARED SY McNM }CREEP, pA STATE OF FLORIDA CERTFICATE OF AULHORIUTpN NO, LH BS88. CLIENT: COWER 00. 1 OH2MHILL PROJECT: OIL WELL ROAD -' JEFFREY M. STILL - PROFESSIONAL suR OR AND MAPPER DATE: API1L 14, 2DV! ) STATE OF FLORIDA REGISTRATION LICENSE No. -8 8989 4._ N V M vRMyD (2311) V b 8M23a21 ) A2R)C G W0AY v FLORIDA CERTIFICATE OF A DRIZAT No. I-H MM T t INTERNfTSIiE: HTiPJMMhV.MD1IX.AGREID.COM EXHIBIT Pegej�&3 of N LEGAL DESCRIPTION AND SKETCH Z 0 Temporary Driveway Restoration Easement Parcel No. 238 TDRE2 >.o (This is not a Field Survey) =M" _ m a. DESCRIPTION c m Q A parcel of land lying in Section 22, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the northwest corner of said Section 22; thence N 89'44'36" E along the north line of the Northwest Quarter (NW 1/4) of said Section 22, said north line also being the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way), for 1625.94 feet; thence leaving said north line S 00'15'24" E for 50.00 feet to an Intersection with the existing south right —of —way line of said Oil Well Rood and the Point of Beginning; thence leaving said south right —of —way line S 00'15'24" E for 30.00 feet; thence N 89'44'36" E for 64.00 feet; thence N 00'15'24" W for 30.00 feet to on intersection with the aforesaid south right —of —way line of Oil Well Road; thence along said south right —of —way line S 8944'36" W for 64.00 feet to the Point of Beginning. Containing 1,920 square feet, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'44'36" E for the north line of the Northwest Quarter (NW 1/4) of Section 22, Township 48 South, Range 28 East, Collier County, Florida. P.O.C. NW CORNER OF NORTH LINE OF THE SECTION 22 -48 -28 NORTHWEST QUARTER OF SECTION 22 -48 -28 I1625.94' I N 89'44'36" E OIL WELL RD. (C. R. 858) u' N 89'44'36" E oa� 0 I S 89'44'36" W b 0^ 64.00' _ EXISTING RIGHT —OF —WAY LINE — P.O.B. ------ 1 I N 89'4436" E N 00'15'24" W / L.____' -- 30.00' S 000 " E N 89'44'36" E 30.00.00' 64.00' TEMPORARY DRIVEWAY NOT TO SCALE O.R. BOOK 2733 RESTORATION EASEMENT PAGE 951 NO. 238 TDRE2 P.O.B. = POINT OF BEGINNING (1,9202 SQUARE FEET) P.O.C. = POINT OF COMMENCEMENT R/W = RIGHT OF WAY TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEARS SHEET OF LEOAL DESCWPnON AND 81Qr1 OH PREPARED SY McNM }CREEP, pA STATE OF FLORIDA CERTFICATE OF AULHORIUTpN NO, LH BS88. CLIENT: COWER 00. 1 OH2MHILL PROJECT: OIL WELL ROAD -' JEFFREY M. STILL - PROFESSIONAL suR OR AND MAPPER DATE: API1L 14, 2DV! ) STATE OF FLORIDA REGISTRATION LICENSE No. -8 8989 4._ N V M vRMyD (2311) V b 8M23a21 ) A2R)C G W0AY v FLORIDA CERTIFICATE OF A DRIZAT No. I-H MM T t INTERNfTSIiE: HTiPJMMhV.MD1IX.AGREID.COM FEE SIMPLE INTEREST DESCRIPTION A parcel of land lying in Section 14, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 14; thence N 89'44'36" E along the south line of the Southwest Quarter (SW 1/4) of said Section 14, said south line also being the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way), for 273.92 feet; thence leaving said south line N 00'15'24" W for 150.00 feet to an intersection with the proposed north right —of —way line of said Oil Well Road and the Point of Beginning (said proposed right —of —way line being parallel to and 150.00 feet north of, as measured at right angles from, the said existing center line of Oil Well Road); thence leaving said proposed right —of —way line N 00'40'09" W for 550.00 feet; thence S 89'44136" W for 275.00 feet to an intersection with the west line of the said Southwest Quarter (SW 1/4) of Section 14; thence along said west line S 00'40'09" E for 550.00 feet to an intersection with the said proposed north right —of —way line of Oil Well Road, said point of intersection bearing N 00'40'09" W and 150.00 feet from the said southwest corner of Section 14; thence leaving said west line and along said proposed north right —of —way line N 89'44`36" E for 275.00 feet to the Point of Beginning. Containing 3.472 acres, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'44 "36" E for the south line of the Southwest Quarter (SW 1/4) of Section 14, Township 48 South, Range 28 East, Collier County, Florida. SHEET 1 OF 2 STS OF ORIDA OFAnFI COF AVR{ORQ�n *I,Ug gSgg PA CLIEW. CODUMO0. /CH2MHILL PROJECr: OIL WELL ROAD' ,I JFlFREY M. i PROFi53101 A BURVEYDR MD MAPPER �1E: ,epgIL 14, 2001 6TATE OF RARIDA REa1SMxnoi i LIoi No. Le 63M I , &CRMD 8261 ARO WAY 12 . FORT MYERS, FLORIDA 93812 .. PHONE (2OF2>6-O Rm(2�ZI6 -]028 RORIOA CERTFlOAtE aFAUnRaRWTiON No. Ls 3689 INn3AlET BIiE: HTTP /MAW ✓.MCIGMCfffEp.COM EXHIBIT z PageJY2�of—di m ° LEGAL DESCRIPTION AND SKETCH Q FEE S; MDL£ = i¢rest Parcel No. 239 DE1 (POND 8) i (This is not a Field Survey) c m Q FEE SIMPLE INTEREST DESCRIPTION A parcel of land lying in Section 14, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 14; thence N 89'44'36" E along the south line of the Southwest Quarter (SW 1/4) of said Section 14, said south line also being the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way), for 273.92 feet; thence leaving said south line N 00'15'24" W for 150.00 feet to an intersection with the proposed north right —of —way line of said Oil Well Road and the Point of Beginning (said proposed right —of —way line being parallel to and 150.00 feet north of, as measured at right angles from, the said existing center line of Oil Well Road); thence leaving said proposed right —of —way line N 00'40'09" W for 550.00 feet; thence S 89'44136" W for 275.00 feet to an intersection with the west line of the said Southwest Quarter (SW 1/4) of Section 14; thence along said west line S 00'40'09" E for 550.00 feet to an intersection with the said proposed north right —of —way line of Oil Well Road, said point of intersection bearing N 00'40'09" W and 150.00 feet from the said southwest corner of Section 14; thence leaving said west line and along said proposed north right —of —way line N 89'44`36" E for 275.00 feet to the Point of Beginning. Containing 3.472 acres, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'44 "36" E for the south line of the Southwest Quarter (SW 1/4) of Section 14, Township 48 South, Range 28 East, Collier County, Florida. SHEET 1 OF 2 STS OF ORIDA OFAnFI COF AVR{ORQ�n *I,Ug gSgg PA CLIEW. CODUMO0. /CH2MHILL PROJECr: OIL WELL ROAD' ,I JFlFREY M. i PROFi53101 A BURVEYDR MD MAPPER �1E: ,epgIL 14, 2001 6TATE OF RARIDA REa1SMxnoi i LIoi No. Le 63M I , &CRMD 8261 ARO WAY 12 . FORT MYERS, FLORIDA 93812 .. PHONE (2OF2>6-O Rm(2�ZI6 -]028 RORIOA CERTFlOAtE aFAUnRaRWTiON No. Ls 3689 INn3AlET BIiE: HTTP /MAW ✓.MCIGMCfffEp.COM � N 0 z�o m a m Q t\ M M � Y (D w ma 3 a � o o °o z LEGAL DESCRIPTION AND SKETCH Fe. e SImple inktjilParcel No. 239 DE1 (POND 8) (This Is not a Field Survey) EXHIBIT Page_IZ of S 89'44'36" W 275.00' WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 14 -48 -28 O O 3 O 0 0 00 N 239 DEi (EXISTING CENTER LINE (POND 8) o z w 3.472± 3 o � ACRES N 89'44'36'• E 273.92' o FEE SIMPLE p o o INTEREST ° V1 INTERNET BR£ FR"fP: /MM/W.MCgMCREED.COM z olo U U N 89'44'36° E 275.00' PROPOSED RIGHT -OF -WAY LINE 50 0 ao "NIL __mmmmmmmw SCALE 1" - 80' P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R = RADIUS A = ANGLE L = LENGTH Ch = CHORD CB = CHORD BEARING O.R. = OFFICIAL RECORDS O.R. BOOK 1537 PAGE 749 0 O 3 3 00 d o SECTION 14 -48 -28 (EXISTING CENTER LINE EXISTING RIGHT -OF -WAY LINE z N 89'4736" E o z ° v1 SHEET 2 OF 2 o � �/�[��/n1.��(�� � N 89'44'36'• E 273.92' C EW: COLLIER CO. /C MHILL OIL WELL RD. (C.R. 858) SURVEY ensE LINE P.O.C. SOUTH LINE OF THE SOUTHWEST QUARTER SW CORNER OF OF SECTION 14 -48 -28 SECTION 14 -48 -28 (EXISTING CENTER LINE P.O.T. STATION 331 +94.07 OF DIL WELL ROAD) SHEET 2 OF 2 �/�[��/n1.��(�� � U41 ARO WAY C EW: COLLIER CO. /C MHILL +�+ +YL�aIJ `L�LL.J PHONE: (2W 27 75 - 930) 276-'/029 FLORIDA CERRFICAM OF A ORATION No. L995Ba PROJECT: OIL WELL ROAD INTERNET BR£ FR"fP: /MM/W.MCgMCREED.COM DATE: APRIL 14, 20 Ur v O ry EXHIBIT LEGAL DESCRIPTION AND SKETCH Paged Of I �' fee S, �f lk Ts\ e IeSE Parcel No. 239 DE2 (POND 9) (This is not a Field Survey) c N m d FEE SIMPLE INTEREST DESCRIPTION A parcel of land lying in Section 14, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the southeast corner of said Section 14; thence S 89'45`00° W along the south line of the Southeast Quarter (SE 1/4) of said Section 14, said south line also being the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way), for 731.65 feet; thence leaving said south line N 00'15'00" W for 150.00 feet to an intersection with the proposed north right —of —way line of said Oil Well Road and the Point of Beginning (said proposed right —of —way line being parallel to and 150.00 feet north of, as measured at right angles from, the said existing center line of Oil Well Road); thence S 89'45'00" W along said proposed right —of —wad line for 550.00 feet; thence leaving said proposed right —of —way line N 00'15 00" W for 720.00 feet; thence N 89'45'00" E for 192.17 feet; thence S 26'40'37" E for 804.02 feet to the Point of Beginning. Containing 6.134 Acres, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being S 89'45 "00" W for the south line of the Southeast Quarter (SE 1/4) of Section 14, Township 48 South, Range 28 East, Collier County, Florida. SHEET 1 OF 2 LEGAL DESCRIPTION AND Sxeral PREPARED eY Md M60REm, PA •.•• STATE OF FLORIDA CERRFIOATE OF AUT10R 7I0N NO. Ls 8086. CLIENT: C0LLIERO0. /CH2MHILL PROJECT: OIL WELL ROAD A y v A _ /may --± SRVEYp�1- RGeANs,,,,PPER JEFFREYM.SSLL-RROFE6SIaNAL SU- STATE OF FLORIDA REpISTRATIIXJ LICENSE No. LS 8395 DATE APRIL 14, 200] �� l�� N1L.+K`LI IL�.Ai 6241 ' WAY FORTMY5iL 7513 PHONE Fez _ C2Mg 1. E OF AUTHOT6 (235) . S Te26 FLORIDA OERTIRSAE: OF AUTHORRATION No. LS 9983 V INTERNET SITE: HTTP;/AN'NO.MCgMCREEp.COM M N `0 z m0 TO ESN — O 0 � -0 0_ C 0) Cn Q EXHIBIT "L LEGAL DESCRIPTION AND SKETCH Page of fee S mfg e *Psi Parcel No. 239 DE2 (POND 9) (This is not a Field Survey) O 0 0 N n a 0 0 O 192.17' N 89'45'00" E 239 DE2 (POND 9) 6.134± ACRES FEE SIMPLE INTEREST 120 0 120 iiiia SCALE 1" - 120' N O.R. BOOK 1537 PAGE 749 F mo \ N" SOUTH LINE OF THE S 89'45'00" W 550.00_ SOUTHEAST QUARTER _ _ PROPOSED RIGHT -OF -WAY LINE �3 P.O.C. = POINT OF COMMENCEMENT p o loo R = RADIUS 0 p 4 = ANGLE o h - EXISTING RIGHT -OF -WAY LINE - - o S 89'45'00" W d+- n S 89"45'00" W 550.00' SURVEY BASE LINE OIL WELL RD. (C.R. 858) SOUTH LINE OF THE SOUTHEAST QUARTER P.O.B. = POINT OF BEGINNING OF SECTION 14 -48 -28 P.O.C. = POINT OF COMMENCEMENT (EXISTING CENTER LINE R = RADIUS OF OIL WELL ROAD) 4 = ANGLE L = LENGTH Ch = CHORD CB = CHORD BEARING O.R. = OFFICIAL RECORDS B.O.S. = BEGINNING OF SURVEY / P.O.B. 13 0 �oo O O � 0 I- � 0 iz o 731.55' P.O.C. SE CORNER OF SECTION 14 -48 -28 P.I. STATION 385 +20.79 SHEET 2 OF 2 N�y��'+.�� /���/�� /�Y+(. 0Z41 ARC WAY CLIENT: COLLIER CO. /CH2MHILL �����vffi BONERS %E-�) aR��O-o02B PROJECT. OIL WELL ROAD FLORIDA CERRFCATE OFAUTIIDRRATION No. lH BG9B INTERNET SIiE: HTIPIAW✓W.MCgMCR ®.WM DATE APRIL 14, 2007 oo� N EXHIBIT__,_ 0 z° c6 m Jage-L(6 of m ° E LEGAL DESCRIPTION AND SKETCH _ m Fee Simple Interest Parcel No. 239 FEE o (This is not a Field Survey) c m Q FEE SIMPLE INTEREST DESCRIPTION The North 100.00 feet of the South 150.00 feet of Section 14, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 14, said corner lying on the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way); thence leaving said center line N 00'40'09" W along the west line of said Section 14 for 50.00 feet to an intersection with the existing north right —of —way line of said Oil Well Road and the Point of Beginning; thence leaving said north line and continuing along said west line N 00'40'09" W for 100.00 feet; thence leaving said west line N 89'44'36" E for 2669.73 feet to a point that bears N 00'15`12" W and 150.00 feet from the south One Quarter (1/4) corner of said Section 14; thence N 89'45'00" E for 2656.51 feet to an Intersection with the east line of said Section 14; thence along said east line S 00'51'16" E for 100.01 feet to an intersection with the said existing north right —of —way line of Oil Well Road, said point of intersection bearing N 00'51'16" W and 50.00 feet from the southeast corner of said Section 14; thence leaving said east line and along said north right —of —way line S 89'45'00" W for 2657.56 feet to a point that bears N 00'15 "12" W and 50.00 feet from the said south One Quarter (1/4) corner of Section 14; thence continue along said north right —of —way line S 89'44'36" W for 2669.00 feet to the Point of Beginning. Containing 12.228 acres, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NA0 83/99 being N 89'44 "36" E for the south line of the Southwest Quarter (SW 1/4) of Section 14, Township 48 South, Range 28 East, Collier County, Florida. SHEET 1 OF 2 LEGAL DESCRII I AND STCH PREPARED SY MNOMBOREED, pq SPATE OF FLORIDA CERTSICATE DF AUTHORIZATION NO. LS BBCe. CLIENT: COWER0O. /CH2MHILL PROJECT: OIL WELL ROAD JEFFgEy M LL •PROFESSIONAL SUTNEYOR AND MAPPER DATE: APRIL 14, 2DDr STATE OF FLOW DA RH31SiMTION LICENSE NO. US 6388 1♦ r11r/7� ^ � 8261 ARC WAY 1V1R..yK�l I1�.AilhJ/ FORr MYERS, FLORIDA, W912 V ] HONE: r2� 2]S S Fa: 236 2)8-]028 FLORIDA CERnFlDATE OF AUD10n6ATON NO. U58580 INTERNET SIZE: HTTPJNJNM1N.MCpMCREED.COM LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 239 FEE o (This is not a Field Survey) N 00.51'15" W 50.00' � L M CD N N 00'51'16" W SECTION 13 BE CORNER OF m SECTION 14 SECTION 14 -48 -28 P.I. STATION 385+20.79 c � w z S 00'51'16" E 1oo.or EXHIBIT T PH9® Of /q4 M SOUTH LINE OF THE SOUTHEAST QUARTER _ 1 N a OF SECTION 14 -48 -28 to 1 r< y (EXISTING CENTER LINE OF OIL WELL ROAD) N N 0 W N tzo 0 tzo b w SCALE = 120' 1" w wt 1 3 a of 0 O ° al 4 z C) CO Z zl 00 239 FEE 1 y ) 0 h - 12.2282 100.00' I SOUTH 1/4 CORNER ACRES N 0015'12" W SECTION 14 -48 -28 P.I. STATION 358 +62.71 FEE SIMPLE INTEREST z pp LO Iz w J z 00 1 J O.R. BOOK 1537 PAGE 749 I� o a r o 1 m U Flo 01- o H N N ¢ D Q _ N IIr P.O.B. = POINT OF BEGINNING fa P.O.C. = POINT OF COMMENCEMENT R = RADIUS m Ill 4 =ANGLE Z z N L = LENGTH 10 F Ch =CHORD 10 CB = CHORD BEARING w O O.R. = OFFICIAL RECORDS B.O.S. BEGINNING OF SURVEY a' I m •`r �' SOUTH LINE OF THE 1 w > SOUTHWEST QUARTER 1 OF SECTION 14 -48 -28 Z / (EXISTING CENTER LINE I z f OF OIL WELL ROAD) N 00'40'09" W P.O.B. 100.00' \ \\ P.O.C. CT10N N 00'40'09" W SECTION 14 SW CORNER OF f -- SECTION 14 -48 -28 P.O.T. STATION 331 +94.07 SECTION 15 N 00'40'09" W 50.00' SHEET 2 OF 2 /��+r���r��/�/ny����y��y rte■ N 1QM CRMD 8241 ARO WAY CLIENT: COWER CO. I CHWHILL V PHONE (239) V5 8 6 FU RM - p20 pgC ECT; OIL WELL ROAD FLORIDA CEFRIRCATE OF AUTHORRATION No. W BMI INTERNET SOE: HTfPV~.MCI3MCREEC.00M DATE: APPoL 14, 2007 O N O O Z°Jo ESN 73 n- m EXHIBIT Page 170 of is LEGAL DESCRIPTION AND SKETCH Temporary Construction Easement, Parcel No. 239 TICE (This is not a Field Survey) TEMPORARY CONSTRUCTION EASEMENT DURATION 3 YEARS. DESCRIPTION A parcel of land lying in Section 14, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the southeast corner of said Section 14; thence S 89'45'00" W along the south line of the Southeast Quarter (SE 1/4) of said Section 14, said south line also being the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way), for 508.31 feet; thence leaving said south line N 00'15'00" W for 150.00 feet to an intersection with the proposed north right —of —way line of said Oil Well Road and the Point of Beginning (said proposed right —of —way line being parallel to and 150.00 feet north of, as measured at right angles from, the said existing center line of Oil Well Road); thence S 89'45'00" W along said proposed right —of —way line for 223.34 feet; thence leaving said proposed right —of —way line N 26'40'37" W for 195.00 feet; thence N 63'19'23" E for 200.00 feet; thence S 26'40'37" E for 294.40 feet to the Point of Beginning. Containing 1.124 acres, more or less. Bearings are based On the Florida State Plane Coordinate System, East Zone, NAD 83/99 being S 89'45 "DO" W for the south line of the Southeast Quarter (SE 1/4) of Section 14, Township 48 South, Range 28 East, Collier County, Florida. SHEET 1 OF 2 LEGAL UESORIP ON AND SIO=TCH PREPARED IN M M6CREED, PA STATE OF FLORIpA DERi1FI MOF AVi11pRPgTpN NO. le 8668. OLIE . COWER CO. /CH2MHILL .4 . .. PROJECT: OIL WELL ROAD JEFFREY M'STLL- PROFE8810NAL SURVEYORANDMAPPER STATE OP FLORIDA REGISTRATION LICENSE N0. LS 8389. GATE: APRL 14, 200] � O � &� 82ai ARC WAY 1`/1IlyKYF I1�.Ai FORTMSF F(2W 27i33912 V PHONE: (230) 2T6-88T6 F TI (230) 2]6-'/029 FLORIpq CERIFIDATE AtIfHOWZAT1pN No. LB %68 INIEPtJET BITE !!1'!P: /ANWW.MCIOMCREEp.WM x -7 M � N 0 O EmN _ m m -a o_ L m m EXHIBIT LEGAL DESCRIPTION AND SKETCH Temporary Construction Easement, Parcel No. 239 TCE (This is not a Field Survey) O.R. BOOK 1537 PAGE 749 a0 0 80 SCALE I' = 80' 2Q 0 O / \ `f' TEMPORARY = TEMPORARY CONSTRUCTION EASEMENT CONSTRUCTION EASEMENT 2 NO. 239 TCE DURATION YEARS. Moir (1.124± ACRES) `N POND / P.O.B. 223.34' \ / S 89'45'00" W OIL WELL RD. (C.R. 858) SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 14 -48 -28 (EXISTING CENTER LINE OF OIL WELL ROAD) P.O.B. = POINT OF BEGINNING P-0 C. = POINT OF COMMENCEMENT P.I. = POINT OF INTERSECTION S 89'45'00" W 508.31 P.O.C. SE CORNER OF SECTION 14 -48 -28 P.I. STATION 385 +20.79 SHEET 2 OF 2 PROPOSED RIGHT -OF -WAY LINE CLIENT: CO UERCO. /CMMHILL Y O PROJECT: OIL WELL ROAD O 0 _ 0 o � �o EXISTING RIGHT -OF -WAY LINE z O I p P S 89'45`00" W _. _. � n _ OIL WELL RD. (C.R. 858) SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 14 -48 -28 (EXISTING CENTER LINE OF OIL WELL ROAD) P.O.B. = POINT OF BEGINNING P-0 C. = POINT OF COMMENCEMENT P.I. = POINT OF INTERSECTION S 89'45'00" W 508.31 P.O.C. SE CORNER OF SECTION 14 -48 -28 P.I. STATION 385 +20.79 SHEET 2 OF 2 /`, /ny'���y�f�y�r�■ 6201 ARC WRY � B N ED CLIENT: CO UERCO. /CMMHILL Y +C+- +V �..�� PRONE (239) EMI Z75. g RORIDA CERRFlCATE ORAtl1HOR¢4TIOIJ No, LB 8586 PROJECT: OIL WELL ROAD GYIEFiNET eRE: hTfPJN✓JJW.MCIOMCRFEC.COM _ I DATE: APTL 14, 2007 .y. o g EXHIBIT O : Z°JN � T— C � N LEGAL DESCRIPTION AND SKETCH i Temporary Construction Easement, Parcel No. 240 TOE (This is not a Field Survey) a TEMPORARY CONSTRUCTION EASEMENT DURATION 3 YEARS. DESCRIPTION A parcel of land lying in Section 23, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the northeast corner of said Section 23; thence S 89'4500" W along the north line of the Northeast Quarter (NE 1/4) of said Section 23, said north line also being the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way), for 441.58 feet; thence leaving said north line S 00'15 "00" E for 50.00 feet to an Intersection with the existing south right —of —way line of said Oil Well Road and the Point of Beginning; thence leaving said south right —of —way lire S 00'15'00" E for 325.00 feet; thence S 89'45'00" W for 280.00 feet; thence N 00'15'00" W for 325.00 feet to an intersection with the oforesaid south right —of —way line of Oil Well Road; thence along said south right —of —way line N 89'45'00" E for 280.00 feet to the Point of Beginning. Containing 2.089 acres, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being S 89'45 "00" W for the south lire of the Southeast Quarter (SE 114) of Section 14, Township 48 South, Range 28 East, Collier County, Florida. SHEET 1 OF 2 LEGAL DESCRIFrM AND SKETCH PREPARED BY Moq OA ED, PA srAM OF FLORIDA CERRROAT OF AU ORPAT10N NO. LB WI CLIFM: COLUERCO. /CFI21VIi /f //fJ PROJECT: OIL W LL ROAD I JDFREt —�+1 TLY- PROFESSpNAL SURVEYOR AND MAPPER pq�: AORL 14, 205] 6TATE OF RARIDA REasi1RA'llOtl LICENSE No. LS 8699 /f, //��� �O WAY +• +1W..1��.�.�L PHONE: MM26-BST6 F. ' ((M VE70M r V R.aRIDA CER1kj mOF AIJry 01R 7101`1 Wo LB 0656 INiERNEr 6fiE HrijW Wd.MaKIi 77YH1131T,�_ N r- oy-x�-3 oft Io N LEGAL DESCRIPTION AND SKETCH 2 Temporary Construction Easement, Parcel No. 240 TICE m (This is not a Field Survey) -a a a� m NOT TO SCALE NORTH LINE OF THE P.0.0. NORTHEAST QUARTER OF SECTION 23 -48 -28 NE CORNER OF (EXISTNG CENTER LINE SECTION 23 -48 -28 OF OIL WELL ROAD) P.I. STATION 385 +20.79 \ 441.5B' + OIL WELL RD. (C.R. 858) S 89'45'00" W S 89.45'00" W w � OOO O �0 0 o In 0 EXISTING RIGHT -OF -WAY LINE N 89'45'00" E 280.00' P.O.B. °I 'o0 N MI I� TEMPORARY I CONSTRUCTION EASEMENT NO. 240 TCE (2.089 ACRES) 3 w TEMPORARY 01 CONSTRUCTION EASEMENT 10 Z bURATION �j YEARS. 1N L _ S 8945`00" W 280.00' _ J P.O.B. = POINT OF BEGINNING O.R. BOOK 2733 P.O.C. = POINT OF COMMENCEMENT PAGE 951 P.I. = POINT OF INTERSECTION SHEET 2 OF 2 /i��rr�����/��ny'��.I 6241 ARC WAY CLIEN'C COWERC0. /CH2MHILL �`vj +�+ +AIM V.LWL:1✓ PHONE (Z) V5 5 FFW (23M VES702e PROJECT: OIL WEII ROAD V FLORICA CER FOATE OF AWHORPA ON No.L 8688 INR:RNEf SITE: HRPIANW W,MC4MCREED.COm DATE; APRIL 14, 2007 0 o M Page-a oC N w LEGAL DESCRIPTION AND SKETCH Z Temporary Driveway Restoration Easement Parcel No. 240 TDRE1 IT N (This is not a Field Survey) mz m _ o, m m a LL DESCRIPTION Q A parcel of land lying in Section 23, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the northwest corner of said Section 23; thence N 89'44'36" E along the north line of the Northwest Quarter (NW 1/4) of said Section 23, said north line also being the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way), for 1051.34 feet; thence leaving said north line S 00'15'24" E for 50.00 feet to an Intersection with the existing south right —of —way line of said Oil Well Road and the Point of Beginning; thence leaving said south right —of —way line S 00'15'24" E for 24.00 feet; thence N 89'44136" E for 53.00 feet; thence N 00'15'24" W for 24.00 feet to an Intersection with the aforesaid south right —of —way line of Oil Well Road; thence along said south right —of —way line S 89'44'36" W for 53.00 feet to the Point of Beginning. Containing 1,272 square feet, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone. NAD 83/99 being N 89'44'36" E for the north line of the Northwest Quarter (NW 1/4) of Section 23, Township 48 South, Range 28 East, Collier County, Florida. P.O.C. NW CORNER OF NORTH LINE OF THE SECTION 23 -48 -28 NORTHWEST QUARTER / OF SECTION 23 -48 -28 1051.34' / N 139.44.36" E OIL WELL RD. (C.R. 858) u' N N 89'44'36" E a� 0 0 S S 89'44'36" W 53.00: 0 _ E EXISTING RIGHT —OF —WAY LINE P.O.B. 11 I I N 89'44'36" E fl I\ N / L _ _ — _ _ J N 00'15124" W N 8 89'44'36° E 2 5 00'15'24" E 5 53.00' 24.00' TEMPORARY DRIVEWAY NOT TO SCALE O.R. B BOOK 2733 RESTORATION EASEMENT PAGE 951 NO. 240 TDRE1 P.O.B. = POINT OF BEGINNING ( (1 ,272m SQUARE FEET) P.O.C. = POINT OF COMMENCEMENT T TEMPORARY DRIVEWAY R/W = RIGHT OF WAY R RESTORATION EASEMENT (DURATION: 9 YEARS SHEET OF LEGAL OE ORIPRON ANO SKETCH PREPARm i Mo CREei PA STATE OF FLORIDA CERnFICATE OF AUTHORIZATION No. i6666. CLIENT: CCWERCO. /CHiii yl ... PROJECT: OIL WELL ROAD JEFFREY M. STILL - , �/, PROFES610NAL 3UPVEYOR ANO MAPPER DATE: TIE: APL 14, 211] STATE OF FLORIDA REOI6IFlATON LICENSE No. L6 8369 �TrR� ��� 6291 ARC WAY ivrjK`PLIL�-Ai FDRr MYERB. FLORIDA, 39812 V MONE OF 2]686]6Ffi 5N 2]8-]628 FLORIDA FLORIDACEgnRSAE: OF AUIHO .MOKNJNo.E[ 6668 INTERNET SITE: Hi'IPJANwNJ.MCKIMCREm.COM U p. 89e Imo' N off' LEGAL DESCRIPTION AND SKETCH `o Temporary Driveway Restoration Easement Parcel No. 240 TDRE2 ? N (This is not a Feld Survey) ro� m PROJECT: OIL WELL ROAD _ 6, .. ,. a� DESCRIPTION pgTE: gpi1L 14.20137 Q A parcel of land lying In Section 23, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the northwest corner of said Section 23; thence N 89'44'36" E along the north line of the Northwest Quarter (NW 1/4) of said Section 23, said north line also being the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way), for 2016.83 feet; thence leaving said north line S 00'15'24" E for 50.00 feet to an intersection with the existing south right —of —way line of said Oil Well Road and the Point of Beginning; thence leaving said south right —of —way line S 00'15'24" E for 20.00 feet; thence N 89'44'36" E for 55.00 feet; thence N 00'15424" W for 20.00 feet to an Intersection with the aforesaid south right —of —way line of oil Well Road; thence along said south right —of —way line S 89'44'36" W for 55.00 feet to the Point of Beginning. Containing 1,100 square feet, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'44'36" E for the north line of the Northwest Quarter (NW 1/4) of Section 23, Township 48 South, Range 2B East, Collier County, Florida. P.O.C. NW CORNER OF NORTH LINE OF THE SECTION 23 -48 -28 NORTHWEST QUARTER OF SECTION 23 -48 -28 20 / 16.83' / N as4436" E OIL WELL RD. (C .R. 858) u' N 89'44'36" E a� 0 00 ^ I S 89'44'36" W o v nol / 55.00' o _EXISTING RIGHT —OF —WAY LINE — T P.O. S. 11 I N 89'44'36" E I �� L— - - - - -'( N 00'15'24" W / N 89' E 20.00" S 00'15'24" E 55.00' 5.00' 20.00' TEMPORARY DRIVEWAY NOT TO SCALE RESTORATION EASEMENT O.R. BOOK 2733 PAGE 951 NO. 240 TDRE2 (1.100 SQUARE FEET) P.O.B. — POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT TEMPORARY DRNEWAY R/W = RIGHT OF WAY RESTORATION EASEMENT ( ugMON: 3 YEARS SHEET 1 OF 1 LEGAL DESCRIPnON AND 910 =TCl1 PREPARED BY McxIMbCREEO, PA STATE OF FLORIDA CFAIIFICATE OF AVIHORIIATION No. l8 BOOB. CIJENT: COLLIER CO. / CH21VHILL A / / Il PROJECT: OIL WELL ROAD .. ,. JEFFREY M. - PRIM SIONAL SURJEY�(• AAN' D MAPPER STATE OF FLORIDA R6YS MON LICENSE No. LS 5300 pgTE: gpi1L 14.20137 6441 ARC WAY F275M 6AS,FWRIDA33012 FLORIDA CERI AViHORGATroN No. LS 06W V 1�1- L�LL�i(f t L�(f PHONE OF 4]68016 Fac (23o . W 5505 SUE: INTERNET BRE: HTIPIMIYJW.MCgMCREDJ.COM u I- 7 EXHIBIT — °o N LEGAL DESCRIPTION AND SKETCH P8� -Sk Of ✓{ 6 o Temporary Driveway Restoration Easement Parcel No. 240 TDRE3 > (This is not a Field Survey) =MN 2:2 N n3 N a- DESCRIPTION m Q A parcel of land lying in Section 23, Township 48 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the northwest corner of said Section 23; thence N 89'44'36" E along the north line of the Northwest Quarter (NW 1/4) of said Section 23, said north line also being the existing center line of Oil Well Road (C.R. B5B, 100' Right —of —Way), for 2254.95 feet; thence leaving said north line S 00'15 "24" E for 50.00 feet to an intersection with the existing south right —of —way line of said Oil Well Road and the Point of Beginning; thence leaving said south right —of —way line S 00'15'24" E for 24.00 feet; thence N 89'44'36" E for 82.00 feet; thence N 00'15'24" W for 24.00 feet to an intersection with the aforesaid south right —of —way line of Oil Well Road; thence along said south right —of —way line S 89'44336" W for 82.00 feet to the Point of Beginning. Containing 1,968 square feet, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'44'36" E for the north line of the Northwest Quarter (NW 1/4) of Section 23, Township 48 South, Range 28 East, Collier County, Florida. P.O.C. NW CORNER OF NORTH LINE OF THE SECTION 23 -48 -28 NORTHWEST QUARTER OF SECTION 23 -48 -28 2254.95' N 89'44'36" E OIL WELL RD. (C.R. 858) N 89'44'36" E b °o S 89'44'36" W o 82.00' 0 4— _— EXISTING RIGHT —OF —WAY LINE P.O.B. 11 _` I N 89'44'36" E I i rj I-------- - --I�\ N 00.1524" W N 89'0 E \ 24.00' S 00'15'24" E 82.2.00' 0' 24.00' \ TEMPORARY DRIVEWAY NOT TO SCALE O.R. BOOK 2733 RESTORATION EASEMENT PAGE 951 NO. 240 TDRE3 P.O.B. = POINT OF BEGINNING (1,968:L SQUARE FEET) P.O.C. = POINT OF CDMMENCEMENT TEMPORARY DRIVEWAY R/W = RIGHT OF WAY RESTORATION EASEMENT (DURATION: S YEARS SHEET OF LEGAL DE6CRIPRON AND 81ETaH PREPARED 9Y OF OF RORIDA pERRFICATE McgM6agEEp, PA 6TATE AafHORIL1T10N NO, LB 8.568. CLIEM: COWER0O. /0H2MHILL PROJECT: OIL W LL ROAD i JEFFREY PROPE661DNN_SURVEYOR AND MPPpER STALE OF FLORI FIORIL- DA REOIS'IRAIIDN DENSE hb. LS 8860 DATE: PPi1L 14, 20911 '- _ 1 r {/t7 ^ iVll.`RVIyI�-Ai& BY41 ARC WAY FORTMY6i V % ONE: OF 2]6-&8]6 Fx N N ,]611029 -C2RIDA,_701 FLORIDA CERRROATE OF AUiHORRATDN No, LB 8566 INLFANET SIiE HTiP. /ANWyy.MCgMCREED.COM Una ` N O Z OO I_ T� CD 7c d N Q LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 241 FEE (This is not a Field Survey) FEE SIMPLE INTEREST DESCRIPTION E�XfJIBIT Page- Of L2 The North 100.00 feet of the South 150.00 feet of the Southwest Quarter (SW 1/4) of Section 13, Township 48 South, Range, 28 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 13, said corner lying on the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way); thence leaving said center line N 00'51'16" W along the west line of said Section 13 for 50.00 feet to an intersection with the existing north right —of —way line of said Oil Well Road and the Point of Beginning; thence leaving said north line and continuing along said west line N 00'51'16" W for 100.01 feet; thence leaving said west line N 89'44'04" E for 2662.71 feet to an intersection with the east line of the Southwest Quarter of said Section 13; thence along said east line S 01'11'28" E for 100.01 feet to an Intersection with the said existing north right —of —way line of Oil Well Road, said point of intersection bearing N 01'11'28" W and 50.01 feet from the south One Quarter (1/4) corner of said Section 13; thence leaving said east line and along said north right —of —way line S 89'44'04" W for 2683.30 feet to the Point of Beginning. Containing 6.159 acres, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'44 "04" E for the south line of the Southwest Quarter (SW 1/4) of Section 13, Township 48 South, Range 28 East, Collier County, Florida. SHEET 1 OF 2 LEGAL OMORPnM MID 6HETCH PREPARED By Mc MSO M. PA STATE OF FLO CERTRICATE OF AUMMR MON No. LB 8566. CLIENr: COLLIER CO. / a MHIiJ- /2- PROJECT: OILWEL 140AD JEFFREY MOFEfi6I0 6u/RVEVOR/KANLO MAPPER STATE OF FLORDA REOISIPgT LICENSE No. ue Meg OATS; gpRll 14, 200] I 0241 ARC WAY FORr MYBAB, FLORIDA, 39912 PRONE: I , x23%2]5-68)6 F M (239) 2]0 ]029 4W FLORDA CERIFIGATE OF AUR10RpAT10N No. LB 8668 INIEFiNET 6fIE: HI'IPJMhWV.MCgMCREED.COM � O N N O Z m � N _ m m m o a c m Q LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 241 FEE EXHIBIT' (This is not a Field Survey) Page 17 Of O.R. BOOK 3696 PACE 3150 N 017128" W O W N 0 a rn ro LI 1 N 00'5116" W I P.O.B. 100.01' _I-_ \ W SECTION 13 SECTION 14 N 00'51'16" W 50.00' N 01'11'28" W 50.01' SOUTH 1/4 CORNER SECTION 13 -48 -28 P.I. STATION 412 +04.38 w Op L0 > Ib 3 I o 0 x d E N D_ ri m N J O W V) N w J w z w m o: v SOUTH LINE OF THE o, SOUTHWEST QUARTER m / OF SECTION 13 -48 -28 z / (EXISTING CENTER LINE OF OIL WELL ROAD) /� _ /w��.� 6241 ARO WAY l�Ir'1V.i�11 /VIl�`+I`(WI.I {L.JI I ✓7 FO�MYERB,Fl RDA,W912 V PHONE (269) 2)6-66)6 F rA%2]6-7029 FLORDA oERf Fm OF A0 ORZATON F. Le 9666 INL9WEf filiE; HI'fPJNJNNJ.MCIOMCPEEO.00M P.O.C. SW CORNER OF SECTION 13 -48 -28 P.I. STATION 305 +20.79 SHEET 2 OF 2 CLIENT: COLLIER 00. ICH2MHILL PROJECT: OIL WELL ROAD DATE: APRIL 14, 2009 EAST LINE OF THE / SOUTHWEST QUARTER SECTION 13 -48 -28 S 0171'28" E z 100.01' 13 11 0 I� = zo � 1� N 00 SCALE i" = 120' � N Q W IN O Id D_ 24124 FFEE 1 6.159 ACRES FEE SIMPLE INTEREST O.R. BOOK 1537 PAGE 749 wl 1 P.O.B. = POINT OF BEGINNING o P.O.C. = POINT OF COMMENCEMENT R = RADIUS 4 - ANGLE m 1 L - LENGTH z I Ch = CHORD CB = CHORD BEARING O.R. = OFFICIAL RECORDS B.O.S. = BEGINNING OF SURVEY O W N 0 a rn ro LI 1 N 00'5116" W I P.O.B. 100.01' _I-_ \ W SECTION 13 SECTION 14 N 00'51'16" W 50.00' N 01'11'28" W 50.01' SOUTH 1/4 CORNER SECTION 13 -48 -28 P.I. STATION 412 +04.38 w Op L0 > Ib 3 I o 0 x d E N D_ ri m N J O W V) N w J w z w m o: v SOUTH LINE OF THE o, SOUTHWEST QUARTER m / OF SECTION 13 -48 -28 z / (EXISTING CENTER LINE OF OIL WELL ROAD) /� _ /w��.� 6241 ARO WAY l�Ir'1V.i�11 /VIl�`+I`(WI.I {L.JI I ✓7 FO�MYERB,Fl RDA,W912 V PHONE (269) 2)6-66)6 F rA%2]6-7029 FLORDA oERf Fm OF A0 ORZATON F. Le 9666 INL9WEf filiE; HI'fPJNJNNJ.MCIOMCPEEO.00M P.O.C. SW CORNER OF SECTION 13 -48 -28 P.I. STATION 305 +20.79 SHEET 2 OF 2 CLIENT: COLLIER 00. ICH2MHILL PROJECT: OIL WELL ROAD DATE: APRIL 14, 2009 O '— Tr E @ N m m � a m m LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 247 FEE (This is not a Field Survey) FEE SIMPLE INTEREST DESCRIPTION EXHIBIT A Page I�L of /�- A parcel of land lying in Section 15, Township 48 South, Range 29 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 15; thence N 00'56'02" W along the west line of the Southwest Quarter (SW 1/4) of said Section 15 for 282.00 feet; thence leaving said west line N 89'19133" E for 50.00 feet to the northwest corner of lands described in Official Records Book 1369, Page 1098, of the Public Records of Collier County, Florida; thence continue N 89'19'33" E along the northerly line of said lands for 11.82 feet to an inter- section with the east right —of —way line of Camp Keais Road (as shown in Official Records Book 1579, Page 1715, of the said Public Records of Collier County) and the Point of Beginning; thence continue along said northerly line N 89'19'33" E for 18.18 feet; thence leaving said northerly line N 00'56'02" W for 140.38 feet to an intersection with the said east right —af —way line of Camp Keais Road and a point of cusp; thence southwesterly along said east right —of —way line and along the arc of a tangential curve concave to the northwest, having a radius of 540.00 feet, a central angle of 12'58'40 ", a chord bearing and distance of S 05'33'18" W, 122.05 feet, for 122.31 feet to ❑ point of tangency, thence S 12'02'38" W, continuing along said east right —of —way line, for 19.53 feet to the Point of Beginning. Containing 860 square feet, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83199 being N 00'5602" W for the west line of the Southwest Quarter (SW 1/4) of Section 15, Township 48 South, Range 29 East, Collier County, Florida. SHEET 1 OF 2 LEGAL DEBCNPPON AND 6KETDH PREPARED BY WMM6CREED, PA - STATE OFFLORIDACERTIFICATEOFAUIHORUATIDNN .LB MM. CLIENT: COWER 00. /CH2MHILL ��,/,,//�� /h PROJECT: OIL W LROAD Y7r7J"� W. bT JEFFREY LL - PR FIHMIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REaIBBTATION LICENSE No. Le 6386 DATE: APRIL 16, 2007 � i^� U �,�/�,��+�p�+�+� lVP'1VLV & &REM W41 ARC WAY Four MY6+s, FLORIDA 33elz PHONE: I23In G 5F. I2W 27EMn !'�., •ti L44,6 FLORIDA OERRFtt` M OF AUIHORrlA No, Le 6666 r INTERNET BITE: HrrP:/hNNW.MC IVOREED.00M 0r7 oo� O N 0 m Z To EmN 22 N — m m m -0 0_ c m LEGAL DESCRIPTION AND SKETCH Fee Simple Interest / Parcel No. 247 FEE I/ (This is not a Field Survey) pp SECTION LINE IO & R/W LINE Q `Ct N 00.56'02" W 1 40 0 40 SCALE 1" m 40' P.O.B. - POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R = RADIUS ° 6 = ANGLE o° L = LENGTH Ch = CHORD CB = CHORD BEARING w O.R. = OFFICIAL RECORDS R/W = RIGHT OF WAY „mr CAMP KEAIS ROAD A (8D RNV) O.R. BOOK 1579 PAGE 1715 CURVE 1 *�'+�� *�(n,GRE 1�/j�'1�(�Il i��`+iK M�..LM ILA %ORF MYEgS, =1R 23812 624127C7M PHONE EE OF 2]6-06]6AM NNj 2]G]WB FLOIYfM CERTIFICATE OF nTfRVOgpATCN No. LB 6062 INTERNET BRE: HFTF:/M'NNJ.MCpMCREEp.COM R = 500.00.0 0' A = 12'55'40" _ L = 113.25' Ch = 113.01' CB = N 05'33'18" E 3 I 0 CURVE NO. 2 R = 540.00' A = 12'58'40" L = 122.31' tR Ch = 122.05' CB S 05'33'18" W CURVE NO. 3 R = 460.00' 40.00' A = 12'58'40" L = 104.19' Ch = 103.97' o CB = N 05'33'18" E RIGHT -OF -WAY LINE �0n I °I N SOUTH LINE OF THE SOUTHEAST QUARTER OF SEC110N 16 -48 -29 i N 88'57140" E OIL WELL RD. (C.R. 858) I m �N y I 0 o Z wF wN 00 z� w� 30 N 00.56'02" W 40.00' 40.00' O.R. BOOK 1369 PAGE 995 n FEE SIMPLE 0 INTEREST O ZYppm OOT 00� w N� w N 3¢¢ n z OI I N z oo. "'L N 89'79'33" E� 50.00 3 I o oI z M m N 3 n I 40.00' N ° 0 3 N a N 3 00 N Z 0 ;n 00 0 i0 °m OO � 247 FEE N 860'7 SQUARE b FEET IZ N 89'19'33" E PACE 1 LINE O.R. BOOK 1369, � PAGE 1098 98 I, N 89'19'33" E h 18.18' P.O.B. O.R. BOOK 1369 PAGE 1098 WESTERLY LINE O.R. BOOK 1369, `'� PAGE 1098 N O h °0 z S.W. CORNER �— O.R. BOOK 1359, PAGE 1098 i a.UU if RIGHT -OF -WAY LINE P.O.C. 13 SW CORNER OF °I1 SECTION 15 -48 -29 oly0. CIO 10 SOUTH UNE OF THE SOUT-48 -HWEST Iz QUARTER OF SECTIDN 15 29 N 89'19'33" E N 88'57'40" E 8.00' SHEET 2 OF 2 *�'+�� *�(n,GRE 1�/j�'1�(�Il i��`+iK M�..LM ILA %ORF MYEgS, =1R 23812 624127C7M PHONE EE OF 2]6-06]6AM NNj 2]G]WB FLOIYfM CERTIFICATE OF nTfRVOgpATCN No. LB 6062 INTERNET BRE: HFTF:/M'NNJ.MCpMCREEp.COM PIRCM CO OIL /OH2MHILL pgp,�CT. OIL WELL ROAD DOTE: APRIL 18, 1007 si;� )N ,o TN m — O) �o d m m a LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 248 FEE (This is not a Field Survey) FEE SIMPLE INTEREST DESCRIPTION EXHIBIT Pal L olf_11� A parcel of land lying in Section 15, Township 48 South, Range 29 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 15; thence N 00'56'02" W along the west line of the Southwest Quarter (SW 1/4) of said Section 15 for 282.00 feet; thence leaving said west line N 89'19'33" E for 50.00 feet to the northwest corner of lands described in Official Records Book 1369, Page 1098, of the Public Records of Collier County, Florida; thence continue N 89'19'33" E along the northerly line of said lands for 11.82 feet to an inter- section with the east right —of —way line of Camp Keels Road (as shown In Official Records Book 1579, Page 1715, of the said Public Records of Collier County) and the Point of Beginning; thence continue along said northerly line N 89'19'33" E for 18.18 feet; thence leaving said northerly line S 00'56'02" E for 232.00 feet to an Intersection with the north right —of —way line of Oil Well Road (C.R. 858); thence S 89'19'33" W along said north right —of —way line for 30.OD feet to the southwest corner of said lands; thence N 00'56'02" W along the westerly line of said lands for 180.65 feet to an intersection with the sold east right —of —way line of Camp Keais Road; thence leaving said westerly line and along said east right —of —way line N 12'02'38" E for 52.64 feet to the Point of Beginning. Containing 6657 square feet (0.153 acres), more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone. NAD 83/99 being N 00'56'02" W for the west line of the Southwest Quarter (SW 1/4) of Section 15, Township 4B South, Range 29 East, Collier County, Florida. SHEET 1 OF 2 LEGAL DESCRIPRONAND S� PREPARED W M M80REED. PA 6ATE OF FLORIDA CE FICATE OF ORIAT1ON NO. Lb 8689. CLIEW. COWER CO. /CH HILL PROJECT: OIL WELL ROAD r JI- JEFFREY FMSIONAL sunvEvmmo MAPPER erATE OF FLORIDA RH3IeT MON LIOSWE No. LS 8398 DATE: APRIL 14, 20p'/ � qr/w ^ � 8241 ARC WAY �r yK�l l`�-Ai JVfJ FOW MYERS, FLOWOA, 33812 V F qNE: (239) 2]696/8 F (239) Z 6 028 FLORIDA CERTFICATE OF A I)Fiii No. Ib 9598 INTERNET 9RE: I'RTP:/MMM1V.MCpMCREED.COM LEGAL DESCRIPTION AND SKETCH 0 0 Fee Simple Interest ° o Parcel No. 248 FEE Z ° o; (This is not a Field Survey) TN d.1 SECTION LINE EXHIBIT & R/W LINE Q. Pa e l Z5 C N 00'56'02" W Of4 Q 40 o ao I SCALE 1" = 40' P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R = RADIUS A = ANGLE 0° L = LENGTH Ch = CHORD CB = CHORD BEARING O.R. = OFFICIAL RECORDS w R/W = RIGHT OF WAY M CAMP KEAIS ROAD (80' RNV z O.R. BOOK 1579 PAGE 1715 CURVE NO. 1 R = 500.00' A = 12'56'40" L = 113.25' Ch = 113.01' CB = N 05'33'18" E CURVE NO. 2 R = 540.00' A = 12'58'40" L = 122.31' Ch = 122.05' CB = N 05'33'18" E CURVE NO. 3 R = 460.00' A = 12'58'40" L = 104.19' Ch = 103.97' CB = N 05'33'18" E RIGHT -OF -WAY LINE of of NI SOUTH LINE OF THE SOUTHEAST I QUARTER OF SECTION 16 -48 -29 ZI JI 3 �lO �I 40.00' N m o 0 0 v0i ° 3 0 0 0 z N 88 "5740" E N 00.56'02" W 40.00' 40.00' w z O.R. BOOK 1369 m 3 PAGE 995 �N �a O to €I 1 O z oz N.W. CORNER o I O.R. BOOK 1369, w F PAGE 1098 �w w N Ow0 w N 8979'33" E z 11.82' so / P.O.B. OIL WELL RD. (C.R. 858) N 88.57'40" E 8.00' 0 N ___ 1 i V 8979'33" E� N 8979'33" E 0261 ARC WAY FORT' MYER9, FLORIDA, 33812 PHONE 29G) 2] 100]5 Fa 29P 2 5 029 FLOWOA CE 190ATE OF AUTHORIZATION No. LR 0500 INTERNET BTTE H.....mhV.M(XIMOREEO.00M CLIENT: COWER CO. /CM2MHILL PROJECT: OIL WE ROAp W NORTHERLY LINE 50.00' ill - O.R. BOOK 1369, l m l■\ PAGE 1098 w N o �I 000 o I N 89'19'33" E 00° Nvi I 18.18' N -° zl 2 ■ z i } w e N 1 o O.R. BOOK 7369 zn J� cj PAGE 1098 yYrn O M N I'd ~ 248 FEE I I /� 03 w 6657 a SQUARE 3 FEET Ln FEE SIMPLE ym o I INTEREST 0.00' m¢ Z S.W. CORNER ¢a � � I3 0 in ■ N O I to 0 0 0 z t D.R. BOOK 1369, PAGE 1098 I 5 8919'33" W 30.00' SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 15 -48 -29 N 89'19 P.O.C. SW CORNER OF SECTON 15 -48 -29 E SHEET 2 OF 2 LINE V 7�/(+{lj'��(�/l■��-T■�r� jj�vjj IAA �I 11 ��//11(7l ■y�LKKWWFM'1 LMMLLLIILJ ■■ 0261 ARC WAY FORT' MYER9, FLORIDA, 33812 PHONE 29G) 2] 100]5 Fa 29P 2 5 029 FLOWOA CE 190ATE OF AUTHORIZATION No. LR 0500 INTERNET BTTE H.....mhV.M(XIMOREEO.00M CLIENT: COWER CO. /CM2MHILL PROJECT: OIL WE ROAp DATE: APRIL 14, 2007 � N 0 Z �+N ^ (0 N �z m °a a m m Q LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 249 FEE (This is not a Field Survey) FEE SIMPLE INTEREST DESCRIPTION EXHIBIT Page $3 of l A parcel of land lying In Section 15, Township 48 South, Range 29 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of said Section 15; thence N 00'56'02" W along the west line of the Southwest Quarter (SW 1/4) of said Section 15 for 50.00 feet; thence leaving said west line N 89'19'33" E for 32.00 feet to the Intersection of the north right —of —way line of Oil Well Road (C.R. 858) and the east right —of —way line of Camp Keois Road (as shown in Official Records Book 1579, Page 1715, of the Public Records of Collier County, Florida) and the Point of Beginning; thence N 00'56'02" W along said east right —of —way line for 50.15 feet to ❑ point of curvature; thence continue northeasterly along said east right —of —way line and along the arc of a tangential curve concave to the southeast, having a radius of 460.00 feet, a central angle of 12'58'40 ", a chord bearing and distance of N 05'33'18" E, 103.97 feet, for 104.19 feet to a point of tangency, thence N 12'02'38" E. continuing along said east right —of —way line, for 27.83 feet to an Intersection with the westerly line of lands described in Official Records Book 1369, Page 1098, of the said Public Records of Collier County, thence leaving said east right —of —way line and along said westerly line S 00'56'02° E for 180.65 feet to an intersection with the said north right —of —way line of Oil Well Road and to the southwest corner of said lands; thence leaving said westerly line and along said north right —of —way line S 89'19'13" W for 18.00 feet to the Point of Beginning. Containing 2,445 square feet, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 00'56'02" W for the west line of the Southwest Quarter (SW 1/4) of Section 15, Township 48 South, Range 29 East, Collier County, Florida. cne DESCRIPTION AND BIQ:ICF( PREPARED DY MCgM6oREE0, PA STATE OF FLORIDA CERRFOATE OF AUTHORIZATION No. US MM. CLIENT: O0UJM CO./ CH 1-111-1- PROJECT: OIL WELL ROAD /i / Or` JEFFREY A1.STInil. PFOFES Op SURVEYOR AND MA M STATE OF FLOPIOA REDISIRATON LICENSE No. I S. DATE: APRIL 14, 2007 1��'�//�����K///1����� /`, ^M-■//''Yy�{��(TyT�y�� W41 ARC WAY V +.+ iYL.1V �wLWLJy/ PHONE: (23 Fait Sig, F(2)"/ 77= FLORIDA CERRFlCATE OFAUTHORIZATgN No. LH 8888 INTERNET SffE: �R1P�ANW W,M❑pMCREED.COM < I f 9 10 o w =5M Mi6li@ SCALE t• a 40• P.O.B. = POINT OF BEGINNING P.O.C. - POINT OF COMMENCEMENT R = RADIUS ° L = ANGLE o° L = LENGTH Ch = CHORD CB = CHORD BEARING O.R. = OFFICIAL RECORDS R/W = RIGHT OF WAY u1 M CAMP KEAIS ROAD (80' RNV z O.R. BOOK 1579 PAGE 1715 _ CURVE NO. 1 LEGAL DESCRIPTION AND SKETCH 0 0 Fee Simple Interest A = 12'58'40" ° o Parcel No. 249 FEE z° °J (This is not a Field Survey) CB = N 05'33'18" E N 2 C, 0l 2 w l'. SECTION LINE M m XHIBIT ✓ & R/W LINE a = I'? N 00.56'02" W age of m R = 460.00' < I f 9 10 o w =5M Mi6li@ SCALE t• a 40• P.O.B. = POINT OF BEGINNING P.O.C. - POINT OF COMMENCEMENT R = RADIUS ° L = ANGLE o° L = LENGTH Ch = CHORD CB = CHORD BEARING O.R. = OFFICIAL RECORDS R/W = RIGHT OF WAY u1 M CAMP KEAIS ROAD (80' RNV z O.R. BOOK 1579 PAGE 1715 _ CURVE NO. 1 R = 500.00' A = 12'58'40" z L = 113.25' Ch = 113.01' J+ CB = N 05'33'18" E 31 2 C, 0l CURVE N0. 2 l'. R = 540.00' x 12'58'40" 4 = L = 122.31' Ch = 122.05' CS = N 05'33'18" E CURVE NO. 3 R = 460.00' 40.00' --► 4 = 12'5B'40" L = 104.19' N Ch = 103.97' o 0 CB = N 05'33'18" E RIGHT -OF -WAY LINE N 8919'33" E o 32.00' IO °° SOUTH LINE OF THE SOUTHEAST y QUARTER OF SECTION 16 -48 -29 N 88'57'40" E OIL WELL RD. (C.R. 858) 40.00' m F N a x� of N � wF 2 U F W O N O W 0 z w r¢ N SJ N 88'57'40" E 6.00' N 3 _ N W in O M � 7 O ry o A Z N = W ib q N N N z 00 n \N o 0 �- N 00'56'02° W 40.00' w J a O.R. BOOK 1369 3 PAGE 995 I° O � N.W. CORNER O.R. BOOK 1369, PAGE 1098 N 89'19'33" E 11.82' I= N 8979'33" E NORTHERLY LINE W O.R. BOOK 1369, PAGE 1098 �1 O ° _N h 2 O.R. BOOK 1369 PAGE 1098 WESTERLY LINE O.R. BOOK 1359, ✓ PAGE 1098 FEE SIMPLE °m INTEREST 2,445± SQUARE w FEET N 0 0 in 0 S.W. CORNER D.R. BOOK 1369, / PAGE 1098 LINE 1 3 I 0 o S 89'19'33" W of v°� o P.O.B. 18.00` of o I z SOUTH UNE OF THE SOUTHWEST II QUARTER OF SECTION 15 -48 -29 1 N 89'19'33" E P.O.C. SW CORNER OF SECTION 15 -48 -29 SHEET 2 OF 2 6241 ARC WAY — —Mv 1E a �V RORCA C� 27616 F � S70n FCA CF AUTHOR AMON No. W 9688 MIE u BRE M"fPJN✓WW,MCbMCREEO.ODt�� CUE, C0uJMC0. /0H2MHILL PROJECT: OIL WELL RCAO DATE: APRIL 14, 2007 vor�i 7 N �O � N N N� N m m a� m LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 250 FEE (This Is not a Field Survey) FEE SIMPLE INTEREST DESCRIPTION EXHIBIT—.-L Pace 1�5of LI A parcel of land lying in Section 21, Township 48 South, Range 29 East, Collier County, Florida, being more particularly described as follows: Commence at the northeast corner of said Section 21, said corner lying on the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way); thence leaving said center line S 00'31'06" E along the east line of said Section 21 for 50.00 feet to an Intersection with the existing south right —of —way line of said Oil Well Road and the Point of Beginning; thence leaving said south line and continuing along said east line S 0031'06" E for 60.00 feet; thence leaving said east line S 88'57'40" W for 46.50 feet; thence N 00'31'06" W for 20.00 feet; thence S 88'57'40" W for 534.78 feet to a point of curvature; thence westerly along the arc of a curve concave to the north, having a radius of 8075.00 feet, a central angle of 03'24'01 ", a chord bearing and distance of N 89'20'20" W, 479.15 feet, for 479.22 feet to a point of tangency, thence N 87'38'19" W for 434.75 feet to an intersection with the said existing south right —of —way line of Oil Well Road, said point of Intersection bearing S 01'02'20" E and 50.00 feet from, as measured at right angles, the north line of the Northeast Quarter (NE 1/4) of said Section 21: thence along said south right —of —way line N 88'57'40" E for 1494.56 feet to the Point of Beginning. Containing 1.071 acres, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99, being N BB'57'40" E for the north line of the Northeast Quarter (NE 1/4) of Section 21, Township 48 South, Range 29 East, Collier County, Florida. SHEET 1 OF 2 LEML oE6aRIPI10N AND BKEraH RiFPAREO eY MoMM6 Mo. PA STATE OF FLORIDA CERRFICATE of A oiUZATION W. M8689. CLIENT: COWER CO. /CN2MMLL /I. e n PROJECT: OIL WELL ROAD JEFFREY M:STLL- PROFEE810NALSURVEYOR US MAPPER DATE; APRIL14.2007 STATE OF FLOR�I�D/ A�R�ED�I[ 9/ f��R�A�T/ OI�N)/ LICENSE �N�(o.�- LISr�9�I3B�B�■ N iYL�1V �+RMD 8241 MOWAY , FORT MVEAB. FLORIDA. 33812 V P ONE (239) AUTHOI6 Fnv (238) 278 7028 FLORDA CERRRCATE OF Aa1HOR.MCKIIIV No, lH coM INTEANEr 6I1£HriPJAMyyy,MCKIMCREEp.00M , 0�� o0 o 0 z CC CC E me =Z 0 — m c m m Q LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 250 FEE (This Is not a Field Survey) EXHIBIT �-LL ofd SOO- 31.06 ^E so.00' P.O.O. =• F � � � +&CRE LPL 8241 ARC WJ2 PHONE (239) 2 gg p8u. (M2 j8. P FLORIDA CEREFICJTE OF AfRq TION No. M 8580 WERNET SITE: HiTPVM .MC CREEO.COM CLIENT': COWER CO. /CF12MHILL PROJECT. OIL WELL ROAD S 00'31'06" E 60.00' SECTION 22 5 00'31'06" E / SECTION 21 ��� NE CORNER OF / SECTION 21 -48 -29 P.I. STATION 597 +23.36 m S 88'57'40° W b ' 46.50' D_ N 00'31'06" W 20.00' � � M W y M C1 I 150 0 150 do C ccW � iO � a 1j SCALE 1' - 150' U m 1N O ' rr J z J LLI J 1.071 250 FEE 3 ACRES � FEE SIMPLE O I INTEREST a I R = 8075.00' � z A = 03'24`01" L = 479.22' w Ch = 479.15' I CB = N 89'20'20" W o O.R. BOOK 2589 NORTH LINE OF THE m p PAGE 1064 NORTHEAST QUARTER a OF SECTION 21 -48 -29 n (EXISTING CENTER LINE \ I OF OIL WELL ROAD) \ m z I P.O.B. = POINT OF BEGINNING w 3 P.O.C. = POINT OF COMMENCEMENT R = RADIUS 6 = ANGLE n L = LENGTH :^ Ch = CHORD m ^ M CB = CHORD BEARING z O.R. = OFFICIAL RECORDS Z B.O.S. = BEGINNING OF SURVEY S01'02'20 "E 50.00' STA. 582 +28.34 SHEET 2 OF 2 V =• F � � � +&CRE LPL 8241 ARC WJ2 PHONE (239) 2 gg p8u. (M2 j8. P FLORIDA CEREFICJTE OF AfRq TION No. M 8580 WERNET SITE: HiTPVM .MC CREEO.COM CLIENT': COWER CO. /CF12MHILL PROJECT. OIL WELL ROAD DATE APRIL 14. 2007 N ExHIEIIT /__�__ z N Page E 6N STATE OF FLORIDA CERTROATE OF AUTHORIZATON NP. LB 6668. CID LEGAL DESCRIPTION AND SKETCH a Temporary Construction Easement Parcel No. 250 TCE o (This is not a Field Survey) Q .Y /T✓ /l. PROJECT: OIL WE-1-ROAD TEMPORARY CONSTRUCTION EASEMENT JEFFREY M. LL- PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA R ST ION LICENSE N6. LB 6368 DURATION 3 YEARS. DESCRIPTION A parcel of land lying in Section 21, Township 48 South, Range 29 East, Collier 1BBG12 )V5- (2�12>6-6B96 Fox p: 9 . LB 70IS OF AUiFIOfi6ATON N6. LB 8696 FLORIDA FLOWDq CERET V County, Florida, being more particularly described as follows: Commence at the northeast corner of said Section 21, said corner lying on the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way); thence leaving said center line S 00'31'06" E along the east line of said Section 21 for 50.00 feet to an Intersection with the existing south right —of —way line of said Oil Well Road; thence leaving said south line and continuing along said east line S 00'31'06° E for 60.00 feet to an intersection with the proposed south right —of —way line of said Oil Well Road and the Point of Beginning; thence continue along said east line S 00'31'06" E for 645.00 feet; thence leaving said east line S 89'79'33" W for 96.50 feet; thence N 00'31'06 W for 115.00 feet; thence S 89'19'33" W for 135.00 feet; thence N 00'31'06" W for 548.52 feet to on intersection with the said proposed south right— of —wcy line of Oil Well Road; thence along said proposed line (parallel to . -- and 90.00 feet south of, as measured at right angles from, the existing center line of Oil Well Road) N 88'57'40" E for 185.01 feet; thence continue along said proposed line S 00'31'06" E for 20.00 feet; thence continue along said proposed line N 88'57'40" E for 46.50 feet to the Point of Beginning. Containing 3.152 acres, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99, being N 88'57'40" E for the north line of the Northeast Quarter (NE 1/4) Section of 21, Township 48 South, Range 29 East, Collier County, Florida. SHEET 1 OF 2 LEGAL DESCRIPTON AND SKETCH PREPARED By iw Om REED, PA - -� STATE OF FLORIDA CERTROATE OF AUTHORIZATON NP. LB 6668. CLIE '- COWER CO. / CH2MHILL .Y /T✓ /l. PROJECT: OIL WE-1-ROAD JEFFREY M. LL- PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA R ST ION LICENSE N6. LB 6368 GATE: APRL 14, Zap] �� 5241 ARC WAY MYERS,FL39)D HONE 1BBG12 )V5- (2�12>6-6B96 Fox p: 9 . LB 70IS OF AUiFIOfi6ATON N6. LB 8696 FLORIDA FLOWDq CERET V sr-E: INTERNET SRE: HrfPJryNJW.MCgMCREED.COM p o M O N N 0 O Z.600 TN C @ N (0 t0 c m Q CXHB��.t�T� LEGAL DESCRIPTION AND SKETCH �8 -1-iL� Of f Temporary Construction Easement Parcel No. 250 TCE (This is not a Field Survey) NORTH LINE OF THE * ��/T� r Irl jVj�Il �� +KWM fM21L/� NORTHEAST QUARTER P.O.C. OF SECTION 21 -48 -29 NE CORNER OF (EXISTING CENTER LINE SECTION 21 -48 -29 OF OIL WELL ROAD) P.I. STATION 597 +23.36 OIL WELL RD. (C.R. 858) / N 89 9'33" E No N 88'57'40" E SURVEY BASE LINE S 00'3106" E q EXISTING RIGHT -OF -WAY LINE 0 50.00' 4 o S 0031'06" E o PROPOSED RIGHT -OF -WAY LINE 60.00' N 88 "57'40" E N 88'57'40' E q PROPOSED RIGHT -OF -_WAY LINE _ _ 185.01 � _ _ _ S 00'31'06" E P.O.B. 20.00 TEMPORARY N 88.57'40" E 46.50' ONSTRUCTION EASEMENT o DURATION YEARS. EAST LINE OF THE TEMPORARY NORTHEAST QUARTER CONSTRUCTION ✓ OF SECTION 21 -48 -29 EASEMENT NO. 250 TICE (3.152± ACRES) w o � o o� 0 N zl 0 o rn 100 0 100 N N — 01� p S 89'19'33 "' Wl SCALE 1' = 100' F U 135.00' , P.O.S. = POINT OF BEGINNING N 00'31'06" W � P -1. PONOIN P = INTERSECTIONMENT 115.00' � w O.R. BOOK 2589 S 89'19'33" W o O.R. BOOK 2493 PAGE 1084 96.50' n PAGE 2779 0 0 SHEET 2 OF 2 u� vV * ��/T� r Irl jVj�Il �� +KWM fM21L/� 6241 AFC WAy RiONE: (239) B�BBJ6 FF,F 12WI 2]6-70 FLORIDA CERIIROATB OF A ORZATON Np. LB 6666 IMEANEr 3RE: FTIPJAYNhV.MCI6MCREFD.COM CLIENT: 00WERCO. /OHMHILL PROJECT: OIL WELL ROAD GATE: APt1L 14, 2007 � N O ?°orn TN N N 0 � d C m Q LEGAL DESCRIPTION AND SKETCH ice S, mPIESp }eresL Parcel No. 251 DE (POND 12) (This is not a Field Survey) DESCRIPTION EXHIBIT A Page of, (44 FEE SIMPLE INTEREST A parcel of land lying in Section 22, Township 48 South, Range 29 East, Collier County, Florida, being more particularly described as follows: Commence at the northwest corner of said Section 22; thence N 89'19'33" E along the north line of the Northwest Quarter (NW 1/4) of said Section 22, said north line also being the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way), for 1145.00 feet; thence leaving said north line S 00'40'27" E for 110.00 feet to an intersection with the proposed south right —of —way line of Oil Well Road (C.R. 858) and the Point of Beginning (said proposed right —of —way line being parallel to and 110.00 feet south of, as measured ct right angles from, the said existing center line of Oil Well Road); thence continue S 00'40'27" E, leaving said proposed south right —of —way line, for 1103.00 feet; thence N 89'19'33" E for 584.00 feet; thence N 00'40'27" W for 1103.00 feet to an Intersection with the said proposed south right —of —way line of Oil Well Road; thence along said proposed line S 89`19'33" W for 50.00 feet; thence leaving sold proposed line S 00'40'27" E for 399.00 feet; thence S 89'19'33" W for 41 feet; thence N 00'40'27" W for 399.00 feet to an intersection with the aforesaid proposed south right —of —way line of Oil Well Road; thence S 89'19'33" W along said proposed line for 50.00 feet to the Point of Beginning. Containing 10.354 acres, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99, being N 89'19'33" E for the north line of the Northwest Quarter (NW 1/4) of Section 22, Township 48 South, Range 29 East, Collier County, Florida. SHEET 1 OF 2 LEDAL DEGCRIFIgFJ AND S� PI By WMMBaREEO, FA STATE OF FLOROA CERRFICATE OF AUttIOR¢ATON No. LS SSSI CIJEN -r: COLLIEFICO. 1CH2MHILL •�. PROJECT: OIL WELL ROAD r JEFFREY . BILL - PROFESSIONAL SURVEYOR AND MAPPER S GATE: APRL, 14 2DD7 STATE OF FLORIDA REOISIRATION LICENSE Na. LS 8389 - .. _ FKffiA V � 8241 ARC WAY . FORT' MYER3, FLORIDA, 33912 V PHONE (239) 278-BS)6 FAa (239) 2]57029 FLORIDA SRNET GATE OF ALRHOR2ATON No. LB 8688 INTERN£r SITE HnP: /MNWJ.MCKIMCREEO.CCM ' oo� N ti o � z °Jo C @ N N t0 C O1 lT Q LEGAL DESCRIPTION AND SKETCH Pa9e—"' Of reeS9mm7 T nktesL Parcel No. 251 DE (Pond 12) (1-111s; is not a Field Survey) P.O.C. NW CORNER OF SECTION 22 -48 -29 P.I. STATION 597 +23.36 , SURVEY BASE LINE y p N 8919'33" E � 1145.00' MOM] S 89'19'33" W 50.00 O.R. BOOK 2493 PAGE 2779 P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R = RADIUS A = ANGLE L = LENGTH Ch = CHORD CB = CHORD BEARING O.R. = OFFICIAL RECORDS B.O.S. = BEGINNING OF SURVEY NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 22 -48 -29 (EXISTING CENTER LINE OF OIL WELL ROAD) 150 0 15D SCALE 1" — 150' OIL WELL RD. (C.R. 858) N 8919'33" E 584. on _- I - - -___ N 8919'33" E EXISTING RIGHT -OF -WAY LINE / _N 8_919 "33" E /••J /o � PROPOSED RIGHT -OF -WAY LINE - 500'40'27 "E S00'40 '27 "E o 0 110.00' 110.00' 0 m m of `* o I � yyI O N 89'19`33" E 584.00 3 "t0 ."1 0 O1 0 m� m n m N r O ma SHEET 2 OF 2 8241 ARC WAY M EgB, FLORIW.33812 � CLIENT: COWERC0,10HWHILL 1" �OJ OIL WELL ROAD M1 I DATE APRIL 14, 200] I 13 wl 1 I Io oI 1 °ol �1 to o_ I Iz b--- I o f- I S 89'19'33" W 484.00' 1 1 I 1 I 251 DE 1 1 w (POND 12) 3 01 1 10.354± I N 0 ACRES I o O vl I FEE SIMPLE p 1 z INTEREST O.R. BOOK 2493 1 1 PAGE 2779 1 II b — — 1 N 89'19`33" E 584.00 3 "t0 ."1 0 O1 0 m� m n m N r O ma SHEET 2 OF 2 8241 ARC WAY M EgB, FLORIW.33812 � CLIENT: COWERC0,10HWHILL vV —' — � � • �v PHONE FLORID.ACEf MR TEOF U RIZAMON tJO LB'e508 �OJ OIL WELL ROAD IN NEf SRE HTTP: /AWyW,MCgMCREEOCpM DATE APRIL 14, 200] N 0 OJ � � N C N !T Q LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 251 FEE (This is not a Field Survey) DESCRIPTION 7XHIBIT� i9e1QL, oiF FEE SIMPLE INTEREST The South 60.00 feet of the North 110.00 feet of the Northwest Quarter (NW 1/4) of Section 22, Township 48 South, Range, 29 East, Collier County, Florida, being more particularly described as follows: Commence at the northwest corner of said Section 22, said corner lying on the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way); thence leaving said center line S 00'31'06" E along the west line of said Section 22 for 50.00 feet to an intersection with the existing south right —of —way line of said Oil Well Road and the Point of Beginning; thence leaving said south line and continuing along said west line S 00'31306" E for 60.00 feet; thence leaving said west line N 89"19'33" E for 2644.83 feet to an Intersection with the east line of the Northwest Quarter of said Section 22; thence along said east line N 00'51"02" W for 60.00 feet to an Intersection with the said existing south right —of —way line of Oil Well Road, said point of intersection bearing S 00'51'02" E and 50.00 feet from the north One Quarter (1/4) corner of said Section 22; thence leaving said east line and along said south right —of —way line S 89'19'33" W for 2644.48 feet to the Point of Beginning. Containing 3.643 acres, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'19 "33" E for the north line of the Northwest Quarter (NW 1/4) of Section 22, Township 48 South, Range 29 East, Collier County, Florida. LEGAL OESCRIPnON AND SKETCH PREPARED By Mo CREED, PA STATE OF FLORIM CERTFIGTE CF AU IZAMON NO. LB B8C8. WisrF. COWER DO. /CH2MHILL PROJECT: OIL wELL ROAD JEFFREY M. STILL - PROFESSIONAL SURVEYOR AND MAPPER DATE-' PPRIL 1420DT STATEOFFLORIMRE019TRATInu ncucc ni., rego.. +-+ y M 8241 ARC WAY FORT MYERS, FLORIDA, 3 12 V HONE: Of Y/fi-88R A (239) . W T02B FLORIDA FLOgICA CF3TnFlMTE OF AUTHORIZATION No. LB 8S8B INTERNET SRE: HrTPJryWVA/.MCKIMCgEEO.COM 0 0 0 o� � a m tT Q LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 251 FEE (This is not a Field Survey) EXHIB a T ,/. NORTH 1/4 CORNER SECTION 22 -48 -29 P.I. STATION 623 +67.55 — M P.O.B. = POINT OF BEGINNING S 00.51'02" E 50.00' N 00'51'02" W rn P.O.C. = POINT OF COMMENCEMENT N m ^ OD w m 1 1 - N 00'51'02' W EAST LINE OF THE NORTHWEST QUARTER z L0 OD Z I 60.00' SECTION 22 -48 -29 O.R. = OFFICIAL RECORDS Y 1 B.O.S. = BEGINNING OF SURVEY � 3 1 P.O.C. U wl SECTION 22 -48 -29 `� O ZI SECTION 21 P.O.B. J 50.00' SHEET 2 OF 2 X i EXHIBIT N Page, ! ofd Z °5 O r� EmN LEGAL DESCRIPTION AND SKETCH Temporary Construction Easement Parcel No. 251 TCE (This is not a Field Survey) IL TEMPORARY a CONSTRUCTION EASEMENT DURATION = _ YEARS. DESCRIPTION A parcel of land lying in Section 22, Township 48 South, Range 29 East, Collier County, Florida, being more particularly described as follows: Commence at the northwest corner of said Section 22, said corner lying on the existing center line of Oil Well Road (C.R. 858, 100' Right —of —Way); thence leaving said center line S 00'31'06" E along the west line of said Section 22 for 50.00 feet to an intersection with the existing south right —of —way line of said Oil Well Road; thence leaving said south line and continuing along said west line S 00'31'06" E for 60.00 feet to an intersection with the proposed south right —of —way line of said Oil Well Road and the Point of Beginning; thence continue along said west line S 00'31'06" E for 645.00 feet; thence leaving said west line N 89'19'33" E for 53.50 feet; thence N 00'31'06" W for 645.00 feet to an Intersection with the aforesaid proposed south right —of —way line of Oil Well Road; thence along said proposed south right —of —way line S 89'19'33" W for 53.50 feet to the Point of Beginning. Containing 34,508 square feet (0.792 acre), more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'19 "33" E for the north line of the Northwest Quarter (NW 1/4) of Section 22, Township 48 South, Range 29 East, Collier County, Florida. SHEET 1 OF 2 LEGAL DESORPTION MO SK H PREPARM By V o M&OREED, PA STATE OF HIORIDA CERTIFICATE OF AfIF IR MON No. LB 8888. CLIENT: COWER 00. 1 C11YMHILL ,- e PROJECT: OIL WELL ROAD JEFFREY M. BTKL-- FRROOFESVOI L SURVEYOR MD pgTE: APTIL 14, BrATE OF FLORIDA REDIBT MON LICENSE No. LS 8389 �� `� 8241 DA, WAY LI`./1`11CWI I�.A1 FORTMYERQF(MR 2727 79 V PHONE: r23S12lB- O Fex: N . LB 6688 FLORIDA CFATFIEiri CFA:1~.ATION No.LBaaM INIEHNET STIE: HTIP: /ANWJJ.MCKIMCREED.COM vo o m LEGAL DESCRIPTION AND SKETCH EXHI�IT c°� o Temporary Construction Easement Parcel No. 251 TOE Page 'Of f z (This Is not a Field Survey) Elm N NORTH LINE OF THE a NORTHWEST QUARTER P.O.C. OF SECTION 22 -48 -29 2 NW CORNER OF (EXISTING CENTER LINE SECTION 22 -48 -29 OF OIL WELL ROAD) P.I. STATION 597 +23.36\ \ rOILELL RD. (C.R. 858) No N 88'57'40" E S 00'31'06° E SURVEY BASE LINE o N 89'19'33" E ° EXISTING RIGHT -OF -WAY LINE 50.00' 4 o S 0031'06" E °- PROPOSED RIGHT-OF-WAY LINE ~— 60.00' ° o N 88'57'40" E PROPOSED RIGHT -OF -WAY LINE N 89'19'33" E P.O.B. S 89'1933" W - 53.50' o to � Im TEMPORARY 0 10D I CONSTRUCTION EASEMENT SCALE 1" - 100• NO. 251 TICE (34.508± SQUARE FEES I� P.O.B. =POINT OF BEGINNING io TEMPORARY P.O.C. - POINT OF COMMENCEMENT I CONSTRUCTION EASEMEN I P.I. = POINT OF INTERSECTION n g I g DURATION --,3 YEARS. N Z O.R. BOOK 2493 NORTHWEST QUARTER WEST NORTHWEST OF THE —� I PAGE 2779 OF SECTION 22 -48 -29 N N I N O0 O FF W U � N O.R. BOOK 2589 J PAGE 1084 w o N 89'19'33" E n 53.50' 0 0 SHEET 2 OF 2 V jrj j�lVi/VK��yKWM iL.J�I ✓1 MCKM& RM s`O PAC WAV WR IW5F.F(23%27 71X!g PFIONE (2 T 688 6 F ION N 2]6]029 FLORICA CEfrtIFlCATE OF AU11roWZATON No. LS &5B8 IN NET SITE: HITRJh ,MCMIVMEM-- OINr' COLLIER O. /CH2MHILL PRO EC :OIL WELL flOAO DATE APRL 14.2007 Agenda Item No. 10D May 8, 2007 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to award Bid #07 -4122 to Vanderbilt Bay Construction, Inc. for the Naples Jail Improvement Project in the amount of $8,598,238.00. OBJECTIVE: To obtain approval from the Board of County Commissioners to award Bid #07 -4122 for the Naples Jail Improvement Project to Vanderbilt Bay Construction, Inc. in the amount of $8,598,238.00 and to approve the necessary Budget Amendments. CONSIDERATIONS: Elements of the old Naples Jail have been failing for a number of years. The scope of this project consists of replacing all security windows (600+ units) and to remove all of the existing stucco from the old jail, down to the original substrate, install ridged foam insulation, and re- stucco. The interior scope of work is to replace all water and sewer lines under the slab and cells. Excavation to depths of 6 feet or more will be necessary in some areas. All work involves the close coordination with the Sheriffs Office. Work will be conducted one cell pod at a time (each pod is comprised of multiple cells and a day room). Each pod under construction will need to be cleared of inmates before the construction can begin. All contractor employees and sub contractors will have security background checks and ID badges issued. Other details of this project are intentionally omitted because of the nature of the project. On February 7, 2007, a Public Notice was placed in the Naples Daily News by the Collier County Purchasing Department for an Invitation To Bid on the Naples Jail Improvement Project. An additional 212 notices were sent out to other interested parties listed in the Purchasing Department data base. Nine (9) contractors requested copies of the Bid Documents and two (2) sealed bids were opened on the March 22, 2007 deadline with the following results: Contractor Wright Construction Vanderbilt Bay Construction, Inc. Base Bid $8,799,950.00 $8,440,000.00 Alternate #1 Paint Floors $121,764.00 $102,798.00 Alternate #2 Paint Bars / Metal $108,965.00 $55,440.00 Total $9,030,679.00 $8,598,238.00 FISCAL IMPACT: This project has been previously approved by the Board as line items in the FY '07 budget process; no additional funding is required from Reserves. The total amount of budget needed for this project is $9,028,238 (contract award of $8,598,238 plus a 5% contingency of $430,000). The $430,000 contingency amount is approximately 5% of the total project. Agenda Item No. 10D May 8, 2007 Page 2 of 4 Naples Jail Improvement Project Executive Summary Page 2 Funds in the amount of $9,028,238 are available within five projects, as shown below: Project Number / Name Amount 53172 -1 Naples Jail & Renovation $3,869,000 52008 -2 Jail Stucco & Improvements 4,114,200 52008 -1 Naples Jail & Parking Garage 790,000 52161 Roof Repairs ** 184,110 52506 Paint Plan ** 70,928 Project Cost plus contingency 9,028,238 ** These projects came in under budget. Budget amendments are needed to transfer $184,110 in funds from Project 52161 Roof Repairs, $ 70,928 from 52506 Paint Plan and $ 3,869,000 from Project 53172 -1 Naples Jail & Renovation into Project 52008 -2 Jail Stucco and Improvements. The new Naples Jail expansion and parking garage was financed with the 2002 Capital Improvement Revenue Bond, all the bond proceeds were placed into project 52008 -1. Included in the costs were `old" jail renovations. In a couple of months, the new Naples Jail expansion and parking garage project should be closed out. At this time, it appears that the project may be approximately $800,000 - $900,000 under - budget; therefore, $790,000 will be allocated to the renovation contract with Vanderbilt Bay Construction, Inc. GROWTH MANAGEMENT IMPACT: There is no impact on the Collier County Growth Management Plan. RECOMMENDATIONS: That the Board of County Commissioners award Bid #07 -4122 to Vanderbilt Bay Construction, Inc. for $8,598,238.00, authorize the Board Chairman to sign the contract and approve the necessary budget amendments as outlined within this summary. PREPARED BY: Bob Pierce, Project Manager, Department of Facilities Management. Page I of 1 Agenda Item No. 10D May 8, 2007 Page 3 of 4 file : / /C:\A=ndaTestkEx ort\82 -Mav %208.% 202007 \10. %2000ITNT-Y' /.20MANAGAR%20._ 5/2/2007 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 100 ..- Item Summary: Recommendation to award Bid #07 -4122 to Vanderbilt Bay Construction, Inc for the Naples Jail Improvement Project In the amount of $8,598 238.00. (Len Price, Administrator, Administrative Services) Meeting Date: 518/2007 9 -. .00.00 AM Prepared By Bob Pierce Project Manager Date Administrative Services Facilities Management 4126120079: 59: 53 AM Approved By Skip Camp, C F.M. Facilities Management Director Data Atlministrative Services Facilities Management 626120071:58 PM Approved By Mary Beck Executive Secretary Date Administrative Services Administrative Services Atlmin. 626/20073:56 PM Approved By Damon Gonzales Interim Facilities Manager Date Administrative Services Facilities Management 412612007 3:59 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Atlmin. 4126120074:20 PM Approved By OMB Contoured., Administrative Assistant Data County Managers Office Office of Management & Budget 412712007 9:13 AM Approved By Susan Usher Senior MaragemeotlBudget Analyst Data County Managers Office Office of Management 8 Budget 413012007 5.00 PM Approved By Michael Smykowski Management 8 Budget Director Date County Managers Office Office of Management 8 Budget 5121200711:30 AM Approved By James V. Mudd County Manager Data Board of County Commissioners County Managers Office 512/20071:38 PM file : / /C:\A=ndaTestkEx ort\82 -Mav %208.% 202007 \10. %2000ITNT-Y' /.20MANAGAR%20._ 5/2/2007 NCP O> N m zoJ• � :O > Y a fcOL 0 O w Q m m _ � a z° m z m J Q ° v d a E a J Z J Z `c d E m m `m m m � C w m N U �U m LL O _ U U 0) 0 IL C m O. E w m Z N Y 0 o m o °o >1 O N N w V � w �+ � w o a C p p O O O U c c ^ r w <= r r r r r r o U w w yL i C O a w O O m G= J O C O C C m y o v m o 3 a m m m c E Mom. CO L O C U w E C .N N a N 1 O I� OI w t t O L O) J O [f] p L O N N % O w 3 C N w O E C m y w N N m LL n Em��.Cm C uEi °. >w.. o n mv�m 3 .� m E '� o C y m ,? a 6 p Y w W¢ w C R o y ¢ m cm it v m q a 3 y 0 o'0 o d ao m o. Agenda Item No. 10E May 8, 2007 Page 1 of 38 EXECUTIVE SUMMARY Recommendation to approve an Agreement between the State of Florida, Division of Emergency Management and Collier County accepting $1,510,094 towards the construction of a new County Emergency Operations Center (EOC) within the Emergency Services Center (ESC) and approve the Budget Amendment necessary to recognize and appropriate $1,510,094 as revenue OBJECTIVE: Board of County Commissioners approval of Agreement #07- EC- 33 -09- 21-01 between the State of Florida, Division of Emergency Management and Collier County accepting $1,510,094 for the construction of a new County EOC within the Collier County ESC. CONSIDERATIONS: The State of Florida, Division of Emergency Management has approved a total of $3,149,319 towards the construction of the County's new EOC. This agreement represents the award of $1,510,094 of General Revenue Funds, an additional $1,639,225 has been awarded under the Hazard Mitigation Grant Program and will be contracted under a separate agreement. These General Revenue Funds must be utilized solely for the construction (can not be used for fixtures, furniture or equipment) of the EOC portion of the overall ESC project. This Agreement has a number of qualifications and requirements included in the Scope of Work (Attachment A, pg 20 & 21) and Product Items (pg 21 & 22). These items have all been reviewed by county staff and the design team and are considered appropriate, achievable and consistent with what has been required during the grant application process. FISCAL IMPACT: A budget amendment is needed to recognize the grant revenue of $1,510,094 and to increase the Emergency Services Center project (52160) budget by $1,510,094. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve an Agreement between the State of Florida Division of Emergency Management and Collier County accepting $1,510,094 towards the construction of a new County EOC and approve the necessary budget amendment. Prepared by: Jim von Rimeln, EM Coordinator Department of Emergency Management Page 1 of 1 Agenda Item No 10E May 8, 2007 Page 2 of 38 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 10E Item Summary: Recommendation to approve an Agreement between the State of Florida, Division of Emergency Management and Collier County accepting $1,510.094 towards the construction of a new County Emergency Operations Center (ECC) within the Emergency Services Center (ESC) and approve the Budget Amendment necessary to recogmee and appropriate $1,510.094 as revenue. Meeting Date: 51812007 9.00'.00 AM Prepared By James J. Von Rmteln Emergency Management Coordinator Data Daunt, Manager's Office Emergency Management 41231200710:37:11 AM Approved By Dan E. Summers Bureau of Emergency Services Director Date County Managers Wis. Bureau of Emergency Service, Q23120071:09 PM Approved By Mariana J. Faced! Grams Coordinator Date Administrative Services Administrative Services Admin. VA120072:62 PM Approved By Ron Havell Principal Project Manager Dale Administrative Services Fadi6ties Management 412612007329 PM Approved By OMB Coordinator Administrative Assistant Data County Managers Office office of Management It Budget 4127120079: 06 AM Approved By Michael Smykowski Management 8 Budget Director Date �.. County Manager's Office Office of Management 8 Budget 5111200711 48 AM Approved By James V. Mudd County Meneger Data Board of County County Manager's Office 5/112607 6:44 PM Commissioners Approved By Susan Usher Senior ManagementlBUdget Analyst Data County Managers Office Office of Management 8 Budget 51112007 7:58 PM file:// CAAeendaTefitAA.znnrt\R2Mav %70Ra/ 202007 AI0 %20,7(1IWYa /20MANACiFR %70 5/7/7007 Agenda Item No. 10E May 8, 2007 Page 3 of 38 Contract Number: 07- EC- 33- 09- 21 -01- STATE - FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division "), and Collier County, (hereinafter referred to as the 'Recipient "). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. WHEREAS, the Division has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, the Division has authority to disburse the funds under this Agreement pursuant to State Fiscal Year 2006 — 2007, Chapter 2006 -71, Laws of Florida, Section b. The purpose of this act implements provisions relating to county emergency operations centers and designated alternate state emergency operations centers. NOW, THEREFORE, the Division and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES Both the Recipient and the Division shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment B. (3) PERIOD OF AGREEMENT. This Agreement shall begin January 24, 2007, and shall end June 30, 2009, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. Agenda Item No. 10E May 8, 2007 Page 4 of 38 (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. (5) (a) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds provided under this Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division or its designee, the Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Division or its designee, the Chief Financial Officer, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the five year period, the records will be maintained until all litigation, claims or audit findings involving the ecords have been resolved. 2. Records for the disposition of non - expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final disposition. 3. Records relating to real property acquisition shall be retained for five years after closing of title. (b) The Recipient shall maintain all records, for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including supporting documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A and all other applicable laws and regulations. (c) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. 'Reasonable' shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Division. 2 Agenda Item No. 10E May 8, 2007 Page 5 of 38 (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Division. 'Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Division with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a nonstate entity as defined by Section 215.97, Fla. Stat., it shall comply with the following: In the event that the Recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat.; applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local government entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Division by this Agreement. In determining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, including State funds received from the Division, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass- through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in this Paragraph 6(d) above, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Fla. Stat. This includes submission of a reporting package as defined by Section 215.97(2)(d), Fla. Stat. and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat, is not required. In the event that the Recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the 3 Agenda Item No. 10E May 8, 2007 Page 6 of 38 >rovisions of Section 215.97, Fla. Stat, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). Additional information on the Florida Single Audit Act may be found at the following website: http://www.state.fl.us/fsaa/statutes.html. (e) Report Submission 1. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3. Copies of financial reporting packages required under this Paragraph 6 shall be submitted by or on behalf of the Recipient directly to each of the following: The Division of Community Affairs at each of the following addresses: Division of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 -- ran electronic copy shall also be submitted to aurilla .parrish @dca.state.fl.us] ind Division of Emergency Management Bureau of Policy and Budget 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 The Auditor General's Office at the following address: Auditor General's Office Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399 -1450 4. Any reports, management letter, or other information required to be submitted to the Division or the Department of Community Affairs pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A -133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packages to the Division or the Department of Community Affairs for audits done in accordance with OMB Circular A -133 or Chapters 10.550 (local governmental El Agenda Item No. 10E May 8, 2007 Page 7 of 38 entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (f) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Division has notified the Recipient of such non - compliance. (g) The Recipient shall have all audits completed in accordance with Section 215.97, Fla. Stat. by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be submitted to the Division no later than nine (9) months from the end of the Recipient's fiscal year. (7) REPORTS (a) At a minimum, the Recipient shall provide the Division with quarterly reports, and with a close -out report. These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to such other information as requested by the Division. (b) Quarterly reports are due to be received by the Division no later than 30 days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close- out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31 (c) The close -out report is due 60 days after termination of this Agreement or upon completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies, prescribed above, are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take such other action as set forth in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. 5 Agenda Item No. 10E May 8, 2007 Page 8 of 38 (e) The Recipient shall provide such additional program updates or information as may be required by the Division. (8) MONITORING. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors, subrecipients and consultants who are paid from funds provided under this Agreement, to ensure that time schedules are met, the Budget and Scope of Work is accomplished within the specified time periods, and other performance goals stated in this Agreement are achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement, and reported in the quarterly report. In addition to reviews of audits conducted in accordance with OMB Circular A -133, as revised and Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above ), monitoring procedures may include, but not be limited to, on -site visits by Division staff, limited scope audits as defined by OMB Circular A -133, as revised, and /or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with all monitoring procedures /processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY. (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat. agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent acts or omissions or tortious acts which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by said 0 Agenda Item No. 10E May 8, 2007 Page 9 of 38 acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT. If any of the following events occur ( "Events of Default "), all obligations on the part of the Division to make any further payment of funds hereunder shall, if the Division so elects, terminate and the Division may, at its option, exercise any of its remedies set forth in Paragraph (11), but the Division may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) if any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Division shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in this Agreement or any previous agreement with the Division and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; (b) If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Division. (c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. (11) REMEDIES. Upon the happening of an Event of Default, then the Division may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure within said thirty (30) day period, exercise any one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail- return receipt requested, to the address set forth in Paragraph (13) herein; 7 Agenda Item No. 10E May 8, 2007 Page 10 of 38 (b) Commence an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Exercise any corrective or remedial actions, to include but not be limited to: 1. requesting additional information from the Recipient to determine the reasons for or the extent of non - compliance or lack of performance, 2. issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or 4. requiring the Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; (e) Require that the Recipient return to the Division any funds which were used for ineligible purposes under the program laws, rules and regulations governing the use of funds under this program; law; (f) Exercise any other rights or remedies which may be otherwise available under (g) The pursuit of any one of the above remedies shall not preclude the Division from pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the Division of any right or remedy 3ranted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Division hereunder, or affect the subsequent exercise of the same right or remedy by the Division for any further or subsequent default by the Recipient. (12) TERMINATION. (a) The Division may terminate this Agreement for cause upon thirty (30) days written notice. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (b) The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice. Agenda Item No. t0E May 8, 2007 Page 11 of 38 (c) The parties may agree to terminate this Agreement for their mutual convenience as evidenced b} written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the Recipient shall not be relieved of liability to the Division by virtue of any breach of Agreement by the Recipient. The Division may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set -off until such time as the exact amount of damages due the Division from the Recipient is determined. (13) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of the Division contract manager for this Agreement is: Jenene Helms Division of Emergency Management Bureau of Policy and Budget 2555 Shumard Oak Boulevard Tallahassee, FL 32399 -2100 Telephone: 850-413-9920 Fax: 850 - 488 -7842 Email: ienene. helm s(o)em.myflorida.com (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Dan Summers, EM Director Collier County 3301 East Tamiami Trail Naples, Florida 34112 Telephone: 239 - 774 -8000 Fax: 239-774-3602 Email: maryanncoletc7collieroov.net (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (13)(a) above. W Agenda Item No. 10E May 8, 2007 Page 12 of 38 (14) SUBCONTRACTS If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Division for review and approval prior to execution of the subcontract by the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Each subcontractor's progress in performing its work under this Agreement shall be documented in the quarterly report submitted by the Recipient. For each subcontract, the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat. (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A — Budget and Scope of Work Attachment B — Program Statutes and Regulations Attachment C — Justification of Advance Attachment D —Warranties and Representations (17) FUNDING /CONSIDERATION (a) This is a cost - reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $1,510,094 subject to the availability of funds. 10 Agenda Item No. 10E May 8, 2007 Page 13 of 38 (b) Any advance payment under this Agreement is subject to Section 216.181(16), Fla. Stat., and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment C. Attachment C will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. 1. X No advance payment is requested. 2. An advance payment of $ is requested. (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature, the Office of the Chief Financial Officer or the Office of Management and Budgeting, all obligations on the part of the Division to make any further payment of funds hereunder shall terminate, and the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from the Department. (18) REPAYMENTS All refunds or repayments to be made to the Division under this Agreement are to be made payable to the order of "Department of Community Affairs ", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399 -2100 In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Division for collection, Recipient shall pay to the Division an additional service fee of Fifteen Dollars ($15.00) or Five Percent (5 %) of the face amount of the returned check or draft, whichever is greater. (19) VENDOR PAYMENTS. Pursuant to Section 215.422, Fla. Stat., the Division shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Division 11 Agenda Item No. 10E May 8, 2007 Page 14 of 38 )aying interest at a rate as established pursuant to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 413 -5516. (20) STANDARD CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Division request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Division and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. an original. (d) The Agreement may be executed in any number of counterparts, any one of which may be taken as (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101 -336, 42 U.S.C. Section 12101 at se g. , if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, 12 Agenda Item No. 10E May 8, 2007 Page 15 of 38 or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. (h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 0) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (k) The Division of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. (I) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Department's obligation to pay the contract amount. (m) The State of Florida will not intentionally award publicly- funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ( "INA ")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. 13 Agenda Item No. 10E May 8, 2007 Page 16 of 38 (n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Stat. ) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All such meetings shall be publicly noticed, open to the public, and the minutes of all such meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Stat. (21) STATE LOBBYING PROHIBITION. No funds or other resources received from the Division in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (22) COPYRIGHT. PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient brings to the performance of this Agreement a pre- existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre- existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Division for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre- existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. 14 Agenda Item No. 10E May 8, 2007 Page 17 of 38 (23) PROPERTY MANAGEMENT. (a) Title to equipment acquired by a Recipient with State funds shall vest in the Recipient, subject to conditions of this section. The Recipient must continue the operation, maintenance, repair and administration of any equipment or other personal property purchased under this Agreement in accordance with the purposes for which the funds were originally appropriated and for the period of time expressly specified in the Agreement or, failing to do so, the Recipient must return to the Division the subgrant funds used to purchase the property. (b) The Recipient shall not use equipment acquired with State funds to provide services to non -State outside organizations for a fee that is less than private companies charge for equivalent services, unless specifically authorized by Florida statute, for as long as the State retains an interest in the equipment. (c) The Recipient shall use the equipment in the project or program for which it was acquired as long as needed, whether or not the project or program continues to be supported by State funds and shall not encumber the property without approval of the Division. When no longer needed for the original project or program, the Recipient shall use the equipment in connection with its other State - sponsored activities, in the following order of priority: (i) Activities sponsored by the Division, then (ii) activities sponsored by other State agencies. (d) During the time that equipment is used on the project or program for which it was acquired, the Recipient shall make it available for use on other projects or programs if such other use will not interfere with the work on the project or program for which the equipment was originally acquired. First preference for such other use shall be given to other projects or programs sponsored by the Division; second preference shall be given to projects or programs sponsored by other State agencies. If the equipment is owned by the State of Florida, use on other activities not sponsored by the State of Florida shall be permissible if authorized by the Division. User charges shall be treated as program income. (e) When acquiring replacement equipment, the Recipient may use the equipment to be replaced as trade -in or sell the equipment and use the proceeds to offset the costs of the replacement equipment subject to the approval of the Division. 15 Agenda Item No. 10E May 8, 2007 Page 18 of 38 (f) The Recipient's property management standards for equipment acquired with State and State -owned equipment shall include all of the following. (1) Equipment records shall be maintained accurately and shall include the following information. (i) A description of the equipment. (ii) Manufacturer's serial number, model number, Federal stock number, national stock number, or other identification number. (iii) Source of the equipment, including the award number. (iv) Whether title vests in the Recipient or the State of Florida. (v) Acquisition date (or date received, if the equipment was furnished by the State of Florida) and cost. (vi) Information from which one can calculate the percentage of State participation in the cost of the equipment (not applicable to equipment furnished by the State of Florida). (vii) Location and condition of the equipment and the date the information was reported. (viii) Unit acquisition cost. (ix) Ultimate disposition data, including date of disposal and s(ix) Ultimate disposition data, including date of disposal and sales price or the method used to determine current fair market value where a Recipient compensates the Division for its share. (2) Equipment owned by the State of Florida shall be identified to indicate State ownership. (3) A physical inventory of equipment shall be taken and the results reconciled with the equipment records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the accounting records shall be investigated to determine the causes of the difference. The Recipient shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. (4) A control system shall be in effect to insure adequate safeguards to prevent loss, damage, or theft of the equipment. Any loss, damage, or theft of equipment shall be investigated and fully documented; if the equipment was owned by the State of Florida, the Recipient shall promptly notify the Division. (5) Adequate maintenance procedures shall be implemented to keep the equipment in good condition. (6) Where the Recipient is authorized or required to sell the equipment, proper sales procedures shall be established which provide for competition to the extent practicable and result in the highest possible return. (g) When the Recipient no longer needs the equipment, the equipment may be used for other activities in accordance with the following standards. For equipment with a current per unit fair market value of $5000 or more, the NO Agenda Item No. 10E May 8, 2007 Page 19 of 38 Recipient may retain the equipment for other uses provided that compensation is made to the Division. The amount of compensation shall be computed by applying the percentage of State participation in the cost of the original project or program to the current fair market value of the equipment. If the Recipient has no need for the equipment, the Recipient shall request disposition instructions from the Division. The Division shall determine whether the equipment can be used to meet the Division's requirements. If no requirement exists within that agency, the availability of the equipment shall be reported to the Department of Management Services by the Division to determine whether a requirement for the equipment exists in other State agencies. The Division shall issue instructions to the Recipient no later than 120 calendar days after the Recipient's request and the following procedures shall govern. (1) If so instructed or if disposition instructions are not issued within 120 calendar days after the Recipient's request, the Recipient shall sell the equipment and reimburse the Federal awarding agency an amount computed by applying to the sales proceeds the percentage of Federal participation in the cost of the original project or program. However, the Recipient shall be permitted to deduct and retain from the State share $500 or ten percent of the proceeds, whichever is less, for the Recipient's selling and handling expenses. (2) If the Recipient is instructed to ship the equipment elsewhere, the Recipient shall be reimbursed by the State of Florida by an amount which is computed by applying the percentage of the Recipient's participation in the cost of the original project or program to the current fair market value of the equipment, plus any reasonable shipping or interim storage costs incurred. (3) If the Recipient is instructed to otherwise dispose of the equipment, the Recipient shall be reimbursed by the Division for such costs incurred in its disposition. (4) The Division may reserve the right to transfer the title to the State of Florida or to a third party named by the State when such third party is otherwise eligible under existing statutes. Such transfer shall be subject to the following standards. (i) The equipment shall be appropriately identified in the award or otherwise made known to the Recipient in writing. (ii) The Division shall issue disposition instructions within 120 calendar days after receipt of a final inventory. The final inventory shall list all equipment acquired with grant funds and federally -owned equipment. If the Division fails to issue disposition instructions within the 120 calendar day period, the Recipient shall apply the standards of this section, as appropriate. (iii) When the Division exercises its right to take title, the equipment shall be subject to the provisions for State -owned equipment. (24) LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or 17 Agenda Item No. 10E May 8, 2007 Page 20 of 38 )therwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. (25) ASSURANCES. The Recipient shall comply with any Statement of Assurances. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. Recipient: Collier County Board of County Commissioners Name and title: Jim Coletta, Chairman Date: May 8", , 2007 SAMAS # 07- EC- 33- 09- 21 -01- FID# 59- 60000558 ATTEST: Dwight E. Brock, Clerk (Deputy Clerk) Approved as to Form and Legal Sufficiency: Assistant County Attorney STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Bv: Name and Title: Date: IF Agenda Item No. 10E May 8, 2007 Page 21 of 38 EXHIBIT — 7 STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: NOTE: If the resources awarded to the recipient for matching represent more than one Federal Program provide the same information shown below for each Federal program and show total State resources awarded for matching Federal Program (list Federal agency. Catalog of Federal Domestic Assistance title and number) - amount SUBJECT TO SECTION 215.97, FLORIDA STATUTES: State Project State of Florida — Division of Emergency Management CSFA # 52.010 $1,510,094 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: List applicable compliance requirements as follows: 1. First applicable compliance requirement (e.g., what services/purposes resources must be used for). 2. Second applicable compliance requirement (e.g., eligibility requirements for recipients of the resources). 3. Etc. State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. NOTE: Instead of listing the specific compliance requirements as shown above, in the example, the language may state that the recipient must comply with a specific law(s), rule(s), or regulation(s) that pertains to how the awarded resources must be used or how eligibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. NOTE: Section .400(d) of OMB Circular A -133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 19 Agenda Item No. 10E May 8, 2007 Page 22 of 38 Attachment A Budget and Scope of Work SCOPE OF WORK A. The Recipient shall construct a County Emergency Operations Center (EOC). Use of grant funds shall be consistent with Section 1(1), Ch. 2006 -71, Laws of Florida. Grant funds shall not be used for land acquisition; purchase of equipment, furnishings, communications, or operational systems; or recurring expenditures. Eligible reimbursement costs include: Architectural and Engineering services and fees; site survey and soil testing; necessary permits and fees; civil and service utilities site work; construction of the building's substructure, superstructure, shell (exterior enclosure) and interior construction; special inspections; mechanical, plumbing, electrical, conveying and security systems; lightning protection; and redundant infrastructure systems (e.g., electric generator, uninterruptible power supply, potable water and wastewater systems, etc.). B. The Recipient shall in a timely manner prepare and submit a complete Hazard Mitigation Grant Program (HMGP) application, benefit -cost analysis, environmental review and such other documentation as necessary to determine eligibility and allowable costs under said grant program. C. The Recipient shall state in writing that for a period of not less than 15 years from the date of receipt of Certificate of Occupancy the EOC will be dedicated for emergency management purposes. The EOC shall remain demonstrably capable of being fully activated within one (1) hour of detection of an emergency; reference Rule Chapter 9G -6, Florida Administrative Code, "Emergency Management Capabilities Assessment Checklist." D. The EOC shall be constructed with sufficient space to house people and equipment for day -to -day and sustained ;ontinuous emergency operations, and capable of full staffing for the most extensive emergency anticipated. At a minimum, the designated EOC functional area(s), and essential shared -use area(s) if applicable, shall be designed for an emergency operations staff size of 130 persons per shift and a workspace floor area of 11.050 gross square feet. E. At a minimum, the EOC shall meet the hurricane hazard safety criteria established in Standards for Hurricane Evacuation Shelter Selection (ARC 4496). F. The EOC and essential ancillary structures and service equipment shall be designed to resist the effects of a major hurricane. The wind load design requirements shall be in accordance with the American Society of Civil Engineers (ASCE) Standard 7, Minimum Design Loads for Buildings and Other Structures. The minimum wind design criteria shall include: Design Wind Speed = 175 miles per hour (3 second gust) Wind Importance Factor, I= 1.00 Exposure Category = C Directionality Factor, Kd = 1.00 Internal Pressure Coefficient, GC, _ +/_ 0.18 All components and cladding assemblies necessary to maintain a structurally enclosed condition and prevent rainwater intrusion shall be designed to meet the wind design criteria. Structural metal decking and cladding materials shall be 22 gauge or thicker. Roof cover waterproofing barriers shall meet the wind design criteria. Loose roof ballast shall not be used on the roof cover. Rooftop equipment shall be designed and installed to meet the wind design criteria. G. The EOC and essential ancillary structures and service equipment shall resist penetration by windborne debris impact. At a minimum, all exterior enclosure components, claddings and assemblies (i.e., walls, roofs, louvers, windows, doors, etc.) located within 60 feet in height above finish grade shall meet the hurricane windborne debris impact criteria —_.specified in the Department of Energy's (DOE) Standard, Natural Phenomena Hazards Design and Evaluation Criteria, 20 Agenda Item No. 10E May 8, 2007 Page 23 of 38 DOE - STD - 1020 -2002. That is, the building enclosure must resist penetration by a nominal 2 "x4" lumber plank weighing 15 pounds propelled at 50 miles per hour (74 feet per second) striking end -on and normal to the assembly surface, or equivalent performance as approved by the Division. As applicable, impact test procedures shall be consistent with recognized state and national standards; such as, Test Standard for Determining Impact Resistance from Windborne Debris SSTD 12, American Society of Testing and Materials (ASTM) Standards ASTM E 1886 and ASTM E 1996, and Florida Building Code Testing Protocols TAS 201, TAS 202 and TAS 203. The impact test procedures may be modified as necessary to accommodate the required missile weight and velocity. H. The following information related to wind loads and flooding shall be shown on the construction drawings: 1. wind design per ASCE 7 with applicable year of revision; 2. design wind speed; 3. wind importance factor, 1, 4. design wind exposure category; 5. wind directionality, factor, Kd; 6. design internal pressure coefficient, GCpi; 7. design wind pressures in terms of pounds per square foot (psf) to be used for the design of exterior component and cladding materials not specifically designed by the principal licensed design professional; 8. windborne debris impact performance criteria; 9. finish floor elevation measured relative to the National Geodetic Vertical Datum (NGVD); and comparison reference of the finished floor elevation to the base flood elevation, or historical flood elevation if base flood elevation is not determined. I. The lowest floor for the EOC and essential ancillary structures and service equipment shall at a minimum be elevated above: Category 5 hurricane storm surge elevation plus 20 percent; the base flood elevation plus three (3) feet; the 500 -year (0.2 percent annual chance) flood elevation (if determined) plus two (2) feet; the highest recorded flood elevation plus three (3) feet if the area is not in a mapped special flood hazard area; whichever is greater. The site (point maximum, one square mile) hydrologic design shall ensure that the EOC and essential ancillary structures and service equipment are not flooded due to a 24 hour, 37.0 inch rainfall event applied over a precedent 24 hour, 100 -year rainfall event. J. Where secondary (emergency) roof drains or scuppers are required by the Florida Building Code — Plumbing, the secondary system shall be sized for a rainfall rate of eleven (11.0) inches per hour. K. The EOC shall be designated as a threshold building, and special structural inspections required. Special inspections shall be conducted in compliance with section 553.79, Florida Statutes and other applicable statutes, laws and rules. L. The EOC shall at a minimum be designed for 72 hours of self- contained continuous operation and shall not be solely reliant upon off -site services and utilities (e.g., water, natural gas fuel, electricity, etc.) M. Force protection and security measures shall be consistent with the guidance published in Florida's Homeland Security Comprehensive Assessment Model (HLSCAM), United States Air Force Installation Force Protection Guide, or other federal or state recognized best - practices guide(s) as approved by the Division. N. The Recipient shall provide an initial timeline and estimated reimbursement allocation schedule. Table SW -1, "Initial Timeline and Estimated Reimbursement Allocation Schedule" or other similar instrument as approved by the Division may be used. O. During design and construction phases of the EOC project, the Recipient shall track and provide construction cost data for the designated EOC area as detailed in Table SW -2, "Cost Data for County Emergency Operations Center." 21 Agenda Item No. 10E May 8, 2007 Page 24 of 38 PRODUCT ITEMS A. Per item I.N, Recipient shall prepare an initial timeline with key milestone activities /tasks schedule, including estimated start and end dates for each activity, and an estimate of state reimbursement request for each activity. Table SW -1 may be used to meet this product item. B. Per item I.C, Recipient shall submit a binding written statement that the EOC will be dedicated for a period of not less thanl5 years for emergency management purposes, and demonstrably capable of being fully activated within one (1) hour of detection of an emergency. C. The Recipient shall provide one (1) copy each of site survey, site master plan, spatial needs assessment, and schematic design plan or preliminary design drawings for review and comment by the Division. The spatial needs assessment and schematic design plan /preliminary design may be consolidated into one document. D. The Recipient shall provide one (1) set of substantially complete (approximately 70 percent) preliminary design construction drawings and specifications for the EOC and essential ancillary structures for review and comment by the Division. The construction drawings shall include site survey information, landscaping, civil, architectural, structural, mechanical, plumbing, and electrical drawings. E. The Recipient shall provide one (1) set of bid -ready construction drawings and specifications for the EOC and essential ancillary structures for review by the Division. The construction drawings shall include site survey information, landscaping, civil, architectural, structural, mechanical, plumbing, and electrical drawings and shall be certified by the applicable registered or licensed design professional(s) of record. F. The construction drawings shall demonstrate that the EOC will meet the hurricane hazard safety criteria of ARC 4496, and the wind load, windborne debris impact, flood and security design requirements set forth in items LE through I.M. Failure to supply the required documentation, or disapproval of this documentation by the Division, shall result in Jenial of funds. G. Per item 1.13, Recipient shall submit a complete HMGP application, benefit -cost analysis, environmental review and such other documentation as necessary to determine eligibility and cost allowances under said grant program. The Recipient shall also provide two cost estimates prepared by one or more certified construction contractors that document the cost of constructing the facility to meet current building code wind and flood design requirements, and the cost premium of constructing the facility to the above -code wind and flood requirements set forth in items LE through I.J. H. Per item 1.0, the Recipient shall provide final project cost data. Table SW -2 shall be used to meet this product item. 1. The Recipient shall provide the Division with copy(s) of pertinent construction permits, the threshold inspection final report, and the certificate of occupancy upon completion of the construction project. 22 Agenda Item No. 10E May 8, 2007 Page 25 of 38 SCHEDULE OF WORK A. By June 30, 2007, the Recipient shall provide the Division with Product Items A and B for review and approval. Failure to supply the required documentation, or disapproval of this documentation by the Division, shall result in denial of funds. B. By September 30, 2007 and at least on a quarterly basis thereafter, Recipient shall report on progress in relation to the initial timeline, and submit Product Items C through H in a timely manner as accomplished. The Division shall be provided 30 calendar days to review and provide comments of product items pertaining to compliance with the scope -of- work. The Recipient shall also submit invoices for reimbursement for work accomplished in accordance with the Division approved cost reimbursement allocation schedule referenced in Product Item A. C. By a mutually agreed upon date, the Recipient shall provide the Division with Product Item F for review and approval. Failure to supply the required documentation, or disapproval of this documentation by the Division, shall result in denial or reduction of funds at the sole discretion of the Division. D. By May 15, 2009, the Recipient shall provide final project cost estimate data as set forth in Table SW -2, certificate of occupancy, close -out documentation and final payment invoice. 23 Agenda Item No. 10E May 8, 2007 Page 26 of 38 Table SW -1. Initial Timeline and Estimated Reimbursement Allocation Schedule Table SWA. Initial Timeline and Estimated Reimbursement Allocation Schedule County Name: Collier PROJECT PHASE Start Date End Date DEM Funds Other Funds Board Contract 1115/07 4/24/07 0 0 Approval Initial Payment of N/A N/A 0 0 20% in first quarter A &E Firm Selection 6/15/03 Complete 0 $ 488,983 Site Survey and Soil 9/15/06 Complete 0 $ 112,703 Testing Spatial Needs 8/15/99 9/13/01 0 $ 44,870 Assessment Preliminary Design, 5/15/05 Complete 0 $ 1,370,017 70% complete Preliminary Design, 5/15/06 Complete 0 $ 730,033 100% complete Regulatory Review 6/15/06 Complete 0 $ 15,196 Bid Document(s) 10/15/06 4/24/07 0 0 Development & Award Notice to 4/24/07 On -going 0 0 'roceed /Mobilization Construction Project 4/24/07 On -going 0 $ 1,501,580 Management & Special Inspections Construction 25% 12/07 TBD $ 358,647 $15,089,110 Complete Construction 50% 4108 TBD $ 358,647 $15,089,110 Complete Construction 100% 12/08 TBD $ 717,295 $30,178,218 Complete Contingency 4/24 12/08 N/A $ 3,000,000 Administrative Fees; — $ 75,505 $ maximum of 5% Sub-Totals $1,510,094 TOTAL Estimated $67,619,820 Project Cost A &E - Architectural and Engineering; DEM — Division of Emergency Management; FY - Fiscal Year 24 Agenda Item No. 10E May 8, 2007 Page 27 of 38 Table SW -2. Cost Data for County Emergency Operations Center Table SW -2. Cost Data for County Emergency Operations Center County Name: Collier NO. System /Component Description Estimated Cost A. SUBSTRUCTURE 1010 Foundation Site Lay-out $ 48,444 1020 Slab -on -Grade 2010 Excavation Piles, Excavation, Testing $ 696,477 2020 Basement Walls 2030 Elevated Foundation B. SHELL (ENVELOPE) B10 Superstructure 1010 Floor Construction $ 2,062,854 1020 Roof Construction $ 3,197,918 1030 Structural Frame Columns, Beams, Joists, Frame $ 402,082 1040 Load-Bearing Wall Cast -in -place concrete 1 $ 6,457,855 B20 Exterior Enclosure 2010 Exterior Walls Sealer $ 200,000 2011 Veneer /Cladding Stucco, concrete $ 831,082 2012 Louvers 2020 Exterior Windows Aluminum, im act resistance, hardware $ 195,476 2030 Exterior Doors Metal, hardware, overhead $ 290,795 B30 Roofing 3010 Roof Coverings Membranes, Fireproofing $ 435,082 3020 Roof Openings 3021 Soffits C. INTERIORS 1010 Partitions Carpentry $ 352,819 1020 Interior Doors Hollow wood, other, hardware $ 162,500 1030 Fittings Insulation, moisture $ 584,403 2010 Stair Construction 3010 Wall Finishes Cabinets, drywall, tile, acoustical $ 868,965 3020 Floor Finishes Vinyl, rubber, carpet, raised floors $ 858,787 3030 Ceiling Finishes D. SERVICES D10 Conveying 1010 Elevators & Lifts Elevators $ 396,155 1020 Escalators & Walks D20 Plumbing 2010 Plumbing Fixtures Miscellaneous, Equipment $ 691,967 2020 Domestic Water Distribution 2021 Back -up Potable Water System 2040 Rainwater Drainage D30 HVAC 3010 Energy Supply 25 Agenda Item No. 10E May 8, 2007 Page 28 of 38 3020 Heating System 3030 Cooling System Incl. 3020, All $ 4,447,375 3050 Terminal & Package Units 3090 Other HVAC Sys. D40 Fire Protection 4010 Sprinkler Sys. Pumps, FM 200, testing $ 740,361 4020 Standpipe Sys. 4030 Other Sys. D50 Electrical 5010 Elec. Service & Distribution All $ 6,295,589 5020 Lighting & Branch Wiring 5030 Communications & Security 5090 Other Elec. Sys. 5091 Generator Sys. 2x 2,500 KW w /switch $ 2,500,000 5092 UPS Sys. 1092 E. EQUIPMENT & FURNISHINGS 1010 Commercial Equip. 1020 Institutional Equip. Appliances $ 83,436 1030 Vehicular Equip. 1090 Other Equip. Miscellaneous $ 11,309 1091 Audio/Video Equip. 1092 Special Telecom 1093, 1091 all $ 3,531,055 1 093 Information Tech. 1094 Geo. Info. Sys. F. SPECIAL CONSTRUCTION 1041 Generator Enclosure 1042 Comm. Tower 185 foot mono pole tower $ 262,885 1043 Helipad 1090 Other I Specialties $ 226,358 G. BUILDING SITEWORK 1010 Earthwork Lay out $ 48,444 1020 Roadway & Parking Curbs, paving $ 40,339 1030 Drainage & Flood Control 1040 Security Measures Fencing, other $ 468,245 1090 Other Sitework All $ 4,195,820 ►w.' Attachment B Program Statutes and Regulations Agenda Item No. 10E May 8, 2007 Page 29 of 38 1. Sections 215.555(7)(c) and 215.559, Florida Statutes 2. Chapter 252, Florida Statutes 3. Chapter 287, Florida Statutes 4. Chapter 119, Florida Statutes 5. Chapter 60A -1, Florida Administrative Code 6. Chapter 9G -19, Florida Administrative Code 27 Agenda Item No. 10E May 8, 2007 Page 30 of 38 Wachment C JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment is requested, budget data on which the request is based must be submitted. Any advance payment under this Agreement is subject to s. 216.181(16)(a) and (b), Florida Statutes. The amount which may be advanced shall not exceed the expected cash needs of the recipient within the initial three months. [ ] NO ADVANCE REQUESTED No advance payment is requested. Payment will be solely on a reimbursement basis. No additional information is required. ADVANCE REQUEST WORKSHEET [ ] ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following worksheet . First three months expenditures need only be provided for the years in which you requested an advance. If you do not have this information, call your consultant and they will assist you. MAXIMUM ADVANCE ALLOWED CALULATION: X S Cell D3 DEM Award (Do not include any match) REQUEST FOR WAIVER OF CALCULATED MAXIMUM ADVANCE MAXIMUM [ ] Recipient has no previous DEM contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. [ ] Recipient has exceptional circumstances that require an advance greater than the Maximum Advance calculated above. Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if needed. Kfl (A) (B) (C) (D) FFY 2002 FFY 2003 FFY 2004 Total DESCRIPTION 1 INITIAL CONTRACT ALLOCATION 2 FIRST THREE MONTHS CONTRACT EXPENDITURES' 3 AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS (Divide line 2 by line 1.) . First three months expenditures need only be provided for the years in which you requested an advance. If you do not have this information, call your consultant and they will assist you. MAXIMUM ADVANCE ALLOWED CALULATION: X S Cell D3 DEM Award (Do not include any match) REQUEST FOR WAIVER OF CALCULATED MAXIMUM ADVANCE MAXIMUM [ ] Recipient has no previous DEM contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. [ ] Recipient has exceptional circumstances that require an advance greater than the Maximum Advance calculated above. Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if needed. Kfl Agenda Item No. 10E May 8, 2007 Page 31 of 38 ESTIMATED EXPENSES BUDGET CATEGORY 2004 -2005 Anticipated Expenditures for First Three Months of Contract ADMINISTRATIVE COSTS (Include Secondary Administration.) PROGRAM EXPENSES TOTAL EXPENSES Explanation of Circumstances. 29 Agenda Item No. 10E May 8, 2007 Page 32 of 38 attachment D Warranties and Representations Financial Management Recipient's financial management system shall provide for the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify adequately the source and application of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall adequately safeguard all such assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures for determining the reasonableness, allocability and allowability of costs in accordance with the provisions of the applicable cost principles and the terms and conditions of this grant. (6) Accounting records, including cost accounting records that are supported by source documentation. Competition. All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free . ompetition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and /or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. Codes of conduct. The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the recipient. Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from 8:00am - 5:00om, Monday through Friday. 30 Agenda Item No. t0E May 8, 2007 Page 33 of 38 Licensing and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. 31 Agenda Item No. 10E May 8 e _ Pag a �4 3301 East Tamiami Trail • Naples, Florida 34112 - 4977 , ate, (239) 774 -8097 • Fax (239) 774 -3602 Donna Fiala District 1 Frank Hales District 2 February 27, 2007 Tom Henning District 3 Fred W. Coyle District 4 Florida Department of Community Affairs Jim Colette Division of Emergency Management District s Bureau of Preparedness and Response 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 Re: Acceptance of Emergency Operation Center (EOC) Construction and Improvement Initiative funding for Collier County Dear Mr. Fugate, Collier County is pleased to accept the award offering of $1,510,094 in General Revenue Funds and $1,639,225 in Hazard Mitigation Grant Program (HMGP) Funds towards the construction of a new EOC. Furthermore, Collier County understands that this funding is pursuant to Chapter 2006- 71, Laws of Florida, for the State Fiscal Year 2006 -2007 and dependent upon meeting the terms of a contract agreement and HMGP requirements. Additionally, we see no obstacles to the completion of our ROC project within the three (3) year contract period. The Collier County representative for administration of this Agreement is Mr. Dan Summers, Director, Collier County Bureau of Emergency Services. Sincerel Jai es Coletta, Jr. Chairman ATTrSN DbiIGKT.'E._R�n,K, C1 -EPK �ti O.0 . Ait°af"J Cl r "k1�7iN 9 5i�tat�rra an1� Agend ✓UO OL ��k:rnr�r' �Q�k'l�, wry 33301 East Tamiami Trail • Naples, Florida 34112 - 4977 (239) 774 -8097 • Fax (239) 774 -3602 July 25, 2006 Donna Fiala District 1 Florida Department of Community Affairs Frank Haias enc Management Division of Emergency District 2 g Y g Tom Henning Bureau of Preparedness and Response District 3 2555 Shumard Oak Boulevard Fred Coyle Tallahassee, Florida 32399 -2100 District ct 4 Jim Colette District s Re: Emergency Operation Center (EOC) Construction and Improvement Initiative i A L ��L`' Collier County hereby submits an application under the provisions of FIB 7121 towards the Statewide Competitive Grant Program to construct new county EOCs. Collier County's existing EOC is housed within the fast floor of the existing County Administration Building and is within 2.5 miles of the Gulf of Mexico, within a CAT 2 hurricane surge zone. This EOC facility has no space which is considered to be in compliance with State or Federal criteria. In effort to enhance Collier County's ability to protect the community, a new Emergency Services Complex, containing a state -of -the -art EOC, which meets or exceeds all State and Federal criteria, has been designed and is scheduled for a ground breaking in late 2006. In addition to providing a new county EOC facility, the Emergency Services Complex will contain Emergency Management Administrative Offices, a 911 Center, a Sheriff Substation, Emergency Medical Services Administration Offices and Warehouse, Classroom and Training areas, Information Technology back -up systems, and a Public Information/Media area and Studio. Currently complete funding for this project has not been identified. Although several other critical uses will be co- located at the same facility, the enclosed proposal addresses only the proposed EOC workspace and its associated construction costs. Additionally, Collier County certifies that the EOC will be dedicated for Emergency Management purposes for a period of not less than 15 years, and as provided in Rule Chapter 9G -6, Florida Administrative Code, verifies that the completed EOC will be capable of being fully activated within one hour of detection of an emergency. We are very excited about the potential this program offers Collier County's emergency preparedness efforts and appreciate the opportunity to receive funding for our planed EOC from this grant source. If you have any questions, please feel free to call Dan Summers, Director, Collier County Bureau of Emergency Service at (239) 774 -8000. Sincerely, Frank Halas Chairman Agenda Item No. 10E May 8, 2007 SM A F 38 & ASS0 CUTE S INCORPORATED ARCHITECTS o, PLANNERS AA. 0001427 July 7, 2006 Florida Department of Community Affairs Division of Emergency Management Bureau of Preparedness and Response 2555 Shumard Oak Boulevard Tallahassee, FL 32399 -2100 RE: Collier County Emergency Operations Center (EOC) The Emergency Operations Center, housed in the Emergency Services Complex planned by Collier County, meets and, in many cases, exceeds both the structural and siting criteria as described in "Guidelines for Hurricane Evacuating Shelter Selection" (ARC 4496, January 2002) published by the American Red Cross. All considerations and criteria, contained as auidelines in that publication, have been followed in the design of this Facility. In addition, operational work space requirements established in the Federal Emergency Management Agency's (FEMA) CPG 1 -20, dated. May 1984 (Emergency Operations Handbook) were followed and considered in the space planning and assignment of functional areas for the Collier County Emergency Operations Center, specifically the requirements contained in Appendix C (physical requirements) and Appendix D (space requirements), in accordance with present and projected Collier County population figures . Should there be any questions relating to this letter, please contact the writer at Scharf & Associates, Incorporated. Very truly yours, Scharf & Asso iates, Incorporated Marvin Scharf, AIA President 2205 /31 /mera4 (VcM.iWc Tm'�17ue • Suite 200 • Fort Lauderdale, Floricla 33309 954566 -2700 - Fax 954 -566 -2770 Agenda Item No. 10E May 8, 2007 Page 37 of 38 • The site is designed to be filled to so that the first floor elevation is +17.5 feet and all critical areas containing support infrastructure will be constructed at a floor elevation of +23 feet, which exceeds the requirements for DOE performance category 4, nominal storm surge elevation in feet (CAT 5 storm surge elevation +15 %). • A '/ inch per foot sloped concrete deck will be provided over the normal roof system to prevent roofing membranes from being dislodged and /or damaged at times of high hurricane winds wh' meets the requirements for DOE performance category 3, design wind speeds and DC performance category 3, windborne debris impart criteria. • The EOC area work space is designed at 17,255 square feet to accommodate the emergency staff to serve the projected Collier County population when the facility is completed and provide the capacity to handle the projected population growth for the next 2D years. • Large openings, such as overhead doors, meets /exceeds the requirements for DOE performance category 3, design wind speed and windborne debris impact criteria. Information provided by Jenkins & Charland, Inc., Consulting Structural Engineer: • The EOC structural system will be a structural concrete frame exceeds the requirements for DOE performance category 3, design wind speeds. • The exterior wall cladding is 8" thick architectural pre -cast concrete, meeting the requirements for DOE performance category 3, design wind speed and exceeding the requirements for DOE performance category 3, windborne debris impact criteria. Information provided by TLC Engineering for Architecture, Consulting MEP Engineer: • The communications tower for the project exceeds the requirements for DOE performance category 3 design wind speeds. • Exterior wall louvers, meets the requirements for DOE performance category 3, design wind speed and windbome debris impact criteria. • Emergency generators will consist of dual generators, to provide 100% back -up power to the entire facility. The generators will be protected by an enclosed structure and meets the requirements for DOE performance category 3, design wind speed and windborne debris impact criteria. 2714 Cr ML King Jr St N St Petersburg, FL 33704 Duplicate roof drainage system to provide sufficient drainage meeting the requirements for DOE 727- 8e54511 performance category 3, 1 -hour roof drainage in inches. v .HervardJolly com AA0000119 W.103D58 Collier Cc ESC \Gran) App Criteria NO LOGO Ltr7 -06- D6.doc July 6, 2006 Arohtleotura Florida Department of Community Affairs, Inlerlcr Design Division of Emergency Management Panning Programming RE: Collier County Emergency Operations Center (EOC) Lantlacape Program Managemant ARC4495, "Guidelines for Hurricane Evacuation Shelter Selection " - January 2002, discusses planning considerations for proper site selection, building structural issues, as well as storm surge and flood elevation elements for selection of hurricane shelters, all of which were reviewed and followed in the planning and BOARD OF DIRECTORS design of the Collier County EOC. In addition, the design criteria contained in the Department of Energy R. John Clees, AA standard "Natural Phenomena Hazards Design and Evaluation Criteria For Department of Energy Facilities" warrd JE.00bbleski, ward J. Ftlaolowskl, AIA DOE- STD - 1020 -2002 and the workspace requirements established in the Federal Emergency ( p q g y Michael K. Hart, AIA Management Agency, Emergency Operations Handbook (CPG 1 -20, dated May 1984) were utilized and William B, Harvard, Jr., AIA updated to account for code revisions, etc., in the design process. The planned Collier County EOC meets stave" M. Heiser, AIA or exceeds the requirements of those guidelines. Ronald N. Lang, AIA James A. Sh.han, ALA Blanchard E. Jcli , Emeritus Among the design elements are the following: Information provided by Scharf & Associates, Inc. & Harvard Jolly, Inc., Project Architects: • The site is designed to be filled to so that the first floor elevation is +17.5 feet and all critical areas containing support infrastructure will be constructed at a floor elevation of +23 feet, which exceeds the requirements for DOE performance category 4, nominal storm surge elevation in feet (CAT 5 storm surge elevation +15 %). • A '/ inch per foot sloped concrete deck will be provided over the normal roof system to prevent roofing membranes from being dislodged and /or damaged at times of high hurricane winds wh' meets the requirements for DOE performance category 3, design wind speeds and DC performance category 3, windborne debris impart criteria. • The EOC area work space is designed at 17,255 square feet to accommodate the emergency staff to serve the projected Collier County population when the facility is completed and provide the capacity to handle the projected population growth for the next 2D years. • Large openings, such as overhead doors, meets /exceeds the requirements for DOE performance category 3, design wind speed and windborne debris impact criteria. Information provided by Jenkins & Charland, Inc., Consulting Structural Engineer: • The EOC structural system will be a structural concrete frame exceeds the requirements for DOE performance category 3, design wind speeds. • The exterior wall cladding is 8" thick architectural pre -cast concrete, meeting the requirements for DOE performance category 3, design wind speed and exceeding the requirements for DOE performance category 3, windborne debris impact criteria. Information provided by TLC Engineering for Architecture, Consulting MEP Engineer: • The communications tower for the project exceeds the requirements for DOE performance category 3 design wind speeds. • Exterior wall louvers, meets the requirements for DOE performance category 3, design wind speed and windbome debris impact criteria. • Emergency generators will consist of dual generators, to provide 100% back -up power to the entire facility. The generators will be protected by an enclosed structure and meets the requirements for DOE performance category 3, design wind speed and windborne debris impact criteria. 2714 Cr ML King Jr St N St Petersburg, FL 33704 Duplicate roof drainage system to provide sufficient drainage meeting the requirements for DOE 727- 8e54511 performance category 3, 1 -hour roof drainage in inches. v .HervardJolly com AA0000119 W.103D58 Collier Cc ESC \Gran) App Criteria NO LOGO Ltr7 -06- D6.doc Agenda Item No. 10E May 8, 2007 Page 38 of 38 Information provided byTKW Consulting. Engineers, Inc. Consulting Civil Engineer: • General site drainage provided meets the requirements for DOE performance category 4, 24 -hour site rainfall in inches. • The site is located 10 miles from the coast, outside of the greatest storm surge areas, utilizing SLOSH maps, exceeding the requirements. • The Emergency Services Center (ESC) is located within Section 22, T 50 S, R 26E Collier County, Florida. More specifically, the site is located on a 20 acre parcel that also accommodates a Regional Library in addition to the Emergency Services Center. This parcel is situated in the Lely Resorts Planned Unit Development with access to County Rd 951 via Lely Cultural Blvd. The Emergency Operations Center spaces are within the building for the Emergency Services Center. • The 100 year — 3 day Base Flood Elevation determined for Basin A7 of the Lely Resorts PUD Master Storm Water Management Plan as established in the South Florida Water Management District permit is elevation 11_5 ft NGVD. The ground floor of the Complex is elevated with embankment material to elevation 17.5 NGVD (6 feet above the base flood elevation), the EOC spaces are located two floors above this area. The ground floor accommodates vehicle and non essential storage. The ground floor elevation exceeds the recommended flood elevation for DOE performance category 4. • The DOE performance category 4, 24 hour rainfall of 48.5 inches can be accommodated on the 20 acre parcel with an estimated flood elevation of 16.1 NGVD, This estimate assumes there is no discharge of any rainfall runoff off the site, or any offsite runoff onto the site. The proposed site ,... ground floor elevation of 17.5 NGVD exceeds the DOE performance category 4, 24 hour rainfall. • The DOE performance category 4 storm surge at the EOC site is elevation 22.3 It NGVD. While this elevation exceeds the ground floor elevation, the actual first floor elevation is one story above the ground floor or elevation 39_5 ft The ESC building is fully operational and above the DOE performance category 4 storm surge elevation of 22.3 ft NGVD. •. The site utilities for water and wastewater are designed with several emergency back -up provisions. The wastewater discharge from the ESC building is conveyed to an on site lift station. This lift station is provided with 1500 gallons of additional wastewater storage over the standard lift station design and is pumped by force main directly to Collier County master pump stations. These master pump stations are equipped with standby emergency generators to allow for continuous operation in the event of power outage to pump directly to the wastewater treatment plant The onsite lift station is directly wired to the ESC emergency generator. A potable water well and pump is provided onsite to allow for water supply in emergency conditions in the event the county water supply becomes unavailable. The water well pump is also wired directly to the ESC on site emergency generator. Please contact the undersigned should there be any questions regarding the information provided herein. Sincerely, HARVARD JOLLY, INC. I At Cordova, Architect Project Manager Cc: HJ file, Jim von Rinteln, Marvin Scharf, Brett Sands, Mike Fried, Dan Johnson WM3056 Collier CO ESC \Grant App Cd+ ne NO LOGO Ltr Y- 06 -M6. Agenda Item No. 10F May 8, 2007 Page 1 of 17 EXECUTIVE SUMMARY Recommendation to approve a Developers Contribution Agreement with 1M Collier Joint Venture (Developer) and Collier County (County) to design, permit and construct roadway and intersection improvements at the intersection of Collier Blvd. and Immokalee Road (Project). OBJECTIVE: To obtain BCC approval of the Developer Contribution Agreement attached to this Executive Summary for the Developer to assume the full financial responsibility to design, permit and construct intersection improvements and roadway improvements on Collier Blvd. and Immokalee Road. CONSIDERATIONS: The County is in the process of improving the intersection of Immokalee Road and Collier Boulevard in phases through three separate contractors. The intersection is constrained by the canal and the lack of right of way to the North. The County recently approved a Developer Agreement for the additional right of way on the Northeast corner of the intersection. The Developer is the owner of the Mirasol PUD which has an approved traffic reservation for 799 units through AR 47623. The Mirasol project will expire in the traffic reservation system this year and the PUD is also approaching the sunsetting provision. The Developer is working diligently to secure all permits. The Developer proposes to continue to reserve its traffic capacity by prepaying 50% of the roadway impact fees, in commitments and /or fee to assume the responsibility to construct roadway improvements as described and shown on Exhibit "A" and as a County option on Exhibit `B ". The Developer would assume all responsibility to design, permit, construct and provide CEI to the proposed improvements. The Developer would further agree to assume the financial responsibility for the costs above the engineer's estimate and receive impact fee credits for the actual costs, not to exceed the engineer's estimate. The County has received the scope of the project and the engineer's estimate and has found it consistent with the current plans and prices. Transportation staff will continue to work with the adjacent projects to acquire right of way and improvements in phases to improve the intersection and the future extension of CR -951. The attached exhibits show the proposed improvements in phases. Staff recommends approval of this agreement to improve the northeast corner of the intersection and have the developer assume the projects construction and financial responsibility. Agenda Item No. 10F May 8, 2007 Page 2 of 17 FISCAL IMPACT: The design, permitting and construction costs (estimated at $3,210,096) for this project are being provided for by the Developer, in exchange for impact fee credits. The County would receive the benefit of a fixed contract price and a reduction in impact fee credits if the Project's actual cost is less than the engineer's estimate. GROWTH MANAGEMENT IMPACT: The improvement of this intersection is consistent with the GMP and is consistent with the MPO's Long Range Transportation needs plan. That the BCC approve the Developer Contribution Agreement to fund the road project. Prepared By: Nick Casalanguida, Transportation Planning Director Attachments: 1) Developer DCA; 2) Exhibit A; 3) Exhibit B; 4) Exhibit C; 5) Locus Map; 6) Impact Fee Ledger; 7) At Grade Concept Plan; 8) SPUI Concept Plan Page 1 of 1 Agenda Item No 1 O May 8, 2007 Page 3 of 17 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 10F Item Summary: Recommendation to approve a Developers Contribution Agreement with IM Collier Joint Venture (Developer) and Collier County (County) to design permit and construct roadway and intersection improvements at the Intersection of Collier Blvd. and Immokelso Road. (Project) (Norman Feder, Administrator, Transportation SeMCes) This item Is a companion to Item BC. Meeting Date: 5/012007 9 00.00 AM Prepared By Nick Casalanguida IDirector Date Transportation Services Transportation Planning 4123120075: 12: 04 PM Approved By Nick Casalanguida IDirector Data Transportation Services Transportation Planning V12120078:12 AM Approved By Nam E. Feder, AICP Transportation Division Administrator Data Transportation Services Transportation Services Admin. 4124/2007 10:45 AM Approved By Sharon Newman Accounting SuPOrvisor Data Transportation Services Transportation Services Admin 4124120079: 24 PM Approved By Pat Lehohard Executive Secretary Date Transportation Services Transportation Services Admin 4125200710: 24 AM Approved By OMB C.mall rlor Administrative Assistant Date - -- County Managers Office Office of Management 8 Budget 4126120077:45 AM Approved By Carolina Voters Urban Design Planner Data Chinn ry Development 8 Zoning 8 Land Development Review 412612007 11:54 AM Environmental Services Approved By Mark Isackson Butlget Analyst Date County Managers Office Office of Management 8 Budget 5111200712:33 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Managers Office 511120073: 57 PM file 'III ' \ApendaTPCAFxnOrt \A7- Mavo/90R - /90711110 0/.7 NATTVO /hOTA A N A RAAO /lrl 519nou", LL E \ < 7 �)jt ® CO Sian LU CL . ��I \. \ F- cn ) � c LL ) 0 0 k « 0 ox R z $ Ecn $ d \ \ §X \ \ � 0 .j \ § d) �/. §�E /rL § ()§ \ 2 320 G 0 zi f E , f uj \ / IL c _ %2 / �\ o oc c ¢ �2 0 2 (§ � : . 2 c o /. LU§ w \z \ � .. _ƒ E#% A =� � a §& «ot � §[F XX§ ] � sw -z! ui % §( e!E Lu 00' M)\ *° I m ral g / \ _ b \� \ D o! £ CO §& w CO W 0 _ e ji \ \ o§ 0 0 CL U J � , s M » (@U'(]A-113 N31-1-100 / \ 0 � LL Cl }/ ago m m 2 IL O ! -a u m CC 0 » Q y \ : §« 2 � , ate / �kg�.! \' E g4§ § ( § Y = o I \ \. c 9m /2q 3 §G ui i2§ a LLJ kE m §\ \ \ \� / / z )2 ° §/' - Cl) Ee , �;4- © a. § ) i§ \ 02 CL0 § 6§ $ � « \� ( | : j « ] \ a { -» m,» E D NVvpkLLm: A 39V 3H _ ^ ` co - Lu u ) 2R■ /I. � o nLL/ w L a \� E/§ r� § o 0 o =)M @K k/§ Agen ENGINEERS ESTIMATE - IMMOKALEE RD & COLLIER BLVD INTERSECTION (PRASE 1- EAST LEGI EXHIBIT C - TASK A MIRASOL- COLLIERCOUNTY 4&9=0] QTY Ueif Ilan DeKEPtift _ _ _ r fATlODRWI f1WDMNT - ++ft .� iJ1�I.4 '..CI011�LAfE 1- 1 1A MOBILUAMN f 32SAW.W f 225AW.IN I IS PROVIDE /MAINTAIN'A59NLI -PLANS E IS,fLMIX E 15AW.W I U LS PROVIDE CDNSI'RUCTIOIV SURVEYING ANDIAYOIJI _ IPSERVATbNCFSURVEYMSCHEDUIE f 35AW.W _ S 3S,000.W I I LS PRWIENANCEGE TRA01ER5C11EWLE MAINTENANCE OFEIUAL C 6 5EWX0 f liSA37M 4 2500.0] I LS 4 L2_5D_1W W CY COMMERCIAL MATERAL RTIf DRIVEWAY MAINTENANCE -� _ - -- W MH VARIA&.EMER71I SIGN 12) bS10dYr. n..A VARIABLE ES ACElN (2 $ MM 4 201M S 2$00.00 N] ED f 9600.W M ED ____ BALED HwYORSTMW 4 101p f 210.00 2G0 LF _ F BIER $ 450 f IAf)DM {pQ IF AIUA SILT SOAKED SILT FENCE (TYPE III) 4 OW 4 J1wM EA _ ___ f 0110 4 160IL I I LS CY CLEARIACS _ CLEARING EXCAVA CI NG (INCLIIDE$ROIXREAj- TERING) $ 45A00M S ILM 45$00$0 16AW _ $ f 310AWA0 Isw CY CT EXCAVATION (ROADWAY /DETEMION nREAI EXCAVA N(ROADWA EXCAVATION SUC:IXL - - -- - -� � �� 6 1000 $ - -;300 $ I6wDW 500 $ LAW.W 4A2$ SY TYPE 052AMIIT2.1nON ry.B0.10)I1T1 - f_ 400 $ 16AW.6n IX3 5Y DM2FUL %fLWi1W1161- YAINWAY lt9A tF) - ~f 1500 f UAY5M 3A70 SY MILLING IONALIBASEGROUP9i f II AO S RATIAO _]OZIA SY MILLINiiCKIYNCASPrPHALTICCOE (LI!YAVC DEPTH) _ _ f IOW t{b] SY _ 1112 THICK TTPL SIII ASPHALII CCOVCRFfE- PATHWAY:ISOJ LF) � L � �16b]11.W "An. W TN SUPERPAVE A51'HwLTK NNCa -tETE rtRAFFl(: OI(J.5.1 f 10000 1 L=.w S :I S _ U. Ibl l TN Alm $ ul�(LW 5A TN 511FERFAVE AS F C]tElk I:RAFNC DI (OVERBNLDI AL`lIC2.5 N0TI $ SM 3 $ 6],312.00 24 TN MISC. ASPF CONC AVEME MISC. ASPH CONC PAVEMEM - 138w 5 118.W $ 11312.W ID CY CIASSICCNJCAETE.RETwWING WALL _. 9nmw 42 CY _ ____ __ CLASSRCUNC 3 II E__ 33600.00 _ _3_X_0 LB rETEIBO%CULVIRT) REINFORCINGSTEEL (D]X CULV[0.T) i15 :,15 $ 3{dl.t0 2 EA _ INLETS (PtiI ,tOi _f_ 3 5$W.DI E I:IN_O.W F. OI3CH BOTIOMINLEIS(FYPl D)1�101 _ - -.. _ .. 5 55_W.W _ 5. ...... .16"M _._..J _. 50 IF _ _. DE') INCLUDES CONCRETE COLLAR5;2) PIFEROONL __. 6 LASS) f 45(O.W Ohl LF L1II PIPE CI'TIONAL (29'1 S I{SW $- 17gW.W 1 EA SfITERED END SECTION, ROUND (2r) - $ - Z)5p.IN $ 2)silm 2_.3._L'_ _LP CONCRETECURBANDGUI ERRYFEF $ 14.M $_ 32662.W Rai 4 _ ___ ]RAF SEPARAtt1R ICONCRE SE)(TYPL R': (G'WIDC) _ $ 35.W _ $ 29,935.W IS) SY PAVERS, AR=Frt RAL 6 RO.W $ 36AW.W 3j29 TN RIPRwP D1TOI LINING fINCLUCGS GEQlE1FIILF FA9RIC1 $ 9V.W 8 2W610.W ]20 LE GUARDRAIL fi20nDWnY) 6 h1W E_ I4,IW.W 1 EA __ __ _____ _ END ANCIi(MUGF Ay£MBLY -�� f ?AO0.W ...E - LALM.W 14,W0 SV SODDING I6AHIAl(IUC1udc Wikr. F¢rti4iar, MOwuy,) f 250 3 )SAWS) G71!-0YI- ROADWAY IDEA- Ago F'AS{�ST$keiMYI1GB S:G KING AND PAYFMfNL MRK NCS lODp1.W GRGORY II- MGNWW 4 PAVEMENT MARIGIXGS TOTAL f IOAW00 1S LIGHTNG $ 20AW.W I! 20AW.W GTEGORY III • 11GNlING TOTAL f WE(SM 11 TN FIT3lNG5 Gl(Fkl)IRESTRAINED pIM1 (INCIUDFS'ALIO YFEVF$W /GInN[51 $__ 9,IMO.W $ NO IF %PEFVC(F )I)RESTRINEDIOIJNT)('CL25D) - $ _ N01A1 f _99_"01, f _ _ W_IADLO - s 26AW{0 IS) LF PIPE WCjFk DfRESTRAINED OIN _�� �- 1 ]1;12 -PK2W1 2S) EF % PEPVCSEIMLY/AiRMLEA01MATE'PRE01 LQM f Ia.W f 204MM 1 EA VALVE I.SSEAIBLT /.VR RELEASE (WATER' __ VALVE AESEMBLY /AIR RELEASE_IRCW) - - _ 6 SAb [0 f___5.D M f 20IgDL0 f 20A_M000 G EA G FA _. _ VALVE AY£n1ELY /AIR RELEASE (SEWER) f S,pA.W f 20CW[0 GAMGCFYIV- IITIUTIMTOTAL 6 N3== TOTAL CONSTRUCTION EXHIBIT A S 2,121,294.01) TOTAL DESIGN EXHIBIT A 5 19LMXD TOTAL CEI EXHIBIT A f 2601)0!1$0 TOTAL PROJECT COST EXHIBIT A $ 2,571734.013 la Item No. 1 O May 8, 2007 Page 6 of 17 Agenda litem May Pag ENGINEERS ESTIMATE - D AMOKALEE RD ✓k COLLIER BLVD INTERSECTION (PHASE 7 - EAST LEG) EXHIBIT C - TASK B MIRASOL - COLLIER COUNTY 4T2V20D7 QTY Unit Itrm De Fiptiw . .. CATEGORY I. ROADWAY - 11$BLPm= 1 IS MO &LSATTON $ MA00.00 $ 40,000.00 1 LS PROVIDE /MAINTAIN'AS BUILT PLANS $ 5,00.00 S S.W0.00 1 IS PROVIDECONSTRUC IONSURVEYTNG AND LAYOLTT $ 15A00.D S 15,000.00 I LS MAINTENANCE OF TRAFFIC S 40,00-00 S wAw.0 IAN LP STAKEDSILTFENCEMnilO $ ISO S 83.3 40 EA ROCK BAGS $ 4.00 S 160.00 I LS CLEARING AND GRABBING 5(_0_,00.00 5 _ 10,00.00 616 SY PAVEMENT REMOVAL OF EXISTING CONCRETE $ 20,0 S 12,3ID.00 N CY EXCAVATIONIROADWAY) 5 10,0 $ W0.0D 730 CY EMBANKMENT $ mm S 14,600.00 1243 SY TYPE B STABIL ZATION (LBR Q) (12 -) S 4.0 S 4,971.00 NO SY BASEPPIIONAL(BASE GROUT' 9) S 21.00 S 18AM.00 3,900 SY MILLING EXISTING ASPHALT PAVEMENT (] -1 /T AVG DEPTH) S 350 $ 13,650.00 170 IN SUPERPAVE ASPHALTIC. CONCRETE (TRAFFIC D) (3.5) S IOOAO S 17AM.00 574 TN FRICTION COURSE (FC-12.5) (INCL RUBBER) (1.5-1 $ WIDO S 45,92(1.00 215 TN SUPERPAVE ASPHALTIC CONCRETE (TRAFFIC D) (OVERBUILD) $ 120.001 S 25,800.00 25 IN MISC. ASPH. CONC. PAVEMENT $ 138XD S _ 3,50.00 N CY CLASS I CONCRETE- RETAINING WALL(GRAV'ITV WALL) $ 450.00 S_ 1353.3 2 IS IAR-ET ADJUSTMENT !RELOCATE SI, S3) S 3300.N $ 7,03,3 12 LF PUEOPTIONAL(18j MCLUDE5CONCT nCOLLARS(2) S 130.00 S 15&1.00 2AN LF CONCRETE CURB AND GL1TT'ER (TIME F) S 14,0D $ 3.3A3.3 270 SY PAVERS, ARCIITEC LUTAL $ 80.00 S 21,600.00 730 LF _ GUA RAM (ROADWAY) S _00D 1 EA END ANCHORAGE ASSEMBLY $ 1$00.00 $ 15m.3 3,33 sw SODDING(BA11A)(Irclude WaW, Feotiii r. Mowin4 S 250 $ 8250.3 CATEGORY I- ROADWAY TOTAL S 369562.3 CATBOORYE -BK NINIGAMDPAVGSDRYARKA111 - 0.12 MI 51C G ANT) PAVEMENT MARKINGS is dOA00A0 g 4,30.00 CATEGORY II- SIGNING & PAVEMENT MARKINGS TOTAL S 4,80000 CATCOORY'N -LI INTING `. .. 1 IS LIGHTING $ B4O00.3 S 8A3.N CATEGORY AN - LIGHTING TOTAL $ 8.000.3 i - GlT60T114YN�CiEJiRB ': ; ;', 55 iN HTTINGSM (F&D(RF,STRAINEDIOIMi(BNCLlRJF SO0 SLEEVESW /GLANDS) $ 9,000-00 S 4950(L3 IN LF PIPE DI IF A 1) (RESTRAINED JOINT)(36 "CL250) $ a00A0 S 4IIW.N IN LF PIPE PVC (P & 1) (RESTRAINED JOINT) 112' PR200) $ 130,0 $ 13,3.3 100 IF PIPE PVC (F& 1) (RESTRAINED JOINn (16- PPAO) S 140.3 S 14,3.3 2 EA VALVE ASSEMBLY /AIR RELEASE (WATER) $ 5,00.3 S 10100.3 2 EA VALVE ASSEMBLY /AIR RELEASE(RCW) S 5,OOM S_ 10,3.3 2 EA VALVE ASSEMBLY /AIR RELEASE (SEWER) S 5,00.3 S 10,3.0 CATEGORY N. 13TILITIES TOTAL $ 146,500.0 TOTAL CONSTRUCTION EXHIBIT B S 528,862-00 TOTAL DESIGN EXHIBIT B $ 50,00.00 TOTAL CEI EXHIBIT B S 61,00.00 TOTAL PROJECT COST EXHIBIT B S 638,862.00 TOTAL PROJECT COST EXHIBIT A & B S 3,2100%.00 Jo. 10F 3, 2007 7of17 1.0 ' v � i tff ESTATE PRI A5 Locus Map M1RASOL:. Agenda Item No.�C� May 8, ZUTAI Page 8 of 7 �x k 7' y Zt u Uj . .. L O r w 2 H AY WbOD' O/E " RICHLANx MY j�T ry F O L W-YS Agenda Item No. 10F May 8, 2007 Page 9 of 17 MIRASOL DEVELOPMENT lBeginning Balance $3,210,096.00 DATE PERMIT # CREDIT AMT BALANCE COMMENTS Beginning Balance $3,210,096.00 Available Q N .009 , 00/ ti a J y I 1 1 I 1 I J Q Z Q U � � 1 I W I Q O � W c- I I i I I I I I LL 00 0 i z�o �1 Emo J — al � p LLJ V 9 I i ; a ff0,, �V I I Q N .009 , 00/ ti a J y I 1 1 I 1 I J Q Z Q U � � 1 I W I Q O � W c- I I i I I I I I oo� �oo a J a a ul V W V H a 0 o EII II II i II II II I `:II II II I II II1 II 11 I II II I �II II II I1 ll ��I If II III li II III +l +P Itit III III II I! III III pli Rol II II I II II I II +I +li titlt I 111 II II li I II II I 14' II I I II i I I (I 1 I I II rr I Agenda Item No. 10F May S, 2007 Page 12 of 17 DEVELOPER AGREEMENT MIRASOL THIS DEVELOPER AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into this _ of May, 2007, by and between IM Collier Joint Venture, a Florida Venture, with an address at 6704 Lone Oak Blvd., Naples, FL 34109 (hereinafter referred to as "Developer "), and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "County "). All capitalized terms not defined herein shall have the same meaning as set forth in the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001 -13, as amended. RECITALS: WHEREAS, Developer is the owner of approximately 1,558 acres of land located on the north side of Irmnokalee Road immediately west of Collier Blvd. in Collier County, Florida, known as the Mirasol PUD, more particularly described in Ordinance No. 2001 -20; (hereinafter referred to as the "Development "); and WHEREAS, as set forth in the PUD, it is expected that the Development will at build -out contain 799 residential units; and WHEREAS, County wishes certain improvements be made to its transportation system as set forth in Exhibit A, and as an option, certain improvements set forth in Exhibit B, with engineer's costs estimates for each set forth in Exhibit C; and WHEREAS, Developer, because of existing construction agreements and relationships, believes that it can design, permit, and construct these two projects at a lower costs than that set forth in Exhibit C: and WHEREAS, as detailed below, in exchange for vesting of its project for transportation concurrency purposes, and in exchange for impact fee credits in the lesser of the sum of the engineer's cost estimates or actual project costs, as set forth below, Developer is willing to design, permit, construct and provide a CEI acceptable to Collier County for the improvement project described in Exhibit A, and, if County exercises its option, for the project set forth in B as well; and WHEREAS, County is willing to grant Developer concurrency rights for this Development in order to accelerate the needed improvements to this intersection; and WHEREAS, the Transportation Administrator has recommended to the Board of County Commissioners for approval of this Agreement, which will help finance needed improvements and additions to the County's transportation network; and WHEREAS, after reasoned consideration by the Board of Commissioners, the Board finds and reaffirms that this Agreement will help finance needed improvements and additions to the County's transportation system; that this Agreement, when viewed in conjunction with other existing or proposed plans, including those from other developers, will not adversely impact the Agenda Item No. 10F May 8, 2007 Page 13 of 17 cash flow or liquidity of the County's road impact fee trust accounts in such a way as to frustrate or interfere with other planned or ongoing growth- necessitated capital improvements and additions to the County's transportation system; and that this Agreement is consistent with both the public interest and with the comprehensive plan, including the most recently adopted five - year capital improvement program for the County's transportation system, the Long Range Transportation Plan and complies with the requirements of the Collier County Consolidated Impact Fee Ordinance. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. Within 30 days from the date this Agreement is approved by the Board of County Commissioners, Developer will commence to design, permit, construct and provide a CEI acceptable to County for certain improvements identified in Exhibit A. Developer shall be responsible for all costs associated with this project. All necessary right -of -way will be provided by County. The project must commence no later than February 1, 2008, and must be completed no later than March 31, 2009, except that both dates may be reasonably extended by Developer if such delay is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, insurrections and/or any other cause beyond the reasonable control of the Developer. 3. By written notice dated no later than August 17, 2007, County may exercise its option for Developer to design, permit, construct and provide a CEI acceptable to County for certain improvements identified in Exhibit B. If exercised, Developer shall be responsible for all costs associated with this project. All necessary right -of -way will be provided by County. This project must also commence no later than February 1, 2008, and must be completed no later than March 31, 2009, except that both dates may be reasonably extended by Developer if such delay is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, insurrections and/or any other cause beyond the reasonable control of the Developer. 4. For a period of nine months, commencing with the date first above written, Developer may permanently reserve roadway capacity for up to 799 residential units, at any mix of single family units and multi - family units chosen by Developer. To exercise this right, Developer shall prepay to County one -half (1/2) of the County's estimated Road Impact Fees for the Development less the estimated costs for the improvements. If the estimated costs of the project(s) exceed the actual costs of the project(s), Developer shall pay County the difference between the two within 30 days of providing County with a reconciled statement as set forth below. Upon payment of these fees, Developer shall receive a Certificate of Adequate Public Facilities ( "Certificate ") vesting the Developer's Project to construct up to 799 residential units solely for the purposes of meeting the County's Transportation Concurrency requirements, and Page 2 of 6 Agenda Item No. 10F May 8, 2007 Page 14 of 17 unless specifically required by law, the County shall not thereafter withhold the issuance of any Certificate of Occupancy based on the County Transportation Concurrency requirements. Final calculation of the remaining road and other impact fees due will be based on the impact fee schedule in effect at the time of the issuance of building permits for such units. Payment of these fees vests the Development entitlements for which the Certificate applies on a continuous basis for three (3) years unless otherwise relinquished. This initial 50 percent impact fee payment is non - refundable after payment and receipt of the Certificate. 5. Not later than 90 days prior to the expiration of the three -year period for the Certificate, the County shall notify Developer via registered mail of the remaining balance due for the estimated transportation impact fees up to 50 percent (50 %), based on level of building permits already issued. The balance of the impact fecs due will be calculated at the rate schedule then currently applicable. The Developer may elect to pay the balance of the estimated transportation impact fees for the entitlements for which the Certificate applies or modify the Certificate to a lesser entitlement and calculate the balance of the transportation impact fees on the revised entitlements. The Certificate shall be modified to include only the entitlements for which the estimated transportation impact fees are paid. Once the balance of the estimated transportation impact fees are paid, those estimated fees are non - refundable. The Certificate runs continuously with the land in perpetuity after all estimated transportation impact fees have been paid. As building permits are drawn down on the entitlements, the estimated transportation impact fees already paid shall be debited at the rate of the impact fees in effect at the time of utilization. If the estimated transportation impact fee account becomes depleted, the Developer shall pay the currently applicable transportation impact fee for each building permit in full prior to its issuance. In the event that upon build - out of the Development estimated transportation impact fees are still unspent, the remaining balance of such estimated fees may be transferred to another approved project within the same, or adjacent transportation impact fee district, provided any vested entitlements associated with the unspent and transferred transportation impact fees are relinquished and the Certificate is modified to delete those entitlements. 6. It is understood and agreed that one of the foundations of this Agreement is Developer's belief that it can complete these projects at a cost less than the estimates set forth in Exhibit C. Developer is therefore willing to bear all risks that its costs will exceed that set forth in the estimates, and will receive no adjustment whatsoever from the County should the costs be higher. At the completion of the project(s), Developer shall provide County with a reconciled statement of the actual costs Developer incurred in designing, permitting, constructing and providing a CEI for the project(s), and shall be entitled to impact fee credits for these actual costs, not to exceed the engineer's estimates set forth in Exhibit C. 7. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 8. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. Upon giving written notice to the County, Developer may assign all or part of the Road Impact Fee Credits, utilizing the County's then current form of assignment, to successor owners of all of part of the Page 3 of 6 Agenda Item No. 10F May 8, 2007 Page 15 of 17 Development, or as otherwise provided for in the Collier County Consolidated Impact Fee Ordinance. 9. Developer acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the applicant or owner, or its successors or assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. 10. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. 11. Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the parties hereto or by their successors in interest. All notices and other communications required or permitted hereunder (including County's option) shall be in writing and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service, and addressed as follows: To County Harmon Turner Building Naples, Florida 34112 Attn: Norman E. Feder, A.LC.P. Transportation Division Administrator Phone: (239) 774 -8872 Facsimile: (239) 774 -9370 To Developer: IM Collier Joint Venture 6704 Lone Oak Boulevard Naples, Florida 34109 Phone: (239) 596 -9067 Facsimile: (239) 598 -2245 Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. 12. Developer shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. Developer shall pay all costs of recording this Agreement. The County shall provide a copy of the recorded document to the Developer upon request. 13. In the event of a dispute under this Agreement, the parties shall first use the County's then- current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for the enforcement of this Agreement. 14. An annual review and audit of performance under this Agreement shall be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Agreement and to report the credit applied toward payment of Page 4 of 6 Agenda Item No. 10F May 8, 2007 Page 16 of 17 road impact fees and the balance of available unused credit. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, the Agreement may be revoked or unilaterally modified by the County. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page 5 of 6 Agenda Item No, 10F May 8, 2007 Page 17 of 17 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: DWIGHT E. BROCK, Clerk M Deputy Clerk AS TO DEVELOPER: Signed, sealed and delivered in the presence of Signature Printed Name Signature Printed Name STATE OF FLORIDA COUNTY OF COLLIER BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, Chairman IM Collier Joint Venture a Florida Venture By: Mirasol Development, L.L.C_; a Florida limited liability company Its Managing Venturer By: CCMS Development L.L.C.; a Florida limited liability company Its Managing Member By: Robert Claussen, Managing Member The foregoing instrument was acknowledged before me this day of ' 2007, by Robert Claussen, as Managing Member of IM Collier Joint Venture, who is personally known to me or has produced as identification. Jeffry A. Klikow Managing As Cant County Attorney Notary Public Print Name: My Commission Expires: Page 6 of 6 Agenda Item No. 16A1 May 8, 2007 Page 1 of 5 EXECUTIVE SUMMARY To accept final and unconditional conveyance of the water facility for The School District Administrative Center OBJECTIVE: The Board of County Commissioners, Ex- Officio the Governing Board of the Collier County Water -Sewer District, to accept final and unconditional conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of The School District Administrative Center has constructed the water facility within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was waived. Project has been in service since 2002. Bacteriological testing passed in April 2002 clearing the project for service. 3) The value of this utility facility (assets) was $14,354 (see attachment[s]). Final Acceptance is in accordance with Ordinance 2004 -31, as amended. 4) Staff has recorded all preliminary acceptance documents in the Public Records of Collier County, which have been reviewed and approved by the County Attorney's office as to form and legal sufficiency. 5) The water facility has been operated and maintained by the Collier County Water - Sewer District during, not less than, the required one (1) year warranty period. 6) A final inspection to discover defects in materials and workmanship has been conducted by the Engineering Services Department staff and this facility has been found to be satisfactory and acceptable. 7) The water utility infrastructure connected beyond the master meter is owned and maintained by the owner. FISCAL IMPACT: Approval of this Executive Summary will have no specific financial impact. However, approval of this Executive Summary will result in the Collier County Water -Sewer District receiving unconditional title to the utility facility, which at the time of preliminary acceptance, had a total (undepreciated) value of $14,354. GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no growth management impact. LEGAL CONSIDERATIONS: No additional legal review from the County Attorney was required to complete this final acceptance. Agenda Item No. 16A1 May 8, 2007 Page 2 of 5 RECOMMENDATION: That the Board of County Commissioners, Ex- Officio the Governing Board of the Collier County Water -Sewer District, to accept final and unconditional conveyance of the water facility for The School District Administrative Center, and authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) to the Project Engineer or the Developer's designated agent. PREPARED BY: Jodi Pannullo, Engineering Technician Page 1 of 1 Agenda Item No. 16A1 May 8, 2007 Page 3 of 5 file ' 11C ' \AgendaTett \F.xxrt \R2- Mav %2f1R 4n20201i7\16 e �20IX1NSFNTo /20AGFN11A \1 rA 5/7M007 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS - Item Number: 16A1 Item Summary: Recommendation to approve Mal acceptance of the water utility facility for The School District Administrative Center. Meeting Date: 51812007 200.00 AM Prepared By Jodi Pannullo Administrative Assistant Data Community Development & CUES Engineering Services 4161200710:32'08 AM Environmental Services Approved By Pamela Libby Water Operations Manager Data Public Utilities Water 416120010: 18 AM Approved By Thomas E. Kuck P.E. ODES Engineering Services Director Data Community Development & CDES Engineering Services 4161200711: 25 AM Environmental Services Approved By Judy Pog Operations Analyst Data Community Development8 Command, Development 8 Environmental Services Eimommeenlal Services Admin. 419(200710'S) AM Approved By Paul Mottaascb Water Director Data Public Utilities Water 4110!200712: 23 PM Approved By Marlene Stewart Eveo@ive Secretary Dale ,i Community Development 6 Community Development8 Environments] Services Environmental Services Admin. 41171200 1o:43AM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Poole Utilities Public Utilities Engineering 411920073 -14 PM Approved By Community Development & Joseph K. Sal l[! Environmental Services Admin luesir Data Community Development Community Development8 Environmental onental Services Environmental Services Admin. 41221 200 3:25 PM Approved By OMB Cim d'mator Administrative Assistant Date County Managers Office Office of Management & Budget 4/2512007 0:55 AM Approved By Mark larromn Budget Analyst Date County Manager's Office Office of Management 6 Budget 412612007 5:42 PM Approved By James V. Mudd County Manager Date Board of County County Manager s Office 4130120010: 34 AM Commissioners file ' 11C ' \AgendaTett \F.xxrt \R2- Mav %2f1R 4n20201i7\16 e �20IX1NSFNTo /20AGFN11A \1 rA 5/7M007 \\\ Jt{ §2� a _- . I.. ) }0!/ _ ` o \o N \ j / • ®- © Ra \_ § & } � ; , &3| _- . I.. � « � LU G � « � 2 g F- 0 � ) 3 [ J / \ 6 ) }0!/ _ ` / • ®- © Ra ) 2 § & ; , &3| � « � LU G � « � 2 g F- 0 � ) 3 [ J / \ 6 Agenda Item No. 16A1 May 8, 2007 Page 5 of 5 CERTIFICATION OF CONTRIBUTORY ASSETS. . PAGE 1 OF I PROJECT NAME; ADMINISTRATIVE CENTER LOCATION: 5485 BARRON COLLIER BLVD, , NAPLES, FLORIDA COUNTY PUBLIC SCHOOLS, FACILITIES PLANNING AND VD., NAPLES, FLORIDA 34109 uam.m .n,..er.0 ran.smwsrw nii�nxR.w�e. r TYPE OF UTILITY SYSTEM: POTABLE WATER DESCRIPTION AND COST OF MATERIAL LABOR ANDIERVIQU ITEM SIZE OTY UNIT COST TOTAL TAPPING SLEEVE }6 "X 12' 1 EA 5;774.00 5; e'74.00 GATE VALVE 12 ". 1 EA 3.834.00 9834.00 45 DEG. MJ BENDS WIMEGALUGS: 12 "' - 7 EA 319 00 2,23300 MJ SLEEVE 12 "' 1 EA 283,00 - 283.00 PVC 0900 DR 14 BLUE PIPE. 12" 51 LF :5.00 915.00 - REDUCER 12" X 8' 1 FA 39500 395.00 DUCTILE IRON PIPE CL50 F X PE a" 10 LF 25.00 -. 250.00 F X F 45 DEG BEND 8" 1 EA 295.00 295.00 O. S. 8 Y. VALVE all 1.. EA. 375.00 375.00 TOTAL AMOUNT S 14,354:00 uam.m .n,..er.0 ran.smwsrw nii�nxR.w�e. Agenda Item No. 16A2 May 8, 2007 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Quail West Phase III, Unit Four ". The roadway and drainage improvements will be privately maintained. OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Quail West Phase III, Unit Four" CONSIDERATIONS: 1. On July 30, 2004, the Board of County Commissioners granted preliminary acceptance of the roadway and drainage improvements in "Quail West Phase 111, Unit Four ". 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. Agenda Item No. 16A2 May 8, 2007 Page 2 of 5 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway and drainage improvements in "Quail West Phase III, Unit Four" and release the maintenance security. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department �\ \ }£ } � w w G � q � 2 0 F- u 0 —i § » � . (_ � w w G � q � 2 0 F- u 0 —i § _- j! `/ -- --- � \ _ nH LIVNGS ,~ � w w G � q � 2 0 F- u 0 —i § Agenda Item No. 16A2 May 8, 2007 Page 4 of 5 RESOLUTION NO.07- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN QUAIL WEST PHASE III, UNIT FOUR, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 37, PAGES 73 THROUGH 76; 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 QUAIL WEST FOUNDATION, INC. WHEREAS, the Board of County Commissioners of Collier County, Florida, on November 27, 2001 approved the plat of Quail West Phase BI, Unit Four for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04-41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering Services Section of the Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Quail West Phase III, Unit Four, pursuant to the plat thereof recorded in Plat Book 37, pages 73 through 76, 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 Quail West Foundation, Inc. This Resolution adopted after motion, second and majority vote favoring same, this day of , 2007. DATE: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By: Deputy Clerk JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: Jeff E. rig it Assis14 Collier County Attorney Page I of 1 Agenda Item No. 16A2 May 8, 2007 Page 5 of 5 file :OC: \AaendATest\Exnort \82 -Mav %.208. %202007 \16. ° / 2000NSFN'P /.20AGENDA \16A.... 5/2/2007 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 15A2 Item Summary : This item requires that ex parse disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be swom in Recommendation to grant final approval of the roadway (private) and drainage Improvements for the final plat of Cwail West Phase III. Unit Four the roadway and dranage Improvements will be pnvately maintained. Meeting Date: 51812007 9'.00'.00 AM Prepared By John Rouldsworth Senior Engineer Data Community Development & Engineering Services 411012007 10: 46.14 AM Environmental Services Approved By Thomas E. Huck, P.E. CDES Engineering Services Director Date Community Development S CUES Engineering Services 411112007 1:05 PM Environmental Services Approved By Madan Stewart Executive Secretary Date Community Development& Community Development& Environmental Sooners Environmental Services Admin. 411712007 10:59 AM Approved By Judy Puig Operations Analyst Date Community Development& Community Development& Environmental Services Environmental Services Admin. 411]1200] 1:1] PM Approved By Jeff Wright Assistant county Attorney Date County Attorney County Amaral Office 411912007 8:04 AM Approved By Community Development & Joseph K Schmitt Environmental Services Administrator Date Community Development 8 Community Development Environmental Services Environmental Services Admin. 412212007 3.26 PM Approved By OMB Coordinator Administrative A,,oant Date County Managers Office Office of Management & Budget 41252007 9:56 AM Approved By Mark lsackson Budget Analyst Date County Managers Office Office of Management a Budget 412612007 5:47 Per Approved By James V. Mudd County Manager Data Board of County County Manager s Office 412812007 10: 46 AM Commissioners file :OC: \AaendATest\Exnort \82 -Mav %.208. %202007 \16. ° / 2000NSFN'P /.20AGENDA \16A.... 5/2/2007 Agenda Item No. 16A3 May 8, 2007 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Quail West Phase III, Unit Six ". The roadway and drainage improvements will be privately maintained. OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Quail West Phase III, Unit Six" CONSIDERATIONS: 1. On February 2, 2005, the Board of County Commissioners granted preliminary acceptance of the roadway and drainage improvements in "Quail West Phase III, Unit Six ". 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. Agenda Item No. 16A3 May 8, 2007 Page 2 of 5 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway and drainage improvements in "Quail West Phase III, Unit Six" and release the maintenance security. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department 'Op\ } � |! A w � co | B CL « � 2 O � U 0 � § K we- : %. § ; , A w � co | B CL « � 2 O � U 0 � § K Agenda Item No. 16A3 May 8, 2007 Page 4 of 5 RESOLUTION NO. 07- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN QUAIL WEST PHASE III, UNIT SIX, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 40, PAGES 6 THROUGH 11; 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 QUAIL WEST FOUNDATION, INC. WHEREAS, the Board of County Commissioners of Collier County, Florida, on June 24, 2003 approved the plat of Quail West Phase III, Unit Six for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04 -41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering Services Section of the Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Quail West Phase III, Unit Six , pursuant to the plat thereof recorded in Plat Book 40, pages 6 through 11, 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 Quail West Foundation, Inc. This Resolution adopted after motion, second and majority vote favoring same, this day of , 2007. DATE: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK UM , Deputy Clerk JAMES COLETTA, CHAIRMAN Approved as to form and legal suffic' cy: Jeff A. tvri-dit Assis nt Collier County Attorney Page t of 1 Agenda Item No. 16A3 May 8, 2007 Page 5 of 5 file: / /C:\AaendaTest \Eavort\82 -Mav %208.% 202007 \16.d /e20C0NSENT%20AGENDA \16A__ 5/22007 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1EA3 { Item Summary: Thia item requires that as 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 Quell West Phase III, Unit Six The roadway and drainage Improvements will be privately maintained. Meeting Date: 5 /812007 9.00.00 AM Prepared By John Houldsw0rth Senior Engineer Data Community Development & Environmental Services Engineering Services 41121200710:50:31 AM Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Data Community Development & CDES Engineering Services 41121200911: 35 AM Environmental Services Approved By Marlene Stewart Executive Socreto, Date Community Development& Community Development& Environmental Services Environmental Services Admin. 40712007 11: 08 AM Approved By Judy pule Operations Analyst Data Community Development& Community Development& Environmental Services Environmental Services Admin. 4117120071: 19 PM Approved By Jeff Wright Assistant County Attorney Dale County Attorney County Attorney Office 411912007 8:06 AM Approved By Commerce, Development & Joseph K. Seams Date Environmental Services Administrator Community Development& Community Development& Environmental Services Environmental Services Admin. 4122120073:27 PM Approved By OMB Coordinator Administrative Assistant Data County Manager's Office Office of Management & Budget 412512007 9:58 AM Approved By Mark lsaekson Budget Analyst Date County Managers Office Office of Management & Budget 412812007 9'.17 AM Approved By James V. Mudd County Manager Data Board of County Commissioners County Managers Office V281200710:48 AM file: / /C:\AaendaTest \Eavort\82 -Mav %208.% 202007 \16.d /e20C0NSENT%20AGENDA \16A__ 5/22007 Agenda Item No. 16A4 May 8, 2007 Page 1 of 19 EXECUTIVE SUMMARY Recommendation to approve the Release and Satisfaction of Code Enforcement Liens for payment received. To approve execution and recording of the Release and Satisfaction of the listed Liens, acknowledging compliance and recovery of fines and fees related to prosecution of Code Enforcement matters. CONSIDERATIONS: Reference Owner of Record Lien Amount 2913 Neurology Physicians Bldg. & Land, LLC $470.00 OSM 2005090021 William & Irene Scherer $155.00 OSM 2005070817 William & Irene Scherer $55.00 OSM 2005020109 William & Irene Scherer $1,250.00 OSM 2005110021 William & Irene Scherer $55.00 OSM 2005110026 William & Irene Scherer $55.00 OSM 2005110025 William & Irene Scherer $55.00 OSM 2005060335 Peggy H. Taylor $255.00 2003 -396 Lorraine Patton $33,678.35 94-336 Lorraine Patton $2,323.71 2004 -269 Joseph Faccone $327.57 OSM 2005120270 JALP, LLC $360.00 OSM 2005080194 Ralph Abercia $255.00 OSM 2005080195 Ralph Abercia $255.00 2002 -201 Harold & Thelma Thomas $298.30 OSM 2005090411 Baton Rouge, LLC $305.00 TOTAL $40,152.93 Agenda Item No. 16A4 May 8, 2007 Page 2 of 19 FISCAL IMPACT: The only expense incurred by the County is the cost of recording the Releases and Satisfactions, which is to be approximately $10.00 per release, totaling $160.00. Funds are budgeted and available in the current fiscal year in the Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and has no outstanding legal considerations. RECOMMENDATION: That the Board of County Commissioners approve the Release and Satisfaction of Code Enforcement Liens. PREPARED BY: Shirley M. Garcia, Administrative Secretary— Code Enforcement Page 1 of I Agenda Item No, 16A4 May 8, 2007 Page 3 of 19 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ». Item Number 16A4 Item Summary: Recommendation to approve the Release and Satisfaction of Code Enforcement Liens for payment received. Meeting Date: 51812007 g. 00.00 AM Approved By Michelle Edwards Arnold Code Enforcement Director Date Community Development & Environmental Services Code Enforcement 41241200712:25 PM Approved By Marlene Stewart Executive Secretary Data Community Development& Community Development& Environmental Services Environmental Services Admin. 4125120071:34 PM Approved By Judy PUig Operations Analyst Dale Community Development& Community Development& Environmental Services Environmental Services Admin. 412512007 2:46 PM Approved By Community Development & Joseph K. Scholl, Environmental Services Atlministrator Date Community Development& Community Development& Efennumental Services Environmental Services Admin. 412912007/ AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Brother 412712007 9:11 AM Approved By .�.. Murk traction Budget Analyst Date County Managers Office Office of Management & Budget 4126/2007 9:20 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Managers Office 4128120079: 56 AM file: / /C:\ApendaTest \Export\82- Mav %a208.n/ 202007\ t 6 %2000NS ENT % 20AGENDA\ 16A. -. 522007 Agenda Item No. 16A4 May 8, 2007 Page 4 of 19 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213 -2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Office of the Special Master Order dated January 19, 2007, a certified copy of which was recorded on January 25, 2007, in O.R. Book 4174, Page(s) 0019, of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Neurology Physicians Building & Land, LLC, has been discharged in full. Lots 7 and 8, Block B, EASTGATE SUBDIVISION, Collier County Florida Folio No. 30480280009 Cost: $470.00 Reference: #2913 The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned Neurology Physicians Building & Land, LLC, and consents to this lien being discharged of record. Dated this day of , 2007. ATTEST: DWIGHT E. BROCK, Clerk M , Deputy Clerk Approved as to form and legal sufficiency: OA4� Je E. frrijjt Asst t t County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA M JAMES COLETTA, CHAIRMAN Agenda Item No. 16A4 May 8, 2007 Page 5 of 19 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239)213.2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated March 2, 2007, a certified copy of which was recorded on March 6, 2007, in O.R. Book 4192, Pages 3818 -19, of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by William and Irene Scherer, has been discharged in full: 118 Fairways Circle (Palm River Estates Unit 2, Lot 784) Naples, Florida Folio No. 65271880007 Cost: $155 Reference: Case No: OSM 2005090021 The undersigned is authorized to and does hereby release this lien as to the whole of the above- described real property, and all other real and personal property owned by William and Irene Scherer, and consents to this lien being discharged of record. Dated this day of ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legal sufficiency: Jeff �7right Assi t County Attorney 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN Agenda Item No. 16A4 May S, 2007 Page 6 of 19 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213 -2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated March 2, 2007, a certified copy of which was recorded on March 6, 2007, in O.R. Book 4192, Pages 3808 -09, of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by William and Irene Scherer, has been discharged in full: 523 97h Avenue North (Naples Park Unit 6, Block 35, Lots 19 & 20) Naples, Florida Folio No. 62831720005 Cost: $55 Reference: Case No: OSM 2005070817 The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned by William and Irene Scherer, and consents to this lien being discharged of record. Dated this day of ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk Approved as to form and legal sufficiency: Jef E. ght Asst t t County Attorney 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN Agenda Item No. 16A4 May 8, 2007 Page 7 of 19 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213 -2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated March 2, 2007, a certified copy of which was recorded on March 6, 2007, in O.R. Book 4192, Pages 3810 -11, of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by William and Irene Scherer, has been discharged in full: 3608 Tamiami Trail East (South Tamiami Heights Block A, Lots 8 and 9) Naples, Florida Folio No. 74410241003 Cost: $1,250 Reference: Case No: OSM 2005020109 The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned by William and Irene Scherer, and consents to this lien being discharged of record. Dated this day of ATTEST: DWIGHT E. BROCK, Clerk M , Deputy Clerk Approved as to form and legal sufficiency: a Jef E. t ri Ass s ant County Attorney 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA go JAMES COLETTA, CHAIRMAN Agenda Item No. 16A4 May 8, 2007 Page 8 of 19 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239)213.2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated March 2, 2007, a certified copy of which was recorded on March 6, 2007, in O.R. Book 4192, Pages 3816 -17, of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by William and Irene Scherer, has been discharged in full: 3608 Tamiami Trail East (South Tamiami Heights Block A, Lot 12) Naples, Florida Folio No. 74410360007 Cost: $55 Reference: Case No: OSM 2005110021 The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned by William and Irene Scherer, and consents to this lien being discharged of record. Dated this day of ATTEST: DWIGHT E. BROCK, Clerk go Deputy Clerk Approved as to form and legal sufficiency: Jeff E. JWright Asst ant County Attorney 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN Agenda Item No. 16A4 May 8, 2007 Page 9 of 19 This instmment prepared by: Jeff E. Wnght Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213 -2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated March 2, 2007, a certified copy of which was recorded on March 6, 2007, in O.R. Book 4192, Pages 3812 -13, of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by William and Irene Scherer, has been discharged in full: 3608 Tamiami Trail East (South Tamiami Heights Block A, Lots 16, 17 and 18) Naples, Florida Folio No. 74410400006 Cost: $55 Reference: Case No: OSM 2005110026 The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned by William and Irene Scherer, and consents to this lien being discharged of record. Dated this day of ATTEST: DWIGHT E. BROCK, Clerk M , Deputy Clerk Approved as to form and legal sufficiency: Jeff ri<�It AssisV County Attorney 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA IN JAMES COLETTA, CHAIRMAN Agenda Item No. 16A4 May 8, 2007 Page 10 of 19 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213 -2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated March 2, 2007, a certified copy of which was recorded on March 6, 2007, in O.R. Book 4192, Pages 3814 -15, of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by William and Irene Scherer, has been discharged in full: 3608 Tamiami Trail East (South Tamiami Heights Block A, Lots 13, 14 and 15) Naples, Florida Folio No. 74410400006 Cost: $55 Reference: Case No: OSM 2005110025 The undersigned is authorized to and does hereby release this lien as to the whole of the above- described real property, and all other real and personal property owned by William and Irene Scherer, and consents to this lien being discharged of record. Dated this day of ATTEST: DWIGHT E. BROCK, Clerk In , Deputy Clerk Approved as to form and legal sufficiency: Jeff ri t Assi t County Attorney 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 0 JAMES COLETTA, CHAIRMAN Agenda Item No. 16A4 May 8, 2007 Page 11 of 19 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213 -2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated January 19, 2007, a certified copy of which was recorded on January 25, 2007 in O.R. Book 4171 Page(s) 0005 -0006 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Peggy H. Taylor, has been discharged in full. Folio No. 51690320000 Cost: $255.00 Reference: 2005060335 The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned by Peggy H. Taylor, and consents to this lien being discharged of record. Dated this day of ATTEST: DWIGHT E. BROCK, Clerk M , Deputy Clerk Approved as to form and legal sufficiency: N eff . WH=-ht �ssittant County Attorney 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA M JAMES COLETTA, CHAIRMAN Agenda Item No. 16A4 May 8, 2007 Page 12 of 19 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213 -2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of Resolution No. 2003 -396 of the Collier County Board of County Commissioners dated November 18, 2003, a certified copy of which was recorded on December 12, 2003 in O.R. Book 3462, Page 1629 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Lorraine Patton and Nicole M. Ellison, has been discharged in full. Lorraine Patton Nicole M. Ellison 228 Singletary Street Copeland, FL 34137 Folio No. 01134801802 Cost: $33,678.35 Reference: Resolution No. 2003 -396 The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned by Lorraine Patton and Nicole M. Ellison, and consents to this lien being discharged of record. Dated this day of , 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: Deputy Clerk JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: a""� je�Fq right As ' lant County .Attorney Agenda Item No. 16A4 May 8, 2007 Page 13 of 19 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213 -2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of Resolution No. 94 -336 of the Collier County Board of County Commissioners dated May 10, 1994, a certified copy of which was recorded on June 9, 1994 in O.R. Book 001955, Pages 002227 -228 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Lorraine Patton, has been discharged in full. Lorraine Patton 228 Singletary Street Copeland, FL 34137 Folio No. 01134801802 Cost: $2,323.71 Reference: Resolution No. 94 -336 The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned by Lorraine Patton, and consents to this lien being discharged of record. Dated this day of ATTEST: DWIGHT E. BROCK, Clerk C , Deputy Clerk Approved as to form and legal sufficiency: til, Je E W 'ght As i ant County Attorney 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA M JAMES COLETTA, CHAIRMAN Agenda Item No. 16A4 May 8, 2007 Page 14 of 19 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213 -2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of Resolution No. 2004 -269 of the Collier County Board of County Commissioners dated September 21, 2004, a certified copy of which was recorded on October 15, 2004 in O.R. Book 3661, Page 1190 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Joseph Faccone, has been discharged in full: Joseph Faccone 5265 28d' Place SW Golden Gate City Unit 7, Block 243, Lot 15 Folio No. 36441680008 Cost: $327.57 Reference: 2534 / Resolution No. 2004 -269 The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned by Joseph Faccone, and consents to this lien being discharged of record. Dated this day of ATTEST: DWIGHT E. BROCK, Clerk 0 , Deputy Clerk Approved as to form and legal- Nufficiency: Je f E. Wr t As st t County Attorney 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN Agenda Item No. 16A4 May 8, 2007 Page 15 of 19 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213 -2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated January 5, 2007, a certified copy of which was recorded on March 6, 2007 in O.R. Book 4192, Pages 3689 -90 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by JALP, LLC, has been discharged in full. 5234 Martin Street Naples Manor Addition, Block 4, Lot 9 Folio No. 62092120004 Cost: $360.00 Reference: OSM Case No. 2005120270 The undersigned is authorized to and does hereby release this lien as to the whole of the above- described real property, and all other real and personal property owned by JALP, LLC, and consents to this lien being discharged of record. Dated this day of ATTEST: DWIGHT E. BROCK, Clerk La Deputy Clerk Approved as to form and legal sufficiency: T County Attorney 2007. BOARD OF COUNTY COMMIE COLLIER COUNTY, FLORIDA ME JAMES COLETTA, CHAIiZMAN Agenda Item No. 16A4 May 8, 2007 Page 16 of 19 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213 -2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated January 5, 2007, a certified copy of which was recorded on March 6, 2007 in O.R. Book 4192, Page 3673 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Ralph Abercia, has been discharged in full: Folio No. 00298120501 (no address available; 16.19 acres north of Magnolia Pond Drive and west of Collier Blvd.) Cost: $255.00 Reference: OSM Case No. 2005080194 The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned by Ralph Abercia, and consents to this lien being discharged of record. Dated this day of ATTEST: DWIGHT E. BROCK, Clerk Un Deputy Clerk Approved as to form and legal sufficiency: A�'� Je E fight As 's ant County Attorney 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN Agenda Item No. 16A4 May 8, 2007 Page 17 of 19 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213 -2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated January 5, 2007, a certified copy of which was recorded on March 6, 2007 in O.R. Book 4192, Page 3671 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Ralph Abercia, has been discharged in full: Folio No. 00296520006 (no address available; 44.34 acres north of I -75 and west of Collier Blvd.) Cost: $255.00 Reference: OSM Case No. 2005080195 The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned by Ralph Abercia, and consents to this lien being discharged of record. Dated this day of ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk Approved as to form and legal sufficiency: Jef E. ght As ' t County Attorney 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 0 JAMES COLETTA, CHAIRMAN Agenda Item No. 16A4 May 8, 2007 Page 18 of 19 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213 -2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated January 5, 2007, a certified copy of which was recorded on March 6, 2007 in O.R. Book 4192 Page(s) 3685 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Baton Rouge, LLC, has been discharged in full: Folio No. 36319840006 Cost: $305.00 Reference: 2847 / OSM Case No. 2005090411 The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned by Baton Rouge, LLC, and consents to this lien being discharged of record. Dated this I day of ATTEST: DWIGHT E. BROCK, Clerk to , Deputy Clerk Approved as to form and legal sufficiency: Jeff 'riot Assis t County Attorney 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 0 JAMES COLETTA, CHAIRMAN Agenda Item No. 16A4 May 8, 2007 Page 19 of 19 This instrument prepared by: -- Jeff E. Wright, Assistant County Attorney 2800 North Horseshoe Drive, #301 Naples, FL 34104 (239) 213 -2939 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 2002 -201 against: Harold J. and Thelma M. Thomas Golden Gate Unit 5 Block 156 lot 6 Naples, FI The lien was recorded on May 14, 2002, Official Record Book 3036 Page(s) 1514, of the Public Records of Collier County, State of Florida. The lien secures the principal sum of Two Hundred Fifty -five Dollars, plus accrued interest, and imposes certain obligations against real property situated in Collier County, Florida, which property is described as follows: Lot 6 Block 156 Unit 5 Part - Golden Gate / Folio: 36233640007 Cost: 298.30 Reference: #2088 /Resolution 2002 -201 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment received from Alien Paz, the current property owner, as full satisfaction of the lien and hereby cancels said 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 on this day of 2007. ATTEST DWIGHT E. BROCK, Clerk ,Deputy Clerk Ap ved as to form and legal sufficiency (rh_:J� Je ri t As ' tant County Attorney sU BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, Chairman Agenda Item No. 16A5 May 8, 2007 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to approve final acceptance of the water and sewer utility facilities for VeronaWalk Town Homes, Phase One OBJECTIVE: The Board of County Commissioners, Ex- Officio the Governing Board of the Collier County Water -Sewer District, to accept final and unconditional conveyance of these water and /or sewer facilities. CONSIDERATIONS: 1) The Developer of VeronaWalk Town Homes Phase One, has constructed the water and sewer facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance of these utility facilities was approved by the Engineering Services Department staff on March 1, 2005. At that time, the value of these utility facilities (assets) was $96,527.50 for the water facilities and $198,839.50 for the sewer facilities (see attachment[s]). This final acceptance is in accordance with Collier County Ordinance No. 2004 -31, as amended. 3) Staff recorded all preliminary acceptance documents in the public records of Collier County, which have been reviewed and approved by the County Attorney's office as to form and legal sufficiency. 4) The water and sewer facilities have been operated and maintained by the Collier County Water -Sewer District during, not less than, the required one (1) year warranty period. 5) A final inspection to discover defects in materials and workmanship has been conducted by the Engineering Services Department staff, and these facilities have been found to be satisfactory and acceptable. FISCAL IMPACT: Approval of this Executive Summary will have no specific financial impact. However, approval of this Executive Summary will result in the Collier County Water -Sewer District receiving unconditional title to the utility facilities, which at the time of preliminary acceptance, had a total (undepreciated) value of $295,367.00. GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no growth management impact. LEGAL CONSIDERATIONS: No additional legal review from the County Attorney is required to complete this final acceptance. Agenda Item No. 16A5 May 8, 2007 Page 2 of 8 RECOMMENDATION: That the Board of County Commissioners, Ex- Officio the Governing Board of the Collier County Water -Sewer District, authorize final acceptance of these water and sewer utility facilities for VeronaWalk Town Homes Phase One, and authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) to the Project Engineer or the Developer's designated agent. PREPARED BY: Jodi Pannullo, Engineering Technician Agenda Item No. 1605 May 8, 2007 Page 3 of 8 CERTIFICATION OF CONTRIBUTORY ASSETS - COUNTY PROJECT NAME: VERONAWALK TOWNHOMES PHASE ONE LOCATION: SECTION 26, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA 1 NAME & ADDRESS OF OWNER: DIVOSTA AND COMPANY 6005 VANDERBILT ROAD EXTENSION NAPLES, FLORIDA 34119 (/ TYPE OF UTILITY SYSTEM: POTABLE WATER (MATERIALS ONLY) ITEM SIZE QUAN. UNIT COST TOTAL SINGLE WATER SERVICE 12 EA $160.00 $1,920.00 DOUBLE WATER SERVICE 54 EA $300.00 $16,200.00 6" DR -18 6" 865 LF $6.50 $5,622.50 6' DR -14 6" 115 LF $7.00 $805.00 10" DR -18 10" 1528 LF $10.00 $15,280.00 10" DR -14 10" 135 LF $12.00 $1,620.00 12" DR -18 12" 1535 LF $12.00 $18,420.00 12" DR -14 12" 150 LF $14.00 $2,100.00 OPEN CUT CASING 24" 40 LF $125.00 $5,000.00 6" GATE VALVE 6" 4 EA $600.00 $3,200.00 10" GATE VALVE 10" 6 EA $1,000.00 $6,000.00 12" GATE VALVE 12" 10 EA $1,200.00 $12,000.00 PBSP 1 EA $800.00 $800.00 ARV 8 EA $945.00 $7,560.00 TOTAL COST $96,527.50 • • Agenda Item No. 1605 May 8, 2007 Page 4 of 8 I do hereby certify that the quantities of materials described above are a true and accurate representation of the system. E TIF G: Brenda K.Merchant Authorized Agent OF: Haleakala Construction, Inc. 5758 Taylor Road Naples, Florida 34109 -1829 STATE OF FLORIDA ) ) SS: COUNTY OF COLLIER 1 The foregoing instrument was signed and acknowledged before me this 12th day of November, 2004 by Brenda K. Merchant /w/�/�//ho is personally known to me and who did not take an oath. off/ fQty , SEAL: LINDA MAHON DD 177119 µ; Linda Mahon �?' = CommissionOD177119 Expires: Feb 21, 2007 '�oia^;.`'� Bonded 7tw Atlantic BwftCo., Ina • Agenda Item No. 1605 May 8, 2007 Page 5 of 8 CERTIFICATION OF CONTRIBUTORY ASSETS - COUNTY PROJECT NAME: VERONAWALK TOWNHOMES PHASE ONE LOCATION: SECTION 26, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA O NAME & ADDRESS OF OWNER: DIVOSTA AND COMPANY G 1 6005 VANDERBILT ROAD EXTENSION U NAPLES, FLORIDA 34119 TYPE OF UTILITY SYSTEM: SANITARY SEWER (MATERIALS ONLY) ITEM SIZE QUAN. UNIT COST TOTAL 8" SDR -26 0 -6' CUT 8" 1306 LF $5.00 $6,530.00 8" SDR -26 6 -8' CUT 8" 1173 LF $5.00 $5,865.00 8" SDR -26 8 -10' CUT 8" 664 LF $5.00 $3,320.00 8" SDR -26 10 -12' CUT 8" 322 LF $5.00 $1,610.00 8" SDR -26 12 -14' CUT 8" 507 LF $5.00 $2,535.00 10" SDR -26 12 -14' CUT 10' 47 LF $6.00 $282.00 4' DIA MANHOLE 0.6' 4' 8 EA $2,000.00 $16,000.00 4' DIA MANHOLE 6 -8' 4' 2 EA $2,600.00 $5,200.00 4' DIA MANHOLE 8 -10' 4' 4 EA $3,400.00 $13,600.00 4' DIA MANHOLE 10 -12' 4' 1 EA $4,300.00 $4,300.00 4' DIA MANHOLE 12 -14' 4' 2 EA $5,200.00 $10,400.00 SINGLE SERVICES 108 EA $350.00 $37,800.00 DOUBLE SERVICES 6 EA $390.00 $2,340.00 PLUG FOR FUTURE 5 EA $50.00 $250.00 LIFT STATION 4 9 1 LS $90,000.00 $90,000.00 ARV 2 EA $2,200.00 $4,400.00 6" DR -14 6" 100 LF $6.00 $600.00 6" DR -18 6" 50 LF $6.75 $337.50 TOTAL COST $198,839.50 • Agenda Item No. 1605 ' May 8, 2007 Page 6 of 8 I do hereby certify that the quantities of materials described above are a true and accurate representation of the system. CE IFYING: BRENDA K. MERCHANT AUTHORIZED AGENT OF: Haleakala Construction, Inc. 5758 Taylor Road Naples, Florida 34109 -1829 STATE OF FLORIDA ) ) SS: COUNTY OF COLLIER ) The foregoing instrument was signed and acknowledged before me this 12th day of November, 2004 by Brenda K Merchant who is personally known to me and who did not take an oath. � f em� SEAL: Linda Mahon DD 177119 w; Linda Mahon Commissim #0177119 �i Expires, Feb 21, 2007 '•� ,• Atlerroc Bondin9 Co.,Bte. C:) , �< C� 0 Ern 0 !WjS bE O F . . . . . . . . ... Rp !WjS I p 00-4 W F- �3 IL Z 0 F- 0 (D CL 0 4) E 0 0 15 m m C: 2 3 bE O Hf Rp 0 A H --n ----- --- - --- 3t I p 00-4 W F- �3 IL Z 0 F- 0 (D CL 0 4) E 0 0 15 m m C: 2 3 Page I of 1 Agenda Item No. 16A5 May 8, 2007 Page 8 of 8 Prepared By COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1SA5 Item Summary: Recommendation to approve final acceptance of the water and sewer utility facihlies for Verona Walk Town Homes. Phase One Meeting Date: 5/8/2007 9'.00'.00 AM Prepared By Jodi Pannulio Administrative Assistant Data Community Development & ODES Engineering Services 41512007 12:51:48 PM Environmental Services Approved By Pamela Libby Water Operations Manager Data Public Unions, Water WW200712:59 PM Approved By Paul Matemich Water Director Data Public Utilities Wale, 41512 00 7 1:32 PM .Approved By Thomas E. Kuck, P.E. COES Engineering Services Director Data Community Development & CDES Engineering Services 41512007 1:36 PM Environmental Services Approved By Judy PUiO Operations Analyst Date Community Development& Community Development8 Environmental Services Environmental Services Admin. 4/912007 2a7 PM Approved By Stephen L, Na9y Wastewater Collecfmns Manager Date Public Utilobt, Wastewater 411012007 4: 46 PM Approved By G. George Yilmaa Waste Water Direct., Date Public Utilities Wastewater 411112007 true AM Approved By Mader. Stewart E..d.five Secretary Dale Community Development & Community Development 8 m Enviromental Services Environmental Services Admin. W11I200]12:00 PM Approved By Roy B. Anderson. PE, Public Utilities Engineering Director Data Public Utilities Pubh, Uplams Engineering 4119120072:40 PM Approved By Community Development 8 Joseph K. Schmitt Environmental Services Adminstmter Data Community Development& community Development& Environmental Services Environmental Services Admin. W22I2007 3 19 PM Approved By ONE Coordinator Administrative Assistant Date county Managers Gross Office at Management & Budget 42512007 9:50 AM Approved By Mark Isackson Budget Analyst Date County Managers Office Office of Management & Budget 4 @6200110:30 AM Approved By James V. Mudd County Manager Data Board of County County Managers Office 41281200]9:07 AM Commissioners file: / /C:\AgendaTest\Export\82- May %208, %202007\16.° /o2OCONSENT / 20AGENDA \I6A.... 52/2007 Agenda Item No. 16A6 May 8, 2007 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve final acceptance of the water utility facility for North Collier Hospital Parking Garage OBJECTIVE: The Board of County Commissioners, Ex- Officio the Governing Board of the Collier County Water -Sewer District, to accept final and unconditional conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of North Collier Hospital Parking Garage has constructed the water facility within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance of this water utility facility was approved by the Engineering Services Department staff on March 9, 2005. At that time, the value of this utility facility (assets) was $2,289.05 (see attachment[s]). Final Acceptance is in accordance with Ordinance 2004 -31, as amended. 3) Staff has recorded all preliminary acceptance documents in the public records of Collier County, which have been reviewed and approved by the County Attorney's office as to form and legal sufficiency. 4) The water facility has been operated and maintained by the Collier County Water - Sewer District during, not less than, the required one (1) year warranty period. 5) A final inspection to discover defects in materials and workmanship has been conducted by the Engineering Services Department staff and this facility has been found to be satisfactory and acceptable. 6) The Utilities Performance Security (UPS), in the form of a Cash Bond in the amount of $5,992.08, will be released to the Project Engineer or the Developer's designated agent upon the Board's approval of this Executive Summary. 7) The water utility infrastructure connected beyond the master meter is owned and maintained by the owner. FISCAL IMPACT: Approval of this Executive Summary will have no specific financial impact. However, approval of this Executive Summary will result in the Collier County Water -Sewer District receiving unconditional title to the utility facility, which at the time of preliminary acceptance, had a total (undepreciated) value of $2,289.05. GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no growth management impact. Agenda Item No. 16A6 May 8, 2007 Page 2 of 5 LEGAL CONSIDERATIONS: No additional legal review from the County Attorney was required to complete this final acceptance. RECOMMENDATION: That the Board of County Commissioners, Ex- Officio the Governing Board of the Collier County Water -Sewer District, accept the water utility facility for North Collier Hospital Parking Garage, and authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) to the Project Engineer or the Developer's designated agent. PREPARED BY: Jodi Pannullo, Engineering Technician o V M N L � � � G m C N Q 1 r 1'bO OCMIS Ol shy xM1wr wh$ Ob •Q`�r by t [ aao worm Y ¢� p a ;YB �5 vaw."rvwarmww � a �- o a O s sit g s j � T 8 E 9yy€� YyYy� ,4vvP 'M'6 w+ m MN.M P.W Bgk[vM� O Cu wor LiTwoo W F °R"� = � a guars u5(i m o 0 caw. E Y wu.wc stun MCA!) yagg j uiN w 4 yd$ xg nx�'vMC a,� e a S n eo ¢. b 1 r W N Z O Q V J N m� L m C� m c (6 a m a 0 O U t O Z Y ¢� p a ;YB �5 vaw."rvwarmww � �- o a O s sit g 9yy€� yc Cu wor LiTwoo Y MCA!) yagg j uiN w yd$ xg S eo ¢. GULF OF MEXICO 9 W N Z O Q V J N m� L m C� m c (6 a m a 0 O U t O Z PROJECT NAME: NCH Parking Garage LOCATION: Section 22 Township 48 S Range 25 E Collier County, Florida NAME & ADDRESS OF OWNER: Naples Community Hospital P.O. Box 413029 Naples, FL 33940 TYPE OF UTILITY SYSTEM: POTABLE WATER (MATERIALS ONLY) • Agenda Item No. 16A6 May 8, 2007 _ (IotINTY Page 4 of 5 QUANTITIES SIZES DESCRIPTION UNIT PRICE TOTAL COST 33 LF 6" C -900 DR 14 PVC Pipe 4.75 156.75 38 LF 8" C -900 DR 14 PVC Pipe 6.55 248.90 1 EA 2" Water Service Assembly 300.00 300.00 1 EA 6' Gate Valve & Box 388.60 388.60 2 EA 8" Gate Valve & Box 597.40 1,194.80 TOTAL COST 2,289.05 I do hereby certify that the quantities of materials described above are a true and accurate representation of of the system being contributed to Collier County. President OF:"Jensen Underground Utilities, Inc. 5585 Taylor Road Naples, FL 34109 STATE OF FLORIDA ) ) SS: COUNTY OF COLLIER ) The foregoing Instrument was signed and acknowledged before me this 23rd day of November, 2004 by Kevin Jensen, who 's personally known to me and who did not take an oath. '/1 SEAL: Donna L. Lundgren , r •—�_ 1�w +' ° "'cq DONNA L. LUNDGREN =' .Notary Pubbe - Stale of FWdo ;'%*CongiubnE "aeJin 1, 2W7 Corrurllnlon # DDII 99598 Page I of I Agenda item No. 16A6 May B, 2007 Page 5 of 5 file, 71 C1 \AuendaTe9t \F"oft \R2- Mav %20R_% 202007\ Ifi. %2000NAF.NT %2OAC.F.MJA \l6A__ 5/22009 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ' Item Number: 16A6 Item summary: Recommendation to approve final acceptance of the Walerfacility for North Collier Hospital Parking Geroge Meeting Date: 51612007 9.00:00 AM Prepared By Jodi Reveal. Administrative Assistant Data Community Development 8 CDES Engineering Services 41512 007 12.56 04 PM Environmental Services Approved By Parents Libby Water Operations Manager Date Public Utilities Water 4IW200712:59 PM Approved By Paul Mattausch Water Director Data Public Utilities Water 415120071:31 PM Approved By Thomas E. Kock, P.E. CDES Engineering Services Director Data Community Development 8 CDES Engineering Services 415MIX171:37 PM Environmental Services Approved By Judy Puig Operation$ Analyst Data Community Development & Community Development e Ep,mmo ntal Services e Environmental Services Admin. 4f912007 2]9 PM Approved By Marlene Stewart Eseoetive Secretary Data .,� Community Development 8 Community Development is Environmental Services Environmental Services Atlmin, 411712007 12:07 PM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Data Public Utilities Pubfm Utilities Engineerng 411912007 2:41 PM Approved By Commuoay Development 8 Joseph K. Schmitt Environmental Services Adognstrator Data Community Development 8 Community Development 8 Environmental Services Environmental Services Admin. 4/2212007 3:20 PM Approved By OMB Coordinator Administrative Assistant Data County Manager's Office Office of Management 8 Budget 412512007 9:51 AM Approved By Mark lsackson Budget Analyst Data County Manager's Office Office of Management 8 Budget 4(261200] 10:54 AM Approved By James V. Mudd County Manager Date Board of County County Man agefe Office 412812 007 10:00 AM Commissionary file, 71 C1 \AuendaTe9t \F"oft \R2- Mav %20R_% 202007\ Ifi. %2000NAF.NT %2OAC.F.MJA \l6A__ 5/22009 Agenda Item No. 16A7 May 8, 2007 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve final acceptance of the water and sewer utility facilities for Castlewood at Imperial OBJECTIVE: The Board of County Commissioners, Ex- Officio the Governing Board of the Collier County Water -Sewer District, to accept final and unconditional conveyance of these water and /or sewer facilities. CONSIDERATIONS: 1) The Developer of Castlewood at Imperial, has constructed the water and sewer facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance of these utility facilities was approved by the Engineering Services Department staff on July 6, 2004. At that time, the value of these utility facilities (assets) was $26,824.68 for the water facilities and $62,147.49 for the sewer facilities (see attachment[s]). This final acceptance is in accordance with Collier County Ordinance No. 2004 -31, as amended. 3) Staff recorded all preliminary acceptance documents in the public records of Collier County, which have been reviewed and approved by the County Attorney's office as to form and legal sufficiency. 4) The water and sewer facilities have been operated and maintained by the Collier County Water -Sewer District during, not less than, the required one (1) year warranty period. 5) A final inspection to discover defects in materials and workmanship has been conducted by the Engineering Services Department staff, and these facilities have been found to be satisfactory and acceptable. FISCAL IMPACT: Approval of this Executive Summary will have no specific financial impact. However, approval of this Executive Summary will result in the Collier County Water -Sewer District receiving unconditional title to the utility facilities, which at the time of preliminary acceptance, had a total (undepreciated) value of $88,972.17. GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no growth management impact. LEGAL CONSIDERATIONS: No additional legal review from the County Attorney is required to complete this final acceptance. Agenda Item No. 16A7 May 8, 2007 Page 2 of 6 RECOMMENDATION: That the Board of County Commissioners, Ex- Officio the Governing Board of the Collier County Water -Sewer District, authorize final acceptance of these water and sewer utility facilities for Castlewood at Imperial, and authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) to the Project Engineer or the Developer's designated agent. PREPARED BY: Jodi Pannullo, Engineering Technician Agenda Item No. 16A7 CERTIFI CAT INF COST CONTRIBUTORY ASSETS - _NTY May 8, 2007 Page 3 of 6 PROJECT NAME: Castlewood LOCATION: Section 14 Township 48 South Range 25 East Collier County, Florida NAME &ADDRESS OF OWNER: Lloyd Sheehan 1751 Imperial Golf Course Blvd. Naples, FL 34110 TYPE OF UTILITY SYSTEM: POTABLE WATER (MATERIALS ONLY) QUANTITIES SIZES DESCRIPTION UNIT PRICE TOTAL COST 1 Ea. 12" x 8" Tapping Sleeve & Valve 1,372.28 1,372.28 2000 LF 6" C -900 DR 18 PVC Pipe 2.64 5,280.00 320 LF B. C -900 DR 18 PVC Pipe 4.41 1,411.20 60 LF 8" C -900 DR 14 PVC Pipe 5.45 327.00 8 Ea. 6" Gate Valve & Box 388.60 3,108.80 6 Ea. Fire Hydrant 1,003.40 6,020.40 3 Ea. 6" Air Release Valve 516.20 1,548.60 1 Ea. 8" Air Release Valve 516.20 516.20 1 Ea. Permanent Bacterial Sampling Station 507.79 507.79 14 Ea. 1" Double Water Services 147.99 2,071.86 5 Ea. 1" Single Water Services 147.99 739.95 1 Ea. 8" x 6" MJ Tee 200.68 200.68 6 Ea. 6" Hyd Tee 177.27 1,063.62 15 Ea. 6" MJ 450 Bend 98.60 1,479.00 3 Ea. 8" MJ 45" Bend 147.32 441.96 1 Ea. 8" 22 1/2° Bend 147.32 147.32 1 Ea. 8" x 6" LEMJ Reducer 7772 77.72 405 LF 4" Sch 40 Water Sleeves 1.26 510.30 TOTAL COST 26,824.68 I do hereby certify that the quantities of materials described above are a true and accurate representation of of the system being contributed to Collier County. CERTIFYING: Kee sen, President OF: Jensen Underground Utilities, Inc. 5585 Taylor Road Naples, FL 34109 RECEIVED STATE OF FLORIDA ) JUN t L 2004 ) SS: COUNTY OF COLLIER ) The foregoing instrument was signed and acknowledged before- a ld b 21111 a dy alf Kevin Jensen, who is personally known to me and who did no ta,# `..... !9Mh. DONNA L. LUNDGREN r ? Notary Public - State of Florida MyConelWOneq� wAni 2007 ,,,,,,,,, CommWbn M DDI"595 SEAL: Donna L. Lundgren , Agenda Item No. 16A7 CERTIFICATWOF COST CONTRIBUTORY ASSETS - WNTY May 8, 2007 Page 4 of 6 PROJECT NAME: Castlewood LOCATION: Section 14 Township 48 South Range 25 East Collier County, Florida 0 e% . a NAME & ADDRESS OF OWNER: Lloyd Sheehan ' 1751 Imperial Golf Course Blvd ° +C Naples, FL 34110 TYPE OF UTILITY SYSTEM: SANITARY SEWER (MATERIALS ONLY) QUANTITIES SIZES DESCRIPTION UNIT PRICE TOTAL COST 1 Ea. 6"x 4" Tapping Sleeve & Valve 719.20 719.20 43 LF 12" HDPE Casing 2320 997.60 320 LF 4" C -900 DR 18 PVC Pipe 1.86 595.20 1221 LF 8" SDR 26 PVC Pipe 0 -6 2.67 3,260.07 707 LF 8" SDR 26 PVC Pipe 6 -8 2.67 1,887.69 115 LF 8" SDR 26 PVC Pipe 8 -10 2.67 307.05 4 Ea. Manhole 0 -6 876.96 3,507.84 2 Ea. Manhole 6 -8 1,133.32 2,266.64 2 Ea. Manhole 8-10 1,422.16 2,844.32 1 Ea. Pump Station 40,430.64 40,430.64 9 Ea. 8" x 6" Wye 25.29 227.61 9 Ea. 6" SDR 26 450 Bend 9.71 87.39 980 LF 6" SDR 26 PVC Pipe 1.46 1,430.80 9 Ea. 6" Cleanout Assembly Double 74.09 666.81 15 Ea. B. Cleanout Assembly Single 74.09 1,111.35 7 Ea. 4" MJ 45° Bend 109.04 763.28 1 Ea. 4" Check Valve Assembly 1,044.00 1,044.00 TOTAL COST 62,147.49 1 do hereby certify that the quantities of materials described above are a true and accurate representation of of the system being contributed to Collier County. CERTIFYING: KWO n�en, President OF: Jensen Underground Utilities, Inc. 5585 Taylor Road Naples, FL 34109 STATE OF FLORIDA ) ) SS: COUNTY OF COLLIER ) The foregoing instrument was signed and acknowledged before me this 17th day of June, 2004 by Kevin Jensen who is personally known to me and who did nWe .. DONNA L W=REN Notary Pubec - Stab of FWclo SEAL: ' ?Cmw*don 0 DDI"59a Donna L. Lundgren �0 0 Lo s� m Ah mr 0 w� �Q 0 a W E 76 3 v m U Z O Q U O J y gg Ftl �' .a u mwmw I F.`� kvro"�wa f 6y I Di I (21 g�`C w F � aw.xrmr�rwv g _ ��� 6 :E U •• tit Ye S� �� °' '� _ 9� `�s x I $� :� ` Y•tl woeb v�mwo'u as I �wx lip 'Wyk f"E i dv'n FF g ,e INBN vYLL 1 II�we awo aewmwn�3 W E 76 3 v m U Z O Q U O J Page I of 1 Agenda Item No. 16A7 May 8, 2007 Page 6 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16A7 Item Summary: Recommendation to approve final acceptance of the water and sewer utility facilities for Castlewood at Imperial. Meeting Date: 518/2007 990.00 AM Prepared By Jodi Permute Administrative Assistant Data Community Development & Eneterom otat Services COES Engineering Service. 41612007 9:50:53 AM Approved By Thomas E, Kuck, P.E. CDES Engineering Services Director Data Continuum, Development & Environmental Services ODES Engineering Services V612007 9:52 AM Approved By Pamela Libby Water Operations Manager Date Public Utilities Water 4161200710: 46 AM Approved By Judy PUig Operations Ansiyst Date Community Development Community Development& Environmental Services Environmental Services Admen, 419120072:25 PM Approved By Paul Mabaumph Water Director Data Public Utilities Water 411012 007 12,74 PM Approved By Stephen L Nagy Wastewater collections Manager Data Public Utilities Wastewater 4111120071.04 PM Approved By G. George Yiimaa bo slovidu rDbactor Data Public Utilities Wastewater 4112120071: 16 PM Approved By Mader. Stewed Executive Secretary Data Community Development A Community Development & Enyir.mcnam al Services Environmental Services Admin. 411 712 007 12:19 PM Approved By Roy B. Anall P.E. Public Utilities Engineering Director Data Public Utilities Public utilities Engineering 411912007 3:12 PM Approved By Community Deveopment 6 Joseph K. Schmitt Emencomenal Services Administrator Date Community Development & Community Develapmenl8 Environmental Services Environmental Services Atlmin, 412212007 3:22 PM Approved By OMB Coordinator Administrative Assistant Data County Managers Office Office of Management B Budget 4125120079: 51 AM Approved By Markleacksm. Budget Analyst Date County Managers Office Office of Management& Budget W261200711: 12 AM Approved By James V. Mudd County Manager Data Board of County Commissioners County Manager's Office 41281200710: 25 AM file' / /C\AeendaTest \Exnor682 -Mav %209. %202007 \16. %2000NSFNT %20ACiFNDA \16A._. .52/2007 Agenda Item No. 16A8 May 8, 2007 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve final acceptance of the water utility facility for Naples Walk, Phase 3 OBJECTIVE: The Board of County Commissioners, Ex- Officio the Governing Board of the Collier County Water -Sewer District, to accept final and unconditional conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Naples Walk, Phase 3 has constructed the water facility within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance of this water utility facility was approved by the Engineering Services Department staff on February 9, 2006. At that time, the value of this utility facility (assets) was $8,939.85 (see attachment[s]). Final Acceptance is in accordance with Ordinance 2004 -31, as amended. 3) Staff has recorded all preliminary acceptance documents in the public records of Collier County, which have been reviewed and approved by the County Attorney's office as to form and legal sufficiency. 4) The water facility has been operated and maintained by the Collier County Water - Sewer District during, not less than, the required one (1) year warranty period. 5) A final inspection to discover defects in materials and workmanship has been conducted by the Engineering Services Department staff and this facility has been found to be satisfactory and acceptable. 6) The water utility infrastructure connected beyond the master meter is owned and maintained by the owner. FISCAL IMPACT: Approval of this Executive Summary will have no specific financial impact. However, approval of this Executive Summary will result in the Collier County Water -Sewer District receiving unconditional title to the utility facility, which at the time of preliminary acceptance, had a total (undepreciated) value of $8,939.85. GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no growth management impact. LEGAL CONSIDERATIONS: No additional legal review from the County Attorney was required to complete this final acceptance. RECOMMENDATION: That the Board of County Commissioners, Ex- Officio the Governing Board of the Collier County Water -Sewer District, accept the water utility Agenda Item No. 16A8 May 8, 2007 Page 2 of 5 facility for Naples Walk, Phase 3, and authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) to the Project Engineer or the Developer's designated agent. PREPARED BY: Jodi Pannullo, Engineering Technician Page I of 1 Agenda Item No. 16A8 May B, 2007 Page 3 of 5 file: / /C:\AgendaTest\Export \82- May% 208, %a 202007\ I6. ° /2000NSENI %20AGENDA\ I6A.... 5/2/2007 COLLIER COUNTY BOARD Of COUNTY COMMISSIONERS - Item Number: reap Item Summary: Recommendation to approve final acceptance of the water utility facility for Naples Welk, Phase 3. Meeting Dale: 51812007 9'.00.00 AM Prepared By Jodi Pannullo Administrative Assistant Date Community Development & CDES Engineering Services 41612007 9:59:44 AM Environmental Services Approved By Thomas E. Kuck, P.E. CUES Engineering Services Director Date Community Development & CDES Engineering Services 4I6I200110:10 AM Environmental Services Approved By Pamela Libby Water Operations Manager Data Public Utilities Water 4161200)10:48 AM Approved By Judy Puig Operations Analyst Date Community Development & Community Development 8 Environmental Services Environmental Services Admin. 4192007 1:40 PM Approved By Gaul Maftausch Water Director Date Public deficits Water 41101200)12:23 PM Approved By Marlene Stewart Executive Secretary Date ..�- Community Development & Community Development 8 Environmental Services Environmental Services Admin, 411)1200) 1222 PM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Data Public Utilities Public Utilities Engineering 411912007 3:13 PM Approved By Community Development & Joseph K. Schmitt Date Environmental Services Administrator Community Development& Community Development& Environmental Services Environmental Services Admin. 4122!2011) 323 PM Approved By OMB Coordinator Administrative Assistant Data County Manager's Office Office of Management & Budget 412512007 9:54 AM Approved By Mark isackson Budget Analyst Date County Managers Office Office of Management & Budget 412812007 9:14 AM Approved By James V. Mudd County Manager Data Board of County County Manager's Office 4126@00710:30 AM Commissioners file: / /C:\AgendaTest\Export \82- May% 208, %a 202007\ I6. ° /2000NSENI %20AGENDA\ I6A.... 5/2/2007 Ln N Oco N Z N m Er, a C) m c m m Ed / 7 MEW � 3 � 3 3R wuoxm LU F- N Z O Q U J ^v. N m� L a In N CL m Z gig I.wmvtl�IWYM C j �C uqe p sa S3 dVN $$ 9 a? £ d0 19 414 5 ,se 1 iq YSS • tl va nar vumm �mr ac E�' gC g W"; '�vYN61Nyy �• $ p � ig .! p g fig Irr vN � Sd ter sNi w LU F- N Z O Q U J ^v. N m� L a In N CL m Z Agenda Item No. 16AB • ^ O /� May 8, of 5 O 1 U) Page 5 of 5 CERTIFICATION OF CONTRIBUTORY ASSETS - COUNTY PROJECT NAME Naples Walk - Phase 3 LOCATION: 2500 Vanderbilt Beach Road, Naples, FL Section 1, Township 495, Range 25E NAME & ADDRESS OF OWNER: NAP Vanair 111 LLC, 7500 College Pkwy., Ft. Myers, Fl- 33907 i TYPE OF UTILITY SYSTEM: POTABLE WATER (MATERIALS ONLY) Tapping Sleeve and Valve 8 "x4" 1 EA $776.00 1 $776.00 Sch.80 3" 15 LF $2.39 $35.85 Fittings 3" 1 LS $128.00: $128.00 Riser pipe to and including T, 1 EA $8,000.00 ! $8,000.00 the meter and back8ow TOTAL COST $8,939.85 I do hereby certify that the quantities of material described above are a true and accurate representation of the system being contributed to Collier County Utilities, Inc. CERTIFYING: Mark LaForce. Secretary OF: Sun Coast Underground Utility Construction Corp. STATE OF FLORIDA ) SS: COUNTY OF COLLIER ) The foregoing instrument was signed and acknowledged before me this 12th day of January, 200�rk LaForce who ' ersonelly known to me and who did not take an oath. ( SEAL: , anp„ An_d'rewD.laPome w'SC 20M barvmAt1aIIrSC 80IIM4SN �••tIDC hhn0� Agenda Item No. 16A9 May 8, 2007 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve an impact fee reimbursement for Redlands Christian Migrant Association Immokalee Community Charter School, totaling $40,187.76, for Building Permit Number 2005123589 in accordance with Section 1002.33(18)(d), Florida Statutes, which provides an exemption from the assessment of impact fees for charter school facilities. OBJECTIVE: That the Board of County Commissioners (Board) approve an impact fee reimbursement for Redlands Christian Migrant Association (RCMA) Immokalee Community Charter School, totaling $40,187.76, for Building Permit Number 2005123589, in accordance with Section 1002.33(18)(d), Florida Statutes, which provides an exemption from the assessment of impact fees for charter school facilities, and that the Board approve any necessary budget amendments that may be required associated to the reimbursement. CONSIDERATIONS: Section 74 -202 of Article I1, Chapter 74 of the Collier County Code of Laws and Ordinances, the Collier County Consolidated Impact Fee Ordinance, 2001 -13, as amended, provides for specific criteria and procedures for processing routine and non - routine requests for impact fee reimbursements. Specifically, as set forth by Section 74 -202 (h) (5): "All reimbursement requests totaling twenty -five thousand dollars ($25,000) or more, cannot be approved administratively and must be submitted to the Board of County Commissioners." RCMA Immokalee Community Charter School is seeking a reimbursement of impact fees that were paid for Building Permit No. 2005123589 based on their current and then existing status as a charter school. RCMA Immokalee Community Charter School, through a contract with the District School Board of Collier County, is an authorized charter school and is part of the state's program of public education. Section 1002.33(18)(d), Florida Statutes provides that charter school facilities are exempt from the assessment of impact fees and therefore such fees should not have been assessed for the above mentioned building permit. FISCAL IMPACT: The recommended impact fee reimbursements will be paid from the funds specifically budgeted for impact fee reimbursements as follows: Road (District 5) Government Buildings Emergency Medical Services Law Enforcement Total: $ 34,864.00 S 3,643.36 $ 1,300.00 $ 380.40 $ 40,187.76 RCMA Reimbursement Page 2 Agenda Item No. 16A9 May 8, 2007 Page 2 of 3 GROWTH MANAGEMENT IMPACT: Remittance of the requested impact fee reimbursement may adversely affect capital project funding for road construction; however, the development is exempt from the requirement to pay impact fees; therefore, a reimbursement is due to the organization. LEGAL CONSIDERATIONS: Based upon this Office's review of the statute and the legislative history underlying the statute, it is clear that Florida Statutes § 1002.33(18)(d) exempts Charter Schools from impact fees. Payment by the School was accordingly in error. In time, the School realized its error and alerted staff to this 2002 enacted exemption. Since the Consolidated Impact Fee Ordinance requires that all refunds of at least $25,000 go to the Board for approval, the Impact Fee Staff is not authorized to administratively issue this refund, and thus Board action is required. -JAK RECOMMENDATION: That the Board of County Commissioners (Board) approve an impact fee reimbursement for Redlands Christian Migrant Association (RCMA) Immokalee Community Charter School, totaling $40,187.76, for Building Permit Number 2005123589, in accordance with Section 1002.33(18)(d), Florida Statutes, which provides an exemption from the assessment of impact fees for charter school facilities, and that the Board approve any necessary budget amendments that may be required associated to the reimbursement. Prepared by: Amy Patterson, Impact Fee Manager Business Management and Budget Office, CDES Page 1 of I Agenda Item No. 16A9 May 8, 2007 Page 3 of 3 file: / /C:\AgendaTest \Export \82- MayO /o208,e/2O200T 16. %2OCONSENTe/20AGENDA\ I6A.... 52/2007 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 15A9 Item Summary: Recommendation to approve an impact fee reimbursement for Redlands Christian Migrant Assurance Immokalee Community Charter School, adding $40,181]9_ for Building Permit Number 2005- 123589 to accordance with Section 1002.33(18)(d) Florida Statutes, which provides an exemption from the assessment of Impact fees tot charter school facilities. Meeting Date: 5/012001 9.00.00 AM Prepared By Amy Patterson Impact Fae Manager Date Community Development & Environmental Services Financial Admin. & Housing 411912007 4:12:38 PM Approved By Jeff Klai Assistant County Attorney Data County Attorney County Attorney Omce 4120/20072:55 PM Approved By Marlene Stewart Enecuave Secretary Data Community Development & Community Development & Environmental Services Environmental Services Atlmin, 423120074:24 PM Approved By Judy Pulp Operations Analyst Data Community Development & community Development & Environmental Services Environmental Services Atlmin. 412,V2007 8:51 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Data Transportation Services Transportation Services Admin. 41241200710: 56 AM Approved By .—.. Rhin Tindall Principal Planner Data Transportation Servcee Transportation Planning 4124120071 D:59 AM Approved By Sharon Newman Accounting Supervisor Data Transportation Services Transportation Services Atlmin 4124/20078:44 PM Approved By Garrett Multi Financial Operations Manager Data Community Development 8 Financial Atlmin. &Housing V2512007 116 PM Environments Se l rvices Approved By Community Development & Joseph K. Schmitt Environmental Services Administrator Date Community Development & Community Development & Environmental Services Environmental Services Atlmin, 41261200] 0:04 AM Approved By OMB Coordination Administrative Assistant Data County Managers ONlce Office of Management & Budget 412712007 8:54 AM Approved By Susan Usher Senior Manion mentl0udget Analyst Data County Managers Office Office of Management &Budget 0271200712: 57 PM Approved By Michael Smykowskl Managemerd & Butlget Director Data County Manager a Office Office of Management &Budget 4129120078: 19 AM Approved By James V. Mudd County Manager Data A._ Board of County Commissioners County Managers Office 4/3012007 598 PM file: / /C:\AgendaTest \Export \82- MayO /o208,e/2O200T 16. %2OCONSENTe/20AGENDA\ I6A.... 52/2007 Agenda Item No. 16A10 May 8, 2007 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Independence Phase One ". The roadway and drainage improvements will be privately maintained. OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Independence Phase One" CONSIDERATIONS: 1. On January 25, 2005, the Board of County Commissioners granted preliminary acceptance of the roadway and drainage improvements in "Independence Phase One ". 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. Agenda Item No. 16A10 May 8, 2007 Page 2 of 5 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway and drainage improvements in "Independence Phase One" and release the maintenance security. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Page I of 1 Agenda Item No. 16A10 May 8, 2007 Page 3 of 5 file: / /C:\Ap.mdaTest \Export\82 - May %208, %202007\ 16. % 20C0NSFNT %20AGENDA\ I6A.... 52/2007 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ,., Item Number: 16A10 Item Summary: 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 Independence Phase One The roadway and drainage improvements will be privately meintained. Meeting Date: 51812007 9:00'.00 AM prepared By John Houlrswerm Senior Engineer Data Community Development & Engineering Services W23120077:54:24 AM Environmental Services .Approved By Thomas E. Kuck, P.E. ODES Engineering Services Director Data Community Development as ODES EngEngineering Services 412312007 8:45 AM l ices Environments Sery Approved By Marlene Stewart Executive Secretary Date Community Development & Community Development & Environmental Services Environmental Scrwres Armin. 412312007 9:20 AM Approved By Judy Puig Operations Analyst Data Community Development & Community Development & Environmental Services Environmental Services Atlmin. 4/231200]9:20 AM Approved By Jeff Wright Assistant COUMy.AWlway Data County Attorney County Attorney Office 41201200710:30 AM Approved By Community Development & Joseph K. Schmitt Environmental Services Administrator Data Community Development & Community Development 8 Environmental Services Environmental Services Admin. 412412007 2:32 PM Approved By OMB Coordinator Administrative Assistant Data County Manages$ Office Office of Management & Budget 412512007 10: 07 AM Approved By Mark Iseckson Budget Analyst Date County Marti Office Office of Management & Budget 41261200711:1] AM Approved By James V. Mudd County Manager Date Board of County Co mmissbnen Co.., ManageYS Office 41281200]10:54 AM file: / /C:\Ap.mdaTest \Export\82 - May %208, %202007\ 16. % 20C0NSFNT %20AGENDA\ I6A.... 52/2007 Cl — <CD 0 'o C6 EL M M- � 0A uj CL cQ O LU LLJ v O!i 6z 'Hs 15 0A uj CL cQ O WHEREAS, the Board of County Commissioners of Collier County, Florida, on April 15, 2004 approved the plat of Independence Phase One for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04 -41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering Services Section of the Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Independence Phase One , pursuant to the plat thereof recorded in Plat Book 41, pages 44 through 46, 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 Independence Homeowners' Association, Inc. This Resolution adopted after motion, second and majority vote favoring same, this day of 2007. DATE: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK Deputy Clerk Approved as to form and legal sufft ' cy: Jeff ght Assi t Collier County Attorney By: JAMES COLETTA, CHAIRMAN Agenda Item No. 16A10 May 8, 2007 Page 5 of 5 RESOLUTION NO. 07- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN INDEPENDENCE PHASE ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 41, PAGES 44 THROUGH 46; 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 INDEPENDENCE HOMEOWNERS' ASSOCIATION, INC. WHEREAS, the Board of County Commissioners of Collier County, Florida, on April 15, 2004 approved the plat of Independence Phase One for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04 -41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering Services Section of the Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Independence Phase One , pursuant to the plat thereof recorded in Plat Book 41, pages 44 through 46, 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 Independence Homeowners' Association, Inc. This Resolution adopted after motion, second and majority vote favoring same, this day of 2007. DATE: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK Deputy Clerk Approved as to form and legal sufft ' cy: Jeff ght Assi t Collier County Attorney By: JAMES COLETTA, CHAIRMAN /0 A /o EXECUTIVE SUMMARY a /8/v-7 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 (public) and drainage improvements for the final plat of "Independence Phase One ". The roadway improvements will be maintained by Collier County and the drainage improvements will be privately maintained. OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Independence Phase One" CONSIDERATIONS: On January 25, 2005, the Board of County Commissioners granted preliminary acceptance of the roadway and drainage improvements in "Independence Phase One ". 2. The drainage improvements will be maintained by the project's homeowners association, the County will maintain the roadway improvements. 3. The required improvements have been constructed in accordance with the Land Development Code. The Engineering Services Department and Transportation Services have 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 improvements will be maintained by the County with funds from the operational and maintenance budget. 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 "Independence Phase One" and release the maintenance security. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Agenda Item No. 16131 May 8, 2007 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve the budget amendment for the transfer of funds to PROJECT 66066. The funds are for the evaluation of the existing conditions of five bridges in Collier County classified by the Florida Department of Transportation (FDOT) Bridge Inspection Program as structurally deficient and to make recommendations for immediate action such as repair /rehabilitation, or replacement. Fiscal Impact ($250,000.00) OBJECTIVE: To obtain Board approval for the budget amendment required to evaluate five (5) existing bridges that have been classified as structurally deficient. The bridges have been declared structurally deficient by the FDOT Bridge Inspection Program. CONSIDERATIONS: Included in the latest bridge inventory are several bridges that have been recommended by the FDOT inspectors as requiring immediate attention. Among the most critical are the Chokoloskee Causeway Bridge (030161); CR 846 over a local drainage canal (030137); CR 858 over a local drainage canal (#030152); CR 92 over Marco Channel ( #030184); White Boulevard over the Golden Gate Main canal ( #034021). These five bridges have Sufficiency Ratings less than 50 (on a scale of 100). It is therefore the recommendation of the Road and Bridge Maintenance Department that planning for the repair /rehabilitation and/or replacement of these structures be considered immediately. Transportation Engineering and Construction Management will select qualified consultants to provide a thorough evaluation and cost feasibility study of what action is needed for these five bridges. FISCAL IMPACT: A budget amendment is needed to transfer $ 250,000.00 from Road Maintenance Department operating budget in the Unincorporated General Fund (I 11) to the Road & Bridge project 66066 in the Gas Tax Capital Fund (313). Funds were budgeted in the Road Maintenance department in FY07 however, Transportation Engineering and Construction Management department will manage the bridge study. GROWTH MANAGEMENT IMPACT: Collier County growth and access management guidelines will be followed. RECOMMENDATION: That the Board of County Commissioners approves the requested budget amendment required for a bridge study Prepared By: Marlene Messam, P.E., Project Manager, TE &CM Department GADesign & Engineering \#01 - Bridge Management Program \Executive Summary\04 -02- 2007- EXECUTIVE SUMMARY TRANSFER FUNDS REQUEST.doc Page 1 of 1 Agenda Item No. 16131 May 8, 2007 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1681 Item Summary: Recommendation to approve the budget amendment for the transfer of funds to Project 66066. The funds are for the evaluation of the existing conditions of five bridges in Collier County classified by the Florida Department of Transportation (FDOT) Bridge Inspection Program as structurally deficient and to make recommendations for immediate action such as reperfrehabilllation, or replacement Fiscal Impact (S250,000. 00) Meeting Date: 518120D7 9 00'00 AM Prepared By Lisa Taylor ManagemenUBUdget Analyst Data Transportation Services Transportation Administration V1212007 9:21:44 AM Prepared By Marlene Massa me Right of Way Manager Data Transportation Engineering & Transportation Services 4112120019:21:44 AM Construction Management Approved By Gary Pulaansuu Sne., Project Manager Date Transportation Engineering antl Transportation Services 411212007 9:27 AM Construction Approved By Notate Ahmad Director Date Transportation Engineering 8 Transportation Services Construction Management 411212007 2'.26 PM Approved By Minion, Messam Right of Way Manager Data Transportation Engineering at Transportation Services 411212 0 01 5:26 PM Consmuption Management ..... Apprered By Lisa Taylor MenagementOudgot Analyst Data Transportation Services Transportation Administration 4/13120012:25 PM Approved By John Vlod Roads Maintenance Suparintendant Dala Transportation Services Road Maintenance 411612007 8:20 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admit. 4116120011: 16 PM Approved By Sharon Newman Accou bang Supervisor Data Transportation Services Tmnsportatom Services Admit 4124120018:21 PM Approved By Pat Lehnhard Executive Secretary Data Transportation Services Transportation Services Admin 41251200711:27 AM Approved By ONE Coordinator Administrative Assistant Data County Manager's Office Office of Management & Budget V26120071:SO AM Approved By Susan Usher Senior ManagemenNBudget Analyst Data County Manager's Office Office of Management & Budget 51212007 3:11 PM Approved By Michael Smykowski Management & Budget Director Data County Managers OBice Office of Manegem.at & Budgat 51212007 3'43 PM Approved By James V. Mudd County Manager Date Board of County County Managers Office 5122007 4:44 PM Commissioners file: / /C:\ARendaTest\Export \82- May %208, %202007\ 16. %2000NSENTe/ 20AGENDA \1613.... 5/2!2007 ,mo N O � ' Z E:2 w c N Q L I 1 0 p 1 1 11 1 I H fl rF 7J a i2 i 0 0 N n z O N Z a ro Co O o r a a Z _ W 1 UJ N O M � ZKNou o O O W U. x� V° o W<00 a CL a v ca lu Z_aoW a ° I T � m W d3 _ m O 0 r 0 o 2 m m 1 . 0 0 N n W ro Co Q W 1 M M � O o x� V° o a NL a ° I T � m V 0 0 0 N n 1 x� a a ° I T I 1 1 . h 1 1 I's 1 i � 1 A s S a 9 ; i ! R /? • f� V � K � 44YGyg` l • 9 i 0 0 N n V c c cu R �a d Q ''— o !� 0 H L CL w N o W a F F} Z 2 a o " O ,U Ua _ 2K K W i F— CW J y W O O XZ U 2 W OU W C /IL� J 2 '7 0 u Y /W L/ C Q O W K Q m a IAIPM a I jo en 0 z W C7 A N T U N M�rttll ENC t 0 U I � O � M _ ENryME�x BNp $ j q U � *IZ O O W U L L- CY) C cm G .Lr M > m cn 0 A N T U 1 LO 0 0 N n n M�rttll ENC t _ ENryME�x BNp $ j q � a{ _ p n sa 1 LO 0 0 N n n 1,�to moo N � V 2 O LA H a a ° w Q a rc � Z O z N V V � _� W F WOO U =z� w �� W O. ; ; CO) ° Z <o w LL O W 1 I u 1 p I I TJ — Ah st sw N ftstsw,AnaSWI, O le ow 5M at- s . M � � C) ' 21st a SW ro _a[ sw o -v U 217h- t SW 2M 1A BW . � CU cn a 4-J U co C V C f O O N. 51�at sw — Ah st sw ftstsw,AnaSWI, 1lmhat sw, le ow 5M at- s . am St MN-tom at sw &nth Rd ' 21st a SW _a[ sw 217h- t SW 2M 1A BW . $ VS I l a_. L020 B 9,, .C, 4 � f S c (. ��.✓ i 1 0 0 'ID moo °o v� Eom m a c m Q 1 1 • • N N M 1 Q fo u oU-) C) p1 1 J I 4� ' ♦� cp 1 l � 3�� c�0 • • 1 U3 f +x � r' 0 O L.L.. Jd ±� Co � .� � �t a' c • • �r � e M1`j'+`� �� • � Z` i � f �rsV • 1 i5 i � dark j���A i • • • fksY�h�Rw �ryF F M ' e r t ` _ y SuA iL? �MjM, 11 4 �e ..iC0.i�VI� h . )� �.. 01 • I� N N N M Q fo u oU-) C) p1 W W ' ♦� cp 'd d c�0 o U3 U 0 to 0 0 N ri n N N oU-) I` — O 'd Q c�0 o O L.L.. Jd ±� Co � .� � tQA a-+ � 4J to 0 0 N ri n Agenda Item No. 16B2 May 8, 2007 Page 1 of 14 EXECUTIVE SUMMARY Recommendation to approve an amendment to the Developer Contribution Agreement with Calusa Pines Golf Club, LLC., (Developer) and Collier County (County) to continue to accumulate right -of -way for the Tree Farm Road, Woodcrest Drive and Massey Street alternative roadway project. (Project) OBJECTIVE: To obtain BCC approval of an amendment to the Developer Contribution Agreement attached to this Executive Summary to accept a right -of -way donation for the construction of the Project. The goal of the roadway project is to mitigate development impact by master planning the design, access, water management and timing of the construction of a grid system that provides primary and secondary access to developments in the area. This will also meter and distribute existing and future background traffic to predetermined signal locations and provide congestion relief and emergency access. CONSIDERATIONS: The Tree Farm Road, Woodcrest Road and Massey Street project is located along the section lines parallel to Immokalee Road, Collier Boulevard and Vanderbilt Beach Road. The development of this roadway project will significantly improve circulation and provide relief to the adjacent arterial network. The project is an innovative and new approach the County is applying by monitoring existing and potential development along with master planning the roadway in conjunction with the timing of the surrounding private projects. The Calusa Pines Development has modified its timing, design and has coordinated with the County and future development in the area to participate in the roadway project. The County has determined through the design process an additional portion of right of way is needed for the project. The Developer has fully cooperated with the request to provide the right of way and the County has extended the payment deadline to facilitate the request for additional right of way. The developer has agreed to donate an additional 0.32 acres of right -of -way valued at approximately $50,000. The development does not require rezoning and is participating outside of any requirement for BCC development approval. FISCAL IMPACT: The County would realize a net savings of approximately $50,000 for the additional right of way. GROWTH MANAGEMENT IMPACT: The alternative roadway grid system project is consistent with the GMP and is consistent with the County's long range Transportation needs. LEGAL CONSIDERATIONS: The proposed Agreement was prepared by the Office of the County Attorney and is legally sufficient. -JAK RECOMMENDATION: That the Board of County Commissioners approves the Developer Contribution Agreement Amendment to facilitate the roadway project. Prepared By: Nick Casalanguida, Director of Transportation Planning Attachments: 1) Amendment to the Developer DCA; 2) Right -of -way Exhibit; 3) Warranty Deed; 4) Locus Map; 5) Prior Agreement Page I of 1 Agenda Item No. 16[32 May 8, 2007 Page 2 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS - Item Number: 1682 Item summary: Recommendation to approve DCA between Calusa Pines and Collier County for ROW and corner of Tree Farm Road and Woodcreol Road. Meeting Dale: 5102067 9:00:00 AM Prepared By Nick Casalanmuls MPO Director Data Transportation Services ToinspotlaOion Planning V2312007 11:08:20 AM Approved By Nick Casale nguide MPO Director Date Transportation Services Transportation Planning 4112120078:05 AM Approved By Jeff Klatzkow, Assistant County Attorney Data County Attorney County Attorney Office 4123120071:37 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Tmuspartatlon Services TECM -ROW 412312072r37 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Data Transportation Services Transportation Services Armin. 4124120071047 AM Approved By Sharon Newman Accounting Supervisor Data Transportation Services Transportation Services Armin 4124120078:07 PM Approved By Pot Lehnbard Executive Secretary Date Transportation Services Transportation Services Admin 412 512 007 10:46 AM Approved By OMB Coordinamr Administrative Assistant Date County Managers Office Office of Management B Budget 412612007 7:47 AM Approved By Mark lsackson Budget Analyst Data County Managers Office Office of Management is Budget 51112007 12:48 PM Approved By James V. Mudd County Manager Data Board of County County Manager's Office 51112007 6:25 PM COmmlaslonera file: 11Ct\AgendaTest \Export\82 -May %208, %202007\I6.a / 20C0NSENCa /a20AGENDA \I6B.... 5/22009 Agenda Item No. 1682 May 8, 2007 Page 3 of 14 DEVELOPER CONTRIBUTION AGREEMENT CALUSA PINES THIS AGREEMENT (" Agreement ") is made and entered into this 2.ft�� day of �vern� x- 2005, by and between Calusa Pines Golf Club, LLC, a Florida limited liability company hereinafter referred to as "Developer," whose address is 33 North Dearborn Street, Suite 1610, Chicago, Illinois 60602, and The Board of County Commissioners of Collier County, Florida, as the governing body of Collier County, hereinafter referred to as "County." RECITALS: WHEREAS, Developer has legal control over or is the owner of approximately 530 acres of property in unincorporated Collier County, Florida, on which 530 residential units will be constructed which is the site of a Development ]mown as Calusa Pines (hereinafter referred to as the 'Development' j, which Development is identified in the map attached as Exhibit "A "; and WHEREAS, Developer is of land valued at approximately S, WHEREAS, Develo 's ratio ass in Habitat for Humanity parc 1 t on o d rp est vi desire and need to increase o WHEREAS, the 55- roadway system allowing ately 5,000 to Immokalee Road and Coll ard; and to County approximately 4.3 acres f-way and utility purposes; and access and utilities to the assisting the County in its arty; and in constructing a by -pass to avoid the intersection of WHEREAS, this Agr �s ctured t at adequate public facilities are available to serve the Development a impacts of the Development occur on the public facilities, and specifically to r transportation facilities needed to serve this Development shall be in place or under actual construction within 3 years after the County approves a building permit or its functional equivalent that results in traffic generation; and WHEREAS, the parties have agreed to certain terns and conditions set forth below; and WHEREAS, after reasoned consideration by the Board of County Commissioners, the Board finds that the terns and conditions set forth below are in conformity with contemplated improvements and additions to the County's transportation network, and are consistent with both the public interest and with the County's comprehensive plan, and other regulations pertaining to development. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and Page t of 6 w ,-,wA Y � iA w� S oC CS Yw b V ^ ° N Y O ,wi Y Y n �O m T .P rn r w Agenda Item Nog. �116p1332 OR; 3960 PeJAldt l4 valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECUAIS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. Developer shall convey or cause to be conveyed in fee simple to County, free of charge and with no impact fee credit, two 35 -foot strips of land and compensating right of way for turn lanes as described in section 5 of this Agreement below and if necessary shared slope and construction easements on the East and West side of Woodcrest Road as described in Exhibit "B" within sixty (60) days of the date this Agreement is approved by the Board of County Commissioners (hereinafter referred to as the "Effective Date "). This conveyance is to be free and clear of all liens and encumbrances, and made by statutory warranty deed, the form of which is attached hereto in Exhibit "C". The County will be responsible for paying the costs of any tide work and searches, and Developer shall be responsible at all costs for promptly removing or curing any liens, encumbrances, or deficien ' vealed in any title work. Upon receipt, the County shall record.the deed in the iii a County and shall assume the costs associated with the recordation. t to ion, time is of the essence. It is acknowledged that Developer' fgt to promptly con parcel to County, as set forth herein shall result in actual d . In t ages are difficult to ascertain with substantial certainty, e a t Dev Loper 1 pay to County as liquidated damages the sum of $1,000 a 0• y deadline that the warranty deed is not delivered to C un Suc q i 11 paid in place of County's claims for actual damages. .0 ounty, County shall reserve capacity within its transpo system for the D lop is reservation is contingent upon Developer submitting application for a ent within 180 days of the Effective Date. Should Devel to meet this d no fault of its own, this time will be extended an additional Should, fail to meet this plat submittal deadline, the reservation of capacity tLatd of no further force or effect, 15 days following County's written notice of termm eveloper, unless the plat application is filed prior to the expiration of the 15-day written notice period. 3. Developer shall pay its fair share of the construction costs, not to exceed $500,000 to modify the drainage improvements along Massey Road to accommodate the development stormwater and roadway stormwater as set forth in Exhibit "D ". In the alternative, the Developer may construct at its sole cost and expense, an open channel designed to meet the regional drainage requirements established by the County. The design of the open channel is subject to County approval. The County shall seek a fair share reimbursement from other future developments utilizing the drainage improvement. 4. Access to the Developer's property on Woodcrest Drive will be master planned through Collier County and its consultant. Page 2 of 6 Agenda Item No. 1662 OR: 3960 F �e 5. In order to prioritize the through movements on Woodcrest Road, Massey Road, and Tree Farm Road, right and left turn lanes will be required Developer will provide all needed right -of -way for these turn lanes to the County, free of charge and with no impact fee credit. 6. County will have the option to purchase a strip of land within the area defined in Exhibit "E" to accommodate an additional turn lane if later deemed by County to be warranted. To exercise this option, County will hand deliver written notice to Developer, which notice will include a statement of intent to exercise the option, a copy of this Agreement, and a legal description of the strip of land to be purchased for the additional turn lane. Within 60 days of receipt of such notice, Developer will convey the requested land to County. This conveyance will be free and clear of all liens and encumbrances, and made by statutory warranty deed. County will pay the costs of any title work and searches, and Developer shall pay all costs for promptly removing or curing any liens, encumbrances, or deficiencies revealed in any title work. Upon receipt of the deed, County will pay Developer a sum equal to $100,000 per acre multiplied by the actual acreage purchased, and County shall record the deed in the Public Records of the County and shall assume the costs associat ' the recordation. County acknowledges that this agreed upon purchase price is w r market value of the property and is an additional benefit to Count non th the land and is substantial consideration for County enteri this Agreement. �' 7. Should a Woodcrest Road, Devel and construction of the t of Immokalee Road and with respect to the design 8. At the earli plat approval or mo n plat submittal to County, Developer shall prepay to Co ne -half (1/2) of ated Road Impact Fees for the Development. Upon paym ese fees, Develo ve a Certificate of Adequate Public Facilities ( "Certificate) v Develo to construct 530 residential units solely for the purposes of meeting sLTe ion Concurreucy requirements. Final calculation of the remaining road and o fees due will be based on the impact fee schedule in effect at the time of the issuance of building permits for the 530 units. Payment of these fees vests the development entitlements for which the Certificate applies on a continuous basis for three years unless otherwise relinquished. This initial 50 percent impact fee payment is non - refundable after payment and receipt of the Certificate. 9. Not later than 90 days prior to the expiration of the three -year period for the Certificate, the County shall notify Developer via registered mail of the remaining balance due for the estimated transportation impact fees up to 50 percent, based on level of building permits already issued. The balance of the impact fees due will be calculated at the rate schedule then currently applicable. The Developer may elect to pay the balance of the estimated transportation impact fees for the entitlements for which the Certificate applies or modify the Certificate to a lesser entitlement and calculate the balance of the transportation impact fees on the revised entitlements. The Certificate shall be modified to include only the entitlements for which the estimated transportation impact fees are paid. Once the balance of the estimated transportation Page 3 of 6 Agenda Item No. 1662 OR. 3460 Freel impact fees are paid, those estimated fees are non - refundable. The Certificate runs continuously with the land in perpetuity after all estimated transportation impact fees have been paid. As building permits are drawn down on the entitlements, the estimated transportation impact fees already paid shall be debited at the rate of the impact fees in effect at the time of utilization. It shall be Developer's or a subsequent record titleholder's (of all or a portion of the Property, i.e. lot/tract purchaser) obligation to notify the County that a credit is available, each time a building permit is applied for. If the estimated transportation impact fee account becomes depleted, the Developer shall pay the currently applicable transportation impact fee for each building permit in full prior to its issuance. In the event that upon build -out of the Development estimated transportation impact fees are still unspent, the remaining balance of such estimated fees may be transferred to another approved project within the same, or adjacent transportation impact fee district, provided any vested entitlements associated with the unspent and transferred transportation impact fees are relinquished and the Certificate is modified to delete those entitlements. 10. To help meet the Developer agrees that no Certifica 2007. / 11. The burdens binding upon, and the bend parties to this Agreement, provided herein, this Agree r the parties hereto or by their 12. Developer ac ges that the fail[ condition, term or restriction relieve either the assigns, of the necessity of comp ' any law permitting requirements, conditions, sire concurrency management needs, on any of the units until April 1, t n to purchase), shall be ccessors in interest to the ). Except as otherwise mutual written consent of ent to address any permit, ner, or their successors or regulation governing said 13. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a matmer which best reflects the intent of this Agreement. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 14. Developer shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. Developer shall pay all costs of recording this Agreement. A copy of the recorded document will be provided to the Developer upon request. Page 4 of 6 Agenda Item No. 1682 May 8, 2007 OR; 3960 W. 1410 15. This Agreement shall be governed by and construed under the laws of the State of Florida The parties shall attempt in good faith to resolve any dispute concerning this Agreement through negotiation between authorized representatives. If these efforts are not successful, and there remains a dispute under this Agreement, the parties shall first use the County's then current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may then file an action in the Circuit Court of Collier County, which shall be the exclusive venue with respect to any disputes arising out of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: DWIG _ :4 )3ROCK, Clerk f� c, ���Ly\ (Aj �j� �• 1 � �'� Ti Name: STATE OF FLO JDA COUNTY OF BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, cli' W. LCC, a Florida limited The foregoing instrument was acknowledged before me this 1 day of D�Q nr 2005, by Gary V. Chens�ff, as Mana ' Member of Calusa Pines, LLC, a Florida limited liability company, who is� personally kttown tom or [ ]has produced driver's Iicense no. as identification. ftftotF (S a�ar�p1&2av t�Onxnkdon f 00192331 aev:,:: „xntwul My Commission Expires: 17/"' ILW7 Page 5 of 6 -- Agenda Item No. 16132 OR; 3960 FQaeji��4 and legal sufficiency: Attorney n r \ HE CtiR1 j" Page 6 of 6 L. Y a 0 ut i S i ii THE SOUTHWEST CORNER OF SECTION 25 -48-26 DESCRIPTION: Agenda Item No. 16B2 SCALE IN FEET )F 25 -48 -26 LINE TABLE LINE BEARING L7 9'49'28 "E L2 S89'4 ' L3 1'55 "E N45.04' L4 S71'39'03 "E L5 S89'49'28 "E L6 SOTI8'36 "E A PARCEL OF LAND LOCATED IN SECTION 25, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND RUN SOUTH 89'49'28" EAST ALONG THE SOUTH LINE OF SAID SECTION 25, A DISTANCE OF 50.05 FEET TO THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING RUN NORTH 0218'36' WEST, A DISTANCE OF 130.12 FEET; THENCE SOUTH 69'49'28" EAST, A DISTANCE OF 5.00 FEET; THENCE SOUTH 28'21'55' EAST, A DISTANCE OF 68.30 FEET; THENCE SOUTH 71'39'03" EAST, A DISTANCE OF 46.09 FEET; THENCE SOUTH 82'26'28" EAST, A DISTANCE OF 115.73 FEET; THENCE SOUTH 89'49'28" EAST, A DISTANCE OF 45.04 FEET; THENCE SOUTH 02'18'36" EAST, A DISTANCE OF 40.04 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 25; THENCE THENCE NORTH 89 '49'28" WEST, ALONG THE SOUTH LINE OF SAID SECTION 25, A DISTANCE OF 240.23 FEET TO THE SAID POINT OF BEGINNING. PARCEL CONTAINS 13,737.93 SQUARE FEET OR 0.32 ACRES, MORE OR LESS. NOTES: 1. THIS IS NOT A SURVEY. 2. BEARINGS ARE BASED ON THE SOUTH LINE OF THE SECTION 25 AS BEING SOUTH 69'49'28" EAST. 3. SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS OF RECORD. 2350 STANFORD COURT NAPLES, FLORIDA 34112 PHONE (239) 434 -0333 FAX (239) 434-9320 E.B. 0642 i L.B. 0542 SURVEYOR'S CERTIFICATION: Barry E. Siren (For the Firrn L90642) Professional Land Surveyor Florida Certificate No. 5365 Dote Signed: Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper. SKETCH CALUSA PINES GOLF CLUB, LLC FEB 2007 1 20055748 1 25 -48-26 1 AS SHOWN 1 1 OF 1 I I I } { PROJECT NAME: PARCEL NO(S): PARENTTRACT FOLIO NO. WARRANTY DEED THIS WARRANTY DEED made this day of 2o_, by, (hereinafter referred to as "Grantor) whose post office box is ]ADDRESS] to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 33DI Tamiami Trail East, Naples, Florida, 34112 (hereinafter referred to as - Grantee"). (Wherever used herein the terms 'Grantor' and 'Grantee' Include all the parties to this instrument and their respective heirs. legal representatives, successors and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, convoys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit See Attached Exhibit 'A' which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. This is NOT the Homestead property of the Grantor. TOGETHER with all the tenements, heraditaments 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 authodty to sell and convey said land; that the Grantor hereby fully warrants the title to said land and wig defend the same against the lawful claims of all persons whomsoever, and that said land is tree of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. WITNESSES: (Signature) (Print Full Name) (Signature) (Print Full Name) By: [GRANTOR NAME] 1 7 4= � w1 Y W Y i iq v, r � � tiV i w R: a *qK 5S tt� Agenda Item No. 1662 May 8, 2007 Page 12 of 14 FIRST AMENDMENT TO DEVELOPER CONTRIBUTION AGREEMENT CALUSA PINES THIS FIRST AMENDMENT TO DEVELOPER CONTRIBUTION AGREEMENT Calusa Pines ( "First Amendment "), is made and entered into this day of , 2007, by and between Calusa Pines Golf Club, L.L.C, a Florida limited liability company hereinafter referred to as "Developer," whose address is 33 North Dearborn Street, Suite 1610, Chicago, Illinois 60602, and The Board of County Commissioners of Collier County, Florida, as the governing body of Collier County, hereinafter referred to as "County." RECITALS: WHEREAS, Developer and County entered into the Developer Contribution Agreement dated November 29, 2005, recorded in Official Records Book 3960, Pages 1146 -1160 in the Official Records of Collier County, Florida ( "DCA "); and WHEREAS, the County has determined that it needs additional right -of -way from the Developer for the Construction of a by -pass road, which right -of -way County estimates has a fair market value of $50,000; and WHEREAS, Developer is willing to donate at no cost to County the additional road right - of -way in exchange for (1) the ability to extend required Transportation Impact Fee payments to January I, 2008, (2) the option to lessen the number of residential units Developer can vest, and (3) a written acknowledgment by the County that Developer has fully satisfied its on -site and off -site transportation requirements to pay for sidewalks and bike lanes adjacent to County roads, which has always been the understanding between the parties; and WHEREAS, the Developer's additional donation will assist the County in constructing a by -pass roadway system allowing approximately 5,000 — 7,000 vehicle trips to avoid the intersection of Immokalee Road and Collier Boulevard; and WHEREAS, the parties have agreed to certain terms and conditions set forth below; and WHEREAS, after reasoned consideration by the Board of County Commissioners, the Board finds that the terms and conditions set forth below are in conformity with contemplated improvements and additions to the County's transportation network, and are consistent with both the public interest and with the County's comprehensive plan, and other regulations pertaining to development. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. Page 1 of 3 Agenda Item No. 1682 May 8, 2007 Page 13 of 14 2. Developer shall convey or cause to be conveyed in fee simple to County, free of charge and with no impact fee credit, the property described in Exhibit "A" to the First Amendment no later than September 30, 2007. This conveyance is to be free and clear of all liens and encumbrances, and made by statutory warranty deed, the form of which is attached hereto in Exhibit `B ". The County will be responsible for paying the costs of any title work and searches, and Developer shall be responsible for all costs for promptly removing or curing any liens, encumbrances, or deficiencies revealed in any title work. Upon receipt, the County shall record the deed in the Public Records of the County and shall assume the costs associated with the recordation. With respect to this provision, time is of the essence. It is acknowledged that Developer's failure to promptly convey the parcel to County, as set forth herein, shall result in actual damages to County. In that actual damages are difficult to ascertain with substantial certainty, the parties agree that Developer shall pay to County as liquidated damages the sum of $1,000 per day for each day past the above 60 -day deadline the warranty deed is not delivered to County. Such liquidated damages will be paid in place of County's claims for actual damages. 3. Paragraph 8 of the DCA is amended as follows: "At the earlier of plat approval or January 1, 2008. ° FAeaths af4eF plat sabmit te Ceamy, Developer shall prepay to County one -half (1/2) of the County's estimated Road Impact Fees for the Development. Upon payment of these fees, Developer shall receive a Certificate of Adequate Public Facilities ( "Certificate ") vesting the Developer's Project to construct up to 530 residential units solely for the purposes of meeting the County's Transportation Concurrency requirements. Final calculation of the remaining road and other impact fees due will be based on the impact fee schedule in effect at the time of the issuance of building permits for the up to 530 units. Payment of these fees vests the development entitlements for which the Certificate applies on a continuous basis for three years unless otherwise relinquished. This initial 50 percent impact fee payment is non - refundable after payment and receipt of the Certificate." 4. The County acknowledges that the Developer has fully satisfied its on -site and off -site transportation requirements to pay for sidewalks and bike lanes adjacent to County roads. 5. Except as modified by this First Amendment, the DCA remains in full force and effect. If there is a conflict between the terms of the First Amendment and the DCA, the terms of the First Amendment shall prevail. 6. Developer shall execute this First Amendment prior to it being submitted for approval by the Board of County Commissioners. This First Amendment shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this First Amendment. Developer shall pay all costs of recording this First Amendment. A copy of the recorded document will be provided to the Developer upon request. 7. This Agreement shall be governed by and construed under the laws of the State of Florida. The parties shall attempt in good faith to resolve any dispute concerning this Agreement through negotiation between authorized representatives. If these efforts are not successful, and there remains a dispute under this Agreement, the parties shall first use the County's then current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either Page 2of3 Agenda Item No. 16132 May 8, 2007 Page 14 of 14 party may then file an action in the Circuit Court of Collier County, which shall be the exclusive venue with respect to any disputes ari sing out of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: DWIGHT E. BROCK, Clerk By: WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, In JAMES COLETTA, Chairman CALUSA PINES, LCC, a Florida limited liability company Gary V. Chensoff Managing Member The foregoing instrument was acknowledged before me this day of , 2007, by Gary V. Chensoff, as Managing Member of Calusa Pines, LLC, a Florida limited liability company, who is [ ] personally known to me, or [ ] has produced driver's license no. as identification. (SEAL) as to A. County Attorney NOTARY PUBLIC (Type or Print) My Commission Expires: Page 3 of 3 Agenda Item No. 16133 May 8, 2007 Page 1 of 10 EXECUTIVE SUMMARY Recommendation to approve an Easement Agreement for the purchase of a Drainage, Utility and Pathway Easement, as well as the donation of a Temporary Construction Easement, required for the six - laning of Collier Boulevard from US -41 to Davis Boulevard (Capital Improvement Element No. 33, Project No. 60001). Estimated fiscal impact: $969,754. OBJECTIVE: To secure easements required for the expansion of Collier Boulevard from four lanes to six by purchasing a drainage, utility and pathway easement along the westerly boundary of the 207 acre property owned by the City of Marco Island and used as the city's chief source of raw water for subsequent treatment and conversion into potable water. CONSIDERATIONS: The treatment capacity of the existing ditch, located within the right -of- way along the east side of Collier Boulevard, must be expanded as part of the Environmental Resource Permit requirements for the six - laning of this project. In order to widen the ditch to accommodate the required area for stormwater retention and treatment, an easement is required beyond the existing right -of -way from the property known as "Marco Lakes." In addition, as part of the pathways master plan for the County, a portion of which has been incorporated into the Collier Boulevard six -laning project, a 10 foot wide, multi - purpose, intermodal pathway is being constructed along this section of Collier Boulevard. Additional easement rights are required for this improvement as well. The Marco Lakes property was appraised by an independent real estate appraiser on June 6, 2006, at $7.00 per square foot. Compensation for the easement was estimated to be 90% of the market value of the real estate. At 148,845 square feet, the estimate of compensation for the easement rights came to $937,800. The replacement cost of the improvements located within the easement (2,241 linear feet of chain link fencing, with three strand security wire, a 20 foot roll gate, and 1,085 square feet of asphalt pavement) brought the compensation figure to $969,700. In addition to the perpetual easement being sold to the County, the City is granting the County a 0.9385 acre Temporary Construction Easement at no charge. FISCAL IMPACT: The total expenditure for both easements and recording fees is $969,754.00 which will be funded by Transportation Supported Gas Tax and Impact Fees. GROWTH MANAGEMENT IMPACT: As part of the County's Capital Improvement Element, the six-lane improvements to Collier Boulevard from US -41 north to the Golden Gate Main Canal (Project No. 6000 1) are an integral part of Collier County's Growth Management Plan. Agenda Item No. 1683 May 8, 2007 Page 2 of 10 RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: 1. Approve the attached Easement Agreement; 2. Authorize its Chairman to execute the Easement Agreement; 3. Authorize the County Manager or his designee to close the real estate transaction with the City as contemplated by said Easement Agreement; 4. Accept the real property conveyed thereby; 5. Authorize staff to record the instruments of conveyance in the public records; and 6. Authorize any budget amendments which may be required in order to implement the collective will of the Board. Prepared by: Kevin Hendricks, Right -of -Way Acquisition Manager, TECM Attachment: Purchase Agreement w/ Exhibits "A" and `B" Page 1 of 1 Agenda Item No. 1683 May 8, 2007 Page 3 of 10 file: / /C:\AgendaTest \Export\82 -May / 208, %202007\ 16.%2000NSENT° /.20AGENDA \1613 ... 5/2/2007 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16B3 Recommendation to approve an Easement Agreement for the purchase of a Drainage, Utility Item Summary: and Pathway Easement, as well as the equation of a Temporary Construction Easement, Boulevard from US -41 to the Davis Boulevard (Capital required for the six- laning of Collier Improvement Element No 33, Protect No 60001). Estimated fiscal Impact $969,754. Meeting Date: 5/612007 9'00:00 AM Prepared By Kevin Hendricks Right Of Way Acquisition Manager Data Transportation Services TECM -ROW V23120075:45:11 PM Approved By Kevin Hendricks Right Or Way Acquisition Manager Data Transportation Services TECM -ROW W3012007 11 i66 AM Approved By Marlene Massa. Right of Way Manager Oats Transportation Engineering & 41241200) 9:40 AM Tmnspnrtedon Services Construction Management Approved By Norm E. Fader, AICP Transportation Division Administrator Data Tonsp.Hob.n Services Transportation Services Armin, 412412007 10:48 AM Approved By Sharon Newman Accounting Supervisor One Transportation Services Transportation Services Armin 412412007 8:15 PM Approved By Najeh Ahmed Director Date Transportation Engineering 8 412512007 11:14 AM -- Transportation Servlces Construction Management Approved By Lisa Taylor Marigemeolfiudget Analyst Data Transportation Services Transportation Administration 412512007 2:23 PM Approved By Pat Lehnhard Executive Secretary Data Transportation Services Transportation Services Armin 412512007 3:48 PM Approved By OMB Coordinator Administrative Assistant Data County Managers Office Office of Management & Budget 412612007 7:46 AM Approved By Susan Usher Senior ManogementlBudget Analyst Date County Managers OVI Office of Management & Budget 412)1200) 1:11 PM Approved By Michael Smykowskl Management & Budget Director oat. County Managers Office Office of Management & Budget V2912007 8:23 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Ortce 413012007 4:35 PM Commissioners file: / /C:\AgendaTest \Export\82 -May / 208, %202007\ 16.%2000NSENT° /.20AGENDA \1613 ... 5/2/2007 Agenda Item No. 1683 May 8, 2007 Page 4 of 10 PROJECT: Collier Boulevard 60001 PARCEL No(s): 803 / 703 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of 20_, by and between CITY OF MARCO ISLAND, a municipal corporation organized under the laws of the State of Florida, whose mailing address is 50 Bald Eagle Drive, Marco Island, Florida 34145 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser requires a Perpetual Non - exclusive Drainage, Utility and Pathway Easement (Parcel No. 803) over, under, upon and across the lands described in Exhibit "A," which is incorporated herein by reference, for the purpose of construction, installation and maintenance of facilities, excluding roadway facilities, but including, without limitation, a multi - purpose, intermodal pathway, sidewalk, drainage and utility facilities, including but not limited to ditches, swales, earthen berms, rip -rap and retaining wall systems, underground pipes, various types of water control structures, and any and all manner of public and private utility facilities over, under, upon and across the lands described in Exhibit "A" which is incorporated herein by reference; and WHEREAS, Purchaser requires a Temporary Construction Easement (Parcel No. 703) for temporary entry over, under, upon and across the lands described in Exhibit "B," which is incorporated herein by reference; and WHEREAS, Parcels 703 and 803 are hereinafter collectively referred to as "Easements;" and WHEREAS, Owner desires to convey the Easements to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Easements. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Easements to Purchaser for the sum of $969,700.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing "). Said payment to Owner, payable by County Warrant, shall be full compensation for the Easements conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owners remaining lands, costs to cure, and all other damages in connection with conveyance of said Easements to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and /or qualifications encumbering the Easements, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easements upon their recording in the public records of Collier County, Florida. Owner shall cause to be delivered to Purchaser the items specified herein and the following documents and Easement Agreement Agenda Item No. 16133 Page 2 May 8, 2007 Page 5 of 10 instruments duly executed and acknowledged, in recordable form (hereinafter referred to as "Closing Documents ") on or before the date of Closing: (a) Perpetual Non - Exclusive Drainage, Utility and Pathway Easement (Parcel B03); (b) Temporary Construction Easement (Parcel 703); (c) Closing Statement; (d) Grantors Non - Foreign, Taxpayer Identification and "Gap" Affidavit; (e) W -9 Form; and (f) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser, Purchaser's counsel and /ortkle company. 4. Both Owner and Purchaser agree that time is of the essence of this Agreement and that, therefore, Closing shall occur within ninety (90) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchasers enjoyment of the Easements. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a form acceptable to Purchaser. 5. Owner and Purchaser agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 6. Owner is aware and understands that the 'offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 7. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easements, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) Purchaser's acceptance of the Easements shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner or Purchaser to be performed pursuant to the provisions of this Agreement. (c) No party or person other than Purchaser has any right or option to acquire the Easements or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easements or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easements, 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. Easement Agreement Agenda Item No. 1663 Page 3 May 8, 2007 Page 6 of 10 (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easements. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Easements or which materially and adversely affect Owner's ability to perform hereunder, nor is there any other charge or expense upon or related to the Easements which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. (g) Purchaser is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easements to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easements and not to do any act or omit to perform any act which would change the physical condition of the property underlying the Easements or the governmental ordinances or laws governing same. (h) To the best of Owners knowledge, the property underlying the Easements, and all uses of the said property, have been and presently are in compliance in all material respects with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the property underlying the Easements except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easements to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easements; b) any existing or threatened environmental lien against the property underlying the Easements; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easements. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. Purchaser shall pay all fees to record any curative instruments required to clear title, all recording fees, and any and all costs and /or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easements; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien- holder or other encumbrance - holder for the protection of its security interest or as consideration for the execution of any release, subordination or satisfaction, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. 10. Conveyance of the Easements from Owner to Purchaser, in and of itself, shall not operate to require Owner to file a new Site Development Plan (SDP) for future development of the property. Furthermore, Purchaser is not acquiring a right -of -way easement, but rather an easement only for those purposes set forth above and the Easements shall not be construed or characterized by Collier County's Community Easement Agreement Agenda Item No. 1683 Page 4 May 8, 2007 Page 7 of 10 Development and Environment Services Division as right -of -way thereby affecting existing or future setbacks. 11. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and /or assignees, whenever the context so requires or admits. 12. To the extent permitted by law and without waiving the sovereign immunity protections afforded it under Section 768.28, Florida Statutes, Purchaser shall indemnify, defend, save and hold harmless Owner, the Owner's officers, agents and /or employees from and against any suits, demands, claims, liability, losses, penalties, damages, judgments, order, decrees, and costs and expenses (including attorneys' fees and all costs of litigation) for property damage, liability, or death which may result from any willful misconduct or negligent act, error, or omission of the Grantee which occurred or is alleged to have occurred concerning the use by Grantee of the Easements and the easement areas described therein. This provision shall survive the Closing and conveyance of the Easements by Owner to Purchaser. 13. Conveyance of the Easements, or any interest in the property underlying the Easements, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or consensual cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and Purchaser. 14. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 15. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: FDTA ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form and Legal sufficiency: lien T. Chadwell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James Coletta, Chairman Easement Agreement AS TO OWNER: DATED: —9 -1 v - 0 7 ATTEST: Laura Litza City Clerk Approved as to form and Legal sufficiency: Rica b.Yovanfich, City Attorney Agenda Item No, 16B3 Page 5 May 8, 2007 Page 8 of 10 CITY F MFyR I ND, FLORIDA BY: � c _ Mic a F. i i, Jr., rman i Parcel 803 \.a EX, L 64T pe \. ' A.E. O.R. BOOK 1970 PAGES 1664 -1668 O h n O o ,ri w e < v w ; N m N n 61 In n n In Z n m 35' Agenda, Item N ( : 1 Legal Description May q, G A portion of Section 34, Township 50 Srfal e C Range 25 East, and Section 3, Township $511�� South, Range 26 East, Collier Coounty, Florida and a portion of the lands described in Official Records Book 1970, Page 1667 of the Public Records of Collier County, Florida, being more particularly described as follows. Commencing at the southeast corner of i Section 34, Township 50 South, Range 26 35.00 N54'20'41 "W East, Collier County, Florida; thence North r i Ux- i i Section 34, a distance of 3449.84 feet; i i thence leaving said line North 89'08'32" West. i a distance of 498.27 feet to a point 35.00 i 1S i feet southeasterly of the southeasterly i i right -of -way line of Collier Boulevard being '\ i BEGINNING: thence South 35'38'59" West. o i r distance of 4,265.03 feet to a point on the Pt)C i i S.E. CORNER OF i i PARCEL j 80 O h n O o ,ri w e < v w ; N m N n 61 In n n In Z n m 35' Agenda, Item N ( : 1 Legal Description May q, G A portion of Section 34, Township 50 Srfal e C Range 25 East, and Section 3, Township $511�� South, Range 26 East, Collier Coounty, Florida and a portion of the lands described in Official Records Book 1970, Page 1667 of the Public Records of Collier County, Florida, being more particularly described as follows. 0 1W mo .W eoo GRAPHIC SCALE Rev 1) Revised bearing distance 05/06 A PORTION OF, S 34, T 50 S., R 26 E., & S 3, T 51 S., R 26 E., CCS00 I TaO I DJ8 IC -41. Containing 3.417 acres, more or less. LINE TABLE Commencing at the southeast corner of I LENGTH I BEARING Section 34, Township 50 South, Range 26 35.00 N54'20'41 "W East, Collier County, Florida; thence North 42.62 Seg'OB' 2 "E 00'51'28" East olong the East line of said y Section 34, a distance of 3449.84 feet; r thence leaving said line North 89'08'32" West. \ a distance of 498.27 feet to a point 35.00 \ feet southeasterly of the southeasterly `\ right -of -way line of Collier Boulevard being '\ 175.00 feet in width and the POINT OF BEGINNING: thence South 35'38'59" West. o distance of 4,265.03 feet to a point on the Pt)C south line of said described lands; thence S.E. CORNER OF North 54'20'41" West along said south line, a SECTION 34 distance of 35.00 feet to the southeasterly TOWNSHIP 50 SOUTH right -of -way line of said Collier Boulevard: RANGE 26 EAST thence North 3538'59" East olong said southeasterly right -of -way line, a distance of 4,240.70 feet to its intersection with the north line of said described lands; thence South 89'08'32° East along said north line, a distance of 42.62 feet to the POINT OF BEGINNING. 0 1W mo .W eoo GRAPHIC SCALE Rev 1) Revised bearing distance 05/06 A PORTION OF, S 34, T 50 S., R 26 E., & S 3, T 51 S., R 26 E., CCS00 I TaO I DJ8 IC -41. Containing 3.417 acres, more or less. LINE TABLE LINE I LENGTH I BEARING L141 35.00 N54'20'41 "W L142 42.62 Seg'OB' 2 "E NOTES: 1. This is not o survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E. Florida State Plane Coordinates NAD 8J/90, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof, 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 1J. F.P.L.E, represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. DAVID J. H ATT, .S.M.. (FOR -THE FIRM) FLA. LIC. 0. 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. ILiveM, a� N6015 -S00 -001 I 803 A XIIC -41 5B3 0 f10 A.E. O.R. BOOK 1970 PAGES 1664 -1668 Parcel 703 ;HIBIT B Id�JOf�� \ POC /) S.E. CORNER OF J SECTION 34 TOWNSHIP 50 SOUTH RANGE 26 EAST I PARCEL 703 I 25' 169 j n j ^ o ,00 aao .00 eao 3 GRAPHIC SCALE }"S 1 '4143 Rev 2)) Revised bearing direction 05/06 Rev 1) Revised per Ch2mhill design changes 05/06 CHMIIL 4/06 SKETCH & DESCRIPTION OF PARCEL 703 A PORTION OF, S 34, T 50 S., R 26 E., & S 3, T 51 S., R 26 E., Legal Description May A portion of Section 34, Township 50 South, R &rr@ ®B 26 East, and Section 3, Township 51 South, Range 26 East, Collier Coounty, Florida and a portion of the lands described in Official Records Book 1970, Page 1667 of the Public Records of Collier County, Florida, being more porliculerly described as follows. Commencing at the southeast corner of Section 34, Township 50 South, Range 26 East, Collier County, Florida; thence North 00'51'28' East along the East line of said Section 34, a distance of 3449.84 feet; thence leaving said line North 89'08'32" West, o distance of 492.18 feet to a point 40 feet southeasterly of the southeasterly right- of -woy line of Collier Boulevard being 175.00 feet in width and the POINT OF BEGINNING; thence South 35'38'59" West, a distance of 1897.93 feet; thence South 54'21'01" East, a distance of 20.00 feet; thence South 3538'59" West, a distance of 977.33 feel; thence North 54'21'01" West, o distance of 20.00 feet; thence South 35'38'59" West, a distance of 1393.25 feet to a point on the south line said described lands; thence North 54'20'41" West along said south line, a distance of 5.00 feet; thence leaving said line North 3538'59" East, a distance of 4,265.03 feet to its intersection with the north line of said described lands; thence South 89'08'32" East along said north line, o distance of 6.09 feet to the POINT OF BEGINNING. Containing 0.9385 acres, more or less. LINE TABLE 0 1. I I BEARING m n -o.n 5.00 S54'20'41 "E L144 6.09 1 569-08-32-E L158 1 20.00 S54' 1' 1" L169 � N54'21'01 °W �mV L168 pia O 0 J N U m n D! ^ n n w is J J I � ai O U ; Parcel 703 ;HIBIT B Id�JOf�� \ POC /) S.E. CORNER OF J SECTION 34 TOWNSHIP 50 SOUTH RANGE 26 EAST I PARCEL 703 I 25' 169 j n j ^ o ,00 aao .00 eao 3 GRAPHIC SCALE }"S 1 '4143 Rev 2)) Revised bearing direction 05/06 Rev 1) Revised per Ch2mhill design changes 05/06 CHMIIL 4/06 SKETCH & DESCRIPTION OF PARCEL 703 A PORTION OF, S 34, T 50 S., R 26 E., & S 3, T 51 S., R 26 E., Legal Description May A portion of Section 34, Township 50 South, R &rr@ ®B 26 East, and Section 3, Township 51 South, Range 26 East, Collier Coounty, Florida and a portion of the lands described in Official Records Book 1970, Page 1667 of the Public Records of Collier County, Florida, being more porliculerly described as follows. Commencing at the southeast corner of Section 34, Township 50 South, Range 26 East, Collier County, Florida; thence North 00'51'28' East along the East line of said Section 34, a distance of 3449.84 feet; thence leaving said line North 89'08'32" West, o distance of 492.18 feet to a point 40 feet southeasterly of the southeasterly right- of -woy line of Collier Boulevard being 175.00 feet in width and the POINT OF BEGINNING; thence South 35'38'59" West, a distance of 1897.93 feet; thence South 54'21'01" East, a distance of 20.00 feet; thence South 3538'59" West, a distance of 977.33 feel; thence North 54'21'01" West, o distance of 20.00 feet; thence South 35'38'59" West, a distance of 1393.25 feet to a point on the south line said described lands; thence North 54'20'41" West along said south line, a distance of 5.00 feet; thence leaving said line North 3538'59" East, a distance of 4,265.03 feet to its intersection with the north line of said described lands; thence South 89'08'32" East along said north line, o distance of 6.09 feet to the POINT OF BEGINNING. Containing 0.9385 acres, more or less. LINE TABLE LINE LENGTH I BEARING L143 5.00 S54'20'41 "E L144 6.09 1 569-08-32-E L158 1 20.00 S54' 1' 1" L169 1 2000 . N54'21'01 °W NOTES: 1. This is not o survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Pone Coordinates NAD 83190, East Zone. J. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. B. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. It. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. DAVID J. HYA , ON. (FOR THE FIRM) FLA. L/C. NO. 56 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND M4PPER This is NOT a Survey. GC800 I T110 I DJH I IC -41 I--- Nef11s- 808 -001 I 703 a xIIC -4^i 16B3 2007 of 10 Agenda Item No. 1684 May 8, 2007 Page 1 of 13 EXECUTIVE SUMMARY Recommendation to approve the purchase of improved property (Parcel Nos. 134 and 135) which is required for the construction of the Vanderbilt Beach Road Extension project. Project No. 60168 (Fiscal Impact: $870,500) OBJECTIVE: To obtain the Board of County Commissioners' approval to purchase improved property, which is required for the construction of the Vanderbilt Beach Road Extension project between Collier Boulevard and Wilson Boulevard. CONSIDERATIONS: On June 6, 2006 the Board of County Commissioners approved Resolution No. 2006 -142 authorizing the acquisition by gift or purchase of property required for the construction of Vanderbilt Beach Road between Collier Boulevard and Wilson Boulevard (Project No. 60168). The subject property (Parcel Nos. 134 and 135) contains 5.01 acres and is improved with a single family home. An independent real estate appraiser has estimated the market value of the property at $815,000. The appraisal was reviewed by the County's Review Appraiser, who has determined that the appraisal complies with the Uniform Standards for Professional Appraisal Practice. The property owner has agreed to sell the property to the County at the appraised cost approach value of $866,000, and the right to rent the property up to 2 years for $12 a year. FISCAL IMPACT: Funds in the amount of $870,500 will come from the Transportation Supported Gas Tax Fund and Impact Fee Funds. (Total amount includes the $866,000 purchase price and $4,500 for the approximate cost of title insurance, closing fees and recording fees.) Source of Funds are Gas Taxes and Impact Fees. 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 the County Manager or his designee to record same in the public records of Collier County, Florida; and 5. Approve any and all budget amendments required. Prepared by: Margaret Kreynus, Senior Property Acquisition Specialist, TECM Attachment: (1) Purchase Agreement; (2) Aerial Photo Page I of 1 Agenda Item No. 16B4 May B, 2007 Page 2 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS _ Item Number: 1684 Item Summary: Recommendation to approve the purchase of improved property (Parcel Nos. 134 and 135) which is required for the construction of the Vanderbilt Beach Road Extension Project. Project No 60168 (Fiscal Impact - 5890,500) Meeting Date: 5)81200] 9'00.00 AM Prepared By Margaret Kreynua Property AcquislOan Sud ist Data Transportation Services TECM -ROW V20120071:29:54 PM Approved By Kevin Handdcks Right Of Way Acquisition Monagar Data Transportation Services TECM -ROW 4120120071:53 PM Approved By Nolen Ahmad Director Oat. Transportation Engineering It y231200T 1:20 PM Transportation Services Construction Management Approved By Lisa Taylor Managem.mVB.dget Analyst Data Transportation Servi ces Transportation Administratlon 4123120073A7 PM Approved By Joseph Delate Savior Project Manager Date Transpmlation Engineering suit Transportation Services Construction 4124)2007 8 0 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Data Transportation Services - Transportation Services Admin, 41241200710:54 AM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin V2412007 8:50 PM Approved By Pat Lommard Executive Secretary Data Transportation Services Transportation Services Attain V25120071:47 PM Approved By OMB Coordinator Administrative Assistant Data County Manager's Omc. Office of Management & Budget 412612007 7:55 AM Approved By Susan OSher Senior ManagementlBudget Analyst Data County Manager's Wide Office of Management as Budget 427/200712:48 PM Approved By Michael Smygowzki Managemem & Budget Director Dale County Managers Office Office of Management & Budget 027)20071:17 PM Approved By James V Mudd County Manager Data Board of County County Managers Office 02912007 9:31 AM Cando sinners file: / /C:\AgendaTest \Export\82 -May°/ 208, %202007\16.0/ 2000NSENTo /a20AGENDA \I6B.... 5/2/2007 PROJECT: 60168 PARCEL Nos.: 134 and 135 FOLIO Nos.: 36867000000 and 36867002008 PURCHASE AGREEMENT (For Improved Property) Agenda Item No. 1684 May 8, 2007 Page 3 of 13 THIS PURCHASE AGREEMENT is made and entered into on this _Z0 day Of >�PGIiL , 2007, by and between WILLIAM F. DOMKE AND IDA MAE DOMKE, husband and wife, whose mailing address is 775 25' Street NW, Naples, Florida 34120, (hereinafter referred to as "Seller "), 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 775 25"' Street NW, Naples, Florida. and more particularly described as ALL of Tract 112, LESS the North 110 feet of the East 70 feet thereof, Golden Gate Estates Unit No. 6, according to the plat thereof, recorded in Plat Book 4, Pages 93 and 94, 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 $866,000.00 (U.S. Currency) payable at time of closing. The Purchase Price includes attorney's fees, expert fees and costs. 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 29, 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 Tamiami 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 Agenda Item No. 16134 May 8, 2007 Page 4 of 13 applicable title standards adopted by the Florida Bar and in accordance with law. 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 duty 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: t. 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. 3. A set of keys to fit all locks on the Property. D. 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 Properly is acquired under threat of condemnation, and the cost of recording any instruments necessary to clear Sellers title to the Property. The cost of the Owners 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 miilage is not fixed, taxes will be prorated based upon such prior years millage. Agenda Item No. 1664 May 8, 2007 Page 5 of 13 F. In the event the Seller will occupy the Property after Closing, the sum of twenty-four NO /100 Dollars ($24.00) will be paid out of the Seller's closing proceeds. 4. OCCUPANCY BY SELLER AFTER CLOSING A. Seller may occupy the Property after Closing until March 31, 2009 (the 'Term "). Upon written request of Seller. Purchaser may in its discretion extend Seller's occupancy by providing written notice to Seller. If Seller's occupancy is extended, all terms and conditions of this Purchase Agreement shall remain in effect during Seller's occupancy of the Property. If Seller vacates the Property prior to expiration of the Term or extension thereof, Seller shall provide written notice to Purchaser and this Agreement shall terminate. B. At Closing, the sum of Five Thousand and NO /100 Dollars ($5,000.00) will be deposited into an interest - bearing account as security for any damages suffered by the Property during the Seller's occupancy ( "Security Deposit"). The Security Deposit plus accrued interest will be paid to Seller at the end of its Term of occupancy, provided there has been no damage to the Property caused by the negligence or intentional acts of Seller or anyone acting with Seller's knowledge and consent. Upon the vacating of the Property, the Purchaser will have thirty (30) days to return the Security Deposit or give Seller written notice of Purchaser's intention to impose a claim upon the Security Deposit. In the event Purchaser intends to impose a claim upon a part or all of the Security Deposit, it will provide Seller with an explanation of the damage, an estimate of repair and an accounting of the deposit balance, if any. C. When the Property is partly damaged or destroyed by fire or other casualty not due to Seller's willful or negligent act or that of anyone on the Property with the knowledge or consent (actual or implied), of Seller, Purchaser will make repair as soon as reasonably possible. If the Property is rendered un- inhabitable due to fire, storm or other casualty, then this Agreement shall automatically terminate. Purchaser shall not be liable for any damage or injury to Seller and his or her property by reason of any fire or water damage sustained by Seller and his or her property, or by reason of the breakage, leakage, or obstruction of water and sewer lines or other breakage in or about the Property. D. Seller agrees to pay all utility services as they come due, including electricity, telephone, gas, cable television, water, sewer, and solid waste collection, and shall arrange for a final billing and payment at the time Seller vacates the Property. E. Seller will use the Property only as its primary residence. Seller is prohibited from allowing persons, other than its immediate family members, to reside on the Property. Seller may not assign its rights to occupy the Property or lease or sublet the Property. F. Seller shall maintain the Property, including all Systems and Equipment, in clean and working condition at all times. Seller shall use all Systems and Equipment in a reasonable manner. Seller shall immediately make and pay for all required repairs to the plumbing, range, heating apparatus, washer -dryer, air conditioning, refrigerator, dishwasher and electric and gas fixtures. Purchaser reserves the right to enter upon the Property and repair, at the Seller's expense, all damage or injury to the fixtures and appliances in the event Seller fails to effect repairs after 10 days' notice. Purchaser's election not to effect repairs shall not relieve Seller of its obligation to repair or subject Purchaser to liability for its election. G. Seller shall comply with all governmental regulations concerning the use of the Property and not permit or suffer any illegal activity or use, or permit to be made any disturbance, noise or nuisance whatsoever, which would be detrimental to the peace, quiet and comfort of other persons in the vicinity of the Property, or affect the insurance risk factor to the Property. Agenda Item No. 16B4 May 8, 2007 Page 6 of 13 H. Seller shall permit Purchaser's agent or employee to enter the Property at any reasonable time, upon 24 hours notice, during the term of this Agreement to inspect the Property or make any needed repairs. I. Seller will surrender possession of the Property at the expiration of the Term or any extension thereof in as good a condition as of the Effective Date, reasonable wear and tear and acts of God excepted. Seller shall not remove fixtures or appliances. Any personal property remaining on the Property after expiration of the Term or any extension thereof shall be disposed of by the Purchaser. In the event Seller fails to surrender possession of the Property then Seller shall pay to Purchaser all attorneys fees and costs incurred by Purchaser to remove Seller of its personal property from the Property. J. Seller shall not alter or make additions to the Property without the Purchaser's consent. Seller shall not deface, damage or remove any part of the Property or permit any person to do so. K. DEFAULT. Seller will be deemed in default of this Agreement if Seller fails to perform any of the covenants, promises or obligations contained in this Article for a period of ten (10) days after notice of such default. Upon Seller's default, County may terminate this Agreement upon twenty (20) days written notice to Seller, re -enter and take possession of the Property, whereupon the term thereby granted and all rights of Seller to occupy the Property shall terminate. The Seller shall remain liable for any damage suffered by the Properly because of Seller's breach of any of the covenants of this Agreement, and such termination shall be without prejudice to the Purchasers right to collect said damages. Purchaser and Seller shall have the right to pursue any and all remedies available under this Agreement or applicable law. L. Seller shall be required to maintain insurance on the Property during the entire Term, and any Extended Term, which policy shall include contents coverage of $100,000. premises liability with limits of $300,000, and loss of use coverage. Purchaser will be named as an additional insured and the policy premium for the Term of occupancy will be paid in advance at Closing. Seller will be required to provide a certificate of insurance prior to Closing, and prior to any term of extended occupancy which Purchaser may agree to grant to Seller. M. The terms and conditions contained in this Article shall survive Closing and are not deemed satisfied by conveyance of title. 5. 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. Seller shall notify the County of any dangerous conditions existing on the Property during its occupancy as soon as the condition is known to Seller. 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. Agenda Item No. 16B4 May 8, 2007 Page 7 of 13 6. 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 conveyed 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. 7. 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 Purchasers 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. B. 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 Owners 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 lions evidencing monetary obligations, d 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 good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection, or 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 Agenda Item No. 16134 May 8, 2007 Page 8 of 13 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. 9. 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. Purchasers 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 Sellers 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. 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 Agenda Item No. 16134 May 8, 2007 Page 9 of 13 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 Sellers 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 Sellers 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. 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 Supedund 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. Agenda Item No. 1664 May 8, 2007 Page 10 of 13 10. 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: William F. and Ida Mae Domke 775 25"' Street NW Naples, Florida 34120 Telephone 239 - 455 -3604 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. 11. MISCELLANEOUS A. This Agreement may be executed in any manner of counterparts which 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 Agenda Item No. 16134 May 8, 2007 Page 11 of 13 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.) I. 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. Agenda Item No. 16B4 May 8, 2007 Page 12 of 13 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk AS TO OWNER: DATED: Witness (Signature) /.5fy� G• �c� -GCE Name Print Type) M'. Witness (Si ture) Name (Print or Type) Witness (Signature) Name (Print or Typ Witness (Si ature) F/M&R (LD6Z„WI Name (Print or Type) Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County ttorney Lest Revised: 2/1/07 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES COLETTA, Chairman . • .• io + u. I F 5 ,Re d t �. n y," ■ S�tll'I. z V ■ i f It LL I I "� ■ Uj 1 - R`F r Co P- 5 Ai, A I �y I■ ri F i � r 7 I � Agenda Item No. 16C1 May 8, 2007 Page 1 of 24 EXECUTIVE SUMMARY Recommendation to approve an agreement with Florida International University (FIU) to assess the quality of sediments in Collier County in the amount of $95,453.60 OBJECTIVE: To have the Board of County Commissioners approve the attached staff recommended agreement between the County and Florida International University. CONSIDERATIONS: Florida International University (FIU) will collect, analyze and assess the quality of sediments in Collier County waterways to determine the impacts of land use on the watersheds. Monitoring the quality of sediments is an indicator of chronic impacts from anthropogenic (human) pollutants such as heavy metals, petroleum constituents and pesticides that enter our watersheds and estuaries through stormwater runoff. This comprehensive sediment monitoring plan accommodates three major objectives: 1. To establish a baseline to determine future impacts as growth in Collier County continues. 2. To conduct a site specific survey recommended in the 2002 report to assess changes at the confluence of the Gordon River and North Naples Bay. Collier County funded FIU previously to conduct a sediment study in the estuaries of Collier County. During that study an area of "relative concern" was identified in North Naples Bay. 3. To assess stations where potential land based sources of pollution are likely to occur and reduce the spatial extent of recurrent sampling to specific problem areas in order to assess sources and potential downstream transport. Approving this agreement with FIU is in accordance with Purchasing Policy IV. B. 2 whereby the purchase of services from a recognized educational institution is exempted from a formal competitive process. FISCAL IMPACT: Funding for this study was recognized in the FY07 budget in the Water Pollution Control Fund (114). GROWTH MANAGEMENT IMPACT: The scope of the agreement complies with and is consistent with the requirements of the Conservation and Coastal Management Element Objective 2.3, Policy 2.3.4 regarding sediment quality monitoring. RECOMMENDATION: That the Board of County Commissioners: 1) Approve the attached agreement whereby Florida International University will assess the quality of sediments in Collier County in the amount of $95,453.60 in Fiscal Year 2007, and 2) Authorize the Chairman to execute the agreement. Agenda Item No. 16C1 May 8, 2007 Page 2 of 24 PREPARED BY: Rhonda J. Watkins, Principal Environmental Specialist Pollution Control & Prevention Department Page 1 of I Agenda Item No. 16C1 May 8, 2007 Page 3 of 24 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS �. Item Number: 16C1 Item Summary: Recommendation to approve an agreement with Florida International University (FIU) to assess the quality of sediments in Collier County in the amount of $95,453 60. Meeting Date: 518!2007 9:00'.00 AM Prepared By Rhonda Watkins Principal Environmental Specialist Date Public Utilities Pollution Control & Prevention 419120071:51:35 PM .Approved By Dianne Perrymen Contract Specialist Date Administrative Serdces Purchasing 4119120071:23 PM Approved By Steve Camel! PurchasinglGenerai Svcs Director Date Administrative Services Purchasing 41201200712:03 PM Approved By Thomas Wines operations Director Data Public Utilities Public utilities Operations 41201200712 06 PM Approved By Ray Smith Director Date Public Utilities Pollution Control & Prevention 4/2312007 10:05 AM Approved By James W. DeLony Public Utilities Administrator Dale Public Utilities Public Utilities Administration N2512007 2.29 PM Approved By OMB COOrdinotor Administrative Assistant Date County Managers Office office of Management & Budget 4126120077:49 AM Approved By Randy Greenwald Managementoodget Analyst Data County Managers Office Office of Management & Budget 41261200712:03 PM Approved By Michael Smykowski Management & Budget Director Date County Managers Office office of Management & Budget V27120071.02 PM Approved By James V. Mudd County Manager Data Board of County Ocmmbelloners County Manager's Office 412812007 9:36 AM file: / /C:\AgendaTest\Export \82- May /o208,p /n2O2OO7\I 6. %2000NSEN7%20AGENDA\ I6C.... 5/2/2007 Agenda Item No. 16C1 May 8, 2007 Page 4 of 24 PROVIDING CONTAMINANT DATA FOR COASTAL MANAGEMENT: ASSESSING THE EFFECTS OF LAND BASED SOURCES OF POLLUTION ON COLLIER COUNTY'S ESTUARIES AND THEIR ASSOCIATED WATERSHEDS A proposal submitted to Collier County, Florida March 23, 2007 Piero R. Gardinall, Valentina Caccia, Mark Cajas and Adolfo Femandez Southeast Environmental Research Center (SERC) Florida International University University Park Campus Miami, Florida 33199 Introduction and Justification Management of near coastal environments and their associated watersheds requires a careful balance between land usage and sustainability. Urban development is considered a good indicator of economic success while agriculture is likely to be a major economic driver in Southwest Florida where fertile soils allow for yeariong crop production. However, in the last decade, these two activities have become incompatible and almost exclusive of each other because the urban sprawl created by the housing market has placed large portions of agricultural lands in the hands of developers. These two effects create a complex relationship between the land usage, the freshwater components of the associated watersheds, and the coastal receiving waters. Releases of pesticides from urban and commercial horticulture, storm water runoff, and human derived wastewater are among the myriad of process that contribute to the contaminant loading to Collier County's coastal management zones. Data generated by our previous assessment of Collier County major 1 Agenda Item No. 16C1 May 8, 2007 Page 5 of 24 watersheds revealed the existence of environmental conditions requiring opposite courses of action for management purposes. Results from the survey were organized in three areas: ranking, potential effects, and distribution patterns. Stations were ranked based on the presence of contaminants and the spatial patterns and distributions were examined and evaluated. For those contaminants where a Sediment Quality Criteria has been established, comparison of the occurrence to the guideline was provided. The study also determined that most of the county watersheds evaluated were in pristine to semi - pristine condition. In consequence, the effects of accelerated urbanization were difficult to determine over the natural background with the exception of several sites that were heavily influenced by localized urban activity and were identified as areas of relative concern. Among them, North Naples Bay at the confluence of the Gordon River. Although some families of compounds were more prevalent than others in the sediments (PAHs and metals over chlorinated pesticides and PCBs) several contaminants in the study, exceeded the °Threshold Effect Levels' (TELs). Metals (arsenic, mercury, chromium, zinc, and copper), and PAHs (mainly high molecular weight ones) were among the pollutants exceeding the TEL criterion for at least one station in each sampling episode and were thus identified as priority for future assessments. As part of the study conclusions, a set of recommendations were formulated to guide future efforts in order to prevent further degradation of the County's coastal environments. These recommendations pointed out to a site specific study for North Naples Bay and an extension of the contaminant monitoring to the Gordon River watershed. In addition, the team suggested looking for other more contemporary contaminants that could be introduced by future changes of the county's land usage pattern and/or further development of former agricultural areas. As expected, since then, the county has experienced an incredible rate of sustained urban development that has created the need to formulate elaborate plans to assure that future expansions are commensurate with ecosystem sustainability and to prevent further environmental degradation of a relatively pristine area of Florida. 2 Agenda Item No. 16C1 May 8, 2007 Page 6 of 24 Plans for the urban expansion to areas East of CR 951 are already being drafted and numerous alternatives have been proposed. As an example, the County's Growth Management Plan (GMP) already includes watershed management as one of the key objectives. In this initiative, the environmental value of wetlands and other sensitive estuarine zones have been carefully articulated and identified as a valuable tool for coastal management. Watersheds such as the Golden Gate - Gordon River Basin, the Fake Union Canal Basin and the Barron River Canal Basin among others have been described as potential areas for evaluation due to their general geomorphologic characteristics in combination with past, present and future land usages, their projected changes, and water quality issues. Agriculture practices within Immokalee have also been identified as known sources of pollution loading, past and present, likely to add a complex chemical mixture to the adjacent receiving waters. Because of all these compounding factors, we are proposing for a more comprehensive contaminant survey that will incorporate most of the recommendations from the 2002 report but that will also expand to produce a "baselines for a large number of contaminants that could be used to assess the present status of watersheds likely to be affected by expansion plans. Such baseline study will create a starting point for future coastal management decisions. In deciding what contaminants should be included in the scope of work it is important to consider both past and present practices, usage, mode of transport and environmental stability. It is well known that many of the pollutants (urban, industrial or agriculture- related) introduced along the freshwater distribution systems are likely to associate with sediment particles and will travel and get deposited in areas of low energy or at the heads of the estuarine system. In addition, some of the more contemporary pollutants, designed to have a shorter half -life compared with their 1980's homologues, have the tendency to get transported preferentially in water. However, since a good portion of them still have considerable partition to particulate phases, and because monitoring water 3 Agenda Item No. 16C1 May 8, 2007 Page 7 of 24 will require a continuous and intensive effort, we have decide to use sediments as a temporal integrator in a similar fashion that for the 2001 -2002 study. The Collier County Pollution Control Department has conducted an extensive review of the chemicals that could be potential targets for this extended survey (see supporting data in Appendix 1). Their goal was to target "biocides' ( herbicides, pesticides, fungicides, etc.) that by a combination of toxicity, persistence, and usage will likely be released In the county's watersheds and will be transported to the estuarine system in the water or associated with suspended particles. Several candidates stand out because they meet one or more of these conditions. For example, Atrazine is one of the most widely used herbicides in the US; Copper is a common herbicide used in many crops (agricultural and ornamental) but also a potent algaecide used in boat paint. Chlorphydfos and Endosuffan are highly toxic chlorinated pesticides that may still be in use for household and commercial applications. A number of organophosphates are also in the list (Fenthion, Malathion, Ethyl - Anziphos, Chlorphyrifos, etc.). These compounds degrade quickly in the environment but they are also extremely toxic. The table not only provide a comprehensive list of all the potential pesticides and herbicides that could be present in the watershed but also point out to the complex nature of the chemical signature to be analyzed. Such complexity heavily complicates the scope of work since in many cases every one of the compounds identified requires a different analytical protocol. In addition, the East of CR951 development master plan has identified a series of problems and watersheds that will need to be addressed in terms of coastal management. For example, the GMP's Conservation and Coastal Management Element (CCME) Objective 2.1 states that watershed management plans should focus on "appropriate mechanisms to protect the County's estuarine and wetland systems." Policies under this Objective require the plans to focus on the 4 Agenda Item No. 16C1 May 8, 2007 Page 8 of 24 "cumulative impacts of the watersheds on the estuaries as well as the impacts within the watersheds themselves." Particularly Interesting are the goals to achieve with the plans: (a) restoring historic hydroperiods in impacted watersheds where possible: (b) reducing impacts of canal and stomwrater discharges to estuaries; and (c) meeting water quality standards in the watersheds and the estuaries into which they flow. This creates the need to assess pollution loading produced by modifications of water delivery from impacted watersheds, to assess the quality of stormwater runoff, and to monitor the water quality of the receiving estuarine end members. Although important, the spatial extent of the potential "assessment" areas required to achieve these goals is quite large. Another limiting factor is the number of watersheds that have been identified as important, those that have been declared impaired, and those that will likely to become affected by development and changes in land use. Based on criteria put forward by several local and state agencies the Conservancy of Southwest Florida has recommended the following priorities for development of watershed management plans: (a) Wiggins Pass/Cocohatchee River, (b) Naples Bay /Golden Gate Canal System; (c) Rookery Bay; and (d) Ten Thousand Islands (which includes the Faka Union Canal discharging from Southern Golden Gate Estates). These recommendations include every major water delivery route in the populated areas of Collier County and a rather large geographical setting. Because of all these factors we are proposing a work plan in stages to provide a comprehensive chemical monitoring plan to accommodate three major objectives as follow. a) Establish a baseline for multiple contaminants (past and present use) with emphasis along the main watersheds described as; i) Main Golden Gate Canal Basin + Gordon River Extension Basin, ii) Cocohatchee River Basin, iii) Faka Union Canal Basin and iv) Barron River Canal Basin (Figure 1). Agenda Item No. 16C1 May 8, 2007 Page 9 of 24 b) Conduct the site specific site survey recommended in the 2002 report to assess changes at the confluence of the Gordon River and North Naples Bay but extending the list of target analytes to cover some additional contemporary use pesticideslherbicides. c) Assess stations where potential land based sources of pollution are likely to occur (Le stormwater runoff, drainage from major agricultural areas, areas influenced by golf court runoff, fresh - saltwater boundaries of estuaries,etc.) and reduce the spatial extent of recurrent sampling to specific problem areas in order to assess sources and potential downstream transport. Legend DI8maw Bastm + CaaohddreB RNx Bk�a,RMx 1 1 1 M MA" 0 5 10 CROP Carol Beaks .lee w Polmkm . �xd _ .; Gnaf B`Mn p¢s FppUnbn 1.70__ Hxga,eonTweek �q,WeeNn _ -— L- 78Tbbeak Bfth -- _ T m R�B C" Bwh Gosh seen '"'� C_�. Oar Hack 9rxtl Bsh OO 41 g� C er C!!a iwaM� a,w,m�ee+sa e � 0.ree_raO�.A� _ �-� Figure 1: Major watersheds and draining basins in Collier County, Florida D Agenda Item No. 16C1 May 8, 2007 Page 10 of 24 Scope of Work and Implementation Plan Upon consultation with Collier County Pollution Control & Prevention, we have formulated a tentative sample strategy for the project given the expected funding level available and the list of potential target analytes. As per the County's request, all sample analyses will be conducted at NELAC certified laboratories. In the event that FIU will not have such capabilities, we will make arrangements with laboratories within the state that have provided such services in previous projects. Task 0 Selection of the target analytes is as important for this project as the selection of the sampling stations. Based on the summary provided by the Department of Pollution Control & Prevention the team has selected the following analytical protocols: Sediments i) Trace metals by ICP (EPA 6010 or equivalent). This method will target most of the toxic heavy metals including Copper and Arsenic but it will exclude Mercury. ii) Chlorinated Pesticides by GC or GC/MS (EPA 8081 or equivalent). This method gives the best selection of past and present use pesticides containing chlorine such as DDT and its metabolites, Chlordane, Endosulfan, etc. Since PCBs were not catalogued as contaminants of potential concern in past studies they will not be included in the survey. u) Organophosphorous and Organonitrogen Pesticides by GC or GC /MS (EPA 8141 or equivalent). This gives a comprehensive determination of most organophosphates (including Chlorpyrifos) but also target some important nitrogen containing herbicides such as Atrazine and Simazine. iv) Polynuclear Aromatic Hydrocarbons by GC/MS (any method with part per billion detection will be adequate for example EPA 8270C). This is 7 Agenda Item No. 16C1 May 8, 2007 Page 11 of 24 particularly important for North Naples Bay and the Gordon River or any area affected by heavy boat or automotive traffic and Its associated runoff. v) Chlorphenoxy herbicides by GC or GC/MS (EPA8151 or equivalent). The analytes in this group include potent herbicides such as 2,4-D that are still heavily used in many crop, ornamental, and household applications. Based on the performance data provided by the county, the team decided to select USBiosystems in Boca Raton, Florida as the main analytical facility for this project. Ancillary parameters such as dry weight and TOC will be conducted at the Nutrient Analysis Facility at FIU. Task I Sediment samples (15) will be collected along the confluence of the Gordon River and North Naples Bay as indicated in Figure 2. Because the purpose of this section of the site - specific survey is to identify potential sources of the existing contamination and to assess the extent of the impact only samples labeled as Tier 1 (open bay areas) stations will be developed at 100 -200 meter intervals north and south from the US-41 bridge. The two main connections between the river and the bay will be samples to evaluate differences between navigational and non - navigational channels. Two locations from the previous study (CC03 and CC04) will also be sampled to evaluate any temporal changes. When deemed appropriate, sediment samples will be collected inside major marinas. To provide consistency, all sediment samples will be analyzed using the same sample methodology employed in the 2001 -2002 county -wide survey. However a new set of parameters will be added to include commonly used herbicides and inorganic biocides used in antifouling paints. Task II Since the contribution of the tributaries could be an important factor in assessing pollution loading, analysis of sediments (canals and tributaries) along the four _. proposed watersheds should be conducted. For this purpose a total of 65 I? Agenda Item No. 16C1 May 8, 2007 Page 12 of 24 sediment samples will be collected on a yearly basis and analyzed as described in Task 0. All locations will be distributed along the watershed to include both the undeveloped areas at the far end of the watershed as well as the connection with a major estuary. A list of tentative locations is presented in Table 1. All samples will be distributed along the four major watersheds and their associated drainage basins (Cocohatches River Canal Basin, Main Golden Gate Basin, Gordon River Extension Basin, Rods Creek Basin, Lely Canal Basin, Lely Manor Canal Basin, Henderson Creek Basin, Southern Coastal Basin, Fake Union Canal Basin, Fakahatchee Strand Basin, and Barron River Canal Basin). Altough the main goal is to establish a baseline, stations are also selected to evaluate the influence of major land usage activities (agricultural, urban, golf course - related, marinas, storm water runoff, etc). If required, the 65 samples could be divided in consecutive sample campaigns when temporal trends are to be assessed. Project Logistics The FIU team is committed to provide all aspects of this proposal. However, Collier County has expressed their preference of conducting all chemical analyses using laboratories that are NELAC certified. Since our laboratory is only seeking certification for a handful of these analyses we will, with Collier County's approval, forward the samples to a certified laboratory previously agreed upon. Our team is then responsible to collect all samples, ship the containers with the appropriate documentation to USBiosystems (subcontractor) and coordinate all the aspects of data review, interpretation and reporting. Site Selection Based on our discussion with Collier County Pollution Control and Prevention, Table 1 shows a list of tentative sites. The geographical distribution of the sites is included in Figure 2. The selection of the 80 collection sites will be decided within 30 days of the project start date. N Agenda Item No. 16C1 May 8, 2007 Page 13 of 24 Implementation Plan Since this scope of work/cost proposal needs to be approved by both Collier County and Florida International University, sample collection and analyses will begin within a month of the receipt of a properly executed contract. Because sample collection will be an on -going activity depending on the final site selections or the sampling frequency, the estimated completion of all tasks will be one year from the contract date. A project timeline will be provided within 15 days of the award date. Cost Proposal A cost proposal is included in the appendix. The budget includes all personnel, field, analysis and reporting activities. The requested funds ($95,453.60) provides for the analysis of 80 sites with a 10% QA/QC (MS, MD or Field Duplicates). Alternatively, this 10% QA/QC could be used for repetitive sampling and or expansion of the survey for problem areas. The proposal includes a sub - contract to USBiosystems for all the analytical work ($47,960.00). Rates are indicated in the attached quotes and are as follow: Analysis of Chlorinated Pesticides in Sediments (EPA8081) $90.00 /sample Analysis of OP /ON Pesticides/Herbicides (EPA8141) $125.00 /sample Analysis of Chlorinated Herbicides (EPA8151) $150.00 1sample Analysis of PAH's (8270C) $75.00 /sample Analysis of Trace Metals (EPA6010 @ $7 /element) $105 /sample SERC's Nutrient Analysis Facility will be responsible for the analysis of TOC at a rate of $15.00 per sample. The cost proposal includes all aspects of sample collection, analysis, data interpretation and generation of the appropriate deliverables requested by Collier County. In addition, a small in -state travel allowance is included to attend meetings or presentations related to the project. The budget assumes that the negotiated indirect cost will be 25.5% since more than 50% of the work will be conducted outside the FIU campus. iCl Agenda Item No. 16C1 May 8, 2007 Page 14 of 24 Deliverables Results from the study will be provided to the agency as two -part reports. An Analytical Data Report will be produced within six months of the initial collection and a final interpretation report will be generated at the conclusion of the project. Both paper and electronic versions of the final reports will be provided to Collier County Pollution Control Department upon completion of the study. 11 Agenda Item No. 16C1 May 8, 2007 Page 15 of 24 Figure 2.- Geographical locations of the proposed sediment collection sites. 12 _SITE_ NAME 1 CC4 2 CC3 3 CCO01 4 CCO02 5 CCO03 6 CC004 7 CC005 8 CCO06 9 CCO07 10 CMOs 11 CCO09 12 CC010 13 CC011 14 CCO12 15 CCO13 16 CCO14 17 CCO15 18 CCO16 19 CCO17 20 CCO18 21 CGO19 22 CCO20 23 CCO21 24 CCO22 25 CCO23 26 CCO24 27 CCO25 28 CCO26 29 CCO27 30 CCO28 31 CCO29 32 CCO30 33 CC031 34 CC032 35 CC033 36 CCO34 37 CC035 38 CCO36 39 CCO37 40 CC038 41 CC039 42 CCO40 43 CCO41 44 CCO42 45 CCO43 46 CCO44 47 CCO45 48 CC046 49 CCO47 .- List of 26.17616 - 81.67105 26.18316 - 81.71646 Agenda Item No. 16C1 -81.70534 26.17111 - 81.73176 26.18615 -81.75135 May 8, 2007 -81.76705 26.27256 - 81.77896 26.28233 - 81.80217 Page 16 of 24 LATITUDE,,,_LONGITUDE SITE NAME LATITUDE LONGITUDE 26.14220 - 81.78850 51 CCO49 26.27254 _ -41-.8-2380 26.13150 - 81.79040 52 CCO50 26.20194 - 81.76795 26.13532 - 81.79078 53 CCO51 26.27323 - 81.72989 26.14220 - 81.78850 54 CCO52 28.27330 -81.71045 26.13777 -81.78810 55 CC053 28.30833 - 81.59212 26.14071 - 81.78641 56 CCO54 26.29575 - 81.39032 26.13859 81.79009 57 CC055 26.35308 - 81.41647 2614066 - 81.78880 58 CCO56 26.31824 - 61.49525 26.14562 - 81.78914 59 CC057 26.29414 -81.48230 26.14729 - 81.78534 60 CCO58 26.05190 -81.69503 26.15216 - 81.78552 61 CCO59 26.04579 - 81.70829 26.13508 - 81.76374 62 CCO60 26.05165 -81.70764 26.12902 -81.79456 63 CCO61 26.06878 - 81.70539 26.13306 - 81.79349 64 CCO62 26.13902 - 81.73854 26.14237 - 81.78275 65 CCO63 26.12393 - 81.74473 26.14923 - 81.76368 66 CCO64 26.10511 - 81.74562 26.15824 - 81.78468 67 CCO65 26.09456 - 81.74034 26.16588 - 81.78252 68 CCO86 26.23021 - 81.81342 26.16791 - 61.77542 69 CCO67 26.28829 - 81.68909 26.16801 - 81.76677 70 CCO68 26.27339 - 81.62567 26.12123 - 81.78453 71 CCO69 26.25506 - 81.62478 26.12524 - 81.77338 72 CC070 26.24392 -81.65736 26.12399 - 81.76078 73 CC071 26.22681 - 81.73572 26.12354 - 81.75488 74 CCO72 26.21333 -81.73465 26.12812 - 81.74974 75 CCO73 26.20631 -81.73536 26.12239 - 61.75140 76 CCO74 26.17789 - 81.73476 26.43267 - 81.48303 77 CC075 26.21465 - 81.65301 26.44496 - 81.40666 78 CCO76 26.24539 -81.52852 26.42189 - 81.30499 79 CC077 26.33811 -81.52983 25.96871 - 81.50995 80 CCO78 26.28737 - 81.48357 25.97849 - 81.50663 81 CCO79 26.27315 - 81.46040 25.99265 - 81.50665 82 CCO80 26.26026 - 81.47999 26.14936 - 61.52315 83 CCO81 26.19712 - 81.49058 26.02779 -81.60583 84 CCO82 25.91569 - 81.37736 26.32332 - 81.56240 85 CC083 25.92210 -81.36836 26.31046 -81.56205 86 CCO84 25.94753 - 81.35795 26.29298 -81.56184 87 CCO85 26.25211 - 81.34154 26.27762 -81.56165 88 CCO86 26.09492 -81.34451 26.27379 -81.58103 89 CCO87 26.13773 - 81.55536 26.24648 - 81.58662 90 CCO88 26.21141 - 81.56065 26.21351 - 81.61703 91 CCO89 26.28598 - 81.41615 26.19975 - 81.67088 92 CCO90 26.28311 - 81.46434 26.17616 - 81.67105 26.18316 - 81.71646 26.16947 -81.70534 26.17111 - 81.73176 26.18615 -81.75135 26.18138 -81.76705 26.27256 - 81.77896 26.28233 - 81.80217 proposed stations for the se 13 APPENDIX I Agenda Item No. 16C1 May 8, 2007 Page 17 of 24 14 BUDGET SHEET Agenda Item No, 16C1 May 8, 2007 Page 18 of 24 15 Agenda Item No. 16C1 May 8, 2007 19 of 24 Dm eft 3.F $ 1A Tuftm H. N TRANSFER TO NUTRIENT LAB FOR ANCILLARY PARAMETERS C 2 � � SUBCONTRACTOR QUOTE Agenda Item No. 16C1 May 8, 2007 Page 20 of 24 17 Agenda Item No. 16C1 May 8, 2007 Page 21 of 24 Quotation USBIosys'T�E� Katharine A. Kutil US Btosystanls Phone: 772 201 1909 kkuttl @usbiosystems.com Contact Piero Gardinali Date 3/30/07 Company Florida Intentional University / Department of Chamiarty & Biochemistry and SERC quote Number 33007 -KKB5 Address 11200 SW 9th Street CP -326 Pro /ect NamaMumber Collier County Pollution Control & Prevention - Sediment Project Stele, ZO University Park, Miami, FL 33199 Protect Dm;Wptlon Sediment 15-neall gardingl@_fiu.edu PrgjWSchedule Unknown Phone 305.348..8354 Tumaround 77me In Business Days 5-7 Business Days Fax 305348 -3772 Data DetNerable level Standard Submitted by Katharine A Kutil WAI@usbiosystems.com Mobile (772) 2011909 Ehw& nk Data Deliverable Format Standard Quote Due Date ASAP USS Project Maneyer TBD (561) 447 7373 LABORATORYSERVICES. Maisie (Aluminum, Antimony, Arsenic, Cadmium, Chromium, Cobaa, Copper, Iron, Lead, Manganese, Maly ou m, Nickel, Stiver, Strontium, Zinc) Sediment Be $1 05.0c $9,240.00 OrganochImine Pwdcldea (8081) Sediment Be $90. $7,920.00 Orgenophosphonu PestlNdes (8141) Sediment as $125.0 $11,000.00 Chlorinated Herbicides (8151) Sediment 88 $150.0 ( $13,200.00 PAH's ( Low -Level) by $270 Sediment as $750 $8,800.00 $0.00 $0.00 $0.00 $0.00 $0.00 FIELD SAMPLING SERVICES: 18 Agenda Item No. 16C1 May 8, 2007 Page 22 of 24 -c Quotation TSB!osysum �7 Katharine A. Kutil US Blosystems Phone: 772 201 1909 kkutil@usbiosystems.com Contact Plero Ga�inali Date -30107 Company Florida International University / Department of Chsmisrty & Biochemistry and SERC Quote Number 33007 -KK85 SAMPLING LABOR, ESTIMATED, PER MANHOUR, PORTAL TO PORTAL 0 $55. $0.00 EQUIPMENT MILEAGE, ESTIMATED 0 0 $55. 50.00 $0. $0,00 i:i Field QC: 1 trip blank per cooler of samples that contain VOC's is provided at no charge. All other field QC including field & equipment blanks, client- requested MS/MSD's, & field duplicates will be Notes Invoiced at the above rates. Prices Include appropriate containers, chemical preservatives, use of coolers, container labels, chain-of-custody forms, and shipping to client specified location. saner DMI L WKa Br BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, Chaixwtan- 19 LIST OF CONTAMINANTS AND HAZARD RANKING Agenda Item No. 16C1 May 8, 2007 Page 23 of 24 20 N J Agenda Item No. 16C1 May 8, 2007 Page 24 of 24 eqt Sc Y F t i ¢m fill 11111110 ;1 L(, i {{ tti lit ( } 4► } !L L LL L It a t L !" L! a i -- - - - -- -- - .a - srre - -- -!L = =rrrV =trrrtlYrY r n rke =kYeee Y err= ettltlr rr =r r Irr= r relrerrtl PPP ... L -Yr( �- "a "e7 ^ii tali ii foie tr-rt(raerar riir argil i iri i is ,slog a ei its rase L ....... ..... . - ........ . ....> - ...__.. _...u_ ... .. _............ •6 .F lit' p "g y t (€ 5 a atl `e "x =Pt -c6 F ^eLS�t„ "tls F °c +a'cFg S +.SL{ BeLr.F55 SL $ °a X c i 55 SG L5 -Fk6c f "aF 6t5 - - - - - - - -_ - - -' - ----------- °fly __ _ __ � L s I Fe 1 It t � ���y�'�0g1091�tBy�6F�zY�'�arl TT I t !1111 1 3015RlE L1EtLLL tYLLL @F L 5L ;Mp Ltltll 1 Ga '3n�L� L `g fl L }afl! aL�a a LL art LL ( a aLt }d!E}i!! j}Li iBL lit tl lit }EE6} a5 L5i� } rL @3apa Ail L� F °� Lae ra eE¢cE EE kEEk EE tlG EeE¢eayE E6EE c cEE a¢Etl: EEEkc¢ eEEE GE E - EEEFE -:n E¢ccc¢a¢-kkEE ee.tltlsYtl�@i Yea ant "¢ @sane amen$ n:k .e5eea2neaas @enaf5_entle:Y eE nStlLtlLRane e`cs can YSeYC5.eYCa ea atl -c e:`:5s6ene5 a5tic. ccnea@¢¢cttl nicncn tl_cia 'cvkc@ :e5c¢tle-esa @ @a@ n 5 ne e - n.a c c e¢ .e c c@ aYe.an aaaatltltllC tlntltlr Yetl Ce.Y.tlX nee. ..ticnB tl¢tl arnYktliaeY.a tladwo tlk aYlY RQn eaY • �} u... u¢a6tl. tltlC Y. OrL6.eQC.Sn Y kYe....C.tleCk.Y YtltlY.V C ..kR.Y..¢Q 6.• CCY..Y..LYY 1 101 HIS Ill 11dim It I 19 r' 9 5 50 �� ! e E,�K 3t pp F p pp F ggm flu n gull 6 In u! @ iota � i 65.56 L6(tF(_LL G 6 56LCi6t5eg b 5(Li6fi555EEF&56 LS% i SE6- Stkia6i5 565_Sgi665 €g L eqt Sc Y F Agenda Item No. 1602 May 8, 2007 Page 1 of 6 Executive Summary Recommendation to request funding for six South Florida Water Management District Alternative Water Supply Grants in the total amount of $5,903,296 for the partial funding for the construction of improvements to the County's public water supply system. OBJECTIVE: To receive Board approval to submit six (6) grant applications to the South Florida Water Management District (SFWMD) to request partial funding of six alternative water supply projects to be performed by the Public Utilities Division. CONSIDERATIONS: Consistent with the 2005 Lower West Coast Water Supply Plan Update (LWCWSP), the Collier County Public Utilities Division plans to engage in the construction of six alternative water projects during fiscal year 2008. Under the Senate Bill 444 Alternative Water Supply Grant Program the South Florida Water Management District (SFWMD) is authorized to allocate funding to aid in the construction of alternative water supply projects. Grant funding can provide up to forty percent of the total construction cost of the project. The amounts annotated in the funding requested sections are from the attached table "Recommended FY2007 SFWMD Alternative Water Supply Program Cost -Share Funding Guideline" provided by the SFWMD minus the amounts previously awarded for the specific project. Please note that the SFWMD has not updated the table from FY2007 and the District has directed us to refer to the same table to calculate FY2008 funding amounts. The second table calculates the funding Collier County is eligible for FY2008 using the District's table and SB444 guidelines. Funds in the amount of $5,903,296 will be requested from the SFWMD to provide partial funding for the following projects: 1. Title: South County Regional Water Treatment Plant (SCRWTP) Wellfield Expansion - Phase 11 (Project 70892) Description: The purpose of the SCRWTP Wellfield Expansion project is to provide a reliable raw water supply for the RO expansion of the SCRWTP. The expansion of the wellfield will be designed to provide an additional yield of 12 MGD of finished water. Twenty -three (23) well sites have been identified south of the SCRWTP site for the 12 MGD expansion. The twenty -three (23) new wells will draw water from the Hawthorn Zone 1 Aquifer. Construction of this project is currently on- going. FY O8 Proiect Cost: $21,150,000 Funding Requested: $3,203,296 2. Title: North East Regional Water Treatment Plant (NERWTP) Wellfield Phase 1 - Well Drilling (Project 70899) Description: The North East Regional Water Treatment Plant (NERWTP) will be constructed to provide additional reliable potable water supply to meet the demand in the Northeast area of the County. The initial phase of the NERWTP facility will provide 10 mgd of additional treatment capacity. Brackish water from the Hawthorn Zone 1 aquifer will provide raw water Agenda Item No. 16C2 May 8, 2007 Page 2 of 6 for the RO treatment train. This project involves the construction of thirteen Lower Hawthorn wells, four Hawthorn Zone 1 wells and associated transmission pipelines to supply raw water to the new facility. FY 08 Proiect Cost: $1,500,000 Funding Requested: $600,000 3. Title: North East Regional Water Treatment Plant ( NERWTP) Wellfield Expansion Test Program (Project 70908) Description: A hydrogeologic investigation to identify one or more groundwater sources to supply raw water for treatment at the proposed Northeast Regional Water Treatment Plant ( NERWTP) was initiated in December 2004 and completed during June 2005. The Hawthorn Zone I Aquifer on the Collier County fairgrounds property just west of the NERWTP site was determined to contain freshwater locally. As a result of the potential for obtaining high quality groundwater from this source, additional exploration of the Hawthorn Zone I Aquifer will be conducted in this phase of welltield testing. FY 08 Project Cost: $1,500,000 Fundin¢ Requested: $600,000 4. Title: Reclaimed Water Booster Pump Station - Phase II (Project 74076) Description: The County serves two reclaimed water service areas referred to as the South and North service areas. The South service area is primarily served by effluent from the South County Water Reclamation Facility (WRF) and the North service area is served by the North County WRY. The County has identified a need to construct an in -line booster pump station to add flexibility and increase efficiency to their reclaimed water system. The reclaimed water pump station will enhance the interconnections of the North and South reclaimed water service areas, allowing the County to serve as many customers as possible and also maximizing the use of their reclaimed water storage facilities, including the reclaimed water ASR system, located in the North service area. FY 08 Project Cost: $900,000 Funding Requested: $360,000 5. Title: South East Regional Water Treatment Plant ( SERWTP) Phase 1 Wellfield Test Program (Project 709001) Description: Collier County has identified the need to construct the future SERWTP at the site of the Manatee Road Pumping Station. During Phase I of the wellfield test program, a hydrogeologic investigation of the Lower Hawthorn aquifer will be conducted to identify potential well sites for the Agenda Item No. 16C2 May 8, 2007 Page 3 of 6 SERWTP facility. This phase of the project will involve the construction of four small diameter exploratory wells near the future SERWTP site. FY 08 Project Cost: $1,500,000 Funding Requested: $600,000 6. Title: Reclaimed Water Transmission Main - Immokalee Road (Project 74311) Description: Working in conjunction with the Collier County Department of Transportation Engineering and Construction Management, a two mile section of reclaimed water transmission main will be installed along Immokalee Road. Expansion of the distribution system will allow Collier County to provide reclaimed water service to a larger number of customers. FY 08 Project Cost: $1,350,000 Funding Requested: $540,000 FISCAL IMPACT: Revenue up to $5,903,296 may be realized upon completion of the work associated with these funding requests. It is anticipated that this will occur during FY08. The source of funds are water impact fees and sewer user and impact fees. These Projects are consistent with the FY07 Capital Budget approved by the Board on September 21, 2006 10(A). GROWTH MANAGEMENT IMPACT: These grants will support both impact and user fee projects. The impact fee projects are consistent with and further the Goals, Objectives, and Policies of the Collier County Growth Management Plan. The user fee projects meet current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. These projects support the 2005 Water and Wastewater Master Plan Updates adopted by the Board of County Commissioners as Agenda Item I OB on June 6, 2006. RECOMMENDATION: That the Board of County Commissioners, Ex- officio the Governing Board of the Collier County Water -Sewer District: Approve the submittal of the following funding requests to the South Florida Water Management District's Senate Bill 444 Alternative Water Supply Grant Program a) SCRWTP Wellfield Expansion - Phase II in the amount of $3,203,296. b) NERWTP Wellfield Phase 1 - Well Drilling in the amount of $600,000. c) NERWTP Phase 3 Wellfield Test Program in the amount of $600,000. d) Reclaimed Water Booster Pump Station - Phase II in the amount of $360,000. e) SERWTP Phase 1 Wellfield Test Program in the amount of $600,000. t) Reclaimed Transmission Main Along Immokalee Road in the amount of $540,000. 2. Approve the chairman to execute the funding requests. PREPARED BY: Alicia Abbott, Project Manager, Public Utilities Engineering Department 3 ao 0 c T� d N � d C � •d Q a a� c =o c 3 LL d to lC L N f/1 O U E R C1 O a` _T Q CL 7 U) L w N C d a C� L LL LL N N C C N } LL a d a C d E E O d 7 CY OI c 'a E a c 0 U w c N N d W N d 7 U C T 10 u .Q T 0 u u u AL O CL v d W E N d 0 C d u d CL O N d w 10 LL C O V U 0 0 a L d N t N Y U R m N E ; N � T c cn `o y 'c E N c Q o E � c d m O d U L d 3 C W 3 d m O) d O � N C d T U O. Q � � 0 0 C7 0 0 C ^ N G � � � N O O O U o V � � o (� O C7 � 0 0 0 7 00 � m N O O O (7 00 Page I of I Ao_enda Item No K2 May 8. 2007 Page 5 of F COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number i5C2 Item Summary: Recommendation to request funding for six South Ronda Water Managarri District Alternative Water Supply Grants In the total amomn of $5 903.296 for the denial funding to, the concei o1 Improvements to the Countys dubac water supply system. Meeting Date: 5/8/2007 9'.00'.00 AM Prepared By Alicia Abbott, E . Project Manager Date Public Utilities Public Utilities Engineering 4/1312007 10: 32: 53 AM Approved By William D. Mullin, PE Principal Project Manager Data Public Utilities Public Utilities Engineering 411 3120 07 11:24 AM Approved By Marlene J. Foord Grants Coordinator Cate Administrative Services Administrative Services Atlmin. 4/23120072: 45 PM Approved By Roy B. Anderson. P . Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 4/27/20071226 PM Approved By Thomas Wldes Disciplines Director Date Public Utilities Public Utilities operations 4130120071: 43 AM Approved By James W_DeL.ony Push, utilities Administrator Dare Public Utilities Public Utilities Administrmion 41301200710 46 AM Approved By OMB Coordinator Admmsiratle Assistant Date Caunty Managers Office Office of Management B Budget 51112007143 PM .Approved By Susan Usher Senior Management /Budget Analyst Date County Manager's Office Office of Management 8 Budget 519200712'.22 PM Approved By Michael Smykovisal Management 8 Budget Director Date County Managers Office Office of Management S Budget SIV200712:40 PM Approved By James V. good County Manager Date Board of County County Managers Office 512/20072:04 PM Commissioners file:IIC:AAgendaTcstAExportA82 -May % 208,% 202007\76 . %2OCONSENT%2OAGENDAAl6C_. 5/2/2007 Nt�O U o ao 0 io m Eta m c O Q co r LL O w O) C C LL Cl) a w E N W w C 3 O U d O U w m o 0 0 0 0 d m a N O O O O O a '_� 0 0 0 0 0 y°,o00000 N WLL m C6 64 OM � LL rn N N O O C 3 O O N c 7 LL > G O O 6 O fA� co O LL C 0 0 O O L LL > r fA ffl p fA 63 O m >. a » LL c_ v a C p 0 0 0 O O d 7 0 0 0 0 0 0 jp LL E 0 0 0 0 0 0 0 0 0 O 0 p ^ V m 7 (00 (00 t00 W E » e» v> e> » m C O 0 0 0 0 0 0 p 0 0 0 0 0 co u -oo000 O ` O N U� 0 � 0 �i000 0 0 0 0 M {rL c U d 'O d m r> N O F H H H �a E t0 O O1 a` o C _o y w d c O E N 7 C m Q H Y6 d LL r N O c O W N y aa` LLL d a L a J a d y 0 d =oo N d �' N > d O of d 3: d 3: 0 m 0@ ?i F a` aaa�a0 E� E m�'m U W lll d W d (n Z (n w Z K c 0 0 L m U J O a m 3 O C m d >a, c m N o J cD am O C d C J Ll > d -o `m m L m U U O O m U m E d � `o �a 0 T o a U O_ C J O (/J U � c o � d � c O d C Q U � d a O a V (n N o d O U N X } d LL O O C d c -o U � m E E J 0 LL E `d J X m m❑ � a m U) E d W U r c o o c } E LL J C O EL m d d O o c ED - 0 m d C E c � J E J d E w X m M; m 0 N � 0 O L C O m� a: � U J W J N N d .L. C m c C E J �X m E O d E 0 a) d U f0 J N 0 c co 3 01 C C w t 0 c m O } LL O E m m 0 a N h O N d IL F- of w W Z d O a) d J d O C 3 � rn E J � O C U J LL y N r 0 0 N N LO Agenda item No. 161D1 May 8, 2007 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to approve and adopt the name "Big Corkscrew Island Regional Park" for the planned regional park at Northeast Utility Facility a.k.a. Orangetree Park. Obiective: To have the Board of Collier County Commissioners approve and adopt the name "Big Corkscrew Island Regional Park." Considerations: The Northeast Utility Facility Community Advisory Panel (CAP) consists of a group of residents from Waterways, Orangetree and interested property owners along the north property line of the project. The group was formed to provide a forum for two -way communication between Collier County and the surrounding community. At the March 14 meeting, CAP members selected their three top choices for the park/ utilities facilities (listed in order of preference). • Big Corkscrew Island Regional Park • Palmetto Regional Park • Seminole Strand Regional Park This information was presented to the Parks and Recreation Advisory Board (PARAB) at its February 21, 2007, meeting. The Board voted in favor of the name "Big Corkscrew Island Regional Park" for the new park. The name `Big Corkscrew Island Regional Park" has a direct and significant relationship with the community and falls within the parameters set forth in the policy for naming county -owned buildings, structures or facility. Fiscal Impact: There is no fiscal impact associated with this action. Growth Manasement Impact: Big Corkscrew Island Regional Park (aka Orangetree Park) is inventoried in the Growth Management Plan. Recommendation: That the Board of Collier County Commissioners approve and adopt the name "Big Corkscrew Island Regional Park." Prepared by: Susana Capasso, Operations Coordinator, Parks and Recreation Page 1 of I Agenda Item No.16Di May 8 2007 Page 2 of 2 ff le:IYC: \AeendaTest \Export\82 -Mav %208. %202007\ 16. %2000NSENTe /n20AGENDA\ 16D_.. 5/2/2007 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D1 Item Summary: Recommendation to approve and adopt the name Fig Corkscrew Island Regional Park for the planned reg;onal park at Northeast Utility Facility aka Orangetree Park. Meeting Date: 5/8/2007 9.00.00 AM Prepared By Susan Capasse Operations Coortllnator Date Public Services Pads and Recreation 41312D07 8:15:30 AM Approved By Nath, OaWenter Eiocueve Secretary Data Public Services Public Servmes Admin. 416/20079: 16 AM Approved By Barry Williams Director Data Public Services Parks and Recreation 4171200711:47 AM Approved By Margie Parke Public Information Coordinator Data Public Utilities Public Utilities Administration 41171200710:35 AM Approved By More Romsey Public Services Administrator Data Public Services Public Services Admin. 4124120075:28 PM Approved By OMB Coortllnator Administrative Assistant Date County Managers Office Office of Management & Budget 412512007 9:50 AM Approved By Sherry Pryor Management It Budget Analyst Date County Managers Office Office of Management & Budget 412620075:04 PM Approved By Michael Smykowski Management & Budget Dolmom, Data County Managers Offer Office of Management it Budget 41271200712 42 PM Approved By James V. Mudd County Manager Data Board of County County Managers Office 4/2]1200]6']6 PM Commissioners ff le:IYC: \AeendaTest \Export\82 -Mav %208. %202007\ 16. %2000NSENTe /n20AGENDA\ 16D_.. 5/2/2007 Agenda Item No. 16D2 May 8, 2007 Page 1 of 5 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves, and authorizes the County Manager to sign, a lien agreement with Enrique and Fausta Antunez (Owners) for deferral of 100% of Collier County impact fees for an owner - occupied affordable housing unit located at Lot 195 Trail Ridge. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the County Manager to sign, the attached lien agreement with Enrique and Fausta Antunez 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 Enrique and Fausta Antunez, which application, after staff review, was determined to qualify for the program. Their legal status has been verified and their documents are on file at the office of Housing and Human Services. The property is located in the Habitat for Humanity Trail Ridge Subdivision in Naples. 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. FISCAL IMPACT: This agreement defers $19,372.52 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 Fees for Owner Occupied Affordable Housing Dwelling Units with Enrique and Fausta Antunez for property located in on Lot 195, Trail Ridge. PREPARED BY: Marcy Krumbine, Director, Housing and Human Services Return to Marcy Krumbine Collier Couupy Housing and Human Serviees 3050 N. Horseshoe Drive Suite 110 Naples, FL 34104 File# 07- 024 -IF This spuee for recording Agenda Item No. 16D2 May 8, 2007 Page 2 of 5 LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this I � day of I=IF" ` 1 , 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Enrique Antunez and Fausta Antunez" (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 "13," the amount of the deferred impact fees is Nineteen Thousand, Three Hundred Seventy -Two dollars and 52/100 ($19,372.52). 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. 16D2 or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are May 8, 2007 then in default and immediately due and payable. The COUNTY shall be entitled to recover Page 3 of 5 all fees and costs, including attorney's fee 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. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the O WNER'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. Witnesses: Print Name 'tresses: , JJ t% � \, I 'o z i! Print Na>iie '..J p,' I"k 0 '1 I,yrF OWNER: Far /QI/ =�IVr7 z1a Enrique Antunez OWNER: 4 noS1C �i7f(�YP7 a,= ta Antunez STATE OF FLORIDA COUNTY OF COLLIER � (//� The foregoing Agreement was acknowledged before me this T- day of / -4 � 07,by Em�e tunez & Fausta Antunez, who are personally known to me or produced - _ as identification [NOTARIAL SEAL] i mure of Notary Pu ic) �rdhD II r1 4RERA Yo1 c S]., 4er6re -0 -c'�— n „ins i untN,egs (Print Name of Notary Public) Commission Number: My Commission Expires: COLLIER COUNTY, FLORIDA By: JAMES V. MUDD, COUNTY MANAGER STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement was acknowledged before me this day of January, 2007, by James V. Mudd, County Manager, on behalf of the COUNTY, who is personally known to me. [NOTARIAL SEAL] (Signature of Notary Public) (Print Name of Notary Public) Commission Number: My Commission Expires: Recommend approval: Marcy Kmmbine, Director of Housing & Human Services Page 2 of 2 EXHIBIT "A" ` LEGAL DESCRIPTION Lot 195, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida. EXHIBIT °B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee I. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTALIMPACTFEES JAK Approved /_ Agenda Item No. 161D2 May 8, 2007 Page 4 of 5 Amount Owed $100.59 $62.14 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,415.00 $3,515.00 $19,372.52 Page I of 1 Aoonda Item N. 161D2 May 8. 2007 Page 5 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1GD2 Item Summary : Recommendman that the game 01 County Commissioners approves . and autttonees the County Manager, to sign, a lien agreement with Enrioue and Fauste Antunez (Owners) for dermal of 130% of Collier County Impact fees for an ownervoccuged anardable housing unit Igoated at Lot 195 Trail Pee, Meeting Date: 5/212007 9 00.00 AM Prepared By Marcy Kena ine Director Date Public Services Housing 8 Human Servces 4120120071113'. 05 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 4123120079: 53 AM Approved By Marla Ramsey Public Services Admarea,aror Date Public Servces Public Services Adman. 4124120075: 48 PM Approved By OMe Coordinator Anarestrobve Assistant Date County Manager's Offce Office of Management 6 Budget 41251200710'. 04 AM Approved By Sherry Pryor Management B Budget Analyst Date County Manager s Office Office of Management B Budget 4126120074: 54 Pfd Approved By Michael Smykowski Management 8 Budget D e for Date County Managers Office Office of Management B Budget 412912007895 AM Approved By James V. Mudd County Manager Date Board of County Camanno ners County Managers Caere 4/30/2007 2'.38 PM file: / /C:AARendaTestALxportA82- May %20X.0, 8202007A I6. %2000NSENTg /g20AGENI)AAI6D.._ 512/2007 Agenda Item No. 16D3 May 8, 2007 Page 1 of 5 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves, and authorizes the County Manager to sign, a lien agreement with Roger Gutierrez and Sara Llorca (Owners) for deferral of 100% of Collier County impact fees for an owner- occupied affordable housing unit located at Lot 91 Trail Ridge. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the County Manager to sign, the attached lien agreement with Roger Gutierrez and Sara Llorca 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 Roger Gutierrez and Sara Llorca, which application, after staff review, was determined to qualify for the program. Their legal status has been verified and their documents are on file at the office of Housing and Human Services. The property is located in the Habitat for Humanity Trail Ridge Subdivision in Naples. 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. FISCAL IMPACT: This agreement defers 512,143.84 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 Fees for Owner Occupied Affordable Housing Dwelling Units with Roger Gutierrez and Sara Llorca for property located in on Lot 91, Trail Ridge. PREPARED BY: Marcy Krumbine, Director, Housing and Human Services Rewrn m Mare, 6rumhise Collier County Housing and Human Services 3050 N. Horseshoe [incessant 110 Naples. FL 34104 File# 06- 064 -IF This space for rveneding Agenda Item No. 16D3 May 8, 2007 Page 2 of 5 LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this ! S— day of U i (L, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Roger Gutierrez and Sara Llorea" (OWNER), collectively stated as the "Panics." 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 Twelve Thousand. One Hundred Forty -Three dollars and 84/100 ($12,143.84). 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 Agreements 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 1 of 2 Agenda Item No. 16D3 or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are May 8, 2007 then in default and immediately due and payable. The COUNTY shall be entitled to recover Page 3 of 5 all fees and costs, including attorney's fee 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. 8. This Agreement is the sole agreement between the patties 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. W ess S. ` PrintName M /) L ✓ a Winn ses: 2f4 Print Name orma L,ti -Tr-e OWNER: Roger Gutierrez OWNER- Sara Llorca STATE OF FLORIDA -( COUNTY OF COLLIER �r The foregoing Agreement was acknowledged before me this day of AP -c L 2007 by "Roger Gutierrez and Sara Llorca', who are personally known to me nor produced D11 L as identification [NOTARIAL SEAL] � iil.nV ii H Rv�i R L. a (Print Comm4 lion Number: My Co ission Expires: COLLIER COUNTY. FLORIDA By: JAMES V. MUDD, COUNTY MANAGER STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement was acknowledged before me this day of 2007, by James V. Mudd, County Manager, on behalf of the COUNTY, who is personally known to me. [NOTARIAL SEAL] (Signature of Notary Public) (Print Name of Notary Pu Commission Number: My Commission Expires: Recommend approval: Marcy Krumbine, Director of Housing & Human Services Page 2 of 2 EXHIBIT "A" --- LEGAL DESCRIPTION Lot 91, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages71 through 77, inclusive, of the Public Records of Collier County, Florida. EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee I. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES JAK A,,.o M _!_ /_ Agenda Item No. 16D3 May 8, 2007 Page 4 of 5 Amount Owed $93.00 $59.80 $192.37 $561.70 $560.68 $827.00 $3,731.00 $150.14 $83.05 $2,760.00 $3,125.00 $12,143.84 Page 1 of 1 Agenda Item No 16D3 May 8, 2007 Page 5 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 110D3 Item Summary: Recommendovon flow the Bosrd o; County Commissioners aour ovea. and authorizes the County Manager to sign, a hen agreement with Roger Cuuerrez and Sara -llorOd (Owners) for deferral of 1999, of Collier County Impact fees for an owner - occupied d1fomame housing unit located at Lot 91 Trail Ridge. Meeting Date: 5/82007 9 00 00 AM Prepared By Marcy Krumbine Director Dare Public Services Housing& Human Services 41201 11: 31: 43 AM Approved By Jeff Ktatzkow Assistant County Ahorncy Data County Attorney County Attorney Office 412312007 9:53 AM Approved By Marla Ramsey Publm Services Administrator Date Public Services Public Services Atmin. 412412007 5:45 PM Approved By OMB Coordinator Administrative Assistant Date County Manager s Office Office of Management& actual 41251200710: 05 AM Approved BY Sherry Pryer Management & Budget Analyst Data County Managers Office Office of Management & doctor 4/2712007 1:23 PM Approved By M lcheel Smykowski Memencrenl & Bubget Droi Date County M ammer's off". Offlceof Management &Budget 412 9120 07 1 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's office 4130120072: 40 PM file : / /CVAgendaTest\ExportA82- May% 208, %202007A 16. %2000NSENT %20AGENDAA 161) ... 5/2/2007 Agenda Item No. 16D4 May 8, 2007 Page 1 of 5 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves, and authorizes the County Manager to sign, a lien agreement with Colbert Nicolas (Owner) for deferral of 100% of Collier County impact fees for an owner - occupied affordable housing unit located at Lot 152 Trail Ridge in Naples. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the County Manager to sign, the attached lien agreement with Colbert Nicolas 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 Colbert Nicolas, which application, after staff review, was determined to qualify for the program. Their legal status has been verified and their documents are on file at the office of Housing and Human Services. The property is located in the Habitat for Humanity Trail Ridge in Naples. 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. FISCAL IMPACT: This agreement defers $12,143.84 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 s� Manager to sign, the attached Lien Agreement for Deferral of 100% of Collier County Impact Fees for Owner Occupied Affordable Housing Dwelling Units with Colbert Nicolas (Owner) for property located at Lot 152, Trail Ridge. PREPARED BY: Marcy Krumbine, Director of Housing and Human Services Return to Marcy Rrumhine Collier County Housing and Human Services 3050 N. Harseshue Drive Suite 110 Naples, FL 34104 File# 06083 -IF This space far recording Agenda Item No. 16D4 May S, 2007 Page 2 of 5 LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this I `Y day of 6, C, . , 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Colbert Nicolas' (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 Twelve Thousand, One Hundred Fortv -Three dollars and 84/100 ($12,143.84). 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 acrd 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. 16D4 or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are May 8, 2007 then in default and immediately due and payable. The COUNTY. shall be entitled to recover Page 3 of 5 all fees and costs, including attorneys fee 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. 8_ 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. Wim sses: 1 'Print Name /)A fl Witnesses: Print Name / J njrnc yt,--T ry OWNER: COQ rf /iGo %vS Colbert Nicolas OWNER: N/A STATE OF FLORIDA COUNTY OF COLLIER _ The foregoing Agreement was acknowledged before me this day of , 2007, by "Colbert Nicolas ", who is personally known to me or t produ� as identification [NOTARIAL SEAL] � 1'OL ll.D�ri +i kodiS (Sigma eof�otaryPubl I, (Print Name of Notary Public) Commission Number: My Commission Expires: COLLIER COUNTY, FLORIDA By: JAMES V. MUDD, COUNTY MANAGER STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement was acknowledged before me this day of , 2007, by James V. Mudd, County Manager, on behalf of the COUNTY, who is personally known to me. [NOTARIAL SEAL] I EUrti. Jeffre)t. Klatzl[�w Assist�(rt Coun ttomey (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 EXHIBIT "A" -- LEGAL DESCRIPTION Lot 152, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages7l through 77, inclusive, of the Public Records of Collier County, Florida. EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee I. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES JAK Appmvl 1-! Agenda Item No. 16D4 May S, 2007 Page 4 of 5 Amount Owed $93.00 $59.80 $192.37 5561.70 $560.68 $827.00 $3,731.00 5150.24 $83.05 $2,760.00 $3,125.00 $12,143.84 file:YC:AAgendaTestAExport\82- May %208, % 202007\16 . %2000NSENT%20AGENDAAI 6D__ 522007 Page I of 1 Agenda Item No 104 May 8, 2007 Page 5 Of COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1.GD4 Item Summary: Racommematurr that the Boars of County Commicslon..s approves, and authorizes the bounty Manager to sign, a lien agreement wan Colbert Nmdlas (Owner) for deferral of lo0rr, of Collier County Impact fees !Oran owner occupied atfor0able heroine unit located at Lot 152 Trail Ridge m Naples Meeting Date: 5E/2007 50090 AM Prepared By Marcy Krumbine Director pate Public Services Housing & Human Services 412212007 742:49 PM Approved By Jeff KlaPkow Assistant County Attorney Date County Attorney County Attorney Office 412312OG7 9'.52 AM Approved By Marla Ramsey Public Services Administrator Data Public Services Public Services Adman, 412412007 5'.50 PM Approved By OMB Coordinator Administrative Assistant Date County Managers Office Office of Management &border 41251200710:07 AM App mved By Bherry Pryor Management &Budget Analyst Date County Manager's Office Office of Management & Budget 4/2712007 2'.01 PM Approved By Michaol Sinykowski Management & burger Director Date County Managers Office Office of Management a Budget 4129120070: 25 AM Approved By Joni Mudd County Manager Data Board of County Cnmmrssioner5 County Managers Office 46012007 2'.46 PM file:YC:AAgendaTestAExport\82- May %208, % 202007\16 . %2000NSENT%20AGENDAAI 6D__ 522007 Agenda Item No. 16D5 May 8, 2007 Page 1 of 10 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners review and accept the corrective action plan following the KMPG audit of the housing and grants programs, now located in the Housing and Human Services Department. Objective: That the Board of County Commissioners review and accept the corrective action plan provided by the staff of the Housing and Human Services Department, following the 2006 audit performed by KPMG. Considerations: On March 13, 2007, KPMG presented the results of their audit of the housing and grants programs to the Board of County Commissioners. The BCC voted to accept the results of the audit and management's responses to the findings. Only two of the fifteen findings remain outstanding. The staff members have requested assistance from the HUD -Miami office for resolution. All of the other findings have been resolved and appropriate checks instituted in our procedures to ensure compliance. The attached exhibits explain the corrective actions and examples of new checklists which have been incorporated in our procedures. Staff will be attending trainings through June of 2007. After each training, policies and procedures will be updated to reflect the new information. Staff will perform in- service training for those members who did not attend off site training. All staff members will review and acknowledge receipt of training and new procedures. Fiscal Impact: None Growth Management Impact: None Recommendation: That the Board of County Commissioners review and accept the corrective action plan for our Housing and Grants programs in the Housing and Human Services Department. Prepared by: Marcy Krumbine, Director of Housing and Human Services Lo f 0 no— j N m OL m a N m Q z H O O N r- �' ° w Q. G by v ON= .� O G_ a O.° s Q U p V �v' N pp y p N v q a T.m o Cv0 3 ,C= v w ca w cva o� v C U .-. ' °� •o '� m `^ ° `� e N � o ° 3 3 p d � G r, �e n Q d d L G a L C b E v w `d v w v 'v d v G 0 G b G O U p Q is .C, p w 7 a 0 G H y� v aCi v v O U w w C U U id O E �, y p v �`ni, O 0. v G �"" G .. U G. 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TN iC U CN O .b q�q •"�' o r 3 O O U 0 m C. g o F. a'bi ce c a v �' v v G %� O F ob E E N N o O C C r"0 n p N F 5 v 7 O e.S .� .b 0 0 y.� C C 0 3 v PL. 000 m F x 0 W 0 C b w.� cww�c eFO 0 C) o 0.3 a v c °d v o.E_ ❑❑a° [ O aE 0 0 C' ro E x^ ro a E 7 C E 0 C^ a° °to° .3 v c H b oonab o D E � c E o� ^� °° c dam° o 0 o s F b ° .= a C 5 a° B s 3 v e U O R r- ° L 3 N r— N U a�O' Y E �'C U EEJ ��0 .�+ C F N �, ��T C� U CFO 0EC w m$ = m c c c c g o 3 c U L r c o c v m b d 0 0 E N U Cn .3 F L o° 'O L o �- C F 0 iy A 0 G e00 > t: o❑ v 0 b 3 .D _> C y .O 5 c'^ p o vo C Cam_, H 0 7 p 0 p N G 0 F o �N�yy �y m O' % v Q ❑ aFi .� c a T° W e ffi qF a° m° F U 3 F o g L o ao N 00 a„ p d •3 v E N w .O a w 3 aNx NN �'�bxF v ofn d.FpCrn 3 �� cG ° ¢� ho2Sv� � 0 p C L F w E H v ° 4.U> U N U C p " G V O C h 6v9 i ' 'O 4 'O Y w N C O C 'V .:4 y w 'vii p,y C C U d E 3 v It N C o 3 w° Kb�'O aF F g �O O E F yaLLLOi^ q c F a Ug c �c w � 3 0o R a •0 N 0 3 ,w -.. y ri ni Cs c 0 N Agenda Item No. 16D5 May 8, 2007 Page 4 of 10 EXHIBIT "A" Homing & Grants Section 1. RevicwRcquest for. _new contract; ._amendment. if so, mmnber other, explain 2. Subrettpicat 3. Program' 4. Project Name• 5. Action Piaa ye . 6. Is this a=dtk-yr. contact _ yes; —n0-0'a- Ryes, max obLgatim: f 7. Purpose of contactlamadmsot 8. A. Wbat is the new or current contract tam? B, Will the contract tam be increased? _,yes _ o; if yea, by how much will it mctmse? C. Wbat will be th revised contact term: 9. A. What is the> /cmrcntcontact mount $ Fatd Source: IDIS# InpmiD S Fund Source: IDIS # put ID B. Will the contact amount be i euessed? yes _ no; if yek by how much? S Fund Source: _ S Fend Source: C Wbat will be the revised total contract mount $ I& identify National Objective: _ NIA; _ low/mod (Um) benefit; _eliminal;m of slum /kdight; _ urgent teed If Vm: _ srea benefit; _ limited cfienlele, _ housing activities _job crcationhetention 11. identify Eligible Activity: _ N /A; _ public a ices; _ public facilities; _ housing tebsb; _ Mquisitien; _ special ecmwmic development; _ dispoaition; _microenumpn e; _ otba (identify) :. 12. ARR Att l (Chew ... 1. Copy ofAgrcement /Amendment (attach docmnent) 2. Copy of Euvirmunental Deterninatio / Fund Release (attach detemwvuion) 3. IDIS Setup Request (attach request) 4. Debmmeot Parties List Clamanee ( atacb document) S. Davis Bacon and URA (attach docataenQ 13. Grant Coordinator.(print) (=twl) Date: Section 2– Finance Compliance Revew dateltime rmdved: Fund Code l: F C 2: Rccommend to Appmve/Disapprove: Finance Reviewer. (prints (initial) Date: Section 2– Administration Compliance Review RenarYs' __ – Recamend to Approve/Disapprove: Administration Reviewer: (print) (initial) Date: Section 4– operations Compliance Review Remmb: Reommeod to Approve/Disapprove: Operations Reviewer. (print) (initial) Date: Section 5– Management Determination (�kl Hosing Manger I Director Initials _ Approve _ Disapprove Date: O: GRANTS >FORMS>OPERATIONS>PROJECT FORMS>Agraammu- Ameodnemt Review Request Form (ARR)-do Agenda Item No. 16D5 May 8, 2007 Pape 5 of 10 EXHIBIT "B" Attachment A CHDO CHECKLIST The information contained in this checklist refers to the definition of Community Housing Development Organizations (CHDOa) in Subpart A, 1192.2 of the HOME Rule. The checklist is a tool for participating jurisdictions concerning the documents they must receive from a nonprofit before it may be certified or recertified as a CHDO. For monitoring purposes, PJs should be asked to maintain the completed checklist on file to document compliance with the regulations. I. LEGAL STATUS A. The nonprofit organization is organized under State or local laws, as evidenced by: a Charter, OR Articles of Incorporation. B. No part of its net earnings inure to the benefit of any member, founder, contributor, or individual, as evidenced by: a Charter, OR Articles of Incorporation, C. Has a tax exemption ruling from the Internal Revenue Service (IRS) under Section 501(c)(3) or (4) of the Internal Revenue Code of 1986, as evidenced by: a 501(c)(3) or (4) Certificate from the IRS. 104 Is classified as a subordinate of a central organization non - profit under section 905 of the Internal Revenue code, as evidenced by: a group exemption letter from the IRS that includes the CHDO. D. Has among its purposes the provision of decent housing that is affordable to low- and moderate - income people, as evidenced by a statement in the organization's: _ Charter, _ Articles of Incorporation, _ By -laws, OR Resolutions. II. CAPACITY A. Conforms to the financial accountability standards of 24 CFR 64.21, -Standards for Financial Management Systems', as evidenced by: Agenda Item No. 16D5 May 8, 2007 Page 6 of 10 a notarized statement by the president or chief financial officer of the organization: _ a certSfication from a Certified Public Accountant, OR _ a ROD approved audit summary. B. Has a demonstrated capacity fox carrying out activities assisted with HOME funds, as evidenced by: _ resumes and /or statements that describe the experience of key staff members who have successfully completed projects similar to those to be assisted with HOME funds, OR _ contract(s) with consultant firms or individuals who have housing experience similar to projects to be assisted with HOME funds, to train appropriate key staff of the organization. C. Has a history of serving the community within which housing to be assisted with HOME funds is to be located, as evidenced by: _ a statement that documents at least one year of experience in serving the community, OR _ for newly created organizations formed by local churches, service or community organizations, a statement that documents that its parent organization has at least one year of experience in serving the community. The CHDO or its parent organization must be able to show one year of serving the community prior to the date the participating jurisdiction provides HOME funds to the organization. In the statement, the organization must describe its history (or its parent organization's history) of serving the community by describing activities which it provided (or its parent organization provided), such as, developing new housing, rehabilitating existing stock and managing housing stock, or delivering non - housing services that have had lasting benefits for the community, such as counseling, food relief, or childcare facilities. The statement must be signed by the president or other official of the organization. III. ORGANIZATIONAL STRUCTURE A. Maintains at least one -third of its governing board's membership for residents of low - income neighborhoods, other low- income community residents, or elected representatives of low- income neighborhood organizations as evidenced by the organization's: - By -Laws, Agenda Item No. 161D5 May 8, 2007 I Charter, OR Articles of Incorporation. Under the HOME program, for urban areas, the term "community" is defined as one or several neighborhoods, a city, county, or metropolitan area. For rural areas, "community" is defined as one or several neighborhoods, a town, village, county, or multi - county area (but not the whole state). B. Provides a formal process for low-income, program beneficiaries to advise the organization in all of its decisions regarding the design, siting, development, and management of affordable housing projects, as evidenced by: the organization's By -laws, Resolutions, OR a written statement of operating procedures approved by the governing body. C. A CHDO may be chartered by a State or local government, but the following restrictions apply: (1) the State or local government may not appoint more than one- -hird of the membership of the organization's governing body; (2) the board members appointed by the State or local government may not, in turn, appoint the remaining two - thirds of the board members; and (3) no more than one -third of zhe governing board members are public officials (including any employees of the PJ), as evidenced by the organization's: By -laws, Charter, OR Articles of Incorporation. D. If the CHOU is sponsored or created by a for- profit entity, the for - profit entity may not appoint more than one -third of the membership of the CHDO's governing body, and the board members appointed by the for - profit entity may not, in turn, appoint the remaining two -birds of the board members, as evidenced by the CHDO's: _ By -laws, Charter, OR Articles of Incorporation. IV, RELATIONSHIP WITH FOR - PROFIT ENTITIES A. The CHDO is not controlled, nor receives directions from individuals, or entities seeking profit from the organization, as evidenced by: .. the organization's By-laws, OR a Memorandum of Understanding (MOU) . B. A Community Housing Development Organization may be sponsored or created by a for- profit entity, however: Agenda Item No. 16D5 May 8, 2007 (1) the for-profit entity's primary purpose does not include the development or management of housing, as evidenced: in the for - profit organization's By -laws AND, (2) the CHDO is free to contract for goods and services from vendor(s) of its own choosing, as evidenced in the CHDO's: _ By -laws, _ Charter, OR Articles of Incorporation. Q �X _ OD dr co O N Nh O 0 L f, OOOO tO OM OO to .- co NCD NN C6 •-�� r N N � N O 0 qw OOf�OO O Mr O O O M tp N t0 T N O f,O to O to to CO O to N Mtn — PO 1 t7 C N OOO tD f-^ to O tn OM t0 O r 1` 0; r -T �- 1- e I tL N +- M 1 N CD MMOM O^OOr-�' ^�� O Q)Of 01TOO`O F a�ao$.- aDtn�rn S2 In t.-1.- �o9rnrnrnrnoo EXHIBIT "C' p o .- .- N C O�� r O to Oln OO to OOOOOO to O O 0010. -N.-N GC �C O M N F- ARM V'- f�tD V'������d' O Fla to N CI C N m Q �X _ OD dr co O N Nh O 0 L f, OOOO tO OM OO to .- co NCD NN C6 •-�� r N N � N O 0 qw OOf�OO O Mr O O O M tp N t0 T N O f,O to O to to CO O to N Mtn — PO 1 t7 C N OOO tD f-^ to O tn OM t0 O r 1` 0; r -T �- 1- e I tL N +- M 1 N CD MMOM O^OOr-�' ^�� O Q)Of 01TOO`O F a�ao$.- aDtn�rn S2 In t.-1.- �o9rnrnrnrnoo EXHIBIT "C' Page I of I Agenda Item No. 16D5 May 8, 2007 Page 10 of 10 file : / /C:\Agenda9'est \Export\82 - May %208, / 202007\ 16.%2000NSENT ° /a20AGENDA\ 16D.... 52/2007 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D5 the Board of County Commissioners review and accept me corrective action plan provided Item Summery: by me staff of the Housing and Human Services Department following the 2005 audit bottomed by KPi Meeting Date: 51812207 0'.00'.00 AM Prepared By Marcy Krumbine Director Date Public Services Housing & Human Services 4123120071:51:14 PM Approved By Marcy Krumbine Director Data Public Services Housing & Human Services 412412007 12 47 PM Approved By Marla Ramsey Public Services Administrator Oat. Public Services Public Services Arnold 412612007 0:40 AM Approved By OMB Coommem, Administrative Assistant Date County Manager s Office Office of Management & Budget 412712007 9:07 AM Approved By Sherry Pryor Management &Budget Analyst Date County Manager's Office Office of Management & Budget 412712007 2'.57 PM Approved By Mark lsackson Butlget Analyst Date County Manager's Office Office of Management & Burger 5111200 7 12'.36 me Approved By Michael Smykowski Management & Burger Director Date County Managers Office Office of Management & Budget 51112007 2:58 PM Approved By Jamesv. Mudd County Manager Date Board of County County Manager s Office 511120074'. 37 PM Commissoners file : / /C:\Agenda9'est \Export\82 - May %208, / 202007\ 16.%2000NSENT ° /a20AGENDA\ 16D.... 52/2007 Agenda Item No. 16D6 May 8, 2007 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to approve U. S. Department of Housing and Urban Development (HUD) requested changes to the existing Collier County and the City of Marco Island Urban County Cooperation Agreement for the administration of the Community Development Block Grant (CDBG) program and submit the revised agreement to HUD. OBJECTIVE: To facilitate cooperation between the Board of County Commissioners (BCC) and the City of Marco Island in the administration and implementation of an Urban County Cooperation Agreement for the Community Development Block Grant (CDBG) program. CONSIDERATIONS: Collier County, along with the cities of Naples and Marco Island became eligible to receive federal CDBG entitlement funds on an annual basis through an Urban County Cooperation Agreement adopted by all jurisdictions in September 2000. The urban county partnership was re- qualified by HUD in June 2003 through the adoption of a new urban county agreement. In October 2006, all three parties entered into new Urban County Cooperation Agreements for Fiscal Years 2007, 2008 and 2009. In December 2006, HUD notified the County that the agreements needed to be amended to add new language as follows: • Page 2, clause 5 — add "including but not limited to, (a) acquisition of property for disposition for private reuse, especially for low and moderate income housing, (b) direct rehabilitation of or financial assistance to housing, (c) low rent housing activities, (d) disposition of land to private developers for appropriate redevelopment, and (e) condemnation of property for low income housing." • Page 2, clause 6 — add "as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, section 109 of Title I of the Housing and Community Development Act of 1974 and other applicable laws." • Page 4, clause 14 — Change sentence to "Disputes between the county and the municipality will be resolved through the procedures contained in Chapter 164, Florida Statutes. • Legal Certification — add "including but not limited to, (a) acquisition of property for disposition for private reuse, especially for low and moderate income housing, (b) direct rehabilitation of or financial assistance to housing, (c) low rent housing activities, (d) disposition of land to private developers for appropriate redevelopment, and (e) condemnation of property for low income housing." The City of Marco Island adopted the amended Urban County Cooperation Agreement on February 20, 2007. Agenda Item No. 16D6 May & 2007 Page 2 of 12 FISCAL IMPACT: The urban county partnership receives approximately $2,300,000 in CDBG entitlement funding with the cities of Naples and Marco Island receiving approximately $115,000 and $75,000, respectively, as determined by HUD formula. There is no impact on general revenue. GROWTH MANAGEMENT IMPACT: The CDBG program is consistent with and supports the Housing, Future Land Use and Recreation and Open Space Elements of the Collier County Growth Management Plan by providing housing assistance, infrastructure improvements and other programs to improve the health, safety and welfare of the very low to moderate - income residents of the community. LEGAL CONSIDERATIONS: This is a HUD form agreement that is being amended pursuant to HUD directive. Both the proposed Agreement and the Resolution were reviewed and approved by the Office of the County Attorney for legal form and sufficiency. —JAK. RECOMMENDATION: That the BCC approve revisions to Collier County and the City of Marco Island's Urban County Cooperation Agreement and submit to HUD. Prepared by: Susan Golden, Federal /State Grants Administration Manager Housing and Human Services Agenda Item No. 16D6 May 8, 2007 Page 3 of 12 URBAN COUNTY COOPERATION AGREEMENT BETWEEN COLLIER COUNTY AND CITY OF MARCO ISLAND THIS URBAN COUNTY COOPERATION AGREEMENT, by and between Collier County, a political subdivision of the State of Florida through its Board of County Commissioners of Collier County, Florida (hereinafter referred to as the "County "); and the City of Marco Island, Florida (hereinafter referred to as the "City "). WITNESSETH WHEREAS, the Housing and Community Development Act of 1974, as amended, makes provision whereby counties may enter into cooperation agreements with certain units of government to carry out activities which will be funded from annual Federal Housing and Urban Development (HUD) Community Development Block Grant program funds; and WHEREAS, the cooperation of the City and County is essential for the successful planning and implementation of the Community Development Block Grant program under an "Urban County" designation by the U.S. Department of Housing and Urban Development; and, WHEREAS, the City has opted to be included in the Urban County Program for Federal Fiscal Years 2007 -2009. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES SET FORTH HEREIN, THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AND THE CITY OF MARCO ISLAND, FLORIDA AGREE AS FOLLOWS: 1. This Agreement covers the County's and the City's participation during Fiscal Years 2007 through 2009 in the HUD Community Development Block Grant Entitlement program. 1 Agenda Item No. 16D6 May 8, 2007 Page 4 of 12 2. This Agreement will be automatically renewed for participation in successive three -year qualification periods, unless the County or the City provides written notice 90 days prior to the start of the Federal Fiscal Year that it elects not to participate in a new qualification period. By the date specified in HUD's Urban County qualification notice for the next qualification period, Collier County will notify the City of Marco Island of its right to be automatically renewed or withdraw from the Urban County designation. 3. Failure by either party to adopt an amendment to the Agreement incorporating all changes necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice applicable for a subsequent three -year urban county qualification period, and to submit the amendment to HUD as provided in the Urban County Qualification notice, will void the automatic renewal of such qualification period. 4. Neither party may terminate or withdraw from this agreement while it remains in effect. This Agreement will remain in effect until all of the CDBG funds and income received with respect to this three -year urban county qualification period (and any successive qualification periods) are expended and the correspondingly funded activities have been completed. 5. The County and the City agree to cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, including but not limited to, (a) acquisition of property for disposition for private reuse, especially for low and moderate income housing, (b) direct rehabilitation of or financial assistance to housing, (c) low rent housing activities, (d) disposition of land to private developers for appropriate redevelopment, and (e) condemnation of property for low income housing. I Agenda Item No. 16D6 May 8, 2007 Page 5 of 12 6. The County and the City are obligated to take all actions necessary to assure compliance with the County's certification required by Section 104 (b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974, and other applicable laws. 7. This Agreement prohibits the City's use of Urban County funding for activities, in or in support of the City, that do not affirmatively further fair housing within the City's jurisdiction or that impede the County's actions to comply with its fair housing certification. 8. The City has adopted and is enforcing: a. a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non- violent civil rights demonstrations; and b. a policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstrations within its jurisdiction. 9. Pursuant to 24 CFR 570.501(b), the City is subject to the same requirements applicable to subrecipients, including the requirements for a written agreement set forth in 24 CFR 570.503. 10, The County has final responsibility for selecting CDBG activities and annually filing the Action Plans with HUD. 11. The County agrees to provide technical assistance to the City in the planning and implementation of CDBG Entitlement activities. 12. By executing this program agreement the City expressly understands and agrees that: a. it may not apply for grants under the Small Cities or State CDBG programs from appropriations for fiscal years during the period in 3 Agenda Item No. 16D6 May 8, 2007 Page 6 of 12 which it is participating in the Urban County's CDBG program, and b. it may use the funds received pursuant to this agreement only for HUD eligible uses. 13. City of Marco Island will receive its CDBG funding based on the HUD allocation formula for HUD eligible projects on Marco Island. If HUD determines that the proposed use of the funds are not eligible under HUD guidelines and requires reimbursement then the City of Marco Island will immediately reimburse the County the amounts determined not to have been properly expended. 14. Disputes between the county and the municipality will be resolved through the procedures contained in Chapter 164, Florida Statutes. 4 Agenda Item No. 16D6 May 8, 2007 Page 7 of 12 IN WITNESS WHEREOF, the County and the City have executed this Agreement effective as of the latter date written below. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA. A POLITICAL Dwight E. Brock, Clerk SUBDIVISION OF THE STATE OF FLORIDA 0 am Jim Coletta, Chairman as to form and _ Assist$nt Coun�V Attorney ATTEST: THE CITY OF MARCO ISLAND COUNTY OF COLLIER, FLORIDA. A POLITICAL Laura Litzan, City Clerk SUBDIVISION OF THE STATE OF FLORIDA By' ' Date: z 'O7 By: �W�L ✓�J�+�' "� Terri DiSCiullo , Chairwoman Approved as to form and legal sufficiency Richard Yovanov , City Attorney 5 Agenda Item No. 16D6 May 8, 2007 Paae 8 of 12 LEGAL CERTIFICATION BY COLLIER COUNTY'S COUNSEL As the legal counsel for Collier County, I hereby state that the terms and provisions of this Agreement are fully authorized under State and local law, and that the Agreement provides full legal authority for the County to undertake or assist in undertaking essential community development and housing assistance activities, including but not limited to, (a) acquisition of property for disposition for private reuse, especially for low and moderate income housing, (b) direct rehabilitation of or financial assistance to housing, (c) low rent housing activities, (d) disposition of land to private developers for appropriate redevelopment, and (e) condemnation of property for low income housing. Jeffry A. Klkow, Assistant County Attorney Colli r Count 4M - �2nn7 Da t6 6 Agenda Item No. 16D6 May 8, 2007 Page 9 of 12 LEGAL CERTIFICATION BY CITY OF MARCO ISLAND'S COUNSEL As the legal counsel for the City of Marco Island, I hereby state that the terms and provisions of this Agreement are fully authorized under State and local law, and that the Agreement provides full legal authority for the City to undertake or assist in undertaking essential community development and housing assistance activities, including but not limited to, (a) acquisition of property for disposition for private reuse, especially for low and moderate income housing, (b) direct rehabilitation of or financial assistance to housing, (c) low rent housing activities, (d) disposition of land to private developers for appropriate redevelopment, and (e) condemnation of property for low income housing. Richard Yovanovic , City Attorney City of Marco Island Zlxs10} Date 7 Agenda Item No. 16D6 May 8, 2007 Page 10 of 12 RESOLUTION NO. 2007- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PERTAINING TO AN AMENDMENT TO THE CITY OF MARCO ISLAND AND COLLIER COUNTY'S URBAN COUNTY COOPERATION AGREEMENT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FEDERAL FISCAL YEARS 2007 -2009; PROVIDING FOR CERTAIN COMMITMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Housing and Community Development Act of 1974, as amended, provides that counties may enter into cooperation agreements with certain units of government to carry out activities which will be funded from annual HUD Community Development Block Grant (CDBG) Entitlement program funds; and WHEREAS, on September 26, 2000, June 24, 2003, and October 24, 2006, the City of Marco Island entered into three -year "Urban County" Agreements with Collier County; and WHEREAS, the City of Marco Island desires to continue participation in an amended "Urban County" Agreement with Collier County; and WHEREAS, the cooperation of Marco Island and Collier County is essential for the successful planning and implementation of the HUD Community Development Block Grant program under an "Urban County" designation by the U.S. Department of Housing and Urban Development; and WHEREAS, the U. S. Department of Housing and Urban Development (HUD) has requested that the existing Urban County Cooperation Agreement be amended to add new language; and WHEREAS, this Agreement covers the period necessary to carry out activities which will be funded from appropriations for Federal Fiscal Years 2007 -2009 CDBG Entitlement funds, including any automatic renewal periods. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. The Board of County Commissioners does hereby agree to adopt the amended Urban Cooperation Agreement with the City of Marco Island for continued participation in the Community Development Block Grant program for Federal Fiscal Years 2007 -2009. Section 2. The Chairman is hereby authorized to sign the amended Urban Agenda Item No. 16D6 May 8, 2007 Page 11 of 12 Cooperation Agreement and this Resolution and the Clerk of the Circuit Court to attest to same. BE IT FURTHER RESOLVED that this Resolution be recorded by the Clerk of Courts in the Public Records of Collier County, Florida. This Resolution adopted after motion, second and majority vote, this _ day of ,0007. ATTEST: DWIGHT E. BROCK, CLERK 10 Deputy Clerk Approved as to form and eg• of iency: Jcffre��A. Klatz'ow Mana�ang Assis ant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Pau I of I Agenda Item No. =613(f May S. 2007 Pape 12 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1605 Item Summary: ROCpmmendavon m approve L S Deparimenl ofHOUSIng and Urban Development THUD) repuesled changes is the exiling Coll=ar Coualy and the Cdy of Marco Island Urban County (,Opervon mein for the aomwisiraoon o' the Community Development elodx Grant iCDBGi bregtarneand submit the revises agreement to HGD Meeting Date: 5161101= O 00 CO AM Prepared By Federal /Stale Grants Administration Susan Gold., Data Manager Public Services llousing B Human Services 412012007 9 O : 59 AM Approved By Marcy Krundame Director Date Public Services Housing 8 Human Services 412012007 11'.08 AM Approved By Marla Ramsey Public Servloes AOmmisvmor pate Public Services Public Services Agmm. 412612007 11.26 AM Approved By ONE Corroborator Ado... rabve A11,mnt Date COPnt, Manager s Office Ofhce of Management &Butlget 4i 2712007 B. 54 AM Approved By Sherry Pryor Management& nurser Analyst Data county Manaaar'e Cc', Ofhec of Management & Butlget 412712007 3'.35 PM Approved By Mark lseceson Butlget Analyst ,rat, County Managers Office Office of Management & Butlget Y11200712.53 WA Approved By James V. lel Cormty Monaaer Oat, Board of County Lamnuseioners County Manager s(Nfice 51112007 7.14 PM file: / /C:AAgendaTestAExport \82- May %208 %202007A 16. %2000NSEN "f %20AGENDAA i 6D._. 5/22007 Agenda Item No. 16D7 May 8, 2007 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to approve U. S. Department of Housing and Urban Development (HUD) requested changes to the existing Collier County and the City of Naples Urban County Cooperation Agreement for the administration of the Community Development Block Grant (CDBG) program and submit the revised agreement to HUD. OBJECTIVE: To facilitate cooperation between the Board of County Commissioners (BCC) and the City of Naples in the administration and implementation of an Urban County Cooperation Agreement for the Community Development Block Grant (CDBG) program. CONSIDERATIONS: Collier County, along with the cities of Naples and Marco Island became eligible to receive federal CDBG entitlement funds on an annual basis through an Urban County Cooperation Agreement adopted by all jurisdictions in September 2000. The urban county partnership was re- qualified by HUD in June 2003 through the adoption of a new urban county agreement. In October 2006, all three parties entered into new Urban County Cooperation Agreements for Fiscal Years 2007, 2008 and 2009. In December 2006, HUD notified the County that the agreements needed to be amended to add new language as follows: • Page 2, clause 5 — add "including but not limited to, (a) acquisition of property for disposition for private reuse, especially for low and moderate income housing, (b) direct rehabilitation of or financial assistance to housing, (c) low rent housing activities, (d) disposition of land to private developers for appropriate redevelopment, and (e) condemnation of property for low income housing." • Page 2, clause 6 — add "as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, section 109 of Title I of the Housing and Community Development Act of 1974 and other applicable laws." • Page 4, clause 14 — Change sentence to "Disputes between the count and the municipality will be resolved through the procedures contained in Chapter 164, Florida Statutes. • Legal Certification — add "including but not limited to, (a) acquisition of property for disposition for private reuse, especially for low and moderate income housing, (b) direct rehabilitation of or financial assistance to housing, (c) low rent housing activities, (d) disposition of land to private developers for appropriate redevelopment, and (e) condemnation of property for low income housing." The City of Naples adopted the amended Urban County Cooperation Agreement on February 21, 2007. Agenda Item No. 16D7 May 3,, 2007 Page 2 of 12 FISCAL IMPACT: The urban county partnership receives approximately $2,300,000 in CDBG entitlement funding with the cities of Naples and Marco Island receiving approximately $115,000 and $75,000, respectively, as determined by HUD formula. There is no impact on general revenue. GROWTH MANAGEMENT IMPACT: The CDBG program is consistent with and supports The Housing, Future Land Use and Recreation and Open Space Elements of the Collier County Growth Management Plan by providing housing assistance, infrastructure improvements and other programs to improve the health, safety and welfare of the very low to moderate - income residents of the community. LEGAL CONSIDERATIONS: This is a HUD form agreement that is being amended pursuant to HUD directive. Both the proposed Agreement and the Resolution were reviewed and approved by the Office of the County Attorney for legal form and sufficiency. —.IAK. RECOMMENDATION: That the BCC approve revisions to Collier County and the City of Naples' Urban County Cooperation Agreement and submit to HUD. Prepared by: Susan Golden, Federal /State Grants Administration Manager Housing and Hunan Services Agenda Item No. 16D7 May 8, 2007 Page 3 of 12 URBAN COUNTY COOPERATION AGREEMENT BETWEEN COLLIER COUNTY AND CITY OF NAPLES THIS URBAN COUNTY COOPERATION AGREEMENT, by and between Collier County, a political subdivision of the State of Florida through its Board of County Commissioners of Collier County, Florida (hereinafter referred to as the "County "); and the City of Naples, Florida (hereinafter referred to as the "City ") WITNESSETH WHEREAS, the Housing and Community Development Act of 1974, as amended, makes provision whereby counties may enter into cooperation agreements with certain units of government to carry out activities which will be funded from annual Federal Housing and Urban Development (HUD) Community Development Block Grant program funds; and WHEREAS, the cooperation of the City and County is essential for the successful planning and implementation of the Community Development Block Grant (CDBG) program under an "Urban County" designation by the U.S. Department of Housing and Urban Development; and WHEREAS, the City has opted to be included in the Urban County Program for Federal Fiscal Years 2007 -2009. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES SET FORTH HEREIN, THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AND THE CITY OF NAPLES, FLORIDA AGREE AS FOLLOWS: 1. This Agreement covers the County's and the City's participation during Fiscal Years 2007 through 2009 in the HUD Community Development Block Grant Entitlement program. Agenda Item No. 161D7 May 8, 2007 Page 4 of 12 2. This Agreement will be automatically renewed for participation in successive three -year qualification periods, unless either the County or the City provides written notice 90 days prior to the start of the Federal Fiscal Year that it elects not to participate in a new qualification period. By the date specified in HUD's Urban County qualification notice for the next qualification period, Collier County will notify the City of Naples of its right to be automatically renewed or withdraw from the Urban County designation. I Failure by either party to adopt an amendment to this Agreement incorporating all changes necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice applicable for the subsequent three -year urban county qualification period, and to submit the amendment to HUD as provided in the Urban County Qualification notice, will void the automatic renewal of such qualification period. 4. Neither party may terminate or withdraw from this agreement while it remains in effect. This Agreement will remain in effect until all of the CDBG funds and income received with respect to this three -year urban county qualification period (and any successive qualification periods) are expended and the correspondingly funded activities have been completed. 5. The County and the City agree to cooperate to undertake, or assist in undertaking community renewal and lower income housing assistance activities, including but not limited to, (a) acquisition of property for disposition for private reuse, especially for low and moderate income housing, (b) direct rehabilitation of or financial assistance to housing, (c) low rent housing activities, (d) disposition of land to private developers for appropriate redevelopment, and (e) condemnation of property for low income housing. Agenda Item No. 16D7 May 8, 2007 Page 5 of 12 6. The County and the City are obligated to take all actions necessary to assure compliance with the County's certification required by Section 104 (b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974, and other applicable laws. 7. This Agreement prohibits the City's use and the County's use of Urban County funding for activities, in or in support of the City or County that do not affirmatively further fair housing within its jurisdiction or that impede the County's actions to comply with its fair housing certification. 8. The County and City have adopted and are enforcing: a. a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non- violent civil rights demonstrations; and b. a policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstrations within its jurisdiction. 9. Pursuant to 24 CFR 570.501(b), the City is subject to the same requirements applicable to subrecipients, including the requirements for a written agreement set forth in 24 CFR 570.503. 10. The County has final responsibility for administration of CDBG activities and annually filing the Action Plans with HUD. The City has responsibility for day to day implementation of its programs. 11. The County and City agree to work cooperatively on providing technical assistance in the planning, administration and implementation of CDBG Entitlement activities. Agenda Item No. 16D7 May 8, 2007 Page 6 of 12 12. By executing this cooperation agreement the City expressly understands and agrees that: a. it may not apply for grants under the Small Cities or State CDBG programs from appropriations for fiscal years during the period in which it is participating in the Urban County's CDBG program; and b. it may use the funds received pursuant to this agreement only for HUD eligible uses. 13. City of Naples will receive its CDBG funding based on the HUD allocation formula for HUD eligible projects in Naples. If HUD determines that the proposed uses of the funds are not eligible under HUD guidelines and requires reimbursement then the City of Naples will immediately reimburse the County the amounts determined not to have been properly expended. 14. Disputes between the county and the municipality will be resolved through the procedures contained in Chapter 164, Florida Statutes. Agenda Item No. 16D7 May 8, 2007 Page 7 of 12 IN WITNESS WHEREOF, the County and the City have executed this Agreement effective as of the latter date written below. ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA. APOLITICAL SUBDIVISION OF THE STATE OF FLORIDA W Jim Coletta, Chairman Approved as to form and legal sufficiency Jeffrey Assistant County ATTEST: THE CITY OF NAPLES COUNTY OF COLLIER, FLORIDA. A POLITICAL Tara Norman, City Clerk SUBDIVISION OF THE STATE OF FLORIDA 1 By: za Date Z/2'7/D "% By: Bill :arne7ttMayor Approved as to form and legal sufficiency Robert D. Pritt, City Attorney Agenda Item No. 161D7 May 8, 2007 Page 8 of 12 LEGAL CERTIFICATION BY COLLIER COUNTY'S COUNSEL As the legal counsel for Collier County, I hereby state that the terms and provisions of this Agreement are fully authorized under State and local law, and that the Agreement provides full legal authority for the County to undertake or assist in undertaking essential community development and housing assistance activities, including but not limited to, (a) acquisition of property for disposition for private reuse, especially for low and moderate income housing, (b) direct rehabilitation of or financial assistance to housing, (c) low rent housing activities, (d) disposition of land to private developers for appropriate redevelopment, and (e) condemnation of property for low income housing. Jeffrey. Klatzkoj�, Assistant County Attorney Collier ounty 11{ hvil a� )00 Date Agenda Item No. 16D7 May S. 2007 Page 9 of 12 LEGAL CERTIFICATION BY CITY OF NAPLES'S COUNSEL As the legal counsel for the City of Naples, I hereby state that the terms and provisions of this Agreement are fully authorized under State and local law, and that the Agreement provides full legal authority for the City to undertake or assist in undertaking essential community development and housing assistance activities, including but not limited to, (a) acquisition of property for disposition for private reuse, especially for low and moderate income housing, (b) direct rehabilitation of or financial assistance to housing, (c) low rent housing activities, (d) disposition of land to private developers for appropriate redevelopment, and (e) condemnation of property for low income housing. Robert D. Pritt, City Attorney City of Naples Date Agenda Item No. 16D7 May 8, 2007 Page 10 of 12 RESOLUTION NO. 2007- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PERTAINING TO AN AMENDMENT TO THE CITY OF NAPLES AND COLLIER COUNTY'S URBAN COUNTY COOPERATION AGREEMENT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FEDERAL FISCAL YEARS 2007 -2009; PROVIDING FOR CERTAIN COMMITMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Housing and Community Development Act of 1974, as amended, provides that counties may enter into cooperation agreements with certain units of government to carry out activities which will be funded from annual HUD Community Development Block Grant (CDBG) Entitlement program funds; and WHEREAS, on September 26, 2000, June 24, 2003, and October 24, 2006, the City of Naples entered into three -year "Urban County" Agreements with Collier County; and WHEREAS, the City of Naples desires to continue participation in an amended "Urban County" Agreement with Collier County; and WHEREAS, the cooperation of Naples and Collier County is essential for the successful planning and implementation of the HUD Community Development Block Grant program under an "Urban County" designation by the U.S. Department of Housing and Urban Development; and WHEREAS, the U.S. Department of Housing and Urban Development (HUD) has requested that the existing Urban County Cooperation Agreement be amended to add new language; and WHEREAS, this Agreement covers the period necessary to carry out activities which will be funded from appropriations for Federal Fiscal Years 2007 -2009 CDBG Entitlement funds, including any automatic renewal periods. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY OF COLLIER COUNTY, FLORIDA: Section 1. The Board of County Commissioners does hereby agree to adopt the amended Urban Cooperation Agreement with the City of Naples for continued participation in the Community Development Block Grant program for Federal Fiscal Years 2007 -2009. Section 2. The Chairman is hereby authorized to sign the amended Urban Cooperation Agreement and this Resolution and the Clerk of the Circuit Court to attest to same. ........... Agenda Item No. 16D7 May 8, 2007 Page 11 of 12 ._. BE IT FURTHER RESOLVED that this Resolution be recorded by the Clerk of Courts in the Public Records of Collier County, Florida. This Resolution adopted after motion, second and majority vote, this _ day of ,2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By Deputy Clerk JAMES COLETTA, CHAIRMAN as to form County Attorney Page I of I Arterea Item No. 16D7 May 6, 2007 Page 12 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: }60' Item Summary: RecOmmandaOOP toappr0ye U 5 Depanment of Housing and Urban Davodpment .HUD! reguested Obanges to Ilse existing Collier County and the city of Naples Urban Oounty ..00peratra , r,4remment for me aCminictration cf the Community Development BlOnk Grant ICDB6l program and submit the revised agreement ld HUD Meeting Date: 5!F 2'07 9 n On AM Prepared By FederallState Grants Admldistrature Susan Dalai Data Manager Public Servces Hours ng is Human Services 412012009 924.10 AM Approved Be Marcy adulate Director Date Public Services Housing Y Human Services 41201200 11:09 AM Approved Ry Marla Ramsey Publle Servlcea Admm"retor Date Public Services Public Services rue in 4!26120071154 AM Approved By OMB Comedumdry, Admodd iveAssrstaN pate ' cuty Manager s Office Office of Management & Budget 4/2712007 9'.04 AM Approved By Sner, Pryor Manugement& Budget Anatyet Date County Manegors'Ofbce attic, al Management &Buffet 41912007332 PM Approved By Mark lsackson Budget Analyst Date County Manager s Office Oflmg of Management& Budget 511200712.51 PM Approved Ry James V. Mudd County Mana Ber pale Board of County Commissioners County Managers Office 511200771, PM file 11C AAgendal estAExport\82 -May %208, %202007A 16.%2000NSENi %20AGENDA\1 6D... 512/2007 Agenda Item No. 16111 May 8, 2007 Page 1 of 36 EXECUTIVE SUMMARY Report and ratify Property, Casualty, Workers, Compensation and Subrogation Claims settled and /or closed by the Risk Management Director pursuant to Resolution # 2004 -15 for the second quarter of FY 07. OBJECTIVE: To gain approval from the Board of Commissioners for Property, Casualty, Workers' Compensation and Subrogation claims settled under the authority of the Risk Management Director during the second quarter of FY 07. CONSIDERATIONS: Resolution 04 -15 grants limited authority to the Risk Management Director to settle certain damage claims against Collier County and to authorize the payment of investigation and adjustment expenses as presented to the County's Risk Management Program. Authority is delegated as follows: Claim Type Delegated Authority Bodily Injury Liability- Premises, Auto, Operations Non - litigated claims less than $50,000 Non - litigated claims less than $75,000. Property Damage Liability Claims- Premises, Auto, Operations (Note- A $75,000 limit is sought due to high valued vehicles and the potential for multiple vehicle accidents.) Errors, Omissions, Professional Liability, Employment Practices Liability Non- litigated claims less than $50,000 Property Losses to County Owned Property Full authority Full authority subject to the provisions of F.S. Workers' Compensation 440 and subject to approval by the Judge of Compensation as needed Employer's Liability Non - litigated claims less than $50,000 Subrogation- Bodily Injury and Property Full authority to pursue non - litigated subrogation Damage recoveries. Subrogation- Workers' Compensation Full authority to pursue non - litigated subrogation recoveries. Pursuant to the Resolution, claims are settled and paid pursuant to the loss verification procedures contained in the Resolution which include the completion of claim forms, documentation of evidence, valuation, and the determination of a finding of liability where applicable. Closed claims are also subject to review by the external auditor. A listing of claims closed during the second quarter of FY 07 is attached. The report includes those claims and /or settlements previously approved by the Board of Commissioners. Agenda Item No. 16111 May 8, 2007 Page 2 of 36 A valid public purpose is served through the delegation of settlement authority to the Risk Management Director to settle routine, administrative and minor claim matters in order to promote the efficient use of resources; to promote the efficient administration of the program; and to allow for a timely response to claimants and /or their representatives. FISCAL IMPACT: Funds are budgeted and available in Fund 516 - 121650 - 645920 (Property and Casualty Self Insurance Fund) and 518 - 121630 - 645928 (Work Comp Claims) for the payment of covered claims and settlements. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. LEGAL CONSIDERATIONS: There are no legal considerations associated with this item. RECOMMENDATION: That the Board of County Commissioners accept the attached Settlement Report and ratify the actions taken therein. PREPARED BY: Jeff Walker CPCU, ARM, Director, Risk Management Department. Page I of I Agondaltem No _16E1 May 8, 2007 Page 3 of 36 file'./ /C:AA.gendaTest \Export \82 -May / 208, %202007A 16.a d20C0NSENTe/ 20AGENDAA76E._. 5/2/2007 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS „. Item Number 1GE1 Report and rzmy Property Casually Workers Compensation and Scre0olon Claims settled Item Summary : andlor closed by Ote Rlsk Management GRectra Gursaadt to Resolutlon & 2004 -15 for the second quarter of FY 07 Meeting Date: 5182009 9 00.00 AM Prepared By Jeffrey A. Walker, Cl Risk Management Director Date ARM Administrative so'ems Risk Management 411712007 11:07:43 AM Approved By Jeffrey A. Walker, CPCU, Risk Management Dmi Data ARM Administrative Services Risk Management 41171200711:07 AM Approved By Len Golden Price Adminlstrative Servlces Administrator Date Adminotbell Services Ademeietfates Seines Adreln. 426120074: 24 PM Approved By OMB Coordinator Adminlatrative A .... tmt Data County Manager's Ofrme On, of Management &Budget 4127120072:53 AM Approved By Laura Davison Management &Budget Analyst Datc County Managers Office D,nor of Management & Budget 413012007 3:43 PM Approved By Michael 5mykoweki Mam'den 0t A Butlget Director Date County Mammers&fine Office of Marugement &Budget 413IN20073a57 PM Approved By James V. 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N U U W W O C E Ot V ryry O H U U U [0 V O W ik N Q O W N d N V O W p t U V O � CO WW �m V O D� Z>N m _ d m c Q Y L G 0 a r y E o C 'ao 0 V p o U o3 r d U o O $o U ao p p O o N O a N a m of o o °° o c III ~ Q T @ a `m °o °p o °o °o °o _ - a o 6 0 0 0 0 0 O — @ a '_ °° o ci o 0 o O p a o 0 0 0 0 0 J � i 0 0 o 0 0 0 0 0 0 a v O c - V V W _ w A O O 0 0 O O O O O O U Q U C y m a m a -ra o 0 0 0 0 0 0 d U X W — ry n r O O O O M M O O O O NO O � d m °o U fT r Q V N o ' v ' � n O N p A N W N"7 W N N W N W N H d C ° a c c -if m E o c @ E K E rn E r °o ` c o c E E o j N > N LL U W > N 0 O N O m N 4i �N U' @ @ A _ U O N B O N Z N U N U o O u a U A> U w U U op N LL a M d S @ C V @ O N -L.. UI N ry@ ^ 3 Mi ° °°o V 3 E r v in 5 N °' m E °?Q E D EN E c �Lm3 o . U O U L M O LA .9 N U W > Q > D V U O W N M O a S d V M 61 N N • p ON M ° M N O M CO m m m o c Q m _ I C ° Q _ v - a p o 0 o -O 0 V W ° O d O O O O a U ° W N C q fO 10 � N N O U r r c n O N N v u o ro :ao Cb Q V N N Q a N o m E v co W N N V ` d V M N N N a _ N r N "N N ..... III v r N O ti � > r r N ` O A M N W � a r O 0 ° ° o m T W Q N N A N L J O a d w O v t 0 G I^ V p- d m m Z o U d' r O C N U M N 3 j Q m o m cx O Z > V 1 0 W I � Agenda Item No. 16E2 May 8, 2007 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to approve a budget amendment to increase appropriations and associated revenues for operating costs in Fleet Management Fund (521) in the amount of $530,000. OBJECTIVE: Obtain Board approval of a budget amendment to increase appropriations and associated revenues in Fleet Management Fund (521) in the amount of $530,000. CONSIDERATIONS: Fleet Management Department costs for repair parts and outsourced services were underestimated in the FY07 budget by $530,000. Principal contributors to this shortfall have been greater than average costs to maintain service levels for EMS ambulances and for Collier Area Transit (CAT) and MPO- Transportation Disadvantaged Program buses as well as other heavy equipment requirements under Fleet Management's responsibility. This budget amendment is needed to cover the costs of repair parts and service requirements for the remaining current fiscal year. FISCAL IMPACT: Appropriations for operating costs in Fleet Management Administration Fund (521) will increase by $530,000. Since Fleet Management is an internal service fund, the additional operating costs will "pass through" to affect the budgets of using departments and organizations. GROWTH MANAGEMENT IMPACT: No growth management impact is involved RECOMMENDATION: That the Board of County Commissioners approve a budget amendment to increase the FY07 Fleet Management Fund (521) operating budget expenditures and associated revenues by $530,000. PREPARED BY: Lynn A. Evans, Fleet Operations Supervisor Page I of I Agenda Item No 16E2 May 8, 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16E2 Item Summary: That the Board of County Commissioners approve a budget amendment to Increase the FY07 Fleet Management Fund (521) operating budget expenditures and associated revenues by 5530.000. Meeting Date: 5/82007 9.00:00 AM Approved By Dan Croft Fleet Management Director Oat. Administrative Services Flea Management 4113120075:43 PM Approved By Len Golden Price Administrative Servics Adminiede.f Dow Atlministrative Services Administrative Services Admin, 411]1200] 1:29 AM Approved By OMB Coordinator Administrative Assistant Data County Managers Once Office of Management & Budget 412512007 10:03 AM Approved By Laura Davisson Management & Budget Analyst Date County Managers Office Office of Management &Budget 4126201071141 AM Approved By Michael Smykowski PAanagem.nt & Budget Director Date County Manager's Office Office of Management & Budget 5111200711:45 AM Approved By James V. Mudd County Manager Date Board of County County Managers Office 51112007 6,54 PM Commissioners file ' OC'\ AvendaTeal \Fmnrt \R9- Mav °/70A°%7( 19007 \1604.?0w- INCFNT °/70ARFTRIA \l BF. Snnl 7 Agenda Item No. 16E3 May 8, 2007 Page 1 of 69 EXECUTIVE SUMMARY Recommendation to approve Change #12 to Contract # 00 -3173, "Design of the Courthouse Annex" with Spillis Candela DMJM, to re- configure the design of the second and third floors of the new Courthouse Annex (Project No. 52533) to accommodate the current, planned occupancy. OBJECTIVE: To gain approval from the Board of County Commissioners for Change #12 to Contract # 00 -3173, "Design of the Courthouse Annex' with Spillis Candela DMJM, for re- configuring the layout of the second and third floors of the new Courthouse Annex building, in accordance with the latest Occupancy /Stacking Plan. CONSIDERATIONS: On June 6, 2001, the Board awarded RFP # 00 -3173 "Design of the Courthouse Annex" to Spillis Candela DMJM. Over the years, many changes have occurred and most recently, the Board approved a revised GMP for construction on November 14, 2006, item 1 O (see Exhibit A). The original Annex Occupancy /Stacking Plan called for Clerk- Recording and Board Minutes and Records to be located on the 2nd floor, and Clerk- Finance and Internal Audit to be located on the 3rd floor. These occupancies were incorporated into final design configurations for the 2nd & 3`d floors. Based on optimizing utilization of the existing Courthouse to provide space for additional court rooms and judges' chambers, a decision was made to change the proposed occupancy of the Annex 2nd and 3rd floors. The change calls for the Clerk of Courts - Civil Division to be re- located from the existing Courthouse (6th floor) to the Annex 2nd floor; and the Clerk of Courts - Administration Division to be relocated from the existing Courthouse 5th floor to the Annex 3rd floor. The original layout of these two floors is neither appropriate nor effective for the new planned occupancy. Other overall Project budget/funding concerns resulted in the elimination of nearly $4M of furnishings for the Annex. To re- configure and re- design the existing 2nd & Td floor layouts to properly and effectively accommodate the current planned occupants, Spillis Candela DMJM has proposed a reduced rate /fee of $174,312, down from the original $290,520, and utilization of a $94,000 credit from their existing approved scope for furniture layout and specification (since furniture has been eliminated from the current project) for a net additional cost of $80,312. If the Board approves this contract change, the re- configuration and re- design efforts will be accomplished in parallel with the approved generic design of the 51" through 7`" floors and should not additionally impact the current construction schedule. FISCAL IMPACT: Funds for this change are available in the project budget. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan and the Government Complex Projected Space Plan. RECOMMENDATIONS: That the Board of County Commissioners approve Change #12 to Contract #00 -3173, "Design of the Courthouse Annex" with Spillis Candela DMJM, to re- configure and re- design the second and third floor of the Annex, to effectively accommodate the Clerk of Courts - Civil Division and Clerk of Courts Administration Division functions, respectively, in the amount of $80,312.00; and authorize the County Manager or his designee to sign the contract change. PREPARED BY: Hank Jones, P.E., Senior Project Manager, Department of Facilities Management. Page 1 of 1 Agenda Item of 16E3 May 8, 2007 Page 2 of 69 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 1EE3 Item Summary: Recommendation to approve Change #12 to Contract # 00 -3173, Design of the Courthouse Annex with SpIlts Candela DMJM, to re- configure the design of the second and third floors Of the new Courthouse Annex (Project No 52533) to accommodate the current, planned occupancy. Meeting Date: 51012007 9 00.00 AM Prepared By Hank Jones Senior Protect Manager Data Administrative Services Facilities Management 442500074:34:09 PM Approved By Skip Camp, C.F.M. Facilities Management Direct., Data ACmihisthative Services Facilities Management W26120076x42 AM Approved By Ron H...11 Principal Protect Manager Data Administrative Services Facilities Management 4,271200711:52 AM Approved By Lyn Wood Purchasing Agent Date Atlministrative Service. Purchasing 412712007 2:02 PM Approved By Steve Curnall P.,chasmglGeneral Svcs Direct., Date Administrative Services Purchasing 412712o072.22 PM Approved By Lou Galata Price Administrative Services Administrator Date Admin¢trativa Services Administrative Services Apron. 027120073.46 PM - -- Approved By OMB Coordinator Administrative Assistant Data County Ma .,,u`. Office Office of Management & Budget W2712007 4:14 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office Of Management & Budget 413012DD7 11:43 AM Approved By Michael Smyk.wski Management& Budget Director Data County Manager'. Office Office of Management & Budget 5111200711 :51 AM Approved By James V. Mudd County Manager Data Board of County County Managers Office 512120071:17 PM Com missioners file Ill \ArendaTeSf \Fxnm \R2Mav^ /?09 %?070f1 6 oG70C0 AJ',FNT%7OARFAdn A \l6P 519nnf17 A498dddtdartNNo] 6H8 NovemhW4, 2006 Page 3 of 69 EXECUTIVE SUMMARY Recommendation to approve Contract Amendment No. 6, Exhibit E, for a Guaranteed Maximum Price (GMP) of $36,685,528 under Contract No. 04 -3576, "Construction Manager at Risk Services for Courthouse Annex and Parking Garage ", with Kraft Construction Company, Inc. for the construction of the Courthouse Annex floors 1 -7, project number 52533. OBJECTIVE: To approve a contract amendment for a GMP of $36,685,528 under Contract No. 04 -3576, Construction Manager at Risk Services for Courthouse Annex, with Kraft Construction Company, Inc., for the construction of the Courthouse Annex. CONSIDERATIONS: On March 9, 2004 (agenda item 16E7) the Board approved Contract #04- 3576, "Construction Manager at Risk Services for Courthouse Annex and Parking Garage ", with Kraft Construction Company, Inc. (Kraft) with a Pre - construction Phase Fee of $115,000 (split equally between the Courthouse Annex and the Parking Garage). The Courthouse Annex was initially designed as a 4 -story building with the foundation to ultimately support seven stories. The contract requires that all materials, services and subcontracts be awarded to the lowest qualified, responsive vendor based on competition guidelines that vary by the estimated price of the item. Collier County's actual price to be paid for the work will be the actual cost of all work subcontracts, supply contracts, direct labor costs, direct supervision costs, and direct job costs plus the Construction Manager's fees, or the GMP, whichever is less when the work has been completed. On July 25, 2006 (agenda item 10L) the Board approved the partial re- bidding of Contract Amendment No. 2, Courthouse Annex Building, under contract No. 04 -3576, "Construction Manager at Risk Services for Courthouse Annex and Parking Garage" with Kraft Construction Company, Inc. and to allow Kraft to cancel most current subcontracts (the foundation, mechanical, and site subcontractors have started work and escalation increases would be negotiated with these firms). This price recognizes the work previously performed under Amendment No.2, totaling $932,405.48, with the remaining funds of $19,709,394.52 that will be utilized to offset the new GMP amount of $36,685,528.00 On October 31, 2006, Kraft submitted a GMP of $36,685,528 based on 100% construction drawings, for the construction of the Courthouse Annex (seven floors with three finished floors). The GMP was formulated by Kraft through the solicitation of price quotations from at least three subcontractors from each trade. The quotes were then thoroughly reviewed by Kraft and the design professional to ensure they matched specifications. The proposed contract amendment to incorporate the GMP with Kraft is based on the following costs: _Updated Cost Estimates Design /Permitting $4,140,000 GMP (7 stories, 3 finished) $36,685,528 Other project costs $1,134,472 Chiller Plant replacement unit $2,500,000 Subtotal $44,460,000 Commissioning $1,600,000 Finish Floors 4 -7 $6,000,000 Contingency $2,000,000 TOTAL Project Costs $54,060,000 2005 Bond Proceeds General Fund project support (1/3 mill) Commercial Paper (budgeted) TOTAL funding (as of FY 2007) Total estimated project shortfall Available Funds $22,844,000 10,782,210 13,000,000 $46,626,210 $7,433,790 A4geddJtdanNWo16128 NovemhW8, 2006 Page 2 of 64 The project estimate was reduced by eliminating nearly $4M of furnishings and by reducing $500,000 in design costs by planning on the design efforts for the final three floors to be based on a repetitive design rather than customizing each floor for the planned occupants. On June 28, 2005, agenda item 16E10, the Board approved a contract amendment with the architectural firm to design an additional three floors for the Courthouse Annex. The intent at the time was to negotiate an amendment with Kraft and their subcontractors and vendors to add floors 5 to 7 for construction once the SDP was approved and the construction documents were complete. The design was developed and the SDP amendment for floors 5 to 7 was submitted to the County on December 20, 2005. On July 5, 2006, the County issued a pre - approval letter for this SDP amendment. The building permit for the building was submitted on July 21, 2005 and is currently on the fifth re- submittal. The current estimate is that the building permit may be approved no sooner than December 2006. FISCAL IMPACT: Funds for this contract amendment are available in the project budget of $46,626,210 as detailed above. The funds budgeted in FY 2007 to finish the top 4 floors (General Fund project support of $10,782,210) will instead be used to fund the initial construction phase of the GMP. The existing budgeted funds of $46,626,210 are contingent upon the issuance of a commercial paper loan of $13,000,000. A gross commercial paper loan of $13,650,000 would be required for the construction of the Annex building, to pay for loan fees and prepaid interest. The cost to finish the remainder of the floors and the resolution to the overall project shortfall of $7,433,790, will be submitted for Board approval once the design of those floors is complete, conceptually during the FY2008 budget cycle. This shortfall will most likely be financed with commercial paper in FY 2008. The commercial paper will be repaid with General Government Building Impact Fees. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan and the Government Complex Projected Space Plan. RECOMMENDATIONS: That the Board of County Commissioners 1) approve conclusion of negotiations of a Contract Amendment for a Guaranteed Maximum Price (GMP) of $36,685,528 under Contract No. 04 -3576, "Construction Manager at Risk Services for Courthouse Annex and Parking Garage ", with Kraft for the construction of the Courthouse Annex, project 52533, 2) authorize Amendment No.6 (floors 1 -7) to revise and replacement Amendment No. 2 (floors 1- 4), 3) authorize the Chairman to execute a contract amendment with Kraft, after review by the County Attorney's Office, in an amount of $36,685,528, and 4) authorize the issuance of a Commercial Paper loan in the amount of $13,650,000. PREPARED BY: Ron Hovell, P.E., Principal Project Manager, Facilities Management Department Agenda Item No. IOF NovemberlgA"hda Item No. 16E3 Page 3 4 May 8, 2007 COLLIER COUNTY Page 5 of 69 BOARD OF COUNTY COMMISSIONERS Item Number: IOF Item Summary: Recommendation to approve Contract Amendment No 6, Exhibit E, for a Guaranteed Maximum once(GMP) of $36,685 528 under Contract No 04 -3576 Construction Manager at Risk Services for Courthouse Annex and Parking Garage, with Kraft Construction Company, Inc. for the construction of the Courthouse Annex floors 1 7 Project number 52533. )Len Price, Atlministrator, Administrative Services) Meeting Date: 11/14/2006 9 00.00 AM Apprmed By Ron Novell Principal Project Manager Data Administrative Services Facilities Management 11131281)61 47 PM Approved By Linda Best Contracts Agent Date Administrative Services Purchasing 1113120062: 14 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date Atlministrative Services Facilities Management 1113120064:57 PM Approved By Kelsey Ward Contract Administration Manager Data Administrative Services Purchasing 1113120065:32 PM Approved By Len Golden Price Administrative Services Atlministrator Date Administrative Services Adminlstranve Services Adorn. 1113120065:42 PM Approved By Susan Usher Senior Mana9ement0i dget Analyst Data County Manager's Office Office of Management a Budget 111712006422 PM Approved By James V. Mudd County Manager Date Hoard of Court, Commissioners County Manager's Office 111712006447 PM A4geddAtdarlNHo16HS NovemhW8, 2006 Page 6 of 60 - EXHIBIT E AMENDMENT NO. 6 TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER Pursuant to Articles 7 and 8 of the Agreement, dated Mareb 9 2004 between The Board of County Commissioners of Collier County. Florida, a political subdivision of the State of Florida ( "Owner') and Kraft Construction Comnanv ( "Construction Manager'), for management and construction of the Courthouse Annex and Perking Gera, Manager hereby establish the Constructions Manager's fee, Cost of the Project. Guaranteed Maximum Price below: 1. CONSTRUCTION MANAGER'S FEE '1'ro3ecr), the Uwner and uctuaruction Contract Time for the Work as set forth The Construction Managers fee. as defined in Article 8. 12 of the Agreement, for work or services performed during the Construction Phase for the Courthouse Annex Building only shall be $1,711,603.00. The Construction Phase Fee for the Courthouse Amex Building (7 story) only shall be invoiced and paid in Twenty-Two (22) monthly payments of $74,417.00 each and one final monthly payment of $74,429.00. The first monthly Application for Payment shall be submitted no earlier than thirty days following the issuance of the first Construction Authorization by Owner's Representative and the final Application for Payment shall be paid only when construction of the project is finally completed and occupancy of the Project accepted by the Owner, The Overhead and Profit for the Courthouse Annex Building (7 story) only for the Construction Phase, as defteed in Article 8.1.3 or the Agreement, shall be $1,737,407.00. This Overhead and Profit for the Courthouse Annex Building (7 story) ody shall be invoiced as defined in Article 8.13. 2. COST OF THE PROJECT The total Cost of the Courthouse Amex Building (7 story) Project only as defined in Article 9 or this Agreement is $33.236.528.00. This price recognizes the work previously performed under Amendment No. 2, totaling $932.405.48, with the remaining funds of $19.709.394.52 that will be utilized to offset the new GMP amount of $36.685.528.00 as the current Price. 3. GUARANTEED MAXIMUM Construction Manager's Guaranteed Maximum Price for the Courthouse Amex Building (7 story) Work only, including the Construction Manager's Fee, O &P for the Construction Phase, and Cost of the Project is $36.685.528.00. This Price is for the performance of the Work in accordance with the Contract Documents listed and attached to this Amendment and marked Attachments I through 6, as follows: Attachment Description Pages Dated Number Ia. Revised GMP Proposal letter with 1 thm 4 10 -30-06 Cost Breakdown for the Courthouse Annex Building (7 story) lb. Drawings, Specifications, I thru 7 10 -30-06 GMP SE' Addenda and General, Supplementary and other Conditions of the Contract On which the Guaranteed Maximum Price for the Courthouse Annex Building (7 story) is based. 2. Allowance items I thru 1 10.10 -06 3. Assumptions and clarifications I thru 7 10 -27 -06 made in preparing the GMP set Guaranteed Maximum Price. 4. Completion schedule 1 thru 2 30.30-06 Run Date 5. Alternate prices 1 thin 1 10 -10-06 6. Unit Prices 0 thru 0 N.A. 7. Revisions to the Contract 1 thru 1 10 -10 -06 8. Completed Exhibits A. B, G. H & I I thru 5 10 -30 -06 4. CONTRACT TIME A4gaddJt#aTTNNo9 6 Eta NovemhWg, 2008 Page 8 of 88 The total period of time beginning with the Construction Phase Commencement Date for the Courthouse Annex Building Only to the date of Substantial Completion of the Work for the Courthouse Annex Building is 670 calendar days ( "Contract Time'). " Commencement date can not be issued without the Building Permit ready to be issued. Attest: By 4Q Se r, Corporate Secretary CONSTRUCTION MANAGER KRAFT CONSTRUCTION COMPANY, INC. By ' Robert L. Carsello Title: Chairman As Witnessed: By - (Corpor�tg,S>a1j ATTEST: DWIGHT W. BROCK, CLERK an DEPUTY CLERK Approved as to form and legal sufficiency: Robert N. Zachary, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA QI FRANK HALAS, CHAIRMAN Attachment I a NEER FT KRA CDNSTRLICTIDN COMPANY, INC. October 10, 2006 Revised October 30, 2006 Mr. Ronald Hovell, Principal Project Manager Collier County Government Department of Facilities Management 3301 Tamiami Trail East, Building W Naples, FL 34112 RE: COURTHOUSE ANNEX BUILDING ONLY (7 STORY) NAPLES, FLORIDA Dear Mr. Hayden: A4gedd9tdenMD16H8 NovemMma 8, 2006 Page 6 of 68 We are pleased to provide you with this GNP Cost Estimate for the proposed "Courthouse Annex Building (7 Story) ". The GMP Cost Estimate was based upon the enumerated Project Documents as prepared by Spillis Candela DNJM, Inc. and our list of Qualifications. Our GNP Cost Estimate is as follows: GNP Cost for the Courthouse Annex is ............................ $36,685,538.00 We have included a 2 % Construction Managers Contingency within this GNP amount. If you have any questions, feel free to call. Sincerely, KRAFT CONSTRUCTION COMPANY, INC. 0, , P D ` oe L. Pressler Vice President/Estimating Attachments: Enumeration of the Project Documents revision dated October 30, 2006 List of Qualifications, Clarifications & Assumptions, dated October 27, 2006 JLP:wd 02605 Horseshoe Drive S. • Naples. Florida 34104 • (239) 643 -6000 • Fax (239) 643 -0090 Ell 3350 Metro Parkway, Suite 304 • Fort Myers, Florida 33912 • (239) 561-5181 -Fax(23S)561-5129 ❑40 S. Pineapple Avenue • Sarasota, Florida 34236 • (941) 330 -8990 • Fax (941) 330 -13994 www. kraftconstruction. com Ulm Attachment la A4geddAtHerTNNol6H13 Standard Estimate Report Novemt &yl5, 20OVage 0 Collier Courthouse Annex 1(}) WdM 020 PM Project name Collier Courthouse Annex Collier Cnty Govt Complex Naples FL 34112 Collier Client Collier County Govt Architect Spillis Candela DMJM Engineer TKW Consulting Engrs Document Permit Set 05 -26 -06 Estimator Kraft Construction Co,lnc Job size 137984 acsf Attachment la Standard Estimate Report Collier Courthouse Annex A4geddJt✓ #sr1NNo ] SH8 Novembbog, 200Page 1 ih086W P26 PM Description Quantity Unit Cost Amount 1970.00 FIELD REIMBURSABLES 137,984.00 SFAC 11.50 /SFAC 1,586,849 2000.00 DEMOLITION 137,984.00 SFAC 1.32 /SFAC 181,945 2090.00 SITE SURVEY & LAYOUT 137,984.00 SFAC 0.26 /SFAC 35,520 2100.00 SITE PREP & EXCAVATION 137,984.00 SFAC 7.80 /SFAC 1,076,085 2500.00 WATER, STORM, & SEWER 137,984.00 SFAC 2.18 /SFAC 300,445 2700.00 PAVING & CURBS 137,984.00 SFAC 1.58 /SFAC 217,410 2800.00 SITE IMPRVMNT& LANDSCA 137,984.00 SFAC 1.961 /SFAC 273,285 3000.00 CAST IN PLACE CONCRETE 137,984.00 SFAC 5228 /SFAC 7,213,243 3400.00 PRECAST CONCRETE 137,984.00 SFAC 22.80 /SFAC 3,145,887 4000.00 MASONRY 137,984.00 SFAC 1 5000.00 STR STEEL & DECKING 137,984.00 SFAC 3.86 /SFAC 532,231 5700.00 ORNAMENTAL METALS 137,984.00 SFAC 5.28 /SFAC 728,542 5800.00 EXPANSION CONTROL 137,984.00 SFAC 0.14 /SFAC 18,817 6000.00 ROUGH CARPENTRY 137,984.00 SFAC 179 /SFAC 246,711 6200.00 FINISH CARPENTRY 137,984.00 SFAC 1 7000.00 INSULATION & MOISTURE 137,984.00 SFAC 2.18 /SFAC 300,211 7300.00 ROOFING 137,984.00 SFAC 6.97 /SFAC 961,703 7800.00 FIREPROOFING 137,984.00 SFAC 0.681 /SFAC 93,900 8000.00 DOORS & HARDWARE 137,984.00 SFAC 3.834 /SFAC 529,096 8500.00 WINDOWS & GLASS 137,994.00 SFAC 16.90 /SFAC 2,331,748 9200.00 PLASTER & STUCCO 137,984.00 SFAC 1 9250.00 DRYWALL 137,984.00 SFAC - 9.614/SFAC 1,326,639 9300.00 TILE, STONE, COUNTERTOF 137,984.00 SFAC 0.26 /SFAC 35,309 9500.00 ACOUSTICAL 137,984.00 SFAC 2.04 /SFAC 280,851 9550.00 FINISH FLOORING 137,964.00 SFAC 5.293/SFAC 730,287 9900.00 PAINT & WALL COVER 137,984.00 SFAC 1.57 /SFAC 215,989 10000.00 SPECIALITIES 137,984.00 SFAC 3.243/SFAC 447,508 11000.00 EQUIPMENT 137,984.00 SFAC 0.323/SFAC 44,636 12000.00 FURNISHINGS 137,984.00 SFAC 1.651 /SFAC 227,795 14000.00 CONVEYING SYSTEMS 137,984.00 SFAC 5.31 /SFAC 732,069 15000.00 PLUMBING 137,984.00 SFAC 2.88 /SFAC 397,038 15300.00 FIRE PROTECTION 137,984.00 SFAC 2.653/SFAC 366,009 15500.00 HVAC 137,984.00 SFAC 11.40 /SFAC 1,572,513 16000.00 ELECTRICAL 137,984.00 SFAC 20.44 /SFAC 2,820,400 17000.00 SYSTEMS & COMMUNICATI( 137,984.00 SFAC 20.61 !SFAC 2,843,727 Attachment la AQQedddt#ffff 1o18EE ■ Standard Estimate Report Novemh &o 8, 200page2 Collier Courthouse Annex FM6869 Y20 PM Estimate Totals Labor 162,410 535.015 hrs Material 17,275 Subcontract 30,549,513 Equipment 597,000 520.000 hrc Other 488.202 31,814,400 31,814,400 State Sales Tax 1,037 6.000% Labor Burden 93.386 57.500 % 94,423 31,908,823 Bulders Risk Insur, By Owner General Liability Insurance 300.621 0.820 % 300,821 32,209,644 Impact Fess By Owner Building Permit By Owner Primary Ufll Svc Fees By Owner _ 32,209,644 Const Mgr Contingency (2 %) 644,193 2 o00 % 644,193 32,853,837 Bond., Payment & Performance 182.691 182,691 33,036,528 Cant Phase Fee (Gen Cond) 1,711,603 Const Phase OH & Profit Fee 1.737,407 5,000 % 3,449,010 36,485,538 Allowance Termination Costs 200,000 200,000 36,665,538 Total 36,685,538 265.868 /acer ATTACHMENT Ib October 10, 2006 Revised October 30,2W Enumeration of Project Documents �iYo t'I pit 1)1`t c. Ittt5ibli10f,,I= rkwit €` EXHIBIT "A" A4gedddtilmtNND1 OHS Novemi W 8, 2008 Page 10 of 80 KRRFT Page Numberl Description issue Date Re -Issue Date Permit Set Plans as designed by Spillis Candela DMJM * ** Cover Sheet - Title Page 5126/06 A0.1.01 Index of Drawings, Symbols and Abbreviations 5/26/06 7/24/06 C -1 Cover Sheet, Legal and Location Map 5/26/06 6/23/06 C -2 Existing Conditions and Aerial Photo 5/26/06 C -3 Demolition Plan 5 /26/06 C-4 Site Plan 5/26/06 6/23106 C-4A Simple Elevation 3/10/06 C -5 Paving, Grading and Drainage Plan 5/26/06 C -6 Utility Plan 5/26/06 C -7 Paving and Drainage Details 5/26/06 C -8 Paving and Drainage Details 5/26/06 C -9 Collier County Utility Details 5/26/06 C -10 Collier County Utility Details - 5/26/06 C -11 SWP3 Plan 6/01/05 C -12 Erosion Control Details 5126/06 L -1 Littoral Shelf Planting Plan (SDP Amendments Floors 5 -7) 7/21/04 11/30/05 1 of 7 SDP Existing Conditions and Vegetation Plan 9101/04 11/30/05 2 of 7 SDP Existing Conditions and Vegetation Plan 9/01/04 11/30/05 3 of 7 SDP - Planting Plan 9/01/04 11/30/05 4 of 7 SDP - Planting Plan 9/01/04 11/30/05 5 of 7 SDP Irrigation Plan 9/01/04 11/30/05 6 of 7 SDP Irrigation Plan 9/01/04 11/30/05 7 of 7 SDP Planting Details 9/01/04 3/10/06 1.0.00 Abbreviations, T ymbols and General Notes 5/26/06 52.2.01 Foundation and First Level Framing Plan 5/26/06 522.02 Second Level Framing Plan 5/26/06 52.2.03 Third Level Framing Plan 5/26/06 52.2.04 Fourth Level Framing Plan 5/26/06 S2.2.05 Fifth Level Framing Plan 5126/06 52.2.06 Sixth Level Framing Plan 5126106 52.2.07 Seventh Level Framing Plan 5/26/06 52.2.08 Eighth Level Roof Framing Plan 5/26/06 7/24/06 53.0.00 Pile Cap and Foundation Details 5/26/06 S3.0.01 Pile Cap Reinforcing Details 5126/06 53.0.02 Footing Schedule and Foundation Details 5/26106 53.0.03 Foundation Details 5/26/06 7/24/06 S4.0.00 Column Schedule 5/26/06 7/24/06 54.1.00 Beam Schedule and Details 5/26/06 7/24/06 I of 7 ATTACHMENT lb hW4,2009 October 10, 2006 Page 13 of 60 Revised October 30, 2006 [ run Enumeration of Project Documents 00 i ^l € �ttttl90 (a�llt shall �� ata�,z 1J.' in EXHIBIT "A" Page Number Description Issue Date Re -Issue Date 54.1.01 Beam Schedule and Details 5/26/06 7/24/06 S4.I.02 Beam Schedule and Details 5/26/06 7/24/06 S4.1.03 Beam Schedule and Details 5/26/06 7/24/06 S4.2.00 Shear Wall Plan and Elevations /0 542.01 Partial Structural Elevation and Canopy Plan 5/26/06 S5.0.00 Masonry Schedule and Details 5/26/06 56.0.00 Sections and Details 5/26/06 56.0.01 Sections and Details 5/26/06 56.0.02 Sections and Details 5/26/06 56.0.03 Sections and Details 5/26/06 7/24/06 A1.1.01 Architectural Site Plan 5/26/06 At. 1.1 l Site Details 5/26/06 A1.2.00 Life Safety Site Plan and Calculations 5/26106 AI.2.01 First Level Life Safety Plan 5/26/06 A1.2.02 Second Level Life Safety Plan 5/26/06 A1.2.03 Third Level Life Safety Plan 5/26/06 A1.2.04 Fourth Level Life Safety Plan 5/26/06 A1.2.05 Fifth Level Life Safety Plan 5/26/06 A1.2.06 Sixth Level Life Safety Plan 5/26/06 A1.2.07 Seventh Level Life Safety Plan 5/26/06 A1.3.01 Geometry Plan First Level 5/26/06 A1.3.02 Geometry Plan Second Level 5/26/06 A1.3.03 Geometry Plan Third Level 5126106 A 1. 3.04 Geometry Plan Fourth Level 5/26/06 A1.3.05 Geometry Plan Fifth Level 5/26706 A1.3.06 Geometry Plan Sixth Level 5/26106 AI.3.07 Geometry Plan Seventh Level 5/26/06 A1.3.08 Geometry Plan Eighth Level/Ninth Level 5/26/06 7/24/06 A2.1.01 Demolition Plan - First Level & Second Level 5/26/06 A2.1.02 Demolition Plan - Third Level & Fourth Level 5126/06 A2.1.03 I Demolition Plan - Fifth Level 5/26/06 A2.1.11 Demolition Section 5/26/06 A2.1.12 Demolition Section 5126/06 A2.2.01 Floor Plan - First Level 5/26/06 A22.02 Floor Plan - Second Level 5/26/06 A2.2.03 Floor Plan - Third Level 5/26/06 A22.04 Floor Plan - Fourth Level 5/26/06 A2.2.05 Floor Plan - Fifth Level 5/26/06 A2.2.06 Floor Plan - Sixth Level 5/26/06 A2.2.07 I Floor Plan - Seventh Level 5/26/06 7/24/06 2of7 ATTACHMENT 1b 2006 A4gedd9tdmA\Uo9 6 HB Novemflla S, 2008 Page 19 of Btl I I ®I I October 10, Revised October 30, 2006 Enumeration of Project Documents &'FrR��.ru ('a1tt11E� �'ttt,tt'i$ttetl�;r. .Matt €� � ;f.�gsip EXHIBIT "A" Page Number Description Issue Date Re -Issue Date A2.2.08 Elevator Machine Room Floor Plan/Roof Plans 5/26106 7/24/06 A2.2.11 Precast Panels Floor Plan - First Level 5/26/06 A2.2.12 Precast Panels Floor Plan - Second Level (3rd & 4th Levels Sim) 5/26/06 A2.2.13 Precast Panels Floor Plan - Fifth Level (6th Level Sim) 5/26/06 A2.2.14 Precast Panels Floor Plan - Seventh Level 5/26/06 A2.2.15 JPrecast Panels Floor Plan - Eighth Level 5/26/06 7/24/06 A2.3.01 Reflected Ceiling Plan - First Level 5/26/06 A2.3.02 Reflected Ceiling Plan - Second Level 5/26106 A2.3.03 Relected Ceiling Plan - Third Level 5/26/06 A2.3.04 Reflected Ceiling Plan - Fourth Level 5/26/06 A2.3,05 Reflected Ceiling Plan - Fifth Level 5/26/06 A2.3.06 Reflected Ceiling Plan - Sixth Level 5/26/06 A2.3.07 Reflected Ceiling Plan -Seventh and Eighth Levels -- 5/26/06 7/24/06 A2.4.01 Interior Finish Plan - First Level 5/26/06 A2.4.02 Interior Finish Plan - Second Level 5 /26/06 A2.4.03 Interior Finish Plan - Third Level 5/26/06 A2.4.04 Interior Finish Plan - Fourth Level 5/26/06 A2.4.05 Interior Finish Plan - Fifth Level 5/26/06 A2.4.06 Interior Finish Plan - Sixth Level 5/26/06 A2.4.07 Interior Finish Plan - Seventh Level 5/26/06 A2.4. I 1 Enlarged Floor Patterns 5/26/06 A2.4.12 Enlarged Floor Pattern - Existing Courthouse 5/26/06 A2.5.01 Furniture Floor Plan - First Level 5/26/06 A2.5.02 Furniture Floor Plan - Second Level 5/26/06 A2.5.03 Furniture Floor Plan - Third Level 5/26/06 A3.1.01 Restrooms Enlarged Plan & Plumbing Fixtures Elevations 5/26/06 A3.1.02 Restooms Elevations 5/26/06 A3.2.01 Stair #1 Enlarged Floor Plan, Section and Details 5/26/06 A3.2.02 Stair #2 Enlarged Floor Plan, Section and Details 5/26/06 7/24/06 A3.2.03 Lobby Stair Enlarged Floor Plans and Details 5/26106 A3.3.01 Enlarged Elevator Plans 5/26/06 A3.3.02 Enlarged Elevator Plans 5/26/06 A3.3.03 Elevator Section 5/26/06 A3.4.01 Enlarged Plans 5/26/06 A3.4.02 Enlarged Plans 5/26/06 A4.1.01 Buildin g Elevations - West 5/26/06 A4.1.02 Building Elevations - South 5/26/06 A4.1.03 Building Elevations - East 5/26/06 7/24/06 A4.1.04 Building Elevations - North 5/26/06 7!24/07 A4.2.01 Building Sections 5/26/06 3 of 7 AQgaciddttiffn Mol6HB ATTACHMENT Ib NovernhW 4, 2008 October 10, 2006 Page 19 of 60 Re ' d Oct b vise o er 30, 2006 Enumeration of Project a. t46tdt`F T . Documents aMlt &4 Q Cm'1 ` °„i° i ; ,i dl5�p EXHIBIT "A" 4of7 ber Description issue Date Re -Issue Date Building Sections 5/26/06 Partial Building Elevati UA4.2.02 5/26/06 Wall Sections 5/26/06 Wall Sections 5/26/06 Wall Sections 5/26/06 A4.4.04 lWall Sections A4.4.05 lWall Sections 5/26/06 7/24/06 5/26106 A4.4.06 lWall Sections 5/26/06 A4.4.07 lWall Sections 5/26/06 A4.4.09 lWall Sections 5/26/06 A4.4.10 lWall Sections 5/26/06 A4.4.11 lWall Sections 5/26/06 A4.4.12 Wall Sections 5/26/06 A5.1.01 Exterior Details 5/26/06 A5.1.02 Exterior Details 5/26/06 A5.1.11 Miscellaneous Details 5/26/06 7/24/06 A5.2.01 Roof Details 5/26/06 A5.2.02 Roof Details 5/26/06 7/24/06 A5.2.03 Roof Details 5/26/06 7124106 A5.2.11 Canopy Details 5126/06 A5.3.01 Interior Details 5/26/06 A5.3.11 Ceiling Details 5/26/06 A5.4.01 Millwork Enlarged Plans 5/26/06 A5.4.11 Millwork Elevations 5/26/06 A5.4.21 Millwork Sections 5/26/06 A6.1.01 Partition Ty s 5/26/06 A6.2.01 Door Schedules & Door Types 5/26/06 A6.2.02 Door Schedules & Door Types 5/26/06 7124/06 A6.2.11 Door Details 5/26/06 A6.2.12 Door Details 5/26/06 A6.3.01 Exterior Opening Schedule 5/26/06 A6.3.02 Exterior Opening Schedule 5 /26/06 A6.3.03 Interior Opening Schedule and Louver Schedule 5126/06 7/24/06 A6.4.01 ExteriorOpenings Details 5/26/06 A6.4.02 Exterior Openings Details 5/26/06 A6.4.03 Exterior Openings Details 5/26/06 A6.4. l I Exterior O ening- Plan Details 5/26/06 A6.5.01 Firesto Systems Schedule 5/26/06 F0.2.0] Fire Protection Notes, Symbols &Abbreviations 5/26/06 7/24/06 F2.1.01 Demolition Plan Second Level 5/26/06 4of7 7414 Im ATTACHMENT lb A4gedddtbBnNNo10ES Novemh&yI4, 2006 Page 1E1 of 6® .... :; October 10, 2006 Revised October 30, 2006 Enumeration of Project Documents f,'ltiit # f.,igill&� t a11rf't110iISV tile, yN 1 *7i tI EXHIBIT "A" Page Number Description Issue Date Re -Issue Date F2.2.00 Fire Protection Site Plan 5/26/06 F2.2.01 Fire Protection Plan First Level 5/26/06 F2.2.02 Fire Protection Plan Second Level 5/26/06 F2.2.03 Fire Protection Plan Third Level 5/26/06 F2.2.04 Fire Protection Plan Fourth Level 5/26/06 F2.2.05 Fire Protection Plan Fifth Level 5/26/06 F2.2.06 Fire Protection Plan Sixth Level 5/26/06 F2.2.07 Fire Protection Plan Seventh Level 5/26/06 7/24/06 F2.2.08 Fire Protection Plan Eighth Level 5/26/06 7/24/06 F5.1.01 Fire Protection Details & Schedules 6/10105 F5.1.02 Fire Protection Plan Pump Room 5/26/06 P0.2.01 Plumbing Notes, Symbols & Abbreviations 5/26/06 P2.2.01 Plumbing Plan - First Level 5/26/06 P2.2.02 Plumbing Plan - Second Level - 5/26/06 P2.2.03 Plumbing Plan - Third Level 5/26/06 P2.2.04 Plumbing Floor Plan - Fourth Level 5/26/06 P2.2.05 Plumbing Floor Plan - Fifth Level 5/26/06 P2.2.06 Plumbing Floor Plan - Sixth Level 5/26/06 P2.2.07 Plumbing Floor Plan - Seventh Level 5/26/06 P2.2.08 Plumbing Elevator Machine Room/Roof Plans- Eighth and Ninth Levels 5/26/06 P3.2.01 Plumbin Enlarged Restrooms Plan Fuel Oil Details 5/26/06 P4.2.01 Plumbing Isometrics 5/26/06 P4.2.02 Plumbing Isometrics 5/26/06 P5.0.01 Plumbing Details 5126/06 M0.0.01 HVAC Legend, Notes and Abbreviations 5/26/06 M2.1.01 HVAC Demolition Plan First Level & Second Level 5/26/06 M2.1.02 HVAC Demolition Plan Third & Fourth Level 5/26/06 M2.2.01 HVAC First Level Floor Plan 5/26/06 M2.2.02 HVAC Second Level Floor Plan 5/26/06 M2.2.03 HVAC Third Level Floor Plan 5/26/06 M2.2.04 HVAC Fourth Level Floor Plan 5126/06 M2.2.05 HVAC Fifth Level Floor Plan 5/26/06 M2.2.06 HVAC Sixth Level Floor Plan 5/26/06 M2.2.07 HVAC Seventh Level Floor Plan 5/26/06 7124/06 M2.2.08 HVAC Eight and Ninth Levels Roof Plans 5/26/06 7/24/06 M3.2.01 HVAC Sections 5/26/06 7/24/06 M4.1.01 HVAC Chilled Water Riser Diagram 5/26/06 M4.1.02 HVAC Airflow Riser Diagram 5/26/06 M5.1.01 HVAC Details 5/26/06 M5.1.02 HVAC Details 5/26/06 5of7 AQgeddAtf{enNR,io10 H6 ATTACHMENT Ib Novemb"08, 2006 October 10, 2006 Page 16 of 60 Revised October 30, 2006 Enumeration of Project Documents ow EXHIBIT "A" Page Number Description Issue Date Re -Issue Date M6.1.01 HVAC Schedules 5/26/06 M6.1.10 Sequence of Operations 5/26/06 E0.1.01 Symbols, Abbreviations & Lighting Fixture Schedules 5/26/06 E0.1.02 Electrical Notes 5/26/06 EI.1.00 Electrical Site Plan 5/26/06 EI.1.01 Overall Electrical Site Plan 5/26/06 7/24/06 E2.2.01 Lighting Plan First Level 5/26/06 E2.2.02 Lighting Plan Second Level 5/26/06 E2.2.03 Lighting Plan Third Level 5/26/06 E2.3.01 Power Plan First Level E2.3.02 Power Plan Second Level E2.3.03 Power Plan Third Level E2.3.04 Illumination & Power Plan Fourth Level (Shell Space) =5/26/06 E2.3.05 Illumination & Power Plan Fifth Level (Shell Space) E2.3.06 Illumination & Power Plan Sixth Level E2.3.07 Illumination & Power Plan Seventh Level 5 /26/06 E2.3.08 Electrical Plan Roof 5/26/06 7/24/06 E2.4.01 Telephone & Data Plan First Level 5/26/06 E2.4.02 Telephone & Data Plan Second Level 5/26/06 E2.4.03 Telephone & Data Plan Third Level 5/26/06 E2.4.04 Telephone & Data Plan Fourth Level 5/26/06 E2.4.05 Telephone & Data Plan Fifth, Sixth & Seventh Levels 5/26/06 E2.5.01 Fire Alarm and Security Plan First Level 5/26/06 7/24/06 E2.5.02 Fire Alarm and Security Plan Second Level 5/26/06 7/24/06 E2.5.03 Fire Alarm and Security Plan Third Level 5/26/06 7/24/06 E2.5.04 Fire Alarm and Security Plan Fourth Level 5/26/06 7/24/06 E2.5.05 Fire Alarm and Security Plan Fifth & Sixth Levels 5/26/06 7/24/06 E2.5.06 Fire Alarm and Security Plan Seventh Level & Machine Room 5/26/06 7/24/06 E4.1.01 Power Riser Diagram 5/26/06 7/24/06 E4.1.02 Fire Alarm and Telephone Riser Diagram 5/26/06 7/24/06 E4.1.03 Fire Alarm 5/26/06 7/24/06 E5.1.01 Panel Schedules 5/26/06 E5.1.02 Panel Schedules 5/26/06 E5.1.03 Panel Schedules 5/26/06 E5.1.04 Panel Schedules 5126/06 E5.2.01 Electrical Details 5/26/06 E5.2.02 Electrical Details 5/26/06 E5.2.03 Electrical Details 5/26/06 E5.2.04 Electrical Details j 5/26/06 6of7 AQgedddttietrNHol bas ~' ATTACHMENT Ilk Novemi W 8, 2008 ;i Page 16 of 88 Revised October 30, 2006 Enumeration of Project Documents d ilki cl. ( tratttl1' i' (kill 111(m , A Hite` 16:4hiai EXHIBIT "A" Page Numberl Description Issue Date Re -Issue Date Specifications * ** Volume I of II - Collier County Courthouse Annex 5126/06 * ** Volume II of II - Collier County Courthouse Annex 5/26/06 * ** Project Manual - Division 0, Collier County Courthouse Annex 8/15/06 "RFPS - "Request for Information " included with Project 00016 BidRFT 9/06/06 00019 Bid RFI 9/11/06 00020 Hoist Beam 9/13/06 00021 Proposed Fire Lane Concerns 9/13/06 00023 Walkway Foundation 9/13/06 00026 Room Finishes 9/15/06 00027 Annex Joints 9/15/06 00028 Column Questions 9/15/06 00029 Firesafing 9/18/06 00030 Additional Question related to RFl #00029 9/18/06 7of7 Attachment 2 COLLIER COUNTY COURTHOUSE ANNEX BUILDING "LIST OF ALLOWANCES" A49eddJt #unNNo16H6 NovembW 8, 2006 Page 19 of 64 10 -10 -06 1. We have included an Allowance of $100,000 for Independent Lab Testing services for the Annex Building only. 2. We have included an Allowance of $3,500 to relocate water mains if required at the Annex building as shown on the civil drawings. 3. We have included the Allowance of $12,000 to relocate fire mains if required at the Annex building as per the specifications. 4. We have included the Signage Allowance of $55,000 as per the specifications 5. We have included an Allowance of $12,000 for three flagpoles. 6. We have included an Allowance of $200,000 for termination costs associated with the Owner's termination of our previous GMP for the 4 story Courthouse Annex. (see Attachment 3 for further information) 7. We have included an Allowance of $25,000 for window washing anchors. KRAFT Cll,EInI f.HNV I' 11P.N\. IN _ 640109N& A4g Bdd dttt ffnNN o 16 HB NovembAAa l8, 2006 Page 26 of 68 COLLIER COUNTY COURTHOUSE ANNEX BUILDING ONLY QUALIFICATIONS, CLARIFICATIONS & ASSUMPTIONS October 10, 2006 revised per 10 -27 -06 Meeting The qualifications, clarifications and assumptions set forth in this exhibit form an integral part of the Contract to which it is attached and to the extent necessary modify all other exhibits, terms and conditions of the Contract that may be contradictory or that may set forth different requirements to be complied with by Contractor. Where materials, quantities, products and component parts are specified in this exhibit, they shall control over any contrary provisions contained in other exhibits. Where statements are made that information, items or services will be provided or furnished by Owner, they constitute exclusions or alterations from the work that is otherwise set forth in the other terms and conditions of the Contract and its exhibits. Where they state that items are not included it means that the Work will be completed without the inclusion of such item and that if required by Owner it will be the basis for a change order or construction change directive. Where site conditions are specified, assumed, or assumptions as to the basis for pricing are set forth, they control over any more comprehensively stated requirements in the body of the Contract terms and conditions and constitute a limitation on the extent of the Work to be performed for the guaranteed maximum or fixed price as the case may be. DIVISION #1 — GENERAL CONDITIONS 1. Permit and impact fees are the responsibility of the Owner. 2. Primary utility service costs are the responsibility of the Owner. 3. Owner /Architect office trailers on the site are not included. 4. We have included an Allowance of $100,000 for Independent Testing Lab services. 5. Builder's Risk Insurance is the responsibility of the Owner. The Owner to be responsible for any deductibles. 6. The Special Inspector (i.e. Threshold Building Inspector) is by the Owner as per the specifications. 7. Handling or abatement of asbestos containing or other hazardous material is excluded. S. The GMP excludes any mold or mildew abatement of existing facilities. 1 of 7 AQgeddEltdanNNo] MIS NovemhWg, 2008 Page 29 of 69 IL 14L 1W WW Attachment 3 COLLIER COUNTY COURTHOUSE ANNEX BUILDING ONLY QUALIFICATIONS, CLARIFICATIONS & ASSUMPTIONS October 10, 2006 revised per 10 -27 -06 Meeting 9. The Direct Costs under this Agreement includes all termination charges incurred by Construction Manager from subcontractors, their sub subcontractors, vendors, suppliers, as a result of direction given by the Owner to Construction Manager in July 2006. Based on this direction Construction Manager previously terminated for convenience most subcontracts and material orders previously entered into by the Construction Manager for work on the Courthouse Annex. Construction Manager estimates, but does not guarantee, that any such charges will not exceed $200,000. Such amount is established as an allowance within the Guaranteed Maximum Price. Notwithstanding the Guaranteed Maximum Price and the $200,000 allowance (which is not subject to C.M. Fee) Owner is liable to reimburse Construction Manager for all such termination charges for which Construction Manager is liable to such persons even if the cumulative amount is in excess of the $200,000 allowance and the Guaranteed Maximum Price. 10. Kraft Construction reserves the option to provide subcontract default insurance (Subguard) in lieu of purchasing subcontractor performance & payment bonds from the individual trade subcontractors DIVISION #2 — SITEWORK The cost to haul away any excess excavated material to another county site within ten miles is included. 2. We have not included any Ash Urns within this GMP. 3. The existing Black Olive Grove by the Annex Building is too close to the proposed Annex addition. Additional pruning will be required to construct the building. The GMP includes a budget to cover this. 4. The GMP excludes the cost for test piles. These have already been completed. 5. The GMP does not include the concrete pavers, shade trees and benches at the Pedestrian Plaza (Parking Garage as shown on sheet Al. 1.01). 6. The GMP includes an allowance of $12,000 for possible fire main relocation. 7. The GMP includes an Allowance of $3,500 for water main relocation. 2of7 KRAFT CO`.FlTR JLTI]b C r M1PF6`. IFi ^. 640A, ' 1 A4gedd2tdenMD1 6H6 Novemhfty1 s, 2006 Page 20 of 69 COLLIER COUNTY COURTHOUSE ANNEX BUILDING ONLY QUALIFICATIONS, CLARIFICATIONS & ASSUMPTIONS October 10, 2006 revised per 10 -27 -06 Meeting DIVISIONS #3 AND #4 — CONCRETE AND MASONRY 1. No qualifications DIVISION #5 — METALS 1. The GMP includes the exterior column covers for the West Elevation columns and the site canopy columns are as specified in Section 05700, page 6 as a painted finish in lieu of clear anodic finish similar to the one specified in Section 07412. DIVISION #6 — CARPENTRY 1. No qualifications DIVISION #7 — THERMAL AND MOISTURE PROTECTION 1. The GMP excludes any fluid applied roofing. This item is only applicable to the Parking Garage. 2. We clarify the Coping included in specification section 07620 is included for only the duration of the roofing system, not longer, and shall be for 15- years, not the 20 -years specified in this section. A finish warranty for 20 -years will be included. 3. The GMP includes only the Coping per specification section 07620. There are no gravel stops in this project. 4. We clarify specification section 07716 is included; however, reference to it's inclusion in the project Warranty, is excluded as well as being from the roofing manufacturer as stated above, due to the fact the type of expansion joints specified and required are not available from the manufacturer. It is included in the bellows type specified from a manufacturer engaged in fabricating these products. 5. We clarify that the Coping "cap flashing" at all parapets indicated with the exception of the portion detailed on Detail #16/A5.2.01 where it states these are "by Wall Panel manufacturer "; it is also clarified these will not be included in the warranty covering the other coping caps. 3of7 A4gedddtherrNWoi mm NovemhWg, 2008 iuli Page 23 of 69 1L,qk,qL,W0 Attachment 3 COLLIER COUNTY COURTHOUSE ANNEX BUILDING ONLY QUALIFICATIONS, CLARIFICATIONS & ASSUMPTIONS October 10, 2006 revised per 10 -27 -06 Meeting 6. All non - roofing manufacturer supplied sheet metal is stainless steel metal as specified and are shop fabricated by CRSMFI and non - applicable to the 140 -MPH criteria in 07620. These are not available to be included in the metal warranty addenda and are excluded from such accordingly. 7. Provide manufacturer's Materials and Labor warranty against defects for a period of 15 years including the roofing membrane and the coping *not 20 -years indicated in 07620); those metal fabrications not available from the manufacturer are excluded from the warranty, regardless and contrary to the project specifications. 8. Section 07811 Sprayed Fireproofing is not included in the GMP. 9. The GMP includes the Roof Hatch. Roof curbs are provided by the mechanical contractor. 10. The GMP includes the Metal Wall panels and Interior Column Covers as manufactured by Alucobond. The panels and column covers will be 4 MM thick in lieu of the 8 MM as specified in the Centria specification. The 4 MM metal will allow you to provide tighter corners and radius. Alucobond can provide the panels with a thickness of 6 MM thickness if necessary, even though the 4 MM thickness has been used without `oil canning ". The finish shall be fluoropolymer paint finish or equal. (see Section 07412, page 6) DIVISION #8 — DOORS AND WINDOWS 1. No qualifications. DIVISION #9 — FINISHES 1. The temporary wall will be constructed similarly to a 2 -hour wall assembly but will not be a true 2 -hour wall. 2. Anti - fracture underlayment and control joints are included for the epoxy terrazzo flooring. Glass or plastic aggregates are not included. 3. Water repellants are included at the exterior side only of the architectural precast panels. 4of7 A4gedddtttanNWo16H6 NovemhWg, 2006 Page 22 of 69 141L 14LIL IR Attachment 3 COLLIER COUNTY COURTHOUSE ANNEX BUILDING ONLY QUALIFICATIONS, CLARIFICATIONS & ASSUMPTIONS October 10, 2006 revised per 10 -27 -06 Meeting DIVISION #10 — SPECIALTIES 1. We have included an Allowance of $12,000 for three (3) Flagpoles. 2. We have included the Signage Allowance of $55,000 as per the specifications. 3. We have included providing the Metal Canopy Soffit Panels & Fascia panels as manufactured by Armstrong. (Armstrong Metal Linier Ceiling System). DIVISION #11 — EQUIPMENT 1. We have included an Allowance of $25,000 for window washing anchors. 2. We have not included a Parking Control System C the existing lot since it is now being utilized for Handicap parking. DIVISION #12 — FURNISHINGS 1. The GMP excludes the roller shades for floors 4,5,6,7 as indicated on the drawings as "Future ". DIVISION #13 — SPECIAL CONSTRUCTION 1. No qualifications. DIVISION #14 — CONVEYING SYSTEMS 1. We have included the Passenger Elevators #1, 2 and 3 at a Rated Speed of 350 fpm in lieu of the 400 fpm specified as manufactured by ThyssenKrupp Elevator. 5of7 A4gedddt #anMo16EB NovembAsio , 2006 Page 25 of 89 IL 1W Attachment 3 COLLIER COUNTY COURTHOUSE ANNEX BUILDING ONLY QUALIFICATIONS, CLARIFICATIONS & ASSUMPTIONS October 10, 2006 revised per 10 -27 -06 Meeting DIVISION #15 — MECHANICAL 1. We have included providing standard hub bands for the No Hub Cast Iron piping. 2. We have already installed the underground Chilled Water lines to within 5' -0" of the Courthouse Annex building from the Central Energy Plant. (Not shown on the Civil drawings yet. DIVISION #16 - ELECTRICAL I. Installation only of Fire Pump ATS /Controller included in base. 2. Conduit and wire shown on Sheet E4.1.01 designated for future floors is not included in this proposal. It is assumed that this portion will be furnished and installed under a separate contract. 3. CCTV, Card Access, and Tele/Data Systems are conduit stub -ups with back box and pull string to just above accessible ceiling only included in base. 4. Included in the base is the feeder from 'MDP' to 'ATS' and `MDPE' to generator (which is not shown on the drawings) with the assumed size of (3) 4" conduits w/ (4) 600MCM and (1) 1/0 AWG ground for each feeder. 5. Included in the base is (1) 4" conduit 100' in length and (1) Handhole, for the relocation of the Sprint conduit system reflected on Sheet C -5. 6. Relocation of site utilities (with the exception of the Sprint conduit) is not included. 7. A 'Single Point Connection' only is included for all owner furnished and installed furniture. 8. Included is the 'Safe -Off' only of circuits feeding the glass structure to be demolished. All demo by others. 9. A Lightning Protection System w/ Counterpoise for the Annex building is included. 6of7 'meMm"FT cc,xrn, n, mN C,]MrAN me A4gedddthenNND1 tlae NovemhWg, 2006 Page 26 of 60 COLLIER COUNTY COURTHOUSE ANNEX BUILDING ONLY QUALIFICATIONS, CLARIFICATIONS & ASSUMPTIONS October 10, 2006 revised per 10 -27 -06 Meeting 10. Generator including a 550 gallon sub -base tank is included per drawings and specifications. 11. Remote filling or controls for the emergency generator is not included. 12. The remote control station (F.B.O.) is assumed to be within 10' -0" from the roll up door. 13. (1) 2" conduit from the new FACP stopped at the elevator lobby of the build out is included. Conduit from this location to the existing FACP is not included as the location is not known. 14. Electrical power for the telephone rooms is included as what is shown on the drawings only. No provisions for any `rack mounted' type IG receptacles are included. DIVISION #17 — FACILITY MANAGEMENT SYSTEM 1. We have not included any costs to provide an X -Ray Screening machine. 7of7 _ —� — -- - m m $a m n I E t m ID. W aUNffi ii ID _ IF 0<1 O y y c O c m £ _ � Lo N tm in ��'� 'N 8:1 Y y, A o E g€ �'E g � d to E B N � E m m m m U , aw c m a in a � � g-�E s c .'o a O � re O m CD 2 C9 I Ufa a E m � X C m O cc U :� c V � W 0 0 0 0 0 0 0 0 0 (a N O m O 0 0 OIL N O m 0^ m c O= w+ ¢ a o z z z q Y V L $ $ $ $ z z olo Z 2 .$ 'U $ U $ � $ U $ H $ F i`g f $ $ U ^ -p z 0 m 0 K w C� w 0 T oio >> q gCK ^; $ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I O O O g a a 0 ,O S 0 0 0 a 0 0 0 0 0 Y I m C ° t C Sl C L m 7 m U T a c ' r N E C° m Lf b c w I o -g m c `O c 0 �` N a 2 a m � m o (9 _ 4 C€ o n a. W `m a - I i a N ¢ O � Z D U OE E E m m 1m3 7 @ mU . 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Z E 3 a yoo Z ' �IK 2LL c � V C �'�•p W y cTj o o U.g m 'C .`z 8 N !LL N u d 8 8 N m N$ a s ��i W o m 'N 2 a0 111 LL _ V ¢ w tp O lO M d H o a c c C 7 m >>ioom >zzzoo OZ � yr • ' o N � 0 p {{r1 yy ��,p o o z O> Y ci (V N (zpp �I 0 a� 0 U 0 o U O 0 O > > OO U U 1- 'U z p O C'f O O O ,"�-'. M •- N Ul 1(1 N N gj n N 10 N .- N O mm m O� O O O O H J 12 U ,tTi � sQ � s� ii ffi c N a a U J 5 K N K c N p rq E izl L EE '� c U ¢ODU d a ¢ w .+ m A zoo rppsn' a° i N a° vV2i LL v 1L o"l RMN •' N pa M pv Q N pp f0 O oa Tp -" d�Y a m Qn. J J J J J J J> n O (V [7 C P tl� g 0 0 0 N w a I ige �� E D C.$ { D� m � d a m C A4gaddatbEnMol sae NovemhW 8, 2008 Page 80 of 69 10 -10 -06 ATTACHMENT # 5 COLLIER COUNTY COURTHOUSE ANNEX BUILDING "LIST OF ALTERNATES" ALTERNATE #1: Remove existing finish floor at the existing ground floor of the Courthouse Lobby areas and provide new epoxy terrazzo floor as specified in Section 09402. No Floor plan layout issued for this area at this time. •&M $ T.B.D. ALTERNATE #2: Demolish and remove the existing exterior Glass Block System, inclusive of structural supports at the Fifth through Sixth floors of the existing Courthouse and replace with new Aluminum Storefront System specified in Section 08411 and as indicated on drawings. (Need a design for the structural reinforcement to final price.) ADD $ T.B.D. A4gaddjtttsnNWo9 6 HB Novemb&08, 2008 Page 29 of 84 10 -10 -06 Attachment 7 Collier County Courthouse Annex and Parking Garage Revisions to the Contract 1. In article 8.1.2(b), replace the "TBDs" as follows: a. First "TBD" change to "One (1)" b. Second "TBD" change to "$1,985.00" for Garage and "$3,600.00" for Annex 2. In article 8.1.2(c), replace the "TBDs" as follows: a. First "TBD" change to "$10,000.00" b. Second "TBD" change to "$10,000._00" c. Third "TBD" change to "5 %" d. Fourth "TBD" change to "$10,000.00" 3. In article 8.1.3, change the "TBD" to "5 %" AQgedd dtUsrtNlsi of 6 ES NovemhWg, 2008 Page 30 of 60 EXHIBIT A CONSTRUCTION TEAM ASSIGNED REPRESENTATIVES 10 -30 -06 (ANNEX BUILDING ONLY) Owner: Board of County Commissioners, Collier County, FL Owner's Representative: Ron Hovell Purchasing Agent: Scott D. Johnson Design Professional Construction Mang Pete Tuffo (Offsite) Joe Pressler (Offsite) Eddie Pullen and/or Mike McCoy (Offsite) Wendy Duckworth and/or Lyn Ross (Offsite) Mark Lewandowski aud/or Allen Clark (Offsite) Laurie Mattingly (Offsite) Mark Styles and/or TBD (Offsite) Pete Murphy (Offsite) TBD (Onsite) Travis Smith and/or Daniel Leatherman (Onsite) Lisa Harvey (Onsite) David Clarkson (Onsite) TBD (Onsite) John Antaramian (Onsite) Debbie Garrote (Onsite) Project Principal Construction Administrator Site Representative Mechanical Engineering Inspector Electrical Engineering Inspector Structural Engineering Inspector Architectural Inspector Project Executive Vice President, Estimating Estimator Estimator Assistant M.E.P. Coordinator (Annex) D.M.P. Clerk Scheduler Safety Inspector Project Manager Assistant Project Manager Administrative Assistant Superintendent (Annex) Assistant Superintendent (Annex) Labor Foreman Accounting Billing Clerk 35 EXHIBIT B CONSTRUCTION MANAGER'S PERSONNEL (ANNEX BUILDING ONLY) OFF -SITE SUPPORT STAFF Pete Tuffo Joe Pressler Eddie Pullen and/or Mike McCoy Wendy Duckworth and/or Lyn Ross Mark Lewandowski and/or Allen Clark Laurie Mattingly Mark Styles and/or TBD Pete Murphy Project Executive Vice President, Estimating Estimator Estimator Assistant M.E.P. Coordinator (Annex) D.M.P. Clerk Scheduler Safety Inspector ON -SITE SUPPORT STAFF TBD Travis Smith and/or Daniel Leatherman Lisa Harvey Debbie Garrote David Clarkson TBD John Anatramian 36 Project Manager Assistant Project Manager Administrative Assistant Accounting Billing Clerk Superintendent (Annex) Assistant Superintendent (Annex) Labor Foreman AQgedd9ttlsrrMo1EMS Novemb& l49, 2006 Page 33 of 68 10 -30 -06 EXHIBIT G CONSTRUCTION MANAGER'S PER DIEM STAFF FOR TIME EXTENSIONS PER 8.1.2 (1)(b) (ANNEX BUILDING ONLY) Individual Pete Tuffo (Offsite) Joe Pressler (Offsite) Eddie Pullen and/or Mike McCoy (Offsite) Wendy Duckworth and/or Lyn Ross (Offsite) Mark Lewandowski or Allen Clark (Offsite) Laurie Mattingly (Offsite) Mark Styles or TBD (offsite) Pete Murphy (Offsite) TBD (Onsite) Travis Smith Wor Daniel Leatherman (Onsite) Lisa Harvey (Onsite) Debbie Garrote (Onsite) David Clarkson (Onsite) TBD (Onsite) John Antaramian (Onsite) Title Project Executive Vice President, Estimating Estimators Estimator Assistant M.E.P. Coordinators D.M.P. Clerk Scheduler Safety Inspector Project Manager Assistant Project Manager Administrative Assistant Accounting Billing Clerk Superintendent (Annex) Assistant Superintendent (Annex) Labor Foreman 43 A4geddAtdBnNbo16ES NovernhW4, 2006 Page 32 of 69 10 -30 -06 Percentage of Time Available 20% 10% 5% 10% 10% 20% 5 % 10% 100% 100% 100% 100% 100% 75% 100% A49addJUfartMol6BB NovernhW 3, 2008 Page 35 of 60 EXHIBIT H CONSTRUCTION MANAGER'S PERSONNEL TO BE 10 -30.06 ASSIGNED DURING CONSTRUCTION OFF -SITE (ANNEX BUILDING ONLY) Percentage Duration of Time Individual Title in Months Available Pete Tuffo Project Executive 22 2046 Joe Pressler Vice President, Estimating 22 10% Eddie Pullen &/or Mike McCoy Estimators 22 5% Wendy Duckworth and/or Lyn Ross Estimating Assistant 22 10% Marl Lewandowski Wor Allen Clark M.EP. Coordinators 22 10% Mark Styles or TBD Schedulers 22 5% Laurie Mattingly D.M.P. Clerk 22 20% Pete Murphy Safety Inspector 22 10%u 44 A4@adddtgenMo16BB Novemh&y46, 2006 Page 36 of 60 EXHIBIT 1 _ 10 -30 -06 CONSTRUCTION MANAGER'S PERSONNEL TO BE ASSIGNED DURING CONSTRUCTION ON -SITE (ANNEX BUILDING ONLY) Percentage 45 Duration of Time Individual Title in Months Available TBD Project Manager 22 100% Travis Smith Wor Daniel Leatherman Assistant Project Manager 22 100% Lisa Harvey Administrative Assistant 22 100% Debbie Garrote Accounting Billing Clerk 22 100% David Clarkson Superintendent (Annex) 22 100% TBD Assistant Superintendent 16.5 100% John Antaramian Labor Foreman 22 100% 45 -1 Date: 4/26/07 E- Mailed To Bonnie: Page 37 of 69 Project Name: Courthouse Annex Project Number: 52533 BID/RFP #: 00 -3173 Mod #: 15 PO #: 4500002601 Work Order Number: Contractor /Consultant: Spillis Candela To BCC for approval: do not out on admin report. Original Contract Amount: — 190,000.00 (Starting Point) Current BCC Approved Amount: $ 2,631,607.00 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 2,856,682.00 (Including All Changes Prior To This Modification) Change Amount: $ 80,312.00 Revised Contract/Work Order Amount: $ $2,936,994.00 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: S_2,746,994.00 Percentage Of The Change Over /Under Current Contract Amount: 11.6 % Overview of change: To add funding to reconfigure /design floors 2 and 3 of the existing approved permitted construction documents ($174,312) and to delete the task to provide furniture, furnishing selections, and specifications for floors 1 -3 plus an additional floor to be determined (- $94,000) and to add 126 calendar days to prepare the required permit and construction documents and an addition 16 weeks for permitti g (}te new . sign. Contract Specialist: / ate: 7 Scanned Date: 4/2 a, Data Entry Information: Type of Change: Contract Project Manager: Hank Jones Department: Facilities Change Category Type, Circle One Below: 1. Planned or Elective 2. Unforeseen Conditions 3. Quantity Adjustments 4. Correction of Errors 5. Value Added 6. Schedule Adjustments Revised 7/11/05 PROJECT NAME: Courthouse Annex CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM PROJECT #. 52533 BID /RFP #: 003173 MOD #: 1_LPOM41M0024106/ 4500002601 WORK ORDER #: DEPARTMENT: Facilities Management CONTRACTOR/FIRM NAME: Soillis Candela Original Contract Amount: Current BCC Approved Amount: Current Contract Amour Change Amount Revised Contract/Work Order Amour Agenda Item No. 16E3 May 8, 2007 Page 38 of 69 $190,000.00 (Starting Point) $2,531,907.0 (Last Total Amount Approved by the BCC) $2,555,552.00 (Inducing AN Changes Prior To This Modification) $ 80,312.00 $2,936,994.00 (Including This Change Order) Cumulative Do9w Value of Changes to this ContradrWork Order: $2,748,994.00 Date of Last BCC Approval 5 /912006 Agenda hem # 16 E 2 Percentage of the change overlunder current contract amount 11.60% Formula: (Revised Amount / Last BCC approved amount) -1 Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required; equal to or less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that exceed $200,000 where the change does not exceed 10% or $10,000. these changes are reported by the Purchasing Department to the BCC administratively. Changers to these work orders that exceed those thresholds require prior BCC approval. NON -CCNA Work Orders: If the change sxceeds 10% of the current BCC amount, then BCC approval is required. If in doubt, contact your contract specialist. For more specific .nformation regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d. CURRENT COMPLETION DATE (S):ORIGINAL: Multiple Phases CURRENT: Multiple Phases SUMMARY OF PROPOSED CHANGE (S): Menu& the changes: 1. Provide ADDITIONAL professional services for the re- configuration /design of Floors Two and Three in the existing approved Permit Construction Documents for the Collier County Courthouse Annex. 2. Cancel (DEDUCT) professional services previously added by Amendment # 6 to this contract to provide furniture and furnishing selections and specifications associated with four floors (1 °, 2ntl, Vd, and an additional floor to be determined) of the Collier County Courthouse Annex JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Owner Requested. PARTIES CONTACTED REGARDING THE CHANGE: Ron Hovell, Linda Best, Skip Camp IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or WA) Proposed change is consistent with the scope of the existing agreement X Proposed change is in fad an addition or deletion to the existing scope _X Change is being implemented in a manner consistent with the existing agreement X The appropriate parties have been consulted regarding the change _X Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER 1GMEN NTn1 Thls form Is to be signedd and dated. APPROVE BY: Date: l ZL O Pro' a age REVIEWED BY: Date: 0/ Agenda Item No. 16E3 CHANGE ORDER May 8, 2007 Page 39 of 69 CHANGE ORDER NO. 12 CONTRACT NO. 00 -3173 BCC Date: 5/0812007 TO: Solis Candela DMJM Agenda Item: 16 E 800 Douglas Entrance North Tower. 2 "n Floor Coral Gables FL 33134 DATE: 4/24/07 PROJECT NAME: Collier County Courthouse Annex and Parking Garage PROJECT NO.: 52533 PURCHASE ORDER NO.: 002601 Under our AGREEMENT dated 6/26/2001. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: 1. Provide ADDITIONAL professional services for the re- configuration /design of Floors Two and Three in the existing approved Permit Construction Documents for the Collier County Courthouse Annex. See Spillis Candela Attachment #1; Exhibit A, B, & C; and Schedule B. FOR THE (Additive) Sum of: One hundred seventy four thousand three hundred and twelve dollars ($174,312). 2. Cancel (DEDUCT) professional services previously added by Amendment # 6 to this contract to provide furniture and furnishing selections and specifications associated with four floors (1 's, 2nd, 3n0, and an additional floor to be determined) of the Collier County Courthouse Annex. See Spillis Candela Attachment #2 From Amendment #6; Exhibit A, & Schedule B. FOR THE (Subtractive) Sum of: <Ninety four thousand dollars> ($ -94,000). NET ADDITIONAL professional services this Change Order. Eighty thousand. three hundred and twelve dollars ( 80 3121 Original Agreement Amount $ 190,000 Sum of Previous Changes $ 2.666 682 This Change Order (Add) (Deduct) $ 80.312 Present Agreement Amount $ 2.936.994 The time for completion of the work covered in this Change Order to issue the required permit and construction documents for the re- configuration /design of the 2 "d and 3" floors of the Annex, shall be approximately 16 to 18 weeks (112 to 126 calendar days); and, an additional 16 weeks to provide support during the permitting process (112 calendar days). The Construction administration was included in previous approved work scopes and is included in the existing Construction Services duration for the Courthouse Annex building. Accordingly, the Overall Contract Time is UNCHANGED. The Overall Project substantial completion date is UNCHANGED and the Overall Project final completion date is UNCHANGED. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, iI ding claims for impact and delay costs. Accepted: Zd 2007 OWNER: CONTRACTOR: v BOARD OF COUNTY COMMISSIONERS :Spillis Cand MI OF COLLIER C TUNI , FLORIDA 5 Steven P. Bader By -- GXOodtuction & Capital lte= 2533 Courthouse ArmexTrofessional Services ConvacrsUnd & 3rd Floor Re- DesignnTl5ng Ord - V,ign of 2nd 3rd Floors.doc ; Revised 4/26/2007 Attachment # 1 to Change Order 12 Spillis Candela DMJM Exhibits Proposal for Re- Configuration and Design [411,i The 2nd & 3rd Floors New Courthouse Annex COLLIER COUNTY GOVERNMENT CENTER Annex Floors 2 and 3 Re- Design Agenda Item No. 16E3 May 8, 2007 Page 40 of 69 Agenda Item No. 16113 May 8, 2007 Page 41 of 69 EXHIBIT A SCOPE OF SERVICES CONSULTANT will provide professional architectural and engineering services for the re- design of Floors Two and Three in the existing approved Permit Construction Documents for the Collier County Courthouse Annex in two phases. PHASE To expedite, Phase I is to include Schematic Design, and Design Development. Phase I Project Scope includes interviews and meetings with the Clerk of Courts Administration staff and Clerk of the Circuit Court Civil Courts Division. These two user groups will move to the re- designed and completed Annex Second and Third floors. The Consultant shall conduct interviews and program verification that will inform the Schematic Design, and help the Consultant to further establish the design in Design Development Phase. These Design documents will have the level of detail to describe and fix the various departmental components. Probable construction cost estimates are not a part of this scope and shall be provided by others. The architectural, mechanical, electrical, security drawings will be submitted to the County for review and comments. Following submittal to the Facilities Project Manager, the Consultant will incorporate all applicable comments and drawing revisions to obtain written approval and authorization to proceed into Phase II. PHASE II Phase II scope of services will include Construction Documents, Permitting and Construction Administration. The Construction Documents shall set forth in detail the requirements for the construction of the Project and shall include: • Final architectural floor plans, reflected ceiling plans, finish plans, and schedules indicating all components necessary for construction. COLLIER COUNTY GOVERNMENT CENTER 2 Annex Floors 2 and 3 Re- Design Agenda Item No. 16E3 May 8, 2007 Page 42 of 69 • Prepare enlarged plans, details, and elevations of critical interior areas. • Coordinate with the signage designer and manufacturer • Prepare final architectural and engineering details necessary for Permitting of the interior spaces. The Revised Second and Third Floor Construction Documents shall reference approved sheets and details in the existing approved Permit Drawing Sets and Specifications where applicable. • Prepare final engineering calculations, revised Second and Third Floor drawings including plans, updated schedules, and details of the HVAC, Electrical, Plumbing, and Fire Protection systems. • Submit to Collier County Facilities Management two (2) copies of documents for Permit Set submittal and one (1) copy of the documents in electronic format. • Assist the Construction Manager / Contractor to submit the required number of signed and sealed Building Permit Packages for County reviews. • Provide a reasonable amount of responses and re- submittals to the Building, Fire Code, Fire Alarm and Sprinkler Engineering Review to obtain the Building Permit. Providing estimates or updates to the probable cost of Construction is not part of the scope of this Project and is to be provided by others. Bidding services for this Project will include reasonable responses or clarifications to the Contractor of the issued Construction Documents for the GMP; however review and comment on the Contractors' GMP proposed costs are not included in the scope of this Project and will be provided by others. Construction Administration services for the revised interiors of floors Two and Three shall commence according to the Contractors' construction schedule where ever possible, and as soon as the necessary Permits are issued. COLLIER COUNTY GOVERNMENT CENTER Annex Floors 2 and 3 Re- Design The two phases and timeline are described as follows: PHASE a. Schematic Design — 4 weeks b. Owner review — 1 week c Design Development — 4 weeks d. Owner review — 1 week e. Expenses PHASE II f. Construction Documents — 8 weeks g. Owner review —1 week h Permitting — Building Permit estimated at 16 weeks i. Construction Administration — estimated at 24 weeks j. Record Drawings k. Expenses Total Fees - *Construction Administration fees included in original design scope. PHASE I: SCHEMATIC DESIGN / DESIGN DEVELOPMENT Agenda Item No. 16113 May 8, 2007 Page 43 of 69 $ 40,963.00 $ 32,249.00 $ included $ 73,212.00 $ 92,385.00 $ 8,715.00 $ 0.00* $ included $ included $ 101,100.00 $ 174,312.00 CONSULTANT will prepare two preliminary plans for the Courthouse Annex (Building L- 1) and meet with the Clerk of Court agencies that will now occupy the Second and Third floors of the Annex. These plans must be reviewed and approved by Collier County Facilities Management and the user groups or Clerk of Court Divisions that will occupy the new Annex Second and Third Floors. Based upon the mutually agreed -upon Design, CONSULTANT shall prepare, Design Developmnet Documents in compliance with OWNER'S design guidelines for approval by OWNER. OWNER'S acceptance of Schematic Design / Design Development Documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of this Project. All Schematic and Design Development Documents prepared by or for CONSULTANT are subject to OWNER'S review and approval. At completion of the Schematic / Development Phase, CONSULTANT shall submit the Schematic and Design Documents to the Project Manager for review and comment. CONSULTANT shall respond in writing to the review comments within 7 calendar days of receipt. COLLIER COUNTY GOVERNMENT CENTER 4 Annex Floors 2 and 3 Re- Design Agenda Item No. 16E3 May 8, 2007 Page 44 of 69 Responses shall be forwarded directly to the OWNER'S Project Manager. The Consultant shall prepare Design Development documents to a level of definitiveness and detail to fix and describe the size and character of the various Project components and each Project discipline and system as may be appropriate for this stage of development, including long lead and special order materials and equipment. Continue developing the architectural, mechanical, electrical, security, and other discipline's responsibilities that establish the scope and details for that discipline's work CONSULTANT shall revise the Schematic / Design Development Documents as required by OWNER in order to obtain OWNER'S written approval and authorization to proceed to Phase II. PHASE II: CONSTRUCTION DOCUMENTS After OWNER'S review and approval of the Design Development Documents and issuance of OWNER'S written authorization to proceed, CONSULTANT shall commence the Construction Documents services and perform the following: Prepare final calculations, Construction Documents setting forth in detail each discipline's requirements into a cohesive whole based upon the approved Design Development Documents and consultations with OWNER'S Project Manager. All Construction Documents prepared by or for CONSULTANT are subject to OWNER'S review and approval. At completion of the Construction Documents Phase, CONSULTANT shall submit the Construction Documents to the Project Manager for review and comment. CONSULTANT shall respond in writing to the review comments within 7 calendar days of receipt. Responses shall be forwarded directly to the OWNER'S Project Manager. CONSULTANT shall revise the Construction Documents as required by OWNER to obtain OWNER'S written approval of such documents. PHASE II: PERMITTING CONSULTANT shall cooperate with and assist OWNER by responding to a reasonable amount of Permit Comments and provide clarification of the Construction Documents. During this phase, the Construction Documents will be submitted by the CONTRACTOR to the Building Officials. The CONSULTANT shall assist the Construction Manager to obtain all required construction permits. COLLIER COUNTY GOVERNMENT CENTER 5 Annex Floors 2 and 3 Re- Design Agenda Item No. 16113 May 8, 2007 Page 45 of 69 PHASE II: CONSTRUCTION CONSULTANT shall keep OWNER apprised of all contacts and /or communications between CONSULTANT and Contractor. OWNER shall be copied on all correspondence between CONSULTANT and Contractor. All contacts and /or communications between CONSULTANT and the various subcontractors shall be routed through Contractor. During the Construction Phase, CONSULTANT shall provide the following services • Process, review, respond and distribute shop drawings, product data, samples, substitutions and other submittals required by the Construction Documents within five (10) business days. • Maintenance of a master file of all submittals, including submittal register, made to CONSULTANT, with duplicates for OWNER. OWNER'S copy shall be in electronic /CD format and submitted at time of Substantial Completion. • Construction field observation services consisting of visits to the Project site as frequently as necessary, but not more than (once every two weeks), to become generally familiar with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Construction Documents. When CONSULTANT discovers portions of the Work which do not conform to the Construction Documents, CONSULTANT shall recommend to Owner to reject such Work. Provide a written report of each visit, within five (5) business days from the CONSULTANT'S site visit, to the OWNER'S Project Manager. This field observation requirement shall apply to any subconsultants or subcontractors of CONSULTANT at appropriate construction points. • CONSULTANT, as representative of OWNER during construction, shall advise and consult with OWNER. Through its on -site observations of the Work in progress and field checks of materials and equipment, CONSULTANT shall endeavor to provide protection for OWNER against defects and deficiencies in the Work of Contractor and the various subcontractors of Contractor. • Prior to the first Application for Payment, the CONSULTANT shall review the Contractor's Schedule of Values and recommend adjustments. Based on such observations at the site and on the Applications for Payment submitted by the Contractor, CONSULTANT shall recommend the amount owing to Contractor and shall acknowledge the Application for Payment initially completed by the Contractor for such amounts. The issuance of Certificate of Payment shall constitute a representation by CONSULTANT to OWNER that: (i) the Work has progressed to the point indicated; (ii) that to the best of CONSULTANT'S knowledge, information and belief, the quality of the Work is in accordance with the Construction Documents subject to minor deviations from the Construction Documents correctable prior to completion, and to any specific qualifications stated in the Application for Payment; and (iii) Contractor is entitled to payment in the amount certified. COLLIER COUNTY GOVERNMENT CENTER g Annex Floors 2 and 3 Re- Design Agenda Item No. 16E3 May 8, 2007 Page 46 of 69 ■ CONSULTANT shall review claims for extra compensation, or extensions of time from Contractor, make written recommendations to OWNER within five (5) business days concerning validity, and prepare responses for OWNER. • CONSULTANT shall be, in the first instance, the interpreter of the requirements of the Construction Documents. CONSULTANT shall render opinions on all claims of Contractor relating to the execution and progress of the Work and on all other matters or questions related thereto. CONSULTANT'S decisions in matters relating to artistic effect shall be final if consistent with the intent of the Construction Documents, subject to OWNER'S approval. CONSULTANT shall review for comment or approval any and all proposal requests, supplemental drawings and information, substitutions, value engineering suggestions and change orders. • Prepare, reproduce and distribute supplemental drawings, specifications and interpretations in response to requests for clarification by Contractor or OWNER as required by construction exigencies. CONSULTANT'S response to any such request must be received by OWNER and Contractor within five (5) business days. CONSULTANT will review and respond to all submittals from Contractor, including but not limited to shop drawings, within a reasonable period of time so as not to delay the progress of the Work, but in no event, more than five ( 10) business days, unless OWNER expressly agrees otherwise in writing. Review of Contractor's submittals is not conducted for the purpose of determining the accuracy and completeness of other details, such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of Contractor as required by the Contract Documents. CONSULTANT'S review shall not constitute approval of safety precautions or, unless otherwise specifically stated by CONSULTANT, of any construction means, methods, techniques, sequences or procedures. CONSULTANT'S approval of a specific item shall not indicate approval of an assembly of which the item is a component. • CONSULTANT shall review and provide written comment upon all Change Orders requests by the Contractor, as well as any cost estimate associated with a Change Order request, prepared by Contractor. Upon agreement by the OWNER, the CONSULTANT shall prepare and provide Work Change Directives to the OWNER for approval and issuance to the Contractor and revise the Construction Documents accordingly. • CONSULTANT shall review the Project schedule, subcontractor construction schedule(s), schedule(s) of shop drawing submittals and schedule(s) of values prepared by Contractor and advise and /or recommend in writing to OWNER concerning their acceptability. • CONSULTANT shall attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences, pre - closeout meetings and other Project - related meetings. COLLIER COUNTY GOVERNMENT CENTER T Annex Floors 2 and 3 Re- Design Agenda Item No. 16E3 May 8, 2007 Page 47 of 69 • Receive notice from Contractor if other work related to the Project by OWNER'S own forces, by utility owners, or by other direct contractors will involve additional expense to Contractor or require additional time and promptly advise OWNER in writing. • Receive copies of all accident reports submitted by Contractor. • Review the Work to confirm that to the best of our knowledge the plans and facility comply with the current Florida Building Code. Report any discrepancies observed or noted to OWNER. The applicable building permit office will prepare and issue the Certificate of Occupancy at the appropriate time to the Contractor, on the form approved by OWNER . • CONSULTANT shall assist in the OWNER'S Project closeout process. Upon notice from Contractor, and with the assistance of OWNER, CONSULTANT shall conduct the Substantial Completion inspection and if appropriate issue the Certificate of Substantial Completion. Review and comment upon, and supplement as appropriate, the punch lists to be prepared by Contractor. Notify Contractor in writing of work not complete. • Upon notice from Contractor, conduct final inspections and assist OWNER in final acceptance of Project. If appropriate, issue the Certificate of Final Inspection on the form approved by OWNER . • Throughout the Construction Phase, CONSULTANT shall review Contractor's marked -up "As- Built" drawings and Project Manual /Specifications, on a regular basis, and at least monthly prior to certification of Contractor's monthly payment application, to verify that Contractor is regularly updating the "As- Builts." • After Contractor provides CONSULTANT with its marked -up "As- Built" drawings, CONSULTANT will revise the final approved Construction Documents to incorporate all "As- Built" information contained in the Contractor's marked -up "As- Built" drawings, as well as to reflect all addenda, contract changes and field changes (sometimes referred to herein as the "Record Documents "). CONSULTANT shall provide OWNER with one (1) electronic copy on compact disk (CD) of the Record Documents, two sets of the conformed drawings and prints, and two sets of the Project Manual /Specifications. The electronic copy on CD of the Record Documents shall be provided in AutoCAD.dwg format, "purged and bound ", and compatible with OWNER'S system Contents of CONSULTANTS Record drawings are conditioned upon the accuracy of the information and documents provided by the construction contractor. COLLIER COUNTY GOVERNMENT CENTER g Annex Floors 2 and 3 Re- Design Agenda Item No. 16E3 May 8, 2007 Page 48 of 69 SERVICES RELATING TO ALL PHASES: OWNER shall provide timely responses and information to maintain the project schedule. Prompt written notice shall be given by the OWNER to the CONSULTANT if the OWNER becomes aware of any fault or defect in the project or noncomformities with the contract documents. Notwithstanding any other provision of this Agreement, the CONSULTANT and subconsultants shall have no responsibility for the discovery, presence, handling, removal, disposal or exposure of persons to hazardous materials in any form at the project site, including but not limited to asbestos, asbestos products, mold, polychlorinated biphenyl (PCB) or other toxic substances. Notwithstanding anything in this Agreement, CONSULTANT shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety measures, precautions and programs including enforcement of Federal and State safety requirements, in connection with construction work performed by OWNER'S construction contractors." ADDITIONAL SERVICES: The services described below are not included in Basic Services unless so identified previously in this work order, and they shall be paid for by the OWNER as provided in this agreement, in addition to the compensation for Basic Services. The services provided below shall only be provided if authorized in writing by the OWNER. • CONSULTANT shall update the campus Master Plan drawings to reflect the current as built condition related to the overall Master Plan goals. • CONSULTANT shall develop a cost estimate as part of the Schematic Design, Design Development, and Construction Documents phases. • Assist OWNER and Contractor in the training of the facility operation and maintenance personnel with respect to the proper operations, schedules, procedures and inventory controls for the various Project equipment and systems. Such assistance shall include assisting OWNER in arranging for and coordinating the instruction and training on operations and maintenance of the Project's equipment and systems in conjunction with the various manufacturer representatives. Further, CONSULTANT is to attend all such training sessions, unless otherwise consented to by OWNER in writing. • Schedule via OWNER and visit with OWNER and Contractor the facility at initial occupancy and at six (6) and eleven (11) months after issuance of the Certificate of Substantial Completion. During each facility visit, CONSULTANT shall observe, troubleshoot and advise in the operation of building systems. This shall not relieve CONSULTANT of its obligation to make other visits to the facility based on need should specific issues arise. COLLIER COUNTY GOVERNMENT CENTER g Annex Floors 2 and 3 Re- Design Agenda Item No, 16E3 May 8, 2007 Page 49 of 69 Submit a facility and equipment review schedule to OWNER at the time of Substantial Completion. Perform reviews of facilities and equipment prior to expiration of warranty period(s) to ascertain adequacy of performance, materials, systems and equipment. Submit a written report to OWNER If more extensive representation at the site than is described is required, the architect shall provide one or more project representatives to assist in carrying out such additional on -site responsibilities. • Making revisions in Drawings, Specifications of other documents when such revision are: a. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project Budget. b. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or C. due to changes required as a result of the Owner's failure to render decisions in a timely manner. • Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or negotiating and contracting for construction. • Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. • Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor or by failure of performance of either the Owner or Contractor under the Contract for Construction. • Providing documents in connection with public hearing, arbitration proceeding or legal proceeding except where the Architect is party thereto. • Providing analyses of the Owner's needs and programming the requirements of the Project. • Providing financial feasibility or other special studies. • Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the project. • Providing services to investigate existing conditions or facilities or to make measured drawings thereof. COLLIER COUNTY GOVERNMENT CENTER 10 Annex Floors 2 and 3 Re- Design Agenda Item No. 16E3 May 8, 2007 Page 50 of 69 • Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. • Providing detailed estimates of Construction Cost or detailed quantity surveys or inventories of material, equipment and labor. • Providing analyses of owning and operating costs. • Providing interior design and other similar services required for or in connection with the selection, procurement or installation or furniture, furnishings and related equipment. • Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. • Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. • Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than 60 days after the date of Substantial Completion of the Work. • Providing services of consultants for other than architectural, structural mechanical and electrical engineering portions of the Project provided as part of Basic Services. • Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. COLLIER COUNTY GOVERNMENT CENTER Annex Floors 2 and 3 Re- Design Agenda Item No. 16E3 May 8, 2007 Page 51 of 69 EXHIBIT B PROJECT MILESTONE SCHEDULE 1. Upon the Notice to Proceed issued by OWNER, Schematic Design documents shall be submitted to OWNER within (4) weeks after the date of such Notice. 2. Upon authorization by OWNER to commence the Design Development service, the Design Development Documents shall be submitted to OWNER within (4) weeks after the date of such authorization. 3. Upon authorization by OWNER to commence the Construction Document service, the Construction Documents will be submitted to OWNER within (8) weeks after authorization to commence. Upon incorporation of owner comments project will be submitted for building permit. Permitting time is estimated at a minimum of 16 weeks and will vary depending on permit comments. 4. Construction Administration Phase Services to be provided in accordance with the terms of the Construction Contract and the Project Construction Schedule If construction Administration Phase services are required beyond the accepted construction schedule those services would be considered extended construction administration phase services and would therefore be additional services. COLLIER COUNTY GOVERNMENT CENTER 12 Annex Floors 2 and 3 Re- Design Agenda Item No. 16E3 May 8, 2007 Page 52 of 69 SCHEDULE B BASIS OF COMPENSATION LUMP SUM 1. MONTHLY STATUS REPORTS B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its monthly invoice a progress report reflecting the Project design and construction status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any then - authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. B1.1.1 All monthly status reports and invoices shall be mailed to the attention of: Mr. Hank Jones, P.E. Senior Project Manager Collier County Government Department of Facilities Management 3301 Tamiami Trail East, Building W Naples, FL 34112 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make lump sum payments to CONSULTANT in accordance with percentage completion per phase, with the terms stated below. Payments will be made monthly in accordance with the following Schedule of values. PHASE ITEM LUMP SUM FEE FOR: FEE 1. Phase I — Schematic Design $ 40,963.00 2. Phase I — Design Development $ 32,249.00 3. Phase I - Expenses Incl. in 1 and 2 Phase 1— Total Fee $ 73,212.00 COLLIER COUNTY GOVERNMENT CENTER 13 Annex Floors 2 and 3 Re- Design Agenda Item No. 16E3 May 8, 2007 Page 53 of 69 PHASE II ITEM LUMP SUM FEE FOR: FEE 1. Phase II — Construction Documents/—Bidding/Permitting $ 101,100.00 2. Phase IF— Construction Administration Incl. in Contract 3. Phase II - Expenses Incl. in 1 and 2 Phase 11— Total Fee $ 101,100.00 B.2.2. The fees noted in Section 2.1. shall constitute for: Phase) (Seventy Three Thousand and Two Hundred and Twelve Dollars) ............... $ 73,212.00 Phase II (One Hundred One Thousand and One Hundred ) ............................. $ 101.100.00 Total Fee $ 174,312.00 to be paid to CONSULTANT for the performance of the Basic Services. B.2.3. For Additional Services provided pursuant to Article 2 of the Agreement, if any, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without OWNER'S prior written approval. B.2.4. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out -of- pocket expenses incurred in the performance of all such services. B.2.5 Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and payable and such disputed fees do not exceed 10% of the total basic service fees for such services. 3. SCHEDULE OF PAYMENTS: COLLIER COUNTY GOVERNMENT CENTER 14 Annex Floors 2 and 3 Re- Design Agenda Item No. 16E3 May 8, 2007 Page 54 of 69 B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by Owner. Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. B.3.3 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove as per Standard Billing Rates and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.4 CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. B.3.4.1 Reimbursable Expenses unless negotiated as a component of basic or additional services must comply with OWNER'S then current standard reimbursable expense policy, be charged without mark -up by the CONSULTANT, and shall consist only of the following items: 8.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement. 8.3.4.1.2. Mileage outside of Lee and Collier County approving in writing by OWNER. B.3.4.1.3. Permit Fees required by the Project. 6.3.4.1.4 Other items on request and approved in writing by the OWNER. COLLIER COUNTY GOVERNMENT CENTER 1s Annex Floors 2 and 3 Re- Design Agenda Item No. 16113 May 8, 2007 Page 55 of 69 EXHIBIT C STAFFING Key personnel assigned by CONSULTANT to the services under this work order: • Spillis Candela DMJM - Don Dwore, AIA - Enrique Macia, AIA - Steve Berler - Jorge Perez - Erick Gonzalez, PE - Emilio Rivero, PE - Ovidio Rodriguez, PE COLLIER COUNTY GOVERNMENT CENTER 16 Annex Floors 2 and 3 Re-Design Agenda Item No. 16113 May 8, 2007 Page 56 of 69 Attachment # 1 to Change Order 12 Spillis Candela DMJM ATTACHMENTS TO PREVIOUS CHANGE: AMENDMENT #6 COLLIER COUNTY GOVERNMENT CENTER COURTHOUSE ANNEX FFBE(4 FLOORS) Agenda Item No. 16113 May 8, 2007 Page 57 of 69 EXHIBIT A2 -A SCOPE OF SERVICES The Consultant will provide furniture and furnishings selections and specifications associated with four floors (1' 2nd 3 r and an additional floor to be determined) of the Collier County Courthouse Annex. The project consists of approximately 80,000 GSF of lobbies, public queuing areas, general office spaces, and open plan workstations. This proposal is based upon the assumption that all furniture shall be new; however, existing furniture can be incorporated into the Project as an Additional Service. The Owner shall provide the Consultant with a list of acceptable loose furniture manufacturers and advise of the pricing structure to be used for budgeting purposes. The Owner has requested that comparable Herman Miller and Steelcase workstation components be specified for use in obtaining bids. Services shall proceed according to the phases and schedule outlined below: SCHEMATIC DESIGN 1. The Consultant shall meet with a key representative of each department to confirm the requirements of the Architect's preliminary workstation and equipment layout. 2. The Consultant shall present updated furniture plans illustrating workstation block plans, office layouts, and support spaces with recommendations for any receptacle or fixture location changes to the Architect's telephone /data, and power plans. 3. Upon the Owner's approval, Spillis Candela DMJM shall coordinate any receptacle or fixture location changes with notes of critical dimensions. 4. Spillis Candela DMJM shall prepare a schematic design presentation consisting of: a. A line item furniture budget based upon Owner supplied pricing discounts. b. Conceptual selections of loose furniture. c. Comparable Herman Miller and Steelcase open plan workstation selections. d. Concepts for color palettes and finish materials to coordinate with Architect's building color scheme. These concepts shall be shown in a loose presentation manner. DESIGN DEVELOPMENT 1. The Consultant shall prepare a Design Development presentation consisting of: a. Final loose furniture and open plan workstation plans including typical workstation plates illustrating filing, storage and work surface areas. b. Presentation boards with photographs and color finish samples of the COLLIER COUNTY GOVERNMENT CENTER COURTHOUSE ANNEX FF &E (4 FLOORS) Agenda Item No. 16E3 May 8, 2007 Page 58 of 69 recommended furniture. c. A final Furniture Budget. CONTRACT DOCUMENTS 1. The Consultant shall prepare descriptive specifications for the Owner's purchase of loose furniture. These specifications shall be based upon a sole manufacturer. 2. The Consultant shall prepare outline specifications, furniture plates and isometric drawings for each open plan workstation configuration. The specifications shall identify comparable Herman Miller and Steelcase product lines for components. 3. The Consultant shall prepare coded floor plans indicating locations for the installation of new furniture. BIDDING 1. The Consultant shall transmit the documents to the Owner for its use in bidding, negotiating contracts and purchasing. 2. The Consultant shall review the system furniture manufacturer's specifications and plans for compliance. CONTRACT ADMINISTRATION 1. The selected furniture dealer shall prepare the furniture installation plans and coordinate with electrical and data /telephone receptacle locations. 2. During the installation phase, Spillis Candela DMJM shall attend one job site review of the initial panel layout and one final punch list walk- through with the Owner and the Installer. 3. Spillis Candela DMJM shall prepare and issue a punch list to the Furniture Dealer specifying the work to be corrected prior to final payment by the Owner. COLLIER COUNTY GOVERNMENT CENTER 3 COURTHOUSE ANNEX FF &E(4 FLOORS) PROFESSIONAL FEES, EXPENSES and SCHEDULE: 1. Schematic Design — 5 weeks, 2. Owner Review — 1 week 3. Design Development — 6 weeks 4. Owner Review — 1 week 5. Contract Documents — 6 weeks 6. Owner Review — 1 week 7. Bidding — 3 weeks 8. Contract Administration — 16 weeks 9. Expenses SCHEMATIC DESIGN Agenda Item No. 16E3 May 8, 2007 Page 59 of 69 $24,000.00 $28,000.00 $24,000.00 $ 5,000.00 $ 7,000.00 6,000.00 $94,000.00 Based upon the mutually agreed -upon Project program, schedule and budget by OWNER and CONSULTANT, CONSULTANT shall prepare, Schematic Design Documents in compliance with OWNER'S design guidelines for approval by OWNER. OWNER'S acceptance of Schematic Design Documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of this Project. All Schematic Design Documents prepared by or for CONSULTANT are subject to OWNER'S review and approval. At completion of the Schematic Design Phase, CONSULTANT shall submit the Schematic Design Documents to the Project Manager for review and comment. CONSULTANT shall respond in writing to the review comments within 7 calendar days of receipt. Responses shall be forwarded directly to the OWNER'S Project Manager. CONSULTANT shall revise the Schematic Design Documents as required by OWNER in order to obtain OWNER'S written approval and authorization to proceed to the Design Development Phase. DESIGN DEVELOPMENT After OWNER'S review and approval of the Schematic Design Documents and issuance of OWNER'S written authorization to proceed, CONSULTANT shall commence the Design Development services and perform the following: Develop design documents to a level of definitiveness and detail to fix and describe the size and character of the various Project components and each Project discipline and system as may be appropriate for this stage of development, including long lead and special order materials and equipment. All Design Development Documents prepared by or for CONSULTANT are subject to OWNER'S review and approval. At completion of the Design Development Phase, CONSULTANT shall submit the Design Development Documents to the Project Manager for review and comment. CONSULTANT shall respond in writing to the review comments within 14 calendar days of receipt. Responses shall be forwarded directly to the OWNER'S Project Manager. CONSULTANT shall revise the Design Development Documents as required by COLLIER COUNTY GOVERNMENT CENTER COURTHOUSE ANNEX FF &E (4 FLOORS) Agenda Item No. 16E3 May 8, 2007 Page 60 of 69 OWNER in order to obtain OWNER'S written approval and authorization to proceed to the Construction Documents Phase. CONTRACT DOCUMENTS After OWNER'S review and approval of the Design Development Documents and issuance of OWNER'S written authorization to proceed, CONSULTANT shall commence the Contract Documents services and perform the following: Prepare final plans and specifications, Contract Documents setting forth in detail each discipline's requirements into a cohesive whole based upon the approved Design Development Documents and consultations with OWNER'S Project Manager. All Contract Documents prepared by or for CONSULTANT are subject to OWNER'S review and approval. At completion of the Contract Documents Phase, CONSULTANT shall submit the Documents to the Project Manager for review and comment. CONSULTANT shall respond in writing to the review comments within 7 calendar days of receipt. Responses shall be forwarded directly to the OWNER'S Project Manager. CONSULTANT shall revise the Contract Documents as required by OWNER to obtain OWNER'S written approval of such documents. BIDDING CONSULTANT shall cooperate with and assist OWNER during the Bidding Phase as hereafter provided with respect to the selection of the Contractor: CONSULTANT shall provide the OWNER'S Project Manager with one electronic copy of the Contract Documents and all other bidding documents prepared by or for CONSULTANT. CONSULTANT shall assist OWNER in reviewing, evaluating and advising OWNER regarding bids. The CONSULTANT shall make a written recommendation to the OWNER with respect to the OWNER entering an agreement with the apparent Successful Bidder. CONSULTANT shall prepare any required addenda to the Contract Documents, submit addenda for OWNER review and approval, and distribute all required copies to all necessary parties as determined and approved by OWNER. CONSULTANT shall respond only to questions or requests for clarifications concerning the Construction Documents submitted in writing by OWNER. Written questions by bidders during bidding shall be answered by the CONSULTANT through the issuance of Addenda through the Owner's Project Manager. CONTRACT ADMINISTRATION CONSULTANT shall keep OWNER apprised of all contacts and /or communications between CONSULTANT and Contractor. OWNER shall be copied on all correspondence between CONSULTANT and Contractor. All contacts and /or communications between CONSULTANT and the various subcontractors shall be routed through Contractor. COLLIER COUNTY GOVERNMENT CENTER COURTHOUSE ANNEX FF &E(4 FLOORS) Agenda Item No. 16E3 May 8, 2007 Page 61 of 69 During the Contract Administration Phase, CONSULTANT shall provide the following services: Process, review, respond and distribute shop drawings, product data, samples, substitutions and other submittals required by the Construction Documents within five (10) business days. • CONSULTANT, as representative of OWNER during furniture installation, shall advise and consult with OWNER. Through its on -site observations of the Work in progress and field checks of materials and equipment, CONSULTANT shall endeavor to provide protection for OWNER against defects and deficiencies in the Work of Contractor and the various subcontractors of Contractor. • Prior to the first Application for Payment, the CONSULTANT shall review the Contractor's Schedule of Values and recommend adjustments. Based on such observations at the site and on the Applications for Payment submitted by the Contractor, CONSULTANT shall recommend the amount owing to Contractor and shall acknowledge the Application for Payment initially completed by the Contractor for such amounts. The issuance of Certificate of Payment shall constitute a representation by CONSULTANT to OWNER that: (i) the Work has progressed to the point indicated; (ii) that to the best of CONSULTANT'S knowledge, information and belief, the quality of the Work is in accordance with the Construction Documents subject to minor deviations from the Construction Documents correctable prior to completion, and to any specific qualifications stated in the Application for Payment, and (iii) Contractor is entitled to payment in the amount certified. CONSULTANT shall review claims for extra compensation, or extensions of time from Contractor, make written recommendations to OWNER within five (5) business days concerning validity, and prepare responses for OWNER. CONSULTANT shall be, in the first instance, the interpreter of the requirements of the Contract Documents. CONSULTANT shall render opinions on all claims of Contractor relating to the execution and progress of the Work and on all other matters or questions related thereto. CONSULTANT'S decisions in matters relating to artistic effect shall be final if consistent with the intent of the Construction Documents, subject to OWNER'S approval. Prepare, reproduce and distribute supplemental drawings, specifications and interpretations in response to requests for clarification by Contractor or OWNER. CONSULTANT'S response to any such request must be received by OWNER and Contractor within five (5) business days. CONSULTANT will review and respond to all submittals from Contractor, including but not limited to shop drawings, within a reasonable period of time so as not to delay the progress of the Work, but in no event, more than five ( 10) business days, unless OWNER expressly agrees otherwise in writing. Review of Contractor's submittals is not conducted for the purpose of determining the accuracy and completeness of other details, such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of Contractor as required by the Contract Documents. CONSULTANT'S review shall not constitute approval of safety precautions or, unless otherwise specifically stated by CONSULTANT, of any construction means, methods, techniques, sequences or procedures. CONSULTANT'S approval of a specific item shall not indicate approval of an assembly of which the item is a component. COLLIER COUNTY GOVERNMENT CENTER COURTHOUSE ANNEX FFaE (4 FLOORS) Agenda Item No. 16113 May 8, 2007 Page 62 of 69 • CONSULTANT shall review and provide written comment upon all Change Orders requests by the Contractor, as well as any cost estimate associated with a Change Order request, prepared by Contractor. Upon agreement by the OWNER, the CONSULTANT shall prepare and provide Work Change Directives to the OWNER for approval and issuance to the Contractor and revise the Contract Documents accordingly. • CONSULTANT shall review the Project schedule, schedule(s) of shop drawing submittals and schedule(s) of values prepared by Contractor and advise and /or recommend in writing to OWNER concerning their acceptability. • Receive notice from Contractor if other work related to the Project by OWNER'S own forces, by utility owners, or by other direct contractors will involve additional expense to Contractor or require additional time and promptly advise OWNER in writing. • Receive copies of all accident reports submitted by Contractor. SERVICES RELATING TO ALL PHASES OWNER shall provide timely responses and information to maintain the project schedule. Prompt written notice shall be given by the OWNER to the CONSULTANT if the OWNER becomes aware of any fault or defect in the project or noncomformities with the contract documents. Notwithstanding any other provision of this Agreement, the CONSULTANT and subconsultants shall have no responsibility for the discovery, presence, handling, removal, disposal or exposure of persons to hazardous materials in any form at the project site, including but not limited to asbestos, asbestos products, mold, polychlorinated biphenyl (PCB) or other toxic substances. Notwithstanding anything in this Agreement, CONSULTANT shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety measures, precautions and programs including enforcement of Federal and State safety requirements, in connection with construction work performed by OWNER'S construction contractors." ADDITIONAL SERVICES: The services described below are not included in Basic Services unless so identified previously in this work order, and they shall be paid for by the OWNER as provided in this agreement, in addition to the compensation for Basic Services. The services provided below shall only be provided if authorized in writing by the OWNER. Assist OWNER and Contractor in the training of the facility operation and maintenance personnel with respect to the proper operations, schedules, procedures and inventory controls for the various Project equipment and systems. Such assistance shall include assisting OWNER in arranging for and coordinating the instruction and training on operations and maintenance of the Project's equipment and systems in conjunction with the various manufacturer representatives. Further, CONSULTANT is to attend all such training sessions, unless otherwise consented to by OWNER in writing. COLLIER COUNTY GOVERNMENT CENTER COURTHOUSE ANNEX FFBE (4 FLOORS) Agenda Item No. 16E3 May 8, 2007 Page 63 of 69 • Schedule via OWNER and visit with OWNER and Contractor the facility at initial occupancy and at six (6) and eleven (11) months after occupancy. During each facility visit, CONSULTANT shall observe, troubleshoot and advise in the operation of building systems. This shall not relieve CONSULTANT of its obligation to make other visits to the facility based on need should specific issues arise. After Contractor provides CONSULTANT with its marked -up "As- Built" drawings and specifications, CONSULTANT will revise the final approved Construction Documents to incorporate all "As- Built" information contained in the Contractor's marked -up "As- Built" drawings and specifications, as well as to reflect all addenda, contract changes and field changes (sometimes referred to herein as the "Record Documents "). CONSULTANT shall provide OWNER with one (1) electronic copy on compact disk (CD) of the Record Documents, two sets of the conformed, signed and sealed drawings and prints, and two sets of the conformed Project Manual /Specifications signed and sealed. The electronic copy on CD of the Record Documents shall be provided in AutoCAD.dwg format, "purged and bound ", and compatible with OWNER'S system Contents of CONSULTANTS Record drawings are conditioned upon the accuracy of the information and documents provided by the construction contractor. Submit a facility and equipment review schedule to OWNER at the time of substantial completion. Perform reviews of facilities and equipment prior to expiration of warranty period(s) to ascertain adequacy of performance, materials, systems, and equipment. If more extensive representation at the site than is described is required, the architect shall provide one or more project representatives to assist in carrying out such additional on -site responsibilities. • Making revisions in Drawings, Specifications of other documents when such revision are: a. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project Budget. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or C. due to changes required as a result of the Owner's failure to render decisions in a timely manner. • Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or negotiating and contracting for construction. • Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor or by failure of performance of either the Owner or Contractor under the Contract for Construction. COLLIER COUNTY GOVERNMENT CENTER COURTHOUSE ANNEX FF &E (4 FLOORS) Agenda Item No. 16E3 May 8, 2007 Page 64 of 69 • Providing documents in connection with public hearing, arbitration proceeding or legal proceeding except where the Architect is party thereto. • Providing analyses of the Owner's needs and programming the requirements of the Project. • Providing financial feasibility or other special studies. • Providing services to investigate existing conditions or facilities or to make measured drawings thereof. • Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. • Providing detailed estimates of Construction Cost or detailed quantity surveys or inventories of material, equipment and labor. • Providing analyses of owning and operating costs. • Making investigations, inventories of furniture, materials or equipment, or valuations and detailed appraisals of existing facilities. • Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked -up prints, drawings and other data furnished by the Contractor to the Architect. • Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than 60 days after the date of Substantial Completion of the Work. • Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted interior design practice. COLLIER COUNTY GOVERNMENT CENTER 9 COURTHOUSE ANNEX FFBE(4 FLOORS) Agenda Item No. 16E3 May 8, 2007 Page 65 of 69 EXHIBIT B PROJECT MILESTONE SCHEDULE Upon the Notice to Proceed issued by OWNER, the Schematic Design documents shall be submitted to OWNER within (5) weeks after the date of such Notice. 2. Upon authorization by OWNER to commence the Design Development service, the Design Development Documents shall be submitted to OWNER within 6 weeks after the date of such authorization. 3. Upon authorization by OWNER to commence the Construction Document service, the Construction Documents will be submitted to OWNER within 6 weeks after authorization to commence. 3. Bidding phase services are estimated at 3 weeks. 5. Contract Administration Services to be provided in accordance with the terms of the Construction Contract and the Project Construction Schedule and not to exceed 16 weeks.. COLLIER COUNTY GOVERNMENT CENTER 10 COURTHOUSE ANNEX FFaE (4 FLOORS) SCHEDULE B BASIS OF COMPENSATION LUMP SUM 1. MONTHLY STATUS REPORTS Agenda Item No. 16E3 May 8, 2007 Page 66 of 69 B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its monthly invoice a progress report reflecting the Project design and construction status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any then - authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show ail Service items and the percentage complete of each item. 81.1.1 All monthly status reports and invoices shall be mailed to the attention of: Mr. Peter Hayden Senior Project Manager Collier County Government Department of Facilities Management 3301 Tamiami Trail East, Building W Naples, FL 34112 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make lump sum payments to CONSULTANT in accordance with percentage completion per phase, with the terms stated below. Payments will be made monthly in accordance with the following Schedule of values. ITEM LUMP SUM FEE FOR: FEE 1. Schematic Design $ 24,000.00 2. Design Development $ 28,000.00 3. Contract Documents $ 24,000.00 4. Bidding $ 5,000.00 5. Contract Administration $ 7,000.00 6. Expenses $ 6,000.00 Total Fee $ 94,000.00 B.2.2. The total fees noted in Section 2.1. shall constitute: (Ninety Four Thousand Dollars) .................................... ..............................$ 94,000.00 to be paid to CONSULTANT for the performance of the Basic Services. COLLIER COUNTY GOVERNMENT CENTER COURTHOUSE ANNEX FF &E (4 FLOORS) Agenda Item No. 16E3 May 8, 2007 Page 67 of 69 B.2.3. For Additional Services provided pursuant to Article 2 of the Agreement, if any, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without OWNER'S prior written approval. B.2.4. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out -of- pocket expenses incurred in the performance of all such services. B.2.5 Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and payable and such disputed fees do not exceed 10% of the total basic service fees for such services. 3. SCHEDULE OF PAYMENTS: B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by Owner. Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. B.3.3 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove as per Standard Billing Rates and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.4 CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. COLLIER COUNTY GOVERNMENT CENTER 12 COURTHOUSE ANNEX FF &E (4 FLOORS) Agenda Item No. 16E3 May 8, 2007 Page 68 of 69 B.3.4.1 Reimbursable Expenses unless negotiated as a component of basic or additional services must comply with OWNER'S then current standard reimbursable expense policy, be charged without mark -up by the CONSULTANT, and shall consist only of the following items: B.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement. 8.3.4.1.2. Mileage outside of Lee and Collier County approving in writing by OWNER. B.3.4.1.3. Permit Fees required by the Project. B.3.4.1.4 Other items on request and approved in writing by the OWNER. COLLIER COUNTY GOVERNMENT CENTER 13 COURTHOUSE ANNEX FFBE (4 FLOORS) Agenda Item No. 16E3 May 8, 2007 Page 69 of 69 EXHIBIT C STAFFING Key personnel assigned by CONSULTANT to the services under this work order: • Spillis Candela DMJM - Don Dwore, FAIA - Enrique Macia, AIA - Steve Berler - Dean Newberry,IIDA - Lynn Gordon, IIDA - Brigitte Molitor Key Subconsultants to be assigned to the services under this work order: tam COLLIER COUNTY GOVERNMENT CENTER 74 COURTHOUSE ANNEX FFBE (4 FLOORS) Agenda Item No. 16E4 May 8, 2007 Page 1 of 27 EXECUTIVE SUMMARY Report and Ratify Staff - Approved Change Orders and Changes to Work Orders to Board - Approved Contracts. OBJECTIVE: To enable the Board to oversee the execution of administrative change orders and changes to work orders, and promote accountability in the use of staff authority. CONSIDERATIONS: On April 22, 2003, the Board approved a recommendation to implement a plan to enable changes to BCC- approved contracts (Section XIV. C, Collier County Purchasing Policy) of not greater than 10 percent of the current Board approved amount or $10,000 (whichever is greater) to be authorized by staff. Also included in the report are changes to Work Orders. These include work orders issued under CCNA Contracts, which are less than or equal to $200,000 (Section VII.C, Collier County Purchasing Policy), and changes to work orders for all other contracts (Section XIV. G, Collier County Purchasing Policy) which are not greater than 10 percent of the current Board Approved amount or $100,000 whichever is greater. The Administrative report identifies the percentage changes, to contracts or work orders, that have occurred since the prior BCC approved amount, which are below the threshold limits as referenced above. The plan calls for staff to submit a monthly report listing these change orders from the previous reporting period. Enclosed is the monthly report of the Administrative Change Order and Administrative Changes to Work Order Reports. These reports cover period March 21, 2007 through April 17, 2007. FISCAL IMPACT: The total change to contracts is a net reduction of $2,379,972.58. The total change to work orders is $16,882.00. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with This action. RECOMMENDATION: That the Board of County Commissioners accepts the enclosed Administrative Change Orders and Administrative Changes to Work Orders Reports and ratifies the listed change orders and changes to work orders PREPARED BY: Brenda Reaves, Contract Technician, Purchasing Department Page 1 of 1 Agenda Item No. 16E4 May 8, 2007 Page 2 of 27 file : / /C:\AeendaTest\Exoort\82 -Mav% 208.% 202007\ l6 . %2000NSP.NTe /20AGRNDA \ifiP.. -.- 520007 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16E4 Item summary: Report and Ratify Staff - Approved Change Orders and Changes to Work Orders to Board. Approved Contracts. Meeting Date: 518'2007 9'.00 00 AM Prepared By Diana DeLeon Administrative Assistant Date Administrative Services Purchasing 423120073:15: 18 PM Approved By Steve Carvell Purchasing/General Svcs Director Date Administrative Services Purchasing 4123120073:5] PM Approved By Skip Camp, GRM, Facilities Management Director Date Administrative Services Facilities Management 412312007 4'.03 PM Approved By Len Golden Price AtlmWStrative services Administrator Dale Administrative Services Atlministralive Services Adred. 4126120074:23 PM Approved By OMB COOrdodder Administrative Assistant Dale County Manageh Office Office of Managemem 8 Budget 412712DO7 9:10 AM Approved By Laura Davison Management B Budget Analyst Data County Managers Office Office of Management & Budget 4I3D/2007 12:17 PM Approved By Michael Smykowski Management& Budget Director Date County Managers Office Office of Management & Budget 4/302007 get PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Managers office ce 41301200]]:02 P file : / /C:\AeendaTest\Exoort\82 -Mav% 208.% 202007\ l6 . %2000NSP.NTe /20AGRNDA \ifiP.. -.- 520007 LU Won a Z > � (D R m c0 L U N N m T C f m L a U o °e GI L � m i 7 d v ¢ d a Q a K U a N 2 Q I °m � m p c a O m E ¢ E o E m . o U r w C e m `m L 9 O U p x u A O U H C d 9 o< N 0 o � ¢ O m° E U Q U � m " C A c Ua 9 � d � U � EOE m ¢¢ d Q N a m 6 m w q M O w O N w O O m a N m m LL J _ O T m x O L� G U d d 2 a N _ 0 2 9 q m o m m y U c m q n ti ° c N (7 Y O O d 2 ^ d 0 r h CO C p O N U m v o m x U ' c 5 c c I 'o c on�dU m NN ot� O n � Y VNi O D U Q 0 O N ti m L O 0 d Q 0 0 e O ci m P h f0] w O 0 P n w co m n w m P m N U U H � e o U � c o a 0 0 q O M u m L O d O 0 O c 0 r LO o `o 6 N m 3 M .m. m N N x 0 C C N � O a m O O O °N N E V 6 L m N � N O DI � d m � L E m N ai m z L O C m a 0 o ; 0 a uj d rn n m a c0 O m O � 4 U o ry `c N OL' � N m m°1 a D N y � �� La O d — a m O m � r r m C ➢ m E Z m E m c r o � d n m z d a> m L x o m_2 W W N O U N N V O 0 E Q (°OOUK 9 H w N y as rno o m C C C c v U p, O p G d d ? 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E aLL morn mm w °o O O C W O L O M W d W N ° M L m O �a i°-m c w�nooxo. � u v n m 52 C m m m v 'L 2 Ou e g o O O ° 0 `o �n T O o m @ o m o E c o m m g O m o n m E °o D) E L O N a b � � 6 x U E ✓� O O � co � m O V 3 O 2 5 o 0 0 T W o 0 m m w c m V m N O N H m f9 O W O ° 3 O ry m m p C O O m v °o E O Om+ pl ry N d C f9 O ` fA O � T r W a a ° m g O T _ T 6 w m c c o : E KN a E °1 L 9 m L N T O Q y n N O C'1 N m .m. c d y a m o m y v o w 0 `oa o � o O m O o � O N O y m 0 `m a n m e y N o > 5m n u ° M n` m d o d m m ° y L Of W � P N �a m ° d m ° o r O � W N C 6 m rn r a w � n 3 O " m o c N Q T o � � O N a M p S h o � am O O O L L n r m O n p c E U F � O " u 0 a m a°i E `o N Q m C J W L m QmU> ap � a o � o o m o m M W m r y C e O G O e i � o O m Lu } \� fEl� � \! )k\ � \\ k\\ 0 o im ` 0E \ � \/ �\ 52 \\ \� ® CONTRACTMORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Collier County Seven Story Addition Annex PROJECT #: 52533 -3 BID /RFP #: 04- 3576MOD #: 6 P0#:4500025867 WORK ORDER DEPARTMENT., Facilities Original Contract Amount: Current BCC Approved Amount: Current Contract Amount, Change Amount: Revised Contract/Work Order Amount: Agenda Item No. 16E4 May 8, 2007 Page 6 of 27 $445;000:00 Ci()I(" /i,d�%.LU (Starting Point) $36,685,528.00 (Last Total Amount Approved by the BCC) $36,685,528.00 (Including All Changes Prior To This Modification) $(761,333.78) $35,924,19412 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract(Work Order: $15,277,394.22 Date of Last BCC 11/14!06 Approval Agenda Item # 10F go Percentage of the Chang over /under current contract amount Z 0 xJ Formula: (CurrentAmoun /Last BCC approved amount) -1 `7esults and Actions: if the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing aport. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4. CURRENT COMPLETION DATE (S):ORIGINAL: Not vet established CURRENT: Not vet estabislhed SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Direct Material Purchase JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Tax Savings PARTIES CONTACTED REGARDING THE CHANGE: Hank Jones, Ron Hovell Linda Jackson Best. Skip Camp IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N /A) Proposed change is consistent with the scope of the existing agreement Y Proposed change is In fad an addition or deletion to the existing scope Change is being implemented in a manner consistent with the existing agreement The appropriate parties have been consulted regarding the change Proposed prices, fees and costs set forth in the change are reasonable PROJECT APPROVE REVIEWEf Revised 4/25/2005 rm is to be si ned and dated. Date: -7 Date: 3 67 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Collier County Seven Story Addition Annex PROJECT # 52533.3 BID/RFP M 04.3576MOD #: 7 PO# :4500025867 WORK ORDER DEPARTMENT: Facilities Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: Change Amount: Revised ContractlWork Order Amount: Agenda Item No. 16E4 a May 8, 2007 Page 7 of 27 $01 a /Gib /J-OD.<Rl (Starting Point) $36,685,528.00 (Last Total Amount Approved by the BCC) $35,924,194.22 (Including All Changes Prior To This Modification) S(2,015,027.68) $33,909,166.54 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $13,262 ,366.54 Date of Last BCC Approval 11/14/06 Agenda Item # 10 F Percentage of the change over /under current contract amount -7.5,7 Formula: (Current Amount/ Last BCC approved amount) -1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report For speck information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4. CURRENT COMPLETION DATE (S):ORIGINAL: Not vet established CURRENT: Not vet astablsihed SLTNUVIARY OF PROPOSED CHANGE (S): Identify the changes. Direct Material Purchase JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Tax Savings PARTIES CONTACTED REGARDING THE CHANGE: Hank Jones, Ron Hovelt, Linda Jackson Best Skip Camp IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA) Y Proposed change is consistent with the scope of the existing agreement _Y Proposed change is in fact an addition or deletion to the existing scope _Y_ Change is being implemented in a manner consistent with the existing agreement _Y The appropriate parties have been consulted regarding the change _Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER APPROVE BY: REVIEWED Revised 4/25/2005 This form is to be signed and dated. Date: Z Date: • 7 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM _ PROJECT NAME: Immokalee Rd (1-75 to Colller Blvdi BIDIRFP #: 06 -3770 MOD #: 01 PO#: 4500063794 Original Contract Amount: Current BCC Approved Amount: Current Conh act Amount: Change Amount: Revised ContractfWork Order Amount: PROJECT # 66045 WORK ORDER #:NN/ Agenda Item No. 16E4 May 8, 2007 Page 8 of 27 $ 22.365.498.91 (Starting Point) S 22.365A98.91 (Last Total Amount Approved by the BCC) $ 22.365A98.91 (Including All Changes Prior To This Modification) $ 0.00 $ 22.365A98.91 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order. S 0.00 Date of Last BCC Approval: March 14, 2006 Agenda Item # 10C Percentage of the change overlunder current contract amount Formula: (Revised Amount/ Last BCC approved amount) -1 Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required; equal to or less than 10% reported to BCC by the purchasing department CCNA Work Orders: For all work orders that exceed $200,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively. Changers to these work orders that exceed those thresholds require prior BCC approval. NON -CCNA Work Orders: If the change exceeds 10% of the current BCC amount then BCC approval is required. If in doubt, contact your contract specialist. For more specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d. CURRENT COMPLETION DATE (S):ORIGINAL: Sept. 6, 2008 CURRENT: Sept. 6, 2008 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. This change order redistributes funds among the Schedule -of- Values (SOV). See attached proposed SOV JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The design/build project has advanced enough to understand where money will be spent for the remainder of the project. By re -distributing funds among the SOV they will be in the proper line item for accurate billing. PARTIES CONTACTED REGARDING THE CHANGE: IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or _Y Proposed change is consistent with the scope of the existing agreement N Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement The appropriate parties have been consulted regarding the change _N/A_ Proposed prices, fees and costs set forth in the change are reasonable PROJECT %PPROVE BY: REVIEWED BY: Revised 10.24.2006 This form is to be signed and dated. Date: 3177 ('� Date:3 ' D CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Randall Boulevard from Immoloilet Rd, to DeSoto BNd PROJECT #: B6¢ BIDIRFP #: 06-3919 MOD #: 1 PO#: 4500080596 WORK ORDER 0 �(A DEPARTMENT; Transportation Engineering & Construction Management CONTRACTORIFIRM NAME: AIM Enclineiefin0 & Surve rya. Inc Original Contract Amount: Currant BCC Approved Amount. Current Contract Amount: Change Amount: $589956.87 (Starting Point) $ 589.955.87 (Last Total Amount Approved by the BCC) $589955.87 (Including All Changes Prior To This Modification) $ 0.90 Revised ContracuWork Order Amount: $ 589, 955.87 (Including This Change Order) CumuWAvs Dollar Value of Changes to this Contract/Work Order: $ a_ Daft of Last BCC Approval February 28. 2006 Agenda Item # 16_8.7 Percentage of the change "oriunder current contract amount 0 Formula: (Revised Amount! Last BCC approved amount) -1 Agenda Item i1. 16E4 Ma 8, 2007 Page 9 of 27 Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount then BCC approval is required; equal to or less than 10% reported to BCC by the purchasing department CCNA Work Orders: For all work orders that exceed $200,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively. Changers to these work orders that exceed those thresholds require prior BCC approval. NONCCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval is required. If in doubt contact your contract specialist For more specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d. CURRENT COMPLETION DATE (S):ORIGINAL: October 25.2006 CURRENT: October 24, 2007 SUMMARY OF PROPOSED the changes. JUSTIFICATION FOR CHANGE (S): What value or benefit do the" ¢hang" provide to the PARTIES CONTACTED REGARDING THE CHANGE: Bob Poher, P.S.M. (AIM Engineerine & Surveyina. Inc.). Vanessa &Motley (Contracts Specialist). Dale Bathon. P. E. ( Ml STEPS (Verify each before proceeding with change using Y, N or WA) -)L Proposed change is consistent with the scope of the existing agreement N Proposed change is in fact an addition or deletion to the existing scope V Change is being Implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change to Proposed prices, fees and costs set font in the change are reasonable PROJECT MANAGER RECOMMENDATION: This form Is to be signed and dated. APPROV REVIEWI Revised 10.24.2006 kL i -3 Id r: alist Agenda Item No. 16E4 57 CONTRACTIWORK ORDER MODIFICATION May 3, 2007 CHECKLIST FORM Page 10 of 27 - PROJECT NAME: RATTLESNAKE HAMMOCK ROAD PROJECT it 60169 BIDIRFP M 05.3876 MOD #: 8 (elaht) __ POM4500054219 WORK ORDER #: DEPARTMENT: TECM CONTRACTOR/FIRM NAME: JOHN CARLO, INC. Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: $ 23,298.102.25 (Starting Point) $ 23.298.102.25 (Last Total Amount Approved by the BCC) $ 23.298.102.25 (Including All Changes Prior To This Modification) Change Amount: $ 0.00 Revised ContractfWork Order Amount: $ (Including This Change Order) R V ^� { �� Cumulative Dollar Value of Changes to this Contract/Work Order. $ 0 f .00 'S4 t s J 1 Date of Last BCC Approval 9113/2006 Agenda item # 10L Percentage of the change overlunder current contract amount 0.00 % Formula: (Revised Amount/ Last BCC approved amount )-1 Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required; equal to or less than 10% reported to BCC by the purchasing department CCNA Work Orders: For all work orders that exceed $200,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively. Changers to these work orders that exceed those thresholds require prior BCC approval. NON -CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval is required. If in doubt, contact your contract specialist. For more specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d. CURRENT COMPLETION DATE (S):ORIGINAL: 1/11108 CURRENT: 1/14108 as follows: Item # Item Description Unit Quantity Unit Price Amount CN -99403 Conflict Structure LS 1 $7,854.37 $7,854.37 JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The purpose of this change is to resolve a conflict with the force main installation at station 261 +60 offset 3' CIL construction right roadway. PARTIES CONTACTED REGARDING THE CHANGE: James Zuver Project Manager, Ronnie Hobbs, Proiect Manager John Carlo. Inc. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA) Y Proposed change is consistent with the scope of the existing agreement Revised 10.24.2006 Y Proposed change Is In fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: This form Is to be signed and dated. APPROVE BY: .�..� s-��� Date: 3 1-.3 O .-e ` u REVIEWED pate: 0 Contract Specialist C` J1 Revised 10.24.2006 Agenda Item No. 16E4 54 May 8, 2007 Page 11 of 27 Agenda Item No. 16E4 CONTRACT/WORK ORDER MODIFICATION May 8, 2007 CHECKLIST FORM Page 12 of 27 PROJECT NAME: Goodlette -Frank Road Widening PROJECT #: 60005 BID/RFP #: 05 -3851 MOD #: 6 PO #: 4500048619 WORK ORDER #: N.A. DEPARTMENT: Transportation Engineering and Construction Management CONTRACTORIFIRM NAME: John Carlo, Inc. Original Contract Amount: $ 15.800.000.00 (Starting Point) Current BCC Approved Amount: $ 15 800 000.00 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 15.499.950.00 (Including All Changes Prior To This Modffication) r� Change Amount: $ 0.00 Revised Contract/Work Order Amount: $ 15 499 950.00 (including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $ 300.050.00 Date of Last BCC Approval June 28.2005 Agenda Item # 10D Percentage of the change over /under current contract amount 9" —(A 0 % Formula (Revised Amount / Last BCC approved amount) -1 Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required; equal to or less than 10 116 reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that exceed $200,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively. Changers to these work orders that exceed those thresholds require prior BCC approval. NON -CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval is required. If in doubt, contact your contract specialist. For more specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d. CURRENT COMPLETION DATE (S):ORIGINAL: December 1. 2006 CURRENT: March 18. 2007 0 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. 1090- 139 -06 Added Irrigation sleeves (6 -) 3,920 LF• 1090-139-08 Deleted Irrigation sleeves (8 ") — 3,920 LF• 999 -022 Added conflict structure at 26`s Ave North, Added drainage structure modification at station 230+50• 999 -020 Relocate City 24" Re -use Main, Relocate City 16" Raw Water Main-, PA -1 Project Allocation Reduction. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? new /added items. PARTIES CONTACTED REGARDING THE CHANGE: IMPLEMENTATION STEPS (Verity each before proceeding with change using Y, N or NIA) Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change Is being Implemented in a manner consistent with the existing agreement Y_ The appropriate parties have been consulted regarding the change °roposed prices, fees and costs set forth in the change are reasonable ised 10.24.2006 PROJECT MANAGER R OM ENDATION: This form is to be w APPROVE BY: / / Date: 3 anag REVIEWED �; C n Tact Soacialict 10.24 .2006 Agenda Item No. 16E4 May 8, 2007 Page 13 of 27 Agenda Item No. 16E4 CONTRACTIWORK ORDER MODIFICATION May 8, 2007 Page 14 of 27 CHECKLIST FORM PROJECT NAME: Haldeman Creek Restoration Prolect PROJECT M 51011 BIDIRFP M 06 -3960 MOD M 4 POM 450006 759 WORK ORDER M NIA -t5a7d 73 5 DEPARTMENT: Stormwater Management CONTRACTO 1 AME: Energy Resources. Inc. Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: Change Amount: Revised ContractlWork Order Amount: $1 975.530.87 (Starting Point) $2 313 525.87 (Last Total Amount Approved by the BCC) $2,313,525.87 (Including All Changes Prior To This Modification) $0.00 $2,313,525.87 (Including This Change Order) Cumulative Dollar Value of Changes to this ContractlWork Order: $337.995.00 Date of Last BCC Approval November 14 2006 _ Agenda Item # 16F2 Percentage of the change overlunder current contract amount 0 % Formula: (Revised Amount I Last BCC approved amount }t Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required; equal to or less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that exceed $200,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively. Changers to these work orders that exceed those thresholds require prior BCC approval. NON -CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval is required. If in doubt, contact your contract specialist. For more specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d. CURRENT COMPLETION DATE (S):ORIGINAL: December 28, 2006 CURRENT: May 31, 2007 7 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Add 60 days to the current contract due tc encountering cap rock east and west of Bayshore Drive and mechanical failures. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Time extension due to encountering can rock slowing progress along with mechanical failures. PARTIES CONTACTED REGARDING THE CHANGE: Rhonda Cummings, Margaret Bishop, Gene Calvert, Pau Reinhardt IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA) • Proposed change is consistent with the scope of the existing agreement • Proposed change is in fact an addition or deletion to the existing scope • Change is being implemented in a manner consistent with the existing agreement • The appropriate parties have been consulted regarding the change • Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated. ,PPROVEE REVIEWED Revised 10. Agenda Item No. 16E4 s�l,paac�7_ b'�_ CONTRACTIWORK ORDER MODIFICATION �-" `�^ CHECKLIST FORM PROJECT NAME:U$Q.E<VE4Qo.J Cbe2lbae S-WtH PROJECT#: 60 6$ BID/RFP # :0'i 368' MOD #: I PO#: gS0oo4,a i31 WORK ORDER #: DEPARTMENT: '�2/�tJSPO1tTRatotil 11�4,J,J1t�(, Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: Change Amount: Revised Contract/Work Order Amount: S — 5-q 9 Ss $ (Starting Point) s 5`19_ SJ B (Last Total Arrount Approved bythe BCC) $ 599, SS's (including All Changes Prior To This Modification) S _ei s 599 S5� (Including 's Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: S i(T Date of Last BCC Approval I I I I ?.W5 Agenda Item # ! (c -B -11 Percentage of the change over /under current contract amount O % Formula: (Current Amount / Last BCC approved amount )-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4. CURRENT COMPLETION DATE (S):ORIGINAL: S 1 z ZoDi, CURRENT: 5'I i I Z007 SUMMARY Of PROPOSED CHANGE (S): Identify the changes. W*LN/SIS I t *( .935 -CO) iA Col _T . Ab7) rri,. J.M_ w1- ,.,, SUS- WA) SULT.wa -r ReUUCTl0,.1 It.) Gec>TEC"ICAL tt aevc — V /8, 000 00, JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the THIS eRA04E Ok-WZ atD ►]t CWiw)f.ETk£ An.x!?A AAA e -'Nv,nsr i.:csa e rra ' 1-t6u> T74 Cot.tE-jtrrurJ -17KOW OZ012 a To F�viryf- v P � W A4,Y r Ia Fau►n tw,J -To -Txe SCG PRIoe -T10 P F c PARTIES CONTACTED REGARDING THE CHANGE: UZM H t LL0 CbtLt Ee cotfim 11?1 4AWT,g7ZDJ, RACIE E.jGu4cEer.3G, PraK7vtt- F.JG)vE�er.dG. I'LEMENTATION STEPS (Verify each before proceeding with change using Y, N or N /A) Proposed change is consistent with the scope of the existing agreement Proposed change is in fact an addition or deletion to the existing scope Change is being implemented in a manner consistent with the existing agreement The appropriate parties have been consulted regarding the change Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAG RE MM AT[ :This form is to be signed and dated. APPROVE BY: Date: Pro t 1ana REVIEWED BY: r ,' Date: a� a t act Specialist Revised 4/25/2005 Agenda Item No. 16174 CONTRACT/WORK ORDER MODIFICATION May 8, 2007 CHECKLIST FORM Page 16 of 27 --- PROJECT NAME: Installation of an Aviation Fuel Tank Storage System at Marco Island PROJECT #: 46020 BID/RFP #: 06 -3964 MOD #: 1 PO#: 4500067160 Original Contract Amount: Current BCC Approved Amount: Current Contract Amount; Change Amount: Revised Contract/Work Order Amount: IVW IRl I wrVrIm"I FU01 IVUI H16. $ _290,000.00 (Starting Point) $_290,000.00 (Last Total Amount Approved by the BCC) $_290,000.00 (Including All Changes Prior To This Modification) $ -0- $______n0'000.00 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $-----.-0- 2006 Agenda Item # VII Percentage of the change over /under current contract amount -0- % Formula: (Revised Amount / Last BCC approved amount }1 Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required; equal to or less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that exceed $200,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing ) epartment to the BCC administratively. Changers to these work orders that exceed those thresholds require prior BCC .upproval. NON -CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval is required. If in doubt, contact your contract specialist. For more specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d. CURRENT COMPLETION DATE (S):ORIGINAL: April 10, 2007 CURRENT: July 8, 2007 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. 90 day extension of project completion. Original substantial completion date was March 10, 2007 with completion date of April 10, 2007. Proposed substantial completion date is June 8, 2007 with completion date of July 8, 2007. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Contractor encountered un- anticipated permitting delays and will be required to modify design /installation of final project component (mogas /diesel fuel tanks). Please see attached letter from Neal Edgington Vice President, Fuel Tech. Inc. dated March 10, 2007. Staff also intends to seek additional FDOT supplemental grant funding to add safety /security enhancements to the project. This process will require the approval of FDOT, Collier County Airport Authority, Collier County BCC. PARTIES CONTACTED REGARDING THE CHANGE: Neal Edgington.Fuel Tech Inc.. Lyn Wood, Collier County Purchasing Theresa Cook. Executive Director Collier County Airport Authority, IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N /A) Y Proposed change is consistent with the scope of the existing agreement N Proposed change is in fact an addition or deletion to the existing scrape Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees ancj-costs set forth in the change are reasonable — ROJECT APPROVE BY:, REVIEWED BY: Revised 10.24.2006 form is to be signed d dated. Date: O ZO�co Date: I CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Vanderbilt Beach Road CR 862 PROJECT #: 63051 BID /RFP #: 04 -3675 MOD #: 14 PO #: 4500031427 WORK ORDER DEPARTMENT: T.E.C.M Agenda Item No. 16E4 May 8, 2007 (� Page 17 of 27 Original Contract Amount: $ 37.60491053 ' (Starting Point) OU iv Current BCC Approved Amount $ 37,956.820.38 - - - . (Last Total Amount Approved by the BCC) Current Contract Amount: $ 37,956,820.38 (Including All Changes Prior To This Modification) Change Amount: $ 0 t � ' "Is Y) Revised. Contract/Work Order Amount: S 37,956,82038 14 (including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: S 351,909.85 Date of Last BCC Approval 7/27/04 Agenda Item # 10H Percentage of the change overfunder current contract amount Formula: (Revised Amount / Last BCC approved amount) -1 Results and Actions: Contracts: If the flange exceeds 10% of the current BCC amount, than BCC approval is required; equal to or less then 10% reported to BCC by the purchasing department CCNA Work Orders: For all work orders that exceed $90,000 where the flange does not exoaed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively. changers to these work orders that exceed those thresholds require prior BCC approval. NON -CCNA Work Orders: If the flange exceeds 10% d the currant BCC amount, then BCC approval is required. tin doubt, tooted your ca,had spedelisL For more specific information regarding work order threrhdds, please refer to the Procurement Administration Procedures, Section IV.3.d. CURRENT COMPLETION DATE (S):ORIGINAL: November 24.2007 CURRENT: March 6.2008 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. 1. The plans indicate the following: Pipe PVC 4" PR 165 (F &I) - 194.4 LF, Valve Plug 4"- 1 EA, Air Release Assembly (Sewer 4 ") -1 EA, Box Culvert Crossing 4"- 1 EA to be constructed at Sta. 428 +20 Lt. Pay item's for the 4" PVC work was not included in the bid documents. This change will increase the contract by $33,673.95. The Contract was itemized to use a FM -20 (Box culver crossing 16 ") which will not be used for a decrease of $30,600.00. The balance for this change Is $ 3,073.95 with contract days to be determined. 2. The plans indicated brick pavers' locations; CH2M Hill has provided the computation sheets with quantities as shown in the plans. The quantities are a decrease from the original contract bid amount This Change Order will adjust the unit price and quantities for the contract by decreasing the monies by $ 81,763.75. 3. The Street Light foundations in the contact are T deep, with the new and existing utilities this foundation was not always feasible to use. At 8 locations, spread footers are to be used which are not as deep. The total cost for these 8 spread footers is $41,897.76, with contract days added to be determined. 4. With the extension to the Contract time additional Maintenance of Traffic is required. The increase of $29,316.07 will allow the contractor the monies to maintain traffic for 103 additional days to the contract. Total amount for this Change Order is JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? All changes listed are needed for the Vanderbilt Beach Road widening project. The total amount for this Change Order utilizing the allocated funds is <$7,475.97> with 0 days added to the contract. Revised 3/29106 2 Agenda Item No. 16E4 May 8, 2007 /0 1. By adding the C FM items in to the contraci this wig allow the contactor to build per the plane. Page 18 of 27 Q 2. Ttds is a savings to the County by from i he original bid quantity of brick to actual quantity. _ 3 The spread footers will aibw the sheet lights to be installed over the utilities and storm drain fines. 4. The additional MOT will compensate the ConhacWr for the added days to the oontrua PARTIES CONTACTED REGARDING THE CHANGE: IMPLEMENTATION STEPS (Verlry each before Proceeding with champs using Y, N or WA) N Proposed change is consistent with the scope of the exds&V agreement Y Proposed change is in fad an addition or deletion to the existing scope _)L Charge is being implemented in a marmer consistent with the existing agreement Y The appropriate pardes have been consulted regarding the charge Y Proposed prices, fees and costs set forth in the charge are reasonable PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated. APPROVE BY: o.� —� Date: 3 22 O an / REVIEWED BY: Date: Con d Specialist Revised 3129106 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Revised Agenda Item No. 16E4 May 8, 2007 Page 19 of 27 PROJECT NAME: Golden Gate Grade Separated Overpass PROJECT M 60006 BID /RFP #: 04.3653 MOD #: O#: WORK ORDER #: DEPARTMENT: T.E.C.M. CCONTRACTOR/FIRM NAME: MCM Original Contract Amount. Current BCC Approved Amount: Current Contract Amount: Change Amount: Revised Coutract(Work Order Amount: S 35.397J85.35 (Starting Point) S 37.951,482.80 (Last Total Amount Approved by the BCC) $ 37,957,993.42 (Including All Changcs Prior To This Modification) S 389.04853 S 38,347,041.95 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $ 2,949.656.60 Date of Last BCC Approval June 201'. 2006 Agenda Item # 10 (h) Percentage of the change over /under current contract amount 1.04% Formula: (Revised Amount / Last BCC approved amount) -1 Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required; equal to or less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that exceed $200, 00.00 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively. Changers to these work orders that exceed those thresholds require prior BCC approval. NON -CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval is required. If in doubt, contact your contract specialist. For more specific information regarding work order thresholds, please referto the Procurement Administration Procedures, Section IV.3.d. CURRENT COMPLETION DATES: ORIGINAL: Seotember26th, 2006 CURRENT: Junel6th, 2007 SUMMARY OF PROPOSED CHANGE (S): To create contract pay items for the following unforeseen work and to add one contract day due to rain. To correct change order #14, the completion date listed on change order #14 was correct, the days listed to be added were in error, 20 days were added not 13. A) Subsoil excavation will be used to remove unsuitable material from the proposed road bed. B) The City of Naples 24" water main was in conflict with new construction and needed to be cut and capped. C) Light pole spread footings are needed to resolve conflicts with utilities. Fuel adjustments are to be paid for the rising cost of fuel as per specifications. D) Collier Counties interconnect cable had to be move, it was in conflict with the piles for the bridge. E) Drainage structure had to be modified; it was in conflict with the light pole pilasters. F) The installation of City of Naples 36" water main had to be redesigned due to unforeseen conditions. Construction price for i new installation cost more due to different materials. G) Pay item Mobilization Alternative was created as au incentive to have the bridge open to traffic by February 5, 2007. This did not happen and will not be used. Money to be transferred to other needed items. Agenda Item No. 16E4 / May 8, 2007 Page. 20 of 27 JUSTIFICATION FOR CHANGE (S): Adding these pay items will create a way to pay the contractor for unforeseen work. Work needed to complete the project Correct days added to contract in change order #14. PARTIES CONTACTED REGARDING THE CHANGE: James Zuver, Enoineerina Inspector /Proiect Manoer IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N(A) Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated. APPROVE BY: n�g . IZ. c� t Date: o y � Manager REVIEWED BY: Date: Co l / Revised 10.24.2006 CONTRACTIWORK ORDER MODIFICATION Agenda Item No. 16E4 CHECKLIST FORM May 8, 2007 I Page 21 of 27 PROJECT NAME: NAr s: Gohh. ?A(LIL- 1� PROJECT# 000'Z2 BIDIRFP #: O 7&Z9&OD #; _�_PO#: Y 5'7:5-t3 WORK ORDER #: DEPARTMENT: I� S t'l . CONTRACTOR/FIRM NAME: �tZArD4tJP1.EF" n IG , Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: Change Amount: Revised Con acts ork ", ar Amount: (Starting Point) (Lasf Total Amount Approved by the BCC) (Inciudng.411 Chas Prior To This Modification) Lin (Including This Change Order) L L Cumulative Dollar Value of Chances to this ContractPrJork Order, . S_ 3�f0 Date of Last BCC Approval A. 17— o.S Agenda Item # Percentage of the change overlunder current contract amount —0 • % Formula: (Revised Amount / Last BCC approved amount) -1 Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required; equal to or less than 10% reported to BCC by the purchasing department CCNA Work Orders: For all work orders that exceed $200,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively. Changers to these work orders that exceed those thresholds require prior BCC approval. NON -CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval is required. if in doubt, contact your contract specialist. For more specific information regarding wort; order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d. CURRENT COMPLETION DATE (S):ORIGINA -: 06, 11D. CJ 0 CURRENT: O� . a• C CHANGE (S): Iden# the changes. Go t Vc 2E (iz -zf> tra o�►� M� n t- c k 4f4rICr�/ �oot2 E Irz A W RPi fZ[ sl`Fzoatl "Hr�s/ 6iZ What %aVue or benefit do these changes provide to the,Rroject? TD BQca lDOi THE CHANGE: L A- t�?wE;;:51 n =rvmcn Iwuumi s I trS (verity each before proceeding with change using Y, N or NIA) Proposed change is consistent with the scope of the existing agreement Proposed change is in fad an addition or deletion to the existing scope Change is being implemented in a manner consistent with the existing agreement The appropriate parties have been consulted regarding the change Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER REC • ENDATION: This form is to be signed and dated. APPROVE BY: Date: n REVIEWS Date: `-Y O Z m S U 2 v O R 2 O 2 t rnt d C i C a V 6 m R� LL J O r O n LL r m N m a o N E T N c 0 0 0 LL m p � m R C O x v R 0 d N L N a n U m C: C o n 0 UJ L �a U c o N � ; N D g m E� N N IL C d (0 0=0 e O Y V E; co c O r Q T O w ro RI of N v R $ p o N O Q O d L Y E d p Q Ol T a y S v c a o p 00 C E N a � Y � o N N )p m O o 0 Q ° o� V � � V m � w a � v U p o a v E O o 0 a o � � o O O e E m _ 00.9 w m m c Q ON � O Z m S U 2 v O R 2 O 2 t rnt d C i C a V 6 m R� LL J O r O n LL r m N m a o N E T N c 0 0 0 LL m p � m R C O x v R 0 d N L N a n U m C: E Z m v m v 0 1°0 b °o N 0 m w a Z 0 w m R� LL J O O m o m U Y O O C N m C O N O � C 2 6 a r ' 0 N N d Yvf UfALL 0 0 0 0 °o °o °o °o h w 0 w a Z 0 0 0 v CC UQ� a J N o � 3 m 0: o o R o - o C N N > W U m 9 Y 3 °r�mE d'mUa K 2 o 0 m C RI C RI Ri D g E Z m v m v 0 1°0 b °o N 0 m w a Z 0 w m R� LL J O O m o m U Y O O C N m C O N O � C 2 6 a r ' 0 N N d Yvf UfALL 0 0 0 0 °o °o °o °o h w 0 w a Z 0 0 0 v CC UQ� a J N o � 3 m 0: o o R o - o C N N > W U m 9 Y 3 °r�mE d'mUa K 2 C u 0 d > O e o a m C RI C RI Ri L m 0 e N v O n E ro of N C tp O N O m C u 0 d > O e o a m of Ri m 0 e N v O n E ro of N C tp T _O O o T � ° 0 � o N N )p 0 N N ° d � V m O o 0 a o 0 0 O R O N mt0 ON R O m N N M w E E 0 U m to ° o 0 Nn w `m w 0 u o y a d a o Z a Z ° R v S m v 3 m O o r m ° 0 n E u a o � c c O � E U v v E m o m v m � a` v m R C m V y U N m E C v m O� L m O > C p O U ti W O O N O ° 0 m 0 y N E N O LLp M M R x > xo O r Uo O v N r a C `m E Y o 0 C p C m O CO N w 2 v w u d - > ° `o p v w o U L O d 0 C m 0 d O = _NO ° R ` S O°iU �O h j UuNiUZ 10- -0O v `o N N Y p a G N C 3 o u v o o v 0 a Agenda Item No. 16E4 May 8, 2007 Page 23 of 27 CONTRACTM/ORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Bulldlno It 3`a Floor Renorvations PROJECT #: 52525 BID/RFPY: 08.3971 MOD 0: 1 PON:4500074856 WORK ORDER #: PMFY- 3971 -07.02 DEPARTMENT: Facilities Management CONTRACTOR/FIRM NAME: Professional Building Systems Original Contract Amount Current BCC Approved Amount Current Contract Amount Change Amount: Revised Contract/work Order Amount: s 169,900.00 (starting Point) s 159,900.00 (Last Total Amount Approved by the BCC) $ 189,900.00 (including All Changes Prior To This Modification) $ 1,152.00 $ 191,052.00 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order. $1,152.00 Date of Last BCC Approval 12/12/06 Item # 16 E 8 Percentage of the change overfunder current contract amount 0.61% Formula: (Revised Amount / Last BCC approved amount )-1 Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required; equal to or less than 10% reported to BCC by the purchasing department CCNA Work Orders: For all work orders that exceed $200,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively. Changers to these work orders that exceed those thresholds require prior BCC approval. NON -CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval is required. If in doubt, contact your contract specialist For more specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d. CURRENT COMPLETION DATE (S):ORIGINAL: CURRENT: SUMMARY OF PROPOSED CHANGE (S): The existing 2x4 light futures located in the renovated space of Building H do not contain a sufficient amount of ballast to complete the project m specified. The Existing lights share 3 ballasts between two futures where there should be four ballast, two operating separately on each fixture. The Electrician has informed project manager that this is illegal and in order to operate the light fixtures with two switches, 12 additional ballast need to be installed. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Required by code. PARTIES CONTACTED REGARDING THE CHANGE: Ron Hovell, Skip Camp IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA) X Proposed change is consistent with the scope of the existing agreement _X Proposed change is in fad an addition or deletion to the existing scope _X Change is being Implemented in a manner consistent with the existing agreement X The appropriate parties have been consulted regarding the change X_ Proposed prices, fees and costs set forth in the change are reasonable PROJECT APPROVE REVIEWED Revised 10.24.2006 This form is to be signed and dated. r� Agenda Item No. 16E4 May 8, 2007 0� Page 24 of 27 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Sheriffs Special Ops FP &L Conduit Installation PROJECT #: 52002 BID/RFP #: 04 -3535 MOD M 1 PO#: 4500077613 WORK ORDER M KC- FT- 3535-07 -01 DEPARTMENT: Facilities Management CONTRACTORIFIRM NAME: Kyle Construction, Ina Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: Change Amount: Revised Couti act(Work Order Amount: $ 24,960.00 (Starting Point) $ 0.00 (Last Total Amount Approved by the BCC) $24,960.00 (including All Changes Prior To This Modification) $1,200.00 $ 26,160.00 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $1,200.00 Date of Last BCC Approval NIA Agenda Item # N/A Percentage of the change over /under current contract amount 4.81% Formula: (Revised Amount / Last BCC approved amount) -t Results and Acdons: Contracts: If the change exceeds 10% of the eunent BCC amoun4 than BCC approval is required; equal to or lass than 10% reported to BCC by the purchasing department CCNA Work Orders: For all work orders that exceed $90,000 where the change does not exceed 10% or $10.000, these changes are reported by the Purchasing Department to the BCC administratively- Changers to these work orders that exceed those thresholds require prior BCC approval. NON -CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval is required. If In doubt contact your contract specialist For more specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d. CURRENT COMPLETION DATE (S):ORIGINAL: 4/8/07 CURRENT: 418107 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Reinstall the temporary construction fence along Patriot Way, JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Site security must be maintained at all time on the Naples Airport project site. PARTIES CONTACTED REGARDING THE CHANGE: Lyn Wood, Blake Thomas, Brian Loney IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA) Y Proposed change is consistent With the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT APPROVE BY: G Ron REVIEWED BY: Lyn' Revised 3/29/06 This form is to be signed and dratted. Date: 3 0/ Date: �; D7 CONTRACT/WORK ORDER MO CHECKLIST FORM PROJECT NAME: Immokales Road Agenda Item No. 16E4 May 8, 2007 Page 25 of 27 PROJECT #: 66042 BID/RFP #: 03 -3462 MOD #: No. 2 PO#:_4500036997 WORK ORDER #: RWA — PL-2005-1 DEPARTMENT:_ Transportation CONTRACTOR/FIRM NAME: RWA Consultlna, Inc. Original Contract Amount: $ _10.000 _ (Starting Point) Current BCC Approved Amount: $- W (Last Total Amount Approved by the BCC) Current Contract Amount: $ 20.500 (Including All Changes Prior To This Modification) Change Amount: $ 3,500 Revised Contract/Work Order Amount: $ 24.000 (Including This Change Order) ,RECEIVED Cumulative Dollar Value of Changes to this Contract/Work Order: S - -8368— 14 00— ,- ,( rl 7 [ui11 -- ^rr• - -•� �+yan�a nmo n ivor Services Division Percentage of the change over /under current contract amount 1J % / * 7O Formula: (Revised Amount/ Last BCC approved amount) -1 Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required; equal to or less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that exceed $200,000 where the change does not exceed 100% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively. Changers to these work orders that exceed those thresholds require prior BCC approval. NON -CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval is required. If in doubt, contact your contract specialist. For more specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d. CURRENT COMPLETION DATE (S):ORIGINAL: N/A CURRENT: N/A SUMMARY OF PROPOSED CHANGE is): Identity the changes Increase funding for task II relating to the processing of a variance application. JUSTIFICATION FOR CHANGE (S): PARTIES CONTACTED REGARDING THE CHANGE: IMPLEMENTATION STEPS (Verity each before proceeding with change using Y, N or WA) Y Proposed change is consistent with the scope of the existing agreement N Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER APPROVE BY: REVIEWED Revised 10.24.2006 This form Is to be signed and dated. Date: �ttorrtey f ` 7 %d Date: '7 CONTRACTIWORK ORDER MODIFICATION Agenda Item No. 16E4 4 CHECKLIST FORM May 8, 2007 Page 26 of 27 PROJECT NAME: Marco South Construction Observation PROJECT#: 905001 BID/RFP # 063902 MOD #1 3 PO#: 4500085608 WORK ORDER #: HM- FT3902 -06-03 DEPARTMENT: Coastal Zone Management . CONTRACTORIFIRM NAME: Humiiston 3 Moore Engineers Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: Change Amount: Revised Contract/Work Order Amount: $ 79.161.00 (Starting Point) $ NIA (Last Total Amount Approved by the BCC) $ 93.681.00 (Including All Changes Prior To This Modification) $ 8.830.00 $102.511.00 (Including This Change Order) Cumulative Dollar Value of Changes to this ContractlWork Order: $23,350.00 Date of Last BCC Approval N/A Agenda Item # N/A Percentage of the change over /under current contract amountL 29.5 °k Formula: (Revised Amount I Last BCC approved amount)-1 Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required; equal to or less than 10% reported to BCC by the purchasing department CCNA Work Orders: For all work orders that exceed $200,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively. Changers to these work orders that exceed those thresholds require prior BCC approval. NON -CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval is required. If in doubt, contact your contract specialist For more specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d. CURRENT COMPLETION DATE (S):ORIGINAL: 2120106 CURRENT: 4/21/07 JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project ? Adjustment in tasks required for completion of proiect in fiscal year 2006 -2007 PARTIES CONTACTED REGARDING THE CHANGE: Linda Best Gary McAloin IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA) Proposed change is consistent with the scope of the existing agreement Y_ Proposed change is in fact an addition or deletion to the existing scope Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change _Y_ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION I \PPROVE BY: IV4s,. (I'/l`41bA-.1 Revised 1 This form Is to be signed and dated. Date: Date: 3 A? CONTRACT/WORK ORDER MODIFICATION CHECKLSTFORM PROJECT NAME: Naples Ja0 & Renovations PROJECT #: 52005 BID/RFP #. 01 -3 991MOD S: t POM: 4500059855 WORK ORDER 0: CHM -FT- 3291 -0843 DEPARTMENT: Facilities Management CONTRACTORIFIRM NAME: CH2MHill Original Contract Amount: Current BCC Approved Amount Current Contract Amount: Change Amount: Revised Contract/Work Order Amount: $ 32,050.00 (Starting Point) $ NIA (Last Total Amount Approved by the BCC) $ 32,050.00 (Including All Changes Prior To This Modification) $ 2,200.00 $ 34,250.00 (including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order. 0 s,260,00 r>2 Date of Last BCC Approval NIA Agenda Item # NIA Percentage of the change ovedunder current contract amount 6.86% Formula: (Revised Amount / Last BCC approved amount }1 Agenda Item No. 16E4 May 8, 2007 Page 27 of 27 Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required; equal to or less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that exceed $200,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively. Changers to these work orders that exceed those thresholds require prior BCC approval. NON -CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval is required. If In doubt, contact your contract specialist For more specific Information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d. CURRENT COMPLETION DATE (S):ORIGINAL: July 1,2005 CURRENT: July 1, 2007 SUMMARY OF PROPOSED CHANGE (S): Additional Serviocs for switchgear replacement Also adding 60 days, to the contract time. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Work can be completed and project dosed out. PARTIES CONTACTED REGARDING THE CHANGE: Ron Hovell, Skip Camp, Lyn Wood IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA) X Proposed change is consistent with the scope of the existing agreement X Proposed charge is in fad an addition or deletion to the existing scope X_ Change is being implemented in a manner consistent with the existing agreement _X The appropriate parties have been consulted regarding the change _X_ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER R O �MENDATIO • This form Is to be signed and dated. APPROVE BY: Date: P o Man r [� REVIEWED BY r G Date: C , t Specialist Revised 10.24.2006 Agenda Item No. 16115 May 8, 2007 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to approve conveyance of Easements to Florida Power & Light Company, Comcast and Embarq for providing utility services to the expansion of the Golden Gate Library at 2432 Lucerne Road, at a cost not to exceed $55.50, Project 54261 -1. OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) to approve conveyance of easements for the provision of electric service, cable /internet service and telephone service for the expansion of the Golden Gate Library. CONSIDERATION: The Board, at their November 28, 2006 meeting, approved Agenda Item 17E authorizing the vacation of the County's and the Public's interest in the 46 -foot wide strip of Lucerne Road Right -of -Way immediately to the northwest of the Golden Gate Library, and at their December 12, 2006 meeting approved the expansion of the Golden Gate Library, which requires new public utilities. Library expansion construction is underway and the attached three Easements to Florida Power & Light Company (FP &L), Comcast and Embarq are for the installation of electric, cable /internet and telephone facilities, respectively, to service the Golden Gate Library. The easement area, which is the same for each of the three utility companies, measures 10 feet in width and comprises a total of 4211.0 square feet, more or less, and is shown and described on Exhibit "A" to the Easements. The County will not be compensated because the Easements are a requirement for FP &L, Comcast and Embarq to provide utilities to the Facility. A location map is attached for reference The Easement documents have been reviewed and approved by the Facilities Management Department and the County Attorney's Office. FISCAL IMPACT: The total cost will not exceed $55.50 for recording the three (3) Easements. Funds in the amount of $55.50 are available in the budget under Project 54261 -1. GROWTH MANAGEMENT IMPACT: Golden Gate Library is inventoried in the Collier County Growth Management Plan. RECOMMENDATION: That the Board of Collier County Commissioners approves the attached Easements and authorizes the Board to execute the Easements; and also that the Board directs the County Manager or his designee to proceed to follow all appropriate closing procedures and to record the Easements in the Public Records of Collier County, Florida. PREPARED BY: Sue Jim Zimmerman, Property Acquisition Specialist; Real Estate Services, Department of Facilities Management Page I of I Agenda Item No. 16E5 May 8, 2007 Page 2 of 9 file://C :AAeendaTestAF.xnorD92- Mav %20R ar2020fY7 -/.?n0C0NAPNTeW0AGANDAAI6P 50/7007 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 16E5 d Item Summary: Recommendation to approve conveyance of Easements to Florida Power & Light Company, Contrast and EmOarg for providing utility services to the expansion of the Golden Gate Library at 2432 Lucerne Road at a cost not to exceed S55 50 Project 54261 -1. Meeting Date: 5/8/2007 9 00.00 AM Prepared By Sue Zimmerman Property Acquisition Specialist Date Administrative Services Facilities Management 412612007 2:30:53 PM Approved By Toni A. Mott Real Property Supervisor Data Administrative Services Facilities Management 4126120074'. 11 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 4126120074:21 PM Approved By OMB Coordinator Atlministrative Assistant Date County Manager's Office Office of Management & Budget 412712007 9:35 AM Approved By Susan Ustrer Senior Managem.mbBUd,et Analyst Date County Manager's Office Office of Management & Budget 41301200710:39 AM Approved By Michael Smykowsai Management & Burnet Director Date County Managers Office Officeof Management & Budget 4130120073.56 PM Approved By James V_Mudd County Manager Date Board of County Commissioners County Manager's Office 413012007 5:31 PM file://C :AAeendaTestAF.xnorD92- Mav %20R ar2020fY7 -/.?n0C0NAPNTeW0AGANDAAI6P 50/7007 Jennifer A.r Belpe�n Item No. 16E5 8, 2007 offlcg 3301 t the County q"orne�"age 3 of 9 3301 East Trial Trail Naples, Florida 34112 (239) 774 -8400 EASEMENT Work Order No. 2607046 Prepared By: Sec. 21, Twp.49S, Rge.26E Name: Co. Name: Jeff Bryant FPLiCo. Parcel No.: 36110040005 Address: 4109 S.W. 15" Ave. (Maintained by Property Appraiser) Naps, Fl. 34116 Form 3722 -A (Stocked) Rev.7 /94 The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its licensees, agents, successors, and assigns, an easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant $equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enbrge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement 10 feet in width, described as follows: An FP &L Company easement more particularly described on Exhibit "A" attached hereto and made a part hereof. Said legal description and sketch prepared by George W.Hackney, P.S.M. of Agnoli, Barber & Brundage, Inc. Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said premises at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; to trim and cut and keep trimmed and cut all dead, weak, leading or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, it at all, the rights hereinabove granted on the land heretofore described, over, along, under and across the roads, str6ets or highways adjoining or through said property. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on this day of , 2007. Board of County Commissioners Collier County, Florida By: James Colette, Chairman 3301 Tamiami Trail East Naples, Florida 34112 Attest: Dwight E. Brock, Clerk 3301 Tamiami Trial East Naples, Florida 34112 Approved as to form and legal sufficiency: \ r 4�R Sc Jennde Belpedio, A I nt ountyAttorney FGG Library \ML Easemcns _Q� `1 yu a� Xn r m U, 0 v m m � m Ewa m c m m _0 I toT•age V 1ISIHXR O O O w z M► rn z ~I �Oh QviY ao `) QRjm O Om Z3 N4 J W IL CL O W 2 O �O 2 C)3 W WW O IZ-ZU Q Z Z V) um O/ ffi� a o >• ■...9 b. TNT ......... V L081710E ,LN�PdSY3 Q357d8fl O W y w ° o We� o ^� PW4 G vi ma0¢I � 11 O�UU ZI €g c z � zma OU Z� a IL a °zi O O w � 11 II U�� 2W p U d� C 1 fYQU ry H Y ui 8 O a n O O O w z M► rn z ~I �Oh QviY ao `) QRjm O Om Z3 N4 J W IL CL O W 2 O �O 2 C)3 W WW O IZ-ZU Q Z Z V) um O/ ffi� a eaa^ key t 1, E 0 di e1 p. V ds] I � o >• ■...9 b. TNT ......... V L081710E ,LN�PdSY3 Q357d8fl o o�a� Z Mo PW4 G vi ma0¢I eaa^ key t 1, E 0 di e1 p. V ds] I � o >• ■...9 b. �p U ......... V L081710E ,LN�PdSY3 Q357d8fl 1,04 ,WW ry IA N YI pOp � M V nnh inW2 mb N,�Yh j��i2 \ 33WW a Ago oq 222z �nm�m P M M T ^ a�nm o do{ Pin m U U U U Project: GOLDEN GATE LIBRARY EXPANSION, No. 542611 CI 'mParold enda Item No. 1 Folio NO.: 36110040005 OH r'- Ot S. Belped o, Eaqulre May 8, ^me Count, Ay Page b 33L" ersI Tamiami T,,. nay Napife, Florida 341121 (288) 774.8400 GRANT OF UTILITY EASEMENT This indenture made and executed this _ day of , 2007, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as GRANTOR and EMBARO FLORIDA, INC., a Florida corporation, whose mailing address is 600 New Century Parkway, KSNCAA0133- RETA600, New Century, Kansas 66031, hereinafter referred to as GRANTEE. WITNESSETH That for and in consideration of the sum of Ten Dollars ($10.00) an4 other good and valuable consideration, receipt of which is hereby acknowledged, the GRANTOR hereby grants to GRANTEE, its successors or assigns, a non - exclusive easement for the installation of utility facilities on the property more particularly described on Exhibit "A" attached hereto and made a part hereof, hereinafter referred to as Easement Property. TO HAVE AND TO HOLD the easement hereby granted unto said GRANTEE, its successors and assigns, for the sole purpose of installing a cross - conned dabinet to provide data transmission services to County facilities. GRANTEE, by acceptance of this easement agrees for itself, its successors and assigns, to maintain said easement and in no way to interfere with or hinder at any time access to the Easement Property or adjacent lands by GRANTOR, the general public, or any other party requiring access to any of the property over which said easement is granted. GRANTEE further agrees that it will at all times use extreme care to restore all grounds to as good or better condition than found prior to any construction, installation, maintenanbe or repair work performed by GRANTEE, or its agents, contractors, successors or assigns. In the event GRANTEE, its successors or assigns, shall fail to use this easement for the purpose of providing data transmission service to the County, this Utilityl Easement shall automatically terminate and the GRANTEE, its successors or assigns, shall vacate, cancel and annul said easement or relevant part thereof by recording in the Public Records an instrument evidencing said cancellation. GRANTOR, its successors or assigns, shall upon said vacation, have the right to require GRANTEE, its successors or assigns, to remove any structures, facilities or improvements from Easement property. GRANTEE hereby covenants and agrees to indemnify, save, protect and hold harmless GRANTOR against any loss, damage, injury, debt or expense (including attorney's fees) claimed or asserted by any person or entity, which claim relates to in any way, no matter how remote, or arises out of GRANTEE'S installation of facilities or use of the Easement Property described above. IN WITNESS WHEREOF the GRANTOR has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman of said Board, the day and year first above written. ATTEST: DWIGHT E. BROCK , Deputy Clerk Approved as to form and legal sufficiency: JenRNer A. Belpedi , Assistant County Art ney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES COLETTA, Chair lrlan �Od to q�� �r a) CPO O D) End N o a z rb Y' �g< ffi�5�i8� �I��b Y z UU� pppp I Whyu o w '=' O is R h z � ab W W KQ OmC Q o m? 3 J O O WN� O U dp d LL mQU o p o � d a °o O W, €�� z W rn n F o v a A-!- €�� z W rn n F o v l o A-!- g y u `° ' m c Lizuin b \. LOUNOC LN3H3sva a3SLM \ °, Oowz � a °z�SR ° O 1 bbtl V VRFgagI I N OF'CV W W W C tlG'tl� § aa� U�pui °bass �i � m a�� 8 Lizuin \. LOUNOC LN3H3sva a3SLM \ O •\ \ W W W F n O z wm sae • M vI tV "] O p LO QviY ��UO 33WW p m J 3 b N h 0 o �¢ CL QO s °n °nm O p W Z 10 O p : U 2 2U Q_ Q co, 0 O un 2 v Y J m �ZU lie WW CL °uca i oh o POj Cj Project: GOLDEN GATE LIBRARV EXPANSION, No. 542e11 Preper,i, U da Item No. 16E5 Folio No.: 38110090005 Jenniter A. Belpedlo, Es IMay 8, 2007 Ottlee of the County horn gage 7 of 9 33d1 East Tamis Trail Naples, Floritle 34112 40 y(239) 774 -80 GRANT OF UTILITY EASEMENT This indenture made and executed this _ day of 2007, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as GRANTOR and COMCAST CABLE COMMUNICATIONS, whose moiling address is 26102 Bonita Grande Drive, Bonita Springs, Florida 34134, hereinafted referred to as GRANTEE. WITNESSEfH That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the GRANTOR hereby grants to GRANTEE, its successors or assigns, a non - exclusive easement for the installation of utility facilities on the property more particularly described on Exhibit "A' attached hbreto and made a part hereof, hereinafter referred to as Easement Property. j TO HAVE AND TO HOLD the easement hereby granted unto saip GRANTEE, its successors and assigns, for the sole purpose of installing a cross - connect dabinet to provide data transmission services to County facilities. GRANTEE, by acceptance of this easement agrees for itself, its successors and assigns, to maintain said easement and in no way to interfere with or hinder at any tijne access to the Easement Property or adjacent lands by GRANTOR, the general public, of any other party requiring access to any of the property over which said easement is granted. GRANTEE further agrees that it will at all times use extreme care to restore all grounbs to as good or better condition than found prior to any construction, installation, maintenanke or repair work performed by GRANTEE, or its agents, contractors, successors or assigns. In the event GRANTEE, its successors or assigns, shall fail to use this easement for the purpose of providing data transmission service to the County, this Utility' Easement shall automatically terminate and the GRANTEE, its successors or assigns, shall vacate, cancel and annul said easement or relevant part thereof by recording in the Public Recoids an instrument evidencing said cancellation. GRANTOR, its successors or assigns, shall upon said vacation, have the right to require GRANTEE, its successors or assigns, to remove any structures, facilities or improvements from Easement property. GRANTEE hereby covenants and agrees to indemnify, save, protect and hold harmless GRANTOR against any loss, damage, injury, debt or expense (including," attorney's fees) claimed or asserted by any person or entity, which claim relates to in any way, no matter how remote, or arises out of GRANTEE'S installation of facilities or use of the Easement Property described above. IN WITNESS WHEREOF the GRANTOR has caused these presents to pe executed in its name by its Board of County Commissioners acting by the Chairman of said Bbard, the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK COLLIER COUNTY, FLORID,q! BY: _ Deputy Clerk JAMES COLETTA, Chairman Approved as to form and legal sufficiency: JenNfer A. Belpek� Assistant County Attorney A�� L o O pai00 m m Edo m v (D Q VOA i- - y-9- -- S i ;� b 0 0 0 Y 0 m � e 4pC 9 N yCp !!! p Om� m tb c z 0.�00[y O ttt tl2f ; i �= W -512o � AN yy! 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Lf yy pU1 N yj g S€< SR@ N a q�ORI �dfmi < 0{ o pp Ili IU°ri In N R__ o � ffi m :q m 3 yp m Y e pp F It ° •-� v w u=. 8 p' Z o rn z.9 O)00 6 E- 0 O 0 CL za o �c U okC, o� UZ) WZ (LS IL6 Z J W Y Q O o_ N a O m CU Now WOMEN ■ ■ ■■ °c O■■■ ■ ■ ■. r �e.$ ■■■ ■..... a 33 eoavwos lKa)q aasu" y W W 'n n ry YnO N ynp nnh N1 z ?lJ�gb �`YY ViNb I:� �j; \ 33Wy� gipO p� ry!7 w� O.00� FI v n bN^O]O zzzz �n�ge Y h Y1 Oni n n v N v�nm n ^^ w g b N q N O O m AQ� puimp �ogryv N pl b p U U U U O O_ LO vi Y Wim o Om W >- �3 O � Y KQ No w0 ¢ z 2UU W Y Q O o_ N a O m CU Now WOMEN ■ ■ ■■ °c O■■■ ■ ■ ■. r �e.$ ■■■ ■..... a 33 eoavwos lKa)q aasu" y W W 'n n ry YnO N ynp nnh N1 z ?lJ�gb �`YY ViNb I:� �j; \ 33Wy� gipO p� ry!7 w� O.00� FI v n bN^O]O zzzz �n�ge Y h Y1 Oni n n v N v�nm n ^^ w g b N q N O O m AQ� puimp �ogryv N pl b p U U U U Mtim 6C6 a) z,cu E:2CL m c 2 ui J Q U U O I- H O Z U d Q Z O U O J U S H Agenda Item No. 16116 May 8, 2007 EXECUTIVE SUMMARY Page 1 of Recommendation to adopt a Resolution supporting H.R. 1023 and S. 777 repealing the imposition of withholding on certain payments made to vendors by government entities imposed by Section 511 of the Tax Increase Prevention and Reconciliation Act of 2005. OBJECTIVE To obtain from the Board of County Commissioners (Board) the adoption of a Resolution supporting H.R. 1023 and S. 777, repealing the imposition of withholding on certain payments made to vendors by government entities imposed by Section 511 of the Tax Increase Prevention and Reconciliation Act of 2005. CONSIDERATION This far - reaching new requirement was inserted as a last- minute revenue raiser into the Tax Reconciliation Act of 2005 (Section 511) that was signed by the President in May 2006. Though different versions of this provision have been discussed the last few years, no committee hearings were ever held. While its supporters argue that imposing withholdings of three percent on non -wage payments by Federal, State and local governments would improve taxpayer compliance, reduce the "tax gap ", and promote fairness in the tax system, this provision focuses only on payments made by governments unrelated to any tax liabilities. The provision is aimed at collecting under - reported tax revenues and increased tax compliance. The bill is stated to increase revenue in the estimated amount of seven billion from 2011 to 2015. However, six billion of the "increased revenue" comes from accounting rhetoric. The bulk of the seven billion revenue is due to the acceleration of tax receipts during the transition year and not an actual revenue increase from improved tax compliance. Governments have been moving toward obtaining commercial products and services at commercial prices (products /prices that are the same in the private sector marketplace). This provision severely alters this system that has shown great progress in reducing prices to the government. This will put government at a severe, competitive disadvantage relative to private sector firms buying the same products and services. Government contracts are often multi -year and cover periods of five years or longer in length. This means that companies entering into these long -term contracts now should be considering in their pricing the additional administrative and financing costs to implement this requirement. The additional expenses incurred by contractors will increase the costs of goods and services provided to the government. It is in the best interest of government and taxpayers to repeal Section 511 now. FISCAL IMPACT The County will incur increased internal accounting and administration costs and increased costs for the purchase of products and services. The extent of these costs is not known at this time. However, adding three percent to all current contracts, including capital projects, will increase expenditures by a very substantial amount. RECOMMENDATION Staff recommends that the Board adopts the attached Resolution in support of H.R. 1023 and S. 777 repealing the imposition of withholding on certain payments made to vendors by government entities imposed by Section 511 of the Tax Increase Prevention and Reconciliation Act of 2005. PREPARED BY: Len Golden Price, Administrator, Administrative Services Division Page 1 of 1 Agenda Item No. 16E6 May B, 2007 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 16E6 Item Summary: Recommendation to adopt a Resolution supporting H R. 1023 and S. 777 repealing the Imposition of withholding on certain payments made to vendors by government entities imposed by Section 511 of the Federal Tax Increase Prevenllon and Resoncillatlon Act of 2005. Meeting Date: 5/912007 9.00.00 AM Approved By Lon Golden Pdce Administrative Services Adminiatrator Date Admin tit attve Services Administrative Services Admin. 4126120074:11 Pea Approved By OMB Coordinator Administrative Assistant Date County Manager's Mee Office of Management &Budget 4127120079: 39 AM Approved By Laura Davtaeon Management & Budget Analyst Date County Managers Wide Office of Management & Budget 413012007 10:34 AM Approved By Michael Smykowski Management & Budget World, Date County Manager's Office Cities of Management & Budget 51112007 5:45 PM Approved By James V. Mudd County Manager Date Board of County County Managers Of rot 51112007 6:20 PM Commissioners file ' / /C \AeendaTest \F,h and \R2- Mav %20R.% 202007 \I6 . %20CDNSFW%20AGFNDA \1617. 5/2/2007 Agenda Item No. 16E6 May 8, 2007 Page 3 of 4 RESOLUTION NO. 2007 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, URGING MEMBERS OF THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED TO SUPPORT H.R. 1023 AND S. 777 TO REPEALTHE IMPOSITION OF WITHHOLDING ON CERTAIN PAYMENTS MADE TO VENDORS BY GOVERNMENT ENTITIES IMPOSED BY SECTION 511 OF THE TAX INCREASE PREVENTION AND RECONDILIACTION ACT OF 2005, AND DIRECTING THAT THIS RESOLUTION BE FORWARDED TO SENATORS BILL NELSON AND MEL MARTINEZ AND REPRESENTATIVES CONNIE MACK AND MARIO DIAZ- BALART. WHEREAS, this far - reaching new requirement was inserted as a last- minute revenue raiser into the Tax Reconciliation Act of 2005 (Section 511) that was signed by the President in May 2006; and WHEREAS, with no committee hearings having been held supporters argue that imposing withholdings of three percent on non -wage payments by Federal, State and local governments would improve taxpayer compliance, reduce the "tax gap ", and promote fairness in the tax system, but this provision focuses only on payments made by governments unrelated to any tax liabilities; and WHEREAS, Section 511 is estimated to "increase" revenue by $7 billion from 2011 to 2015, but raises $6 billion of that amount in 2011 solely due to accelerated tax receipts and not an actual revenue increase from improved tax compliance; and WHEREAS, Collier County will be burdened with ongoing costs to administer this unfunded mandate which will be substantial and complicated to implement; and WHEREAS, Collier County will incur increased costs with all vendors affected by this mandate as a result of their loss of vital funds needed to operate day -to -day operations, which they will be forced to pass along to customers; and WHEREAS, construction projects will be significantly Impacted as profits are not realized until the end of a multiyear contract, but withholding will occur throughout the project; and WHEREAS, the three percent withholding and administrative costs burden on the contractors/vendors will ultimately be funded by the taxpayers; and WHEREAS, Collier County indirectly bears the burden of administrative costs of contractors, Section 511 will increase the cost of goods and services purchased; and WHEREAS, with the contractors /vendors revenue streams tied up in withholding, these firms could be deterred from working with Collier County, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, THAT: 1. The foregoing "WHEREAS" clauses are hereby incorporated herein as an integral part of this Resolution. Agenda Item No. 16E6 May 8, 2007 Page 4 of 4 2. For each of the above reasons, and many others too numerous to Include in this Resolution, the Board for County Commissioners of Collier County, Florida, hereby expresses its strong support for the proposed H.R. 1023 and S.777. 3. Collier County's Board of County Commissioners urges members of the Senate and House of Representatives of the United States of America to support H.R. 1023 and 5.777, and if passed by both Houses of the Congress to forward this bill to President Bush for signature, and 4. County Manager, James V Mudd, is hereby directed to immediately distribute a copy of this Resolution to Senators Bill Nelson and Mel Martinez and Representatives Connie Mack and Mario Diaz- Balart. 5. This Resolution shall be effective upon adoption. Passed and duly ADOPTED by the Board of County Commissioners of Collier County, Florida, the day of , 2007. ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: JAMES COLETTA, Chairman Approved as to form and legal sufficiency: ✓ 1 By: Robert Zachafy Assistant County Attorney Agenda Item No. 16F1 May 8, 2007 Page 1 of 18 EXECUTIVE SUMMARY Recommendation to approve and execute four License Agreements for use of Wal -Mart's parking lots to be used for disaster relief supplies to the public. OBJECTIVE: To provide Points of Distribution of relief supplies to the public in the aftermath of a major disaster. CONSIDERATIONS: Having a Point of Distribution (POD) plan at the local level significantly contributes towards the public's return to normalcy should a major disaster affect them. A pre - identified POD is a location used for managing in -bound resources and rapidly distributing the bulk emergency relief supplies such as water, ice, food, and tarps to the public. Ideally the site is situated in a manner to facilitate the public's ability to "drive -thru" the area to receive the supplies without having to leave their cars. The benefits for pre - identifying these locations are: • Reduces the time to arrange for the reception of suppliers from the state and delivery to the public. • Provides the public with quick access to water and ice enabling them to re- occupy their homes sooner. • Allows the public access to the immediate resource (tarps) to rapidly obtain and mitigate potential future losses to their property due to rainfall. To assist Emergency Management with this task, Real Estate Services secured License Agreements with Wal -Mart Stores, Inc., for POD sites at each of its Naples' stores. These License Agreements were approved by the Board of County Commissioners at its September 13, 2005, meeting, Item No. 16F4. The term of these Licenses was from September 13, 2005, through December 31, 2006. Wal -Mart has graciously offered the County use of portions of the parking lots again at its four stores in Collier County without charge. The attached License Agreements have been modified from the original Agreements to include a ten (10) year term. The License Agreements have been reviewed and approved by the Bureau of Emergency Services and the County Attorney's Office. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to execute the attached License Agreements. PREPARED BY: Michael H. Dowling, Senior Property Management Specialist, Real Estate Services / Facilities Management Department r Page 1 of 1 Agenda Item No. 16F1 May 8, 2007 Page 2 of 18 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS "-' Item Number: 16F1 Item Summery: Recommendation to approve and execute four License Agreements for use of Wal -Marls Property Management Specialist parking lots to be used for disaster relief supplies to the public. Meeting Dale: 51812007 9.00:00 AM Prepared By Michael H. Dowling Property Management Specialist Data Administrative Service. Facilltlas Management W251200710:24:54 AM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management W25120072: 16 per Approved By Dan E. Summers Bureau of Emergency Services Director Data County Managers office Bureau of Emergency Services 41261200711:04 AM Approved By Toni A. Mott Real Property Supervise, Data Administrative Services Facilities Management 412620071:09 PM Approved By OMB Coordinator Administrative Assistant Data County Managers Office Office of Management & Budget V2712007 205 AM Approved By Micheal Smykowaki Management & Budget Director Data County Managers Office Office of Management & Budget 412912007 6'.13 AM Approved By .lames Y. Mudd County Manager Data Boats of County Commonest.... Cdun[y Manager's ORice 4130120075:22 PM file :// Ct\ AeendaTest \Exoort\82- Mav%x208.e/ x202007\ l6. %a2000N5ENT %20AGENDA\ 16F.... 5/2/2007 Agenda Item No. 16F1 May 8, 2007 LICENSE AGREEMENT Page 3 of 18 THIS LICENSE AGREEMENT ( "Agreement "), made and entered into this _ day of May, 2007, by and between WAL -MART STORES EAST, LP, of 702 S.W. 8' Street with offices at 2001 S.E. 10 Street, Bentonville, Arkansas 72716 -0550, Attn: Realty Management Dept. #44 -9384 (collectively, "Licensor'); and COLLIER COUNTY, with an address of 3301 East Tamiami Trail, Naples, FL 34112, Attn: Real Estate Services (collectively, "Licensee "). WITNESSETH WHEREAS, Licensor is the owner of /holds a leasehold interest in that property known as Wal -Mart Store #5055, located at 9885 Collier Boulevard, Naples, FL ('Premises'), and WHEREAS, Licensee under this Agreement proposes to Operate Emergency Distribution Points at the facility known as Wal -Mart Store #5055 ( "License Area "), as depicted on Exhibit A; and WHEREAS, Licensor and Licensee now desire to enter into an agreement whereby such business shall be conducted by Licensee at the License Area, under such terms and conditions as are hereinafter more particularly set forth. NOW THEREFORE, in consideration of the mutual promises herein contained, the parties hereto do agree as follows: The Licensee is given permission to occupy the License Area for the purpose of using designated areas of the parking lot in emergency situations for Distribution Points for the distribution of emergency supplies including but not limited to food, water, tarps, army rations, etc. for a period of 14 days at a time (the "Permitted Use ") on the License Area and for no other reason. Should the License Area be used for another purpose, Licensor may revoke and terminate this Agreement immediately, and Licensee shall vacate and surrender the License Area to Licensor immediately upon notification. Licensee shall secure at its sole cost and expense from all the appropriate authorities, all licenses and/or permits necessary to conduct the permitted use on the License Area. Licensee agrees hereby to comply with all applicable laws, rules, codes and/or other regulation governing such operation; obtain any and all necessary consents or approvals, and to display same as required by any law, role, code, or regulations of any administrative or regulatory body, city, county, state, or federal agency, or other such body. Any fee, fine, cost, levy, or other such charge resulting from the failure of Licensee to obtain and/or display any such item shall be the sole responsibility of Licensee. Failure to pay any such charge shall be a default under this Agreement. If such charge remains unpaid for a period of ten (10) days then Licensor may terminate this Agreement. Licensor makes no representation as to the availability of permits, and Licensor shall have no liability to Licensee in the event Licensee is unable for any reason to obtain permits. Further, in the event Licensee is unable for any reason to obtain all licenses and/or permits necessary to operate on the License Area, Licensor can revoke and terminate this Agreement immediately, and Licensee shall vacate the License Area immediately upon notification. This license agreement shall continue on in full force and effect for a period of ten (10) yens from the date first written above, subject to paragraph 15. In consideration of the privilege granted and conceded by the Licensor, Licensee shall pay as rent to Licensor the sum of One Dollar ($1.00). Licensee shall pay during the Term hereof all electrical, water, gas, telephone, and other public or private utility charges in connection with its occupancy and use of any License Area, including all costs of operating and maintaining all equipment therein, all business licenses, and similar permit fees. Effective through the end of the Term, Licensee shall pay directly to the applicable public utilities the cost of all utility services furnished to any License Area occupied or used by Licensee hereunder. Licensee shall deliver to Licensor, within 10 days of written request, evidence thatthe utility companies have been notified to bill Licensee directly for all services to any License Area occupied or used by Licensee hereunder. In the event Licensor receives any invoices for utilities for the period during which Licensee occupied the License Area, Licensee shall remit payment to the appropriate utility after receiving a copy of the bill from Licensor. In the event Licensee fails to make payment Licensor shall be entitled to remit payment on behalf of Licensee. Licensee shall thereafter reimburse Licensor for the amount of the utility bill plus ten (10%) of the total to reimburse Licensor for its administrative expense. 5. Licensee hereby agrees and covenants that the License Area will be kept clean at all times, free of any trash or debris. If Licensee shall fail to maintain the License Area occupied or used by Licensee hereunder in a clean manner, Licensor shall have the right to clean the License Area after five (5) days written notice to Licensee. Licensor shall then be permitted to invoice Licensee for all costs incurred and to add a 15% administrative fee to such costs. Licensee shall pay such invoice within five (5) days Agenda Item No. 16F1 May 8, 2007 of its receipt or this Agreement shall immediately terminate, and Licensee shall vacate and surrender Page 4 Of 18 the License Area to Licensor. 6. Licensee hereby agrees and covenants that said Permitted Use will not create excessive noise; and in the event that complaints arise due to excessive noise, then Licensee shall eliminate the source thereof. If Licensee fails to cure within twenty -four (24) hours of notification, Licensor can revoke and terminate this Agreement immediately, and Licensee shall vacate and surrender the License Area to Licensor immediately upon notification. Licensee hereby agrees and covenants that nothing shall penetrate the roof, the sides of the building, or the surface of the parking lot at any License Area occupied or used by Licensee hereunder. Should a tent or tents be necessary for display or to conduct business, the tent or tents shag be freestanding and shall be located in an area which Licensor designates. Should damage occur to any License Area occupied or used by Licensee hereunder due to the use of stakes, hanging of a sign or signs, or other means, Licensor shall be permitted to invoice Licensee for all costs incurred to repair such damage and to add a 15% administrative fee to such costs. Licensee shall pay such invoice within five (5) days of its receipt or this Agreement shall immediately terminate and Licensee shall vacate and surrender such License Area to Licensor immediately upon notification. Licensor reserves the right to pursue any legal remedies or alternatives to collect any outstanding reimbursements related to this Agreement. 8. Licensee hereby agrees and covenants that all items ( "Property ") placed in or on any License Area occupied or used by Licensee hereunder by Licensee, its employees, agents, or invitees of Licensee, or any occupant of the License Area, will be removed from the License Area as soon as practicable following termination of this Agreement, but in no event later than five (5) days following termination of this Agreement. If Licensee fails to remove the Propery within the period, Licensor shall have the right to remove the Property from the License Area. Such Property shall become the sole and personal property of Licensor, and Licensor may dispose of it at its discretion. 9. Upon termination of the Agreement, Licensee shall leave any License Area occupied or used by Licensee hereunder broom clean in the same condition as at the commencement of the term hereof, reasonable wear and tear excepted. Licensee further agrees and covenants that it will remove all property and clean any License Area occupied or used by Licensee hereunder (including sweeping of its area of the parking lot) at Licensee's sole expense, and Licensor shall not be required to do any work whatsoever. Licensee will contact Manager of Wal -Mart Operating Store #5055, located at 9885 Collier Boulevard, Naples FL, for a walk - through and return of key, if applicable, upon vacating the License Area. 10. Licensee hereby agrees and covenants that Licensee at all times will indemnify and save, protect, defend and hold harmless the Licensor and the Premises of, from, and against any and all liability, cost, damage, or expense, including reasonable attorney's fees and costs, and any fines whatsoever which may arise or be claimed against the Licensor or the Premises by any person or persons for any loss, injury, damage, or death of any person, or property whatsoever arising from or out of the business, operations, use, or occupancy of the License Area by Licensee, the Licensee's agents, employees, or servants, or arising from or in connection with any other act or omission of Licensee, except for any liability, cost damage, or expense, including reasonable attorney's fees and,00sts and any fines whatsoever which may arise or be claimed by any person or persons for any loss, injury, damage, or death of any person, or property whatsoever arising from or out of the gross negligence or willful misconduct of licensor, its employees or agents. 11. All Property belonging to Licensee, employees, agents, or invitees of Licensee, or any occupant of the License Area, and on Licensor's Premises, shall be at the risk of Licensee or other person only, and Licensor shall not be liable to damage thereto or theft or misappropriation thereoT, provided, however, that should Licensee fail to reprove such property, pursuant to Paragraph 8 above, such property shall be disposed of by Licensor without obligation to Licensee. 12. Licensee will carry and keep in force, at its own expense, Comprehensive General Liability insurance with companies licensed to do business in this State, in an amount not less than $2,000,000 single limited personal injury and property damage and $1,000,000 Worker's Compensation Insurance. The required coverage may be provided in the form of Comprehensive General Liability Insurance coverage together with Excess Liability insurance coverage. All policies of insurance shall be considered primary of any existing, similar insurance carried by Licensor. Licensee shall furnish Licensor with a Certificate of Insurance showing Licensor as additional insured. To the maximum extent permitted by insurance policies that may be owned by Licensor or Licensee, Licensee ck Licensor and their respective insured, for the benefit of each other, waive any and all rights of snbrogation that might -- otherwise exist. Agenda Item No. 16F1 May 8, 2007 13. Licensor hereby reserves the right during the Term hereof, for itself or its duly,authoriud agents or Page 5 of 18 representatives, to enter upon the License Area for the purpose of inspecting the same, showing the same to any prospective purchaser, tenant or sub - tenant, or for any purpose for wkich Licensor may be required to go on the Premises under this Agreement. Licensor shall also be pertrtitted to have signage placed on the Premises for marketing and/or advertising purposes. 14. Solicitation and/or distribution of literature is prohibited at all times in any area of the store building. Solicitation and /or distribution of literature is permitted outside the building provided the solicitation and distribution of literature does not unduly harass Wal -Man's Associates or Customers and does not impede the free flow of traffic. Wal-Mart shall have the sole right to determine what constitutes undue harassment of its Associates and Customers, and Wal -Mart shall have sole right to determine whether the solicitation and /or distribution of literature impedes the free flow of traffic. No sign, poster, placard, display, handbill or written material shall contain or depict "fighting words ", obscenities, pornography, gross or gruesome displays, highly inflammatory slogans likely to provoke a disturbance or racial or ethnic slurs. Wal -Mart shall have the right to revoke this license should Licensee breach any covenant contained in this paragraph. Licensee shall be required to sign two (2) copies of the Solicitation and Distribution of Literature Rules. Solicitation is defined as requesting or seeking, in writing or orally, donations, help or the like for any cause. Distribution of literature is defined as the act or process of giving out or delivering leaflets, pamphlets, or other written matetial. 15. Notwithstanding anything contained herein to the contrary, Licensor may revoke and terminate this License Agreement for any reason with thirty (30) days written notice to the other by Certified Mail, Federal Express, or overnight delivery, and Licensee shall vacate and surrender any License Area then occupied to Licensor immediately with each party having all rights as if this Agreement has expired. IN WITNESS WHEREOF, the respective parties hereto have caused this Agreement to be duly executed as of the date first herein written. AS TO THE LICENSEE: DATED: ATTEST: DWIGHT E. BROCK, Clerk BY: , Deputy Clerk AS TO LICENSOR: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: JAMES COLETTA, Chairman - DATED: WAL -MART STORES, INC. Its: Approved daasstto form and le al sufficiency: By: E U1/�'l-- Q -01��� Thomas C. Palmer, Assistant County Attorney L Exhibit A Agenda Item No. 16F1 May 8, 2007 j Page 6 of 18 �� -- /__� Y _ `�' a 4.. __ � �� .1 —\ � I p•: i •. ...... -1 Agenda Item No. 1FF1 May 8, 2007 LICENSE AGREEMENT Page 7 of 18 THIS LICENSE AGREEMENT ( "Agreement'), made and entered into this _ day of May, 2007, by and between WAL -MART STORES EAST, LP, of 702 S.W. 8' Street with offices at 2001 S.E. 100 Street, Bentonville, Arkansas 72716 -0550, Attn: Realty Management Dept. #44 -9384 (collectively, "Licensor "); and COLLIER COUNTY, with an address of 3301 East Tamiami Trail, Naples, FL 34112, Ain: Real Estate Services (collectively, "Licensee "), WITNESSETH WHEREAS, Licensor is the owner of/holds a leasehold interest in that property known as Wal -Mart Store #1957, located at 11225 Tamiami Trail North, Naples, FL ( "Premises "), and WHEREAS, Licensee under this Agreement proposes to Operate Emergency Distribution Points at the facility known as Wal -Mart Store #1957 ( "License Area "), as depicted on Exhibit A; and WHEREAS, Licensor and Licensee now desire to enter into an agreement whereby such business shall be conducted by Licensee at the License Area, under such terns and conditions as are hereinafter more particularly set forth. NOW THEREFORE, in consideration of the mutual promises herein contained, the parties hereto do agree as follows: The Licensee is given permission to occupy the License Area for the purpose of using designated areas of the parking lot in emergency situations for Distribution Points for the distribution of emergency supplies including but not limited to food, water, tarps, army rations, etc. for a period of 14 days at a time (the "Permitted Use ") on the License Area and for no other reason. Should the License Area be used for another purpose, Licensor may revoke and terminate this Agreement immediately, and Licensee shall vacate and surrender the License Area to Licensor immediately upon notification, Licensee shall secure at its sole cost and expense from all the appropriate authorities, all licenses and/or permits necessary to conduct the permitted use on the License Area. Licensee agriees hereby to comply with all applicable laws, rules, codes and/or other regulation governing such operation; obtain any and all necessary consents or approvals, and to display same as required by any law, rule, code, or regulations of any administrative or regulatory body, city, county, state, or fedemP.agency, or other such body. Any fee, fine, cost, levy, or other such charge resulting from the failure of Licensee to obtain and/or display any such item shall be the sole responsibility of Licensee. Failure to pay any such charge shall be a default under this Agreement. If such charge remains unpaid for a period of ten (10) days then Licensor may terminate this Agreement. Licensor makes no representation as to the availability of permits, and Licensor shall have no liability to Licensee in the event Licensee is unable for any reason to obtain permits. Further, in the event Licensee is unable for arty reason to obtain all licenses and/or permits necessary to operate on the License Area, Licensor can revoke and terminate this Agreement immediately, and Licensee shall vacate the License Area immediately upon notification. 2. This license agreement shall continue on in full force and effect for a period of ten (10) years from the date first written above, subject to paragraph 15. In consideration of the privilege granted and conceded by the Licensor, Licensee shall pay as rent to Licensor the sum of One Dollar ($1.00). Licensee shall pay during the Term hereof all electrical, water, gas, telephonq and other public or private utility charges in connection with its occupancy and use of any License Area, including all costs of operating and maintaining all equipment therein, all business licenses, and similar permit fees. Effective through the end of the Term, Licensee shall pay directly to the applicable public utilities the cost of all utility services furnished to any License Area occupied or used by Licensee hereunder. Licensee shall deliver to Licensor, within 10 days of written request, evidence that the utility companies have been notified to bill Licensee directly for all services to any License Area occupied or used by Licensee hereunder. In the event Licensor receives any invoices for utilities for the period during which Licensee occupied the License Area, Licensee shall remit payment to the appropriate utility after receiving a copy of the bill from Licensor. In the event Licensee fails to make payment Licensor shall be entitled to remit payment on behalf of Licensee. Licensee shall thereafter reimburse Licensor for the amount of the utility bill plus ten (10%) of the total to reimburse Licensor for its administrative expense. 5. Licensee hereby agrees and covenants that the License Area will be kept clean at all times, free of any trash or debris. If Licensee shall fail to maintain the License Area occupied: or used by Licensee hereunder in a clean manner, Licensor shall have the right to clean the License Area after five (5) days written notice to Licensee. Licensor shall then be permitted to invoice Licensed for all costs incurred and to add a 15% administrative fee to such costs. Licensee shall pay such invocee within five (5) days Agenda Item No. 1fF1 May 8, 2007 of its receipt or this Agreement shall immediately terminate, and Licensee shall vacate and surrender Page 8 of', 18 the License Area to Licensor. 6. Licensee hereby agrees and covenants that said Permitted Use will not create excessive noise; and in the event that complaints arise due to excessive noise, then Licensee shall eliminate the source thereof. If Licensee fails to cure within twenty -four (24) hours of notification, Licensor can revoke and terminate this Agreement immediately, and Licensee shall vacate and surrender the License Area to Licensor immediately upon notification. 7. Licensee hereby agrees and covenants that nothing shall penetrate the roof, the sides of the building, or the surface of the parking lot at any License Area occupied or used by Licensee hereunder. Should a tent or tents be necessary for display or to conduct business, the tent or tents shag he freestanding and shall be located in an area which Licensor designates. Should damage occur to any License Area occupied or used by Licensee hereunder due to the use of stakes, hanging of a sign or signs, or other means, Licensor shall be permitted to invoice Licensee for all costs incurred to repair such damage and to add a 15% administrative fee to such costs. Licensee shall pay such invoice within five (5) days of its receipt or this Agreement shall immediately terminate and Licensee shall vacate and surrender such License Area to Licensor immediately upon notification. Licensor reserves the right to pursue any legal remedies or alternatives to collect any outstanding reimbursements related to this Agreement. 8. Licensee hereby agrees and covenants that all items ( "Property ") placed in or on any License Area occupied or used by Licensee hereunder by Licensee, its employees, agents, or invitees of Licensee, or any occupant of the License Area, will be removed from the License Area as soon as practicable following termination of this Agreement, but in no event later than five (5) days following termination of this Agreement. If Licensee fails to remove the Property within the period, Licensor shall have the right to remove the Property from the License Area. Such Property shall become'the sole and personal property of Licensor, and Licensor may dispose of it at its discretion. 9. Upon termination of the Agreement, Licensee shall leave any License Area occupied or used by Licensee hereunder broom clean in the same condition as at the commencement of the term hereof, reasonable wear and tear excepted. Licensee further agrees and covenants that it will remove all property and clean any License Area occupied or used by Licensee hereunder (including sweeping of its area of the parking lot) at Licensee's sole expense, and Licensor shall not be required to do any work whatsoever. Licensee will contact Manager of Wal -Mart Operating Store #1957, located at 11225 Tamiami Trail North, Naples FL, for a walk - through and return of key, if applicable, upon vacating the License Area. 10. Licensee hereby agrees and covenants that Licensee at all times will indemnify and save, protect, defend and hold harmless the Licensor and the Premises of, from, and against any and all liability, cost, damage, or expense, including reasonable attorney's fees and costs, and any fines whatsoever which may arise or be claimed against the Licensor or the Premises by any person orpersons for any loss, injury, damage, or death of any person, or property whatsoever arising from or out of the business, operations, use, or occupancy of the License Area by Licensee, the Licensee's ;agents, employees, or servants, or arising from or in connection with any other act or omission of Licensee, except for any liability, cost damage, or expense, including reasonable attorney's fees and costs and any fines whatsoever which may arise or be claimed by any person or persons for any loss, injury, damage, or death of any person, or property whatsoever arising from or out of the gross negligence or willful misconduct of licensor, its employees or agents. 11. All Property belonging to Licensee, employees, agents, or invitees of Licensee, or any occupant of the License Area, and on Licensor's Premises, shall be at the risk of Licensee or other person only, and Licensor shall not be liable to damage thereto or theft or misappropriation thereof, provided, however, that should Licensee fail to remove such property, pursuant to Paragraph 8 above, such property shall be disposed of by Licensor without obligation to Licensee. 12. Licensee will carry and keep in force, at its own expense, Comprehensive General Liability insurance with companies licensed to do business in this State, in an amount not less than $2,000,000 single limited personal injury and property damage and $1,000,000 Worker's Compensation Insurance. The required coverage may be provided in the form of Comprehensive General Liability Insurance coverage together with Excess Liability insurance coverage. All policies of insurance shall be considered primary of any existing, similar insurance carried by Licensor. Licensee shall famish Licensor with a Certificate of Insurance showing Licensor as additional insured. To the maximum extent permitted by insurance policies that may be owned by Licensor or Licensee, Licensee dr Licensor and their respective insured, for the benefit of each other, waive any and all rights of subrogation that might -- otherwise exist. Agenda Item No, 16F1 May 8, 2007 13. Licensor hereby reserves the right during the Term hereof, for itself or its duly authorized agents or Page 9 of 18 representatives, to enter upon the License Area for the purpose of inspecting the same, showing the same to any prospective purchaser, tenant or sub - tenant, or for any purpose for which Licensor may be required to go on the Premises under this Agreement. Licensor shall also be permitted to have signage placed on the Premises for marketing and/or advertising purposes, 14. Solicitation and/or distribution of literature is prohibited at all times in any area 6f the store building. Solicitation and /or distribution of literature is permitted outside the building provided the solicitation and distribution of literature does not unduly harass Wal- Mart's Associates or Customers and does not impede the free flow of traffic. Wal -Mart shall have the sole right to determine what constitutes undue harassment of its Associates and Customers, and Wal -Mart shall have sole right to determine whether the solicitation and /or distribution of literature impedes the free flow of traffic. No sign, poster, placard, display, handbill or written material shall contain or depict "fighting words ", obscenities, pornography, gross or gruesome displays, highly inflammatory slogans likely to provoke a disturbance or racial or ethnic slurs. Wal -Mart shall have the right to revoke this license should Licensee breach any covenant contained in this paragraph. Licensee shall be required to sign two (2) copies of the Solicitation and Distribution of Literature Rules. Solicitation is defined as requesting or seeking, in writing or orally, donations, help or the like for any cause. Distribution of literature is defined as the act or process of giving out or delivering leaflets, pamphlets, or other written material. 15. Notwithstanding anything contained herein to the contrary, Licensor may revoke and terminate this License Agreement for any reason with thirty (30) days written notice to the other by Certified Mail, Federal Express, or overnight delivery, and Licensee shall vacate and surrender any License Area then occupied to Licensor immediately with each party having all rights as if this Agreement has expired. IN WITNESS WHEREOF, the respective parties hereto have caused this Agreement to be duly executed as of the date first herein written. AS TO THE LICENSEE: DATED: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk JAMES COLETTA, Chairman BY Deputy Clerk AS TO LICENSOR: DATED: WAL -MART STORES, INC. Approved as to form an gal' sufficiency /: By: W✓ Thomas ,Palmer, Assistant County Attorney ,f- 00 LLC'- i40 � O T� (6 �L c0 a m c c m Q y i Exhibit A i i - _ ,, sQ � ttI jyIII 1r'il�us)i,u,l., u!' •jla;'' i� "Q. CQ i il'IIF�'Q I(Ilii� ,ylilQ�li��S i, IF fl d! iI l 1 p 3 _rlr P. it it y III fp ' If te J t if , Agenda Item No. 1 F1 May 8, 2 07 LICENSE AGREEMENT Page 11 0 18 THIS LICENSE AGREEMENT ( "Agreement'), made and entered into this _ day of May, 2007, by and between WAL -MART STORES EAST, LP, of 702 S.W. 0 Street with offices at 2001 S.E. IO' Street, Bentonville, Arkansas 72716 -0550, Attn: Realty Management Dept. #44 -9384 (collectively, "Licensor "); and COLLIER COUNTY, with an address of 3301 East Tamiami Trail, Naples, FL 34112, Attn: Real Estate Services (collectively, "Licensee'). WITNESSETH WHEREAS, Licensor is the owner of /holds a leasebold interest in that property known as Wal -Mart Store #5391, located at 5420 Cormorant Avenue, Naples, FL ('Premises'), and WHEREAS, Licensee under this Agreement proposes to Operate Emergency Distribution Points at the facility known as Wal -Mart Store #5391 ( "License Area"), as depicted on Exhibit A; and WHEREAS, Licensor and Licensee now desire to enter into an agreement whereby such business shall be conducted by Licensee at the License Area, under such terms and conditions as are hereinafter more particularly set forth. NOW THEREFORE, in consideration of the mutual promises herein contained, the parties hereto do agree as follows: The Licensee is given permission to occupy the License Area for the purpose of using designated areas of the parking lot in emergency situations for Distribution Points for the distribution of emergency supplies including but not limited to food, water, tarps, army rations, etc. for a period of 14 days at a time (the 'Permitted Use ") on the License Area and for no other reason, Should the License Area be used for another purpose, Licensor may revoke and terminate this Agreement immediately, and Licensee shall vacate and surrender the License Area to Licensor immediately upon notification. Licensee shall secure at its sole cost and expense from all the appropriate authorities, all licenses and/or permits necessary to conduct the permitted use on the License Area. Licensee agrees hereby to comply with all applicable laws, roles, codes and/or other regulation governing such operation; obtain any and all necessary consents or approvals, and to display same as required by any law, rule, code, or regulations of any administrative or regulatory body, city, county, state, or federal agency, or other such body. Any fee, fine, cost, levy, or other such charge resulting from the failure Of Licensee to obtain and/or display any such item shall be the sole responsibility of Licensee. Failure to pay any such charge shall be a default under this Agreement. If such charge remains unpaid for a period of ten (10) days then Licensor may terminate this Agreement. Licensor makes no representation as to the availability of permits, and Licensor shall have no liability to Licensee in the event Licensee is unable for any reason to obtain permits. Further, in the event Licensee is unable for any reason to obtain all licenses and/or permits necessary to operate on the License Area, Licensor can 1'evoke and terminate this Agreement immediately, and Licensee shall vacate the License Area immediately upon notification. 2. This license agreement shall continue on in full force and effect for a period of tat (10) years from the date first written above, subject to paragraph 15. 3. In consideration of the privilege granted and conceded by the Licensor, Licensee shall pay as rent to Licensor the sum of One Dollar ($1.00). 4. Licensee shall pay during the Term hereof all electrical, water, gas, telephone) and other public or private utility charges in connection with its occupancy and use of any License Area, including all costs of operating and maintaining all equipment therein, all business licenses, and similar permit fees. Effective through the end of the Tenn, Licensee shall pay directly to the applicable public utilities the cost of all utility services furnished to any License Area occupied or used by Licensee hereunder. Licensee shall deliver to Licensor, within 10 days of written request, evidence thatthe utility companies have been notified to bill Licensee directly for all services to any License Area occupied or used by Licensee hereunder. In the event Licensor receives any invoices for utilities for the period during which Licensee occupied the License Area, Licensee shall remit payment to the appropriate utility after receiving a copy of the bill from Licensor. In the event Licensee fails to make payment Licensor shall be entitled to remit payment on behalf of Licensee. Licensee shall thereafter reimburse Licensor for the amount of the utility bill plus ten (10 %) of the total to reimburse Licensor for its administrative expense. 5. Licensee hereby agrees and covenants that the License Area will be kept clean at all times, free of any trash or debris. If Licensee shall fail to maintain the License Area occupied' or used by Licensee hereunder in a clean manner, Licensor shall have the right to clean the License Area after five (5) days written notice to Licensee. Licensor shall then be permitted to invoice Licensee�for all costs incurred and to add a 15% administrative fee to such costs. Licensee shall pay such invoide within five (5) days Agenda Item No. May 8 of its receipt or this Agreement shall immediately terminate, and Licensee shall vacate and surrendef age 12 the License Area to Licensor. 6. Licensee hereby agrees and covenants that said Permitted Use will not create excessive noise; and in the event that complaints arise due to excessive noise, then Licensee shall eliminate the source thereof. If Licensee fails to cure within twenty -four (24) hours of notification, Licensor can revoke and terminate this Agreement immediately, and Licensee shall vacate and surrender the License Area to Licensor immediately upon notification. 7. Licensee hereby agrees and covenants that nothing shall penetrate the roof, the sides of the building, or the surface of the parking lot at any License Area occupied or used by Licensee hereunder. Should a tent or tents be necessary for display or to conduct business, the tent or tents shall be freestanding and shall be located in an area which Licensor designates. Should damage occur to any License Area occupied or used by Licensee hereunder due to the use of stakes, hanging of a sign or signs, or other means, Licensor shall be permitted to invoice Licensee for all costs incurred to repair such damage and to add a 15% administrative fee to such costs. Licensee shall pay such invoice within five (5) days of its receipt or this Agreement shall immediately terminate and Licensee shall vacate and surrender such License Area to Licensor immediately upon notification. Licensor reserves the right to pursue any legal remedies or alternatives to collect any outstanding reimbursements related to this Agreement. 8. Licensee hereby agrees and covenants that all items ( "Property ") placed in or on any License Area occupied or used by Licensee hereunder by Licensee, its employees, agents, or invitees of Licensee, or any occupant of the License Area, will be removed from the License Area as soon as practicable following termination of this Agreement, but in no event later than five (5) days following termination of this Agreement. If Licensee fails to remove the Property within the period, Licensor shall have the right to remove the Property from the License Area. Such Property shall become the sole and personal property of Licensor, and Licensor may dispose of it at its discretion. 9. Upon termination of the Agreement, Licensee shall leave any License Area occupied or used by Licensee hereunder broom clean in the same condition as at the commencement of the term hereof, reasonable wear and tear excepted. Licensee further agrees and covenants that it will remove all property and clean any License Area occupied or used by Licensee hereunder (including sweeping of its area of the parking lot) at Licensee's sole expense, and Licensor shall not be required to do any work whatsoever. Licensee will contact Manager of Wal -Mart Operating Store #5991, located at 5420 Cormorant Avenue, Naples FL, for a walk - through and return of key, if applicable, upon vacating the License Area. 10. Licensee hereby agrees and covenants that Licensee at all times will indemnify and save, protect, defend and hold harmless the Licensor and the Premises of, from, and against any and all liability, cost, damage, or expense, including reasonable attorney's fees and costs, and any fines whatsoever which may arise or be claimed against the Licensor or the Premises by any person or persons for any loss, injury, damage, or death of any person, or property whatsoever arising from of out of the business, operations, use, or occupancy of the License Area by Licensee, the Licensee's agents, employees, or servants, or arising from or in connection with any other act or omission of Licensee, except for any liability, cost damage, or expense, including reasonable attorney's fees and'.costs and any fines whatsoever which may arise or be claimed by any person or persons for any loss, injury, damage, or death of any person, or property whatsoever arising from or out of the gross negligence or willful misconduct of licensor, its employees or agents. 1 1. All Property belonging to Licensee, employees, agents, or invitees of Licensee, or any occupant of the License Area, and on Licensor's Premises, shall be at the risk of Licensee or other person only, and Licensor shall not be liable to damage thereto or theft or misappropriation thereof, provided, however, that should Licensee fail to remove such property, pursuant to Paragraph 8 above, such property shall be disposed of by Licensor without obligation to Licensee. 12. Licensee will carry and keep in force, at its own expense, Comprehensive General Liability insurance with companies licensed to do business in this State, in an amount not less than $2,000,000 single limited personal injury and property damage and $1,000,000 Worker's Compensation Insurance. The required coverage may be provided in the form of Comprehensive General Liability Insurance coverage together with Excess Liability insurance coverage. All policies of insurance shall be considered primary of any existing, similar insurance carried by Licensor. Licensee shall furnish Licensor with a Certificate of Insurance showing Licensor as additional insured. To the maximum extent permitted by insurance policies that may be owned by Licensor or Licensee, Licensee or Licensor and their respective insured, for the benefit of each other, waive any and all rights of subrogation that might otherwise exist. 1H Agenda Item No. May 8, 13. Licensor hereby reserves the right during the Term hereof, for itself or its duly authorized agents oPage 13 representatives, to enter upon the License Area for the purpose of inspecting the same, showing the same to any prospective purchaser, tenant or sub - tenant, or for any purpose for which Licensor may be required to go on the Premises under this Agreement. Licensor shall also be permitted to have signage placed on the Premises for marketing and/or advertising purposes. 14. Solicitation and/or distribution of literature is prohibited at all times in any area of the store building. Solicitation and /or distribution of literature is permitted outside the building provided the solicitation and distribution of literature does not unduly harass Wal -Mart's Associates or Customers and does not impede the free flow of traffic. Wal -Mart shall have the sole right to determine what constitutes undue harassment of its Associates and Customers, and Wal -Mart shall have sole right so determine whether the solicitation and /or distribution of literature impedes the free flow of traffic. No sign, poster, placard, display, handbill or written material shall contain or depict "fighting: words ", obscenities, pornography, gross or gruesome displays, highly inflanvnatory slogans likely to provoke a disturbance or racial or ethnic slurs. Wal -Mart shall have the right to revoke this license should Licensee breach any covenant contained in this paragraph. Licensee shall be required to sign two (2) copies of the Solicitation and Distribution of Literature Rules. Solicitation is defined as requesting or seeking, in writing or orally, donations, help or the like for any cause. Distribution of literature is defined as the act or process of giving out or delivering leaflets, pamphlets, or other written material. 15. Notwithstanding anything contained herein to the contrary, Licensor may revoke and terminate this License Agreement for any reason with thirty (30) days written notice to the otter by Certified Mail, Federal Express, or overnight delivery, and Licensee shall vacate and surrender any License Area then occupied to Licensor immediately with each party having all rights as if this Agreement has expired. IN WITNESS WHEREOF, the respective parties hereto have caused this Agreement to be duly executed as of the date first herein written. AS TO THE LICENSEE: DATED: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk AS TO LICENSOR: GT BY: JAMES COLETTA, Chairman WAL -MART STORES, INC. By: Approved as to m a ^and Regal sufficiency: By: j atilt 1 Oldu1� Thomas . Palme , Assistant County Attorney 18 AYUllUa lle[Ti No. 16F1 May 8, 2007 Page 14 of 18 Exhibit A orhj m IR'IIO rff],TtWW7 J B U-1 lJ; I llj�Lm rV dip— id W-n— 'e., �1flIIqKFIHIlII 111:*111111- fill" JUJIU 41, - - - - -- - - - - - - I Agenda Item No. 1 F1 May 8, 2 07 Page 15 oil 8 THIS LICENSE AGREEMENT ("Agreement'), made and entered into this _ day of May, 2007, by and between WAL -MART STORES EAST, LP, of 702 S.W. 81° Street with offices at 2001 S.E. 10" Street, Bentonville, Arkansas 72716 -0550, Attn: Realty Management Dept. #44 -9384 (collectively, "Licensor'); and COLLIER COUNTY, with an address of 3301 East Tamiami Trail, Naples, FL 34112, Attn: Real Estate Services (collectively, "Licensee'). WITNESSETH WHEREAS, Licensor is the owner of/holds a leasehold interest in that property known as Wal-Mart Store #1119, located at 3451 TAMIAMI TRAIL E, Naples FL ('Premises "), and WHEREAS, Licensee under this Agreement proposes to Operate Emergency Distribution Points at the facility known as Wal -Mart Store #1119 ( "License Area "), as depicted on Exhibit A; and WHEREAS, Licensor and Licensee now desire to enter into an agreement whereby such business shall be conducted by Licensee at the License Area, under such terms and conditions as are hereinafter more particularly set forth. NOW THEREFORE, in consideration of the mutual promises herein contained,'the parties hereto do agree as follows: 1. The Licensee is given permission to occupy the License Area for the purpose of using designated areas of the parking lot in emergency situations for Distribution Points for the distribution of emergency supplies including but not limited to food, water, tarps, army rations, etc. for a period of 14 days at a time (the "Permitted Use ") on the License Area and for no other reason. Should the License Area be used for another purpose, Licensor may revoke and terminate this Agreement immediately, and Licensee shall vacate and surrender the License Area to Licensor immediately upon notification, Licensee shall secure at its sole cost and expense from all the appropriate authorities, all licenses and/or permits necessary to conduct the permitted use on the License Area. Licensee agrees hereby to comply with all applicable laws, rules, codes and/or other regulation governing such operation; obtain any and all necessary consents or approvals, and to display same as required by any law, rule, code, or regulations of any administrative or regulatory body, city, county, state, or federal agency, or other such body. Any fee, fine, cost, levy, or other such charge resulting from the failure of Licensee to obtain and/or display any such item shall be the sole responsibility of Licensee. Failure to pay any such charge shall be a default under this Agreement. If such charge remains unpaid for a period of ten (10) days then Licensor may terminate this Agreement. Licensor makes no representation as to the availability of permits, and Licensor shall have no liability to Licensee in the event Licensee is unable for any reason to obtain permits. Further, in the event Licensee is unable for any reason to obtain all licenses and/or permits necessary to operate on the License Area, Licensor can revoke and terminate this Agreement immediately, and Licensee shall vacate the License Area immediately upon notification. 2. This license agreement shall continue on in full force and effect for a period of ten (10) years from the date first written above, subject to paragraph 15. 3. In consideration of the privilege granted and conceded by the Licensor, Licensee shall pay as rent to Licensor the sum of One Dollar ($1.00). 4. Licensee shall pay during the Term hereof all electrical, water, gas, telephone; and other public or private utility charges in connection with its occupancy and use of any License Area, including all costs of operating and maintaining all equipment therein, all business licenses, and similar permit fees. Effective through the end of the Term, Licensee shall pay directly to the applicable public utilities the cost of all utility services furnished to any License Area occupied or used by Licensee hereunder. Licensee shall deliver to Licensor, within 10 days of written request, evidence that the utility companies have been notified to bill Licensee directly for all services to any License Area occupied or used by Licensee hereunder. In the event Licensor receives any invoices for utilities for the period during which Licensee occupied the License Area, Licensee shall remit payment to the appropriate utility after receiving a copy of the bill from Licensor. In the event Licensee fails to make payment Licensor shall be entitled to remit payment on behalf of Licensee. Licensee shall thereafter reimburse Licensor for the amount of the utility bill plus ten (10%) of the total to reimburse Licensor for its administrative expense. 5. Licensee hereby agrees and covenants that the License Area will be kept clean at all times, free of any trash or debris. If Licensee shall fail to maintain the License Area occupied: or used by Licensee hereunder in a clean manner, Licensor shall have the right to clean the License Area after five (5) days written notice to Licensee. Licensor shall then be permitted to invoice Licensee for all costs incurred and to add a 15% administrative fee to such costs. Licensee shall pay such invoice within five (5) days Agenda Item No. 16F1 May 8, 2007 of its receipt or this Agreement shall immediately terminate, and Licensee shall vacate and surrendepage 16 of 18 the License Area to Licensor. 6. Licensee hereby agrees and covenants that said Permitted Use will not create excessive noise; and in the event that complaints arise due to excessive noise, then Licensee shall eliminate the source thereof. If Licensee fails to cure within twenty -four (24) hours of notification, Licensor can revoke and terminate this Agreement immediately, and Licensee shall vacate and surrender, the License Area to Licensor immediately upon notification. 7. Licensee hereby agrees and covenants that nothing shall penetrate the roof, the sides of the building, or the surface of the parking lot at any License Area occupied or used by Licensee hereunder. Should a tent or tents be necessary for display or to conduct business, the tent or tents shall be freestanding and shall be located in an area which Licensor designates. Should damage occur to any License Area occupied or used by Licensee hereunder due to the use of stakes, hanging of a sign or signs, or other means, Licensor shall be permitted to invoice Licensee for all costs incurred to repair such damage and to add a 15% administrative fee to such costs. Licensee shall pay such invoice vAthin five (5) days of its receipt or this Agreement shall immediately terminate and Licensee shall vacate and surrender such License Area to Licensor immediately upon notification. Licensor reserves the right to pursue any legal remedies or alternatives to collect any outstanding reimbursements related to this Agreement. 8. Licensee hereby agrees and covenants that all items ( "Property ") placed in or on any License Area occupied or used by Licensee hereunder by Licensee, its employees, agents, or invitees of Licensee, or any occupant of the License Area, will be removed from the License Area as soon as practicable following termination of this Agreement, but in no event later than five (5) days hollowing termination of this Agreement. If Licensee fails to remove the Property within the period, Licensor shall have the right to remove the Property from the License Area. Such Property shall become the sole and personal property of Licensor, and Licensor may dispose of it at its discretion. 9. Upon termination of the Agreement, Licensee shall leave any License Area occupied or used by Licensee hereunder broom clean in the same condition as at the commencement of the term hereof, reasonable wear and tear excepted. Licensee further agrees and covenants thlit it will remove all property and clean any License Area occupied or used by Licensee hereunder (including sweeping of its area of the parking lot) at Licensee's sole expense, and Licensor shall not be required to do any work whatsoever. Licensee will contact Manager of Wal -Mart Operating Store #1119, located at 3451 TAMIAMI TRAIL E, Naples FL, for a walk- through and return of key, if applicable, upon vacating the License Area. 10. Licensee hereby agrees and covenants that Licensee at all times will indemnify and save, protect, defend and hold harmless the Licensor and the Premises of, from, and against any and all liability, cost, damage, or expense, including reasonable attorney's fees and costs, and any fides whatsoever which may arise or be claimed against the Licensor or the Premises by any person or persons for any loss, injury, damage, or death of any person, or property whatsoever arising from oe out of the business, operations, use, or occupancy of the License Area by Licensee, the Licensee's agents, employees, or servants, or arising from or in connection with any other act or omission of Licensee, except for any liability, cost damage, or expense, including reasonable attorney's fees and costs and any fines whatsoever which may arise or be claimed by any person or persons for any loss, injury, damage, or death of any person, or property whatsoever arising from or out of the gross negligence or willful misconduct of licensor, its employees or agents. 11. All Property belonging to Licensee, employees, agents, or invitees of Licensee, of any occupant of the License Area, and on Licensor's Premises, shall be at the risk of Licensee or other person only, and Licensor shall not be liable to damage thereto or theft or misappropriation thereof, provided, however, that should Licensee fail to remove such property, pursuant to Paragraph 8 above, such property shall be disposed of by Licensor without obligation to Licensee. 12. Licensee will carry and keep in force, at its own expense, Comprehensive Genethl Liability insurance with companies licensed to do business in this State, in an amount not less than $2,000,000 single limited personal injury and property damage and $1,000,000 Worker's Compensation Insurance. The required coverage may be provided in the form of Comprehensive General Liability Insurance coverage together with Excess Liability insurance coverage. All policies of insurance shall be considered primary of any existing, similar insurance carried by Licensor. Licensee shall furnish Licensor with a Certificate of Insurance showing Licensor as additional insured. To the maximum extent permitted by insurance policies that may be owned by Licensor or Licensee, Licensee or Licensor and their respective insured, for the benefit of each other, waive any and all rights of subrogation that might otherwise exist. Agenda Item No. 16F1 May 8, 2007 13. Licensor hereby reserves the right during the Term hereof, for itself or its duly authorized agents Sage 17 of 18 representatives, to enter upon the License Area for the purpose of inspecting the same, showing the same to any prospective purchaser, tenant or sub - tenant, or for any purpose for which Licensor may be required to go on the Premises under this Agreement. Licensor shall also be permitted to have signage placed on the Premises for marketing and/or advertising purposes. 14. Solicitation and/or distribution of literature is prohibited at all times in any area'of the store building. Solicitation and /or distribution of literature is permitted outside the building provided the solicitation and distribution of literature does not unduly harass Wal -Mart's Associates or Customers and does not impede the free flow of traffic. Wal -Mart shall have the sole right to determine what constitutes undue harassment of its Associates and Customers, and Wal -Mart shall have sole right to determine whether the solicitation and /or distribution of literature impedes the free flow of traffic. No sign, poster, placard, display, handbill or written material shall contain or depict "fighting . words ", obscenities, pornography, gross or gruesome displays, highly inflammatory slogans likely to provoke a disturbance or racial or ethnic slurs. Wal -Mart shall have the right to revoke this license should Licensee breach any covenant contained in this paragraph. Licensee shall be required to sign t*o (2) copies of the Solicitation and Distribution of Literature Rules. Solicitation is defined as requesting or seeking, in writing or orally, donations, help or the like for any cause. Distribution of literature is defined as the act or process of giving out or delivering leaflets, pamphlets, or other written material. 15. Notwithstanding anything contained herein to the contrary, Licensor may revoke and terminate this License Agreement for any reason with thirty (30) days written notice to the other by Certified Mail, Federal Express, or overnight delivery, and Licensee shall vacate and surrender aipy License Area then occupied to Licensor immediately with each party having all rights as if this Agreement has expired. IN WITNESS WHEREOF, the respective parties hereto have caused this Agreement to be duly executed as of the date first herein written. AS TO THE LICENSEE: DATED: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: BY: Deputy Clerk AS TO LICENSOR: JAMES COLETTA, Chairman DATED: WAL By:_ Its: Approved as to form and legal sufficiency: By: f /71_�A/1I2tc� Thoma� C. Palmer, Assistant County Attorney e 2 :t 1 d r Q. ----- v , L_ --Q fill jai Ly ��N\I , � •4 O �J I 1 I x an Jill: j ell J s +}'�i'llll.� t�• i�i'"'.lj �' .T i�'� "I �� ;:335li ` IQ€{ {I `tl'l �!A' ivi' F �M1i +- � �`�' I � ♦ , , � f qi � 1 I�•i�h'ti�nt�Gi ��l1�� p'�cP'I�'' o�E = €= � `��I `�' 'cs I. I ' j IV 4 kill till, .. ; b��fl y �1 s i HiiH I I I 'I H3 B• 1 _ � r ICI _ 1 Agenda Item No. 16F2 May 8, 2007 Page 1 of 3 EXECUTIVE SUMMARY Approve a Budget Amendment to increase funds to the Medical Examiners Office in support of increased power demand for renovations to odor control and air handling systems in the examination suites OBJECTIVE: To provide additional funds for increased power usage to the Medical Examiner's Office. CONSIDERATIONS: The Medical Examiner's Office underwent a renovation of the odor control and air handling systems from August 2005 until April 2006. Following the completion of the project, the number of kilowatt -hours used increased noticeably. The system improvements contributed to an improved working environment for employees and additional comfort for the family support areas. In addition, Florida Power and Light imposed a rate increase at the beginning of 2006. In anticipation of a power usage increase, a result of the air quality equipment renovation, $50,000 was budgeted for fiscal year 2006 -2007. From October 2006 through April 2007 the Medical Examiner's FPL bills have totaled $45,289.14. The projected expense for the remainder of FY 2006 -2007 is estimated to be $46,710. Additional funds are requested in the amount of $42,000 to meet Fiscal Year 2006 -2007 expenses with a contingency for summer demand. Florida Power and Light has recently completed an audit at the Medical Examiner's Office and their report has not shown any malfunctioning equipment or abnormal system demand. FISCAL IMPACT: Funds in the amount of $42,000 are budgeted and available in the General Fund Reserves for Contingencies. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board approves a budget amendment to increase funds to the Medical Examiners Office for increased power demand Prepared by Christine Chase, Sr. Administrative Assistant, Bureau of Emergency Services Page 1 of I Agenda Item No. 16F2 May 8, 2007 Page 2 of 3 file: / /C:\AgendaTest\Export\82 -Mav %208, %202007\ 16. %2000NSENT %2OAGENDA\ l6F.... 5/2/2007 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 161 Item Summary: Approve a Budget Amendment to increase funds to the Medical Examiners Office in Support of increased power demand for renovations to odor control and air handling systems in the examination suites. (g42oo0) Meeting Date: 51812007 9: DO 00 AM Prepared By Chnstine Chase Senior Administrative Assistant Date County Managers ORice Emergency Management 426120074112:44 PM Approved By Dan E. Summers Bureau of Emergency Services Director Data County Manager's Omco Bureau of Emergency Services 4126120074:31 PM Approved By OMB Coordinator AdminuArative Assistant Data County Managers Office Office of Management 8 Rudest 412712007 9:40 AM Approved By Michael Smykowskl Management & Budget Director Data County Managers Cmce Office of M anagement A Budget 41271200712156 PM Approved By James V. Mudd County Manager Data Board of County County Manager's Office 4127I2007 6:23 PM Ca mmissioners file: / /C:\AgendaTest\Export\82 -Mav %208, %202007\ 16. %2000NSENT %2OAGENDA\ l6F.... 5/2/2007 LIGHTING Comments Continue to use energy efficient T -8 fluorescent lighting system with electronic ballasts. With a T -8 system you essentially get twice the light for about half the energy cost, a reduced heat load in the air- conditioned space and an extended lamp/ballast life. CHILLER General Maintain temperatures at 75°F for cooling and 68°F for beating. BUILDING - General Install weather stripping on doors /windows. Close door /windows when using air conditioning. Comments Maintain good weatherstrip on all exterior leading doors and windows around the air conditioned space. Existing solar reflective film on east, west and north facing windows (good). Solar film will not only help decrease your electric bill, but also increase your comfort in the air - conditioned space. Agenda Item No. 16F2 May 8, 2007 Page 3 of 3 3116/2007 BEE # 6228112 COLLIER C COLLIER NTY BD OF COMMISSIONERS 0 3838 DOMESTIC AVE NAPLES, FL 34104 FPL (239) 434 -5021 Recommendations LIGHTING Comments Continue to use energy efficient T -8 fluorescent lighting system with electronic ballasts. With a T -8 system you essentially get twice the light for about half the energy cost, a reduced heat load in the air- conditioned space and an extended lamp/ballast life. CHILLER General Maintain temperatures at 75°F for cooling and 68°F for beating. BUILDING - General Install weather stripping on doors /windows. Close door /windows when using air conditioning. Comments Maintain good weatherstrip on all exterior leading doors and windows around the air conditioned space. Existing solar reflective film on east, west and north facing windows (good). Solar film will not only help decrease your electric bill, but also increase your comfort in the air - conditioned space. Agenda Item No. 16173 May 8, 2007 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve Memorandum of Understanding between Collier County and Catholic Charities of Collier County OBJECTIVE: Board of County Commissioners approval of Memorandum of Understanding between Collier County and Catholic Charities of Collier County. CONSIDERATIONS: Under Chapter 252, Florida Statutes, Collier County, through its Emergency Management Department, provides coordination of emergency services within Collier County. Collier County also coordinates the administration of relief activities of both public and private relief/disaster organizations that agree to volunteer their services under direction or guidance of Collier County authorities. Collier County may also utilize personnel and facilities of relief /disaster assistance of organizations, Churches, Temples, Synagogues for the distribution of food, water, supplies, and/or other items for temporary relief activities. The purpose of the Memorandum of Understanding is to set forth, define, and establish mutual agreements, understandings, guidelines, and obligations between Collier County and Catholic Charities of Collier County to coordinate relief efforts at the time of a disaster. GROWTH MANAGEMENT: There is no Growth Impact with this Executive Summary. FISCAL IMPACT: There is no Fiscal Impact. RECOMMENDATIONS: That the Board approves the MOU's between the Collier County Board of County Commissioners, through its Emergency Management Department and the multiple public /private organizations in Collier County which have volunteered to partner with Emergency Management during both a Presidentially declared and undeclared disasters. Prepared by: Judy Scribner, Human Services Program Manager Page 1 of 1 Agenda Item No. 161`3 May 8, 2007 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS —. Item Number: 15F3 Item Summary: Recommendation to approve Memorandum of Understanding for County emergencies Oeleeen Collier County and Catholic Chaffee of Calker County, Meeting Date: 51812007 9:00'.00 AM Prepared By Judy Scribner Case Management SUpervleor Date Public Services Housing & Human Services 412 3/200 7 10'47:12 AM Approved By Dan E. Summers Bureau of Emergency Services Director Data County Managers Office Bureau of Emergency Services 412312007 1:10 PM Approved By OMB Coordinate, Administrative Assistant Date County Managers Office Office of Management S Budget W2712007 9'.06 AM Approved By Michael Smykoesal Management & Budget Director Date County Manager's Office office of Management Budget V29120076:04 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 413012007231 PM Commissioners file: / /C:\AgendaTest \Export\82 - May %208 0/a 202007\ 16.a /o2000NSENT%20AGENDA \l6F.._ 5/22007 Agenda Item No. 16F3 May 8, 2007 Page 3 of 6 Memorandum of Understanding Between Collier County Board of Commissioners And Catholic Charities of Collier County L: Purpose: The purpose of this Memorandum of Understanding (MOU) is to set forth, define and establish mutual agreements, understandings, and obligations by and between the Collier County Board of County Commissioners, through its Emergency Management Department, and Catholic Charities of Collier County. II: Statement of Basic Responsibilities: A. Collier County Board of County Commissioners, through its Emergency Management Department, provides coordination of emergency services with Collier County, including incorporated areas. This includes the selection and utilization of various resources and organizations capable of rendering assistance. Under Chapter 252, Florida Statutes, the Board of County Commissioners, through its Emergency Management Department, also coordinates the administration of relief activities of both public and private relief or disaster assistance organizations which agree to volunteer their services under the direction or guidance of Collier County authorities. In addition, Collier County may utilize personnel and facilities of relief or disaster assistance organizations, churches, temples and synagogues in the distribution of food, relief supplies, medicines or other items and temporary sheltering as part of the restoration, rehabilitation or reconstruction of community services and essential facilities whenever Collier County authorities deem it necessary. B. "Rei;6gnizing the increased demand for churches, temples, and synagogues to supplement assistance and recovery to victims of both Presidentially declared or undeclared disasters and the need to work in harmony with local governments and private relief agencies, the Catholic Charities of Collier County wishes to assist in rendering the most efficient service with a minimum of duplication to the citizens and guests of Collier County. III: Coordination of Effort: Cooperation and coordination between Collier county Government, through its Emergency Management Department and Catholic Charities of Collier County at a time of major disaster and during the post- disaster recovery period should be maintained at efficient levels and is part of the purpose of this Agreement. Catholic Charities of Collier County works on a voluntary basis as a member of the Collier Emergency Response Volunteer (CERV) Working Group, and will make a continuing effort to acquaint its members of this Agreement to assist Collier County government in carrying out mutual responsibilities for disaster relief. IV: Responsibilities: 1 Agenda Item No. 16F3 May 8, 2007 Page 4 of 6 A. Collier County Emergency Management Department agrees to the following: 1. Notify Catholic Charities of Collier County of the potential need to assist in activities following a disaster, and 2. Participate in and develop training in disaster response for the members of Catholic Charities of Collier County and 3. Assist in the development plans for Catholic Charities of Collier County; and 4. Schedule periodic meetings and/or exercises to familiarize members of disaster preparedness or recovery initiatives; and 5. Utilize, when and as appropriate, the services of Catholic Charities of Collier County for disaster relief and recovery projects; and 6. Whenever members of Catholic Charities of Collier County are rendering aid to Collier County Government under this Agreement, they shall have the same powers, duties, rights, privileges and immunities as if they were performing their duties for Collier County, and Collier County shall be liable for their acts and actions as if they were performing their duties for Collier County; and 7. Collier County shall be liable for any loss or damages to any facility or equipment utilized pursuant to this Agreement and shall pay any expenses in the repair thereof, and 8. Collier County agrees to be responsible, to the extent provided under Florida Statues 768.28, for its negligent acts, however, this responsibility shall not serve as a waiver of Collier County's Sovereign Immunity limits. B. Catholic Charities of Collier County agrees to: 1. Provide facilities and/or staff to Collier County at no charge during the disaster recovery period, and 2. Provide a 24 hour contact person and alternates; and 3. Provide a representative to attend periodic meetings of the Collier Emergency Response Volunteer (CERV) Working Group; and 4. Participate in exercises developed by the Emergency Management Department; and 5. Provide the Emergency Management Department with an update of facility and manpower capabilities at least annually prior to June of each year. C. Both of the above named parties agreed to the following: I. No modifications or changes will be made to the facility /property by the Collier County Representative without the express written approval of the owner /operator. 2. Prior to occupancy, representatives of both parties will inspect the facility /property and will note any discrepancies on the inspection form, and/or this agreement. 3. Prior to occupancy, representatives of both parties will again inspect the facility /property to note any discrepancies on the release form. Normal wear and tear is considered to the responsibility of the organization/owner /operator. 2 Agenda Item No. 16F3 May 8, 2007 Page 5 of 6 4. The facility /property will be returned to the organization/owner /operator in the same condition as it was when occupied/acquired. 5. Other provisions as follow:—none V. Effective Date, Automatic Renewal, and Modification: This Agreement presents the general and some specific guidelines by which Collier County, through its Emergency Management Department and Catholic Charities of Collier County will cooperate to aid victims at the time of disaster. In witness thereof, the parties have executed this agreement on the date indicated. The provisions of the Agreement will be effective from the date approved by the Board of County Commissioners for a period of three (3) years. At the end of the three year (3) period, this Agreement will automatically renew for an additional term of one year unless terminated as provided in Paragraph VI of this Agreement. At the end of the one (1) year renewal period, this Agreement will renew for an additional term of one (1) year unless terminated as provided in Paragraph VI. of this Agreement. This Agreement may only be automatically renewed two times. Both parties have the authority to amend provisions of this Memorandum of Understanding upon mutual consent and by written instrument executed by the Parties. VL Termination: Either party may terminate this Agreement by providing the other party with notice of its intent to terminate with 30 days written notice. The Agreement may be immediately and automatically terminated by the County without providing such notice, should the County reasonably believe that the spirit or intent of Chapter 252, Florida Statutes is not being effectuated by this Agreement. AS TO COUNTY: Attest: BOARD OF COUNTY COMMI SSIONERS DWIGHT E. BROCK, Clerk COLLIER COUN'T'Y, FLORIDA, By: By: Deputy Clerk Chairman WITNES Print N ,, ?rjA 1 Print Name: L `A vi STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument d 1 2007, by r,o -r a [ ] has produced driver's license no. _ Catholic Charities of Collier County was acknowledged before me this.S17- day of etiwrt' " ,w -c as rtuTorof e She is [ ] p onally kno to me, or as identification. (SEAL) Approved as to form and legal sufficiency: Jennifer A. Belpedio Assistant County Attorney Agenda Item No. 16F3 May 8, 2007 Page 6 of 6 NOTARY PUBLIC Name: (Type or Print) My C ME ires: LMEB. GIOFPoDA MISSION l DD 552218 S: S8PWber25, 2010 Ngegpyp� yM Agenda Item No. 16F4 May 8, 2007 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to approve the renewal of a two -year contract with HealthStream, Inc. to provide Distance Learning Software for Collier County Emergency Medical Services at a cost of $36,400 per year for a total of $72,800. OBJECTIVE: Approve the renewal of a two -year contract to provide distance - learning software for the Emergency Medical Services Department (EMS) at a cost of $36,400 per year. CONSIDERATIONS: HealthStream, Inc. learning software will enable EMS educators to develop custom online educational courses for delivery to all local emergency services agencies. The software allows staff to train during normal work hours and at their normal place of business, thus alleviating the need to schedule all training during employees' "off hours." EMS training staff conducted a comprehensive review of software vendors and their products, and has selected HealthStream, Inc. HealthStream, Inc. software allows users easier access to more consistent and detailed clinical information, and allows educators to rapidly develop meaningful educational opportunities without having to work with third party vendors or web development languages. Purchasing staff has reviewed the information collected and agrees with the EMS staff recommendation to renew the contract with HealthStream, Inc. for distance learning software. FISCAL IMPACT: Funds in the amount of $36,400 are available for FY 07 in EMS Fund 490. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact as a result of this action. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the renewal of a two -year contract with HealthStream, Inc. to provide distance learning software for Collier County Emergency Medical Services at a cost of $36,400 per year for a total of $72,800 for the two -year period; and, 2. Authorize the Chairman to execute the contract. PREPARED BY: Artie Bay, Operations Analyst, Emergency Medical Services Page I of I Agenda Item No. 16F4 May 8, 2007 Page 2 of 11 file:IIC:\AgendaTest\Export\82- May %208, -1.202007 \16. %2000NSENF %20AGENDA \16F.._ 5/2/2007 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16F4 Item Summary: Recommendation to approve the renewal of a iweryear contract with Health5tream. Inc. to provide Distance learning Software for Collier County Emergency Medical Services at a cast of 935,400 per year for a total of 572, 8D0. Meeting Date: 51812007 9:0090 AM Prepared By Artie Bay Senior Administrative Assistant Data Be,.. of Emergency EMS 0261200712:44:41 Per Services Approved By Scott Johnson Purchasing Agent Data Administrative Services Purchasing 4126120071:28 PM Approved By Jeff Page EMS Chief Date Bureau i f Emergency Services EMS 4/2612007 2'08 PM Approved By Mike Hauer Acguisition Manager Data Administrative Services Purchesing 4126120072:26 PM Approved By Lyn Wood Purchasing Agent Date Administrative Services Purchasing 4126120072:34 PM .Approved By Steve Camell PurchasinuOuneral SVGS Director Data Administrative Services w Purchasing 412612o073: 00 PM Approved By Dan E. Summers Bureau of Emergency Services Director Dme County Managers Office Bureau of Emergency Services 4126,2007 3:55 PM Approved By OMB Coordinator Administrative Assistant Date County Managers Office Office of Management &Budget 4127120079:35 AM Approved By Michael Smykowskl Management & Budget Director Date County Managers Office Office of Management & Budget 4127120071:04 PM Approved By James V. Mudd County Manager Date Board of County County Managers Office 412812007 9:25 AM Commissioners file:IIC:\AgendaTest\Export\82- May %208, -1.202007 \16. %2000NSENF %20AGENDA \16F.._ 5/2/2007 Agenda Item No. 16F4 May 8, 2007 Page 3 of 11 Services and License Agreement THIS SERVICES AND LICENSE AGREEMENT (the "Agreement ") made this day of , 2007, between HEALTHSTREAM, INC., a Tennessee corporation having its principal offices at 269-10 Ave. South, Suite 450, Nashville, Tennessee, 37203 ( "HealthStream ") and _ Collier County EMS 2705 S. Horseshoe Naples, Florida 34104 -6146 c/o Capt Noemi Diaz ( "Client') HealthStream, by its acceptance agrees to provide to Client HealthStream's Healthcare Learning Center'TM based on the Terms and Conditions attached hereto. Please return to fax # 615- 256 -6075. Aareement Amount: Student. Administrator and Support Fees Number of Students 700 Fee $ 52.00 per Student/year (unlimited use plan) Administration Training Fee - $ 0 Term of Agreement - 2 Year(s) from the Launch Date Renewal Period - 4/26/2007- 4/26/2009 Balance Due Upon Execution - $ 36,400 (PO Acceptable Total Amount of Agreement - $_ 72,800.00 Client by its signature acknowledges that it has read this Agreement and all exhibits and attachments, understands its terms and contents and that it constitutes the entire agreement, understanding and representation, express or implied, between Client and HealthStream with respect to the HealthStream Courseware and Services (as defined herein) to be furnished herein and that this Agreement supersedes all prior communications between the parties including all oral or written proposals. This Agreement may be modified or amended only by a written instrument signed by duly authorized representatives of Client and HealthStream. IN WITNESS WHEREOF, and intending to be legally bound hereby, each party hereto warrants and represents that this Agreement has been duly authorized by all necessary corporate action and that this Agreement has been duly executed by and constitutes a valid and binding Agreement of that party. All signed copies of this Agreement shall be deemed originals. Client HealthStream, Inc. Board of County Commissioners Collier County, Florida BY: James Coletta, Chairman BY: Approved as to form & legal sufficiency: Bob Wiemer, Vice President M Assistant County Attorney ATTEST: Dwight E. Brock, Clerk of Courts By: Dated: TERMS AND CONDITIONS 1. Definitions. As used in this Agreement, the following terms shall have the meanings assigned below: 1.1. "Confidential Information" shall mean the Personal Information as defined herein, financial and tax information, the object and source codes and documentation for proprietary software, and such other information that is confidential or proprietary business information and delivered or disclosed pursuant to this Agreement. 1.2. "Emergency Medical Services VEMS ") Courses" shall mean the courses in HealthStream's proprietary library of online continuing education for EMS professionals, listed on Exhibit B attached hereto, that are a subset of the HealthStream Courseware and as well as any future module developed and selected by HealthStream to be included during the term of this Agreement. The EMS Courses have been approved for EMS continuing education by the Continuing Education Coordinating Board for Emergency Medical Services (CECBEMS). 1.3. "Gateways" shall mean the online Web sites enabled by HealthStream Web -based applications that allow Students to access the Services offered pursuant to the terms of this Agreement. Gateways are designed to be Client specific in branding and identification pursuant to Section 2 herein. 1.4. "HealthStream Courseware" shall mean those courses subscribed to by Client that are the proprietary property of HealthStream or licensed to HealthStream by a third party and provided to Students through the Gateways pursuant to the terms of this Agreement or any amendments hereto. 1.5. "Launch Date" shall mean the date on which the Gateway is operational, Client's system administrator has logon capabilities to access the Healthcare Learning Center- and Client's database of Students have been loaded into the Healthcare Leaming Center's database. In no event, however shall the Launch Date be later than the date set forth on the first page of this Agreement. 1.6. "Personal Information" shall mean information submitted by Students for personal identification. Such Personal Information may include the name, social security number and contact information for Students. 1.7. "Services" shall mean the Healthcare Learning Center - which includes Student Services, Administrator Services, Support Services, Training and Implementation Services, Gateway Initialization Services, and all updates and upgrades to those Services developed by HealthStream in its sole discretion in the normal course of its business, together with all and other services as provided by HealthStream to Client pursuant to the terms of this Agreement. 1.8. "Students shall mean authorized users of the Services that may require user registration and authentication in compliance with terms of the Services. 1.9. "User Data" shall mean the Personal Information and other data submitted and generated by Students under this Agreement. User Data shall also include the educational transcript of Students relating to the Services. 2. Services. For the fees specified in Article 3 herein, HealthStream shall perform the Services for Client and its Students based upon the terms of this Agreement, and as defined in Exhibits A, B and C attached hereto and made a part hereof by reference. 2.1. Student Services. HealthStream hereby agrees to maintain, at its cost, Gateways on the World Wide Web so that Students may through the use of a password on the Gateway It Services and License Agreement (Rev. 8/02) Agenda Item No. 16F4 May 8, 2007 Page 4 of 11 register on the Gateway; (2) search, select, enroll in and take HealthStream Courseware; (3) take HealthStream Courseware exams and have exams graded and scored; and (4) access own User Data. 2.2. Administrator Services. HealthStream will provide access to management services that allow specified Client personnel to identify Students and assign HealthStream Courseware and Client Courseware to Students. HealthStream will provide access to services that allow specified Client personnel to access reports that document the completion of HealthStream Courseware and Client Courseware by Students. 2.3. Support Services. HealthStream shall provide to Client access to HealthStream's support personnel via e-mail and telephone to obtain answers to questions regarding the routine provision of Student Services and Administrator Services. Support Services shall be available to the Client through one (1) local system administrator for each location utilizing the Services from 6:00 AM to 6:00 PM Central Time, Monday through Friday, except for normal holidays. 2.4. Gateway Initialization Services. HealthStream shall set up each Gateway for operation for Client according to the specifications described in Exhibit A attached hereto (the "Gateway Initialization Services "). 2.5. Implementation and Training Services. HealthStream will conduct initial administrator training and perform implementation as set forth on Exhibit C attached hereto. 3. Service Placement and Fees. 3.1. Service and License Fees. The fee for Student, Administrator and Support Services shall be the fee shown on the first page of this Agreement. This fee is subject to change if the number of Students exceeds the number on the first page of this Agreement or HealthStream Courseware is subscdbed to in addition to the EMS Courses. The fee shall be due upon execution of this Agreement. Client shall pay HealthStream the fees set forth on Exhibit C attached hereto for Administration Training. 3.2. Payment. The fees for Student, Administrator and Support Services are due and payable within thirty (30) days after execution of this Agreement in accordance with the "Florida Prompt Payment Act" Fees remaining unpaid after thirty (30) days from execution of this Agreement will be subject to a late fee of 1.5% per month. 4. Intellectual Property. 4.1. Prohibited Use of HealthStream Courseware. The portion of the HealthStream Courseware subscribed to by Client may be accessed by Client and any Student, but only for the purposes described herein. The HealthStream Courseware is protected in the U.S. and internationally by a variety of laws, including without limitation, copyright laws, trademark laws and other proprietary rights laws. Client and Students are granted permission to access HealthStream Courseware from HealthStream, but only for purposes of viewing, browsing or ordering products and services from HealthStream. HealthStream is not granting Client or any Student permission to use the HealthStream Courseware other than as expressly stated in this Agreement. Except as stated herein and in Section 5 hereof, none of the HealthStream Courseware may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted, in any form or by any means, including without limitation, electronic, mechanical, photocopying, or recording, without the prior written permission of HealthStream. HealthStream or its licensors retain all right, title and interest to the HealthStream Courseware. 4.2. Trademarks. The trademarks, service marks, and logos (collectively, the "Trademarks ") used and displayed on the HealthStream Courseware are registered and unregistered trademarks of HealthStream, its licensors, Client, and others. Nothing in this Agreement, the Gateway or on any HealthStream Web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Gateway or on any HealthStream Web site, without the express written permission of the Trademark owner. Client and HealthStream will refrain from issuing each other's name or logo as a link to any network site unless establishment of such a link is approved in advance and in writing by the owner of the name or logo. 5. Client and Student Conduct. Client and Students may access the portion of the HealthStream Courseware located on the Gateways for non - commercial use, provided that Client retains all copyright, trademark and other proprietary notices contained in such HealthStream Courseware in all printed and other copies. Client and Students may not de- compile, reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Gateways or the Authoring Studio. In no event may Client or any Student, directly or indirectly, sell or offer for sale any portion of the HealthStream Courseware located on the Gateways or upload, distribute, or otherwise publish any portion of the HealthStream Courseware in any other form or medium. Neither Client nor any Student shall knowingly upload to, or distribute or otherwise publish through the Gateways any content that violates or infringes the rights of any persons, including but not limited to, rights in copyrights, patents, trademarks, trade secrets, and other proprietary rights. 6. Warranties and Representations. Client warrants and represents that Client shall not allow any other entity or third party to purchase, license or sublicense the Services; Client shall be responsible for any and all taxes, if any, other than HealthStream income tax, applicable to or in connection with the services rendered by HealthStream pursuant to the terms of this Agreement; and the content submitted to HealthStream for the Gateway Initialization Services shall not knowingly infringe any patents, copyrights, trade secrets, or other proprietary rights of any third parties, and Client will have no reason to believe that any such infringement or claims thereof could be made by third parties. 7. Disclaimer of Warranties and Limitation of Liability. THE WARRANTIES CONTAINED HEREIN REPRESENT THE ENTIRE WARRANTY OF HEALTHSTREAM WITH RESPECT TO THIS AGREEMENT, AND ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE GATEWAYS AND THE SERVICES AND ALL OTHER OBLIGATIONS PROVIDED BY HEALTHSTREAM PURSUANT TO THE TERMS OF THIS AGREEMENT ARE PROVIDED "AS -IS" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL EITHER PARTY, OR THEIR PARENT COMPANIES AND AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTENT PARTNERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES RESULTING FROM USE OF THE GATEWAYS, ITS CONTENT OR LINKS, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, Services and License Agreement (Rev. 8102) Agenda Item No. 16F4 May 8, 2007 Page 5 of 11 DATA OR OTHER INTANGIBLES, EVEN IF A PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL THE AMOUNT OF DAMAGES PAYABLE TO CLIENT FROM ANY AND ALL PARTIES FOR ANY CLAIM ARISING FROM THE SERVICES OR THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, ITS WARRANTY PROVISIONS) EXCEED THE AMOUNTS PAID BY CLIENT TO HEALTHSTREAM UNDER THIS AGREEMENT. The amount of damages for which the Client may be liable shall be limited as provided by sovereign immunity under Florida law. 8. Indemnity Subject to the limitations of Florida law, both parties shall defend, indemnify and hold the other party, its officers, directors, employees, consultants and agents harmless from any loss, liability, damage, cost, or expense (including reasonable counsel fees and litigation costs), arising out of any claims or suits that may be made or brought by reason of the breach or alleged breach of the warranties or representations contained herein, or by reason of any infringement or alleged infringement of any patent, trademark, copyright or trade secret right resulting from the Services or Gateways. 9. Term and Termination. 9.1 Term. This Agreement shall be in effect for the duration shown on the first page of this Agreement. 9.2 Termination or Cancellation. This Agreement may be terminated or canceled upon the occurrence of one or more of the following events: by either party if the other party seeks protection under the bankruptcy laws (other than as a creditor) or any assignment is made for the benefit of creditors or a trustee is appointed for all or any portion of such party's assets; by either party in the event that the other party hereto has materially breached this Agreement; provided, however, that no such termination shall be effective unless (i) the terminating party provides the written notice ( "Termination Notice") via overnight courier to the other party setting forth the facts and circumstances constituting the breach, and (ii) the party alleged to be in default does not cure such default within ten (10) business days following receipt of the Termination Notice. In the event that the nature of the default specified in the Termination Notice cannot be reasonably cured within ten (10) business days following receipt of the Termination Notice, a party shall not be deemed to be in default if such party shall, within such ten (10) day period, present a schedule to cure the default, commences curing such default and thereafter diligently executes the same to completion within ninety (90) days. If the breach specified in the Termination Notice is timely cured or cure is commenced and diligently pursued, as provided above, the Termination Notice shall be deemed rescinded and this Agreement shall continue in full force and effect. Notwithstanding the foregoing, all Termination Notices for non - payment must be cured within thirty (30) days of receipt. In the event the default specified in the Termination Notice cannot be reasonably cured at all, a party shall be deemed to be in default. 9.3 Post Termination Obligations. In the event of termination of this Agreement by HealthStream due to a default by Client, all fees previously due or owing by Client and Students as of the date of termination will be immediately due and payable in full. In the event of termination of this Agreement by Client due to a default by HealthStream, HealthStream shall reimburse Client for any amounts paid by Client or Students for Services not provided prior to termination. This is in addition to any other remedies available to the parties at law. HealthStream shall provide all User Data to Client electronically in a text file format within thirty (30) days of termination of this Agreement for any reason. In the event that the County terminates this Agreement, Healthstream's recovery against the Client shall be limited to that portion of the Agreement Amount earned through the date of termination. Healthstream shall not be entitled to any other or further recovery against the Client, including, but not limited to, any damages or any anticipated profit on portions of the services not performed 10. Non - disclosure 10.1 Except as otherwise provided in this Agreement, both parties expressly undertake to retain in confidence all Confidential Information, and will make no use of such information except under the terns and during the existence of this Agreement. HealthStream may disclose Confidential Information as required by governmental or judicial order, provided HealthStream gives Client prompt notice of such order and complies with any confidentiality or protective order (or equivalent) imposed on such disclosure. 10.2 In the regular course of performing the Services, HealthStream may distribute certain User Data to licensing organizations for the benefit of Students. The release of such information is consistent with the current practice used by Students themselves when reporting educational activity for credit toward professional licensure. HealthStream will release only the minimum information required by these organizations to adequately credit Students for educational activities completed. 10.3 Client grants HealthStream an unrestricted, royalty -free, irrevocable license to maintain and distribute aggregated compilations of User Data ( "Aggregated Data ") such that Personal Information and the identity of Client is not included. Aggregated Data will be used for measurement of performance norms for all HealthStream clients and will likewise include performance information generated by other HealthStream clients. The process of collecting and generating Aggregated Data assists HealthStream clients to maximize the effectiveness of the Services for their employees. HealthStream will adhere to all Department of Health and Human Services or United States governmental regulations regarding privacy of User Data. The right to maintain and distribute Aggregated Data shall survive this Agreement. HealthStream will provide Client with Aggregated Data upon request. 11. Miscellaneous 11.1. Attorneys' Fees. In the event of breach by either party of any provision contained in this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs incurred in enforcement of the provisions of this Agreement against the defaulting or breaching party. 11.1 Headings. Captions and headings to sections are included solely for convenience and are not intended to affect the interpretation of any provision of this Agreement. 11.2. Amendments in Writino. No amendment, modification, or waiver of any provision of this Agreement shall be effective unless it is set forth in a writing that refers to this Agreement and is executed by an authorized representative of each party hereto. No failure or delay by any party in exercising any right, power, or remedy will operate as a waiver of any such right, power, or remedy. Services and License Agreement (Rev. 8/02) Agenda Item No. 16F4 May 8, 2007 Page 6 of 11 11.3. Third Party Rights. Except for Students, this Agreement is not intended and shall not be construed to create any rights for any third party. 11.4. Force Me sure. Neither party shall be liable nor deemed to be in default of its obligations hereunder for any delay or failure in performance under this Agreement or other interruption of service resulting, directly or indirectly, from acts of God, civil or military authority, any ads of war or civil unrest including, but not limited to, terrorist attacks, accidents, natural disasters or catastrophes, or strikes. 11.5. Independent Contractors. Each party to this Agreement is an independent contractor and this Agreement shall not be construed as creating a joint venture, partnership, agency or employment relationship between the parties hereto nor shall either party have the right, power or authority to create any obligation or duty, express or implied, on behalf of the other. 11.6. Entire Agreement: Severability, This Agreement, together with the schedules and other attachments referenced herein, contains a full and complete expression of the rights and obligations of the parties hereto. If any provision of this Agreement conflicts with any schedule or attachment to this Agreement, this Agreement shall control with respect to the subject matter of such attachment. This Agreement supersedes any and all other previous Agreements, written or oral, made by the parties concerning the subject matter hereof. If any provision of this Agreement is finally held by a court or arbitration panel of competent jurisdiction to be unlawful, the remaining provisions of this Agreement shall remain in full force and effect to the extent that the parties' intent can be lawfully enforced. Without limiting the generality of the foregoing, it is expressly agreed that the terms of any Client purchase order will be subject to the terms of this Agreement and that any acceptance of a purchase order by HealthStream will be for acknowledgment purposes only and none of the terms set forth in the purchase order will be binding upon HealthStream. 11.7. Publicity. HealthStream may identify Client as its customer and use Client's name in suitable advertising, press releases, and sales presentations as long as contract in force. Otherwise, HealthStream and Client will not use the name, service marks, trademarks, or trade secrets of the other party or any of its affiliates for any purpose without the other party's written consent. 11.8. Assignment. Subsidiaries. and Successors. It is understood and agreed that the parties are entering into this Agreement not only for their own benefit but also and equally for the direct benefit of their subsidiaries and affiliates, present and future, and that each and every right, benefit, remedy, and warranty accruing to the parties hereunder likewise accrue to the subsidiaries and affiliates of the parties, including but not limited to the right to enforce this Agreement in their respective names. This Agreement shall inure to the benefit of and be binding on any respective successors and permitted assigns of the parties. 11.9. Survival. In the event of termination of this Agreement, Articles 4, 5, 6, 7, 8, 10 and 11 shall continue in effect in accordance with their terms. Agenda Item No. 16F4 May 8, 2007 Page 7 of 11 Exhibit A Gateway Initialization Services HealthStream's Gateway Initialization Services will consist of the following processes required to make each Gateway operational. The processes below are not chronologically organized; selected processes below may be managed concurrently. Additional processes may be required to ensure each Gateway is made operational rapidly and efficiently. 1. User Import — HealthStream will import Client Personal Information into the e- Learning Service database so that each Student is recognized by the Gateway. Requirements from Client to complete User Import., — Provide Personal Information for each Student (per separate specification). — Approve integrity of Personal Information imported into the database. 2. Administrative Orientation — HealthStream will provide an overview of Healthcare Learning Center TM operation and administrative procedures to select Client personnel. Requirements from Client to complete Administrative Orientation: — Ensure key Client personnel attend HealthStream's training and implementation sessions as described in Section 2.5 herein. Agenda Item No. 16F4 May 8, 2007 Page 8 of 11 EXHIBIT B EMERGENCY MEDICAL SERVICES CONTENT Course Titles/Topic CE Hours EMS - 12 -Lead ECG and Fibrinolytic Screening for AMI 1.50 EMS - Abdominal and Genital Trauma 1.00 EMS - Advanced Aimay Management 1.00 EMS - Advanced Assessment and Management of the Shock Patient 1.00 EMS - Advanced Cardiac Assessment 1.00 EMS - Advanced Cardiac Pharmacology 1.25 EMS - Advanced Management of Environmental Emergencies 1.50 EMS - Assessment and Care During the First Four Weeks of Life 1.50 EMS - Assessment and Management of the Geriatric Patient 1.50 EMS - Assessment and Management of the Pediatric Patient 1.50 EMS - Basic Almay Management 1.00 EMS - Basic Assessment & Management of the Patient with Pulmonary Issues 1.00 EMS - Basic Cardiac Assessment 1.00 EMS - Basic Patient Assessment 1.00 EMS - Brain Attack: New and Emerging Therapies 1.50 EMS - Bum Trauma: From the Field to the Hospital 1.50 EMS - Children with S eciai Health Care Needs 1.25 EMS - Infections of the Respiratory System 2.00 EMS - Lightning Strikes 1.00 EMS - Manaqinq Multiple Patients in a Mass Casualty Event 1.00 EMS - Managing Stress in a Stressful Oaou ation 1.00 EMS - Managing Thoracic Trauma 1.00 EMS - Medical Causes of Altered Mental Status 1.00 EMS- Medical Conditions Involving the Endocrine System 1.00 EMS - Medication Toxicity 1.25 EMS - Pharmacology for the EMT -Basic 1.00 EMS - Pharmacology Update for the Paramedic 1.00 EMS - Prehos ital Management of Non - Traumatic Shock 2.00 EMS - Safe Management of the Behavioral Emergencies Patient 1.00 EMS - The EMS Response to Toxic Exposures 1.00 EMS - The Traumatic Effects of Mechanism of Injury 1.25 EMS - Therapeutic Communications 1.00 EMS - Traumatic Brain injury 1.00 EMS Response to Domestic Violence 1.00 EMS Response to Terrorism HazMat 5.50 Medical Legal Aspects of EMS 1.00 Aimay Management for Children with Special Healthcare Needs 1.00 Prehos ital Implications for HIV /AIDS Management 2.50 Aimay Management for Children with Tracheostomies 1.00 IV Therapy 1.00 Current Trends in Management of Spinal Cord Injury 1.00 Prehos ital Care of Pregnancy and Common Complications 1.00 Prehos ital Aspects of G nocelo ical Conditions 1.00 Aimay Management for Adults with Special Healthcare Needs 1.00 Aimay Compromise in Trauma Patients: Pediatric and Adult Considerations 1.00 Agenda Item No. 16174 May 8, 2007 Page 9 of 11 Exhibit C Implementation Services and Administration Training Clients will be provided assistance with an account manager during the implementation process. Implementation consists of four (4) basic steps: 1. General coordination and overview of Client organization and education requirements; 2. Technical consultation regarding reporting structure and Student database preparation for import; 3. Basic planning for Client roll -out and organizational usage of the Healthcare Learning Center; and 4. Review and acceptance of the Gateway and User Data structure. Client may send two (2) people to HealthStream's offices in Nashville for Healthcare Learning Center "^ Basic Administration Training. This training covers the basics of using the Healthcare Learning CenterTM from the administrator and Student perspective. It does not include training on the Authoring Studio or additional products purchased through the Healthcare Learning Center. Client must pay for their own travel, hotel, and incidental expenses. Client may send additional personnel for $750.00 per person. Additional or refresher training is priced as follows: Nashville $750.00 per person. Client pays own travel, hotel, and incidental expenses. Client Site $2,500.00 per day with a maximum of 8 people. Client pays HealthStream's reasonable travel, hotel, and incidental expenses. Collier County Florida Insurance Requirements INSURANCE TYPE REQUIRED LIMITS X 1. Workers' Compensation X 2. Commercial General Liability (Occurrence Form) patterned after the current I.S.O. form with no limiting endorsements. Agenda Item No. 16F4 May 8, 2007 Page 10 of 11 Statutory Limits of Florida Statutes, Chapter 440 & all Federal Government Statutory Limits and Requirements. Bodily Iniury & Property Damage $1.000.000 Single Limit Per Occurrence X 3. Indemnification: To the maximum extent permitted by Florida law, the Contractor/Vendor /Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor /Vendor /Consultant or anyone employed or utilized by the Contractor /Vendor /Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. 4. Automobile Liability Owned /Non- owned /Hired Automobile Included 5. Other Insurance as indicated below: a) Professional Liability b) Builder's Risk $1.000.000 Each Occurrence 6. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same contractor shall provide the County with certificates of insurance meeting the required insurance provisions. Collier County Florida Insurance Requirements Agenda Item No. 16F4 May 8, 2007 Page 11 of 11 (Continued) X 7. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability. X 8. Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE: The "Certificate Holder" should read as follows: Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 X 9. Thirty (30) Days Cancellation Notice is required. Agenda Item No. 16F5 EXECUTIVE SUMMARY May 8, 2007 Page 1 of 15 Recommendation to amend the Collier County Government Debt Management Policy OBJECTIVE: That the Board of County Commissioners amends the debt management policy for Collier County Government. CONSIDERATIONS: All debt proposed to be issued by Collier County Government is reviewed internally by the Finance Committee consisting of the following five voting members: the OMB Director, the Clerk of Courts Finance Director, the Senior Budget and Management Analyst responsible for capital projects in OMB, the Public Utilities Director of Fiscal Operations, and the Director of Utility Billing and Customer Service. The County's Financial Advisor is also an active participant in all Finance Committee discussions. The Collier County Board of County Commissioners approved the attached debt management policy on September 13, 2005 (agenda item 16F15). The major sections of the debt policy address the following topics: purposes and uses of debt, creditworthiness, debt structure, debt administration, long -term debt, financing team, and short-term debt and interim financing. Additionally, the Collier County Growth Management Plan has a policy limiting general government debt to 13% of bondable revenues. The formal excerpt from the adopted debt service policy is as follows: Debt Service Ratio A policy regarding the issuance of debt was adopted in the Growth Management Plan. According to that policy total general government debt service will not exceed 13 percent of bondable revenues considered to include all governmental revenues such as ad valorem taxes including Communication services Tax and state shared revenues, specifically gas taxes, state revenue sharing, and the half -cent sales tax. Formula Sum of Ad Valorem revenues plus Communications Service Tax plus Gas Tax Revenues plus Half -Cent Sales Tax plus State Revenue Sharing Revenues) divided by Fiscal Year Debt Service. The debt ratio calculation is determined annually and the ratio for FY 06 was 11.93%. The Finance Committee reviewed the elements contained within the ratio (the numerator reflecting the governmental debt Issued by Collier County and the denominator reflecting the general government bondable revenues). The review revealed the calculation in FY 06 included voter approved debt for the Conservation Collier land acquisition/management program and for the acquisition of the Caribbean Gardens. The Finance Committee recommends that voter approved debt be excluded from this calculation (exclude the tax revenue associated with debt service millage (numerator) and also exclude the associated voter - approved principal and interest payments (denominator). The Finance Committee review of the debt service ratio also noted that there are inconsistencies between the debt service included in the numerator of the ratio and the associated bondable revenues included in the denominator. Simple examples of these inconsistencies include the following: tourist taxes are being used to service the debt associated with the Vanderbilt Beach parking garage, building permit revenues are being used to service outstanding debt for the Development Services Agenda Item No. 16F5 parking garage, and impact fees and court facilities fees are servicing a variety of CorimMMiM,, FJ 6r loans and or capital projects (growth - related infrastructure). However, the existing 8maiii8h 5bf bondable revenues does not include development fees, court facility fees, parks and recreation fees, tourist tax revenue, and impact fees. A recommended amendment to the debt policy is outlined below: Amended: Debt Service Ratio A policy regarding the issuance of debt was adopted in the Growth Management Plan. According to that policy total general government debt service (excludes utility debt service) will not exceed 13 percent of bondable revenues considered to include all governmental revenues such as ad valorem taxes including the communication services tax and state shared revenues, specifically gas taxes, state revenue sharing and the half -cent sales tax. Also included are governmental impact fees, tourist development taxes, court facilities fees and fees and charges relating to developmental services and parks and recreation. Specific voter approved ad valorem debt service payments will be excluded, as well as the associated ad valorem revenues. Debt prepayments are not included in the Fiscal Year Debt Service calculation. Formula Sum of (Ad Valorem Revenues plus Communication Services Tax plus Gas Tax Revenues plus Half -Cent Sales Tax plus State Revenue Sharing Revenues plus Governmental Impact Fees plus Tourist Development Taxes plus Court Facilities Fees plus Developmental Charges plus Parks and Recreation Charges) divided by Fiscal Year Debt Service. The Commercial Paper loan program provides maximum flexibility as there is no penalty for early principal payments. As early retirement of outstanding principal reflects a very conservative financial philosophy, prepayments of principal shall be excluded from the debt ratio calculation. Individual requests for debt financing will still be evaluated on a case -by -case basis through bond rating agencies and commercial bank lending guidelines. The Finance Committee voted unanimously (5 -0) to recommend the changes in the debt management policy outlined above. The debt ratio calculation for FY 06 would be 8.25% inclusive of the recommended changes. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: Adoption of this amended policy affirms the long- standing policy in the Collier County Growth Management Plan that general government debt service will not exceed 13% of bondable revenues and eliminates inconsistencies between the debt service paid and the associated bondable revenues. RECOMMENDATION: That the Board of County Commissioners approves the amended debt management policy. Prepared by: Michael Smykowski, OMB Director Agenda Ite No. 16F5 Agenda Item No. 16F15 ay 8, 2007 September 3 2of 14 P ge 3 of 15 Collier County Debt Management Policy The objective of this Debt Management Policy is to provide ongoing guidance to the Administration and Clerk of the Circuit Court of Copier County ( "County') as to the Hoard of County Commissioners' ('Board'] desirm with respect to management of the County's debt. Upon adoption, the Debt Management Policy will determine in most cases the action required by staff in the whainisaetion of debt and define limits upon other actions that require specific approval of the Board. The County issues debt under several types of security. The general obligation credit is secured by the County's ability to levy ad vakrem taxes on real and personal property within the County. The limited ad valorem tax pledge is crenated by voter referendum setting the millage for and purpose of the issuance of debt. Assessment bonds are seemed by special assessment upon the property owners benefiting from specific improvements to their corununity. Revenue bonds are secured by dedicated revenue streams arising from Was taxes, special taxes and charges for services, such as water, sewer and solid waste collection and disposal. Several guiding principles have been identified that provide the fi9nework within which the issuance, management, continuing evaluation of and reporting on all debt obligations issued by Collier County takes place. These principles are incorporated in the current process and it is intended that they be incorporated into the formal policy document as follows: PURPOSESAND USES OFDEBT Asset a The County will consider long -term financing for the acquisition, maintenance, replacement, or expansion of physical assets (including land) only if they have a useful life of at least five years. Debt will be used only to finance capital projects and equipment, except in case of emergency. County debt will generally, not be issued for periods exceeding the useful lift or avenge useful lives of the project or projects to be financed. Agenda Its No. 16F5 Agenda Item September 13, 2005 M y 81 2007 Page 4 of 14 Page 4 of 15 CM" Fing,, Debt of longer amortization periods will be issued for capital projects when it is an sppropriate means to achieve a fair allocation of costa between current and future beneficiaries. Debt shall not, in general, be used for projects solely because insufficient funds are budgeted at the time of acquisition or construction. To the degree possible, the County will rely cm specifically generated funds and/or grants and contribution; from other govemmem, to finance its cgtitd needs on a pay as you go basis. To achieve this it may become necessary to am= short term (not exceeding 5 yeas amortization) construction funding. Such fronting is anticipated and allows maximum flexibility in CIP implementation. Debt Guarantee The County may consider, on case -byaue basis, the use of its debt capacity for legally allowable capita pmjacts by public development authorities or other special purpose units of goverment CREDIMORTHMESS Credit Rednea Collier County seeks to maintain the highest possible credit ratings for all categories of short- and long -term debt that can be achieved without compromising delivery of basic Court services and achievement of adopted County policy objectives. Financial Disclosure The County is committed to full and complete financial disclosure, and to cooperating fully with rating agencies, institutional and individual investors, County Operating Departments and agencies, other levels of government, and the general public to sbare clear, comprehensive, and accurate financial and other relevant mfotmalion. The County is committed to meeting secondary disclosure requirements on a timely and comprehensive basis. The Clerk of the Circuit Court's Finance Department is responsible for ongoing disclosure to established national information repositories and for maintaining compliance with disclosure standards promulgated by state and notional regulatory bodies, and may carry out such responsibility thnough the engagement of an outside dissemination agent Agenda Item No. 16F5 Agenda Item No. 16F15 May 8, 2007 September 5 2005 4 Page 5 of 15 Canard PLnminr To auhmce creditworthiness and product fitancial mamsgcment, CoOia County is committed to systematic capital planting, intagovmnmenta cooperation and coordination, and long -tam Swncial planning. Evidence of this commitment to systematic capital planning is demonstrated through adoption and periodic adjustment of a Comprehensive Plan pum ant to Chapter 163, Florida Statutes, the Florida Growth Management Act and Rule 9 15, and the adoption of the five year Capita Improvement Plan (CIP). Debt Limits The County will keep outstmding debt within the limits proscribed by State statute and County policy and at levels consistent with its creditworthiness, bat practices, needs and affordability objectivaa. Debt Service Rodo A policy regarding the issuance of debt was adopted in the Growth Management Play According to that policy total general govemarrem debt service will not exceed 13 percent of bondable menues considered to include all governmental tevenues such as ad valorem taxes including Communication Services Tax and state - shared revenues, specifically gas taxes, strata revenue sharing, and the half -cent sales tax. Formula Sum of (Ad Vakucm Revenues plus Communication Service Tex plus Gas Tax Revenues plus Ralf -Cent Sales Tax plus State Revenue Sharing Revenues) divided by Fiscal Year Debt Service Voter Anmwred Drat General Obligation and Limited Ad Valormt debt is voter- approved A determination should be made before presenting issues to voters that the County's general "edit will not be impaired by issues of the proposed debt. The "edit evaluation will consider debt to assessed value of =able property, debt per capita, per capita debt to per capita income, percentage of debt repaid within ten years, debt service expense to total general govemmenW expenditures and other such ratios considered by credit rating agencies and bond insurers. Agenda Item No. 16F5 Agenda Item 2oo5 May 8, 2007 Page s of to Page 6 of 15 Debr Servf": C Y2 The creditworthiness of rovemte- baclmd debt, whetbor tax manes a utility renames, is generally measured by debt service coverage, that is, the number of times the pledged menus atrram coven the maximrm annual debt service Acceptable coverage levels vary from one type of credit in mother and from time to limo. Prior to ismence of revenue- backed debt, an evaluation of projected coverage will be made to determine that the credit rating of the debt will not be impaired by the proposed issuance m foreseeable forme debt issuances. DEBTSTRULTURE Learth efDebi Debt will be structured for the shortest amortizmfon period con5istom wiib a fair allocation of costs to content and future boncliciaries or 1154111. The average life of debt will not exceed the average life of assets szgmed Debt Sugars rc Debt will be structured to achieve the Iowan possible net Post to the County given market conditions, the urgency, of the capital pmject, and the meme and type of security provided Mormver, to the extent possible, the Comfy will design the repayment of in overall debt so as to recapture rapidly its credit capacity for future use. BacMoadlsr The County will normally seek to structure debt with level principal and interest costs over the life of the debt. "Bmkloading" of costs will be considered when natural disasters or extraordinary or unanticipeted axtemal factors make the short-term cost of the debt prohibitive, when the benefits derived from the debt issuance can clearly be demonstrated to be greater in the future than in the present, when such structuring is beneficial to the Countys overall amomextion schedule, or when such structuring will allow debt service to more closely match project revenues during the early years of the project's operation. Subordinate Debt The County may issue subordinate debt only if it is financially beneficial to the County or consistent with credimorddness objcotives. Agenda Item No. 16F5 Agenda ptember 13,20D5 May 81 2007 Page 7 o 14 Page 7 of 15 Refundbi The County's wa6and dvison will undertake periodic reviews of all outstanding debt to determine refunding opportunities. Refunding will be considered (within federal tax law constraints) if and when them is a net economic benefit of the refunding or the refunding is essential in order to modernize covenants essential to operations and managanent. In general, advance minadings for economic savings will be undertaken when a net present value savings of at lent five percent of the iefundd debt can be achieved For an advance refunding the five percent threshold is a reasonable assumption to assure the use of the one allowable advance refunding is pmfitable. Five percent savings is often considered a benchmark but any advance mfundings that produce a smaller net present value saving may be considered on a case-by-case basis. Current refimdings that produce a net present value saving of less than five percent will be considered on a case -by -case basis. Refundings with negative savings will not be considered unless them is a compelling public policy or legal objective. Credit Enhancements Credit enhancement, such as team of credit and bond insurance, will be secured when net debt service on the bonds is reduced by more than the costs of the enhancement. DerhwWes The use of derivatives, such as interest rate swaps, options to execute swaps, forward transactions and other hedging mechanisms may be appropriate when they achieve a specific financial objective consistent with overall financial policy and related risks are analyzed are understood and we considered reasonable in the circumstances. Either knowledgeable County staff, or the County's Financial Advisor, shall prepare an analysis of any proposed derivative transaction delineating how the derivative fits within the overall debt management program, what type of derivative being employed and the mechanics of the trartsaction. The analysis will identify and evaluate all relevant risks of the transaction. This section does not endorse the use of derivatives for investment purposes as armed in the Collier County Investment policy, which specifically prohibits the use of any derivative instrument for investment purposes. Agenda Item NoAEPtgda Item No. 16F5 September 13, 4005 May 8, 2007 Page B of 14 Page 8 of 15 DEBT ADMWISTJUTION Fintmce Committee As part of the debt maragmem pmerss, the Finance Committer C FCC currently operates to review and make recommendations regarding the immnce of debt obligations and the management of outstanding debt. The FC currently consists of representatives of the Budget Department, Clerk of the Circuit Court and other County Manager Agency representatives as designated by the County Manager. Others participating in the FC's efforts to provide technical expertise and advice include representadves from fimu serving as the County's Financial Advisor, Disclosure Counsel and Bond Counsel. Consultants participate upon the FC's request The FC coandan all outstanding add proposed debt obligations, and develops recommended action on issues affecting or relating to the weditwMbiness, security and repaymmt of such debt obligations, including but not limited to procurement of services; structure, fepaymwt terms and mvenadts of the ptposed debt obligation; and issues which may affect the security of the bonds and primary and secondary market disclosure to bondholders. Annual Debt Bmpte The FC will be responsible for preparing and releasing an Annual Debt Report to the Board Such report shall pedain to the prior Fiscal Year, and may include the following elemems: (1) calculations of the appropriate ratios and measurements necessary to evaluate the County's crodit and that of its various Entmdse System', as compared with acceptable municipal standards; (2) information related to my sign(ficant events affecting outstanding Debt. including conduit debt obligations; (3) an evaluation of savings related to any mfusecing activity. (4) a summary of any changes in Federal or State laws affecting the County's debt program; and (5) a summary statement by the FC w to the overall status of the County's debt obligations and debtmanagement activities. Agenda Item No. 16F5 Agenda Rem No. 16FIS May 8, s 2007 September 13, 2005 Page of a Page 9 of 15 Reoorr to Bondholders The Comity, through the Clark of the Circuit Court's Finance Department shall prepare and release to all interested parties the Comprehensive Annual Finmrcial Report ("CAFR'I which will act as the ongoing disclosure document required under the Continuing Disclosure Rules promulgated by the Securities Exchange Commission (SEC Rule 15c2- 12(bx5)]. This report shall contain general and demographic information on Collier County, and a discussion of Grneral Government activities, the Water and Wastewater System, Solid Waste System and any additional systems that may subsequently be established by the County. The information presented on General Government and on each Enterprise System shall comply with the disclosuro obligations set forth in the Continuing Disclosure Certificates issued in connection with is debt obligations, and may include information on the following; service areas, rate and charges, financial statement excerpts, outstanding and proposed debt a summary of certain bond resolution provisions, a management discussion of operations, and such other information as the Comity shall dam to be important. The report shall also include selected Notes to the Financial Statements and, to the extent available, information on conduit debt obligations issued by the County on behalf of another entity. Investment of Bond and Note Proceeds All proceeds of debt incurred by the County, other it= conduit debt obligations, are invested u part of the County's consolidated cash pool unless otherwise specified by the bond covenants. Investments are consistent with those authorized by existing County and State law and by the Countys investment policies. Carts and Feer AE costs and fee related to issuance of bonds, other than conduit bonds, are paid out of bond proceeds or by the project lead Operating Department. Fsnanefns, Proaosod Any capital financing proposal to a Comity Operating Depurtmart, Agency, or Utility involving pledge or other cxtonsion of the Countys credit through sale of securities, execution of lour or Imes (excluding State Revolving Fund loans), marketing guarantees, or otherwise involving directly or indirectly the lending or pledging of the County's credit is referred to and reviewed by members of the FC. Agenda Item No. 16175 Agenda hem No. F15 May 8, 2007 September tip of o14 Page 10 of 15 .4M Bond FWartelna periodically the County is appmachad with a request to provide conduit bond framing for qualified projects through the Cotter County Health Facilities Authority, Housing Authority ar industrial Development Authority. Applications for such issues are processed pursuant to guidelines approved by the Boer& The Financial Advisor, Bond Counsel. and Couaty Attorney eta$ in coordination with the Health Facilities Authority and Industrial Development Authority, will review all applications m provide a funding recommendation to the Board LANG TE" RED_T Bond and Nose Safer After obtaining approval by the Board to incur debt, the requesting entity, in conjunction with the FC, assists in the production of appropriate resolution for consideration by the Board Before the sale of bonds m notes, the requesting Operating Depamneot assists in the development of a "Sources. Uses, and payment" memo to the Director of Finance identifying souree and use of bond proceeds, Funds and/or Sub-Funds and/or account codes for deposit of all Bbond Proceeds, and Funds and/or Sub - Accounts for payment of debt ar =. No bonds, notes or other fortes of indebtedness ate incurred by the County without submission of a "Sources, Uses, and payments" memo to the Board by the Director of Finance and Budget Director, CoatoAMm Sale In general, County debt is issued through a competitive bidding process. Bids we awarded on a Tme Interest Cost basis ('71C'), provided other bidding requirements are satisfied. In such instances where the County in a competitive bidding deans the bids received unsatisfactory, it may, at the election of the Board, enter into negotiation for sale of the securities. Neeodared Safe Negotiated sale of debt is considered when the complexity of the issue requires specialized expertise, when the negotiated sale would result in substantial savings in time or money, when market conditions are unusually volatile, when the County's credit a problematic or when a negotiated sale is otherwise in the beat interest of the County and authorized by a resolution to that effect by the Board. Agenda Iterh No. 16F5 Agenda Item No. 16Ft5 ay 8, 2007 September 13, 2005 Pa e 1 of 15 Page 11 of 14 SelecAm Process The FC makes recommendations to the Board as to the selection of underwriter, bond counsel, disclosure counsel ad financial advisors. The Board makes all final detemrimtioas. That determination is made following an independent review of responses to requests for proposals (" .FPs") or requests for qualifications ('WQe'j by the County's management as described below. UnderwrLsrs For all competitive ales, underwriter arc selected by their competitive bids on bonds. For negotiated sales. under writeat are selected through an RFP proceas to appoint a pool of undenmiters for a term of up to five years. From that poo4 senior managing underwriter for individual financings are selected through a "mW -RFP" process, bead on tbcir qualifications to manage the particular transaction under considerat ion. The FC will conduct the evaluation of responses to Ms and mmi -RFPs. Road Caumf The County terms external bond counsel for all debt issues. All debt issued by the County includes a written opinion by bond counsel affirming that the County is authorized to issue the debt and determining the debt's federal income tax arms, Bond wunsel is engaged for a term of up to five year through a competitive process approved by the Board and administered by the County Attorney. The selection criteria include a requirement for comprebansive municipal debt experience. Disclosure Commas! The County mufins external Disclosure Counsel for all public offerings. Disclosure Counsel render an opinion to the County (and a reliance letter to the underwriter if requested) in connection with each such offering to the effect tbat, with certain conditions, nothing came to their attention to mclicau the offering document contains any untrue statement or omits a material fact required to be included Disclosure Counsel shall provide legal advice to the County to waist it in meeting its secondary market disclosure obligations. Disclosure Counsel is engaged in the same manner as Bond Counsel. Agenda Its No. 16F5 Agenda Item No. 16FIS M y 8, 2007 September 1122015 Pag 12 of 15 fladmwjAmW Caunaef On negotiated public offaingam the senior managing underwriter may select counsel, subject to approval by the County, to be compensated as an expense item to be negotiated as part of the goes underwriting spread. F&jmc f Adrlaor The County retains a Financial Advisor, selected for a tern of up to five years, through an RFP process administered by the Countys Office of Management and Budget. Financial Advisors are required to have comprehensive municipal debt experience, inchrding diverse financial structuring and pricing of municipal securities. For each County bond sale the Financial Adviam will assist the County in determining the optima® structure of the debt and negotiating favorable pricing terms and managing the debt issuance process. In addition to transactional tasks, the Financial Advisor will advise the County on strategic financial planning matters and assist in management and operational evaluations and improvements where appropriate and as directed by the County. Fovfna Aeanr The County may utilize a Paying Agent on all County indebtedness, except for short-term commercial paps[ borrowings. The fleas and expenses for servicing outstanding bonds are paid from the appropriate debt service fund, unless specified otherwise by the Cowry. Other Service Providms The County may periodically select other service providers (e.g., escrow agents, verifleation agents, trustees, arbitrage consultants, etc) as necessary to meet legal requirements and minimize net County debt costs. These services can include debt restructuring setvices and security or escrow purchases. The County may select firm(s) to provide such financial services related to debt without a RFP or RFQ, consistent with County and State legal requirements. Arhftnase Cosndlana The Department of Finance maintains a system of record keeping and reporting to meet the arbitrage rebate compliance requirements of the federal tax code. Arbitrage rebate liabilities will be calculated and recorded in the County's financial statements annually by an nsdependent, qualified consultant The County may select finals) to provide such financial services related to debt without a RFP or RFQ, consistent with County and State legal requirements. Agenda Ite No. 16F5 Agenda Item No. I 15 tv a 8, 2007 September 13.2005 t� y Page 0(14 Pa e 13 of 15 SHORT- TERMDERT AND INTERIM FDVANCING Varfabie Rare Debt The County may choose to iuuc securities that pay a rate of interest that varies according to pre- dgeradned formula or results from a periodic rcmazlroting of the securities, consistent with state law and covenants of pro-existing bonds, and depending on market conditions. The County will limit its outstanding bonds in variable rate form to reasonable levels in relation to total debt and unhodged short -tarn investments, w determined by an uset/lisbility management analysis. Short Tens Nora Use of short-term borrowing such as bond anticipation notes and tax - exempt commercial paper, will be undertaken only if the transaction costa plus intense of the debt we less than the cost of internal financing, or available cash is insufficient to meet working capital requirements. State Reaolvlaa FuadProenm This program provides fiords for projects involving water supply and distribution facilities, stormwater control and Mammal projects, air and water pollution control, wastewater collection and processing and solid wage disposal facilities. Whenever possible, this program will be utilized since the costs associated with issuing the state's bonds are low and local agencies benefit from the strength of the state's credit. Commercial Pay n The County may choose to issue Commercial Papa as a source of interim financing for projects contained in the County's approved Capital Improvement Plan if determined by County staff and PC that this type of financing would be most cost effective. All -- Commercial Paper issues shall be approved by the Baud of County Commissioners. Linea and Letters of Credo When directed by the PC, the County has the power to enter into agreements with oomnrercial banks or other financial entities for purposes of acquiring tines or letters of credit that shall provide the Comity with access to credit under Lemma and conditions as specified in such agreements. Before entering into any such agreements, it should be determined what would be feasible by the County staff and approved by the Baud of County Commissioners. Agenda Ite No. 16F5 6F 5 �eSeptember 113, 2005 M Y 8, 2007 Page 14 of u_ Page 14 of 15 Beak La", the County may choose to issue Bank Loam for a term of not mare [hart twenty years to provide an alternative option to smaller financing needs that require a longer wortirstion than interim financing options. Before issuing such notes it mast be determined to be feasible by the County staff and FC. Bank loan providers are selected through an RFP process to appoint a Bank based on their qualificatiom to manage the particular transaction under wmid=tion and lowest interest cost to the County. The FC will conduct the evaluation of response to RFPa. Boyd Anddearfoe New The County may choose to issue Bond Anticipation Notes as a source of interim construction financing Before issuing such note, takeout financing for such note must be planned for and determined to be feasible by time County staff and FC. Bond Anticipation Notes may be sold in either a competitive or negotiated sale once approved by the Board of County Commissioners. Page I of 1 Agenda Item No. 16P5 May 8, 2007 Page 15 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16F5 Item Summary: Recommendation to amend the Collier County Government Debt Management Policy. Meeting Date: 51612007 0'00.00 AM Approved By OMB Coordinator Administretive Assistant Date county Managers Office Office of Management & Budget 51W2007 1:19 PM Approved By Michael Smykowskl Management B Budget Director Date County Marin B Office Office of Management B Budget 51212007 1:38 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 5192007 1:39 PM file: / /C:\AgendaTest \Export\82 - May% 208, %202007\16. %2000NSENTa /o20A GENDA\ 16F.... 5/2/2007 Agenda Item No. 16H1 May 8, 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 Cleveland Club "Spring Break" Dinner PUBLIC PURPOSE: To participate in the Cleveland Club "Spring Break" Dinner and network with constituents. DATE OF FUNCTION/EVENT: March 25, 2007 FISCAL IMPACT: $25.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Donna Fiala to attend function serving a valid public purpose. PREPARED BY: Kendra Hastings, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: Tuesday, May 8, 2007 Page 1 of 1 Agenda Item No. 16H1 May 8, 2007 Page 2 of 3 file: / /C:\AgendaTestTxport \82- May %208, %202007\ 16. a/ 2000NSEN'P/ 20A(3ENDA\ l6H.... 5/22007 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 16H1 Item Summary: Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Cleveland Club "Spring Break" dinner on March 25. 2007 at the Cypress Woods Golf & Country Club', $25.00 to be paid from Commissioner Fiaia'a travel budget. Meeting Date: 5/8/2007 9:00.00 AM Prepared By Kendra Hastings Executive Aid. to the BCC Data Board of County BCC Office 6117120079:37: 09 AM Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 411712007 11:56 AM Commisei.mus Approved By James V. Mudd County Manager Date Board of County County ManagoYs Dffice 4(2612007 11:36 AM Cammisslonars file: / /C:\AgendaTestTxport \82- May %208, %202007\ 16. a/ 2000NSEN'P/ 20A(3ENDA\ l6H.... 5/22007 Agenda Item No. 16H1 May 8, 2007 Page 3 of 3 You are cordially invited to attend "Spring Break ", a dinner party sponsored by The Cleveland Club of Southwest Florida. It will be held on Sunday, March 25th in the Clubhouse of Cypress Woods Goff & Country Club, 3525 Northbrooke Dr. It is located off Immokalee Rd, (2 traffic lights east of 1 -75). The evening starts at 6:00 p.m. with a cocktail hour. Note:tips are included in the price of drinks. A buffet dinner will be served at 7:00 p.m., featuring three entrees — beef, baked salmon and noodles alfredo. Music for your listening pleasure will be provided by Joe Turner who performs regularly at Fusion's. Tab for the evening is $25 per person, covering dinner, tip, hall rental, printing, mailing and entertainment — payable in advance. Make checks payable to The Cleveland Club and mail to 25800 Hickory Blvd., V408, Bonita Springs, 34134. Because of limited space, it is essential that the deadlineof-Saturday. March 17th be observed. Only tables of 8 will be available. There will be assigned seating for everyone, regardless of group size. Be sure to indicate your seating preferpri in writing. Dress for the party is smart casual. Questions? Cali Diane- at,992 -6723. Agenda Item No. 161-12 May 8, 2007 Page 1 of 4 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Donna Fiala Fifth Annual Tourism Week Awards Celebration PUBLIC PURPOSE: To participate in the Fifth Annual Tourism Week Awards Celebration and network with constituents. DATE OF FUNCTIONIEVENT: Wednesday, May 16, 2007 FISCAL IMPACT: $30.00 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, May 8, 2007 Page 1 of 1 Agenda Item No. 161-12 May 8, 2007 Page 2 of 4 file:OC: \AgendaTest\Export \82- May% 208,°1. 202007\16. %2000NSENTa /o20AGENDA\ 1611_.. 52/2007 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16H2 Item Summary: Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the Fifth Annual Tourism Week Awards Celebration on Wednesday. May 16 2007. $30.00 funds to be paid from Commissioner Fiala 's travel budget. Meeting Date: 511312007 990.00 AM Prepared By Kendra Hastings Executive Aide to the BCC Date Board of County Commissioners BCC Offce 420120072: 19: 21 PM Approved By Sue Filson Executive Manager to the BCC Data Board of County Commissioners BOC Office 412012007 211 PM Approved By James V. Mudd County Manager Data Board of County Commissioners County Manager's Office 412512007 7:33 PM file:OC: \AgendaTest\Export \82- May% 208,°1. 202007\16. %2000NSENTa /o20AGENDA\ 1611_.. 52/2007 Agenda ID9$Jb.OkA2 May 8, 2007 Page 3 of 4 HastingsKendra From: HaschakNicole Sent: Tuesday, April 17, 2007 2:32 PM To: Fiala d Subject: RE: Tourism Week Celebration - Save The Date - May 16, 2007 Hi Kendra, The event will be $30 — I am checking on what company the check should be made out to — invitations have not yet gone out. They are at the printers and should be going out next week I'll find out about the checks and let you know. Warmest Regards from the Paradise Coast, Niccole Haschak Sales & Marketing Asst. Naples Marco Island Everglades Convention & Visitors Bureau 3050 Horseshoe Drive N., Suite 218 Naples, FL 34104 Direct: (239) 530 -5380 Fax: (239) 403 -2404 Nicc_oleHaschak @C_ollierGov.net www. ParadiseCoast.com Welcome to Florida's Last Paradise! From: fiala d Sent: Tuesday, April 17, 2007 9:39 AM To: HaschakNicole Subject: RE: Tourism Week Celebration - Save The Date - May 16, 2007 Nicole, I need a price for this event please. She'd like to attend. Sincerely. ICeAdtw lfastings Kendra Hastings Executive Aide to Commissioner Donna Fiala Phone: 239-774-8097 Fax: 239-774-3602 Email: kendrahastngs @coljiergov.net From: HaschakNicole Sent: Tuesday, March 20, 2007 1:34 PM To: fiala_d; HalasFrank; henning_t Subject: Tourism Week Celebration - Save The Date - May 16, 2007 4/17/2007 Save The Date Fifth Annual Tourism Week May 16, 2007 Location: The Ritz- Carlton Golf Resort, 11:00am — Press Conference - Tourism Indu Annual Update 11:30am — Registration and Networking 12:00pm — Luncheon and Awards Celebrab 4/17/2007 Agenda DAVOG2 May 8, 2007 Page 4 of 4 Agenda Item No. 16H3 May 8, 2007 Page 1 of 3 EXECUTIVE SUMMARY Commissioner request for Board approval for payment to attend function serving a valid public purpose. OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations /organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Frank Halas FUNCTION/EVENT: 2007 Paradise Coast Tourism Star Awards and 5`h Annual Collier County Tourism Week Celebration at The Ritz - Carlton Golf Resort in Naples, Florida. PUBLIC PURPOSE: Meet and interact with local community and business leaders and support the efforts of the Naples, Marco Island, Everglades Convention & Visitors Bureau. DATE OF FUNCTION /EVENT: May 16, 2007 FISCAL IMPACT: $30.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with resolution No. 99 -410, approve reimbursement by the Clerk for meals provided to Commissioner Frank Halas while serving a valid public purpose. PREPARED BY: Sandra Lea, Executive Aide to BCC Page 1 of 1 Agenda Item No. 16H3 May 8, 2007 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16H3 Item Summary: Commissioner Holds requests approval for reimbursement for attending a function serving a valid public purpose. Attending the 2007 Paradise Coast Tourism Star Awards and 5th Annual Collier County Tourism Week Celebration on May 18, 2007 at The Ritz- Carlton Golf Reach, Naples. Florida. $30 00 to be paid from Commissioner Halas'travel budget. Meeting Date: 5Ia2007 9:00:00 AM Approved By Sue Filson Executive Manager to the BCC Bete Bcertl of County BCC Office 412520071:17 PM Commissioner Approved By James V. Mudd County Manager Data Board of County County Manager's Office 4125120077:32 PM Commissioners file: / /C:\AgendaTest \Export \82 - May %208,%202007\ 16.%a2000NSENT%a20AGENDA\ 16H.... 522007 Agenda Item No. 161-13 May 8, 2007 Page 3 of 3 .a^.«i4 r,e ^rvnv i,�q ^��, 1 „M1+u-0Y+iir:ubwk'� Agenda Item No. 16H4 May 8, 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 funetion/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 East Naples Civic Association monthly meeting /luncheon PUBLIC PURPOSE: To speak at the East Naples Civic Association monthly meeting /luncheon and network with constituents. DATE OF FUNCTION /EVENT: Thursday, April 19, 2007 FISCAL IMPACT: $21.00 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, May 8, 2007 Page 1 of 1 Agenda Item No. 16H4 May 8, 2007 Page 2 of 3 file: / /C:\AgendaTest\Export\82- May %208, %202007 \16. %2000NSF.NP / 20AGENDA \I6H.... 5/22007 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16H4 Item Summary: Commissioner Fiala requests Board approval for reimbursement for attending a function serving a v.I,d public purpose. Attended the East Naples Civic Association Monthly Meeting /Luncheon at Carrabba's Restaurant on April 19. 201 $21.001. be paid from Commissioner Bad s travel budget. Meeting Dale: 516/2007 9'00'.00 AM Prepared By Kendra Hastings Executive Aide to the BCC Date Board of County BCC Office 412612007 4:38:40 PM Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 412712007 200J 10:04 AM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 412712007 6'.04 PM Commissioners file: / /C:\AgendaTest\Export\82- May %208, %202007 \16. %2000NSF.NP / 20AGENDA \I6H.... 5/22007 t a w V w ce :F: RENT Agenda Item No. 161-14 May 8, 2007 Page 3 of 3 r Agenda Item No. 161-15 May 8, 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 FUNCTIONIEVENT: Marco Island Kiwanis Annual Crab Claw Dinner PUBLIC PURPOSE: To participate in the Marco Island Kiwanis Annual Crab Claw Dinner and network with constituents. DATE OF FUNCTION/EVENT: Tuesday, April 17, 2007 FISCAL IMPACT: $20.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner 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, May 8, 2007 Page 1 of 1 Agenda Item No. 16H5 May B, 2007 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16H5 Item Summary: Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Adsorbed the Marco Island Klwanis Annual Crab Claw Dinner on Tuesday. April 17, 2007 at the Isles of Capri Community Center. $20.00 to be paid from Commissioner Fiala 's travel budget. Meeting Date: 51012007 9'.00:00 AM Prepared By Kendra Hastings Executive Aide to the BCC Date Board of County BCC Office 4130120073:12:14 PM Commissioners Approved By Sue Filson Executive Manager to the BCC one Board of County gCC CI 511 /200> 1:47 PM Commissioners Approved By James V. Mudd County Manager Dete Board of County County Manager's Office 511/2007 4:34 PM Commissioners file: / /C: AgendaTest \Export\82 - May /208,% 202007 \16. ° /2000NSENT%20AGENDA \l6H.... 5/2/2007 Agenda Item No. 161-15 May 8, 2007 HastingsKendra Page 3 of 3 From: Shirlee Barcic (barcic @marcocable.com] Sent: Monday, April 30, 2007 11:34 AM To: fiala_d Subject: Crab Claw dinner Donna: Thank you for attending the Marco Island Kiwanis Foundation Annual Crab Claw Dinner on April 17, 2007 at the Isle of Capri Community Center. We appreciate your donation of $20.00 per person to cover costs of the dinner. Shirlee Barcic V.P., Kiwanis Foundation of Marco Island 1 Page 1 of l Agenda Item No. 16H6 May 8,2007 Page 2 of 2 file : / /C: \AecndaTest\ExDort\82 -Mav %208 % 202007\ l6 . ° /.2000NSENT%20AGENDA \16H.... 5/2/2007 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16116 Item Summary: Proclamation to designate May 10, 2007 as World Loons Day to increase awareness In communities worldwide of the debilitating impact of lupus. Proclamation will be mailed to Mr. Joshua M. Estrin. Executive Director of the Lupus Foundation of America. He will not be present to accept. Meeting Date: 5 /812007 9.00 00 AM Prepared By Lisa Resnick Executive Aide to the BCC Der. Board of County Commissioners BCC Office 61251200]t2:50:12 P M Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 4125120 07 1-21 PM Commissioners Approved By James V. Mudd County Manager Data Board of County Commissioner County Managers Office 41251200] 7:36 PM file : / /C: \AecndaTest\ExDort\82 -Mav %208 % 202007\ l6 . ° /.2000NSENT%20AGENDA \16H.... 5/2/2007 Agenda Item No. 1611 May 8, 2007 Page 1 of 4 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE May 8, 2007 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Districts: 1. Heritage Greens Community Development District: Resolution 2006- 5 Designating Registered Agent and Office; Minutes of November 6, 2006; Agenda of November 6, 2006. 2. Verona Walk Community Development District: Proposed Budget for FY 2007/2008. 3. Port of the Islands Community Improvement District: Minutes of March 9, 2007; Agenda of March 9, 2007; Consent to Use Easement Area. 4. Naples Heritage Community Development District: Minutes of January 8, 2007; Agenda of January 8, 2007. B. Minutes: 1. Collier County Planning Commission: Agenda of May 3, 2007; Minutes of March 15, 2007; Minutes of March 22, 2007; Minutes of March 29, 2007; Agenda of April 5, 2007; Minutes of January 18, 2007; Minutes of February 1, 2007 Regular Session; Minutes of February 1, 2007 Special Session; Minutes of February 15, 2007. 2. Bayshore /Gatewav Triangle Community Redevelopment Advisory Board: Agenda of February 6, 2007; Minutes of February 6, 2007; Agenda of February 6, 2007 Workshop; Minutes of February 6, 2007 Workshop. 3. Environmental Advisory Council: Agenda of April 4, 2007; Minutes of March 7, 2007. H: \DATA\FRONT DESK - 2007 \2007 Miscellaneous Correspondence \050807_misc_corr.doc Agenda Item No. 1611 May 8, 2007 Page 2 of 4 4. Collier County Library Advisory Board: Agenda of March 21, 2007; Minutes of February 28, 2007. 5. Immokalee Beautification M.S.T.U. Advisory Committee: Agenda of March 28, 2007. 6. Collier County Hispanic Affairs Advisory Board: Agenda of February 22, 2007 (Meeting Cancelled Due to Lack of Quorum; Minutes of January 25, 2007; Agenda of January 25, 2007. 7. Vanderbilt Beach M.S.T.U. Advisory Committee: Agenda of April 5, 2007; Minutes of March 1, 2007; Minutes of March 22, 2007 Special Meeting. 8. Golden Gate Community Center Advisory Committee: Agenda of March 5, 2007; Minutes of March 5, 2007. 9. Lely Golf Estates Beautification M.S.T.U. Advisory Committee: Agenda of April 19, 2007; Minutes of March 15, 2007. 10. Immokalee Master Plan and Visioning Committee & Community Redevelopment Agency Advisory Board /Enterprise Zone Development Agency: a. Immokalee Local Redevelopment Advisory Board and Immokalee Master Plan and Visioning Committee: Agenda of February 21, 2007; Minutes of February 21, 2007. b. Enterprise Zone Development Agency: Agenda of February 21, 2007; Minutes of February 21, 2007. C. Immokalee Local Redevelopment Advisory Board: Agenda of February 21, 2007; Minutes of February 21, 2007. 11. Conservation Collier Land Acquisition Advisory Committee: Agenda of April 9, 2007. 12. Collier County Citizen's Corps Advisory Committee: Minutes of March 21, 2007; Agenda of March 21, 2007. H: \DATA\FRONT DESK - 2007 \2007 Miscellaneous Correspondence \050807 misc_corr.doc Agenda Item No. 1611 May 8, 2007 Page 3 of 4 13. Pelican Bay Services Division Board: Agenda of April 4, 2007; Minutes of February 26, 2007; Minutes of March 7, 2007. a. Budget Committee: Minutes of February 21, 2007. 14. Emergency Medical Services Advisory Council: Minutes of March 28, 2007. 15. Isles of Capri Fire /Rescue Advisory Board: Minutes of March 28, 2007. 16. Forest Lakes Roadway and Drainage M.S.T.U. Advisory Committee: Minutes of March 22, 2007 Special Meeting; Agenda of April 11, 2007; Minutes of March 14, 2007. 17. Golden Gate M.S.T. U. Advisory Committee: Agenda of April 10, 2007; Minutes of March 13, 2007, 18. Radio Road Beautification M.S.T.U. Advisory Committee: Agenda of April 17, 2007; Minutes of March 20, 2007. 19. Collier County Public Vehicle Advisory Committee: Agenda of April 2, 2007. H: \DATA\FRONT DESK - 2007 \2007 Miscellaneous Correspondence \050807_misc_corr.doc Page I of 1 Agenda Item No. 1611 May 8, 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: 11812007 9 00.00 AM Prepared By Lisa Resnick Executive Aide to the BCC Date Board of County BCC Office 4@012007 9:54: 42 AM Commissioners Approved By Sue Filson Executive Manager to the Bee Date Board of County BCC Office 413012007 9: 57 AM commissioners Approved By James V. Mudd County Manager Data Boartl of County Commissioners County Managers Office 4!3012007 3:47 PM file 11C \A2cndaText \Fxnnrt\82 -Mav %208. %202007\1 6 . %20C0NSF.NTa /o20AGF.NDA \I fit.... 5/22007 Agenda Item No. 16A May 8, 2007 Page 1 of 19 TO OBTAIN BOARD APPROVAL FOR DISBURSEMENTS FOR THE PERIOD OF APRIL 14, 2007 THROUGH APRIL 20, 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 14, 2007 through April 20, 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 14, 2007 through April 20, 2007 and submit these documents into the official records. Prepared By: oz l' ° q. r' �z�^^+ Date: Lisa N. Melvin AsaA/?Se_ neral Operations Manager Reviewed By: Date: Constance C. Murray, CGFO General Operations Manager Page 1 of 1 Agenda Item No. 16J1 May 8, 201 Page 2 of 19 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16J1 Item Summary: To obtain board approval for disbursements for the period of April 14, 2007 through April 20, 2007 and for submission into the official records of the boartl. Meeting Date: 51812001 9'.00.00 AM Approved By Connie Murray General Operations Manager Date Clerk of Courts Finance 4100800110: 26 AM Approved By James V. 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C C M C. [' [r' [" tC' - - - - m b.:..;. H H m m M M M m W m W m 61 m m 3 m O F m .m '.tl A A A F %1 m A P A M O m M P M.. £ G < n n n nnp np nOp pnp pnp pOp GG01 pnp S0S7 LnL11 GG01 �o mi n n f4 Z Y m yJ K K K K K K K K K K K K K K R:: �a b b M� O O yy H HH H H H H H H H H H H M 93888888[8'88888[88!' % C p m C p p (d r l-' C r t' r r r r r C r q 0r m m m m m mn m mf�� m m m m m m m mnn m D i N M m f n �. H H m O H H H H H H H H H H m n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 i r b ovb m rov�om v b �amv m r r r r r r r r r r r r r r r m m mmm m m m m m mmm m m m m�a Vi m m m tll 4yyI V) N N l/) f0 !!�q r m C C r r r r r C r r r r r m' \ R 43, o Oi: O [v n z a b w K N (C C o � O C FL n H W N H N H N Y 3 0 a M m r < N a Agenda Item Ma Page m m m r E 8 m � h N C N z Agenda Item No. 16,12 May 8, 2007 Page 1 of 17 EXECUTIVE SUMMARY TO OBTAIN BOARD APPROVAL FOR DISBURSEMENTS FOR THE PERIOD OF APRIL 21, 2007 THROUGH APRIL 27, 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 21, 2007 through April 27, 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 21, 2007 through April 27, 2007 and submit these documents into the official records. Prepared By: Assistant General Operations Manager Reviewed By: "tqAWDate: Constance C. Murray, CGFO General Operations Manager Page 1 of 1 Agenda Item No. 16,12 May 8, 2007 Page 2 of 17 Approved By COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ., Item Number: 15,12 Item Summary: To obtain board approval for disbursements for the period of April 21, 2007 through April 27, SIV200710:39 AM 2007 and for submission Into the official records of the board. Meeting Date: 5182007 9.00:00 AM Approved By Connie Murray General Operations Manager Date Clerk of Courts Finance SIV200710:39 AM Approved By James V. 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N: n �p Cl: ref J n F 8 l0 N \ Q � m n. � < O 6 Z o Agenda Item No. 16K1 May 8, 2007 Page 1 of 4 Executive Summary Recommendation to Authorize the Making of an Offer of Judgment to Respondent, Rose Somogi, for Parcels 123 and 823 in the Amount of $39,000.00 in the Lawsuit Styled Collier County v. John J. Yaklich, et aG, Case No. 03- 2259 -CA, Golden Gate Parkway Project #60027 (Fiscal Impact: $34,101.00 if offer is accepted). OBJECTIVE: Approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondent, Rose Somogi, in the amount of $39,000.00 as full compensation, excepting attorney's fees and costs, for the acquisition arising out of the condemnation of Parcels 123 and 823 in Collier County v. John J. Yaklich, et al., Case No. 03- 2259 -CA (Golden Gate Parkway Project #66042). CONSIDERATIONS: On September 25, 2003, Collier County deposited $13,200.00 into the Court Registry and acquired title to Parcels 123 and 823 in accordance with the Order of Taking entered on September 12, 2003. The County has made two previous Offers of Judgment which have been rejected by the Respondent. The County Attorney's Office would like to make another Offer of Judgment in the amount of $39,000.00 as full compensation for the property taken, including interest and all damages. The proposed Offer of Judgment is attached. The making of the Offer of Judgment will require the Respondent to carefully assess her claims within 30 days. Respondent will have thirty days from the date of mailing the offer to accept. If the offer is rejected and Respondent fails to recover more than $39,000.00 for Parcels 123 and 823, either through settlement or jury verdict, the County will not be required to pay any costs 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: $25,800.00 • Clerk's Service Fee $ 150.00 • Statutory Attorney's Fees *: $ 8,151.00 TOTAL COST: $34,101.00 *Attorney's Fees are mandated by Section 73.092, Fla. Stat., and are based on 33% of the difference between any settlement amount and the initial offer, i.e., 0.33 x $24,700 ($39,000 - $14,300). FISCAL IMPACT: Funds in the amount of $34,101.00 are available from the Transportation Road Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve and authorize service of the Offer of Judgment; 2. Approve entry of a Stipulated Final Judgment and expenditure of the funds, should the offer be accepted. PREPARED BY: Heidi F. Ashton, Assistant County Attorney Agenda Item No. 16K1 May S, 2007 Page 2 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.: 03- 2259 -CA Petitioner, Parcel Nos.: 123 & 823 vs. JOHN J. YAKLICH, et al., Respondents. OFFER OF JUDGMENT TO: Vanessa Thomas, Esquire FORMAN, HANRATTY & MONTGOMERY P. O. Box 159 Ocala, FL 34478 PETITIONER, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Fla. Stat., and FIa.R.Civ.P. 1.442, does hereby make this binding Offer of Judgment in this action to Respondent, ROSE SOMOGYI ( "Respondent "), 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 123 and 823, in the total amount of Thirty —Nine Thousand and No /100 Dollars ($39,000.00), which includes the amount of $13,200.00 which was deposited pursuant to the Order of Taking dated September 12, 2003. All compensation paid in accordance with this offer will be subject to the apportionment claims, if any. There are no other non - monetary terms or other relevant conditions to this offer except that this offer does not include attorney's fees and costs. Agenda Item No. 16K1 May 8, 2007 Page 3 of 4 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 Respondent(s) review upon reasonable notice of such a request. Dated this day of May, 2007. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 - Telephone (239) 774 -0225 - Facsimile BY: (�9 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 to Vanessa Thomas, Esquire, FORMAN, HANRATTY & MONTGOMERY, P. O. Box 159, Ocala, FL 34478 on this _ day of May, 2007 via regular United States Mail. HEIDI F. ASHTON, ESQUIRE 2 Page 1 of 1 Agenda Item No. 16K1 May 8, 2007 Page 4 of 4 file : / /C:\APendaTest\Exnort \82 -Mav % 208. %a 202007\ l6 . %2000NSENTa /o20AC,ENDA \l6K.... 522007 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS A Item Number: 16K1 Item Summary: Recommendation to Authorize the Making of an Offer of Judgment to Respondent, Rose Somogl, for Parcels 123 and 823 in the Amount of 599,000 00 In the Lawsuit Styled Collier County v. John J. Yr ich. at al., Case No 03- 2259 -CA, Golden Gate Perko, Project #60027 (Fiscal Impact $34, 101. D0 R offer is accepted). Meeting Date: 5/6/2007 900.00 AM Prepared By Heidi F. Ashton Assistant County Attorney Data County Attorney County Attorney Office 41111200712 09 50 PM Approved By Liza Taylor ManagementlBei Anatyat Data Transportation Services Transportation Administration 411112007 2.15 PM Approved By Norm E. Feden AICP Transportation Division Administrator Data Transponation Services Transportation Services Admim 4112/20072:02 PM Approved By gal Amer Director Data T ransportafion Engineering & TmneponaHOn Services Construction Management 411212007 2:31 PM Approved By Kevin Har ieks Right Of Way Acquisition Manager Data Transportation Services TECM ROW 4120120071: 51 PM Approved By Sharon Newman Accounting Supervisor Data ,., Transportation Services Transportation Services Armin 4124/20078: 36 PM Approved By David C. Weigel County Attomey Data County Aflomey County Attorney Office 412512007 8:58 AM Approved By OMB Coordinator Administrative Assistant Data County Manager'a Office Office of Management & Budget 412512007 9:57 AM Approved By Susan Usher Senior ManagemenVBudgef Analyst Date County Manager's Office Office of Management Butlget 4/271200712:29 PM Approved By Michael Smykowski Management & Budget Director Data County Manager's ice Office of Management &Budget 41271200712: 54 PM Approved By James V. Mudd County Manager Date Board of County County Managers Office 4127120076:14 PM Commissioners file : / /C:\APendaTest\Exnort \82 -Mav % 208. %a 202007\ l6 . %2000NSENTa /o20AC,ENDA \l6K.... 522007 Agenda Item No. 16K2 May 8, 2007 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve an Offer of Judgment in the amount of $36,250.00 as to Parcels 806 & 706 in the lawsuit styled Collier County v. James M. Brown, et al., Case No. 06- 0525 -CA (Santa Barbara Blvd. Project No. 62081). (Fiscal Impact if accepted: $11,617.55) OBJECTIVE: That the Board of County Commissioners approve and authorize the making of an Offer of Judgment pursuant to § 73.032, Fla. Stat., to property owner, Josephine F. Peters ( "Respondent "), in the amount of $36,250.00, as full compensation, exclusive of attorney's fees and costs, for the acquisition arising out of the condemnation of Parcels 806 and 706 in Collier County v. James M. Brown, et al., Case No. 06- 0525 -CA (Santa Barbara Blvd. Project No. 62081). CONSIDERATIONS: On September 7, 2006, Collier County deposited $27,515.00 into the Court Registry and acquired title to Parcels 806 and 706 in accordance with the Order of Taking entered on August 29, 2006. The County Attorney's Office would like to make an Offer of Judgment in the amount of $36,250.00, 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 her claim within 30 days. if the offer is rejected and Respondent fails to recover more than $36,250.00 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 Parcels • Statutory Attorney's Fees TOTAL COST: $ 8,735.00 $ 2.882.55 $ 11,617.55 * Attorney's Fees are mandated by § 73.092, F.S., and are based on 33% of the difference between settlement amount and the initial offer, i.e., 0.33 X ($36,250 - $27,515). FISCAL IMPACT: Funds in the amount of $11,617.55 are available in the FY 07 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve and authorize service of the Offer of Judgment; 2. Approve entry of a Stipulated Final Judgment and expenditure of the funds, if the offer is accepted. PREPARED BY: Ellen T. Chadwell, Assistant County Attorney Page 1 of 1 Agenda Item No. 16K2 May 8, 2007 Page 2 of 4 fil e: / /C:\AeendaTest\Exvort\82 -Mava /0208- %a202007\ 16 ° /20C0NSFNTe /20AC;ANDA\ 16K._. 52/2007 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1610? Item Summary: Recommendation to approve an Offer of Judgment in the amount of $36,250.00 as to Parcels 806 & 70E in the lawsuit styled Collier County v_ dames M Brown, at at Case No. 06-0525 -CA (Santa Barbara Blvd. Project No 62081). (Fiscal Impact If accepted. $11.617.55) Meeting Date: 51812007 n.0000 AM Prepared By Ellen T. Chadwell Assistant County Attorney Data County Attorney County Attorney Office 412012007 3:22:02 PM Approved By Kevin Hendrwas Right Of Way Acquisition Manager net. Transportation Services TECM -ROW 4123120072:40 PM Approved By Lisa Taylor Management /Budget Analyst Data Transponation Services Transportation Administration 4123120073: 09 PM Approved By Ellen T. 6hadwe11 Assistant County Attorney Data County Attorney County Attorney Office 42312007 3:17 PM Approved By Norm E. Feder, ACP Transportation Division Administrator Data Transportation Services Transportation Services Adman. 41241200710:58 AM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Adman 412412007 8:27 PM Approved By Naieh Ahmed Director Data Transportation Engineering & Transponation Services Construction Management 412 51200 7 11: 15 AM Approved By David C. Weigel County Attorney Data County Attorney County Attorney Office 41251200711:18 AM Approved By OMB Coordinator Administrative Assistant Date County Mana9er's Office Office of Management Budget 4126120077:56 AM Approved By Susan Usher Senior ManagoventlBudget Analyst Dale County Managers Office Office of Management & Budget 4127120073: 56 PM Approved By Michael Smybowsla Management & Brunei Director Date County ManageYS Office Office of Management & Budget 412912007 8:07 AM Approved By James V. Mudd County Manager Data Board of County Commissioners County Manager's Office 4130120073.26 PM fil e: / /C:\AeendaTest\Exvort\82 -Mava /0208- %a202007\ 16 ° /20C0NSFNTe /20AC;ANDA\ 16K._. 52/2007 Agenda Item No. 16K2 May 8, 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, Petitioner, Case No. 06- 0525 -CA -CAE V. JAMES M. BROWN, et al., Parcels: 806, 706 Respondents. OFFER OF JUDGMENT TO: Josephine F. Peters c/o Maureen Jones, Esq. 1301 Riverplace Blvd., Suite 1500 Jacksonville, FL 32207 Petitioner, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statutes, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondent, JOSEPHINE F. PETERS, for all compensation, including severance damages, costs to cure, together with the value of the taking, statutory interest, and any other claims of Respondent, JOSEPHINE F. PETERS, arising out of the taking of Parcels 806 and 706, in the total amount of Thirty -Six Thousand Two Hundred Fifty and No /100 Dollars ($36,250.00), for Parcels 806 and 706, which includes the amount of $27,515.00 which was deposited pursuant to the Order of Taking dated August 29, 2006. There are no non - monetary terms or other relevant conditions to this offer except that this offer does not include attorney's fees and costs. Agenda Item No. 16K2 May 8, 2007 Page 4 of 4 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 , 2007. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 - Telephone (941) 774 -0225 - Facsimile BY: ELLEN T. CHADWELL, ESQ E Florida Bar No. 09838 ATTORNEY FOR PETITIONER Agenda Item No. 16K3 May 8, 2007 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to Approve a Stipulated Final Judgment in the Amount of $300,000.00 for the Acquisition of Parcel 181 in the Lawsuit Styled Collier County v. Mary Lou Adsit, et al., Case No. 04- 0506 -CA (Vanderbilt Beach Road Project No. 63051). Fiscal Impact: $150,550) OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment in the amount of $300,000.00 inclusive of attorney's fees, expert fees and costs as full compensation for the taking of Parcel 181 in the lawsuit styled Collier County v. Mary Lou Adsit, et al., Case No. 04- 0506 -CA (Vanderbilt Beach Road Project No. 63051). CONSIDERATIONS: The County acquired the subject property by depositing $149,600 into the Court Registry after entry of an Order of Taking on June 29, 2004. if the settlement is approved, the County is responsible for the following costs: • Additional Deposit/Disbursement Amount: $ 150,400 • Expert Fees: Included • Clerk's Service Fee: 150 • Attorney's Fees: Included TOTAL: $ 150,550 Attached is the proposed Stipulated Final Judgment. FISCAL IMPACT: Funds in the amount of $150,550 are available in the FY 2007 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Stipulated Final Judgment as to Parcel 181; 2. Approve the expenditure of funds as stated; and 3. Direct staff to deposit the funds into the Court Registry. PREPARED BY: Heidi F. Ashton, Assistant County Attorney Agenda Item No. 16K3 May 8, 2007 Page 2 of 7 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- 0506 -CA Petitioner, Parcel No.: 181 01-P MARY LOU ADSTT, et al., Respondents. STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondents, MARY LOU ADSIT, INDIVIDUALLY AND AS TRUSTEE OF THE TRUST AGREEMENT DATED DECEMBER 16, 1999 and WILLIAM F. ALTENBURG, INDIVIDUALLY AND AS TRUSTEE OF THE TRUST AGREEMENT DATED DECEMBER 16, 1999 (hereafter "Respondents "), for entry of a Stipulated Final Judgment as to Parcel 181, and it appearing to the Court that the parties are authorized to make such motion, the Court finding that the compensation to be paid by Petitioner, COLLIER COUNTY, FLORIDA, is the full compensation due Respondents, and the Court being otherwise fully advised in the premises thereof, it is thereupon, ORDERED AND ADJUDGED that Respondents have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Three Hundred Thousand Dollars and No /100 ($300,000.00) for Parcel 181 inclusive of attorney's fees, expert fees and costs, as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire Agenda Item No. 16K3 May 8, 2007 Page 3 of 7 property was taken, business damages, and for all other damages in connection with said parcel; it is i"T74 ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit in the amount of One Hundred Forty -Nine Thousand Six Hundred Dollars and No /100 ($149,600.00) which was previously deposited into the registry of the Clerk of the Circuit Court toward the acquisition of Parcel 181 at which time title to said parcel as described in Exhibit "A" vested in the name of Petitioner; it is further ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final Judgment entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall deposit an additional One Hundred Fifty Thousand Four Hundred Dollars and No /100 ($150,400.00) into the registry of the Clerk of the Circuit Court for the benefit of Respondents; it is further ORDERED that disbursement of the sums on deposit in the Court Registry shall be by further order of this Court; it is further ORDERED that title to Parcel 181, a Fee Simple Interest, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner, COLLIER COUNTY, FLORIDA, 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 this Court reserves jurisdiction to enforce the terms of this Stipulated Final Judgment; it is further ORDERED that the Notice of Lis Pendens filed in this action and recorded in Official Record Book 3494, Page 1274 et seq., of the Public Records of Collier County, Florida be dismissed as to Parcel 181; it is further ORDERED that this Stipulated Final Judgment is subject to approval by the Board of County Commissioners; it is further 2 Agenda Item No. 16K3 May 8, 2007 Page 4 of 7 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 2007. Conformed Copies: Heidi F. Ashton, Esquire Mary Lou Adsit, Individually/Trustee William F. Altenburg, Individually/Trustee Bruno Altenburg Veronica Altenburg E. Glenn Tucker, Esquire Kevin Hendricks, Acquisition Mgr/Transp. Bookkeeping 3 CIRCUIT COURT JUDGE - R -17 -07 07:59 PM BILL CIANCIOLw 315 622 334' jgenda Item No. f6K@2 ' May 8, 2007 Page 5 of 7 w JOINT MOTION FOR STIPULATED FINAL JUDGMENT The parties horoby stipulate and respectfully rcquost this Court to enter the foregoing Stipulated Final Judgment as to Parcel 181. Dated: �1 / ;- MARY It= ADRIT, Tndividually/Trustes 264.SE11sW o � - _'._....._ Baldwinsville. NY 13027 RESPONDENT Dated:-.— _/7 IOT WILLIAM F. ALTENBTJRG9 Io ually/Trustee 140 Alban Parkway Syracuse, NY 13209 RESPONDENT 4 •. Dated: (A HEIDI F. ASHTO Florida liar o.: COLLIER 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 J 'I COLDER BOULEVARD (C.R. 951) loo' RLO.W low COUNTY CANAL R.D.W. COUKH GATE ESTATES UNIT 3 PLAT BOOK 4, PAGE 77 TRACT 16 PARCEL 181 FEE SIMPLE EXHI j A INTEREST Pegs ifs of� 0 25' 50' 75' SCALE: 1 50' Notes: 1. This Is not a survey. 2- Subject to easements, reservations and restrictions of record. . 3 Easements shown hereon are per plat, unless otherwise noted. f E10STIND SMM R w E a MIX owl FOLIO NO. �Z I� w NORTH 1/2 n OF TRACT 17 I i DAVID .L N iT, M. (FOR THE FIRM) Ir FLA. UC. N ..5634 A I I - /h -C7 (DATE SIcNED) _ NOT VALID 1N7NOUT THE ElGNATURE AND 14 I THE ORIgNAL RAISED SEAL OF A FLORIDA UCENSM SURVEYOR AND MAPPER LSED PARCEL O2/17/2DO.v CNir 1�1°OffTijTTO�lY'®" i+M�Ae..4+,w;MM!. �'�`.wr.STe�. ... u,e mm�x •n. �s t4 20]= - Oe]kSt '�"" 7I/4aaT aICT el�eFR eM1p1�k \sw\aaua \vulolyLm -ea.. nA�t -auORV � ar Ax 7 Agenda Item No. 16K3 May 8, 2007 -1 Page 6 of 7 O SJ r.. .e. �o "c7 N J J Item Number. Item Summary: Meeting Date: prepared By Heidi F. Ashton County Attorney Page I of 1 Agenda Item No, 16K3 May 8, 2007 Page 7 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K3 Recommendation to Approve a Stipulated Final Judgment In the Amount of $300,000.00 for the Acquisition of Parcel 181 in the Lawsuit Styled Collier County v. Mary Lou Adsit et al., Case No 04- 0506 -CA (Vanderbilt Beach Rood Project No 63051). Fiscal Impact $150,550) 518/2007 9 00 00 AM Assistant County Attorney County Attorney Office Data 411712007 12:32:59 PM Approved By Nevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM -ROW 4120120071:52 PM Approved By Nagai Ahmed Director Date Transportation Engineering & Transportation Services 4123120071: 13 PM Construction Management Approved By use Taylor ManagementlBUdgei Analyst Data Transportation Services Transportation Administration 4/23120073: 06 PM Approved By Norm E. Peden AJCP Transportation Division Administrator Date Transpprtto, Services Transportation Services Ammer 412412 00 7 10'49 AM Approved By Sharon Newman Accounting Supervisor Bate Transportation Services Transportation Services Again 4124120079:03 PM Approved By Bevis c. Weigel Count, Attorney Bate County Attorney County Attorney Onke 412512D074:23 PM Approved By OMB Coordinator Administrative Assistant Date County Managers Office Office of Management Budget 4126120077: 53 AM Approved By Susan Usher Senior ManagemenVBudget Analyst Date County Managers Office Office of Management 8 Budget 412712007 12:34 PM Approved By Michael Smykowski Management& Budget Director Data County Managers Office Office of Management & Budget 412 7120 07 12 51 PM Approved By James V. Mudd County Manager Data Board of County Commissioners County Managers Office ATS120079:47 AM file : / /C:AAgendaTestAE"ort \82 -Mav% 208.% 202007 A16. %p2000NSENT%20AC,ENDAA76K__ 52/2007 Agenda Item No. 17A May 8, 2007 Page 1 of 4 EXECUTIVE SUMMARY Request that the Board of County Commissioners adopt the attached Ordinance, recommended by Sheriff Hunter, to amend Collier County Ordinance No. 78-56 and Collier County Ordinance No. 87 -16, as amended, as codified in Chapter SIX of the Collier County Code of Laws and Ordinances, by amending the current definitions of "alcoholic beverages" and to specify that opinion testimony is valid and sufficient to prove violations; Provide for Conflict and Severability, Inclusion into the Code of Laws and Ordinances, and Effective Date. OBJECTIVE: That the Board of County Commissioners ( "Board ") adopt the attached ordinance, recommended by Sheriff Hunter, to amend Ordinance No. 78- 56 and Ordinance No. 87 -16, as amended, as codified in Subsection 6- 1(a)(1) and subsection 6- 3(c)(1), respectively, of Chapter SIX of Collier County's Code of Laws and Ordinances, thereby amending the two current definitions of "alcoholic beverages," which will specify that opinion testimony is valid and sufficient to prove violations of Chapter SIX. CONSIDERATIONS: A recent judicial decision holds that the current definition of "alcoholic beverages" in subsection 6- 3(c)(1) in Chapter SIX of the County's Code of Laws and Ordinances of Collier County, Florida (the adopted Ordinance number is 87 -16, as amended) is not adequately defined and does not specify that an individual who by experience in his or her past by handling or use of such beverage or liquor, or who by taste, smell, or the drinking of such beverage or liquor has knowledge as to the intoxicating nature thereof, may testify as to his or her opinion whether such beverage or liquor is or is not intoxicating, and a verdict based upon such testimony shall be valid. Further, Ordinance No. 78 -56, as codified in Subsection 601(a)(1) of Chapter Six of the Code of Laws and Ordinances provides the same definition of "alcoholic Beverage." In order to avoid any confusion with the law, this definition will also need to be amended. The Sheriffs recommended amendments will allow that violations of Chapter SIX (the County's "open container" law) can be validly proven by such opinion testimony. FISCAL IMPACT: The ordinance will have no fiscal impact. GROWTH MANAGEMENT IMPACT: There will be no growth management impact associated with adoption of this ordinance. RECOMMENDATION: That the Board of County Commissioners adopt the attached Ordinance amending Collier County Ordinance No. 78 -56 and Collier County Ordinance No. 87 -16, as amended, as recommended by Sheriff Hunter. -- PREPARED BY: Michael Hedberg, Esq., Captain, Legal Services, Collier County Sheriffs Office Agenda Item No. 17A May 8, 2007 Page 2 of 4 ORDINANCE NO. 2007- AN ORDNANCE OF COLLIER COUNTY, FLORIDA, AMENDING THE DEFINITION OF "ALCOHOLIC BEVERAGE" IN SUBSECTION (1) OF SECTION ONE IN ORDINANCE NO. 78-8, AND THE DEFINITION OF "ALCOHOLIC BEVERAGES" IN SUBSECTION A OF SECTION THREE IN ORDINANCE NO. 87 -18, AS AMENDED, WHICH ARE CODIFIED IN CHAPTER SK OF THE COUNTY'S CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING THE EFFECTIVE DATE WHEREAS, Subsection (1) In SECTION ONE of Ordinance No. 78 -58, ttud is codified as Subsection S- 1(a)(1) In Chapter SIX of the Collor County Code of Laws and Ordinances) defines "Alcoholic beverages "; and WHEREAS, Subsection A In SECTION THREE of Ordinance No. 87 -18, as amended, that Is codified as Subsection 6-3(c)(1) in Chapter SIX of the Collier County Code of Laws and Ordinances), also dellnes * Alooholic beverage "; and WHEREAS. the Sheriffs staff is recommending that these two (2) definitions be amended to coincide with Section 562 47, Florida Sfahites, to thereby provide that the stated opinion testimony is sufficient evidence to prove violations of Chapter SIX of Collier County's Code of Lows and Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY, FLORIDA, that SECTION ONE. Subsection (1) In SECTION ONE of Collier County Ordinance No. 78-58, that is codified as Subsection 8- 1(a)(1) in Chapter SIX of the Collier County Code of Laws and Ordinances, is hereby amended to read as follows: SECTION TWO. Subsection A. IN SECTION THREE of Collor County Ordinance No. 87 -13, as amended, which is codified as Subsection (c)(1) in Section 8-3 of the Code of Laws and Ordinances, is hereby amended to read as follows: 1 Words Umdedined are added; Words 9busle Thee are deleted. Agenda Item No. 17A May S, 2007 Page 3 of 4 SECTIONTMW. Conflict and Seveabilky. The provlabrrs of this Ordinance shell be Illowaly construed to effacthroly 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 Jurisdiction, such portion shall be deemed separate, distinct, and an independent provision, and such holding shall not affect the validity of the ramefnmg portions thereof. SECTION FOUR. Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Cosier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section, "'articia,' or any other appropriate word. SECTION FIVE. Effective Date. This Ordinance shall become effective upon being filed with the DepaAment of State. PASSED AND DULY adopted by the Board of County Commissioners of Cottier County, Florida, this P _ day of May 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Cleric OF COLLIER COUNTY, FLORIDA BY By: Deputy Clerk JAMES COLETTA, Chairman Approved as to form and legal sufficiency. By: w l Thomas C. Palmer, Assistant Courtly Attorney 2 words Underlined are added; words swask 4wago ace deleted. Page 1 of 1 Agenda Item No, 17A May 8, 2007 Page 4 of 4 file [OC \A¢endaTot \Fxnort\R ?- Mn,%h0R o.7N7 007\17 %70R11MM A RV-.7n A(7FTR)A \17A 5/9/7007 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 17A Item Summary: Request that the Board of County Commissioners adopt the attached Ordinance, recommended by Sheriff Hunter, to amen Collier County Ordinance No 78 -56 and Collier County Ordinance No 07 -16, as amended as codified In Chapter Sw of the Collier County Code of Laws and Ordinances, by amending the current definitions of "alcoholic beverages' and to specify that opinion testimony Is valid and sufficient to prove violations', provide for conflict and 6everability, inclusion into the Code of Laws and Ordinances, and effective date. Meeting Date: 51812007 9.00.00 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Managers Office 412 &200]9:19 AM file [OC \A¢endaTot \Fxnort\R ?- Mn,%h0R o.7N7 007\17 %70R11MM A RV-.7n A(7FTR)A \17A 5/9/7007 Agenda Item No. 17B May 8, 2007 Page 1 of 7 EXECUTIVE SUMMARY SE- 2006 -AR -9017, a Scrivener's error to correct Resolution Number 2005 -353 for VA- 2005 -AR -7444, Terry and Charlotte Rhodes, to include the Section number in the Legal Description. The subject property is located in Section 20, Township 48 South, Range 27 East, Collier County, Florida OBJECTIVE: To have the Board of Zoning Appeals (BZA) correct a Scrivener's error resulting from the inadvertent omission of the Section number in the Legal Description that was contained in the approved Resolution. CONSIDERATIONS: On October 11, 2005, the BZA adopted Resolution Number 2005 -353 that granted approval of a variance to reduce the east side yard from the required 30 -foot setback of the Rural Agricultural Mobile Home Overlay (A -MHO) zoning district, to 21.1 -feet to authorize replacement of an existing pool fence with a screen enclosure. The subject property is located in the Agri cultural /Rural Fringe Mixed Use District, Receiving Lands designation of the Future Land Use Map of the GMP. The proposed Scrivener's error Resolution adds the missing Section number in the Legal Description that was inadvertently omitted in the adopted Resolution. FISCAL IMPACT: This action is only to correct errors regarding the previously adopted Ordinance 2005 -353 that was approved by the BZA. Therefore, this change, by and of itself, will have no fiscal impact on the County. GROWTH MANAGEMENT IMPACT: Variances are not specifically addressed in the GMP, therefore there was no GMP impact associated with the original variance. This Scrivener's error is only to correct an omission in the Legal Description for action that was approved by the BZA in Resolution Number 2005 -353. LEGAL CONSIDERATIONS: This matter was reviewed by the County Attorney's Office and is approved as legally sufficient. Rhodes Variance, SE- 2006 -AR -9017 Page 1 of 2 Agenda Item No. 17B May 8, 2007 Page 2 of 7 STAFF RECOMMENDATION: That the BZA approve the Scrivener's error correction to Resolution Number 2005 -353. PREPARED BY: Carolina Valera, Principal Planner Department of Zoning & Land Development Review Rhodes Variance, 5E- 2006 -AR -9017 Page 2 of 2 Page 1 of I Agenda Item No. 17B May 8, 2007 Page 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 17B Item Summary: This item requires that all participants be sworn In and ex done disclosure be provided by Commission members. Petition. SE -2005 -Aft -9017. a Scriveners error to correct Resolution Number 2005 353 for VA- 2005- AR-7444, Terry and Charlotte Rhodes, to Include the Section number in the legal description. The subject property Is located In Section 20, Township 48 Shunt, Range 27 East, Collier County, Florida. Meeting Date: 51812007 9 .00.00 AM Prepared By Caroline Vale.. Urban Design Planner Date Community Development & Zoning & Land Development Review 41131200711:53:01 AM Environmental Services Approved By Ray Bellows Chief Planner Date Community Development & Zoning 8 Land Development Review 4/1612007 9:43 AM Environmental Services Approved By Marlene Stewart Executive Secretary Dal Community Development & Community Development & Environmental Services Environmental Servces Admin. 414/20074:03 PM Approved By Judy Puig Operations Analyst Data Community Development & Community Development & Environmental Se rvices Environmental Services Admin. 411712007 5:22 PM Approved By Susan Murray, AICP Zoning & Land Development Director Data Community Development & Zoning 8 Lantl Development Review 412012007 9:38 AM Environmental Services Approved By Jeff Klatikow Assistant County Attorney Data County Attorney County Attorney Office 4124o2007 8:51 AM Approved By Community Development& Joseph K. Schmitt Data Environmental Services Adminstrator Community Development& Community Development& Enviromnental Sereices Environmental Services Atlmin. 4124120072: 28 PM Approved By OMB Coordinator Administrative ASSlstant Date County Manager's Office Office of Management & Budget W25/2007 10 02 AM Approved By Mark lsackson Budget Analyst Date County Manager's Office Office of Management 8 Budget 4/2812007 9:23 AM Approved By James V. Mudd County Manager Data Board of County Commissioners County Managers Office 4128120079: 51 AM file '// 6\ AgendaTe .Sl \Fxnort\R2- Mav°n20R°n202 007 \17 ° /20Si TMMARY %70AGFNr)A \17R 5/10007 Agenda Item No. 17B May 8, 2007 Page 4 of 7 RESOLUTION NO. 07 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, AMENDING RESOLUTION NO. 2005 -353 IN ORDER TO CORRECT A SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION FOR THE SUBJECT PROPERTY. WHEREAS, on October 11, 2005, the Collier County Board of Zoning Appeals adopted Resolution No. 2005 -353; and WHEREAS, following said action adopting Resolution No. 2005 -353, it was determined that the legal description for the subject property, as contained in the Resolution, was incorrect and not as was otherwise intended and made part of the public hearing and therefore constitutes a scrivener's error. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: The legal description set forth in Resolution No. 2005 -353 is hereby amended to correct a scrivener's error and shall read as follows: Section 20, Township 48 South, Range 27 East, Lot 64, Block B, 'PwinEagles Phase I, Plat Book 30, Page 78, Collier County, Florida. BE IT FURTHER RESOLVED that this Resolution relating to Petition No. SE- 2006 -AR- 9016 be recorded in the minutes of this Board. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this day of — , 2007. A17EST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA By: as to Jeffrey M , Deputy Clerk JAMES COLETTA, Chairman County Attorney Agenda Item No. 17B May 8, 2007 Page 5 of 7 RESOLUTION05— 353 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION NUMBER VA- 2005 -AR- 7444, TO REDUCE THE SIDE YARD REQUIREMENTS FOR THE A -MHO DISTRICT TO AUTHORIZE THE REPLACEMENT OF AN EXISTING POOL FENCE WITH A SCREEN ENCLOSURE, ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 2004 -41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability to reduce the east sideyard from 30 -feet to 21'1" feel to authorize replacement of an existing pool fence with a screen enclosure, as shown on the attached plot plan, Exhibit "A," in an A -MHO Zoning district for the subject property, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with LDC Section 9.04.00; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that Petition VA- 2004 -AR -7444, filed by McGarvey Custom Homes, representing Terry and Charlotte Rhodes, with respect to the subject property hereinafter described as: Township 48 South, Range 27 East Lot 64, Block E, TwinEaglesPhase I, Plat Book 30, Page 78, , Collier County, Florida be and the same hereby is approved for a 8'11" variance from the side yard requirement of 30- _. feet to 21'1" feet authorize replacement of an existing pool fence with a screen enclosure as shown on the attached plot plan, Exhibit "A," in the A -MHO Zoning District subject to the following conditions: Agenda Item No. 17B May 8, 2007 Page 6 of 7 1. The variance granted is limited to the accessory structures, depicted and more particularly described on attached plot plan, Exhibit A. 2. If the principal residential dwelling structure is destroyed for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, all reconstruction of the structure and accessory structures must conform to the provisions of the Land Development Code in effect at the time of reconstruction. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA- 2004 -AR -7444 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this �/ day of ��l fc� c'I" , 2005. ATTEST: DWIGHT E. BROCK, CLERK 4.0 ROgfi,al � II rl� .= `1' ctgri�iuiM aoul�. `." Approved asto Form add Legal Sufficiency: Jennif6r A. Belpg.'o Assistant County Attorney VA- 2004- AR- 744WCV1& 2 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRM Agenda Item No, 17C May 8, 2007 Page 1 of 17 EXECUTIVE SUMMARY 5E- 2006 -AR -9016, a Scrivener's error to correct approved Resolution Number 2005 -401 for CU- 2003 -AR -3573, Independent Haitian Church of God, to correct the Section, Township and Range numbers in the title of the Resolution. The subject property is located in Section 13, Township 50 South, Range 25 East, Collier County, Florida. To have the Board of Zoning Appeals (BZA) correct a Scrivener's error resulting in the erroneous Section, Township and Range numbers contained in the title of the approved Resolution. CONSIDERATIONS: On November 15, 2005, the BZA adopted Resolution Number 2005 -401 that granted approval of a Conditional Use (CU) for a church in the RMF -6 Zoning District as allowed in Table 2 of Section 2.04.03 of the Land Development Code (LDC). The proposed Scrivener's error resolution corrects the Section, Township and Range numbers that were erroneously contained in the title of the adopted Resolution. FISCAL IMPACT: This action is only to correct errors in the previously adopted Resolution Number 2005 -401 that was approved by the BZA. Therefore, this change, by and of itself, will have no fiscal impact on the County. GROWTH MANAGEMENT IMPACT: The CU was found consistent with the GMP in the original petition. This Scrivener's error is only to correct the Section, Township and Range in the title of the Resolution that was approved by the BZA. LEGAL CONSIDERATIONS: This matter was reviewed by the County Attorney's Office and is approved as legally sufficient. Independent Haitian Church, SE- 2006 -AR -9016 Page 1 of 2 Agenda Item No. 17C May 8, 2007 Page 2 of 17 STAFF RECOMMENDATION: That the BZA approve the Scrivener's error correction to Resolution Number 2005 -401. PREPARED BY: Carolina Valera, Principal Planner Department of Zoning & Land Development Review Independent Haitian Church, SE- 2006 -AR -9016 Page 2 of 2 Page 1 of 1 Agenda Item No. 17C May 8, 2007 Page 3 of 17 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 17C µ Item Summary: This Item requires that all participants be sworn in and ex pane disclosure be provided by Commission members. Petition: SE- 2006 -AR -9016, a Serveners error to correct approved Resolution Number 2005 -401 for CU- 2003 -AR- 3573.. Independent Haitian Church of God to correct the Section, Township and Range numbers in the title of the Resolution. The subject Property is located in Section 13. Township 50 South, Range 25 East, Collier County, Florid.. Meeting Date: 51812007 9.00.00 AM Prepared By Carolina Valera Urban Design Planner Date Community Development & Zoning & Land Development Review 411312007 11:36:33 AM Environmental Services Approved By Ray Bellows Chiel Planner Date Community Development & Zoning & Land Development Review 411612007 9:28 AM Environmental Services Approved By Marlene Stewart Executive Secretary Date Community Development& Community Development& Environmental Services Environmental Services Admin. 411712007 3:58 PM Approved By Judy Puig Operations Analyst Data Community Development& Community Development& Environmental Services Environmental Services Admin, 4117120075: 21 PM Approved By Susan Murray, AICP Zoning & Land Development Director Data Community Development & Environmental Services Zarin, & Land Development Review 02012007 tl AM Approved By Jeff Kletzkow Assistant County Attorney Data County Attorney County Attorney Office 4124/2007 8:50 AM Approved By Community Development & Joseph K. Schmitt Date Environmental Services Adminatrmor Community Development & Community Development & Environmental Services Environmental Services Admin. 424120072:27 PM Approved By OMB Coordinator Administrative Assistant Data County Managers Office Office at Management Budget 41251200710et AM Approved By Mad leackson Budget Analyst Date County Manager's Office Office of Management & Budget 4/2612007 11:22 AM Approved By James V. Mudd County Manager Data Board of County Commissioners County Manager's Office 412712007 6:40 PM file: / /C:AAgendaTesBExport\82- May %208,% 202007\1 7. ° ° /a2OSUNIMARY%20AGENDAA17C... 5/2/2007 Agenda Item No. 17C May 8, 2007 Page 4 of 17 RESOLUTION NO. 07- A RESOLUTION OF THE BOARD OR ZONING APPEALS OF COLIAYR COUNTY, FLORIDA, AMENDING RESOLUTION NO. 2005.4111 IN ORDER TO CORRECT A SCRIVENER'S ERROR IN THE LEGAL DESCRIP'T'ION REFERENCED IN THE TITLE OF SAID RESOLUTION. WHEREAS, on November 15, 2005, the Collier County Board of Zoning Appeals adopted Resolution No. 2005 -401, and: WHEREAS, following said action adopting Resolution No. 2005 -401, it was determined that the legal description referenced in the Resolution's title was incorrect and not as was otherwise intended and made part of the public hearing and therefore constitutes a scrivener's error. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: Resolution Number 2005 -401 is hereby amended to correct a scriveners error by amending said Resolution's title to read as follows: A RESOLUTION OF THE BOARD OF 'ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE FOR A CHURCH AND OTHER PLACES OF WORKSHIP IN THE "RMF -6" ZONWG DISTRICT PURSUANT TO TABLE 2 OF SECTION 2.04.03 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION -10, `.:NSHR2 Ono SOUTIdr- -RANG° ^? AST CT SECTION 13, TOWNSIlIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. BE IT RESOLVED that this Resolution relating to Petition No. SE- 2006 -AR -9017 be recorded in the minutes of this Board. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this day of , 2007. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA By: Approved as to form nd E aal sufficir&Y,, By: Deputy Clerk JAMES COLETTA, Chairman County Attorney Agend?em .17C r May 2007 Page of 17 RESOLUTION NO. 05- 401 A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE FOR A CHURCH AND OTHER PLACES OF WORSHIP IN THE "RMF -6" ZONING DISTRICT PURSUANT TO TABLE 2 OF SECTION 2.04.03 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 04 -41) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of conditional uses; and WHEREAS, the Board of Zoning Appeals, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing alter notice as in said regulations made and provided, and has considered the advisability of a conditional use for a church as provided for in Table 2 of Section 2.04.03 of the Collier County Land Development Code in a RMF -6 Zoning District on the property hereinafter described, and the Collier County Planning Commission has found as a matter of fact (Exhibit "A ") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Chapter 10.08.00 of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The petition, identified as CU- 2003 -AR -3573, filed by Kelly Smith, of Davidson Engineering Inc. representing the Independent Haitian Church of God stating with respect to the property hereinafter described as: Exhibit 'B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for a Conditional Use as provided for in Table 2 of Section 2.04.03 of the "RMF -6" Zoning District for a church and other places of worship in accordance with the Conceptual Master Plan (Exhibit "C ") and subject to the following conditions: Agenda Item No. 17C y 8, 07 ge 6W17 Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this 75 IL4 day of A/ a e""- , 2005. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: c� W. FRED W. COYLE,C ATTEST: 'f Marjoik MStudent — 5 i t ( "It Assistant County Attorney Attachments: A. Findings of Fact B. Legal Description C. Site Plan D. Proposed Conditions BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2003 -AR -3573 The following facts are found: Agenda Item No. 17 May S, 200 Page 7 of 1 3. Chapter 2.04.03. of the Land Development Code authorized the conditional use. 4. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes DL No _ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingr�ess�& egress Yes <C. 1/ o C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes- No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: MEMBER: �/S 4' t EXHIBIT A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2003 -AR -3573 The following facts are found: Agenda Item No. 17 May 8, 20 Page 8 of 1 B 1. Chapter 2.04.03. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ✓ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingreesss & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: / No affect or ✓ Affect mitigated by T /N6 CP-ke 01:' Affect cannot be mitigated PPOPE-0-n� D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes /No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: ho s- MCI l:6 FINDING OF FACT EXHIBIT A BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2003 -AR -3573 The following facts are found: Agenda Item No. 17C May 8, 2007 Page 9 of 17 3. Chapter 2.04.03. of the Land Development Code authorized the conditional use. 4. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistenc7'N e Land Development Code and Growth Management Plan: Yes c B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingres & egress Yes No C. Affects nei -ring properties in relation to effects: No affect or _ Affect mitigated by _ Affect cannot be mitigated noise, glare, economic or odor D. Compatibility with adjacent properties and other property in the district: Compatible use wi n district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: IO -� (a 1� (91 MEMBER: ` EXHIBIT A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2003 -AR -3573 The following facts are found: Agenda Item No. 1 May 8, 20 Page 10 of 7 3. Chapter 2.04.03. of the Land Development Code authorized the conditional use. 4. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of A. Consistency with the Land Development Code and Growth Management Plan: Yes ✓ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: C. Q Adequate ingress & egress Yes V es No Affects neighboring properties in relation to noise, glare, economic or odor effects: i/ No affect or _ Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district Compatible use within district Yes v/ No Based on the above findings, this conditional use should, (should not) be recommended for approval DATE: I(i f✓ (copy attached) GyZ9C -ew-RL- © HIBIT A ■ BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2003 -AR -3573 The following facts are found: Agenda Item No, 17C May 8, 007 Page 11 ?7 3. Chapter 2.04.03. of the Land Development Code authorized the conditional use. 4. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes V No _ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress C. Yes f/ No Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by _ Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use district Yes_ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: I oG 1(b S- MEMBER: EXHIBIT A Agenda Item No. 17C May S, 2007 Page 12 7 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2003 -AR -3573 The following facts are found: 1. Chapter 2.04.03. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: i Yes- No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes_ No (� (C. 1 Affects neighboring properties in relation to noise, glare, economic or odor effects: l/ No affect or _ Affect mitigated by _ Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: O' O $ CHAIRMAN: Ail FINDING OF FACT EXHIBIT A F BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2003 -AR -3573 The following facts are found: Agenda Item No. 17C M 2007 Page of 1B 3. Chapter 2.04.03. of the Land Development Code authorized the conditional use. 4. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes `t No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes- No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or JZ Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within dis Yes No =1d abl ve findings, this conditional use should, with stipulations, (copy attached) //ecomme /nded for approval DATE: O (9 iO 3 MEMBER: EXHIBIT A Cn --n =N 1 77 if n ED Y n ny oeff r o d6ddSo3 ^1 1 4q9 iy $ � c�d8 iql it a i r`n¢�VOi�E � ���2 �&� ✓?6L2i NN���� a a rgNl11C1 ONLLSU3 i 3 i i i I i r pp pp C K.. = iG[.TA005 i I.e i e e �� pE:ESe�gere —r r •� r -1 .— 1 — r � (a m � L -- �•- - — -- — - - � �, �_L_ _ _ _L_i J c • q •- mr�.... l li uu*.z �I ■ ■ e of I e J I � J,.. � nu a 2 2___ F i N u of a YI K l Z� {ALL{}( J N w� z�s W< S i 'jmws� 1` y9■:° cwOn9 I C N WE N M a J z 0 C7 O x v xff� x$ zN 0 w v z 17C 7'" of 1 of 177 Be I Ln W ■ Agenda Item No. 17C May 8, 2007 F Page 15 of 17 ` Conditions of Approval CU- 2003 -AR -3573 The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use. Expansion of the uses identified and approved within this conditional use approval, or major changes to the approved plan, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Chapter 10.02.03, Site Development Plan Review and Approval, of the Collier County Land Development Code, Ordinance No. 04 -41, as amended. 2. The companion Site Development Plan (SDP- 04 -AR- 6272), which details the requested parking reduction and has satisfactorily completed regulatory review from County staff, is authorized for approval with the approval of this conditional use. 3. The current owner and all future owners of the church facility authorized by this conditional use shall continue to utilize private bus service to transport patrons to and from the facility. This requirement is based upon the parking reduction associated with the conditional use approval. 4. The current owner and all future owners of the church facility authorized by this conditional use shall maintain the required landscaping per code, and as evidence, they shall submit an executed contract to provide landscape maintenance on the church property with a landscape maintenance company to the Department of Zoning and Land Development Review. EXHIBIT "D" Agenda Item No. 17C May 8, 2007 Page 177 Conditions of Approval CU- 2003 -AR -3573 1. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use. Expansion of the uses identified and approved within this conditional use approval, or major changes to the approved plan, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Chapter 10.02.03, Site Development Plan Review and Approval, of the Collier County Land Development Code, Ordinance No. 04 -41, as amended. 2. The companion Site Development Plan (SDP- 04 -AR- 6272), which details the requested parking reduction and has satisfactorily completed regulatory review from County staff, is authorized for approval with the approval of this conditional use. 3. The current owner and all future owners of the church facility authorized by this conditional use shall continue to utilize private bus service to transport patrons to and from the facility. This requirement is based upon the parking reduction associated with the conditional use approval. 4. The current owner and all future owners of the church facility authorized by this conditional use shall maintain the required landscaping per code, and as evidence, they shall submit an executed contract to provide landscape maintenance on the church property with a landscape maintenance company to the Department of Zoning and Land Development Review. EXHIBIT "D" Agenda Item No. 17C May 8 ?07 Page 17 17 - CU -03 -AR -3573 Guilford Acres Block A, Lots 5 and 6 EXHIBIT `B" Agenda Item No. 17D May 8, 2007 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve Petition AVPLAT- 2007 -AR- 11255, Lot 39, Aviano at Naples, to disclaim, renounce and vacate the County's and the Public's interest in a portion of a Lake Maintenance Easement in the rear of Lot 39, Aviano at Naples, a subdivision as recorded in Plat Book 43, Pages 67 through 71 of the Public Records of Collier County, Florida, situated in Section 18, Township 49 South, Range 25 East, Collier County, Florida, and being more particularly described in Exhibit "A ". OBJECTIVE: To adopt a resolution to vacate a portion of a Lake Maintenance Easement in the rear of Lot 39, Aviano at Naples, a subdivision as recorded in Plat Book 43, Pages 67 through 71 of the Public Records of Collier County, Florida, situated in Section 18, Township 49 South, Range 25 East, Collier County, Florida, and being more particularly described in Exhibit "A ". CONSIDERATIONS: Petition AVPLAT- 2007 -AR- 11255, Lot 39, Aviano at Naples, has been received by the Engineering Services Department from Barry E. Syren, PSM of Johnson Engineering, Inc., as agent for the petitioner, Toll Brothers, Inc. Letters of no objection have been received from applicable divisions /entities. FISCAL IMPACT: Engineering Services 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. HISTORICAUARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the Resolution and associated legal documents. Agenda Item No. 17D May 8, 2007 Page 2 of 6 RECOMMENDATIONS: Adopt the Resolution for Petition AVPLAT- 2007 -AR- 11255, to vacate a portion of a Lake Maintenance Easement in the rear of Lot 39, Aviano at Naples, a subdivision as recorded in Plat Book 43, Pages 67 through 71 of the Public Records of Collier County, Florida, situated in Section 18, Township 49 South, Range 25 East, 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 Page I of I Agenda Item No. 17D May 8, 2007 Page 3 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 17D Item Summary: This Item repulrea that all partiepants be sworn in and ex parts disclosure be provided by Commission members. Recommenda0on to approve Petition AVPLAT- 2006 -AR- 11255, Lot 39. Aviano at Naples, to disclaim, renounce and vacate the Countys and the Publics Interest In a portion of a Lake Maintenance Easement in the rear of Lot 39, Aviano at Naples, a subdivision as recorded In Plat Beek 43, Pages 67 through 71 of the Public Records of Collier County, Florida. situated in Section 18, Township 49 South_ Range 25 East, Collier County, Florida, and being more particularly described In Exhibit A. Meeting Date: 51812007 9.00. DO AM prepared By Stephen Higgins Surveyor Data Community Development 8 Environmental Services CDES Engineering Services 4112120077:47:34 AM Approved By Nick Casalanguida MPO Director Date Transportation Services Trans pear lon Planning 4112120078: O6 AM Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Data Community Development & Environmental Services CDES Engineurin9 Services 411212007 6:18 AM Approved By Marlene Stewart Execuilve Secretary Date Community Development& Consul Development& Environmental Services Environmental Services Admin. 41171200712:50 PM Approved By Judy Faig Operations Analyst Date Community Development Community Development& Environmental Services Environmental Services Admin. 411712007 1:16 PM Approved By Community Development & Joseph K. Schmitt Data Environmental Services Administrator Community Development Community Development& Environmental Services Environmental Services Admin. 4122120073:17 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 412512007 9:49 AM Approved By Mark lsacFord Budget Analyst Date County Managers Office Office of Management& Budget 412 6120 07 10.25 AM Approved By James V. Mudd County Manager Date Board of county Commissioners County Manager's Office 412812007 9:03 AM file: / /C:AAp,endaTest \Export\82 -Mav %208, %202007A 17. °/ 2OStJMMARY %20AGENDAAl7D... 5/2/2007 p r- co nOOo `tea z W U T m E co N�a M C N Q �r �s2NV� NoloNnav w r "a g � z W eR m om 9 F gik 2 a � N W9 nN Vl�3eavw n U l n Z `n m 00 m W O n N O fi e n ea J u- uriwuAi a y d 1, gg m N LL 0) O n ¢ OO Ho 6 O z W N M I O ~ m n 1- a N N Jo m J Q < J w O � m U n c O a m Z 3AI60 ONVIAV ±m ry Q _ UI O m C3) co N1 �h OVOa NOiSONInn '- N �r W N Cy wW rJ �a as w� mz �Q o' OO ff'! op 00 6J IL cQ L LZ 1� Q U J w r "a g � z W eR 9 F gik 2 a 9 1� 00 M p O fi J u- uriwuAi y d 1, gg LL 0) 6 n W N Cy wW rJ �a as w� mz �Q o' OO ff'! op 00 6J IL cQ L LZ 1� Q U J `•-Fo•. -a 11 POINT OF COMMENCEMENT TRACT "L -1" N.E. CORNER (LAKE, L.M.E. & D.E.) OF LOT 39 N89'34'5 8 "E -> -- S00'25'02 "E b 55.00' 19.35' 55.00' 589'34'58 "W N00'25'02 "W POINT OF 0.65' BEGINNING S00. 25'02 "E 0.65' SCAT£ W FEET 40 39 38 37 w AVIIA8t® at N"ZMW Agenda Item No. 17D May 8, 2 07 Page 6 f 6 RESOLUTION NO. 07- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION AVPLAT- 2007 -AR- 11255, DISCLAIMING, RENOUNCING, AND VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF A LAKE MAINTENANCE EASEMENT IN THE REAR OF LOT 39, OF AVIANO AT NAPLES, A SUBDIVISION AS RECORDED IN PLAT BOOK 43, PAGES 67 THROUGH 71 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SITUATED IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND BEING PARTICULARLY DESCRIBED IN EXHIBIT'A'. WHEREAS, pursuant to Sections 177.101, Florida Statutes, Petitioner, Toll Brothers, Inc., has requested vacation of a portion of a lake maintenance easement in the rear of Lot 39, Aviano at Naples, a subdivision as recorded in Plat Book 43, Pages 67 through 71 of the Public Records of Collier County, Florida, situated in Section 18, Township 49 South, Range 26 East, Collier County, Florida, as specifically described in Exhibit W; and WHEREAS, the Board has this day held a public hearing to consider Petitioner's request, and notice of said public hearing was given as required by law; and WHEREAS, the granting of Petitioner's request will not adversely affect the ownership or right of convenient access of 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 portion of a lake maintenance 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: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By: Approved as to form and legal sufficie t By: Jeff E. ri ht Assists olli� County Attorney JAMES COLETTA , CHAIRMAN Agenda Item No. 17E May 8, 2007 Pagel of 26 EXECUTIVE SUMMARY SV- 2006 -AR -10351 Unity of Naples Church, Debra Williams, Sr. Minister, representing Unity of Naples Church, requesting a sign variance for code enforcement violations of an off - premises sign that is not located on the church parcel for property located at 7100 Davis Boulevard, in Section 8, Township 50 South, Range 26 East, Collier County, Florida. OBJECTIVE: To have the Board of Zoning Appeals (BZA) consider an application for three sign variances from the requirements of Section 5.06 of the Land Development Code (LDC) to permit the Unity of Naples Church continued use of an existing off - premises directional sign. CONSIDERATIONS: The Petitioner requests three (3) sign variances from Section 5.06.04.C.15 of the LDC. The Petitioner's request is for a variance for the purpose of the installation of a new church sign that will front Davis Boulevard (SR -84). Currently, there is a pre- existing nonconforming sign for the Church that is located off - premises on the property of Seacrest Country Day School located at 7100 Davis Boulevard (SR -84). On or about August 19, 2005, Collier County Code Enforcement served the Church with a Notice of Violation for not having a proper sign permit for an off - premises sign. The subject site is zoned Estates (E) which permits churches and other community facilities which are compatible with the low density residential, semi -rural, and rural character of the E district. At present, the Church has an existing freestanding sign that was erected some time in the 1970s prior to adoption of the current LDC provisions that regulate off - premises signs. The existing Church facility is located approximately 1,283 feet from Davis Boulevard (SR -84) and does not have frontage along this arterial road. The entrance to the church property is from Unity Way (a private road), for which the Petitioner has obtained an easement that grants the church ingress and egress access by way of the Seacrest Country Day School property. Variance 1 seeks relief from LDC Section 5.06.04.C.15.a, which requires that off - premises directional signs shall only be permitted in non - residentially zoned or agricultural districts. Petitioner's Justification: This variance is appropriate because the current sign has been in place since the 1970s and, at that time, the area surrounding the church was undeveloped and zoned Rural Agricultural (A). In addition, the application contains a letter from Seacrest Country Day School supporting the location of the directional sign on their property. Staff Analysis: Staff has reviewed Variance 1 and found it appropriate because churches are community facilities allowed within the Estates (E) zoning district and because development in the past thirty years has made it difficult for the Church to attract new members due to a lack of visibility from Davis Boulevard (SR -84). SV- 2006 -AR -10351 Unity of Naples Church Page 1 of 3 BCC hearing 5/8/2007 Agenda Item No. 17E May 8, 2007 Page 2 of 26 Variance 2 seeks relief from LDC Section 5.06.04.C.15.b.i, which requires each sign to be no more than twelve (12) square feet in area. Petitioner's Justification: The proposed eighteen (18) foot sign exceeds the allowable twelve (12) square foot permissible sign, but the current sign measures 36.70 square feet (120" x 44 ") and the size requirement in the LDC would be a significant reduction and would cause the sign to be difficult to see given the traffic flow on Davis Boulevard (CR -84). Staff Analysis: Staff has reviewed Variance 2 and recognizes the special circumstances upon which to base approval of this variance request. The maximum allowable sign per the LDC is twelve (12) square feet and the current sign measures slightly over thirty -six (36) square feet (10' x 3.6'). The proposed new sign is eighteen (18) square feet, which is a significant reduction from the current pre- existing nonconforming sign. Granting the requested variance would not confer upon the applicant a special privilege that would be denied to other property owners of the district. Variance 3 seeks relief from LDC Section 5.06.04.C.15.b.v, which requires a sign to be located within 1,000 feet of the intersection of the arterial roadway serving the building, structure, or use. Petitioner's Justification: The applicant feels the sign is needed to direct their congregation to the appropriate entrance of the Church. Staff Analysis: Staff has reviewed Variance 3 and found it appropriate because the special circumstances did not result from actions of the Petitioner. The proposed signage is necessary for the Church's congregation from both an informational and a directional perspective. The sign will not detrimentally impact the surrounding area. FISCAL IMPACT: The sign variance, by and of itself, will have no fiscal or development impact on Collier County. GROWTH MANAGEMENT PLAN IMPACT: Future Land Use Element (FLUE): The subject property is zoned Estates (E) and is located within the Urban Residential Subdistrict of the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). The GMP does not address individual variance requests; it focuses on the greater issue of the actual land use. The Unity of Naples Church is consistent with the FLUM because the Urban Designated areas accommodate community facilities such as churches, where feasible and mutually acceptable. SV- 2006 -AR -10351 Unity of Naples Church Page 2 of 3 BCC hearing 5/8/2007 Agenda Item No. 17E May 8, 2007 Page 3 of 26 ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC does not review sign variance petitions. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition SV- 2006 -AR -10351 on April 5, 2007 and by a vote of 8 -0 recommended to forward this petition to the Board of Zoning Appeals (BZA) with a recommendation of approval. The Planning Commission raised some questions regarding the size of the proposed sign during the hearing. Some of the CCPC members felt the proposed sign was not large enough to be seen on Davis Boulevard (CR -84). The applicant addressed the questions by stating that the proposed sign was approved by the Property Owner in a letter dated August 9, 2006 as well as the congregation of Unity of Naples Church. Initially, staff recommended approval of two of the three variances requested. Some of the CCPC members suggested that the current size of the sign, thirty-six (36) square feet, is too small for its location on Davis Boulevard due to the posted speed limit and the proposed eighteen (18) square foot sign is half the size of the existing sign. Staff does not object to the recommendation by the CCPC and agrees with their justification that the proposed sign should be no less than eighteen square feet for safety purposes. The Engineering Services Department staff has informed the petitioner that they will have to obtain a revised easement deed from the Seacrest Country Day School when Davis Boulevard is widened so that the sign will meet the ten (10) foot setback County requirements. Because the CCPC approval recommendation was unanimous and no letters of objection have been received, this petition has been placed on the Summary Agenda. LEGAL CONSIDERATIONS: This agenda item, including the application, Staff Report, Executive Summary and proposed Resolution, has been reviewed and approved by the County Attorney's Office for legal sufficiency. RECOMMENDATION: Staff recommends that the Board of Zoning Appeals (BZA) approve Petition SV- 2006 -AR- 10351 Unity of Naples Church. PREPARED BY: Melissa Zone, Principal Planner Department of Zoning and Land Development Review SV- 2006 -AR -10351 Unity of Naples Church Page 3 of 3 BCC hearing 5/8/2007 Page 1 of 1 Agenda Item No 17E May 8, 2007 Page 4 of 26 file: / /C:\AgendaTest \Export\82 - May %p208, %202007\ l 7. %20SUMMARY %20AGENDA\ 17E... 5/2/2007 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 Comimsaion members. SV- 2006 -AR -10351 Unity of Naples Church consented by Debra Williams, Sr. Minister of Unity of Naples Church, Is requesting a Sign variance for code enforcement violations of alt Oft premise sign that Is not located on the property. The subject properly Is located at 7100 Davis Boulevard, In Section 9, TOwnShlp 506, Range 26E. Collier County. Florida. Meeting Date: 5/812007 990.00 AM Prepared By Melissa Zone Principe; Planner Date Community Development & Environmental Services Zoning 8 Land Development Review 411712007 5:49:59 PM Approved By Donald L Scott Transportation Planning Director Data Transportation Services Transportation Planning 4120120070: 01 AM Approved By Jeff Klatzkow Assistant County Attorney Data County Attorney County Aaorney Coast 4120120071:47 PM Approved By Susan Murray. AICP Zoning & Land Development Director Data Community Development & Environmental Services Zoning & Land Development Review 412 312 00 7 10:07 AM Approved By Ray Bellows Chief planner Data Community Development & Environmental Services Zoning & Land Development Review 412312007 5:02 PM Approved By Norm E. Fede, AICP Transportation Division Administrator Date Transportation Services Transportation Services Atlmin. 412 41200 7 10: 52 AM Approved By Judy Puig Operations Analyst Data Community Development & Community Development & Environmental Services Environmental Services Admin. 4125120070; 00 AM Approved By Marlene Stewart Executive Secretary Date Community Development is Community Development Environmental Services Environmental Services Atlmin. 4125120079; 22 AM Approved By Community Development & Joseph H. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & Environmental Servces Environmental Services Adman, 4126120075: 01 PM Approved By OMB Coordinator Administrative Assistant Date County Managers Office Office of Managpment &Budget 4127120070: 52 AM Approved By Marklseckson Budget Analyst Date County Manager's Office Office of Management to Budget 511120074: 31 Re Approved By James V. Mudd County Manager Data Board of County Commissomem County Managers Office 5/212007 9; 28 AM file: / /C:\AgendaTest \Export\82 - May %p208, %202007\ l 7. %20SUMMARY %20AGENDA\ 17E... 5/2/2007 Agenda Item No. 17E May 8, 2007 Page 5 of 26 Co *er 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 SV- 2006 -AR -10351 UNITY OF NAPLES CHURCH OV*NER/APPLICANT: Debra Carter Williams, Senior Minister Unity of Naples Church 2000 Unity Way Naples, FL 34112 REOUESTED ACTION: The applicant is requesting three variances from the requirements of Section 5.06.00 of the Land Development Code (LDC) to permit the continued use of an off - premise directional signs. GEOGRAPHIC LOCATION: The subject property is located at 7100 Davis Boulevard (CR -84), in Section 8, Township 50 South, Range 26 East, Collier County, Florida. (See the location map on the following page) PURPOSEIDESCRIPTION OF PROJECT: The subject petition is a request for three (3) sign variances from Section 5.06.04.C.15 of the LDC. The applicant's request is for a variance for the purpose of the installation of a new church sign (Exhibit B) that will front Davis Boulevard (SR -84). Currently, there is a sign for the Church that is located off - premises on the property of Seacrest Country Day School located at 7100 Davis Boulevard (SR -84). The existing Church facility is located approximately 1,283 feet from SR -84 and does not have frontage along this arterial road. The subject site is zoned Estates (E) which permits churches and other community facilities which are compatible with the low density residential, semi - rural, and rural character of the E district. SV- 2006 -AR -10351 Unity of Naples Church April 5, 2007 CCPC Hearing Page I of 7 To be switched out for Location Map Agenda Item No. 17E May 8, 2007 Page 6 of 26 SV- 2006 -AR -10351 Unity of Naples Church April 5, 2007 CCPC Hearing Page 2 of 7 Agenda Item No. 17E May 8, 2007 At present, the Church has an existing freestanding sign that was erected some time in the 19709pviiof 26 to adoption of the current LDC provisions that regulate off - premises signs. The entrance to the church property is Unity Way, for which the applicant has obtained an easement (Exhibit C) that grants the church ingress and egress access by way of the Seacrest Country Day School property. On or about August 19, 2005, Collier County Code Enforcement served the Church with a Notice of Violation (Exhibit A) for not having a proper sign permit for an off - premises sign, pursuant to the following LDC regulations: Variance 1 seeks relief from LDC Section 5.06.04.C.15.a, which requires that off - premises directional signs shall only be permitted in non - residentially zoned or agricultural districts. Petitioner's Justification: This variance is appropriate because the current sign has been in place since the 1970s and, at that time, the area surrounding the church was undeveloped and zoned Rural Agricultural (A). If denied the variance request, the church will be adversely impacted due to lack of a sign for the congregation's growth, viability and ability to serve the community. Furthermore, the applicant has submitted a letter from Seacrest Country Day School supporting the location of the directional sign on their property (Exhibit D). Staff Analysis and Recommendation: Staff has reviewed Variance 1 and found it appropriate because churches are community facilities allowed within the Estates (E) zoning district and because development in the past thirty years has made it difficult for the Church to thrive due to impeded visibility from Davis Boulevard (SR -84). Also, granting of the variance will not diminish or otherwise detrimentally affect the public health, safety or welfare. Variance 2 seeks relief from LDC Section 5.06.04.C.15.b.i, which requires each sign to be no more than twelve (12) square feet in area. Petitioner's Justification: The proposed eighteen (18) foot sign exceeds the allowable twelve (12) square foot permissible sign, but the current sign measures 36.70 square feet (120" x 44 ") and the size requirement in the LDC would be a significant reduction and would cause the sign to be difficult to see given the traffic flow on Davis Boulevard (CR -84). Staff Analysis and Recommendation: Staff has reviewed Variance 2 and has been unable to find special circumstances upon which to base approval of this variance request. The maximum allowable sign per the LDC is twelve (12) square feet and the current sign measures slightly over thirty -six (36) square feet (10' x 3.6'). The proposed new sign is eighteen (18) square feet, which is a significant reduction in size. Although the proposed sign is significantly smaller, staff has been unable to find adequate reason to support authorization of a sign that exceeds the maximum allowable size by fifty percent. Furthermore, the proposed sign plan indicates a structure holding the sign that measures seven feet high by nine feet wide (7' x 9') or sixty -three (63) square feet, the LDC variance provision applies to each sign to be no more than twelve (12) square feet in area. Granting the requested variance would confer upon the applicant a special privilege that would be denied to other property owners of the district. Variance 3 seeks relief from LDC Section 5.06.04.C.15.b.v, which requires a sign to be located within 1,000 feet of the intersection of the arterial roadway serving the building, structure, or use. SV- 2006 -AR -10351 Unity of Naples Church April 5, 2007 CCPC Hearing Page 3 of 7 Agenda Item No. 17E May 8, 2007 Petitioner's Justification: The applicant feels the sign is needed to direct their congregatid?Pso $W 26 appropriate entrance of the Church; otherwise people would try to enter the Seacrest School entrance, which would result in an unnecessary hardship on the congregation. Staff Analysis and Recommendation: Staff has reviewed Variance 3 and found it appropriate because the special circumstances did not result from actions of the applicant. The proposed signage is necessary for the Church's congregation from both an informational and a directional perspective. The sign will not detrimentally impact the surrounding area. SURROUNDING LAND USE AND ZONING: Subject Parcel: Unity of Naples Church, zoned Estates (E) with a Conditional Use Overlay (CU) Surrounding- North: Seacrest Upper and Lower School, zoned Community Facilities Planned Unit Development South: Falling Waters Planned Unit Development, zoned PUD East: Vacant, Zoned Estates (E) and Falling Waters Planned Unit Development, zoned PUD West: Seacrest Upper and Lower School, zoned Community Facilities Planned Unit Development and Eden Institute Foundation, Inc., Zoned Estates (E) with a Conditional Use Overlay (CU) Collier County Zoning Map SV- 2006 -AR -10351 Unity of Naples Church April 5, 2007 CCPC Hearing Page 4 of 7 Agenda Item No. 17E May 8, 2007 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Page 9 of 26 Future Land Use Element (FLUE): The subject property is zoned Estates (E) and is located within the Urban Residential Subdistrict of the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). The GMP does not address individual variance requests; it focuses on the greater issue of the actual land use. The Unity of Naples Church is consistent with the FLUM because the Urban Designated areas accommodate community facilities such as churches, where feasible and mutually acceptable. ANALYSIS: Section 9.04.00 of the LDC authorizes the Board of Zoning Appeals (BZA) to grant variances. The Collier County Planning Commission (CCPC) is advisory to the BZA and utilizes the provisions of Section 9.04.03.A through 9.04.03.H, which are general guidelines to be used to assist the CCPC in making a determination. Before the CCPC recommends approval of the variance to the BZA, they shall consider and be guided by the following standards. Staff has analyzed this petition request and offers the responses to the items in Section 9.04.03 as follows: A. There are special conditions and circumstances existing which are peculiar to the location, size, and characteristics of the land, structure, or building involved. Yes, the unusual circumstance is that the existing Church property is set back 1,283 feet from Davis Boulevard (SR -84), which is 283 feet beyond the allowed threshold. Without a sign variance, the existing church directional sign would have to be removed, which could make the facility difficult to find for new parishioners and which could impede the Church's long -term development. B. There are special conditions and circumstances which do not result from the action of the applicant, such as pre - existing conditions relative to the property which is the subject of the variance request. No, while the existing sign was constructed in the 1970s, no record of a sign permit has been found. Conversely, prohibiting the proposed sign at its current location would eliminate the convenience and visibility to the public. C. A literal interpretation of the provisions of the LDC work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Given that Unity of Naples Church does not front on a public right -of -way, the denial of the off - premises sign variance will reduce the directional information from future patrons of the church as well as the current congregation. D. The variance, if granted, will be the minimum variance that will make possible the reasonable use of the land, building, or structure and which promote standards of health, safety, or welfare. Yes, the variance request will not allow any increase of the existing encroachment; therefore, by allowing the sign to remain in its present location, there would be a minimal variance. The existing sign location is on the south side of Davis Boulevard (SR -84) and east of Unity Way (private right - of -way). SV- 2006 -AR -10351 Unity of Naples Church April 5, 2007 CCPC Hearing Page 5 of 7 Agenda Item No. 17E May 8, 2007 E. Granting the variance requested will not confer on the petitioner any special privileomiq ig 26 denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. Yes, the granting of this sign variance request, though minor, would result in a privilege being granted to the Church. F. Granting the variance will be in harmony with the intent and purpose of the LDC, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Section 5.06.0LA of the LDC lists five objectives to promote the health, safety, convenience, aesthetics, and general welfare of the community by controlling signs which are intended to communicate to the public and to authorize the use of signs which are: 1. Compatible with their surroundings. 2. Designed, constructed, installed and maintained in a manner which does not endanger public safety or unduly distract motorists. 3. Appropriate to the type of activity to which they pertain. 4. Are large enough to convey sufficient information about the owner or occupants of a particular property, the products or services available on the property, or the activities conducted on the property and small enough to satisfy the needs for regulation. 5. Reflective of the identity and creativity of the individual occupants. The proposed sign (Exhibit B) meets the above listed objectives. The proposed sign will not distract the attention of motorists and pedestrians nor will it interfere with traffic safety. G. There are natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation, such as natural preserves, lakes, golf course, etc. No, however, because there is not a through street running immediately adjacent to the property (Unity Way is a private access road for Seacrest Country Day School) the church site is unique in that its main visibility is from off - premises sign located on Davis Boulevard. H. Granting the variance will be consistent with the GMP. Approval of this variance petition will be consistent with the Growth Management Plan (GMP) given that it will not amend or affect the requirements of the GMP. STAFF RECOMMENDATION: Zoning and Land Development Review staff recommends that the Collier County Planning Commission (CCPC) forward petition SV- 2006 -AR -10351 to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to the following stipulations: That the applicant obtain a new easement deed from the Seacrest Country Day School when Davis Boulevard is widened so that the sign will meet the county setback requirements. That the BZA does not approve the eighteen (18) square feet in area variance request. PREPARED BY: SV- 2006 -AR -10351 Unity of Naples Church April 5, 2007 CCPC Hearing Page 6 of 7 Agenda Item No. 17E May 8. 2007 Page 11 of 26 MELISSA ZONE, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: 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 May 8, 2007 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN SV- 2006 -AR -10351 Unity of Naples Church April 5, 2007 CCPC Hearing Page 7 of 7 w�� ao� o Emco a m a c Q / 7 I � o UUp" �z � ' O I � A�°°'°mr, � Al � s d �.6 � moi xrw uxm 5g �� oz qq 7�i 7 9 453 py kS = s p oa nourun p mill Eggg Y ga A W dd � 'FA I o b �I I O 9 a EgA s 3sn xrn moa xx+e uxnw / 7 Q CD Z Z O N cLL C O Q 0 J ftI o UUp" �z � ' O A�°°'°mr, � Al � �.6 � moi xrw uxm 5g �� 'c Fill, 9 453 py kS ' cs R p oa nourun p mill Eggg Y ga A Q CD Z Z O N cLL C O Q 0 J ftI Agenda Item No. 17E May 8, 2007 Page 13 of 26 RESOLUTION NO. 07- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER SV- 2006 -AR- 10351, GRANTING THREE VARIANCES FROM SECTION 5.06.04.C.15 OF THE LAND DEVELOPMENT CODE, CONCERNING AN OFF - PREMISES DIRECTIONAL SIGN FOR THE UNITY OF NAPLES CHURCH, LOCATED AT 7100 DAVIS BLVD„ SECTION 8, TOWNSHIP SOS, RANGE 26E, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as arc necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adapted a Land Development Code (LDC) (Ordinance No. 04 -41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Petitioner is requesting three variances with respect to an off - premises directional sign. They are: (1) relief from LDC §5.06.04.C.15.a, which states that off - premises directional signs are only permitted in non - residentially zoned or agricultural districts; (2) relief from LDC §5.06.04.C,l5b.i, which requires each off - premises directional sign to be no more than twelve (12) square feet in area; and (3) relief from LDC §5.06.04.C.15.b.v, which requires an off - premises directional sign to be within 1,000 feet of the intersection of the arterial roadway serving the btrilding, structure, or use; and WHEREAS, the Board of Zoning Appeals has held a public hearing with due notice made, and has considered the advisability of granting these variances; and WHEREAS, the Board has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that the Board hereby approves all three variance requests set forth in Petition SV- 2006 -AR- 10351, filed by Debra Carter Williams, Senior Minister of the Unity of Naples Church, concerning the subject property described in Exhibit "A," in Section 8, Township 508, Range 26E, Collier County, Florida. Accordingly, a variance is hereby approved for the requested eighteen (18) square foot off premises directional sign in the Estate (E) Zoning Page 1 of 2 Agenda Item No. 17E May 8, 2007 Page 14 of 26 District, which sign may be located as set forth in Exhibit "B," which is more than 1,000 feet from the intersection of the arterial roadway serving the building, structure, or use. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV- 2006 -AR -10351 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, this day of ,2007. ATTEST: BOARD Or ZONING APPEALS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By By:` _ Deputy Clerk JAMES COLETTA, CHA"AN Ap roved as to form an le u i nc JCti y A. IU kow Man grog As i not County Attorney Page 2 of 2 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW W W W.COLLIERGOV.NET Agenda Item No. 17E May 8, 2007 2600 NORTH HORSESHOE DRIVE Page 15 of 26 NAPLES, FLORIDA 34104 (239) 403 -2400 FAX (239) 643.6968 PETITION NUMBER (AR) PROJECT NAME PROJECT NUMBER For Sfaff Use DATE PROCESSED COORDINATING PLANNER ABOVE TO BE COMPLETED BY STAFF PETITIONER'S NAME: Unity of Naples Church ADDRESS: 2000 Unity Way City Naples Sfote Florida Zip 39712 PHONE #, 239) 775 -3009 CELL # (239) 248 -5141 FAX _J2311_77.5 -2082 E -MAIL ADDRESS:' debracwilliams @ naples unity. org AGENT: Debra Carter Williams FIRM: Senior Minister Unity of Naples ADDRESS• same as above City State Zia AX # E -MAIL Be aware that Collier County has lobbyist regulations. Guide yourself accordingly I l and ensure that you are in compliance with these regulations. Application for Sign Vnd.n Pelltlon -9/04, ...9/21/04 SECTION /TOWNSHIP /RANGE: B /_._50 / 26 PROPERTY IA.# SUBDIVISION NAME: 00403720000 BLOCK LOT Agenda Item No. 17E May 8, 2007 Pace 16 of 26 METES & BOUNDS DESCRIPTION: 8 1110 26 E312 of W112 of NW 114 of NP 114 T.PSS N 75 FT R/W ADDRESS OF SIGN LOCATION: 7,nn n.viq atyd Naples, Florida 34104 CURRENT ZONING CFPUD _LAND USE OF SUBJECT PARCEL: Tn i v .tonal Length & Height of wall upon which the Sign will be secured: Width of Subject Property: (Road Frontage) twukii 60 PETITION (if Wali Sign) Provide a detailed explanation of the variance request including what signs are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce setback from 15' 10 10'; why encroachment is necessary; how existing encroachment came to bet etc. SEE ATTACHMENT Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided In Its determination to approve or deny a variance petition by the below listed criteria (1 -6). (Please address this criteria using additional pages if necessary.) 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. The property of Unity of Naples Church does not._front_ Davis Blvd. Since the church is not visible �thpnsign is the only indication of the church' "s .1szC.a.*t nn. mh=nrnnPrry ,etc 1287 ";faPt• hark from Appllcallon fnr Sign Varlanco Ninon -9/04, rev. 9/11 /04 Agenda Item No. 17E May 8, 2007 Page 17 of 26 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre- exfsthtg conditions relative to the property which is the subject of the variance request. SEE ATTACHMENT 3. Will a literal Interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Yes. Without a sign on Davis Blvd, the church will be extremely difficult to find. This would have immediate and long— reaching effects on the viability of the church as well as its growth and stability. 4. Will the variance, If granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. wh'1 P., a a ct-atp nrpvi nugI v, that t ,a request is thrPe-fnt r#, it i s belietCed _the t_.�h_e__res7ues�wi� me£t thi 4 criteria 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures In the same zoning district. No. While the variance in itself is a deviation from the strict Land Development Code, the granting of it would not provide _ extraordinary privilege to Unity of Naples Church, 6. WIII granting the variance be in harmony with the Intent and purpose of this zoning code, and not be Injurious to the neighborhood, or otherwise detrimental to the public welfare. Yes. The sign has been desined to blend with the styles of our. neitjhboring signs and will provide a more pleasing and attractive image for the church and one that comliments that of our neighbors. Appncaiba Eor Sign Yadai.ce Pennon— 9/04, rm. 9/91/04 Agenda Item No. 17E May 8, 2007 Page 18 of 26 7. Are there natural conditions or physically Induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. B. WIII granting the variance be consistent with the growth management plan. Yes. The church is apre- existing and long -term organization that has contributed to the welfare of the community_ Applimnon far Sign Variance Petition — 9104, ray. 9/21104 Agenda Item No. 17E May 8, 2007 Page 19 of 26 Unity of Naples Church, 2000 Unity Way, Naples, Florida, 34112, requests a variance to the Collier County Land Development Code Section 5.06.00 for the purpose of the installation of a new church sign fronting Davis Blvd. The folio number for the church property is 00402560009. The land use is institutional. The current sign is erected on the property of Seacrest Country Day School at 7100 Davis Bvld (FOLIO NUMBER: 00403720000). The church property sits 1283 feet from Davis Blvd and has no frontage along Davis Blvd. The entrance to Unity of Naples Church property is via Unity Way through Seacrest property. We have legal easement rights to this means of ingress and egress. The current sign was erected in the 1970's and, due to area development, it is now considered an off - premise sign. The design plans for the proposed new sign are attached. , We have asked for and have received from Seacrest permission for an casement for the new sign (letter included) in the same area of the current sign. The easement is as follows: COMMENSING AT' THE NORTI IWEST CORNFR OF FALLING WATERS RNPLAT AS RECORDED IN PLAT BOOK 19, PAGES 4 -7 OF THE PUBI dC RECORDS OF COLLIER COUNTY, FI.ORIDA; TI IENCE NOTH 000'03'46" WEST FOR 25 FEET OP THE SOUTI -1 RIGHT OF WAY LINE OF DAVIS BLVD; THENCE NORTH 89'20'02" WEST 153.00 FEET ALONE THE SAID SOUTH RIGH OF WAY LINE TO THE POINT OF THE BEGINNING O AS FOOT WIDE EASEMENT LYING 4 FEET EACH SIDE OF THE FOLL W ING DESCRIBED LINE: THENCE SOUTH 00'39'42" W FOR 30.00 FEET. The variance petition to Collier County Land Development code 5.06.04 is three-fold: • Variance to the code concerning off premise signs • The set back to the property line exceeds 1000 feet (1283 actual) • Size of sign exceeds code (allowable limit 12 square feet - proposed 18 square feet) When the church moved to its current location, the area was largely undeveloped. The major land use was agricultural. Over the years, with the development of Seacrest and Falling Waters, the property lines have shifted due to various land exchanges and purchases over the past many years. The current sign was erected in the 1970's before the current codes and before the current development of the immediate area. The church will be profoundly impacted without the approval of this variance petition. Without a sign there will be severe effects to our growth, viability and our ability to serve the community. 2. Agenda Item No. 17E May 8, 2007 Page 20 of 26 When Unity of Naples moved to its present location in the t970's in Oast Naples, there was very tittle development in the area, In fact, Unity of Naples was almost alone in its current vicinity. The primary land usage of the area was agricultural. Seacrest Country Day School was founded by our former minister's spouse in our present buildings at our present location. With the success of the school, it became necessary for Seacrest to build its own classrooms and administrative offices. These now front Davis Blvd. While there has never been any legal connection between Unity and Seacrest, the church was very supportive of its growth and development. Because of the rapid growth of Naples, the necessity of explicit signage codes and the development of our irmnediate area, the church has found itself well out of code in regards to our sign. We now seek to rectify this. LIJ CD O ZEN E a) ti D ro 0 ro ol ------ ------ i -, ak ev I 4. :2 Fl 0 two S. Z 4-4 z 0 �o ®l R O. p N O p Agenda Item No. 17E May 8, 2007 Page 22 of 26 If' e ir e m AFFIDAVIT Agenda Item No. 17E May 8, 2007 Page 23 of 26 � We /ZL.•hr����ar 4i.�l pills beingimsf cly sworn, depose and say that well am /are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, dab, 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. We /I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shalt 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 We /1 further authorize our /my representative in any matters regarding this Petition. Signature of Property Owner 187]2 ' laths r.�yn6 +e,r Typed or Printed Name of caner Signature of Property Owner Typed or Printed Name of Owner to act as ^�he f ing 'nsf ent was cknowledged before me this 2 t day of MEtT 20�, by 4L 1 !n �o. W. 11 ma Mr-5 s who is personally known to me or has produced as identification. f i; k" A151111 YGV. VMAN PIOaE allobry Pc .... d'.. h Cmirssion E„pes atic 3 0 Oo,mrim /04!)9*6 5 e BO O BY WI Nine, /,vn. F�Cfl O Mpn�Ri� ___ Slate of Florida (Signomie of Noiory Public - Smte of Florida) County of Collier (Print, Type, or Slump Commissioned Name of Notary Public) Alper-., m1 spa, ve.a,,.e 10111 -e /o., v /n /rl loiaL L arty ]Deed (STATUTORY FORM— SECTION 689.02 F.S.) Obis Jn3euture, Made this /D y ), day of March A. VERNON ALLEN and BELVIA D. ALLEN, husband and wife R'chard 8ivins Lansrale of 26 CHARD 13rMS iAMSDALT , P 194 North Tamlaml TraO NAPLES, FLORIDA SSR40 of the County of Col l ier , State of Florida 33940 UNITY OF NAPLES, INC,a Florida corporation whose post office address is 365 5th Avenue, south, City of Naples of the County of Collier , State of Florida 33940 19 71 , $irtlumt , grantor', and grantee`, Witnesart4, That said grantor, for and in consideration of the sum of -- --- --- -- -------- ---- -- - - - - -- --Ten and no/ 100------------------ ---- ------ ---- -Dolim:s, and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantees heirs and assigns forever, the fol. ]owing described land, situate, lying and being in Collier County, Florida, to -wit: The Northwest quarter (NWl /4) of the Southwest quarter (SWl /4) of the Northeast quarter (NE1 /4) of Section 8, Township 50 South, Range 26 East, Collier County, Florida, TOGETHER WITH easements or rights of ingress or egress of record owned or possessed by the Grantor for said premises, and SUBJECT TO easements and restrictions of record. DOCOM�EaTARRY wx v FL'PR(A A STATE of F<_DRIOA% DOCUMENTARY ,..� , rSTAMP TAXI aCPT FF aEYENUE Ir .A o ra xnnssa 5 0. 1 0,1 and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. ° "Grantor' and "grantee' are used for singular or plural, as context requires. Jtt 30itnrss 04ered, Grantor has hereunto set grantors hand and seal the clay and year Rrst above written, Signed, sealed and delivered in our presence: (Seal) i�9 O A Vern i �.� (Seal) Belvia D. Allen Seal) STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this clay before me, an officer duly qualified to take acknowledgments, personally appeared A. VERNON ALLEN and BELVIA D. ALLEN, husband and wife to me known to be the persons described in and who executed the foregoing Instrument and acknowledged before me that t be y executed the same. .„ ,{{ WITNESS my hand and official seal in the County and Stato last aforesaid this t 4P�s �_ March ID 71 : a RECORDED � ,— � My commission expires, I• � - _:.:' �t(' ,)', )?lotayy Public 9 -'7'/ '�9Lkl�'RCOItkT7:PL9. ",•?4 u,•a;` c; MAR 25 1(I 1,1 AM '71 = .. SKETCH OF SURVEY 21 9 R LI a S I �r n I s. W >>: N 6 Vq� �u q� Q 19(DRUSED .SIGN L'ASEMRN?` m N 1I J A PMC(L LlW IN lx[ x4RIx11E$1 4 C( T AVxxIfASI M Cf .V (1101 4 I.. W W is vw A. xa Iro 1, eauex wuxn. 8010., .1 P.wranAUR Dssaes(n Az CAW[NM6'Al Mf'MOIRIYE{1 [1YN(x R YM Iwo SO"' xE11 x1 AS xEGW M IU Y.Ar A. ,AXA IA W.Ei A - R K LQ vI, AS llR D1 Drcu[n cCWIY, .., ..; . W 60Ya90pMr IARxRLewR. aysOOD'I", D AESE 151. ITS, lli .1 E SAM. wMR Un a I Ylllf 1LL1AMI10 Stlli[D[1 RR N' A L [LDl MM [ASEUF1x LYNaC 11Ft1 FAb, SIDE ME., SO1R1 .4.W. 'a, .IRM.LE1. ND9e S I) 9CACIRGi SIIDVN IERCM RLFLR in TlK CCIITER LIM IT DAVIS A.EVARD, AS DEW. N 09'20 "D2' V. 2) IN1S MWERn IS SUB.IEC1 TO CASEMDIIS, RESERVATIONS M MESIRIEIRVIS Ir MEW S) DlN Nl= 3113V ICRCON ARE W EECI alA EtCbnLS MCRECP. 4.11M➢R0VEK.RTS OTINR MAN 1Y 3E SWITI IIAVC M1 WFM LCCAECE 31 1"" . T 1.1c, VlS Mw PC t0 SIIDV E%ISTA CRILiTIUY AT TIIL FWTRAMEC TH MllrI CMURCli DI'1' DAVIS 10I EV". Fn Iling lV a tern Agenda Item No. 17E May 8, 2007 LNTRAA'CL TO SCWIOL 8 CNURCl1 Rlghl of W., To Lh.lh /—a{ Ily is 1203' a Li OLi 3 LZI Im Oy CL Q Mrl P4 TO nev o ervna, PLs Cef \IIkO Le H1.MeP A53p pAIC d' NRVCY� RPRR D], PWL ,All VALID V)TlIW7 ME SI.IVRE Nru (rvC WILINAL RAISED SEAL W A ELCflIM LIWRED MV[YUR AND MAPPER UNITY CHURCH SPECIAL PURPOSE SURVEY ....���`LLTT99 .ilnwtl. 8C .�Nruwun Y7� SwvP '✓wryuly 6 Y ,d �ln...w.y MJ.Iw 9L.i. sllC{ (LS94f611- 5963 LEGEND I.,I eacx(x uwuu(m Iron roo) r!fl!• ♦ .0 VE' I'MAS KD I.. 'A"Il N1 A. Yl. wIRIINI (AYY(xI TIE. EA MWE GIIMM 11.C. ululY WIUWI PR Pym[i"cKwl LET WxNIN hNMM P[ MNI [f anVAryM .. EASE, LAL EMAIL f dRRfM a .IS WLE I p.ACA. n E. Pw 11 Ype YLIMe e MSE. IIOMTI- fMY IRG K YAYSYMI WI uAluln�w P.wn YW[ V rtu�lAY(uWl PMIt tf leM1wnc LNTRAA'CL TO SCWIOL 8 CNURCl1 Rlghl of W., To Lh.lh /—a{ Ily is 1203' a Li OLi 3 LZI Im Oy CL Q Mrl P4 TO nev o ervna, PLs Cef \IIkO Le H1.MeP A53p pAIC d' NRVCY� RPRR D], PWL ,All VALID V)TlIW7 ME SI.IVRE Nru (rvC WILINAL RAISED SEAL W A ELCflIM LIWRED MV[YUR AND MAPPER UNITY CHURCH SPECIAL PURPOSE SURVEY ....���`LLTT99 .ilnwtl. 8C .�Nruwun Y7� SwvP '✓wryuly 6 Y ,d �ln...w.y MJ.Iw 9L.i. sllC{ (LS94f611- 5963 Hgen a IteM NO, I _ f E. May 8, 2007 �— Page 26 of 26 SaCREST Country Day School August 9, 2006 Debra Carter Williams Senior Minister Unity of Naples Church 2000 Unity Way Naples, PL, 34112 -2732 Dear Debra, Thank you for the drawings for the new Unity of Naples signs. I am pleased with the designs and approve the placement of both signs on the property of Seacrest Country Day School. I am available for any guidance you may need with the placement of the directional sign We all look forward to the unveiling of the new sight. Bed} Regards r� D0184124 Agenda Item No. 17F May 8, 2007 Page 1 of 20 EXECUTIVE SUMMARY Adopt a Resolution amending the Water Restriction Surcharge, Schedule One of Appendix A of the Collier County Ordinance No. 2006 -27, titled Collier County Water -Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance. OBJECTIVE: Board of County Commissioners adoption of a Resolution amending the Water Restriction Surcharge, in Schedule One of Appendix A of the Collier County Ordinance No. 2006 -27, titled Collier County Water -Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance. (Included as an attachment) CONSIDERATIONS: The Collier County Water -Sewer District (CCWSD) is required, by the CCWSD Uniform Billing, Operating and Regulatory Standards Ordinance No. 2006 -27, to implement a Water Restriction Surcharge to amend the water block rate volume charge, dependent on the water use restriction phase declared by the South Florida Water Management District ( SFWMD). On 12 April 2007 the SFWMD declared a Phase II Severe Water Shortage which CCWSD implemented on 13 April 2007, the Board was informed of the implementation on 24 April, agenda item l OB. The water usage restriction plan adopted by the SFWMD is designed to reduce water demand and water production by using increasingly restrictive Phases to reduce consumption. CCWSD imposes a surcharge to promote conservation due to the imposition of the mandatory water restrictions by the SFWMD and to maintain revenues in the System to preserve financial stability and operating margins to meet its financial commitments. Ordinance No. 2006 -27 requires that a thirty (30 %) percent surcharge be imposed in the event of a Phase II Severe Water Shortage declaration, on volume charges for potable water consumption greater than Block 2 and above for residential customers, greater than Block 1 for non - residential customers, and all consumption by irrigation only accounts. The surcharge is not assessed against the service availability charge. Schedule One of Appendix A, of Ordinance No. 2006 -27 currently reads: 4. Water Restriction Surcharge: Water Shortage Phase* Percent Reduction Flow Charge Rate In Overall Demand Adjustment Percentage Phase 1 - Moderate Less Than t5% 15% Phase 2 — Severe Less "than 30% 30% Phase 3 — Extreme Less Than 40% 40% Phase 4 - Critical Less Than 60% 60% *Per the South Florida Water Management District (SFWMD) Water Shortage Plan Pursuant to Chapter 40E -21 of the Florida Administrative Code (FAC) The CCWSD has promoted conservation of water sources for many years and through the Collier County Water Irrigation Ordinance No. 2002 -17 has imposed ongoing restrictions that reflect the SFWMD Phase I Moderate Water Restriction. As a result of these conservation measures, the Executive Summary Water Restriction Surcharge Page 2 continuing revenue from Blocks 1 and Agenda Item No. 17F May 8, 2007 Page 2 of 20 residential consumption, Block 1 non - residential consumption and reduction in operational variable costs, the CCWSD is proposing to remove reference to Phase I and limit the surcharge demanded by Ordinance No. 2006 -27 to fifteen (15 %) percent for Phase II water restrictions. This also recognizes that the water restrictions may continue through and beyond the wet season. Staff will continue to monitor the consumption of water in order to determine whether the recommended surcharge should again be amended. CCWSD recommends that Schedule One of Appendix A, of Ordinance No. 2006 -27 should read: 4. Water Restriction Surcharge: Water Shortage Phase* Percent Reduction Goal Plow Charge Rate In Overall Demand Adjustment Percentage Phase 2 — Severe 30% 15% Phase 3 — Extreme 45% 30% Phase 4 - Critical 60% 40% *Per the South Florida Water Management District (SFWMD) Water Shortage Plan Pursuant to Chapter 40E -21 of the Florida Administrative Code (FAC) The surcharge will be applicable to the volume charge for all single family and multi - family accounts for all consumption greater than Block 2. The surcharge will be applicable to the volume charge for all non - residential accounts for consumption greater than Block 1. The Block structures are specified in Section One above. The surcharge will be applicable to the volume charge for all consumption by irrigation only accounts. The surcharge is not assessed against the service availability charge. This revised water restriction surcharge will start on the first billing cycle of the month following the imposition of the restrictions. The surcharge will cease on the first billing cycle of the month following the revocation or lifting of the restrictions. FISCAL IMPACT: If this fifteen (15 %) percent surcharge is not approved, 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. 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 Board adopt a Resolution amending the Water Restriction Surcharge, in Schedule One of Appendix A, of the Collier County Ordinance No. 2006 -27, titled Collier County Water -Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance, as attached to this executive summary. PREPARED BY: Peter Lund, Division Operations Analyst, PublicUtilities Division. Page I of I Agenda Item No 17F May 8, 2007 Page 3 of 20 file. / /C \AgendaTest \Export \82 -May' /208, %202007\ 17. %20Sl1MMARY %20AGE.NDA \178... 5/1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 171- Item Summary: Adopt e Resolullon amandtog the Water RaMusipn Surcharge. Schedule One of Append a A of the Collier County Ordinance No 2006 -27. tied Collier County Water -Sewer District Uniform Billing. Operating and Regulatory Standards Ordinance Meeting Date: 51812007 9.0090 AM Prepared By Peter Lund Operations Analyst Data Public Utilities Public Utilities Operations 411912007 2'4]:36 PM Approved By Thomas Ahmas Operators Director Data Public Utilities Public Utilities Operations 41201200712:04 PM Approved By John A. Yonkdsky Utility Billing Director Date Public Utilities UBCS 4123120071:39 PM Approved By James W_ Dai Public Utilities Administrator Date Public Utilities Public Utilities Administration 4125120072: 33 PM Approved By OMB Coordinator Addrnistrnllye Assistant Data County Maimger'e Office Office of Management & Budget 412612007 7 56 AM Approved BY Randy Greenwald ManagomontlBudget Analyst Date County Managers Office Olhce of Management & Butlget 4126120013.08 PM - -- Approved By Michael Smykowshi Management& Judger Director Date County Managers Office Office of Management& Burro 51112 00 7 11:46 AM Approved By James V. Mudd bounty Manager Cate Board of County County Mnnnd, s Office 511120076'40 PM Commissioners file. / /C \AgendaTest \Export \82 -May' /208, %202007\ 17. %20Sl1MMARY %20AGE.NDA \178... 5/1 Agenda Item No. 17F May 8, 2007 Page 4 of 20 RESOLUTION NO. 2007 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING THE WATER RESTRICTION SURCHARGE IN SCHEDULE ONE OF APPENDIX A OF THE COLLIER COUNTY ORDINANCE NO. 2006 -27, AS AMENDED, TITLED THE COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE WHEREAS, on December 11, 2001 the Board of County Commissioners adopted Ordinance No. 2001 -73, entitled the Collier County Water -Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance, and increased the water -sewer user rates and directed staff to update the user rates after one year; and WHEREAS, on June 6, 2006 the Board of County Commissioners adopted Ordinance No. 2006 -27, entitled the Collier County Water -Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance, which incorporated a revised Schedule A that increased some of the rates, fees and charges as specified therein; and WHEREAS, Collier County uses water and sewer user rates to recover system operation, maintenance, renewal enhancement, replacement and debt service costs from residential and non - residential property owner system users within the boundaries of the Collier County Water -Sewer District; and WHEREAS, staff has recommended amending the .water restriction surcharge applicable to residential and commercial customers as specified in the attached amended Schedule One to Appendix A. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners, after advertised public hearing, accepts staff's recommendation and hereby amends the water restriction surcharge set forth in the attached amended Schedule One to Appendix A of Ordinance No. 2006 -27, as amended, titled the Collier County Water -Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance. This amended water restriction surcharge will commence on the first billing cycle of the month following the imposition of certain temporary water use restrictions, and this surcharge will cease on the first billing cycle of the month following revocation or lifting of these temporary water use restrictions. This Resolution is adopted after motion, second and majority vote favoring adoption this day of May 2007. ATTEST Dwight E. Brock, Clerk By Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: James Coletta, Chairman Agenda Item No. 17F May 8, 2007 Page 5 of 20 PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A - FEES, RATES AND CHARGES SCHEDULE 1 - DISTRICT -WIDE WATER and WASTEWATER RATES Pnee lof 2 Water, Wastewater, Fire Meter Rates and Water Surcharees 1. Water: Effective Effective Block 3 Oct. 1, 2006 Oct. 1, 2007 (a) Service Availability Charge for Individually Metered Residential, Non- Residential and Irrigation: $2.20 Block 2 Effective Effective Block 3 Effective Effective Size Oct. 1 2006 Oct. 1, 2007 Size Oct. ] 2006 Oct. 1, 2007 5/8" inch meter $14.00 per month $16.03 per month 3" inch meter $ 170.94 per month $ 195.72 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 35.38 per month 6" inch meter 563.08 per month 644.70 per month 1 -1/4" inch meter 39.12 per month 44.79 per month 8" inch meter 899.20 per month 1,029.53 per month 1 -1 /2" inch meter 58.91 per month 67.45 per month 10" inch meter 1,627.44 per month 1,863.33 per month 2" inch meter 92.47 per month 105.88 per month 12" inch meter 2,198.07 per month 2,516.69 per month (b) Volume Charge Per 1,000 Gallons: (i) Individually Metered Residential, Non - Residential and Multi- Family Residential: (c) Block Rate Structure Consumption Blocks in Gallons - Up To Or Next Meter Size Effective Effective Block 3 Oct. 1, 2006 Oct. 1, 2007 Block 1 $1.92 $2.20 Block 2 2.88 3.30 Block 3 3.84 4.40 Block 4 4.80 5.50 Block 5 5.76 6.59 Block 6 7.68 8.79 Consumption Blocks in Gallons - Up To Or Next Meter Size Block 1 Block 2 Block 3 Block 4 Block 5 Block 6 and 314" 5,000 10,000 20,000 30,000 50, Over 50,000 1" 12,000 25,000 50,000 75,000 120,000 Over 120,000 1 -1/4" 20,000 40,000 80,000 120,000 200,000 Over 200,000 1 -1/2" 25,000 50,000 100,000 150,000 250,000 Over 250,000 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 1,000,000 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 10" 700,000 1,450,000 2,900,000 4,300,000 7,000,000 Over 7,000,000 12" 1,075,000 2,150,000 4,300,000 6,450,000 11,000,000 Over 11,000,000 2. Wastewater: (a) Wastewater Service Availablity Charge for Individually Metered Residential, Non - Residential, and Multi - Family: (b) Volume Charge per 1,000 gallons: (i) All Metered Usage (ii) Individually Metered Residential Maximum: Effective Effective Oct.l, 2006 Oct.l, 2007 $3.13 $3.44 The maximum volumetric charge for individually metered residential property shall be 15,000 gallons per month. Agenda.BCCAGENDA.33146 4/23/2007 12:07 PM Effective Effective Effective Effective Size Oct. 1, 2006 Oct. 1, 2007 Size Oct. 1, 2006 Oct. 1, 2007 5/8 inch meter 22.26 per month $24.9 per month 3 inch meter $287.24 per month 315.96 per month 3/4 inch meter 22.26 per month 24.49 per month 4 inch meter 476.32 per month 523.93 per month 1 inch meter 50.61 per month 55.67 per month 6 inch meter 949.23 per month 1,044.12 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 1 -1/2 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: (i) All Metered Usage (ii) Individually Metered Residential Maximum: Effective Effective Oct.l, 2006 Oct.l, 2007 $3.13 $3.44 The maximum volumetric charge for individually metered residential property shall be 15,000 gallons per month. Agenda.BCCAGENDA.33146 4/23/2007 12:07 PM Agenda Item No. 17F May 8, 2007 Page 6 of 20 PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A — FEES, RATES AND CHARGES SCHEDULE 1 — DISTRICT -WIDE WATER and WASTEWATER RATES Page 2 of 2 3. Fire Systems (Dedicated and Compound): (a) Fire Meter (i) Fire Service meter size will refer to the largest diameter meter register installed for fire protection. (ii)Fire Service meter connnections that have consumption registerd for three conseetutive billing periods are deemed to have provided domestic or other water usage shall he billed according to regular water monthly availabiltiy and usage charges as described herein. (b) Volume Charge: (i) Per 1,000 gallons Water Restriction Surcharge - Per The South Florida Water Management District (SFWMD) Water Shortage Plan Pursuant to Chapter 40E -21 of the Florida Administrative Code (FAC) The surcharge will be applicable to the volume charge for all single family and multi - family accounts for all consumption greater than Block 2. The surcharge will be applicable to the volume charge for all non- residential accounts for consumption greater than Block 1. The Block structures are specified in Section One above. The surcharge will be applicable to the volume charge for all consumption by irrigation only accounts. The surcharge is not assessed against the service availability charge This revised water restriction surcharge will start on the first billing cycle of the month following the imposition of the restrictions. The surcharge will cease on the first billing cycle of the month following the revocation or lifting of the restrictions. Agenda.BCCAGENDA.33146 4/23/2007 12:07 PM Percent Reduction Goal Flow Charge Rate Water Shortage Phase* In Overall Demand Adjustment Percentage Phase 2 - Severe 30% 15% Phase 3- Extreme 45% 30% Phase 4 - Critical 60% 40% - Per The South Florida Water Management District (SFWMD) Water Shortage Plan Pursuant to Chapter 40E -21 of the Florida Administrative Code (FAC) The surcharge will be applicable to the volume charge for all single family and multi - family accounts for all consumption greater than Block 2. The surcharge will be applicable to the volume charge for all non- residential accounts for consumption greater than Block 1. The Block structures are specified in Section One above. The surcharge will be applicable to the volume charge for all consumption by irrigation only accounts. The surcharge is not assessed against the service availability charge This revised water restriction surcharge will start on the first billing cycle of the month following the imposition of the restrictions. The surcharge will cease on the first billing cycle of the month following the revocation or lifting of the restrictions. Agenda.BCCAGENDA.33146 4/23/2007 12:07 PM Agenda Item No. 17F 18�� May 8, 2007 w Page 7 of 20 0 ORDINANCE NO. 2006 - 27 s O ANCE OF COLLIER COUNTY, FLORIDA, AMENDING COLLIER �ItatCO 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 JUNE 6, 2006; ADDING A DEFINITION OF "EQUIVALENT RESIDENTIAL CONNECTION "; DELETING A REFERENCE TO A $300 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 (NEW) AFPI CHARGES, SHALL NOT BECOME EFFECTIVE UNTIL SUNDAY, OCTOBER 1, 2006 WHEREAS, the original Collier County Water -Sewer District, also known as the County Water - Sewer District of Collier County, (hereinafter the "District ") was approved on November 4, 1969 by voters of Collier County in accordance with the requirements of Chapter 153, Part 11, Florida Statutes; and WHEREAS, in 2001 the Board of County Commissioners enacted Collier County Ordinance No. 2001 -73 to create a more simplified and more efficient mechanism for water 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 Ex-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, adapts a new Schedule 7 to Appendix A, Ida-; incorporate into this Ordinance by reference a new charge called "Allowance for Funds Prudently 0 Invested (AFPI) Fee," which shall become effective on Sunday, October 1, 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 Dislricl Rates, Fees and Charges other than Monthly 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 stmek- tiveBgh are deleted Agenda Item No. 17F May 8, 2007 Page 8 of 20 (i) Allowance for Funds Pmdently 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 char es may be chanized from time-to-time by 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 re and 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. (2) Allowance for Funds Prudently Invested (AFPI) Fees afford the District an opportunity to gam 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 yet 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 militv system bv means of an "active connection." Calculation of the AFPI charges excludes Kant paid from impact fees which are classified in law as "contributions -in -aid of construction" "C(_ IAC (3) 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 connection (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 to ERCs reserved by payment of the relevant water and /or wastewater impact fees actually received by County staff subsequent to October 1, 2006 and these AFPI charges shall cease to apply to ERCS reserved by staff s receipt of these impact fee Payments subsequent to December 31,2012. (5) All water AFPI charges shall he 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 subsequent to October 1 2006, and these AFPI charges shall not apply to ERCs reserved by a ment for the ERCs received by staff subsequent to December 31 2012. These rates, fees and charges may be changed from time to time by ordinances or by resolutions of the Board of County Commissioners as ex-officio Board of the Collier County Water - Sewer District, provided the Bond hells -an Publishes, in a newspaper of general circulation in Collier Count notice of an advertised public hearing with regard to the then proposed schedule amendments. The proposed amendments (bv County Ordinances or Board resolutions) can be agendizod on the Board's regular agenda, or on the Board's summary agenda subject to removal to the Board's regular aptencla. 2 Words underlined are added; Words stmelt- 4wough are deleted Agenda Item No. 17F May 8, 2007 Page 9 of 20 '— SECTION THREE: Adding Definition of "Equivalent Residential Connection." 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 of the 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 ner day," SECTION FOUR: Transfer of the Existing Illegal Connection Fine ($300) from the body of the Ordinance into Schedule 6 of Appendix 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 Severability. 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 jurisdiction, 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 relettemd 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 $300 fine, which shall remain continuously in effect). PASSED AND DULY adopted by the Board of County Commissioners as Ex- officio Board of the Collier County Water -Sewer District this 6' day of June, 2006. ATTEST: DWIGHT E. BROCK, Clerk By U� Deputy -gSrK Attttt at to Clitttva tird#atot? pal Approved as tot?. and legal sufficiency: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS EX- OFFICIO BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT FRANK HALAS, Chairman This ordinance filed with the iv$eGv -y 0004 te's Office the v- � d DO lo B y �// / (/ and acknowledgement �i. that fill received this .�-�_ day Assistant County Attorney 6y o h_ 3 Words underlined are added; Words simek throu are deleted Agenda Item No. 17F May 8, 2007 Page 10 of 20 PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A - FEES, RATES AND CHARGES SCHEDULE I -DI STRICT- WIDEWATERaod WASTEWATER RATES Page 1o1`2 Water Wastewater F'eg Meter Rates and Water Sureharcm 1. Water: Effective Oct. 1, 2006 Effective Oct. 1, 2007 Block 1 $1.92 T - (a) Service Availability Charge for Individually Mehemet Residential, Noo-Residential and Irrigation: Block 3." Effective Effaetvt 4.80 Effmdvc Effective St. Oct. 1, 2006 Oct 1. 2007 Siu OIL I, 2006 OIL 1.2 "7 S/8 • Inch meter 1 Per month 1 per month lest meter S I per moot 5 195.74 per month 3/4" Inch meter 14.00 per month 16.03 Per month 4" inch meter 262.98 Per month 324.00 per month I" inch meter 70.90 per month 3538 per month 6•' Inch meter 563.08 Per month 644.70 Per month 1 -1 /4•' Inch meter 39.12 per mouth 44." per month 8•• inch meter 89920 per mouth 1,02953 per month 1 -In" inch meter 58.91 per month 67AS per month 10•' inch meter 1.627,14 per month 1,86333 per month 2" inch meter 92.47 per mouth 105.88 per month 12" inch meter 2,198.07 per month 2,516.69 per month (h) Volume Charge Per 1,000 Gallons: ( i) Individually Metered Residential, Non-Residential and Multi - Family Residential: (c) Block Rate Structure Comumption Sloth. to Gallus - Up To Or Nest 1•' Effective Oct. 1, 2006 Effective Oct. 1, 2007 Block 1 $1.92 T - Block2 2.88 3.30 Block 3." 4.40 Block 4.80 5.60 Blocks 5.76 6.59 Block 7.68 8.79 Comumption Sloth. to Gallus - Up To Or Nest 1•' 12,1100 25A" 50,000 75A" 120," Over 124000 1 -1/4" 20.000 40,000 ",0" 120AM 200,000 Over 200,000 1 -Irz" 25.000 54000 100,000 150.000 250,000 Over 250,000 2" 40.000 ",0" 160,1100 240,000 400,000 Over 4110,000 3" ".0" 160.000 320"" 4110.000 8001000 Over 8110,000 4•• 120,000 250.000 500,000 a 01A" 1.200.201) Over 1.204000 6" 250.000 5110.000 1.000, "0 1 S "A" 2500,000 Over 2.500.200 8" 450,000 900.0" IA ".0" 2,704000 4.500.000 Over 4,500.000 10" 700,000 1.450." 2.900. 000 43",0on 7.0011,000 Over 7,1) 011,000 12" 11075111" 2.151110" 43130. 000 6A."A" 11,200,000 Over 11,000,000 2. W.emwetrr: (a) Wastewater Service Availablity Charge for Individually Meeemd Residential, Non- Raidenti.l, mat MuW- Family: Effective Ertativ. Effective Effective Sim net 42006 Od. 1,2007 Si. Oct 1, 2006 Oct. 1. M07 5 inch meter per moat . 9 Per month 3 inch meter 8 87 per month .96 per month 314 inch meter 2226 per month 24.49 per month 4 inch meter 47632 per mouth 523.93 Per month 1 inch meter 50.61 per month 55.67 Per mouth 6 inch meter 949.21 per mouth 1,044.12 Per month 1 -114 inch meter 64.90 per month 7138 Per month 8 inch meter 1,516.92 per month 1,668.55 per month 1 -IR inch meter 97.93 per month 107.72 per month 12 inch meter 2,719.65 per month 2.99150 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 110" gallons: Effective Effective Octi, 2 06 Octl, 3"7 (i) All Metered Usage 83.13 $3.44 (ii) Individually Metered Residential Missimum: The maaimmm volumetric ch.rge for individually metered residential property rbull be 15, 000 g.11om per month. Ord 2007 Schedule 1 District -Wide Water Wastewater Rates 6/72006 2'48 PM Agenda Item No. 17F May 8, 2007 Page 11 of 20 PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A — FEES, RATES AND CHARGES SCHEDULE I — DISTRICT -WIDE WATER and WASTEWATER RATES Pm,2of2 J. Fin Systems (Dedicated and Compound): (a) Fire Meter (d Fin Senin meter she will refer to the largest diameter meter register installed for fire protection. (ii)Fire Service meter rononectimm that have consumption Misterd for three consecrative billing periode are deemed to have provided domestic or other water wage shall be hilledaeeording to regular water monthly mnilablidy and usage charges as described herein. (b) Volume Charge: (i) Per 1,000 gallon. Water Restriction Surcharge: Percent Bodoni.. Flow Chat" Rate Water Shortage Phaus In Overall Demand Adjustment Percentage Phase 1 - Modems Lase Tban 15 % 15% Phase J - Seca I.e.e Than JO% 00% Phase J - Extreme Ler.Thun40% 40% Phase 4- Critical Le.r Thanfr0% 60% Ord 2007 Schedule 1 District -Wde Water Wastewater Rates 6!1/2006 2:48 PM Agenda Item No. 17F May 8, 2007 Page 12 of 20 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 Ott. 1, 2006 Effective Oct. 1, 2006 % inch S 25.00 per month I inch $ 58.00 per month 1 '/. inch S 113.00 per month 2 inch S 178.00 per month 3 inch S 353.00 per month 4 inch $ 548.00 per month 6 inch $ 1,095.00 per month 8 inch $ 1,967.00 per month (b) Volume Charge per one thousand gallons ($ /Mgal) of usage: (i) Individual Metered Residential, Non - Residential and multi - family properties: Block Proposed Ott. 1, 2006 Block 1 (1) $ 4.30 Block 1 (1) S 5.30 Block 1 (1) $ 6.40 Block 1 (1) S 7.40 Block 1 (1) S 8.50 Block 1 (1) $ 10.60 (1) Same Block Rate Structure as that of Collier County Water -Sewer District. (c) Block Rate Structure: Consumption Blocks in Gallons - Up To Or Next Meter Size Block I Block 2 Block 3 Block 4 Block 5 Block 6 5/8" and 3/4" 5,000 10,000 20,000 30,000 50,000 Over 50,000 1" 12,000 25,000 50,000 75,000 120,000 Over 120,000 1 -1/4" 20,000 40,000 80,000 120,000 200,000 Over 200,000 1 -1R" 25,000 50,000 100,000 150,000 250,000 Over 250,000 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 1,000,000 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 6/7/2006 2:47:10 PM Agenda Item No. 17F May 8, 2007 Page 13 of 20 _. 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 Adjustment Clause (PWAC) — Existine Rates (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 $ / Mgal Ord 2007 Schedule 2 Goodland Rates 617/2006 2:47:10 PM Agenda Item No. 17F May 8, 2007 Page 14 of 20 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 I 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 314 inch $ 5.00 I inch $ 11.00 1.5 inch $ 23.00 2 inch S 46.00 3 inch $ 91.00 4 inch S 182.00 6 inch S 346.00 8 inch $ 628.00 10 inch $ 11005.00 12 inch S 1,497.00 (b) Volume Charge per 1,000 gallons: Type of Service Effective October 1 2006 (i) Pressurized and distributed $0.75 (ii) Pressurized $0.39 (iii) Bulk $0.30 Ord 2007 Schedule 3 IQ Rates 6/7/2006 2!46:56 PM Agenda Item No. 17F May 8, 2007 Page 15 of 20 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 (Taooine Fees) 1. Meter Installation charges to be paid to the District shall be as follows: Meter size meter tapping charges: Meter Tapping Charges With Meter Meter Meter Tapping Charges Without % inch 5676.00 % inch 5248.00 1 inch $738.00 1 inch $282.00 1.5 inch $1,012.00 1.5 inch $493.00 2 inch $1,140.00 2inch $618.00 The fees are based upon meter installation for a typical single - family residence. In all other circumstances, the meter installation fee shall be based upon the district's actual cost for time, equipment and materials. Backllow Device Charges (1) Backtlow Device Charges to be paid to the District shall be as follows: Ord 2007 Schedule 4 Meter Tapping and Backilow Device Rates.doc 6/7/2006 2:46:26 PM Reduced Pressure Backflow Double Check Valve Backtlow Meter Prevention Assembly Charge Meter Prevention Assembly Charge Size Effective Oct. 1, 2006 Size Effective Oct. 1, 2006 inch $214.00 % inch $108.00 l inch $237.00 finch $116.00 1.5 inch $345.00 1.5 inch $294.00 2inch $412.00 2inch $342.00 Ord 2007 Schedule 4 Meter Tapping and Backilow Device Rates.doc 6/7/2006 2:46:26 PM Agenda Item No. 17F May 8, 2007 Page 16 of 20 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 1 DESCRIPTION EFFECTIVE OCT. 1, 2006 Dl Equipment (Per Hour Rates): Rehab & Electrician's Truck S 75.00 Crew Trucks $ 50.00 Vaelor Truck S 200.00 Camera Truck $ 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 S 10.00 Mud Hog S 15 DD Trailer S 45.00 Signs, Barricades and /or Traffic Board S 100,00 Road Saw and /or Compactor $ 15.00 Miscellaneous Small Equipment S 5.00 (2) Labor (Per Hour Rates): Tech 1 & 2 S 3000 Supervisors S 40.00 (3) Administration (per mcidenth 15% or 5300; Whichever is smaller. (4) Parts and Sub-tontcactors Actual Cost Ord 2007 Schedule 5 Equipment Charges labor Charges 6/7/2006 2:46:09 PM Agenda Item No. 17F May 8, 2007 Page 17 of 20 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 Page 1 of 1 DESCRIPTION EFFECTIVE OCT. 1, 2006 New Accounts - Change of Ownership S 25.00 Turn Off/Turn On at Owner's Request $ 38.00 Meter Re -Read (if different - charge is SO) $ 38.00 Meter Test: Onsite Test (more than 3% error - charge is SO) S 80.00 Offsite Bench Test (more than 3% error - charge is SO) S 215.00 Meter Lock $ 55.00 Meter Unlock, 2nd and Subsequent Events S 55.00 Unlock after hours S 100.00 Meter Removal $ 160.00 Illegal Connection Actual time and material cosy plus average consumption, plus a $300.00 fine Convenience Fee - Credit Card $ 5.00 Temporary Meter Deposit $1,000.00 Duplicate Bill Processing Fee $ 2.00 Non - Sufficient Funds (NSF) Processing Charge 15% of the amount or $100, whichever is smaller Late Pavment Charge 5% of unpaid balance Vehicle Over Meter Charge S 55.00 Removal of Landscaping to Access Meter $ 75.00 Septage Processing Charge/1,000 gallons $ 31.00 Grease Trap Waste Charge /1,000 gallons S 42.00 Ord 2007 Schedule 6 Miscellaneous Charges 6/72006 2:46:44 PM Agenda Item No. 17F May 8, 2007 Page 18 of 20 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 1 of 1 AFPI Schedule Per ERC - Water System (•) Payment Calendar Year Month Month 2006 2007 2008 2009 2010 2011 2012 $0.00 January $0.00 $58.69 $234.76 $410.84 $586.91 $762.98 5939.05 47.79 February 0.00 73.36 249.4 425.51 601.58 777.65 953.72 172.06 March 0.00 88.04 264.11 440.18 616.25 792.33 968.40 296.33 April 0.00 102.71 278.78 454.85 630.93 807.00 983.07 420.59 May 0.00 117.38 293.45 469.53 645.60 821.67 997.74 544.86 June 0.00 132.05 308.13 48410 660.27 836.34 1,012.42 669.12 July 0.00 146.73 322.80 498.87 674.94 851.02 1,027.09 September August 0.00 161.40 337.47 513.54 689.62 865.69 1,041.76 9.56 September 0.00 176.07 352.14 528.22 704.29 880.36 1,056.43 133.87 October 14.67 190.74 366.82 542.89 718.96 895.03 1,056.43 258.09 November 2935 205.42 381.49 557.56 733.63 909.71 1,056.43 December 44.02 220.09 396.16 572.23 748.31 924.38 1,056.43 AFPI Schedule Per ERC - Wastewater System (•) Payment Calendar Year Month 2006 2007 2008 2009 2010 2011 2012 January $0.00 $38.24 $152.94 $267.65 $38236 5497.06 $611.77 '. February 0.00 47.79 162.50 277.21 391.92 506.62 621.33 March 0.00 57.35 172.06 286,77 401.7 516.18 630.89 April 0.00 66.91 181.62 296.33 411.03 525.74 640.45 May 0.00 76.47 191.18 305.89 420.59 535.30 650.01 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 November 19.12 133.87 248.53 363.24 477.95 592.65 688.24 December 28.68 143.38 258.09 372.80 487.50 602.21 688.24 I -) AFPI fee is initiated on October 1, 2006. Ord 2007 Schedule 7 Allowance Funds Prudently Invested (AFPI) Agenda Item No. 17F May 8, 2007 Page 19 of 20 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'SOard.of ". _ County Commis ibners ;c By: Heidi R. Rockhold, Deputy Clerk Agenda Item No. 17F May 8, 2007 Page 20 of 20 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.coilier fl us Email- collierclerkna clerk-collier,Lya Agenda Item No. 17G May 8, 2007 Page 1 of 11 EXECUTIVE SUMMARY SE- 2007 -AR- 11230, a Resolution amending Resolution Number 2000 -189, the Golf Club of the Everglades to correct a Scrivener's error in the legal description for property located at the northeast intersection of Vanderbilt Road and Sundance Road OBJECTIVE: To have the Board of Zoning Appeals (BZA) correct a Scrivener's error in Exhibit B" of Resolution Number 2000 -189, in order to accurately describe the project known as the Golf Club of the Everglades CONSIDERATIONS: On June 27, 2000, through Resolution 2000 -189, the BZA approved a parking exemption for the Golf Club of the Everglades, located in the A (Rural Agricultural) Zoning District. This parking exemption reduced the required number of parking spaces from 122 to 71, providing a reserved area of 60 additional parking spaces for future use by this facility when needed. Subsequent to Board's action, staff discovered a Scrivener's error in Exhibit `B" (Legal Description) which incorrectly references Range 27 East instead of Range 26 East. FISCAL IMPACT: This action is only to rectify an incorrect legal description of the previously adopted Resolution that was approved by the BZA. Therefore, this change, by and of itself, will have no fiscal impact on the County. GROWTH MANAGEMENT IMPACT: The original petition was reviewed for consistency and was found to be consistent with all the applicable provisions of the Growth Management Plan (GMP). This Scrivener's error is only to rectify an incorrect Legal Description that was approved by the BZA through Resolution Number 2000 -189. LEGAL CONSIDERATIONS: This action corrects the Legal Description contained in Exhibit "B" of Resolution Number 2000 -189, and the corrective Resolution will be recorded in the minutes of the Board. This Resolution was reviewed and approved by the Office of the County Attorney for legal sufficiency. STAFF RECOMMENDATION: That the BZA approve the Scrivener's error correction to Resolution Number 2000 -189. PREPARED BY: Willie Brown, Principal Planner Department of Zoning and Land Development Review Page I of 1 Actil Item No 17G May 6, 2007 Page 2 of 11 file:IIC:\AgendaTest \Export \82 - May %208, %202007\ 17.%2OSUMMARYo/ 20AGENDA \17G... 5/22007 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 17G Item Summary: This item requires that all participants be sworn in and ex carte disclosure be provided by Commission members. SE- 2007 -AR -11230 (WE), A Prediction of the Board of Zoning Appeals of Collier County, Florida. amending ResmUtion No 2000 -189 to coned a scrivener error in Exhibit B. the legal description for a protect known as the Golf Club of the Everglades. Meeting Bate: 513/2007 9'.00 00 AM Prepared By Willie Brown Principal Planner Date Community Development & Environmental Services Zoning & Land Development Review 411712007 2:32:47 PM Approved By Ray Bellows Chief Planner Date Community Development 6 Environmental Services tuning & Lantl Development Review 411712007 3:07 PM Approved By Marlene Stewart Executive Secretary Date Commodes Development& Community Development& Eavirenmental Services Environmental Services Atlmin, 411020073:46 PM Approved By Judy PUig Operations Analyst Dale Community Development A Community Devolopmont & Environmental Services Environmental Services AOmin. 41182007660 PM Approved By Susan Murray. AICP Zoning& Land Development Director Gaw Community Development & Environmental Services Zoning it Land Development Review 412012007940 AM Approved By Jeff Klatzkow Assistant County Attorney Dan, County Attorney County Attorney Office 412012007 1:23 PM Approved By Community Development 8 Joseph K. Schmitt Date Environmental Services Adminstrator Community Developeient0 Community Development& Environmental Services Environmental Services Atlmin. 4122120073: 10 PM Approved By OMB Cimrmarmr Administrative Assistant Date County Managers Office Office of Management & Budget 4 12512007 9:49 AM Approved By Mark lsackson Budget Analyst Date County Managers Office Office of Management& Budget 41261200710:20 AM Approved By James V. Mudd County Manager Bate Board of County Commissioners County Managers Office 4127120076: 45 PM file:IIC:\AgendaTest \Export \82 - May %208, %202007\ 17.%2OSUMMARYo/ 20AGENDA \17G... 5/22007 Agenda Item No. 17G May 8, 2007 Page 3 of 11 RESOLUTION NO. 07 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, AMENDING RESOLUTION NO. 2000 -189 TO CORRECT A SCRIVENER'S ERROR IN EXHIBIT "B ", THE LEGAL DESCRIPTION FOR A PROJECT KNOWN AS THE GOLF CLUB OF THE EVERGLADES. WHEREAS, on June 27, 2000, the Collier County Board of Zoning Appeals adopted Resolution No. 2000 -189; and WHEREAS, following said action adopting Resolution No. 2000 -189, it was determined that Exhibit `B" to the Resolution did not contain the correct legal description that was otherwise intended and made part of the public hearing and therefore constitutes a scrivener's esor. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: The legal description set forth in Exhibit "B" of Resolution No. 2000 -189 is hereby amended to correct a scrivener's error by amending Exhibit °B" to read as follows: Golf Club of the Everglades Legal Description A parcel of land lying in the east half of Section 36, Township 48 South, Range a- 26 East, Collier County, Florida, and more particularly described as follows: The east half of Section 36, Township 48 South, Range B'7 26 East, less the northwest quarter of the northeast quarter of said section and the north half of the northwest quarter of the southeast quarter of said section. Said parcel containing 261.85 acres more or less, subject to easements, restrictions and reservations of record. BE IT FURTHER RESOLVED that this Resolution relating to Petition No. SE- 2007 -AR- 11230 be recorded in the minutes of this Board. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this _ day of , 2007. ATTEST: DWIGHT E. BROCYC Clerk BOARD OF ZONING APPEALS OF COLLIER COUNTY. FLORIDA By: By: Deputy Clerk ApptveElp,�,tjfogn and legal sufficiency: Jeffir A. Mal Cow Manftng Ass s ant County Attorney JAMES COLETTA, Chairman Words stfuek thret o-h are deleted; words underlined are added. Agenda Item No. 17G May 8, 2007 Page 4 of 11 RESOLUTTON 2000 - 18 9 RELATING TO PETITION NUMBER PE- 2000 -02 FOR A PARKING EXEMPTION FOR PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public, and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the allowance of a parking exemption, and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted board for Collier County which includes the area hereby affected, has held a public hearing after notice and has considered the advisability of requiring the construction of 71 of the required 122 parking spaces and reserving an area for the construction of 60 additional parking spaces, as shown on the attached plot plan, Exhibit "A ", in the A Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.3.4.11.2.c, of the Collier County Land Development Code, for the unincorporated area of Collier County, and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting and the Board having considered all matters presented, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that the petition filed by William C. McAnly of McAnly Engineering and Design, Inc. representing Golf Club of the Everglades with respect to the property hereinafter described as: Exbibit `T3" be and the same hereby is approved for the construction of 71 of the required 122 parking spaces and reserving an area for the construction of 60 additional parking spaces as shown on the attached plot plan, Exhibit "A ", of the A (Rural Agricultural) Zoning District wherein said property is located, subject to the following conditions: -1- Agenda Item No. 17G May8,2007 Page 5 of 11 t. The proposed reserved parking area shall never be encroached upon, used, sold, leased, or conveyed for any purpose except for use in conjunction with the subject property and use. 2. The Planning Services Director shall determine at what time, if any, the reserved parking shall be constructed, based on the criteria in Division 23 of the Land Development Code. 3. The Planting Services Director may approve minor changes (such as the location of reserved parking, but not the number of reserved spaces) to Exhibit "A ". BE IT RESOLVED that this Resolution relating to Petition Number PE- 2000 -02 be recorded in the minutes of this Board. This Resolution adopted after motion, second aJnd majority vote. Done this X%XZ day of CJ . 2000. •,ATTEST '- BOARD OF ZONIN `DR! b. rr:E. BROOK, CLERK COLLIER C il, FLORIDA a J. CO ANTINE, CHAIRMAN Attest as to Chatttiul's signature only. Approved as to Form and Legal Sufficiency: M2aryon M� Student � Assistant County Attorney C✓adnnwvP&20o0.0211-Wm —2— Agenda Item No. 17G May 8, 2007 Page 6 of 11 —, From: ocheltree m Sent: Monday, July 31, 2000 2:43 PM To: reischl f Subject: PE-2000 -2 For your information: The following folder is being returned. The legal description on the application and executive summary are correct. When petition was approved, the legal used with the Resolution, as an attachments incorrect. Property is located in Section 36,Township 48, Rance 26 not Range 27. ti w w N Q J D 0 O O VEGETATED OPEN SPACE Agenda Item No. 17G May 8, 2007 Page 7 of 11 ZZ VEGETATED OPEN SPACE- _ _VANDERBILT BEACH ROAD EXTENSION(60' ROAD EASEMENT) — — — — — — — — — — — — — — — — — = — — — — — — — — CONSTRUCT ALL DRIVEWAYS AND A MINIMUM 71 PARKING SPACES AND RESERVE 60 SPACES. - l,PAHKING FE89iYATIMI MaMBn CANAL DENOTES PROPOSED RESERVED PARKING. SPACES NLY ENGINEERING DE ws ::mno ,•_,or Exhibit "A" �vn: Agenda Item No. 17G May 8, 2007 Page 8 of 11 S �t GOLF CLUB OF THE EVERGLADES - "LEGAL DESCRIPTION A PARCEL OF LAND LYING. IN THE EAST,HALF OF SECTION 36. TOWNSHIP-48 SOUTH. RANGE 27 EAST, COLLIER COUNTY. FLORIDA. AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST HALF OF SECTION 36. TOWNSHIP 45 SOUTH. RANGE 27 EAST.' LESS THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION AND THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION. - SAID PARCEL CONTAINING 261.85 ACRES MORE .1311 LESS. SUBJECT TQ EASEMENTS. RESTRICTION: AND RESERVATIONS OF RECORD. " EXPIHTT "B" Agenda Itern No. 17G May 8, 2007 Page 9 of 11 c(c� EXECUTIVE SUMMARY v PE- 2000 -02, WILLIAM C. MCANLY OF MCANLY ENGINEERING AND DESIGN, INC., REPRESENTING GOLF CLUB OF THE EVERGLADES, REQUESTING A PARKING EXEMPTION TO REDUCE THE REQUIRED 122 PARKING SPACES TO 71 PARKING SPACES AND TO RESERVE LAND FOR 60 PARKING SPACES FOR A PRIVATE GOLF CLUB LOCATED ON THE NORTHEAST CORNER OF VANDERBILT BEACH ROAD EXTENSION AND DOUGLAS STREET, IN SECTION 36, TOWNSHIP 46 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA. - OBJECTIVE: The petitioner requests approval of a Parking Exemption for reserved parking for Goff Course of the Everglades. CONSIDERATIONS: The Land Development Code requires 122 parking spaces for the Golf Club of the Everglades. The petitioner thinks that this is an excessive amount of parking for a private golf course. He wishes to construct 71 spaces and reserve an area to construct 60 parking spaces if they become necessary. FISCAL IMPACT: Approval of this petition will have no direct fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: The subject property is designated Agricultural /Rural, as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this Subdistrict permits parks, open space, and recreation uses - including ancillary uses, such as parking lots. This site is within the area of the County subject to Final Order No. AC -99 -002, issued June 22, 1999, by the Administration Commission (Florida Governor and Cabinet). The Final Order prohibits golf courses in the Ag/Rural area. However, this prohibition does not apply to projects submitted to Collier County prior to June 22, 1999. Petition CU -96- 17 was submitted to, and approved by, Collier County prior to June 22, 1999. �o �o G T t6 � N� L _ IL (6 C m Q $p 1 �e Naptea Dai Ly News NapLes, FL 34102 Affidavit of Publication Nap Les Daily News COLLIER COCWW COFAMM DEYELAMFERT 2800 S HORSESHOE DR NAPLES FL 34104 REFERENCE: 053926 58068863 PE- 20DD -02 NOTICE OF State Of Florida county of Collier Before the undersigned authority, persomLLy appeered_B. Lady, who On oath mys that she serve. as the Assistant Corporate Secretary of the NapLes Deily News, a daily newspaper ptb L ?shed at Nap Les, in Collier County, Florida: that the attached copy of advertising was published in amid newspaper On dates Listed. Affient further says that the said Naples Daily News is a newspaper published at Naples, in amid Collier County, Florida, and that the said newspaper has heretofore been continUOUSly published in said Collier County, Florida, each day end has been entered me second class mail setter at the post Offim in Naples, in said collier County, Floride, for a Period of 1 year next preceding the first publication Of the attached copy Of edveftisesent; and affient further says that she has neither paid nor promised my person, fin or corporation any dismunt, rebate, sweissiun Or refund for the purpose of securing this advertisement for publiction in the said newspaper. POBLISHED ON: 05/28 AD SPACE: 112.000 INCH FILED ON: 05/29/00 Signature Of Affiant - Scorn to and Subscribed before me this day of ffiai—cot Personally known by as U P Agenda Item No. 17G May 8, 2007 Page 11 of 11 y 1 riy A My Co o Fbrn My �s 102000 t] E.v ^es Dee . D00 'FJt f� Agenda Item No. 17G May 8, 2007 Page 11 of 11